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HomeMy WebLinkAboutItem 28 - Resolution rescinding Resolution No. 94-031 Public Works Agency www.santa-ana.org/pw Item # 28 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report January 21, 2025 TOPIC: Summary Vacation of Hesperian Street, Cubbon Street, and Public Alley Right of Way AGENDA TITLE Summarily Vacate Portions of Hesperian Street, Cubbon Street, and Public Alley Right of Way - Abandonment 24-03 RECOMMENDED ACTION Adopt a Resolution rescinding City Council Resolution 94-031, and Summarily Vacate Portions of Hesperian Street, Cubbon Street, and Public Alley Right of Way - Abandonment 24-03 RESOLUTION NO. 2025-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA RESCINDING RESOLUTION NO. 94-031, AND VACATING PORTIONS OF CUBBON STREET, HESPERIAN STREET, AND A PUBLIC ALLEY WITHIN MARTIN LUTHER KING, JR. ELEMENTARY SCHOOL AT 1001 GRAHAM LANE, (ABANDONMENT NO. 2024-03) GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION The Public Works Agency (PWA) oversees all street vacation and abandonments throughout City boundaries. Public Works Agency staff, in conjunction with Santa Ana Unified School District (SAUSD), is requesting vacation of portions of former street right of way within Dr. Martin Luther King Elementary School (King Elementary). SAUSD will concurrently grant easements to the City for existing public street improvements. Adoption of the resolution will rescind, correct, and complete right of way actions undertaken by the City and SAUSD in the 1990s, and provide the City right of way needed to construct the Bristol-Tolliver Street Urban Greening Project (Project). Background In the 1990s, SAUSD built King Elementary. The school construction project included acquisition of residential lots within the Central City Neighborhood and the intended vacation of portions of Cubbon Street, Hesperian Street, and an alley west of Bristol Street. To accommodate the street vacations and allow for continued circulation, a cul Summary Vacation of Hesperian Street, Cubbon Street, and Public Alley Right of Way January 21, 2025 Page 2 4 7 2 9 de sac bulb at the south end of Hesperian Street and a new connecting east-west alley were constructed (Exhibit 1). In 1994, the Santa Ana City Council adopted Resolution 94-031 (Exhibit 2) approving vacation of the portions of streets and alley as depicted therein. Subsequently, as allowed by the resolution, SAUSD closed portions of the streets and alley and constructed the school and public improvements. However, as stipulated in the resolution, the streets and alley were deemed not vacated until the document was recorded. Based on staff and title company research, the resolution was not recorded, and therefore, did not fully take effect. In 2023, the City was awarded funds to build the Project from the California Natural Resources Agency’s Urban Greening Grant Program. The Project will transform approximately 1.25-acres of vacant parcels at the southwest corner of Bristol Street and Tolliver Street into a new urban green space and public park, which will include a stormwater treatment system that will capture stormwater runoff from the surrounding neighborhood for reuse to irrigate park landscaping. During implementation of the Project, staff determined that the City did not have the expected easement rights necessary to construct a pipe between Hesperian Street and the park site through an apparent public alley, and conversely, the City public street rights of way still exist within King Elementary. City staff is working with SAUSD staff to obtain approvals to resolve the right of way inconsistencies for both agencies by SAUSD granting street easement rights to the City and the City rescinding and replacing the 1994 street vacation resolution. The replacement documents will correct the limits of the City’s street right of way. Rescind and Replace Resolution 94-031 After review of the unrecorded Resolution 94-031, staff determined that the limits defined therein are inconsistent with the constructed street improvements, and recordation of the resolution would have vacated portions of the Hesperian Street right of way that still contain public street improvements. To refine the area to be vacated, staff commissioned a field survey which determined the limits of the Hesperian Street cul de sac sidewalk and the alley improvements. The resulting street vacation legal description and map define portions of Hesperian Street, Cubbon Street, and alley right of way which no longer contain any public street features (Exhibit 3). A title report identified the SAUSD as fee owner of the portion of streets and alley “which would pass by operation of law…”, meaning the ownership in the property will revert automatically to the SAUSD upon completion of the vacation. California Government Code Section 65402 requires the planning agency to review and approve certain actions related to City property. Actions related to acquiring, using, or