Loading...
CC - Item 2A - Resolution No. 2002-1797 TO: HONORABLE MAYOR AND COUNCILMEMBERS ROSEMEAD CITY COUNCIL FROM: FRANK G. TRIPEPI, CITY MANAGER DATE: MARCH 20, 2002 SUBJECT: RESOLUTION NO. 2002-17 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ORDERING THE VACATION OF A PORTION OF ALLEY NORTH OF GARVEY AVENUE (DEL MAR AVENUE/196.46 FEET WEST SOUTHWEST OF DEL MAR AVENUE) On February 26, 2002, the City Council adopted Resolution No. 2002-12 declaring its intention to vacate this portion of alley setting March 26, 2002, as the date for a public hearing on this matter. Staff sent letters to the affected utility companies and public works agencies requesting the location of their facilities and comments on the proposed alley vacation. Staff also contacted the police and fire departments for comments. The City received responses from the Los Angeles County Department of Public Works and Pacific Bell Telephone Company requesting that access be maintained for facility maintenance. To address these requests, the attached alley vacation resolution also reserves the necessary utility easements. Notice of the public hearing was provided in accordance with Section 8322 and 8323 of the Streets and Highways Code. This code requires publication of the notice of public hearing at least two times and posting of the alley at least 15 days prior to the hearing. RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 2002-17 vacating a portion of alley north of Garvey Avenue between Del Mar Avenue and 196.46 feet west- southwest of Del Mar Avenue. MAR 2 6 2002 ITEM zo. RESOLUTION NO. 2002-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ORDERING THE VACATION OF A PORTION OF ALLEY NORTH OF GARVEY AVENUE (DEL MAR AVENUE AVENUE/196.46 FEET WEST SOUTHWEST OF DEL MAR AVENUE) WHEREAS, the City Council of the City of Rosemead approved Resolution No. 2002-12, expressing its intention to vacate a portion of alley north of Garvey Avenue (Del Mar Avenue/196.46 feet west southwest of Del Mar Avenue) and establishing the time and place for the public hearing on said vacation; and . WHEREAS, notice of the public hearing was published and posted as required bylaw; and WHEREAS, all protests in this matter have been duly considered; and WHEREAS, the vacation procedure conforms to the requirements of Section 8300 to 8349 of the Streets and Highways Code. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROSEMEAD AS FOLLOWS: Section 1. The City Council finds from all evidence submitted that the portion of alley north of Garvey Avenue (Del Mar Avenue/196.46 feet west southwest of Del Mar Avenue) described in the Resolution of Intention, Resolution No. 2002- 12, is unnecessary for present or prospective public use purposes. Section 2. The City Council therefore orders vacated, for public use purposes a portion of alley north of Garvey Avenue (Del Mar Avenue/196.46 feet west southwest of Del Mar Avenue) more particularly described and shown as Exhibit "A", attached hereto and incorporated herein by this reference. Section 3. The City Council hereby reserves an easement, in favor of the County of Los Angeles, over the portion of alley north of Garvey Avenue (Del Mar Avenue/196.46 feet west southwest of Del Mar Avenue) as described in Exhibit "A". The easement shall reserve the right to construct, maintain, operate, replace, or renew storm drains and appurtenant structures in, upon, over, and across the portion of alley to be vacated. Section 4.. The City Council hereby reserves an easement over the portion of alley north of Garvey Avenue (Del Mar Avenue/196.46 feet west southwest of Del Mar Avenue) as described in Exhibit "A" for Pacific Bell Telephone Company to from time to time construct, maintain, operate, replace, remove, and renew such aerial and underground communication facilities (including ingress thereto and egress therefrom) consisting of poles, anchors, guys, cables, wires, crossarms, conduit, manholes, handholes, markers, pedestals, terminal