AGENDA SUMMARY EUREKA CITY COUNCIL AGENDA DATE: MAY ...
AGENDA DATE: MAY 3, 2016 ITEM NO.
AGENDA SUMMARY EUREKA CITY COUNCIL
TITLE:
Pardoe Street Vacation
DEPARTMENT:
Development Services, Community Development Division
PREPARED BY:
Kristen M. Goetz, Senior Planner
PRESENTED FOR:
☒Action
☐Information only
☐Discussion
RECOMMENDATION 1. 2.
Hold a Public Hearing; Order the Street Vacation by adopting the attached “RESOLUTION OF THE COUNCIL OF THE CITY OF EUREKA ORDERING THE VACATION OF A PORTION OF “Q” STREET ALONG THE WEST SIDE OF 1603 HAYES STREET WITH CONDITIONS (APN 012-171-017) (Pardoe, Case No. SV-15-0001)”
FISCAL IMPACT ☒No Fiscal Impact
☐Included in Budget
☐Additional Appropriation
COUNCIL GOALS/STRATEGIC VISION Goals 2020: More Livable Eureka Community: Safe, Clean, Beautiful and Enjoyable/Livable and Sustainable Community DISCUSSION On April 5, 2016, the City Council declared its intention of vacation a portion of Q Street by adopting Resolution 2016-19, a “RESOLUTION OF THE COUNCIL OF THE CITY OF EUREKA DECLARING ITS INTENTION TO ORDER THE VACATION OF A PORTION OF “Q” STREET ALONG THE WEST SIDE OF 1603 HAYES STREET (APN 012-171-017) WITH CONDITIONS (Pardoe, Case No. SV-15-0001)” Resolution 2016-19 directed the City Clerk to give notice of this public hearing, and directed the Public Works Department to post the portion of Q Street to be vacated. Both of these tasks have been complete in accordance with the adopted Resolution and local and state law.
This public hearing before the City Council is to hear all persons interested in or objecting to the proposed vacation, and to order the street vacation by adopting a “RESOLUTION OF THE COUNCIL OF THE CITY OF EUREKA ORDERING THE VACATION OF A
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AGENDA DATE: MAY 3, 2016
ITEM NO.
PORTION OF “Q” STREET ALONG THE WEST SIDE OF 1603 HAYES STREET (APN 012-171-017) WITH CONDITIONS (Pardoe, Case No. SV-15-0001)”
REVIEWED AND APPROVED BY:
☒City Attorney ☐City Clerk/Information Services ☐Development Services ☐Finance ☐Fire ☐Parks and Recreation ☐Personnel ☐Police ☒Public Works
ATTACHMENTS: Exhibit A Resolution 2016-19 ................................................................. pages 4-5 Exhibit B Resolution ordering vacation ................................................ pages 6-9
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AGENDA DATE: MAY 3, 2016
ITEM NO.
Exhibit A FINDINGS OF FACT The decision of the City Council to approve the subject application was made after careful, reasoned and equitable consideration of the evidence in the record, including, but not be limited to: written and oral testimony submitted at the public hearing; the staff report; site investigation(s); agency comments; project file; and, the evidence submitted with the permit application. The findings of fact listed below “bridge the analytical gap” between the raw evidence in the record and the City Council’s decision. 1. The street vacation is a project subject to the California Environmental Quality
Act and qualifies for a Class 1 exemption from the preparation of environmental documents. This Class exempts minor alteration of existing facilities. Although relocation of a storm drain and extension of the sidewalk across the vacated portion of the street will be required, the street is not developed and the proposed vacation will not alter traffic flows. 2.
The portion of “Q” Street to be vacated is not developed as a street, and other than the storm drain inlet and pipe, there are no public utilities present or proposed within the area to be vacated.
3. The adopted General Plan is silent with regard to the necessity, location, purpose
and extent of the right-of-way proposed for vacation and there are no goals or policies that call for the retention of the public right-of-way involved herein. Therefore, the requested vacation is consistent with, and does not conflict with the adopted General Plan. 4. There are goals and policies in the General Plan that support the extension of the
sidewalk along the vacated portion of the right-of-way, and support trails in residential areas. 5. The City’s adopted 5-year Capital Improvement Program (CIP) includes a
Citywide trail system, that could utilize the 40 feet of right-of-way that would remain following vacation of a portion of the subject right-of-way. 6. The Planning Commission, at a duly noticed public hearing on March 14, 2016, took action to recommend to the City Council that the requested street vacation be approved with the condition that the storm drain inlet and pipe be relocated and that curb and sidewalk be extended along the frontage of the property.
