City of San Bernardino
California

Resolution
1963

6.B Resolution of the Mayor and Common Council of the City of San Bernardino Ordering the Vacation of a Portion of the Southwesterly Side of Kendall Drive, Northerly of Pine Avenue and Reserving Public Utility Easements Therein.

Information

Department:Public WorksSponsors:
Category:Street VacationFunctions:PW - Attorney Review - Engineering, Facilities, PW - Engineering, PW - Real Property

Financial Impact

There is no financial impact associated with this action. The petitioner has paid the total amount of $2,000 for the completion of the vacation proceedings.

Body

Synopsis of Previous Council Action:

3/02/2009 - Authorization was given to proceed with the proposed vacation of a portion of the southerly side of Kendall Drive, northerly of Pine Avenue; Plan No. 12595, showing the proposed vacation was approved.

 

7/02/2012 - Resolution No. 2012-194 was adopted, declaring the intention to vacate a portion of the southerly side of Kendall Drive, northerly of Pine Avenue, and setting a public hearing for August 20, 2012.

 

Background:

On September 15, 2008, an application was received from Rene Jacober (owner of Kendall Plaza, LLC), requesting the vacation of a portion of the southwesterly side of Kendall Drive, northerly of Pine Avenue, which crosses over the San Bernardino County Flood Control Channel. The State acquired this portion of Kendall Drive from Muscoy Water Company as a highway easement in 1943, and then subsequently relinquished that easement to the City in 1992. The City does not own any portion of the area that was relinquished in fee. Kendall Plaza, LLC owns a parcel (APN: 0266-031-14) directly abutting this portion of Kendall Drive and is planning to construct a multi-tenant retail shopping center on their property, which expands over a total of two parcels.  The project has been referred to as Kendall Plaza.

 

Currently, this portion of Kendall Drive is 75 feet wide on the southerly side and 50 feet on the northerly side of the centerline. Most of Kendall Drive currently has a half width of 50 feet on both the northerly and southerly sides of the centerline, which is consistent with the rest of the width along Kendall Drive. Staff is proposing to vacate 25 feet along this portion of the southerly side, to be consistent with the General Plan Circulation Element. As part of the conditions for this development, the owner will be required to dedicate additional right-of-way adjacent to this project along Kendall Drive northwesterly of the area proposed to be vacated.  This will result in a consistent 50-foot half width along the entire frontage of the proposed development.

 

On March 2, 2009, authorization to proceed with the proposed vacation was given and Plan No. 12595 was approved. City departments, utility companies and other government entities were notified of the proposal and were given the opportunity to submit easement reservations and any comments or conflicts. Vacation proceedings were put on hold due to issues with the development unrelated to the proposed vacation. The issues with the development have been resolved, and the owner has indicated a desire to proceed with the proposed vacation.

 

Since the previous notices to City departments, utility companies and other government entities were sent out over a year ago, new notices were sent out in April of 2012 to ensure that no changes have occurred since the prior notification, to reserve any easements, or indicate any conflicts or concerns. Several responses were received and all were favorable to the vacation. There were requests to reserve a utility easement from the Public Works Department (City) for sewer, which will need to be reserved as required by law.

 

Staff has informed the owner that the City does not determine the underlying ownership of the area proposed to be vacated nor does it guarantee title to any property involved and they should consult a title company to determine the owner of the area to be vacated.

 

On July 2, 2012, Resolution No. 2012-194 was adopted declaring the City’s intention to order the vacation of a portion of the southerly side of Kendall Drive, northerly of Pine Avenue, and set a public hearing for August 20, 2012.  The Resolution was published in the Sun newspaper, and that portion of the street proposed to be vacated was posted.  The applicants requesting the street vacation and all affected property owners in the area were notified of the public hearing.

 

There appears to be no further necessity for the area proposed for vacation for public street purposes, and staff recommends the vacation based on the following facts:

 

.                       The Public Works Director has determined that the proposed vacation is of no further necessity to the general public, except for easements to be reserved as stated herein.

 

.                       It does not conflict with the General Plan.

 

.                       There have been no objections by any adjoining property owners. 

 

.                       All of the City departments and public utility companies were notified of the proposal.  Responses were received and no conflicts were noted.

 

.                       There were requests to reserve easements from the City of San Bernardino (sewer).  The easement will be reserved as required by law.

Meeting History

Aug 20, 2012 12:00 PM Video Mayor and Common Council Joint Regular Meeting
draft Draft

City Attorney Penman stated he was conflicting off on this item because a friend of his, who has contributed to his campaign, owns the property; and that Special Counsel Tom Clark had reviewed and signed the resolution. He left the Council Chambers and returned after the vote was taken.

Mayor Morris opened the hearing.

No public comments were received.

Jim Smith, ________________, Listen to Tape

Council Member Kelley asked whether staff had resolved the issue of _________

RESULT:ADOPTED [UNANIMOUS]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Chas A. Kelley, Council Member, Ward 5
AYES:Virginia Marquez, Robert D. Jenkins, John Valdivia, Fred Shorett, Chas A. Kelley, Rikke Johnson, Wendy J. McCammack