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HomeMy WebLinkAboutAdopt Resolution 2016-26 ordering the Vacation of the Right- Dept. ID PW 16-049 Page 1 of Meeting Date: 8/15/2016 AE-2) -I-—D --Z, oX 40140 CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 8/15/2016 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works SUBJECT: Adopt Resolution 2016-26 ordering the Vacation of the Right-of-Way Easement at the Delaware Street Southern Terminus and authorize recordation with the Orange County Recorder Statement of Issue: On July, 18 2016, City Council adopted Resolution No. 2016-25 declaring the City's intent to process a general street vacation of the public right-of-way easement generally located at the southern terminus of Delaware Street. A public hearing must be held for all persons interested in or objecting to the proposed vacation. If the City Council finds, from all the evidence submitted, that the street easement is unnecessary for present or prospective public use, it may adopt the attached Resolution 2016-26 ordering the actual vacation of said easement. Financial Impact: No funding is required for this action. Recommended Action: A) Adopt Resolution No. 2016-26, "A Resolution of the City Council of the City of Huntington Beach Ordering the Vacation of that Certain Public Right-of-Way Easement Generally Located at the Southern Terminus of Delaware Street;" and, B) Instruct the City Clerk to record the Resolution and the attached exhibits with the Orange County Recorder. Alternative Action(s): Deny the recommended action. Analysis: On July 18, 2016, City Council adopted Resolution No. 2016-25 declaring the City's intent to process a general street vacation of the public right-of-way easement generally located at the southern terminus of Delaware Street. The subject easement area is located south of the intersection of Delaware Street at Mainmast Drive, at the southern terminus of Delaware Street. The property along the western boundary of the easement area is developed with a residential manufactured home neighborhood, and to the east and south is the Seaside Village multifamily residential neighborhood. To the north of the subject easement area is the existing Delaware Street. The triangulated easement area to be vacated measures approximately 247 ft. long and 80 feet wide at its widest point (12,381 square feet). The Public Works Department has determined that the subject easement area is no longer HB -2247- Item 13. - 1 Dept. ID PW 16-049 Page 2 of 2 Meeting Date: 8/15/2016 necessary to provide a public right-of-way and may be vacated without affecting the efficiency or effectiveness of any arterial circulation system. The entire subject easement area was originally dedicated to the City of Huntington Beach on Tract Map 9580, which subdivided the land where the Seaside Village Towne Homes Development is now located. The easement was originally intended to serve as a public right-of-way to ultimately provide the extension of Delaware Street between Atlanta Avenue and Pacific Coast Highway. Plans to extend Delaware Street southerly beyond the existing terminus, connecting to Pacific Coast Highway, were abandoned many years ago and the section of Delaware Street south of Atlanta Avenue was removed from the Orange County Master Plan of Arterial Highways (MPAH). Consequently, the Public Works Department has determined that the easement for vehicular right- of-way purposes is no longer necessary. City staff has also verified that no public utilities (i.e. water or sewer mains) are located within the subject area. Upon its vacation, use of the subject easement area will revert back to the underlying fee title owner, which in this case is the Seaside Village Towne Homes. Staff has been informed that the Seaside Village Towne Homes Association intends to improve the subject vacated area by removing trash and debris and maintaining and/or improving the area according to their needs. After adoption, the resolution shall be recorded with the Orange County Recorder to affect the street vacation. Environmental Status: The General Plan Conformance review was categorically exempt pursuant to City Council Resolution No. 4501, Class 5, which supplements the California Environmental Quality Act because the request is a minor easement vacation. Strategic Plan Goal: Enhance