HomeMy WebLinkAbout13-Public Works
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CITY OF SAN BERNARDINO
-File No. 15.30-239 A/~
- REQUEST FOR COUNCIl!" AcflON
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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
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crfY OF 5AN \?E:F:'NAf?OI NO
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f'u6LlC. WORI<<O t>E~^Rj'M(;;N'"
Et-J<.'jINEl:r-;INlrJ PNI"510N
ReAL 1"1Za1"'l:RTY 'Oe:C1io~
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(lIRE:;GTOr.:OF l'\JeUc. WORI<S!CI
E:N~INEeF':.
ARrrA VACA TE'D 'S \.\O\NN 11~U \3 / / / / / / / / /
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FILlS t-JO.I'5.~o-23.~ \='l.AN NO. ?CZ. 4-
. 'OlREE.'-VACA-r\ON
. 'l7 '7J:I S-/-ree.f
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E/;'YT or It'I\i'&/t1 f)/fIVE
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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
.
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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
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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
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~ ~ 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
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~ <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.
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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".
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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:
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AYES:
NAYS:
ABSENT:
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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
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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.
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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~
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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
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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. We do not feel it would be
residents of the community pay
was committed due to negligence
city.
fair
for an
on the
tel make th€-
E-rror which
part ,jf the
NAME ADDRESS DATE
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