AGENDA
ITEM
14 AGENDA
CALEXICO California ITEM
WHERE CALIFORNIA AND MEXICO MELA
14 CITY COUNCIL
AGENDA STAFF REPORT
DATE: July 2, 2025
TO: Mayor and City Council
APPROVED BY: Armando Orozco, Interim City Manager/Police Chief? PREPARED BY: Michael Coyne, Planning & Building Director SUBJECT: Public Hearing on a Resolution of the City Council of the City of Calexico Vacating a Portion of Frontage Road (Birch Street) between Eady Avenue and Lacy Avenue and Authorizing the City Manager to Quitclaim Said Portion to the Calexico Unified School District.
========
Recommendation:
Adopt a Resolution of the City Council of the City of Calexico Vacating a Portion of Frontage Road (Birch Street) between Eady Avenue and Lacy Avenue and Authorizing the City Manager to Quitclaim Said Portion to the Calexico Unified School District.
Background:
The Calexico Unified School District, in collaboration with the Imperial County Office of Education, is requesting that the City vacate a portion of Frontage Road, an undeveloped street adjoining the Mains Elementary School campus, between Eady Avenue and Lacy Avenue. The subject street is reserved as a 60-toot right of way for vehicular access, however, full street improvements were never completed.
However, a six-foot wide sidewalk connecting sidewalks on Eady Avenue and Lacy Avenue has been built within this right of way. The Calexico Unified School District has also encroached into this right of way by expanding the Mains Elementary School Campus to include a significant portion of the right of way within their school grounds. The encroachment has existed for several decades and the School District has progressively made improvements to the occupied area, including relocation of the school fence to include the area, installation of landscaping and irrigation, placement of a modular building, and corresponding parking lot improvements. The modular building previously housed the Calexico Family Resource Center, which was relocated in 2020 resulting in the subsequent removal of the modular building in 2021. The Imperial County Office of Education (ICOE), in coordination with the School District, now wishes to install a new modular facility, roughly in the same location as the previous one, to operate a Head Start daycare facility, as shown in Attachment No. 1. As the Head Start program is grant-funded, during the due diligence for the grant, the ICOE was apprised of the fact that the area they wished to lease from the School District was in fact City property. As such, to remedy the situation and allow the project to move forward, the School District and ICOE, are requesting vacation of the currently occupied area of the City's right of way.
Discussion and Analysis:
The subject right of way portion, "Frontage Road", is located along Highway 98 between Eady Avenue and Lacy Avenue, abutting the Mains Elementary School Campus to the north as shown in Attachment No. 2. The area requested for vacation is approximately 268.5 feet long and 60 feet wide subject to the reservation of the existing sidewalk now constructed along the south side for public purposes. In 2015, the City quitclaimed the remaining 350 'x 60' portion of the unbuilt street to the California Department of Transportation for construction of a detention basin related to Highway 98 improvements. The adjoining properties are located within the Open Space and Single-Family Residential Zones.
Although dedicated as a street in the late 1960's with the development of the adjacent tract subdivision, which included the school site, the street was never constructed. The City's action in 2015 to quitclaim a portion of the unbuilt street to Caltrans for stormwater improvements, limited the possibility of a through frontage street connecting Eady Avenue and Lacy Avenue. As such, the Public Works Department does not currently have any current or future plans to construct the street as part of its adopted Capital Improvements Program. Furthermore, pursuant to California Government Code Section 65402(a), the subject right of way is not identified as a General Plan Circulation Element street for current or future use and is not needed as part of the City's street circulation network. Staff has evaluated the School District's requested street vacation and, based on these factors, has determined that the subject portion of Frontage Road, exclusive of the existing sidewalk, is no longer necessary for its originally intended public access purposes.
Streets and Highways Code Section 8300 et seq. establishes a procedure for vacating streets, highways, and public services easements that are no longer needed for present or future use. The first step in the procedure was to adopt a resolution of intent to vacate the street, highway, or public service easement, and set a public hearing on the vacation. This was completed per City Council Resolution No. 2025-34 adopted on May 21, 2025. Conducting the public hearing and adopting the attached Resolution will make the vacation effective. The vacation will officially be complete upon the City Clerk's recordation of the Resolution and a Quitclaim Deed at the Imperial County Recorder's Office. The Quitclaim Deed will transfer title to the property to the Calexico Unified School District.