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For recording purposes, this instrument is for the benefit of the City of Eureka and is exempt from Recording Fees pursuant to CGC 27383 AFTER RECORDING RETURN TO: City of Eureka City Clerk 531 "K" Street, Third Floor Eureka, CA 95501
RESOLUTION NO. 2016-____ RESOLUTION OF THE COUNCIL OF THE CITY OF EUREKA ORDERING THE VACATION OF A PORTION OF “Q” STREET ALONG THE WEST SIDE OF 1603 HAYES STREET (APN 012-171-017) WITH CONDITIONS (Pardoe, Case No. SV-15-0001)
WHEREAS, the Council of the City of Eureka on April 5, 2016, duly passed and adopted the Resolution of Intention No. 2016-19 wherein the Council declared its intention to order the vacation of an approximately 20-foot wide by 100-foot long strip of right-of-way adjacent to and west of the west line of 1603 Hayes Street, APN 012-171-017, in the City of Eureka, County of Humboldt, State of California, more particularly described on the attached Exhibit "A"; WHEREAS, the City Clerk did transmit to the City Public Works Department a certified copy of said Resolution No. 2016-19 and said City Public Works Department did upon receipt of said resolution cause to be posted in the manner required by law, notice of the passage of said resolution; and WHEREAS, the City Clerk did cause notice of the hearing of said proposed abandonment as required by the Streets and Highways Code Section 8300 et seq., as amended; and WHEREAS, notice of hearing on said Resolution of Intention No. 2016-19 has been duly and regularly given as required by law; and WHEREAS, a public hearing was held before the Council of the City of Eureka on May 3, 2016, at 6:00 p.m. in the Council Chamber, City Hall, 531 "K" Street, Eureka, California, in accordance with the date, time and place fixed therefore in said Resolution of Intention; and WHEREAS, from all evidence submitted, the Council of the City of Eureka finds that said right-of-way, herein described, is unnecessary for present or prospective use. NOW THEREFORE, BE IT RESOLVED by the Council of the City of Eureka, as follows:
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Resolution 2016-___ Ordering Vacation of a Portion of “Q” Street (Pardoe; SV-15-0001)
Section 1. That said vacation, herein described, be and the same is hereby vacated with the condition that the storm drain inlet and pipe be relocated and that curb and sidewalk be extended along the frontage of the property to the satisfaction of the Public Works Department. Section 2. That the City Clerk is directed to record a copy of this resolution. PASSED, APPROVED AND ADOPTED by the City Council of the City of Eureka, County of Humboldt, State of California, on the 3rd day of May 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN:
COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS:
__________________________________ Frank J. Jäger, Mayor of the City of Eureka
Attest:
_________________________________ Pamela J. Powell, City Clerk
Approved as to Administration:
Approved as to form:
Greg L. Sparks, City Manager
_________________________________ Cyndy Day-Wilson, City Attorney
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Resolution 2016-___ Ordering Vacation of a Portion of “Q” Street (Pardoe; SV-15-0001)
EXHIBIT “A” Legal Description All that certain real property situate in the City of Eureka, County of Humboldt, State of California, bounded and described as follows: That portion of the Southwest Quarter of Section 26, Township 5 North, Range 1 West, Humboldt Meridian, in the County of Humboldt, State of California described as follows: BEGINNING at the Southwest corner of Lot 4 in Block 11 of the Amended Plat of the Gill Addition to the City of Eureka on file in the Office of the County Recorder of Humboldt County in Book 5 of Maps, Page 70: thence North 00 degrees 00 minutes 35 seconds East, along the East line of Q Street, 100.00 feet; thence North 89 degrees 59 minutes 28 seconds West, 20.00 feet; thence South 00 degrees 00 minutes 35 seconds West, 100.00 feet, more or less, to the extension of the North line of Hayes Street; thence South 89 degrees 59 minutes 28 seconds East, along said North line, 20.00 feet to the point of beginning.
