HomeMy WebLinkAboutROI NO 1681RESOLUTION OF INTENTION NO. 1681
A RESOLUTION OF THE COUNCIL DECLARING ITS INTENTION
TO ORDER THE VACATION OF 27TH STREET BETWEEN THE EAST
RIGHT-OF-WAY OF CHESTER AVENUE AND THE WEST RIGHT-OF -
WAY OF "K" STREET, AND A PORTION OF THE NORTH SOUTH
ALLEY BETWEEN 28TH STREET AND 26TH STREET. (WARD 2)
WHEREAS, the City has received a request by San Joaquin Community Hospital in
preparation for a redevelopment project on the adjacent properties to vacate 271h
Street between the east right-of-way of Chester Avenue and the west right-of-way of
"K" Street, and a portion of the north south alley between 281h Street and 2611, Street;
and
WHEREAS, for the above-described project, it was determined that the proposed
vacation is exempt from CEQA, pursuant to Section 15061 (b) (3) of CEQA Guidelines
(General Rule) in that there is no possibility that the proposed action could have a
significant effect on the environment; and
WHEREAS, in accordance with Bakersfield Municipal Code Section 2.28.120, the
proposed vacation was found to be consistent with the Metropolitan Bakersfield
General Plan pursuant to Government Code 65402 by the Planning Director on
November 17, 2010,
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as
follows:
1. The above recitals are true and correct and are incorporated herein.
2. This Resolution is adopted pursuant to Section 8300, et seq, of the Streets and
Highways Code of the State of California,
3. The Council intends to order the vacation of 27th Street between the east right-
of-way of Chester Avenue and the west right-of-way of "K" Street, and a portion
of the north south alley between 281h Street and 26th Street, all in the City of
Bakersfield, County of Kern, State of California, more particularly described in
Exhibit "A" and shown in Exhibit "B" attached hereto and made part hereof.
4, The City is to reserve a Public Utility Easement (PUE) over the vacated area.
5. Access easements will be reserved by the final resolution and or separate
documents over those portions of the 27th Street and the alleys or the project site
to provide property owners adjacent to said alleys for clear and safe, ingress
and egress for employees, delivery and municipal vehicles from the north to
Chester Avenue and from the south to "K" Street, see Exhibits "A" & "B", Final
access locations to be approved and acceptable by all property owners
adjacent to said alleys by noon March 16, 2011.
February 3, 2011 8:42 AM
S:\STREETVACATI0NS\27T11 ST -SJCH/ROI
> as+
~ 0-1-
ORIGINAL
6. 5:15 PM, or as soon thereafter as the matter may be heard, on Wednesday,
March 30, 2011, in the Council Chambers, City Hall, 1501 Truxtun Avenue,
Bakersfield, California, is hereby fixed as the time and place when all persons
interested in or objecting to the proposed vacation may appear before the City
Council and be heard.
7. The City Clerk shall cause notice of the date, hour, and place of said hearing on
this Resolution to be published for two successive weeks prior thereto in The
Bakersfield Californian and the Superintendent of Streets of the City of
Bakersfield, California, shall cause "Notice of Vacation" to be posted as required
by Section 8323 of the Streets and Highways Code of the State of California.
8. The City Clerk shall certify to the passage of this resolution and shall cause the
some to be posted on the bulletin board at City Hall, 1600 Truxtun Avenue, in the
City of Bakersfield, within fifteen (15) days after its passage,
000---------------
February 2, 2011 4:27 PM
S:\STREETVACATIONS\27TH ST -SJCH/ROIm
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by
the Council of the City of Bakersfield at a regular meeting thereof held on
FEB 1 6 2011 by the following vote:
YE , COUNCILMEMBER: SALAS, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, JOHNSON
NOES: COUNCILMEMBER: V~
ABSTAIN: COUNCILMEMBER:
ABSENT: COUNCILMEMBER: (~jZ!\SL.
v
ROBERTA GAFFORD, C
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED FEB 1
HARVEY L. HALL
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
XSHUA RUDNICK
eputy City Attorney
Attachments: Exhibit "A"
Exhibit "B"
~ m
r
U O
ORIGINAL
February 2, 2011 4:27 PM - 3 -
S:\STREETVACATIONS\27TH ST -SJCH/ROI
EXHIBIT "A"
Being those streets and allies adjacent to and within Blocks 487 & 514 per the
Map of the City of Bakersfield dated November 25, 1898 filed in Book 1 at page
15 & 16 in the office of the Kern County Recorder also being a portion of the
Southwest quarter of Section 19, Township 29 South, Range 28 East, Mount
Diablo Base and Meridian, City of Bakersfield, County of Kern, State of
California, more particularly described as follows:
All of the street Right of Way for: 27th Street between the East Right of Way line
of Chester Avenue and the West Right of Way of "L" Street; the 20 wide
north/south alley in said Block 487 from the South Right of Way of 27th Street to
the Easterly prolongation of the South line of Lot 15 of said Block 487; the 20
wide north/south, alley in said Block 514 from the North Right of Way of 27th
Street to the Easterly prolongation of the North line of the South 15 feet of Lot 17
of said Block 514.
