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HomeMy WebLinkAbout13-Public Works . . . CITY OF SAN BERNARDINO -File No. 15.30-239 A/~ - REQUEST FOR COUNCIl!" AcflON :'" ROGER G. HARDGRAVE, Directof Vacation: 17th Street, East of From: .' tr' .. -SubjliCtl C~fl)ejo Drive Public Works/Engineering File No. 15.30-239 Dept: L- .. .; ." 3: 3G July 21, 1986 Date: Synopsi$ of Previous Council action: 06/16/86 07/07/86 Authorization to Proceed Post and publish Resolution of Intention Recommended motion: That the hearing be closed and the Finding of Fact as set forth in the Staff Report be adopted, and Adopt Resolution. cc: Ray Schweitzer, Acting City Administrator Ralph Prince, City Attorney ~ '"'''" '"d,,,. """,, - ""'"" C0 4'"';~ SIgnature Contact person: Lou Little Phone: Supporting data attached: Staff Report & Resolution FUNDING REQUIREMENTS: Amount: $400.00 General Fund (Street Vacation) Ward: 5328 2 Source: 001-000-4170 Finance: /) c C'i:.../ C__ Council Notes: 1 75-0262 Agenda Item No 13. CI* OF SAN BERNARD. - REQU'" FOR COUNCIL ACA>>N STAFF REPORT This office has received a request to vacate that portion of 17th Street East of Conejo Drive, and it is the opinion of this Division that there is no further necessity for that portion of 17th Street ei ther for present or prospective street purposes. Therefore, we recommend the vacation on the basis of the following "Finding of Fact": 1. We have received a request for the vacation. 2. There is a reservation of an easement for the following: a) Utility companies. b) Ingress and Egress to the County of San Bernardino to serve the Flood Control Channel and bri dge to the East. c) For the City of San Bernardino emergency vehicles. d) Utility company vehicles. e) Abutting property owners. 3. By virtue of the posting and publication of this proposal, neither this office nor the City Clerk's office, have received any written protest aga i nst the vaca ti ng of thi s street. We recommend the adoption of the attached resolution. 2 75.0264 . .. '. . .,' ~ " '4':'-.:.:' ,'E,9" . 1 . , ..,.. ", ~';';.o;-:"'-:-"--- ~ . " '., . .~ . . @. . 'i , , , .' --'-- .... ., .. ,;' .,. .' ..' .: .:\.' : :.~., . ," . ..:......: ~........ I .... I - oS fH' . ~__-,-- . ... . .: ',,' ~~r -----.- -..- .~ _..-:-~----- . .' "@' -:-:'-::L-~~ :,;-. . ..... .,,4.,C' .. ., .. :'C~-,~! ---.=-::'--"-- . tZ~ '':' .' '@ -_-:...--- .......-.-.:-. CD -"'-'f ..,. '. . . lSi.5.0r' . " '1"-'--' ---.------,--'.-- .;! I :' 'ft' . ! '~"''i . CROSS I "I""'. . . . '.' ,. "'. '.t. ,: :1' ." . '. . ::',' ; . "nj . .' ..... . ~ . . ;: . .': .... '~I' . '. . , . '. .....::0 . '.. " . . '.. ::.>..~io..;. :.' "l'" . . :,1.' ~ ':. ,'/7rl!~5-!- . .;:';' .: ;. "~'. .' .,:~. ':',' .., :'~<. '~,'~-~'.~~~,". .: , .ljr:~&.l'#. br!::'1f' ,'; .:;. .: . .\f'8c.~~+ed:~" .:,' . . ,I. M.f3.7/2 L I J. 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'.. . '':'' .,:','.\. . .... : '. . ~....~:.: ......,:<'.,<' ...... "':;'~:"". ..:..' ..' . ". . .... .'; ":~."."': ". ~':":,!~.':. '. ' ~ :..'.,..~;. . . '. '. ..... .' . . .:. '.. .' .' ... . .:. to" . ..' ..... .' ' ! " . ' . .... '. .: , . . . . '.' . . " , . . . .,. . . : . . '. - . '.. '. ... , .. .10..' crfY OF 5AN \?E:F:'NAf?OI NO . f'u6LlC. WORI<<O t>E~^Rj'M(;;N'" Et-J<.'jINEl:r-;INlrJ PNI"510N ReAL 1"1Za1"'l:RTY 'Oe:C1io~ .. . (lIRE:;GTOr.:OF l'\JeUc. WORI<S!CI E:N~INEeF':. ARrrA VACA TE'D 'S \.\O\NN 11~U \3 / / / / / / / / / a'C"A. """P ........... _.; 1./...... 'OHEEI I OF' I ("'~I/'~ v,.. -..' i ".1 . I C\lCd~C;:D en"': V^T~ (~?4"':f" FILlS t-JO.I'5.~o-23.~ \='l.AN NO. ?CZ. 4- . 'OlREE.'-VACA-r\ON . 'l7 '7J:I S-/-ree.f "". E/;'YT or It'I\i'&/t1 f)/fIVE . . 1 2 3 -4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 \ 26 27 28 'i.. ;~ ',i' . . . RESOLUTION NO. A RESOLUTION OF THE CITY OF SAN BERNARDINO VACATING SEVENTEENTH STREET, EAST OF CONEJO DRIVE, AND RESERVING AN EASEMENT FOR INGRESS AND EGRESS TO THE COUNTY OF SAN BERNARDINO TO SERVE THE FLOOD CONTROL CHANNEL AND BRIDGE TO THE EAST, AND FOR THE CITY OF SAN BERNARDINO EMERGENCY VEHICLES, UTILITY COMPANY VEHICLES, AND ABUTTING PROPERTY OWNERS THEREOF. