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HomeMy WebLinkAbout1991-03-13 - AGENDA REPORTS - ALLEY VACATION SOLEDAD CYN RD (2)PUBLIC HEARING DATE: SUBJECT: DEPARTMENT: BACKGROUND AGENDA REPORT City Manager Approval Item to be presented by: John E. Medina March 13, 1991 ALLEY NORTH OF SOLEDAD CANYON ROAD AT RUETHER AVENUE, PROPOSED VACATION Resolution No/791-44 Public At the hearing of September 8, 1988, the City Council denied .the proposed alley vacation and directed staff to check with the Public Works Department for further input and to open up the alley to thru traffic. Following our discussions with the property owners, staff presented additional information to the Council on January 8, 1990 and the matter was once again referred to staff for more input on the legal implications of the City's previous decision and for possible options. Staff has now made numerous contacts with the City Attorney and with some of the parties involved.to try to find possible alternatives. Also, staff has met at the site with a sub -committee of the Council to present these alternatives and additional information. Because there are other options to opening the entire alleyway to thru traffic, the fact that the owners did not appear at the original hearing, and the desire by the. sub -committee to have the entire Council consider this matter, the sub -committee recommended that staff prepare the necessary resolutions for the setting of a new hearing date. The City Council, in its meeting of January 29, 1991 approved Resolution 91.22 declaring the intention of the City Council to vacate the Alley North of Soledad Canyon Road at Ruether Avenue and established March 13, 1991 at 6:30 p.m. as the date and time for a public hearing on this issue. Public notices have been published and posted as required by the Government Code. The utility companies have been notified of the proposed vacation so that they may reserve any utility easements they may require. At this public hearing, any and all persons interested in or objecting to the proposed vacation may appear before the City Council to be heard. Adopted: 3 y/' Agenda Item: 4 9 ALLEY NORTH OF SOLEDAD CANYON ROAD AT RUETHER AVENUE, PROPOSED VACATION Page 2 RECOMENDATION The City Council conduct the public hearing and approve Resolution 91-44 vacating the Alley North of Soledad Canyon Road at Ruether Avenue as described and shown on "Exhibit A", and instruct the City Clerk to cause the resolution to be recorded, vacate any portion of the alley and modify Resolution 91-44: to reflect the change, or deny the vacation and order staff to reopen the alley for public travel. ATTACHMENTS Resolution No. 91-44 Exhibit "A" Exhibit "B" /ce PUBLIC HEARING PROCEDURE t7J 1. Mayor Opens Hearing a. States Purpose of Hearing 2. City Clerk Reports on Hearing Notice 3. Staff Report (City Manager) or (City Attorney) or (RP Staff) 4. Proponent Argument (30 minutes) 5. Opponent Argument (30 minutes) 6. Five-minute Rebuttal (Proponent) a. Proponent 7. Mayor Closes Public Testimony 8. Discussion by Council 9. Council Decision 10. Mayor Announces Decision AFFIDAVIT OF POSTING IN THE MATTER OF VACATION OF A PORTION OF THE ALLEY NORTH OF SOLEDAD BETWEEN REUTHER AND FURNIVALL IN THE CITY OF SANTA CLARITA STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) James R. Van Winkle, being first duly sworn upon his oath, deposes and says:. That he is and was at all times in this. affidavit mentioned, a male citizen of the United States, over the age of twenty-one years; that on the 26th day of June, 1990, the City Council of the City of Santa Clarita in the matter of the public highway vacation passed a Resolution of Intention to order the vacation of a portion of the alley north of Soledad between Ruether and Furnivall, as more particularly described in said Resolution. That after the adoption of said Resolution of Intention, at the request of and by the direction of the City Clerk of the City of Santa Clarita, he caused to be posted conspicuously along the line of said Vacation, notices of . the passage of said Resolution of Intention, headed, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE VACATIONOFA PORTION