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Agenda Report
May 6, 2024
j
j TO: hlonorable Mayor and City Council
I FROM: Department of Water and Power
I SUBJECT: ADOPTION OF A RESOLUTION ORDERING THE SUMMARY I VACATION OF ONE PUBLIC SERVICE EASEMENT LOCATED AT 995 j S. FAIR OAKS AVE., PASADENA - (PROPERTY OWNER: PASADENA i CA SENIOR PROPERTY, LLC)
RECOMMENDATION:
It is recommended that the City Council:
1. Find that the proposed action is categorically exempt from the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines Section 15305 (Minor Alterations in Land Use Limitations); there are no features that distinguish this project from others in the exempt classes and, therefore, there are no unusual circumstances;
2. Adopt a Resolution ordering the summary vacation of one public service easement located at 995 S. Fair Oaks Ave., Pasadena, APN: 5719-022-101 ("Property"); and
3. Authorize the City Manager to execute any other documentation as may be required to accomplish said summary vacation.
EXECUTIVE SUMMARY:
Pasadena Water and Power Department ("PWP") is recommending the City Council adopt a Resolution to summarily vacate one public service easement, located at 995 S. Fair Oaks Ave., Pasadena, which has not been utilized by the City of Pasadena ("City") for more than five years. This easement is for "Public Utility" purposes. PWP does not have any electrical lines at this location and does not foresee a need for this easement in the future. PWP has confirmed with all applicable City departments that they do not have a use for this easement, nor do they foresee a need for this easement in the future.
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MEETING OF.5/6/2024AGENDA ITEM NO..5
Resolution for Public Service Easement
May 6, 2024
BACKGROUND:
California Streets and Highways Code Section 8333 allows a legislative body to summarily vacate a public service easement in any one of the following instances:
(a) The easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation.
(b) The date of dedication or acquisition is less than five years, and more than one year, immediately preceding the proposed vacation, and the easement was not used continuously since that date.
(c) The easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement.
If any one of the above circumstances is met, the City Council can adopt a Resolution to summarily vacate a public service easement.
A summary vacation process differs from the traditional vacation process in that a public hearing is not required. Upon adoption of the Resolution, the City Clerk then causes a certified copy of the Resolution, attested by the City Clerk under seal, to be recorded and upon such recordation of the Resolution, the summary vacation is complete.
Pursuant to California Streets and Highways Code Section 8306, a public service easement includes, among others, all or part of, or any right in a right-of-way, easement, or use restriction acquired for public use by dedication or otherwise for sewers, pipelines, pole lines, electrical transmission and communication lines, pathways, storm drains, drainage, canal, water transmission lines, light and air, and other limited use public easements other than for street or highway purposes.
Property Summary:
The City acquired one Public Service Easement pertaining to the property as follows:
1. A ten-foot right of way for Public Utility purposes as shown on Parcel Map No 10487 filed with the Los Angeles County Recorder on July 9,1980; Pasadena CA Senior Property, LLC, a California limited liability company, the owner of the property, has requested that the City release the Public Sen/ice Easement on the property.
Property Reference:
Exhibit A: Location Map of Easement
Resolution for Public Service Easement
May 6, 2024
Justification for Vacation of Easement for the Property After investigation, staff has determined that the Public Service Easement on the property is not in use by PWP nor any other City department, the Public Service Easement on the property is not necessary presently nor in the future for PWP nor any other City department, and the Public Service Easement on the property has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation. Therefore, the vacation qualifies for the summary vacation process under Streets and Highways Code Section 8333.
COUNCIL POLICY CONSIDERATION:
The proposed summary vacation is consistent with the City Council's goals to maintain fiscal responsibility and stability, and to support and promote the quality of life and local economy. The proposed summary vacation is consistent with the public's interest and convenience and the easement is unnecessary for present or future use.
ENVIRONMENTAL ANALYSIS:
The proposed action is categorically exempt from CEQA pursuant to State CEQA Guidelines Section 15305 (Class 5 - Minor Alterations in Land Use Limitations). Class 5 exempts from environmental review minor alterations in land use limitations in areas with an average slope of less than 20 percent and which do not result in any changes in land use or density. The proposed action involves the vacation of a public service easement where said easement has not been used for the purpose for which it was dedicated and will not cause or facilitate any changes in land use or density. Further, the average slope on this easement is less than 20 percent. There are no features that distinguish this project from others in the exempt class and, therefore, there are no unusual circumstances.
Resolution for Public Service Easement
May 6, 2024
FISCAL IMPACT:
The summary vacation of one easement eliminates potential liability of the City. There are no direct or indirect fiscal impacts from this action. There will be no anticipated impact to other operational programs or capital projects as a result of this action. The applicant has paid the costs for the preparation, process, and recordation of the summary vacation. No revenue will be expended or generated by the adoption of this summary vacation.
Respectfully submitted,
DAVID M. REYES
Acting General Manager
Water and Power Department
Prepare/) by:
Varooj^i/Avedian
Acting Assistant General Manager
Water and Power Department
Approved by:
^IARQUEZ
City Manager
Exhibit A: Location Map of Easement