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Resolution 2016-___ Ordering Vacation of a Portion of “Q” Street (Pardoe; SV-15-0001)
EXHIBIT “B” Location Map
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AGENDA SUMMARY EUREKA CITY COUNCIL
TITLE:
Pardoe Street Vacation
DEPARTMENT:
Development Services, Community Development Division
PREPARED BY:
Kristen M. Goetz, Senior Planner
PRESENTED FOR:
☒Action
☐Information only
☐Discussion
RECOMMENDATION 1. 2.
Hold a Public Hearing; Order the Street Vacation by adopting the attached “RESOLUTION OF THE COUNCIL OF THE CITY OF EUREKA ORDERING THE VACATION OF A PORTION OF “Q” STREET ALONG THE WEST SIDE OF 1603 HAYES STREET WITH CONDITIONS (APN 012-171-017) (Pardoe, Case No. SV-15-0001)”
FISCAL IMPACT ☒No Fiscal Impact
☐Included in Budget
☐Additional Appropriation
COUNCIL GOALS/STRATEGIC VISION Goals 2020: More Livable Eureka Community: Safe, Clean, Beautiful and Enjoyable/Livable and Sustainable Community DISCUSSION On April 5, 2016, the City Council declared its intention of vacation a portion of Q Street by adopting Resolution 2016-19, a “RESOLUTION OF THE COUNCIL OF THE CITY OF EUREKA DECLARING ITS INTENTION TO ORDER THE VACATION OF A PORTION OF “Q” STREET ALONG THE WEST SIDE OF 1603 HAYES STREET (APN 012-171-017) WITH CONDITIONS (Pardoe, Case No. SV-15-0001)” Resolution 2016-19 directed the City Clerk to give notice of this public hearing, and directed the Public Works Department to post the portion of Q Street to be vacated. Both of these tasks have been complete in accordance with the adopted Resolution and local and state law.
This public hearing before the City Council is to hear all persons interested in or objecting to the proposed vacation, and to order the street vacation by adopting a “RESOLUTION OF THE COUNCIL OF THE CITY OF EUREKA ORDERING THE VACATION OF A
1
AGENDA DATE: MAY 3, 2016
ITEM NO.
PORTION OF “Q” STREET ALONG THE WEST SIDE OF 1603 HAYES STREET (APN 012-171-017) WITH CONDITIONS (Pardoe, Case No. SV-15-0001)”
REVIEWED AND APPROVED BY:
☒City Attorney ☐City Clerk/Information Services ☐Development Services ☐Finance ☐Fire ☐Parks and Recreation ☐Personnel ☐Police ☒Public Works
ATTACHMENTS: Exhibit A Resolution 2016-19 ................................................................. pages 4-5 Exhibit B Resolution ordering vacation ................................................ pages 6-9
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AGENDA DATE: MAY 3, 2016
ITEM NO.
Exhibit A FINDINGS OF FACT The decision of the City Council to approve the subject application was made after careful, reasoned and equitable consideration of the evidence in the record, including, but not be limited to: written and oral testimony submitted at the public hearing; the staff report; site investigation(s); agency comments; project file; and, the evidence submitted with the permit application. The findings of fact listed below “bridge the analytical gap” between the raw evidence in the record and the City Council’s decision. 1. The street vacation is a project subject to the California Environmental Quality
Act and qualifies for a Class 1 exemption from the preparation of environmental documents. This Class exempts minor alteration of existing facilities. Although relocation of a storm drain and extension of the sidewalk across the vacated portion of the street will be required, the street is not developed and the proposed vacation will not alter traffic flows. 2.
The portion of “Q” Street to be vacated is not developed as a street, and other than the storm drain inlet and pipe, there are no public utilities present or proposed within the area to be vacated.
3. The adopted General Plan is silent with regard to the necessity, location, purpose
and extent of the right-of-way proposed for vacation and there are no goals or policies that call for the retention of the public right-of-way involved herein. Therefore, the requested vacation is consistent with, and does not conflict with the adopted General Plan. 4. There are goals and policies in the General Plan that support the extension of the
sidewalk along the vacated portion of the right-of-way, and support trails in residential areas. 5. The City’s adopted 5-year Capital Improvement Program (CIP) includes a
Citywide trail system, that could utilize the 40 feet of right-of-way that would remain following vacation of a portion of the subject right-of-way. 6. The Planning Commission, at a duly noticed public hearing on March 14, 2016, took action to recommend to the City Council that the requested street vacation be approved with the condition that the storm drain inlet and pipe be relocated and that curb and sidewalk be extended along the frontage of the property.