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: ;~ SECTION 1. The Mayor and Common Council of the City of san Bernardino, having heard the evidence offered in relation to the proposed vacation of that portion of Seventeenth Street, East of Conejo Drive, more particularly described in City Resolution of Intention No. 86-264, hereby find from all of the evidence submitted that such street proposed to be vacated by said Resolution is unnecessary for present or prospective public street purposes. SECTION 2. The Mayor and Common Council of said City do hereby vacate that portion of Seventeenth Street, East of Conejo Drive, San Bernardino,. California, mora particularly described as follows: The South 15.00 feet of Lot 10, Tract 2316 as per plat thereof recorded in Book 33 of Maps, page 31, records of the County Recorder of San Bernardino County. And is also described in said Resolution No. 86-264. SECTION 3. This Resolution shall reserve, and nothing in this Resolution shall in any way affect or disturb any existing easements for sanitary sewer.and appurtenant facilities and for public utility purposes belonging either to the City of San Bernardino or to any public utility, and there is hereby reserved for future general public utility purposes . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . . . and an easement for ingress and egress to the County of San Bernardino to serve the flood control channel and bridge to the East. and for the City of San Bernardino emergency vehicles, utility company vehicles and abutting property owners thereof as reserved by Resolution of Intention No. 86-264. SECTION 4. The City Clerk of the City of San Bernardin shall cause a certified copy of this Resolution to be recorded ...~ in the office of the County Recorder of the County of San Bernardino. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof held on the day of , 1986, by the following vote, to-wit: AYES: NOES: ABSENT: City Clerk The foregoing Resolution is hereby approved this day of 1986. Mayor of the City of San Bernardino Approved as to form: City Attorney -2- "",-.'. '.1 ",,' "., .':," ~. , /~ . . , \ . ..... . . RE SOL UTION NO. 86-264 A RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF SEVENTEENTH STREET, EAST OF CONEJO DRIVE, AND RESERVING AN EASEMENT FOR INGRESS AND EGRESS TO THE COUNTY OF SAN BERNARDINO TO SERVE THE flOOD CONTROL CHANNEL AND BRIDGE TO THE EAST, AND FOR THE CITY OF SAN BERNARDINO EMERGENCY VEHICLES, UTILITY COMPANY VEHICLES, AND ABUTTING PROPERTY OWNERS THEREOF. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the Mayor and Common Council of the City of San Bernardino hereby declares its intention to order the vacation of Seventeenth Street, East of Conejo Drive, in said City, which said portion is more particularly described as follows: The South 15.00 feet of Lot 10, Tract 2316 as per plat thereof recorded in Book 33 of Maps, page 31, records of the Co~ntY5ReCorder of San Bernardino County. SECTION 2; That the Mayor and Common Council of the City of San Bernardino, in vacating the above described portion of said street, elects to proceed under and in accordance with the provisions of the "Public Streets, Highways and Services Vacation Law", being Division 9, Part 3, of the Streets and Highways Code of the State of California. SECTION 3. That the hour of 9:00 A.M. on the 4th day of AU9ust, 1986, in the Council Chambers, City Hall, San Bernardino, California, be, and the same hereby is fixed as the time and place when and where all persons interested in or objecting to the proposed vacation may appear before the said Mayor and Common Council and offer evidence in relation thereto. For further particulars as to the proposed vacation /' 1 (/3) - ",. l' ". ".'; ..., " '. ~ .:: ,~ ~ ~. ~: ~ ~ ~\~"'~' ~ 4 ~ ~ SECTION 4. Nothing in this Resolution shall in any lt~~5 -way affect or disturb any existing easements for sanitary sewer ~ ~"'<\ ~ 6 and appurtenant facilities and for public utility purposes }-~ (,::, ~ 7 belonging either to the City of San Bernardino or to any ~ t"., ~ 8 public util ity, and there is hereby reserved for future general ~ '~ ~ ~ <Iz'. -~ 90 public utility purposes and an easement for ingress and egress . ~ to the County of San Bernardino to serve the flood control ~l'?';l"'(.~Mi' ,1'-1' c:N ~u,' . of the hereinbefore described street, reference is made to that certain map marked "Plan No. 7024" approved JUly" 7, 1986, on file in the office of the City Clerk of said City. 11 channel and bridge to the East, and for the City of San 12 Bernardi no emergency vehi cl es, uti 1 i ty company vehicles and 13 abutting property owners thereof. 14 SECTION 5. That the City"Engineer of the City of San 15 Bernardino hereby is directed to cause Notices of Street 16 Vacation to be posted as required by the .Public Streets, 17 Highways and Services Vacation Law". 