and maintain infrastructure Attachment(s): 1. Resolution No. 2016-26, "A Resolution of the City Council of the City of Huntington Beach Ordering the Vacation of that Certial Public Right-of-Way Easement Generally Located at the Southern Terminus of Delaware Street" 2. Exhibits A and B Legal Description and Plat Map (Vacation of Right-of-Way Easement) Item 13. - 2 HB -248- Recorded in Official Records, Orange County PLEASE COMPLETE THIS INFORMATION Hugh Nguyen, Clerk-Recorder 1E 11 II II III III[ I II�1[ 11 E�� III 11� NO FEE RECORDING REQUESTED BY: * $ R 0 0 0 8 6 1 1 1 6 7 $ 201600038806010:14 am 08117/16 227 402 R28 6 0.00 0.00 0.00 0.00 15.00 0.00 0.00 0.00 AND WHEN RECORDED MAIL TO: city of Huntington Beach ATTN: Robin Estanislau, City Clerk P. 0. Box 190 Huntington Beach, CA 92648 THIS SPACE FOR RECORDER'S USE ONLY TITLE OF DOCUMENT: RESOLUTION NO. 2016-26 This dowment is solely for the oftldd buskum of the City of Huntington Beach,as contemplated under Govermnent Code Sec.6103 and should bi recorded free of dmkVs. THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) RESOLUTION NO. 2016-26 A RESOLUTION OF THE CITY COUNCIL OF TIIE CITY OF HUNTTINGTON BEACH ORDERING TIIE VACATION OF THAT CERTAIN PUBLIC RIGHT-OF-WAY EASEMENT GENERALLY LOCATED AT THE SOUTHERN TERMINUS OF DELAWARE STREET AA71JEREAS, on July 18, 2016, the City Council of the City of Huntington Beach adopted Resolution No. 2016-25 declaring its intention to vacate that certain public right-of-way easement generally located at the souther termvmus of Delaware Street, and referring to neaps and plans on file in the office of the City Clerk for particulars as to the proposed vacation; and Said resolution fixed the time and place of August 15 , 2016, at the hour of 6:00 P.M., or as soon thereafter as the matter could be heard, in the Council Chambers in the Civic Center, for hearing all persons interested in or objecting to the proposed vacation, wlvch time was not less than fifteen (15) days from the passage of this resolution. Notices of vacation were posted conspicuously along the easement section proposed for vacation, and such notices were posted not more than three. hundred (300) feet apart and at least three (3) were posted; and On August 15, , 2016, at the hour of 6:00 P.M., in the Cowicil Chambers in the Civic Center, the City Council of the City of Huntington Beach did convene for the purpose of hearing all persons interested in or objecting to the proposed vacation, at which tune no acceptable objection was made to said vacation, and evidence was presented showing that said easement is not necessary for present or prospective public uses and it is not suitable for use or development as bicycle paths or routes, NOW, THEREFORE,, the City Council of the City of Huntington Beach, pursuant to Division 9, Part 3, Chapter 3 of the California Streets and Highways Code, commencing with Section 8320, does resolve that the that certain public right-of-way easement generally located at the southern terminus of Delaware Street is not necessary for present or prospective public use, and is not suitable for use or development as bicycle paths or routes, and it is hereby ORDERED that the certain public right-of-way easement generally located at the southern terminus of Delaware Street is hereby vacated; and that the sections so vacated are more particularly described and depicted on Exhibits A and B attached hereto and incorporated by this reference. 16-51,99/134735 1 RESOLUTION NO. 2016-26 The Cite hereby resem,es and excepts froin the vacation a permanent easement and right at any time or from tune to time, to construct, maintain, operate, replace, remove, and/or renew public utility, water or sewer lines, and for the transportation or distribution of water including access to and from the property for said purpose, all as more particularly described and depicted on Exhibits C and D attached hereto and incorporated by this reference. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held thereof on the 15th day of , 20 6. Mayor INITIATED AND AP ROVED: REV IE E D APPROVED IPA Director of Publ '%�7orks r f Manager APPROVED AS FO City Attorney y(tel u�(� 16-51.99/134735 2 EXHIBIT "A" < <j� �a LEGAL DESCRIPTION SEP 15 2015 VACATION PORTION OF DELAWARE STREET I 1O)gL pRGPERTY L_ - h9ANAGEMENT THE LAND REFERRED TO HEREIN IS SITUATED IN THE CITY OF HUNTINGTON BEACH, COUNTY -- -- --OF-ORANGE,-STATE--OF CALIFORNIA. - _--_..._.