equipment cabinets, electrical conductors and necessary fixtures and appurtenances. Resolution 2002-17 Page 2 of 2 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Rosemead on this 26th day of March 2002. MAYOR ATTEST: CITY CLERK J EXHIBIT "A" LEGAL DESCRIPTION OF PORTION OF ALLEY TO BE VACATED AND LIMITS OF EASEMENTS RESERVED FOR THE COUNTY OF LOS ANGELES FLOOD CONTROL DISTRICT AND PACIFIC BELL TELEPHONE COMPANY A portion of that certain 10 foot wide alley lying between Lots 5 and 6 of Tract No. 1495, in the City of Rosemead, County of Los Angeles, State of California, as per map recorded in Book 26 Page 51 of Maps, in the Office of the County Recorder of said County, bounded as follows: Easterly by a line parallel with and 5.00 feet westerly of the easterly lines of said Lots 5 and 6; Westerly by the northerly prolongation of the westerly line of said Lot 6. Prepared under my supervision: \,AND 7 3, U-02 L.S. 5301 David O. Knell PLS 5301 Date Exp. 12-31.03 C!~wodocs%rosemeadldelma r-alley.doc March 20. 2002 II owa!~tk. PUBLIC HEARING- RESOLUTION NO. 2002-17 A RESOLUTION-OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ORDERING THE VACATION OF A PORTION OF ALLEY NORTH OF GARVEY AVENUE (DEL MAR AVENUE/196.46 FEET WEST SOUTHWEST OF DEL MAR AVENUE) The Mayor Pro Tern opened the public hearing for anyone in the audience to wishing to speak on this item. There being no one, the Mayor closed the public hearing. MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMEMBER CLARK that the Council adopt Resolution No. 2002-17, vacating a portion of alley north of Garvey Avenue between Del Mar Avenue and 196.46 feet west-southwest of Del Mar Avenue. Vote resulted: Yes:. Taylor, Bruesch, Clark, Vasquez No: None Absent: Imperial Abstain: None The Mayor Pro Tern declared said motion duly carried and so ordered. B. PUBLIC HEARING - GENERAL PLAN AMENDMENT 00-04; REVISION - AMENDING THE HOUSING ELEMENT OF THE ROSEMEAD GENERAL PLAN TO MEET THE STATE REQUIREMENT FOR 1998- 2005 PLANNING PERIOD The Mayor Pro Tern opened the public hearing for those in the audience wishing to address this item. i Juan Nunez; 2702 Del Mar, Rosemead, asked if meeting the high density requirements would tax other utilities such as gas, electricity and water. Councilman Taylor responded that the State requires that Cities and Counties update their housing element. There being no one else wishing to speak, the Mayor Pro Tern closed the public hearing. MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN VASQUEZ that the Council adopt the revised 2000-2005 Housing Element. Vote resulted: Yes: Taylor, Bruesch, Clark, Vasquez No: None Absent: Imperial Abstain: None CCMTN:3-26-02 Page #12 d *"*he Mayor Pro Tern declared said motion duly carried and. so ordered. M. LEGISLATIVE A. RESOLUTION NO. 2002-14 - CLAIMS AND DEMANDS The following Resolution was presented to the Council for adoption. RESOLUTION NO. 2002-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $1,718,624.96 NUMBERED 37042 THROUGH 37196 MOTION BY COUNCILMEMBER CLARK, SECOND BY COUNCILMAN VASQUEZ that the Council adopt Resolution No. 2002-14. Vote resulted: Yes: - Taylor, Bruesch, Clark, Vasquez No: None Absent: Imperial Abstain: None The Mayor Pro. Tem declared said motion duly carried and so ordered. B. RESOLUTION NO. 2002-13 AUTHORIZING COMPENSATION FOR MEMBERS OF THE PLANNING AND TRAFFIC COMMISSIONS The following resolution was presented to the Council for adoption: RESOLUTION NO. 2002-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD AUTHORIZING COMPENSATION FOR MEMBERS OF THE PLANNING AND TRAFFIC COMMISSIONS MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMEMBER CLARK that the Council adopt Resolution No. 2002-13. Vote resulted: Yes: Taylor, Bruesch, Clark, Vasquez No: None Absent: Imperial Abstain: None . The Mayor Pro Tern declared said motion duly carried and so ordered. CCMIN:3-26-02 Page #13