This action is not subject to the California Environmental Quality Act ("CEQA") pursuant to Section 15060(c)(3) (the activity is not a project as defined in Section 15378 of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly). Even if the vacation is considered a project under CEQA, it is exempt pursuant to State CEQA Guidelines Section 15061(b)(3) as it does not propose any changes to the subject roadway area and it has no potential to result in a significant effect on the Fiscal Impact: The Calexico Unified School District has agreed to bear the costs of preparing all necessary engineering and legal documents for the proposed right of way vacation, and, as such, there are no direct fiscal impacts to the City.
Attachments):
1. Proposed Head Start Daycare Site Plan
2. Right of Way Vacation Area Exhibit "B"
3. Draft Resolution
ATTACHMENT NO. 1
Birch Avenue (Stale Highway 98)
Open grass area
Lacy Avenue
Parking Lot
Play Area
Classroom Building
Playground Shado
Statagt
Solar Panels
Fire Lane
School District
Grass Area
23: UPROx
Early Care and Education Program - Proposed Site Pian - Little Bulldogs ATTACHMENT NO. 2
EXHIBIT "B" - PROPOSED
A PARCEL OF LANDING BEING A PORTION OF LACY SUBDIVISION, RECORDED AS BOOK 11, PAGE 48 (FM 11-48) OF FINAL MAPS (FM 11-48), ON FILE IN THE OFFICE OF THE IMPERIAL COUNTY RECORDER.
STATE HIGHWAY NO. 9 8
N 89'43'55" W 778.52' R
- 350.00 R(CALC) - 268.48' (CALC)
FRONTAG E §PARCEL 35024-1 PROPOSED LOT 'A'
t0.37 ACRES 60.00'
ROAD
2015016044
--
100.00' 30'30
¡350.00 A(CALC)." 268.44' R(CALC)
N 89°43'55" W 618.44' R
→ AVENUE 1000520E 75245 R
S 00°00'30" W 751.91 R LACY SUBDIVISION
LOTS 1 - 10, LACY SUBDIVISION
SCHOOL SITE
S 0000'30° W 612.02' R
(MAINS ELEMENTARY)
FM 12-14
EADY
HOUSING AUTHORITY OF THE CITY OF CALEXICO, CALIFORNIA
N
LEGEND
FOR REVIEW ONLY — LOT TO BE QUITCLAIMED
LOT LINE (PARCEL 35024-1)
EXISTING LOT LINES
Sanders, INo. 120' 240' 06-03-2025
0'
Architecture/Engineering 2000
1102 INDUSTRY WAY, SUITE A
EL CENTRO, CA 92243 SCALE: 1"=120'-0"
760 353 5440 FAX 760 353 5442 1 OF 1
ATTACHMENT NO. 3
RESOLUTION NO. 2025-
RESOLUITON OF THE CITY COUNCIL OF THE CITY OF CALEXICO VACATING
A PORTION OF FRONTAGE ROAD (BIRCH STREET) BETWEEN EADY AVENUE
AND LACY AVENUE AND AUTHORIZING THE CITY MANAGER TO
QUITCLAIM SAID PORTION TO THE CALEXICO UNIFIED SCHOOL DISTRICT WHEREAS, on May 1, 2025, the Calexico Unified School District, Applicant, submitted i uniform application to the Planning & Building Department for the vacation of a portion of Frontage Road, an unbuilt public street also known as Birch Street, between Eady Avenue anc Lacy Avenue, as described in Exhibit "A" and depicted in Exhibit "B", which are attached hereto and incorporated herein by reference; and
WHEREAS, the City has evaluated the requested street vacation and has determined that the subject portion of Frontage Road is no longer necessary for its originally intended public vehicular access purposes; and
WHEREAS, pursuant to California Government Code Section 65402(a), the subject right of way is not identified as a General Plan Circulation Element street for current or future use and is not needed as part of the City's street circulation network; and WHEREAS, Chapter 3, Section 8320 of the Streets and Highways Code of the State of California provides that the City Council may vacate a street, highway, or public service easemen ursuant to the authority provided in that chapter by holding a public hearing to consider al evidence presented by any interested persons and thereafter adopting a resolution vacating the street, highway, or easement; and
WHEREAS, pursuant to Streets and Highways Code section 8320, the City Council scheduled a public hearing for July 2, 2025 at 6:30 p.m. at the City Council Chambers located at 608 Heber Avenue, Calexico, CA 92231, and gave the public all required published and posted notices and a reasonable opportunity to appear at said hearing and be heard on the matter of the proposed vacation; and
WHEREAS, said hearing has been held by the City and the public was afforded the opportunity to be heard on said matters; and
WHEREAS, the City Council has considered all recommendations by staff and public testimony at the public hearing held on July 2, 2025; and WHEREAS, at the conclusion of the hearing and considering all evidence submitted, the City Council finds that the portion of Frontage Road (Birch Street) between Eady Avenue and Lacy Avenue, proposed to be vacated is unnecessary for present or prospective public use; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Calexico, as follows:
Section 1. The City Council hereby finds and determines that the Recitals of this Resolution are true and correct and are hereby incorporated into this Resolution as findings and determinations of the City Council.