---- -- _------ .---._. BEING A PORTION OF DELAWARE STREET AS DEDICATED TO THE CITY OF HUNTINGTON BEACH IN TRACT NO. 9580, AS PER MAP RECORDED IN BOOK 444, PAGES 29 THROUGH 31, INCLUSIVE, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, MORE PARTICULLARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF SAID DELAWARE STREET AND ATLANTA AVENUE AS SHOWN ON SAID TRACT NO. 9580; THENCE SOUTHERLY ALONG THE CENTERLINE OF SAID DELAWARE STREET SOUTH 00043'14" WEST A DISTANCE OF 734.69 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 500.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 4014'01" AN ARC LENGTH OF 36.95 FEET TO A POINT ON SAID CENTERLINE AND THE TRUE POINT OF BEGINNING, TO WHICH POINT A RADIAL LINE BEARS NORTH 86°29'13" WEST; THENCE DEPARTING SAID CENTERLINE SOUTH 89033'59" EAST A DISTANCE OF 32.89 FEET; THENCE SOUTH 80017'52" EAST A DISTANCE OF 7.20 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF SAID DELAWARE STREET AND THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIOUS OF 540.00 FEET, TO WHICH POINT A RADIAL LINE BEARS NORTH 86135'31" WEST; THENCE SOUTHWESTERLY ALONG SAID RIGHT OF WAY LINE AND SAID CURVE THROUGH A CENTRAL ANGLE OF 27027'28" AN ARC LENGTH OF 258.78 FEET TO A POINT ON THE WESTERLY BOUNDARY LINE OF SAID TRACT NO. 9580; THENCE NORTHERLY ALONG SAID BOUNDARY LINE NORTH 00043'14" WEST A DISTANCE OF 246.71 FEET; THENCE DEPARTING SAID BOUNDARY LINE SOUTH 89033'59" EAST A DISTANCE OF 38.64 FEET TO THE CENTERLINE OF SAID DELAWARE STREET AND THE TRUE POINT OF BEGINNING. CONTAINING AN AREA OF 12,381 SQUARE FEET MORE OR LESS QAOFESSI ST�'Iq� co �A w No.25083. s z W31/2015 .am RAN AL L_ ST ETER,*.CE. 83 EXPIRES 12-31-15 N�9�F CIVIL a�P Op CALIF©� HB -251- Item 13. - 5 EXHIBIT " B" DELAWARE STREET VACATION N89'43'00"E 1325.10' 40.00' AMANTA o A I? L, in �-- 0 -- 0 0 8 0' 40' 40' N 50' to LOT zz � C5 m sr A--4'07'43" N89'33'59 W 71.53' L=38.91' 38.64 32.89' N86'35'31"W RAD LOT 1 N2 Q N80'17'52"yy FESS/C �r 00 I _; T� �+ 7.20' k. pJ-L. S o C \ coo Z h o CT\ 14 !; �\' 2 N0.25083 7� z w EXP 12/31/2015 m i1 �► a /o ^ � � �'� � CALF co Q) Q 40• N67'38'48"W A RAD � LOT 2 00 SCALE: 1" = 6(' N59'08'03"W RAD \ `n \ LOT 3 \ \ ADAMS• STREETER DATE: 04-27-15 CIVIL ENGINEERS, INC. JA 14-1994 N89'43'00"W 1325.54' —~- 15 Corporate Park,lr i c,CA 92606 949)474-2330 Fax:949)474-0251 Item 13. - 6 HB -252- Res. No. 2016-26 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ROBIN ESTANISLAU the duly appointed, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven, that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a Regular meeting thereof held on August 15, 2016 by the following vote: AYES: Posey, O'Connell, Sullivan, Delgleize, Peterson NOES: None ABSENT: Katapodis, Hardy ABSTAIN: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California AFFIDAVIT OF POSTING NOTICE OF VACATION State of California ) County of Orange ) Travis K. Hopkins, being duly sworn, deposes, and says: That he is now and was during all the time mentioned the duly appointed and qualified Street Superintendent of the City of Huntington Beach, in said County and State. That on the 18th day of July, 2016 the City Council of said City passed its Resolution of Intention No. 2016-25 declaring intent to process a general street vacation of that certain public right-of-way easement generally located at the south terminus of Delaware Street as described in said Resolution No. 2016-25. That after adoption of said Resolution he caused to be posted conspicuously, along the right-of-way easement described in said Resolution, notices of passage of said Resolution and headed, "Notice of Vacation" one of which notices, similar to the notices posted as aforesaid, is annexed hereto and made a part hereof. That all notices were posted: (a) Three (3) notices of not more than one hundred (100) feet apart along the public easement frontage were posted. That he completed all the posting of said notices on the 27th day of July 2016, and thereafter he made this affidavit and filed it with the City Clerk of the City of Huntington Beach, California. Travis K. Hopkins Superintendent of Streets (Director of Public Works) Subscribed and sworn to before me on this day of , 2016 CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE §8202 i;&See Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1 Signature of Document Signer No 24Y a` A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy, or validity of that document. State of California Subscribed and sworn to (or affirmed) before me County of / on this day of 4-61'ts� , 2016 , by Date Month Year (1) / ''eA 'l's /-</- 4 //lam (and (2) ), Name(s) of Signer(s) proved to me on the basis of satisfactory evidence P. L. ESPARZA to be the person( who appeared before me. Commission#2032750 Notary Public-California i Z Orange County > i 1> My Comm.Expires Aug 4,2017 Signature i Signature of Nota lPublic Seal Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: 02014 National Notary Association •www.NationaiNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5910 Esparza, Patty From: David Ward [dward@ocregister.com] Sent: Tuesday, July 19, 2016 12:13 PM To: Esparza, Patty Subject: Re: Legal ad for the HB Wave Good afternoon Patty. Below is the proof,for your notice. Ad410183176 Run Date 7/28 & 8/4 Cost $402.00 PROOF RESOLUTION NO.20116-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DE- CLARING INTENT TO PROCESS A GENERAL STREET VACATION OF THAT CERTAIN PUBLIC RIGHT-OF-WAY EASEMENT GENERALLY LOCATED AT THE SOUTHERN TERMINUS OF DELAWARE STREET The City Council of the City of Huntington Beach does hereby resolve as follows: SECTION 1.A public meeting was held before the Planning Commission on February 9,2016,at which time it was determined,pursuant to Government Code Section 65402,that the proposed general street vacation of that certain public right-Of-way ease- ment generally located at the southern terminus of Delaware Street conformed to the City's general plan. SECTION 2 Pursuant to Division 9,Part 3,Chapter 2 of the California Streets and High- ways Code,commencing with Section 8320,the City Council of the City of Huntington Beach hereby declares its Intention to process a general street vacation of that certain pub- lic nght-of-way easement generally located at the southern terminus of Delaware Street as described and depicted on the attached Exhlbtts A and B which are Incorporated heron by this reference The City hereby reserves and excepts from the vamtion a permanent easement and npht at any time or from time to time.to construct,maintain,operate,replace,remove,and/or renew public utility,water or sewer lines,and for the transportation or distribution of water, Including access to and from the property for said purpose SECTION 3.The CM Clerk is directed to maintain on file in the office of the City Clerk maps or plans showing the particulars of the proposed general street vacation of that cer- tain public nghtof-way easement generally located at the southern terminus of Delaware Street,and reference is hereby made to such maps and plans for particulars as to said proposed vacation. SECTION 4.The CM Council does hereoy fix August 15.2016,at the hour of 6:00 p.m., or as soon thereafter as the matter may be heard in Council Chambers inthe Civic Center, as the time and place for heannq all persons interested to or objecting to the proposed va- cation,which time is not less than fifteen(15)days from the passage of this resolution. SECTION 5.The City Clerk is directed to cause a copy this resolution to be published in a weekly newspaper,published and circulated in Huntington Beach for at least two suc- cessive weeks prior to the time set herein for the public heannq. SECTION 6 The Director of Public Works is directed to post,or cause io be posted,noti- ces of vacation conspicuously along the easement proposed to be vacated at least two weeks before the date of the hearing The notices shall be posted not more than 300 feet apart,but at least three notices shall be posted. The notices shall state the day,hour,and place of the hearing,and shall refer to the adoption of this resolution of intention,and shall describe the easement or shall include a map or plan showing the location Of the ease- ment proposed to be vacated PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held thereof on the 18th day of July,2016 /s/James Katapodls Mayor REVIEWED AND APPROVED INITIATED AND APPROVED: Is/Fred A.Wilson /s/Travis Hopkins CM Manager Director of Public Works APPROVED AS TO FORM: Is/Michael Gates City Attorney Published:The