Subject
Motion - On March 5, 2002, under Council File No. 01-1459, the City Council adopted new procedures for processing street vacations, which require the adoption of a Rule 16 motion to initiate street vacation proceedings. Under these new procedures, when a petitioner submits an application and a fee deposit to the Bureau of Engineering, the Chair of the Public Works Committee is required to introduce a motion for the purposes of assigning a Council File Number and initiating the investigation of the vacation.
The State of California, owner of the property legally bounded by First Street, Los Angeles Street, Second Street, and North Main Street; has submitted an application requesting to vacate a portion of the airspace adjacent to their ownership above First Street and North Main Street, located in Council District Nine.
Additionally, the adoption of the following recommendations does not constitute or imply approval of the vacation.
THEREFORE MOVE that upon adoption of this motion, street vacation proceedings be initiated pursuant to California Streets and Highways Code, Division 9, Part 3, Public Streets, Highways and Service Easements Vacation Law.
FURTHER MOVE that the Bureau of Engineering be directed to investigate the feasibility of this vacation request.
FURTHER MOVE that the Bureau of Engineering present its report regarding the feasibility of vacating the requested area to the Public Works Committee.
File History
5-14-04 - This day's Council session
5-14-04 - File to Calendar Clerk for placement on next available Council agenda
5-21-04 - Motion ADOPTED
6-3-04 - File in files
7-28-04 - For ref - Communication from the Bureau of Engineering relative to vacation request for First Street and Main Street Vacation District (Airspace Vacation) - VAC-E1400892.
7-29-04 - Ref to Public Works Committee
7-29-04 - File to Public Works Committee Clerk
8-17-04 - Motion ADOPTED to APPROVE communication recommendations from Bureau of Engineering - Findings ADOPTED.
8-25-04 - File to Public Works Committee Clerk OK
8-24-04 - File in files
9-15-04 - This day's Council session - Motion - Smith Mover 2004 / Perry - MOVE that the Council action of August 17, 2004 relative to a vacation request for First Street and Main Street Vacation District (Airspace Vacation) - VAC-E1400892, CF 04-0977, BE AMENDED to instruct the City Clerk to schedule a public hearing at least 45 days from adoption of this motion to:
a. FIND that this vacation is categorically exempt from the California Environmental Quality Act of 1970 pursuant to Article VII, Class 5(3) of the City's Environmental Guidelines.
b. ADOPT the FINDINGS of the City Engineer dated July 22, 2004, as the Findings of Council.
c. ADOPT the City Engineer report dated July 22, 2004, that street vacation proceedings (VAC-E1400892) be instituted for the limited airspace of a portion of First Street, between Main Street and Los Angeles Street, from approximately 58 feet to 205 feet above the finished street surface, extending horizontally 35 feet into the right-of-way, and Main Street between First Street and Second Street from approximately 18 feet to 72 feet above the finished street surface, extending horizontally 10 feet into the right-of-way, subject to the conditions enumerated therein.
9-15-04 - File to Calendar Clerk for placement on next available Council agenda
9-16-04 - Council Action - Public Hearing Closed - Findings ADOPTED - City Engineer's report ADOPTED - Categorical Exemption APPROVED - No Protests.
9-22-04 - Council Action - Motion ADOPTED
11-22-04 - File in files
1-24-07 - This day's Council session - Motion - Rosendahl Mover 2007 / Perry - On March 5, 2002, under Council File No. 01-1459, the City Council adopted new procedures for processing street vacations, which require the adoption of a Rule 16 motion to initiate street vacation proceedings. Under these new procedures, when a petitioner submits an application and a fee deposit to the Bureau of Engineering, the Chair of the Public Works Committee is required to introduce a motion for the purpose of initiating the investigation of the vacation.
The City Council on November 16, 2004, under Council File No. 04-0977, conditionally approved the vacation of the First Street and Main Street Vacation District (Air Space Vacation). The vacation conditions were not complied with prior to the expiration of the vacation approval.
The State of California, owner of the property adjacent to the streets; has submitted a new application requesting to vacate the same airspace, located in Council District 9.
Additionally, the adoption of the following recommendations does not constitute or imply approval of the vacation.
THEREFORE MOVE that upon adoption of this motion, street vacation proceedings be initiated pursuant to California Streets and Highways Code, Division 9, Part 3, Public Streets, Highways and Service Easements Vacation Law.
FURTHER MOVE that the Bureau of Engineering be directed to process this vacation request under Council File No. 04-0977, Engineering work order No. E1400892, and apply the conditions established under the Council action of November 16, 2004, under Council File No. 04-0977 to this vacation request.
FURTHER REQUEST that the City Clerk append this Motion to Council File No. 04-0977.
FURTHER MOVE that the Bureau of Engineering present its report regarding the feasibility of vacating the requested area to the Public Works Committee.
1-24-07 - File to Council and Legislative Processing Clerk for placement on next available Council agenda
1-31-07 - Council Action - Motion ADOPTED
2-6-07 - File in files
2-13-07 - For ref - Communication from the Bureau of Engineering, dated February 13, 2007, relative to initiating vacation proceedings of First Street and Main Street Vacation District (Airspace Vacation) - VAC E1400892.
2-15-07 - Ref to Public Works Committee
2-15-07 - File to Public Works Committee Clerk
11-7-07 - Council Action - Verbal Motion - Wesson, Jr. Mover 2007 / Rosendahl - ADOPTED - Findings ADOPTED - Final Environmental Impact Report (FEIR) APPROVED - Set for Hearing DECEMBER 12, 2007.
(Public Works Committee waived consideration of the above matter).
11-9-07 - File to Council and Legislative Processing Clerk
12-12-07 - Council Action - Public Hearing Closed - City Engineer instructed to proceed - Protest Denied.
12-19-07 - File to Public Works Committee Clerk OK
12-20-07 - File in files