Reserving a non-exclusive Public Utility Easement (PUE) over portions of the
vacated area.
Reserving a non-exclusive access easement over the following vacated area: a
portion of 27th Street as shown on the site plan labeled Exhibit A accompanied
with letter dated 2-1-2011 from All American Carpet (final meets and bounds
description to be determined prior to the final hearing); the 20 wide north/south
alley in said Block 514 from the North Right of Way of 27th Street to the Easterly
prolongation of the North line of the South 15 feet of Lot 17 of said Block 514.
SAStreet Vacations\27th Street - SJCH\EXHIBIT A.doc
ORIGINAL
SAKX_
F- m
Z5
EXHIBIT B
Legend
N 0 50 100 Feet
Road
Parcels
Proposed Project Area
Proposed Street and Alley Vacation
Proposed Access Easements
~ rn
v o
ORIGINAL
Page 1 of 1
Michelle Mendenhall - Objection to request to vacate 1200 block of 27th St
From: "Michael J. Dailllak" <mikel 1318@aol.com>
To: <mmendenh@bakersfieldcity.us>
Date: 11/29/2010 5:54 PM
Subject: Objection to request to vacate 1200 block of 27th St
CC: "'William Daillak"' <wdaillak@yahoo.com>, <rdaillak@gmail.com>
Dear Ms. Mendenhall,
Thank you for answering my telephone questions regarding the notice letter dated November 9, 2010.
Please acknowledge that this email constitutes an acceptable "in writing" objection to the requested vacation.
As you are aware I am a co-owner, equally with my two brothers, of slightly more than one-quarter of the block
bounded by 27th & 28th Streets and K & L Streets. Our property encompasses four two-bedroom single family
rental house (two on 27th Street and two on L Street), which are adjacent to a fifth three bedroom rental house
which is at the northwest corner of 27th & L Streets. These houses were all built between 1910 and 1930 by our
maternal grandfather. We grew to adulthood living in one of the two bedroom houses. So we are no strangers
to the City, nor the neighborhood. I am the only owner still a resident of the City, I am the designated managing
memberof our joint venture and speak for all of us.
As I expressed to you verbally, the situation, and height, of the proposed first building on what is now the
southwest corner of 27th & K Streets, and a possible second, similar height, building at what is now the
northwest corner of 27th & K Streets, leaving a quasi open space corridor from a one-story access/parking
utilization of the area between Chester Avenue and K Street where 27th Street now exists is not objectionable.
However, when I asked if the vacation by the City could be made contingent upon this placement, or at least
contingent on the quasi open space corridor from a one-story access/parking utilization of the area between
Chester Avenue and K Street where 27th Street now exists, you told me that was not possible. Consequently, I
must object to the vacation out of concern that if the plans ultimately change so that our property - and its
tenants - are on the back side of development of contiguous four story structures, the general atmosphere
would be depressing psychologically and would diminish the value of all properties on the immediate east side
of the project.
Sincerely,
Michael J. Daillak, CPA
~ m
U r
ORIGINAL
file://CADocuments and Settings\mmendenh\Local Settings\Temp\XPgrpw... 11/30/2010
CHARLES COSSA ENTERPRISE
7212 PALM TREE CIRCLE
BAKERSFIELD, CALIFORNIA 93308
November 30, 2010
Raul Rojas
Public Works Director
City of Bakersfield
Dr. Mr. Rojas:
My name is Carl Bowser. I am part owner and president of the partnership known
as Charles Cossa Enterprise. Charles Cossa Enterprise owns the property at 2712
Chester Avenue as well as the 1't Trust Deed on the two properties that front K St.
and 28th St. All three properties use the same alley. This alley is used by large
trucks and must have access to proceed south once entering the alley from the
north. If this cannot be accomplished, we would not be in favor of the plan to vacate
the alley.
An alternative may be a left turn (east) to K St. If you would like to discuss this
further please contact me at 332-1618.
Thank you.
Sincerely: Q
Carl Bowser
President, Charles Cossa Enterprise
m
r
v O
ORIGINAL
v
11/23/2010
Raul M. Rojas
Public Works Director
City of Bakersfield
Dear Mr. Rojas,
UN
2726 Chester Avenue
Bakersfield, CA 93301
B61 /325-9468
Fax: 661 /325-1 535
My name is Ken Quarnberg and I am the president of Valley Gun, Inc. as well as the
owner of the property located at 2728 Chester Ave. I have received a letter, dated
November 9, 2010, concerning a request to vacate 27`n Street between Chester Ave. &
"K" Street along with portions of the alley to the north and south of 27`" Street. I am
concerned about the possible negative effects on my business and my property. The
letter contained no information as to the duration or the purpose of the vacation.