Huntington Beach Wave July 28,August 4.201610183176 On Mon, Jul 18, 2016 at 8:51 PM, Esparza, Patty <PEsparzagsurfcity-hb.org> wrote: Hi David: Attached is a legal ad that needs to be published in the HB Wave 2 weeks in a row : July 28, 2016 and August 4, 2016. Please confirm when possible. i Thanks. Patty Esparza City of Huntington Beach David Ward Legal Advertising Phone: 714-796-6764 Email: dwardgocregister.com E-Fax: 714-347-2724 z 4 • � AFFIDAVIT OF PUBLICATION Proof of Publication STATE OF CALIFORNIA, ) ) ss. County of Orange ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the Huntington Beach Wave, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on July 1, 1998, Case No. A-185906 in and for the City of Huntington Beach, County of Orange, State of California; that the notice, of which the annexed is a true printed copy,has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: July 28,2016 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana, Orange County, California,on July 28,2016 Signature Huntington Beach Wave 625 N.Grand Ave. Santa Ana,CA 92701 (714)796-2209 1 x ui ai -toads aye eaIB luawanoidwl ssauisnq pasodold Gull io;pannboe.aq of'Rue 11'sluawanojd -wt ayj;Iaypnd 'aoueielal si41 4g utalay palelodloouw pue olaja,y payoege 10 ylglgx3 ut pat}toads ale eQIe luawanoidwi ssauisnq a41 wyltm sassausnq uo sluawssasse;o Anal ay1 Aq papunl aq of pasodad sagtAuoe pue sluawanadwi;o sadA1 io adA1 G41:£NOIl33S 'aouejejej slyl Aq ulajay pe -1e�od�oouw pue olajay payoege g llgl4x3 u!palsy alnpayos luawssasse a41 jad se LLOZ -9LOZ ITGA IBOsld Jo;eQUe 1ou1st0 ayl wyl!M sluawssasse 1oallOO pue Anal of Z NOIlo3S LLOZ-91OZ JBGA leOsid Jo;papiAwd aq 01 SG!jlAgoe pue sluawanwdwl ayi to uoll -duosap e pue LL0Z-9L0Z jeaA leosld jo;1a6pnq pasodad a sapn!out yolym'aouejejai siyl Aq utaia ._pala�odjooui pue.V 7lgl4x3 se olaiay payoeAe G0140 s,HIalO Ain ayl,ut pieog Nostnpd.ayl.Aq-palq.podad JBnuuV a1.11 SGAoldde Agajay pounoO A110 G41'L NOIl036 SMopo;se anloS -a�Agway seop yoeag uol6wlunH 10 Ai10 a41 10 pOunoO A116 G41'3HOd3H3Hl'MON pue':(„podaH lenuuy„'AIGA110a1100).,LLOZ-9u)e JeaA leosld Jo;la6png pasodad„pue„alea 01 IBGA leostd 9LOZ-9LOZ la6pne 6ugBjadO/podad lenuuy„ ue HIa!o Allo ayi y8m pall;pue paedaud sey pJe09 /uoslApy s,loulst0 ayi pue "bas la'0099£4 apoo sAemy6lH pue slaaJlS ul papelap ssaoad G41 of luensind LLOZ-9LOZ jeaA least;jo;luawssasse ue Anal of 6wsodad sl A1!3 a41 'bOOZ'L jagwaldes uo Lgg£ 'ON aoueutp�O;o a6essed a41 Aq'(„loulsi0„aq)laulst0 luawanadwl ssawsng uMoluM00 yoeag uol utlunH ay1 Se umouH'ease luawanatlw ssauisnq e pauwo;pounoo A110 ayi pue'Sluana pa -1elaj lsunol pue wsunol alowad 01 luawssasse leioads e Anal of pue yoeag uol6wlunH;o Al!o ayl wylim eaue li;auaq ssauisnq umolumop a ysllgelsa 01 686L 10 Mel BaIV luawanoJd -wl ssawsng pue 5ui{jpd ayi japun sbuipaeoad aouawwoo liounoo Al!o ayi legl palsenb -aI yoeag uol6wlunH 10 A110 ayi u!yl!M sassawsnq umolumop ayl;o Aluolew algeazts y PUB'satllAgoe pue.Sluawanoudwl asoyl ww;1ilauaq yolym Sassau -tsnq uo.sjuawssasse Anal of pazuoylne an sapto jeul puno;ainlelsi6al etwo;pe3 ayi pue 'sloujsjp ssauisnq jo uolsoJa luanajd pue sassausnq mau 1oujue'sgoL Glean'wsunol pue uoileztjel1AeJ olwouo0a alowad m japio'ul sassawsnq uo sluawssasse Anal of pazuoylne aye saillo leyl puno;('bas la 0099£4 apoo sAemy6lH pue s1Ga1S)686L 10 me-1 Bay luaw -anoidwl ssawsng pue 6wNied ayi 6ugdope w '6iniels!6al etwo;lle3 ayi 'SV3H3HM i3lH1SI01N3lN3AOHdlN!SS3NISn9 NMO1NM00 HOV39 NO1JN!1NnH 31-11 NIH11M LLOZ-903Z HV3A IVOSIA HOB 1N3ASS3SSV IVnNNV NV Mal Ol NOUN31NI S,WO 31-11 ONIHV-1030 HOV39 NOl0NI1NnH d0 AilO 3Hl HO TONnoo UO 31-11 d0 NoiinlOS3H V 6£-9LOZ'ON NoiimOS3H :molaq palwud-ai se 6£-903Z ON uolnlosaH ul llounop A110 Aq panadde se 686L 10 me-1 easy luawanoJdwl sseulsng pue 6u1NIBd ay1 Aq pann aj se sjagwego liounoo'laajiS u!elN OOOZ'jalueo OIA13 yoeag uolbuilunH Gyl le JageaJay;uoos JO Ad 00:9 le 9LOZ'9L lsn6ny uo pappayos buileaw sly le lo1I1s10 luawanadwl ssawsng umolumo0 yoeag uo16uw1unH a41 10 lemauej LLoe -9LOZ aq1 uo 6uueaH o!lgnd sit plo4 IPm lounoo A113 a411VH1 N3Alo A93H3H SI 301iON lVM3N3H i3lH1SI01N3A3AOHdm SS3NISng NMO1NM00 HOV39 NOl0NUNnH 3Hl HOd oNIHV3H ollgnd 30110N 011gnd ,HOV39 NOiDNliNnH�10 Alio 9LL£BLOL 91oZ'b 1snbny'8Z Ainr aneM yoeag uol6ugunH ayi:pays!lgnd AawouV Al!0 - 