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HomeMy WebLinkAbout3355_CCv0001.pdf RESOLUTION NO. 3355 A RESOLUTION OF THE CITY OF REDLANDS FINDING THAT PORTIONS OF A CERTAIN STREET ARE UNNECESSARY FOR PRESENT OR PROSPECTIVE STREET PURPOSES AND ORDERING THE VACATION OF SAID PORTIONS THE CITY COUNCIL OF THE CITY OF REDLANDS hereby ordains and resolves as follows : SECTION ONE: The City Council of the City of Redlands, having elected to proceed under the provisions of Division 9, Part 3, Chap- ter 2 of the Streets and Highways Code of the State of California, and having held a public hearing as provided therein, hereby finds from all evidence submitted that portions of a certain street des- cribed in this resolution are unnecessary for present or prospective purposes and that the public interest and convenience require the closing of said portions of a certain street. SECTION TWO: The City Council hereby orders the vacation of portions of Kendall Street described as follows : That portion of Kendall Street (50 feet wide) between the south right-of-way of Redlands Boulevard (as it now exists) and the north right-of-way line of State Street (as it now exists) , said Kendall Street as shown on Piller, Pratt, and Kendall Subdivision recorded in Book 5 of Maps, Page 72 in the office of the County Recorder, County of San Bernardino, State of California. SECTION THREE: In the proceeding herein adopted by this City Council for the vacation of portions of a certain street described in Section Two, the City of Redlands reserves and excepts from the vacation the permanent easement and 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 any street or part thereof proposed to be vacated and pursuant to any existing franchises or renewals thereof, or otherwise, to construct, maintain, operate, replace, remove, renew and enlarge lines of pipe, conduits, cables, wires, poles and other convenient structures, equipment and fixtures for the operation of gas pipe lines, telegraphic and telephone lines, railroad lines, and for the distribution or transportation of electric energy, petroleum, and its products, ammonia, water and incidental purposes, including access and right to keep property free from inflammable materials, and wood growth, and to otherwise protect the same from all hazards in, upon, and over the portion of the street proposed to be vacated. Resolution No. 3355 Page one SECTION FOUR: The City Council hereby determines that the vacation of portions of the street described herein is required by public interest, convenience, safety and welfare. ADOPTED, SIGNED AND APPROVED this ATTEST: Mayor of the City of Redlands City clerk APPROVED FOR FORM: City Attorney I, Peggy A . Moseley, City Clerk, City of Redlands, hereby certify that the foregoing resolution was adopted by the City Council at a regular meeting thereof held on the by the following vote: AYES : NOES : ABSENT: City Clerk Resolution No. 3355 - Page two PUBLIC HEARINGS (Continued) Motion of Councilwoman Grace, seconded by Councilman Miller, with waiver of the reading of the ordinance in full, by the following roll call vote: AYES : Councilmembers Knudsen, Miller, Grace, Elliott; Mayor DeMirjyn NOES : None ABSENT: None Resolution No. 3355, a resolution of the City of Redlands Resolution finding that portions of Kendall Street are unnecessary No. 3355 for present or prospective street purposes , and ordering Vacation of vacation of said portion of a street, was advertised for Kendall St. public hearing at this time and place. Mayor DeMirjyn again opened the meeting as a public hearing for this (Not street vacation. No questions or comments being forth- Adopted) coming, the public hearing was declared closed. On motion of Councilman Miller, seconded by Councilman Knudsen, this street vacation was tabled for further study; hence, Resolution No. 3355 was not adopted by the City Council. Resolution No. 3349, adopted on April 19, 1977, set this time and place for the public hearing on the Sherril Lane Assessment District, a district established for the Resolution installation of sewers in accordance with the 1911 Act. No. 3349 Mayor DeMirjyn declared the Council meeting again open Sherril as a public hearing for consideration of this assessment Lane district. City Attorney Taylor asked if any protests to Assessment this assessment district had been filed in the office of District the City Clerk. None had been filed. City Attorney Taylor then advised Council that the proper action next is to adopt the assessment district, order the engineering and design work, and calling for bids on the installation of this sewer. Xr. Taylor repeated that notices were given and advertising done according to the law and that no protests had been filed. He added that bids could be received and at that time costs would be finalized, and then the Council and the residents on Sherril Lane would have an opportunity to decide. City Manager Mitchell pointed out that the staffing for specifications, necessary drawings and bid preparations for the assessment district would be a heavy staff load, and stated that there were alternative ways to handle the matter. Page three - May 17, 1977 PUBLIC HEARINGS (Continued) Following brief discussion, on motion of Councilman Miller, seconded by Councilman Knudsen, the public hearing was not closed and the matter was tabled for further study, with reconsideration by the Council scheduled for June 7, 1977. A request for reconsideration of the Council action upholding an appeal for denial of Planning Commission approval of Variance No. 210 for Minor Subdivision No. 23 was scheduled for this time and place. Mr. Robert Wagner addressed Council and restated his reasons for requesting reconsideration of this matter. These were;: that Reconsidera- Council had not taken action on Variance No. 210 for tion Minor Subdivision No. 23 as recommended by the Planning Variance No. Commission; that the owners were not provided the same 210 rights as were available to adjacent property; and that the five foot variation in a front property line is a small matter, inasmuch as this is not a transition area between zones . Mr. Wagner pointed out that his property is 300 feet from the zone change area. Mr. Robert Treacy then addressed Council at length, speaking to sections of the Redlands ordinance Code and the State Code on zoning. He discussed the zoning practices of Loma Linda, Colton, and other nearby cities . Addressing Council in favor of upholding the appeal were Dr. I . H. Crittenden, 560 Terracina, Mr. Lee Hawkins , 1521 West Cypress , Mrs . Ogden, Kay Wood, 1540 West Cypress, and Mrs. Atkinson. Speaking in behalf of Variance No. 210 were Mrs . Bill Gregory, 480 Terracina, Mrs. Lula Ponte of 511 Terracina, and Mr. Lloyd Pante. Also speaking was Linda Nimmo of 317 South Eureka and Harold Pringle of 519 West Palm. City Attorney Taylor clarified that this Council hearing was not a new appeal, but a reconsideration of the appeal that had been filed previously. Following this discussion, the public hearing was declared closed, and on motion of Councilman Elliott, seconded by Councilman Knudsen, the motion to uphold the appeal and deny' Variance No. 210 was adopted by the following roll call vote: AYES : Councilmembers Miller, Knudsen, Elliott NOES : Councilwoman Grace; mayor DeMirjyn ABSENT: None Page four -- May May 17, 1977