I am concerned about disruption to my business caused by lack of available parking or
access. I have spoken to Michael Passaglia, who owns the property immediately to the
south of me. He was indicating the employee parking behind his store may very well be
affected. If this is the case, it will certainly cause competition for available parking
spaces with his employees and mine. As it is, we try very hard to maintain as much
available Narking for clients of our businesses as possible. I ask my employees to park
across 28 Street where there is minimal interference with any business parking in the
area.
If the proposed vacation causes a loss of available parking, this will cause a hardship on
my business and negatively impact my property values. I think everyone will agree
clients will go elsewhere if they find it impossible to find close, suitable parking. In this
economy, I cannot support anything which may have a negative impact on my ability to
make a living and provide a living for those I employ.
At this time, I wish to oppose this plan until I am informed as to what the vacation
request is for and how access will be handled. My concern is that the final plan be
something which is beneficial to and satisfactory with the established businesses in the
immediate area. ,
Thank
consideration,
O~~AK~9.n
m
ORIGINAL
eiF : r
JW i.•
V p ~•pr~t, Inc.
• 2718 Chester Avenue • Bakersfield, CA 93301
• (661) 325-3767 • FAX: (661) 325-2056 •
"quality products, competitive pricing and exceptional customer service "
Raul Rojas
Public Works Director
City of Bakersfield
Mr. Rojas,
November 16, 2010
My name is Michael Passaglia and I am the president and property owner of All American Carpet Inc. located at
2718 Chester Avenue, Bakersfield CA. I received a letter from you stating that you have received a request to
vacate 27`h street between Chester Ave & K street and portions of the north and south alley.
I have approx 7 parking places behind my building for employees and customers I also receive deliveries here on
a daily basis through this alleyway. Our customers and employees enter from the north end of the alley and exit
to the south as well as delivery trucks and vans. There is not enough room in the alley to back out and turn
around and exit to the north, not to mention having to have delivery trucks and vans back out down the alley to
the north.
I spoke with Michelle Mendenhall this morning about what the alternate public access is going to be and she
could not tell me as she said that plan was not done yet.
I believe if this alley is closed not only would it be an extreme hardship on my employees, my customers, my
delivery drivers, and my business and it would also seriously impact my property values. I want to go on record
as onpoing this plan. I could reconsider when a plan for alternate access is done and is satisfactory to our
neighbors on both sides of the alley and us.
Michael A
All Americ
Carpet Inc.
O~~AK~yc~
V
ORIGINAI
VALLEY,
12/15/2010 V UN
2728 Chester Avenue
Paul M. Rojas Bakersfield, CA 93301
Public Works Director 661/325-246S
Fax: 661 /325-1 535
City of Bakersfield
Dear Mr. Rojas,
A few weeks yo I had written you a letter voicing my opposition to the proposed
vacation of 27 Street between Chester. Ave. & "K" Street, along with portions of the
alley to the north and south of 27`x' Street (the San Joaquin Community Hospital project).
In my opposition letter, I' expressed concerns about available parking as well as whether
the project would be beneficial to and satisfactory with the established businesses in the
immediate area.
Since the time of my letter, I have had the opportunity to meet with Robert Beehler and
Sam Itani of San Joaquin Community Hospital. They explained the project to me and
illustrated the proposed changes to the neighborhood as well as how Valley Gun may be
affected.
At this time, all of my objections have been met and I wish to withdraw my objection to
the proposed vacation. If you have any questions or require any further information from
me, please call me at 661-325-9468.
Thank
Valley
and consideration,
O~ ~ AK~~crt
~ r
rn
U p
ORIGINAL
Jan 03 11 01:12p
CHARLES COSSA ENTERPRISE
7212 PALM TREE CIRCLE
BAKERSFIELD, CALIFORNIA 93308
November 30, 2010
Paul Rojas
Public Works Director
City of Bakersfield
Dr. Mr. Rojas:
My name is Carl .Bowser. 1 am part owner and president of the partnership known
as Charles Cossa Enterprise. Charles Cons, Enterprise owns the property at 2712
Chester Avenue as well as the 1"1 Trust Deed on the two properties that front K St.
and 28th St. All three properties use the same alley. This alley is used by large
trucks -and must have access to proceed south once entering the alley from the
north. If this cannot be accomplished, we would not be in favor of the plan to vacate
the alley. -
An alternative may be a left turn (east) to K St. If you would like to discuss this
further please contact me at 332-1618.
Tbank yon.