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County of Orange ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the Huntington Beach Wave, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on July 1, 1998, Case No. A-185906 in and for the City of Huntington Beach, County of Orange, State of California; that the notice, of which the annexed is a true printed copy,has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: July 28, 2016 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana, Orange County, California,on July 28,2016 �9 Signature Huntington Beach Wave 625 N. Grand Ave. Santa Ana,CA 92701 (714)796-2209 RESOLUTION NO.2016.25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH"DE{:a -= CLARING INTENT TO PROCESS A GENERAL STREET VACATION -';;; OF THAT CERTAIN"PUBLIC RIGHT-OF-WAY EASEMEN%"GENERALLY LOCATED-•%.% AT THE SOUTHERN TERMINUS DF DELAWARE STREET - - )JJd es J, The City Council of the City of Huntington Beach does hereby resolve as follows;' SECTION 1. A public meeting was held before the Planning Commission on `"+ ;a February 9,2016,at which time it was determined,pursuant to GovernmentCode:,Section 65402,that the proposed general street vacation ofthat ceitain-public:ight=of-way"ease- �` ment generally located at the southern terminus of Delaware Street conformed to the:Ci %s general plan. SECTION 2.Pursuant to Division 9,Part 3,Chapter 2 of the California Stre-ets:a'ndfHigh- ways Code, commencing with Section 8326,the City Council of the City:,of Huntington Beach hereby declares its intention to process a general'street vacation-of that certain pub- lic right-of-way easement generally located at the southern terminus of Delaware Street as j described and depicted on the attached Exhibits A and B which are incorporated herein by this reference. The City hereby reserves and excepts from the vacation a permanent easement and right at any time or from time to time,to construct,maintain,operate,replace,remove,and/or renew public utility,water or sewer lines,and for the transportation or distribution of water, including access to and from the property for said purpose - SECTION 3.The City Clerk is directed to maintain on file in the office of the City Clerk maps or plans showing the particulars of the proposed general street vacation of that cer- tain public right-of-way easement generally located at the southern terminus of Delaware Street,and reference is hereby made to such maps and plans for particulars as to said proposed vacation. SECTION 4.The City Council does hereby fix August 15,2016,at the hour of 6:00 p.m., _ or as soon thereafter as the matter may be heard in Council Chambers in the Civic Center, as the time and place for hearing all persons interested in or objecting to the proposed va- cation,which time is not less than fifteen(15)days from the passage of this resolution. SECTION 5.The City Clerk is directed to cause a copy this resolution to be publishedin a weekly newspaper, published and circulated in Huntington Beach for at least two suc- cessive weeks prior to the time set herein for the public hearing. SECTION 6.The Director of Public Works is directed to post,or cause to be posted,noti- ces of vacation conspicuously along the easement proposed,to be vacated'at'least two weeks before the date of the hearing, The notices shall be posted not more than 300 feet apart,but at least three notices shall be posted. The notices shall state the day,hour,and place of the hearing,and shall refer to the adoption of this resolution of intention,and shall describe the easement or shall include a map or plan showing the location of the ease- ment proposed to be vacated. - PASSED AND ADOPTED by the City Council of the City of Huntington Beach at,a regular meeting held thereof on the 18th day of July,2016. .. - /s/James Katapodis Mayor REVIEWED AND APPROVED INITIATED AND APPROVED: . /s/ Fred A.Wilson /s/Travis Hopkins- - City Manager Director of Public Works - APPROVED AS TO FORM: /a/Michael Gates City Attorney Published:The Huntington Beach Wave July 28,August 4,2016 10183176 CITY OF HUNTINGTON BEACH " PUBLIC NOTICE PUBLIC HEARING FOR THE HUNTINGTON BEACH DOWNTOWN BUSINESS IMPROVEMENT DISTRICT RENEWAL NOTICE IS HEREBY GIVEN THAT the City Council will hold its Public Hearing on the 2016- 2017 renewal of the Huntington Beach Downtown Business Improvement District at its meeting