disposing of public property require the planning agency to review the proposed use for Summary Vacation of Hesperian Street, Cubbon Street, and Public Alley Right of Way January 21, 2025 Page 3 4 7 2 9 conformity with the General Plan. On November 25, 2024, the City of Santa Ana Planning Division issued a finding that Abandonment 24-03 is in conformance with the City of Santa Ana 2022-2045 General Plan. City staff recommends the action because the excess area offers no present or prospective use to the City. This abandonment is being processed as a summary vacation pursuant to California Streets and Highways Code Section 8331 because the streets and alleys have been impassable and the City has not expended money for maintenance for more than five years; and Section 3334 because the right of way is not required for street or highway purposes and lies within property under one ownership. There are no visible utilities which would be affected by the vacation; and City staff advised utility companies of the vacation, and received no objections to the vacation. To align City street right of way and SAUSD property with existing street improvements, staff is requesting City Council to adopt a resolution rescinding Resolution 94-031 and vacating portions of Cubbon Street, Hesperian Street, and an alley west of Bristol Street. SAUSD Street Easement to City of Santa Ana In accordance with requirements set forth by City in early 1990s to complete the King Elementary project, SAUSD will grant public street easement covering the street improvements constructed during that project. The public street easements will cover the Hesperian Street cul-de-sac bulb to the back of sidewalk, and the limits of the east- west alley. As detailed above, staff determined street and alley improvement limits by field survey and then described and mapped the limits of street easement (Exhibit 4). SAUSD Board of Education met on December 17, 2024 and adopted a resolution declaring its intention to grant the easement, and set a public hearing for January 14, 2025, after which the board may authorize execution of an easement agreement and deed. Based on SAUSD staff initial board briefings, it is anticipated that the SAUSD Board of Education will approve its intention to grant the easement. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed abandonment is exempt from further review per section 15305. Categorical Exemption will be filed for this abandonment. FISCAL IMPACT There is no fiscal impact associated with these actions. EXHIBIT(S) 1. Location Map 2. City Council Resolution 94-031` 3. Vacation Legal Description and Map Summary Vacation of Hesperian Street, Cubbon Street, and Public Alley Right of Way January 21, 2025 Page 4 4 7 2 9 4. Street Easement Legal Description and Map 5. Resolution Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager © 2024 Digital Map Products. All rights reserved. 78 feet EXHIBIT 1 EXHIBIT 1 021 REL:S/]1/94 RESOLUTION NO. 94- 031 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING CUBBON STREET BETWEEN GRAHAM LANE AND HESPERIAN STREET, HESPERIAN STREET BETWEEN CUBBON STREET AND A LINE 270 FEET TO THE NORTH THEREOF, AND 450 FEET OF AN ALLEY PARALLEL TO AND EAST OF HESPERIAN STREET WHEREAS, this Council heretofore adopted on May 16, 1994, Resolution No. 94-018, wherein it declared its intention to vacate, pursuant to and in accordance with the provisions of Chapter 3 of Part 3 of Division 9 of the Streets and Highways Code of the State of California, Cubbon Street between Graham Lane and Hesperian Street, Hesperian Street between Cubbon Street and a line 270 feet to the north thereof, and 450 feet of an alley parallel to and east of Hesperian Street; and WHEREAS, said Resolution gave notice that on June 20, 1994, at 6:00 p.m., or as soon thereafter as the matter could be heard, in the Council Chambers of the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California, this Council would hear any and all persons interested in or objecting to said proposed vacation of the said streets and alley; and WHEREAS, this Council finds that said Resolution has been published in the manner prescribed by law for the publishing of ordinances of the City; and WHEREAS, this Council further finds that notices of said proposed street and alley vacations stating the purposes of said Resolution and the time and place set for hearing were posted as directed by the Council and required by law; and WHEREAS, this Council at the time and place set for hearing heard any and all persons interested in or objecting to said proposed vacation of said streets and alley and received and considered all evidence submitted; WHEREAS, this Council finds from all the evidence submitted that the said streets and alley are unnecessary for present or prospective public use, based upon the following findings of fact: 1. Said streets are not necessary to provide access to abutting property owners. 