18 SECTION 6. That the City Clerk shall certify to the 19 adoption of this Resolution of Intention and shall cause the 20 same to be published once a week for two successive weeks in 21 The Sun, a newspaper published and circulated in the City of 22 San Bernardino, prior to the date of the above public hearing. 23 I HEREBY CERTIFY that the foregoing resolution was duly 24 adopted by the Mayor and Common Council of the City of San Julv meeting thereof held on the 1986, by the following vote, 25 Bernardino at a 26 7th day of 27 to-wit: :""9'SJ11' ~:"" , 28 2 >'. . '.J.;, , .' 1 2 3 4 5 6 7 8 9 ]0 ]] 12 ]3 14 15 ]6 ]7 ]8 ]9 20 2] 22 23 24 25 26 27 28 AYES: NAYS: ABSENT: . . . Council Members RAillv Hernandez Marks. 011;~1. ~rT"';t""k'AT'" &:,1A4/eO/ C ty Attorney Approved as to form: NnnA rnnn~;' Mpmh~r~ 'R~~rRnRr FrA7.;Ar /.#ffi;~~~; I. The foregoing resolution is hereby approved this Jul . 198.6._; }o?i..- day of 3 ~ , t . . . .i:_~' August 2, 1986 , Paul L. Coulombe Tina M. Gonzales 1356 E. 17th St. San Bdno, CA 92404 Mayor Evelyn Wilcox & City Council Members 300 N. D St. San Bdno., CA 92402 To the Mayor and members of the Common Council: As concerned property owners, we are opposed to Resolution of Intention No. 86-264. We believe it would be inappropriate to vacate the portion of 17th Street, East of Conejo Drive. Vacation of the public right-of-way is being sought by El Dorado Bank because it would easily negate the problem they are experiencing with a project si te there. A callous error was made during construction of the apartments located at 1721 N. Conejo Drive which resulted in the encroachment of one building into the setback from the street right-of-way. The error was compounded by the city which failed to act when the situation was pointed out in the preliminary stages of construction. It does not seem logical to vacate a public right-of-way be.:ause a contra.:tor failed to adhere to the codes and regulations set forth by the city. We believe it is wiser t.::- demand that the building be brought into c,::-mpliance through whatever means are necessary by El Dorado Bank. There is no question that compliance will be costly. If El Dorado were truly interested in the betterment of the community as they insist they are, this cost would be borne gladly. Left in its present location, the apartment building will cause the value of all nearby properties to decrease. This will be especially true if Resolution No. 86-264 is adopted. If cost is a major factor in the decision of whether or not this resolution should be adopted, perhaps the city should offer to give El Dorado partial compensation. This is not an unreasonable suggestion since it is evident the city is responsible, to some extent, for the situation which now exists. If 17th Street is vacated, only one public means of access will be available to residents living on Fairfax Driv... This ar..a has always had dual acces to Conejo Drive. Conejo Drive, incidentally, provides the only ingress and egress to the entire community. As a private road, only the owners of abutting property will have legal permission to use 17th Street. All other residents will have to use Cross Street. ~ "",---- :-'" .. '. . . . El Dorado Bank, by making such outrageous the Mayor and Council, oversteps the boundaries and morality. If they were truly concerned welfare of the community they serve, they hesitate to bring a project they financed into with the building codes. requests of of decency about the would not compliance Cordially, ~/~ Paul L. Coulombe ~7* 5",-.>"e'~ Tina M. Gonzales ADDITIONAL SIGNATURES NAME - ADDRESS - DATE , JJ;ii;.~l!X~~~~=~71i"i~~~-;~="ii~~&~~-i7j~ \, "^. .lI.. . - A 1')__ -~o. :, I. -----7t-~ ~~~---~9:~~---~T~---...-,:)84> ~~~___=.Itf2.~?~___=~~___~_31-1ff6 J,.~~J:L_~p~___=Jkli5..N--'_~-f__=.sa_~~T15~~ ;,,",>'!\\'~'"" ~'t'^"'''''~~~-~~.' ","" ,;>"..., . ... . . . . A request has been made of Mayor Bernardino Common Council to allow Street, East of Conejo Drive. We Intention No. 86-264 should not following reasons: Willcox and the San the vacation of 17th believe Resolution of be adopted for the I- I 1. Structures not in conformance will all existing codes and regulations at the time of construction reduce rather than increase adjacent property valu~s. 2. Vacation of the described portion of 17th Street in preference to making the responsible parties comply with such codes. is not in the best interests of the commut1i ty. 3. If adopted, Resolution of Intentic'n No. 86--264 would indicate a willingness on the part of the Mayor and Council Members to offer concessioflS to iflf]u~I'- tial parties. 4. 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