scheduled on August 15,2016 at 6:00 PM or soon thereafter at the Huntington Beach Civic Center,2000 Main Street,Council Chambers as required by the Parking and Business Improvement Area Law of 1989 as approved by City Council in Resolution No 2016-39 as re-printed below: - RESOLUTION NO.2016-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING THE CITY'S INTENTION TO LEVY AN ANNUAL ASSESSMENT FOR FISCAL YEAR 2016-2017 WITHIN THE- HUNTINGTON BEACH DOWNTOWN BUSINESS IMPROVEMENT DISTRICT'. f _ WHEREAS,the California Legislature, in adopting the Parking'and Business Improve- 1 ment Area Law of 1989(Streets and Highways Code§36500 et seq.)found that cities are r authorized to levy assessments on businesses in order to"promote economic revitalization and tourism,create lobs,attract new businesses and prevent erosion of business districts; and The California Legislature found that cities are authorized to levy assessments on busi- nesses which benefit from those improvements and activities;and' - A sizeable majority of the downtown businesses within the City of Huntington Beach re- quested that the City Council commence proceedings under the Parking and Business Im- provement Area Law of 1989 to establish a downtown business benefit area within the City of Huntington Beach and to levy a special assessment to promote tourism and tourist relat- ed events,and The City Council formed a business improvement area,known as the Huntington Beach Downtown Business Improvement District(the"District"),by the passage of Ordinance"No. 3661 on September 7,2004. The City is proposing to levy an assessment for fiscal year 2016-2017 pursuant to the process detailed in Streets and Highways Code§36500,at seq.; and The District's Advisory Board has prepared and filed with the City Clerk an "Annual Report/Operating Budget 2015-2016 Fiscal Year to Date"and"Proposed Budget for Fiscal Year 2016-2017"(collectively,"Annual Report");and NOW,THEREFORE,the City Council of the City of,Huntingtoa Beach does hereby re- I solve-as follows: SECTION 1.The City Council hereby approves the Annual Report filed by the Advisory Board in the City Clerk's office attached hereto as Exhibit A and incorporated herein by this reference,which includes a proposed budget for Fiscal Year 2016-2017 and a descrip- tion of the improvements and activities to be provided for Fiscal Year 2016-2017 SECTION 2.To levy and collect assessments within the District area for Fiscal Year 2016- 2017 as per the assessment schedule listed in Exhibit B attached hereto and-incorporat- ed herein by this reference. SECTION 3:The type or types of improvements and activities proposed to be funded by the levy of assessments on businesses within the business improvement area are specified in Exhibit C,attached hereto and incorporated herein by this reference. Further,the im- provements,if any,to be acquired for the proposed business improvement area are speci- fied in Exhibit C. SECTION 4.A pubic hearing shall be held before the City Council on August 15,2016,at ' 6.00 p.m,or as soon thereafter as this matter may be heard,in the Council Chambers of the City Hall,2000 Main Street,Huntington Beach,California,at which time the Council will hear all interested persons for or against levying of the assessment,and the furnishing of specified types of improvements or activities. Protests may be made"oral] or in writing; but,rf written,shall be filed with the City Clerk at or before the time fixed for-the hearing and contain sufficient documentation to verify business ownership and validate the particu- lar protest. Any protest pertaining to the regularity or sufficiency of the proceedings shall be in writing and shall clearly set forth the irregularity or defect to which the objectionis made.The City Council may waive any irregularity in the form or content of any writtempro- test,and at the public hearing,may correct minor defects in the proceedings. A wtitten protest may be withdrawn in writing at any time before the conclusion of the public-hearing set forth above.If written protests are received by the owners of businesses within the;Dis- tact,which will pay 50%or more of the total assessments to be levied,no further proceed- ings to levy the proposed assessment shall be taken for a period of one year from the date of the finding of a majority protest by the