2. Said streets are not necessary or convenient for servicing the flow of traffic. WHEREAS, there are no in-place public utility facilities EXHIBIT 2 RESOLUTION 94-031 Page 2 that are in use in the said streets and alley; and WHEREAS, pursuant to the provisions of § 2381 of the Streets and Highway Code of the State of California, the city Council does hereby find and determine that neither said streets and alley nor any part thereof, are useful as nonmotorized transportation facilities, as defined in § 156 of said Code; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: 1. This Council does hereby order that those portions of Cubbon Street between Graham Lane and Hesperian Street, Hesperian Street between Cubbon Street and a line 270 feet to the north thereof, and 450 feet of an alley parallel to and east of Hesperian Street, more specifically described in Exhibit A, attached hereto and made a part hereof by this reference, be, and the same are, hereby vacated. 2. The Clerk of the Council is hereby directed to cause a certified copy hereof, attested by her under seal, to be recorded in the office of the Recorder of Orange County at such time as the Executive Director of the Public Works Agency provides the Clerk of the Council with written notification that the conditions set forth in Exhibit B, attached hereto and incorporated herein, have been satisfied by the Santa Ana Unified School District. 3. The abovesaid streets and alley shall not be deemed vacated until this resolution is recorded. Closure of the abovesaid streets to vehicular traffic, as appropriate to allow for the construction of the abovesaid public improvements prior to recordation of this resolution, is hereby approved pursuant to section 21101 of the California Vehicle Code. ADOPTED this 20th day of ATTEST: e~Ce C. Guy / rk of the Councilk_ June , 1994. You.g X3 / Mayor ~ COUNCILMEMBERS: Young Aye Pulido Absent Lutz Aye McGuigan Aye Mills Aye Moreno Aye Richardson Absent APPROVED AS TO FORM: Edward--~. ~Q~er City Attorney 2 024 CERTIFICATE OF ORIGINALITY & PUBLICATION State of California County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Resolution to be the original resolution adopted by the City Council of the City of Santa Aaa Date: fit// Clerk of the Coun6il ("'-7 City of Santa Aaa RESOLUtiON 94-031 025 Exhibit EXHIBIT ABANDONMENT NO. 89-A6 LEGAL DESCRIPTION Those certain portions of public streets and an alley in the State. of California, County of Orange, City of Santa Ana, shown as Hesperian Street, 60.00 feet wide, Cubbon Street, 60.00 feet wide, and that certain North/South Alley, 20.00 feet wide, in Tract No. 2325, recorded in Book 68, page 40 Records of Orange County, California, described as follows: HesDeriap Street Bounded Northerly by the Westerly extension of the North lot line of Lot 51 of said Tract No. 2325 and it's intersection with the West line ~f Hesperian Street, as shown on said Tract No. 2325 and bounded WeSterly by the Northerly extension of the West lot line of Lot 59 of said Tract No. 2325 and it's intersection with the North line of said Cubbon Street, as shown on said Tract No. 2325. Cubbon S~eet Bounded Easterly by the Northerly extension of the West lot line of said Lot 59 of said Tract No. 2325 and it's intersection with the North line of said Cubbon street and bounded Westerly by the Northerly extension of the tangent portion of the'West lot line of Lot 62 of said Tract No. 2325 and it's intersection with the North line of said Cubbon Street. North/South Alley Bounded Northerly by the Westerly extension of the North lot line of Lot 30 of said Tract No. 2325 and it's intersection with the East lot line of said Lot 51 and bounded Southerly by the Easterly extension of the South lot line of Lot 58 of said Tract No. 2325 and it's intersection with the West lot line of Lot 22 of said Tract No. 2325. EXHIBIT RESOLUTION 94-031 EXHIBIT A MAP E$1~ ENT AL ~ WISTERIA PL. CUBBON STREET RESOLUTION 94-031 EXHIBIT ao Co GENERAL 1. 2. 3. 4. EXHIBIT B Construct sewer facilities per approved plans. Construct water facilities per approved plans. Construct storm drain facilities per approved plans. Install signing and striping per approved plans. IMPROVE ALL PUBLIC FRONTING STREETS AS FOLLOWS: 5. Furnish ornamental street lighting with directed by the City Engineer. underground service 6. Close all unused driveways with curb, gutter, and sidewalk approved improvement plans. Remove and replace all uplifted and cracked sidewalk. as per Construct street tree wells and plant minimum 24 inch box trees per City Standard No. 1124 at locations in accordance with approved improvement plans. 9. Construct sidewalk per approved improvement plans. IMPROVE HESPERIAN STREET AS FOLLOWS: Construct a cul-de-sac at the proposed terminus of Hesperian Street as approved by the Public Works Agency per City standard No. 1106. 10. 11. Construct driveways per approved improvement plans. IMPROVE CUBBON STREET AS FOLLOWS: 12. Construct driveway per approved improvement plans. 