HomeMy WebLinkAboutItem No. 16 - Declaring Intent to Conduct a Public Hearing to Order Vacation of Portions of Artesia Street
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Consent Calendar
City of San Bernardino
Request for Council Action
Date: April 15, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
By:Kris Jensen, Director of Public Works
Subject: Declaring Intent to Conduct a Public Hearing to Order
Vacation of Portions of Artesia Street
Recommendation
Adopt Resolution No. 2020-65 of the Mayor and City Council of the City of San
Bernardino, California, declaring its intention to conduct a Public Hearing to order th e
vacation of portions of Artesia Street located south of Rialto Avenue and the
reservations of utilities therein.
Background
Streets and Highways Code (SHC), Section 8312, Division 9, Part 3, gives a city
legislative body the power to vacate all or part of a street and sets forth the procedures
by which the power to vacate may be executed. The requested street vacation would
be conducted under the General Vacation Procedures outlined in SHC sections 8320
through 8325. First, a legislative body may initiate proceedings either on its own
initiative or upon a petition or request of an interested person or persons. The initiation
of proceedings starts with fixing the date, hour, and place of the hearing, followed by
publishing and posting of notices prior to the hearing. After the hearing, if the legislative
body finds that the street described in the notice of hearing or petition is unnecessary
for present or prospective public use, the legislative body may adopt a resolution
vacating the street. The street vacation is then recorded with the County Recorder’s
office.
A petition to vacate a portion of Artesia Street was received on October 30, 2019, from
Buddy N. Long / Long Family Trust. The portion of Artesia Street included in the
request lies south of Rialto Avenue (formerly First Street) and northerly of that portion of
Artesia Street. The petition and exhibits submitted with the petition are attached,
hereto. The stated reason for the petition to vacate this portion of the street is that, in
1963, the City vacated approximately 500 lineal feet of S. Artesia Street, at the request
of the San Bernardino County Flood Control District. Recently, it was discovered that
an additional 518 lineal feet of S. Artesia Street remained to be vacated. The applic ant
is now requesting the street vacation of the remaining portion of S. Artesia Street.
On January 15, 2020, the Mayor and City Council authorized staff to proceed with an
investigation and analysis to vacate portions of Artesia Street.
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On January 22, 2020, notices were sent out to City Departments, San Bernardino
County Fire, utility providers, including the Water Department, and residents within 500’
informing them of the proposed street vacations. None of the utility companies have
showed interest on an easement of the proposed vacated street
On March 10, 2020, the Planning Commission adopted Resolution No. 2020 -16
forwarding a recommendation of approval to the Mayor and City Council for Real
Property Street Vacation 15.30-432, and finding that the project is Categorically Exempt
under the California Environmental Quality Act.
Discussion
If the Resolution of Intention is adopted, it will set the date, time, and place for a public
hearing on May 20, 2020, at 7:00 pm at 555 West 6 th Street, San Bernardino, California
in the Council Chamber. At which time, interested parties may present evidence to the
Mayor and City Council. The Resolution of Intention also will direct staff to publish
notices of the public hearing in the newspaper as well as positing notices along the
proposed street vacation as required by the SHC sections 8322 and 8323.
After the public hearing staff will present for the Mayor and City Council’s consideration
a Resolution Ordering the Vacation of portions of Artesia Street, with reservation of
utility easements therein, which will adopt a Categorical Exemption for the street
vacation, and make a final order of vacation of portions of Artesia Street as described in
the Real Property Street Vacation 15.30-432.
The street vacation proceedings are not completed until the Resolution making the final
order vacating portions of Artesia Street has been recorded with the San Bernardino
County Recorder’s office pursuant to SHC section 8325. Pursuant to SHC section
8324, the resolution of vacation may provide that the vacation occurs only after
conditions required by the legislative body have been satisfied and may instruct the
clerk that the resolution of vacation not be recorded until the conditions have been
satisfied.
Future actions by the City will consist of:
• Publication of Notices of Vacation pursuant to SHC Sections 8322 & 8323
• Public Hearing and Resolution of Vacation pursuant to SHC Section 8324
• Recordation of the Resolution of Vacation pursuant to SHC Section 8325
2020-2025 Strategic Key Targets and Goals
This project is consistent with Key Target No. 2a: Develop and implement a community
engagement plan. Public Hearings conducted in response to requests for street
vacations provide an opportunity for surrounding property owners and members of the
public to engage with the Mayor and City Council, provide input through public
comments, and share in the discussion regarding vacating the public right of way.