City Council. If the majority protest is only against the furnishing of a specified type or types of improvements or activity within the District, those types of improvements or activities shall be eliminated. ' SECTION 5.The-City Clerk is hereby directed to provide notice of the public hearing by causing the this resolution of intention to be published once In a newspaper of genera r cir- culation at least seven days before the public hearing. , SECTION 6.Further information regarding the proposed business improvement district may be obtained at the Huntington Beach City Hall,2000 Main Street,Huntington Beach, California 92648;telephone(714)536-5582;or from the Huntington Beach Downtown Busi- ness Improvement District,315 3rd Street,Suite E,Huntington Beach,CA 92648,(714)'536 B300. - - SECTION 7.The City Clerk shall mail a complete copy of this resolution of intention by first-class mail to each business owner,in this area within seven days after the Council s adoption of this resolution. j SECTION 8.This resolution shall take effect immediately upon adoption: PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular j meeting thereof held on the 18th day of July,2016. Copies of the exhibits referenced above are available in the office of the City Clerk or upon request by calling Simone Siifman at (714) 375-5186 or through the City's webstte at: htlp://www.huntingtorbeachca.gov/Government/Agendas. Downtown Business Improvement District Proposed Assessment Formula 2016-2017 - i Retail Businesses 1,000 sq.ft,or less $300 Includes NaillHaidSkin .-_....._ -- ,,o01sgR.,io2,500sq.f€�—` $600 s .ft to 4,999 N.It $900 S,OOtl sgvft,or more 51;200 Restaurants 1,000 ss ,ft or le 1 $300 1,Otl1 sq.ft.Co 2,5tl0 soft. $60C 2,501 s.ft.to 4,999 sq.ft I $900 5 OOO sq ft,or_more $1,200 --------------.._..._.,.,_.._._. Hotels 20 rooms or less $180 ' -- 21-50 rooms $360 —____.____....__;._____.._.___........_.._.-..._..-.........._.__,._....._.._......_.... 51+.rooms $6tl0 Se vicEs Off ce` I First Floor $240 Second floor or higher $120 C I:K:iosk _ s80' Banks/ATM $600 Benefit Zotte' Retail Businesses $300 i!(Includes Nail/Hair/Ski1 Sato F _ Restaurants $300 Hotels 20 rooms or less $180, L_........__....._....._.............._..:.21-50-rooms_.._.-_,._...__.__- ...$360 51+rooms $$00 Se vice/Ofiffce' First Floor $120 I mm Second Boor or hi her 560 Cart/Kiosk $30 Banks/ATM $600 6 Assessments Excluded for Apartments,real estate agents,non-profits, home based businesses,and temporary vendors. - c Temporary businesses (defined as business open 60 days or less( pay 50%of yearly assessed fee rate. e Businesses and non-profit organizations outside the area may join with the approval of the BID Board by paying the equivalent fee annually. ` o Non-profit organizations within the BID Assessment Zone can voluntarily participate by paying$30 to the Downtown BID directly. ..�v - ._._-,__ _ _.•..._.•...-.... Ir l•• 17 -., Huntington Beach . Dovtntawn Busness lnlpravemen#District Boundaries and Benefit Zones 1$2 ublished:The Huntington Beach Wave July 28,201610183197 DELAWARE STREET Jr.SOUTHERN TERMINUS VACATION Location: South of Atlanta Avenue and south of the intersection of Delaware Street and Mainmast Drive (private street) Description: City right-of-way easement (12,381 square feet) SITE HISTORY- ■ In 1978, as part of the adjacent townhome development, the subject easement was dedicated to the City on Tract Map No. 9580 for public street purposes. ■ In 2013, the Circulation Element update to the City's General Plan was adopted by City Council which included deleting the portion of Delaware Street (south of Atlanta Avenue) as an arterial highway. VICINITY MAP W 1 L+� `,iLnt PROPOSED VACATION AREA 4 BEACH BLVD SEASIDE VILLAGE TOWNHOMES i AMA 4DELAWARE�- WZ 7 INTENT OF VACATION : • To vacate the City's interest in the subject right-of-way easement since it is no longer needed to provide vehicular access to the surrounding streets or properties it was intended to serve. • Seaside Village Towne Home Development adjacent to the property is the underlying property owner. REQUEST.- Pursuant to requirements of the California Streets & Highways Code, Public Works Department requests City Council to adopt Resolution 2016-26 ordering the vacation of the right-of-way easement at the southerly terminus of Delaware Street.