13. Construct off-site student drop-off zone with curb, gutter, pavement, and sidewalk to close Cubb0n Street. IMPROVE BRISTOL STREET AS FOLLOWS: 14. Construct driveways per approved improvement plans. 15. Close unused drive approaches with curb, gutter and sidewalk and reconstruct X-portion of the existing drive approach of the southerly property. 16. Improve Graham Lane by constructing driveways per approved improve- ment plans. 17. Improve the alley from the proposed Hesperian Street cul-de-sac to the alley east of Hesperian Street by constructing a Portland Cement Concrete (P.C.C.) alley per City Standard No. 1111. EXHIBIT 3 EXHIBIT 4 EXHIBIT 5 RESOLUTION NO. 2025-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA RESCINDING RESOLUTION NO. 94-031, AND VACATING PORTIONS OF CUBBON STREET, HESPERIAN STREET, AND A PUBLIC ALLEY WITHIN MARTIN LUTHER KING, JR. ELEMENTARY SCHOOL AT 1001 GRAHAM LANE, (ABANDONMENT NO. 2024-03) WHEREAS, Chapter 4 of the California Streets and Highways Code section 8330 et seq. provides for summary vacation of streets and public service easements; and WHEREAS, on June 20, 1994, the City Council adopted Resolution No. 94-031, which aimed to vacate portions of Cubbon Street, Hesperian Street, and an alley west of Bristol Street at the request of the Santa Ana Unified School District (SAUSD) to allow for the construction of Martin Luther King, Jr. King Elementary School; and WHEREAS, as allowed by Resolution No. 94-031, SAUSD closed portions of Cubbon Street, Hesperian Street, and the alley to the public, and constructed public school facilities within and adjacent to the street rights of way, however the resolution was not recorded, and therefore the vacation was not effectuated, leaving these portions of land as public rights-of-way; and WHEREAS, to accommodate the street and alley closures, SAUSD constructed and opened to the public re-aligned streets and alley improvements, however SAUSD did not convey rights of way for the re-aligned streets and alley improvements to the City of Santa Ana, leaving portions of land used by the public as private property; and WHEREAS, subsequent review revealed that certain boundaries and legal descriptions of the intended vacated areas as specified in the original resolution are inconsistent with the constructed improvements; and WHEREAS, to align the City's right-of-way boundaries with current street improvements, the City Council finds it necessary to rescind Resolution No. 94-031 and adopt the current Resolution to vacate specific portions of Cubbon Street, Hesperian Street, and an adjacent alley totaling 34,778 square feet as shown on Exhibit A (“Vacation Area”); and WHEREAS, the SAUSD Board of Education met on December 17, 2024, to adopt a resolution to declare its intention to grant the easement and set a public hearing for January 28, 2025, in order to authorize execution of an easement deed and agreement to convey public street easement rights to City over the Cubbon Street cul de sac bulb, and connecting alley totaling 12,073 square feet as shown on Exhibit B (“New Street Easement Area”) WHEREAS, California Streets and Highways Code sections 8331 and 8334 authorizes the City Council to summarily vacate: (1) a street or highway which has been Resolution No. 2025-XXX Page 1 of 5 impassable for vehicular travel for a period of five consecutive years and that no public money has been expended money for maintenance on the street or highway during such period; and (2) an excess right-of-way of a street or highway not required for street or highway purposes, or a portion of a street or highway that lies within property under one ownership and that does not continue through such ownership or end touching property of another; and WHEREAS, pursuant to California Streets and Highways Code Sections 8331 and 8334, the City Council finds that (1) the Vacation Area has been impassable for vehicular travel, and that the City has not expended money maintaining on the streets and alley contained therein for almost 30 years, and (2) the Vacation Area is an excess right of way not required for public street purposes due to the current alignment of streets and alleys and is adjacent to SAUSD-owned properties and does not continue through such ownership or end touching property of another; and WHEREAS, following an earlier finding of conformity with the City’s General Plan by the City’s Planning Division, as reported by the Planning Commission and required under California Government Code section 65042(a); the City desires to vacate the Vacation Area; and WHEREAS, the Vacation Area is situated outside the limits of the Cubbon Street, Hesperian Street, and alley improvements; and WHEREAS, all entities having any right, title, or interest in the street right of way being vacated have been notified of this action; WHEREAS, in response to the City’s notification of intent to vacate, SoCalGas provided a letter requesting reservation of easements within the Vacated Area pursuant to Section 8340 of the California Streets and