TITLE
Recommendation to adopt resolution ordering the summary vacation of those certain alleys west of Atlantic Avenue and north of 15th Street adjacent to the Roosevelt Elementary School. (District 1)
DISCUSSION
The Roosevelt Elementary School occupies most of the block bounded by Atlantic Avenue, 15th Street, Linden Avenue, and 16th Street. Recently, the Long Beach Unified School District (District) acquired the last three lots on this block (lots 35, 36, and 37), which were separated from the rest of the block by public alleys. The District intends to build a school parking lot on these lots incorporating the adjacent alleys, and has asked the City to vacate the alleys as shown on the attached Exhibit A.
Proceedings for this vacation are being conducted in accordance with Chapter 4, Summary Vacation, of the Public Streets, Highways and Service Easements Vacation Law of the California Streets and Highways Code. Section 8334 of that Chapter states that the legislative body of a local agency may summarily vacate excess right-of-ways not required for street or highway purposes, which lie within property under one ownership and does not continue through such ownership or terminate touching property of another.
The Department of Public Works supports the vacation of these alleys based on the following evidence, facts, and conditions, finding that the dedicated rights-of-way to be vacated are unnecessary for present or future public use:
1. The Long Beach Unified School District owns all of the property adjacent to the alleys to be vacated, and there are no other property owners taking access from these alleys.
2. The District proposes to build a parking lot to serve the Roosevelt Elementary School on their recently acquired lots, privatizing the alley drive aisles as shown on the attached Exhibit B.
3. On October 16, 2008, the Planning Commission determined that the subject vacation action is consistent with the General Plan, as required in Section 8313 of the Public Streets, Highways and Service Easements Vacation Law. In conformance with the California Environmental Quality Act, Categorical Exemption Number CE 127 -08 was issued for this project. The Planning Department staff report is included as Exhibit C.
4. The interested City departments, including Fire and Police, have reviewed the proposed right-of-way vacation and have no objections to this action. Conditions of approval satisfying the concerns of the public utility companies are shown on Exhibit D. The alley portions to be vacated contain sewer, electrical and other communication lines; therefore, a public utility easement will be reserved.
Deputy City Attorney Linda Trang prepared the attached resolution of summary vacation on March 23, 2009. The City of Long Beach does not guarantee reversionary rights over the vacated right-of-way.
This matter was reviewed by Deputy City Attorney Linda Trang on March 23, 2009, and by Budget and Performance Management Bureau Manager David Wodynski on March 31,2009.
TIMING CONSIDERATIONS
City Council action is not time sensitive.
FISCAL IMPACT
A vacation processing fee of $3,000 was deposited to the General Fund (GP) in the Department of Public Works (PW).
SUGGESTED ACTION
Approve recommendation.
BODY
A RESOLUTION ORDERING THE SUMMARY VACATION OF THE ALLEYS WEST OF ATLANTIC AVENUE AND NORTH OF 15TH STREET ADJACENT TO THE ROOSEVELT ELEMENTARY SCHOOL, IN THE CITY OF LONG BEACH, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA PURSUANT TO CHAPTER 4, PART 3 OF DIVISION 9 OF THE CALIFORNIA STREET AND HIGHWAYS CODE
Respectfully Submitted,
MICHAEL P. CONWAY
DIRECTOR OF PUBLIC WORKS
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APPROVED: |
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PATRICK H. WEST |
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CITY MANAGER |