Fiscal Impact
No General Fund impact. Costs incurred with this act ion will be offset by the non-
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refundable petitioner paid processing fee of $2,000, which has been paid in full.
Conclusion
It is recommended that the Mayor and City Council adopt Resolution No.2020 -65
declaring its intention to conduct a Public Hearing to consider the vacation of portion of
Artesia Street, the proposed street vacation is granted Real Property Street Vacation
15.30-432.
If the Resolution of Intention is not adopted then the petition to vacate the street will be
terminated, and no further action will be taken.
Attachments
Attachment 1 - Resolution 2020-65: Exhibit “A”&”B” - Legal and Plats
Attachment 2 - Petition
Attachment 3 - Resolution No.2020-016PC
Ward: 3
Synopsis of Previous Council Actions:
On January 15, 2020, the Mayor and City Council authorized staff to proceed with an
investigation and analysis to vacate portions of Artesia Street.
Resolution No. 2020-65
RESOLUTION NO. 2020-65
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
DECLARING ITS INTENTION TO CONDUCT A PUBLIC
HEARING TO ORDER THE VACATION OF PORTIONS OF
ARTESIA STREET LOCATED SOUTH OF RIALTO
AVENUE AND THE RESERVATION OF UTILITIES
THEREIN
WHEREAS, on October 30, 2019, a petition to vacate portion of Artesia Street was
received from Buddy N. Long/ Long Family Trust; and
WHEREAS, on January 9, 2017, the Mayor and City Council authorized staff to proceed
with an investigation and analysis to vacate portions of Artesia Street; and
WHEREAS, on January 10, 2017, notices were sent out to utility providers, including
the Water Department, informing them of the proposed street vacations; and
WHEREAS, on January 15, 2020, the Mayor and City Council authorized staff to
proceed with an investigation and analysis to vacate portions of Artesia Street south of Rialto
Avenue; and
WHEREAS, on January 22, 2020, notices were sent out to City Departments, San
Bernardino County Fire, utility providers, including the Water Department, and residents within
500’ informing them of the proposed street vacations; and
WHEREAS, on March 10, 2020, the Planning Commission adopted Resolution No.2020-016
forwarding a recommendation of approval to the Mayor and City Council for the Portion of
Artesia Street Vacation, and finding that the project is Categorically Exempt under California
Environmental Act.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor and City Council of San Bernardino, California hereby declare
its intention to order the vacation of portions of Artesia Street and the reservation of utilities
therein as described on each of the legal descriptions attached hereto and incorporated as Exhibit
“A” and depicted on each of the maps attached hereto and incorporated herein as Exhibit “B”.
SECTION 2. The Mayor and City Council of San Bernardino, California, in vacating
the above-described portions of said streets, elects to proceed in accordance with the provisions
of the “Public Streets, Highways and Service Easements Vacation Law”, being Division 9, Part
3, of the Streets and Highways Code of the State of California.
SECTION 3. The hour of 7:00 p.m., on Wednesday, May 20, 2020, at 555 West 6th
Street, San Bernardino, California, is fixed as the time and place when and where all persons
Resolution No. 2020-65
interested in or objecting to the propose vacation areas may appear before the Mayor and City
Council of San Bernardino, California and offer evidence in relation hereto.
SECTION 4 The Deputy Director of Public Works/City Engineer of the City of San
Bernardino is hereby directed to cause Notices of Street Vacation to be posted as required by
said “Public Streets, Highways and Service Easements Vacation Law.”
SECTION 5 The City Clerk shall certify the adoption of this Resolution of Intention and
shall cause the same to be published once per week for two successive weeks in The Sun, a
newspaper published and circulated in the City of San Bernardino, prior to the above date set
forth for the public hearing.
SECTION 6. The City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 7. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 8. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the Acting City Clerk this ___ day of __________ 2020.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, Acting City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Resolution No. 2020-65
CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true
copy of Resolution No. 2020-___, adopted at a regular meeting held on the ___ day of _______
2020 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2020.
Genoveva Rocha, CMC, Acting City Clerk