OF THE ALLEY NORTH OF SOLEDAD BETWEEN RUETHER AND FURNIVALL IN THE CITY OF SANTA CLARITA", a copy of said Notice being attached hereto and being made a part hereof; that all of said Notices were posted less than 300 feet in distance apart from each other and not less than three of said notices were so posted on those portions, of such public highway to be vacated and vicinity thereof. That he caused the posting of said notices and that -the posting was completed on Friday, February 8, 1991, whereupon he made this affidavit and filed it with the City Clerk of the City of Santa Clarita, County of Los Angeles. /JaAme7sR.Van Winkle neer anta.Clarita Subscribed and sworn to before me, the 8th day of February, 1991. OFFICIAL SEAL GERI K. DAVIS o NG-ARY K= - CALIFORNIA LCS lJ:GELES C6{1NI4 G:7 coam. expires APR 22, 1994 RESOLUTION NO. 91-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, VACATING THE ALLEY NORTH OF SOLEDAD CANYON ROAD AT RUETHER AVENUE AND RESERVING EASEMENTS FOR UTILITIES IN THE CITY OF SANTA CLARITA WHEREAS, the City Council adopted Resolution No. 91-22 declaring its intention to vacate the alley and established March 13, 1991 at 6:30 p.m. as the.date and time for the public hearing. WHEREAS, notices of public hearing were published -and posted as required. WHEREAS, the utility companies will retain easements over the portion to be vacated and have no objections to the vacation; NOW, THEREFORE, pursuant to the provisions of the "Street Vacation Act of 1941", being Part 3 of Division 9 of the Streets and Highways Code of the State of California, the City- Council of the City of Santa Clarita, California, does resolve, declare, determine, and order as follows: Section 1. That it is hereby found and determined that. the Alley North of Soledad Canyon Road at Ruether Avenue, legally described in Exhibit A and as shown by the map in Exhibit B attached hereto and incorporated herein by this reference, which real property is located in the vicinity of the Newhall area in the City of Santa Clarita, in the County of Los Angeles, State of California, is no longer needed for present or prospective use based upon the following facts: That this vacation does not cut off access to the properties of any persons which prior to such relocation adjoined the highways and does not terminate a public service easement; that the subject rights-of-way are excess rights-of-way not required for street or highway purposes and that the subject rights-of-way are not required for general public access or . circulation or for bicycle paths or trails. Section 2. That the public easements in, over, and across said property for street and highway purposes legally described in Exhibit A attached is vacated pursuant to Chapter 4, Part 3, Division 9 of the Streets and Highways Code, State of California, commencing with Section 8330; reserving and excepting therefrom easements and rights to Southern California Edison Company for electrical utility purposes, Pacific Bell, Southern California Gas Company, Santa Clarita Water Company for water utility, and all other affected utilities as required, as set forth in Sections 8340 and 8341 of said Streets and Highways Code. Section 3. That the City Clerk of the City Council be instructed to record the certified original resolution in the office of the Registrar -Recorder of the County of Los Angeles, at which time the area vacated will no longer be a public road. Resolution No. 91-44 Page 2 The foregoing resolution was on the day of , 19_, adopted by the City Council of the City of Santa Clarita, and ex officiothe governing body of all other special assessment and taxing districts for which said Council so acts. PASSED, APPROVED AND ADOPTED THIS ATTEST: City Clerk Executive Officer -Clerk of the City Council of the City of Santa Clarita By. Deputy day of , 19_. Mayor I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Santa Clarita, at a regular meeting therefore, held on the day of , 19_, by the following vote of the Council: AYES: NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS City Clerk EXHIBIT "A" ALLEY VACATION That portion of that certain 20 foot Alley, in the City of Santa