Section 2. This action is not subject to the California Environmental Quality Act ("CEQA") pursuant to Section 15060(c)(3) (the activity is not a project as defined in Section 15378 of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly). Even if the vacation is considered a project under CEQA, it is exempt pursuant to State CEQA Guidelines Section 15061(b)(3) as it does not propose any changes to the subject roadway area and it has no potential to result in a significant effect on the environment.
Section 3. The City has provided notice of this hearing as required by Streets and Highways Code sections 8320-8323.
Section 4. The City Council finds that the portion of Frontage Road (Birch Street) between Eady Avenue and Lacy Avenue is unnecessary for present or prospective public use.
Section 5. The location of the portion of Frontage Road (Birch Street) between Eady Avenue and Lacy Avenue, subject to vacation and relinquishment is described in Exhibit "A" and depicted in Exhibit "B" of this Resolution.
Section 6. The City hereby vacates and quitclaims any and all rights to the portion of Frontage Road (Birch Street) between Eady Avenue and Lacy Avenue, as described in Exhibit "A" and depicted in Exhibit "B" of this Resolution, in accordance with Streets and Highways Code section 8324(b).
Section 7. The Council directs the City Clerk to cause a certified copy of this Resolution, attested by the City Clerk under seal, to be recorded without acknowledgment, certificate of acknowledgment, or further proof in the Office of the Imperial County Recorder.
Pursuant to Streets and Highways Code Section 8325, no fee shall be charged for such recordation.
The City Clerk shall permanently maintain a true and correct copy of this Resolution.
Section 8. The City Manager is hereby authorized to take any and all further actions to effectuate the vacation and quitclaim of the portion of Frontage Road (Birch Street) between Eady Avenue and Lacy Avenue, as described in Exhibit "A" and depicted in Exhibit "B" of this Resolution, including the execution and recordation of a Quitclaim Deed.
Section 9. This Resolution shall become effective upon its adoption. Upon the recordation required hereby, the vacation is complete.
PASSED, APPROVED, AND ADOPTED this 2nd day of July 2025.