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For recording purposes, this instrument is for the benefit of the City of Eureka and is exempt from Recording Fees pursuant to CGC 27383 AFTER RECORDING RETURN TO: City of Eureka City Clerk 531 "K" Street, Third Floor Eureka, CA 95501
RESOLUTION NO. 2016-____ RESOLUTION OF THE COUNCIL OF THE CITY OF EUREKA ORDERING THE VACATION OF A PORTION OF “Q” STREET ALONG THE WEST SIDE OF 1603 HAYES STREET (APN 012-171-017) WITH CONDITIONS (Pardoe, Case No. SV-15-0001)
WHEREAS, the Council of the City of Eureka on April 5, 2016, duly passed and adopted the Resolution of Intention No. 2016-19 wherein the Council declared its intention to order the vacation of an approximately 20-foot wide by 100-foot long strip of right-of-way adjacent to and west of the west line of 1603 Hayes Street, APN 012-171-017, in the City of Eureka, County of Humboldt, State of California, more particularly described on the attached Exhibit "A"; WHEREAS, the City Clerk did transmit to the City Public Works Department a certified copy of said Resolution No. 2016-19 and said City Public Works Department did upon receipt of said resolution cause to be posted in the manner required by law, notice of the passage of said resolution; and WHEREAS, the City Clerk did cause notice of the hearing of said proposed abandonment as required by the Streets and Highways Code Section 8300 et seq., as amended; and WHEREAS, notice of hearing on said Resolution of Intention No. 2016-19 has been duly and regularly given as required by law; and WHEREAS, a public hearing was held before the Council of the City of Eureka on May 3, 2016, at 6:00 p.m. in the Council Chamber, City Hall, 531 "K" Street, Eureka, California, in accordance with the date, time and place fixed therefore in said Resolution of Intention; and WHEREAS, from all evidence submitted, the Council of the City of Eureka finds that said right-of-way, herein described, is unnecessary for present or prospective use. NOW THEREFORE, BE IT RESOLVED by the Council of the City of Eureka, as follows:
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Resolution 2016-___ Ordering Vacation of a Portion of “Q” Street (Pardoe; SV-15-0001)
Section 1. That said vacation, herein described, be and the same is hereby vacated with the condition that the storm drain inlet and pipe be relocated and that curb and sidewalk be extended along the frontage of the property to the satisfaction of the Public Works Department. Section 2. That the City Clerk is directed to record a copy of this resolution. PASSED, APPROVED AND ADOPTED by the City Council of the City of Eureka, County of Humboldt, State of California, on the 3rd day of May 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN:
COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS:
__________________________________ Frank J. Jäger, Mayor of the City of Eureka
Attest:
_________________________________ Pamela J. Powell, City Clerk
Approved as to Administration:
Approved as to form:
Greg L. Sparks, City Manager
_________________________________ Cyndy Day-Wilson, City Attorney
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Resolution 2016-___ Ordering Vacation of a Portion of “Q” Street (Pardoe; SV-15-0001)
EXHIBIT “A” Legal Description All that certain real property situate in the City of Eureka, County of Humboldt, State of California, bounded and described as follows: That portion of the Southwest Quarter of Section 26, Township 5 North, Range 1 West, Humboldt Meridian, in the County of Humboldt, State of California described as follows: BEGINNING at the Southwest corner of Lot 4 in Block 11 of the Amended Plat of the Gill Addition to the City of Eureka on file in the Office of the County Recorder of Humboldt County in Book 5 of Maps, Page 70: thence North 00 degrees 00 minutes 35 seconds East, along the East line of Q Street, 100.00 feet; thence North 89 degrees 59 minutes 28 seconds West, 20.00 feet; thence South 00 degrees 00 minutes 35 seconds West, 100.00 feet, more or less, to the extension of the North line of Hayes Street; thence South 89 degrees 59 minutes 28 seconds East, along said North line, 20.00 feet to the point of beginning.
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Resolution 2016-___ Ordering Vacation of a Portion of “Q” Street (Pardoe; SV-15-0001)
EXHIBIT “B” Location Map
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