Highways Code; and WHEREAS, the City desires to vacate its interest in the Vacation Area; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. The recitals set forth above are adopted as findings in support of this Resolution. Section 2. Resolution No. 94-031, previously adopted by the City Council of the City of Santa Ana on June 20, 1994, is hereby rescinded in full, and as such Resolution No. 94-031 shall have no further force or effect. Section 3. The vacation of the Vacation Area is exempt from review under the California Environmental Quality Act pursuant to section 15378 of the State CEQA Guidelines because it can be seen with certainty that there is no possibility that it will have a significant impact of the environment. Resolution No. 2025-XXX Page 2 of 5 Section 4. The Vacation Area described in Exhibit A is hereby ordered vacated, upon satisfaction of the following condition: A. SAUSD shall execute and provide to the City an easement deed and agreement in a form approved by the City Attorney for the New Street Easement Area described in Exhibit B. B. Upon satisfactory completion of the above condition, the City Engineer shall advise the City Clerk that the vacation is therefore effective and may be recorded. Section 5. The City Clerk is hereby directed to cause a certified copy hereof, attested under seal, to be recorded in the Office of the Recorder of Orange County. Said recordation shall occur after the conditions in Section 4 of this resolution have been completed to the satisfaction of the City Engineer. Section 6. The Vacation Area shall not be deemed vacated until this Resolution is recorded. Section 7. From and after the date of recordation of this resolution, the Vacation Area will no longer constitute a street easement. Section 8. Except for the reservation of the easement described in Sections 9 and 10, the Vacation Area as shown on Exhibit A is hereby vacated pursuant to Chapter 4 of Part 3 of Division 9 of the streets and Highways Code. Section 9. The City hereby reserves and excepts from vacation, pursuant to section 8340 of California Streets and Highways Code, the easement described specifically in Exhibit B, and reserves the right at any time, or from time to time, to construct, maintain, operate, replace, remove, and renew sanitary sewers and storm drains and appurtenant structures in, upon, over, and across a street or highway proposed to be vacated and, pursuant to any existing franchise or renewals thereof, or otherwise, to construct, maintain, operate, replace, remove, renew, and enlarge lines of pipe, conduits, cables, wires, pole, and other convenient structures, equipment, and fixtures for the operation of gas pipelines, telegraphic and telephone lines, railroad lines, and for the transportation or distribution of electric energy, petroleum and its products, ammonia, and water, and incidental purposes, including access to protect these works from all hazards in, upon, and over the street or highway proposed to be vacated. Resolution No. 2025-XXX Page 3 of 5 Section 10. The City hereby reserves and excepts from vacation, pursuant to section 8340 of California Streets and Highways Code, a non-exclusive easement for Southern California Gas Company (SCG), to excavate for, lay, construct, reconstruct, relocate, reconfigure, use, inspect, maintain, operate, repair, replace, patrol, change the size of, add to, or remove from time to time, as SCG deems necessary, one or more pipelines and conduits, together with devices for metering, measuring, regulating, cathodic protection, communications and other appurtenances in, upon, over, and across that portion of Cubbon Street to be vacated as shown on Exhibit A described as: a five-foot (5’) wide strip of land centered on the existing 1” underground natural gas service to Martin Luther King, Jr. King Elementary School at 1001 Graham Lane as generally shown on Exhibit C. The reservation shall also include right of ingress and egress for the maintenance, construction, location and relocation of said utilities and appurtenances thereto. Section 11. This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall attest to and certify the vote adopting this Resolution. Resolution No. 2025-XXX Page 4 of 5 ADOPTED this 21st day of January, 2025. Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Kyle Assistant City Attorney AYES:Councilmembers NOES:Councilmembers Councilmembers Councilmembers ABSTAIN: NOT PRESENT: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer L. Hall, City Clerk, do hereby certify the attached Resolution No. 2025 -_____ to be the original resolution adopted by the City Council of the City of Santa Ana on _____________________, 2025. Date: City Clerk City of Santa Ana Resolution No. 2025-XXX Page 5 of 5 EXHIBIT A EXHIBIT B I 1 inch = 94 feet King Elementary School Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community, Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, © OpenStreetMap contributors, and the GIS User Community