Sincerely:
(11&113wul_~
Carl Bowser
President, Charles Cosa Enterprise
//3Vi/ -
'2 S Q G c-t 3'S • j ca fZ S i~2~ P
7` 4 .4-e (,Z-551y .
p.2
~~PK~9s
T
PAGE 212" RCVD AT 1!312011 1:20:90 PM 1Pacllic &andard TIme1' SVR: NEWYORK/3' DN18:2011 . C81D: 'DURATION (mm-9s):01-06
C7
ORIGINAL
• 2718 Chester Avenue • Bakersfield, CA 93301 •
• (661) 325-3767 9 FAX: (661) 325-2056 •
"quality products, competitive pricing and exceptional customer service"
February 1,2011
Bakersfield Public Works Department
1600 Truxton Avenue
Bakersfield, California 93301
Attention: Raul Rojas, Director
Bakersfield Public Works Department
1600 Truxton Avenue
Bakersfield, California 93301
Attention: Robert Wilson Supervisor II Subdivisions
Bakersfield Public Works Department
1600 Truxton Avenue
Bakersfield, California 93301
Attention: Michelle Mendenhall
r__ !`1_~_a i__ /rl__ i.. /"1_~~__~!a-_ ii__~!L_■ /t7___a!_~ AO A'I~
Ladies And Gentlemen:
The undersigned, as President of All American Carpet, Inc (hereinafter referred to as "AAC") has previously sent
a letter to the attention of the Bakersfield Public Works Department Director on November 16, 2010 concerning
the letter Received from Robert Wilson, dated November 9, 2010, pertaining to the San Joaquin Community
Hospital request to vacate 2/h Street between the east right of way of Chester Avenue and the west right of way
of "K" Street, and to vacate a portion of the north south alley within the project are between 28th and 26th Streets,
and AAC's objection to the project.
After filing the initial objections in behalf of AAC, which is located at 2718 Chester Avenue, Bakersfield
California, Adjacent to the proposed project, I met with individuals at San Joaquin Community Hospital. During
the course of our meeting they presented two color diagrams regarding Phase I and Phase II of there proposed
project. I included these diagrams as Exhibit "A" and Exhibit "B" in my letter to you outlining my objections
dated December 29, 2010.
The letter dated December 29, 2011 was also copied to Sam Itani of Sam Joaquin Community Hospital and
Bakersfield City Council Member Benham. Shortly after I sent the letter I received a copy of "Resolution of
Intention NO. 1681" from Sam Itani at San Joaquin Community Hospital. I also met with Sam Itani on Thursday
January 24th at my office and he brought in additional documents and drawings showing that they intend to
provide property owners adjacent to said alleys a permanent solution for ingress and egress for employees,
delivery and municipal vehicles from the north to Chester Ave.
d '
~ eat
CF
ORIGI,NAvI
I have enclosed with this letter a drawing I was given by Sam Itani at our meeting on January 24th as "Exhibit A".
I have also indicated on the attached exhibit "A" The location of AAC's property and the proposed route of
ingress and egress. This is an acceptable solution to AAC.
As stated in my letter dated December 29, 2010 as long the ingress and egress issues are addressed, provided and
secured through conditional language and written and recordable easements, then AAC withdraws it's objections
to the vacation of 27' Street and alleyways.
Very truly yours,
All American Carpet, Inc
J
r
By:
icha A. Passaglia, esident
CC: Sam Itani / San Joaquin Community Hospital
Sue Benham
~~AKF9
d s~,
m
r
U O
ORIGINAL
0GITVo
12 d3
G) v
Z •,J~
ON
architecture planning
my
I
4
I`~ 8i IlMI
L--------------
I
27TH SI EETS`
I
I -
I W ! ! PRCPOSWINIEDrAL
W ~
Icc I ! ! ...Qa9
i
W
IN I~~ I
S
- - - - - - - - - - - - - - -
I
i
I
I~
IW
IY
m
MEDICAL OFFICE BUILDING
SAN JOAQUIN COMMUNITY HOSPITAL
6r
A4
10175.000
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern )
ROBERTA GAFFORD, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 22nd day of February, 2011 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Resolution of Intention No. 1681,
passed by the Bakersfield City Council at a meeting held on the 16th day of February,
2011 and entitled:
A RESOLUTION OF THE COUNCIL DECLARING ITS INTENTION TO
ORDER THE VACATION OF 27TH STREET BETWEEN THE EAST
RIGHT-OF-WAY OF CHESTER AVENUE AND THE WEST RIGHT-OF-
WAY OF "K" STREET, AND A PORTION OF THE NORTH SOUTH
ALLEY BETWEEN 28TH STREET AND 26TH STREET. (WARD 2)
ROBERTA GAFFORD
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By:
DEPU City erk
SADOCUMENT\FORMSWOP. ROl.wpd
o d.~
m
H r
U CD
ORIGINAL