Diana Nuricumbo, Mayor
Attachment: Exhibits "A" & "B"
ATTEST:
Veronica L. Alvarado, City Clerk
STATE OF CALIFORNIA )
COUNTY OF IMPERIAL )
CITY OF CALEXICO )
1, Veronica L. Alvarado, City Clerk of the City of CALEXICO, DO HEREBY CERTIFY that Categin Return Nor mating held dly 2, 2025, by adoled by helicone lovie city or AYES:
NOES:
ABSTAIN:
ABSENT:
Veronica L. Alvarado, City Clerk
APPROVED AS TO FORM:
Carlos Campos, City Attorney
EXHIBIT A
STREET ABANDONMENT
LEGAL DESCRIPTION
A PARCEL OF LAND BEING A PORTION OF LACY SUBDIVISION ON FILE IN BOOK 11, PAGE 47 OF FINAL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF IMPERIAL COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTH STATE HIGHWAY NO. 98 RIGHT OF
WAY LINE WITH THE EAST LINE OF SAID LACY SUBDIVISION, SAID POINT BEING THE TRUE POINT OF BEGINNING;
THENCE SOUTH 00°05'20" WEST A DISTANCE OF 60.00 FEET ALONG THE EAST LINE OF SAID LACY SUBDIVISON, TO A POINT ON THE SOUTHERLY LINE OF A 60.00 FEET WIDE ACCEPTED ROAD (FRONTAGE ROAD) DEDICATION PER SAID FINAL MAP 11-47, SAID POITN ALSO BEING THE NORTHEAST CORNER OF BLOCK 2 OF SAID LACY SUBDIVISION; THENCE NORTH 89°43'55" WEST A DISTANCE OF 618.44 FEET ALONG SAID SOUTHERLY LINE OF SAID DEDICATION, ALSO BEING THE NORTH LINE OF BLOCK 2 OF SAID LACY SUBDIVISION, TO THE NORTHWEST CORNER OF BLOCK 2 OF SAID LACY SUBDIVISION; THENCE NORTH 00°00'30" EAST A DISTANCE OF 60.01 FEET ALONG THE EXTENSION OF THE WEST LINE OF BLOCK 2 OF SAID LACY SUBDIVISION, TO A POINT ON THE SOUTH STATE HIGHWAY NO. 98 RIGHT OF WAY LINE;
THENCE SOUTH 89°43'55" EAST A DISTANCE OF 618.48 FEET ALONG SAID SOUTH STATE HIGHWAY NO. 98 RIGHT OF WAY LINE TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM THE PARCEL 35024-1 DESCRIBED ON INSTRUMENT NO. 2015016044 OF QUITCLAIM DEEDS, RECORDED IN OFFICIAL RECORDS IN THE OFFICE OF THE IMPERIAL COUNTY RECORDER.
SUBJECT TO THE RESERVATION OF THE EXSTING SIDEWALK AS NOW CONSTRUCTED ALONG THE SOUTH SIDE FOR PUBLIC PURPOSES.
ALSO SUBJECT TO ALL COVENANTS, EASEMENTS AND AGREEMENTS OF RECORD.
SAID LOT CONTAINS AN AREA OF 0.37 ACRES, MORE OR LESS.
THIS DESCRIPTION OF LAND WAS PREPARED BY ME IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT.
FOR REVIEW ONLY
DAVID BELTRAN, PLS 7341 DATE
EXHIBIT "В" - PROPOSED
A PARCEL OF LANDING BEING A PORTION OF LACY SUBDIVISION, RECORDED AS BOOK 11, PAGE 48 (FM 11-48) OF FINAL MAPS (FM 11-48), ON FILE IN THE OFFICE OF THE IMPERIAL COUNTY RECORDER.
STATE HIGHWAY NO. 9 8
N 89°43'55 W 778.52' R
-350.00" RICALC) : 268.48 R(CALC)
FRONTAGE §PARCEL 35024-1 5. PROPOSED LOT "A"
INSTRUMENT NO. 10.37 ACRES 60,00
ROAD 2015016044
100.00' 730'30* 268.44' R(CALC)
$: 350.00' R(CALC)-.
N 89°43'55" W 618.44' R
AVENUE N 00'05'20* E 752.45 R
S 00°00'30" W 751.91' R LACY SUBDIVISION
LOTS 1 - 10, LACY SUBDIVISION
S 000030W 612.02 R SCHOOL SITE
(MAINS ELEMENTARY)
FM 12-14
EADY
CITY OF CALEXICO, CALIFORNIA HOUSING AUTHORITY OF THE
N
LEGEND
- LOT TO BE QUITCLAIMED
FOR REVIEW ONLY
LOT LINE (PARCEL. 35024-1)
EXISTING LOT LINES
Sanders, INc. 0' 120' 240' 06-03-2025
Architecture/Engineering 80010
1102 INDUSTRY WAY, SUITE A
EL CENTRO, CA 92243 SCALE: 1"=120'-0" 1 OF 1
760 353 5440 FAX 760353 5442