Clarita, County of Los Angeles, State of California, as shown on and dedicated to the County of. Los Angeles by map of Tract No. 8575, filed in Book 117, pages 64 and 65, of Maps, in the office of the Ree_istrar-Recorder of the County of Los Angeles, which extends from the northerly prolongation of the westerly .line of the easterly 30 feet of Lot 30, said tract, westerly to the southerly prolongation of the westerly line of Lot 50, said tract. Reserving all easements and rights of the Southern California Edison Cemban_v, Pacific Bell and Southern California Gas Company in and across the northerly 10 feet of above described portion of Allev herein being vacated- . Also acated. .Also reserving all easements and richts of the Santa Clarita :i=_ter Como_anv in and across the southerly 6 feet of above escribed portion of Allev herein being vacated. The reservations herein being made are .done in accordance 'i`h the provisions of Sections 8340 and 8341 of the Streets and 'ighways Code of the State of California. DESCRIPTION APPROVED April 26, 1988 '.CHARD B. DIXON _e= :?d^inistrative Officer .'-CILITIES MANAGEMENT DEPARTMENT '� Deputy -J L -j FU RNIVALL AVE. APPROX. LOCATION OF THE BLOOMFIELD BUSINESS V a V/f/.V/TY MAP RESTAURANT RUETHER LANDSCAPING a AVE. EXHIBIT 'B' NEWLY CONSTRUCTED ALLEY EXTENSION SECTION OF ALLEY PROPOSED TO BE VACATED SIGNAL RESOLUTION N0, 91_22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE VACATION OF AN ALLEY NORTHERLY OF SOLEDAD CANYON ROAD IN THE CITY OF SANTA CLARITA WHEREAS, the City'of Santa Clarita is a newly incorporated city and, has not yet adopted a General.Plan, but has thirty (30) months (plus two six month extensions) following incorporation to adopt a General Plan, pursuant to Government Code Section 65302.5; and WHEREAS, because the vacation proposed within this Resolution does not come within an area for which a General Plan has been' adopted, the Procedure described in Government Code Section .65402 need not be utilized by the Planning Commission of the City of Santa Clarita; NOW, THEREFORE, pursuant to the provision of the "Street. Vacation Act of 1941," being Part 3 of Division 9 of the Streets and Highway Code of the State of California, the City Council of the City of Santa Clarita, California, does resolve, declare, determine and order as follows: Section 1. That it is the intention of the City Council of the City of Santa Clarita, California, to order the vacation of the alley northerly of Soledad Canyon Road, 20 feet wide, extending from Ruether Avenue easterly thereof 310 f feet as shown on Exhibit "B" and more particularly described on Exhibit "A" attached hereto located within the City of Santa Clarita. Section 2. That the hour of 6:30 p.m. on Tuesday, March 13, 1991, at City Hall, 23920 Valencia Boulevard, 1st Floor, Santa Clarita, California, 91355, within the City of Santa Clarita, is the time and place when and where any and all persons interested in or objected to the proposed vacation of this public street may appear before the City Council to be heard, offer testimony, and submit evidence in relation thereto. Section 3. That the City Clerk of the City of Santa Clarita, California, is hereby directed to cause "NOTICE OF STREET VACATION OF A CERTAIN 20 FOOT ALLEY, NORTHERLY OF SOLEDAD CANYON ROAD, EXTENDING FROM RUETHER AVENUE EASTERLY THEREOF 310 f FEET WITHIN THE CITY OF SANTA CLARITA, CALIFORNIA, AND PUBLIC HEARING THEREON" to be posted as required by the Streets and Highways Code of the State of California; and the City Council of the City of Santa Clarita hereby elects to proceed under the provisions of that Act. Section 4. The City Clerk shall certify to the passage of this Resolution and shall cause it to be published in the manner prescribed by law. PASSED, APPROVED AND ADOPTED this 29th day of January, 1991. MAYOR ATTEST: CITY CLERK I, Donna Grindey, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution No. 91-22 was duly, adopted and passed on the 29th day of January. 1991 by the following vote: AYES: COUNCILMEMBERS DarW, Heidt, Klajic, McKeon, Bayer NOES: COUNCILMEMBERS Nam ABSENT: COUNCILMEMBERS None PUBLISH DATE: FEBRUARY 20, 1991 FEBRUARY 27, 1991