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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: March 18, 2026
To: Honorable Mayor and City Council Members
From: Eric Levitt, City Manager
Department: Economic Development
Subject: Authorization to Proceed with an Investigation for a Proposed Street Vacation of an Alley Way South of W
Rialto Ave and West of Muscott St (Ward 3)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize staff to proceed with an investigation and analysis for the proposed vacation of an alley way South of W Rialto Ave and West of Muscott St.
City Manager's Comments
The City Manager concurs in recommending proceeding with an investigation analysis for the proposed vacation.
Analysis
A petition to vacate a portion of an alley Way South of W Rialto Ave and West of Muscott St was received on July 31, 2025, from the City of Colton. The stated reason for the petition to vacate this alley way is beneficial to both the City of San Bernardino and the City of Colton in managing their property. The vacated lot will be part of the consolidated lot owned by the City of Colton for their Well and Water Reservoir site.
Background
Streets and Highways Code (SHC) section 8312, gives a city legislative body the power to vacate all or part of an alley and sets forth the procedures by which the power to vacate may be executed. The requested street vacation would be conducted under the General Vacation Procedures outlined in SHC sections 8320 through 8325. First, a legislative body may initiate proceedings either on its own initiative or upon a petition or request of an interested person or persons. The initiation of proceedings starts with fixing the date, hour, and place of the hearing, followed by publishing and posting of notices prior to the hearing. After the hearing, if the legislative body finds that the street 3 2
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described in the notice of hearing or petition is unnecessary for present or prospective public use, the legislative body may adopt a resolution vacating the street. The street vacation is then recorded with the County Recorder’s office.
A petition to vacate a portion of an alley Way South of W Rialto Ave and West of Muscott St was received on July 31, 2025, from the City of Colton. The stated reason for the petition to vacate this alley way is beneficial to both the City of San Bernardino and the City of Colton in managing their property. The vacated lot will be part of the consolidated lot owned by the City of Colton for their Well and Water Reservoir site.
Discussion
If authorization is given to proceed, an investigation and analysis will begin and all City departments, County Fire, utilities, and affected property owners will be notified of the proposal and will be provided an opportunity to comment on any conflicts and/or potential issues or concerns.
Future actions by the City will consist of:
Resolution of Intention by the Mayor and City Council setting a Public Hearing pursuant to Streets and Highway Code Section 8320
Publication of Notices of Vacation pursuant to Streets and Highways Code Sections 8322 & 8323
Public Hearing and Resolution of Vacation pursuant to Streets and Highways Code Section 8324
Recordation of the Resolution of Vacation pursuant to Streets and Highways Code Section 8325
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No. 2d: Focused, Aligned Leadership and Unified Community - Develop and implement a community engagement plan. Public Hearings conducted in response to requests for street vacations provide an opportunity for surrounding property owners and members of the public to engage with the Mayor and City Council, provide input through public comments, and share in the discussion regarding vacating the public right of way.
Fiscal Impact
There is no fiscal impact associated with this action. The applicant has paid $1,020 in fees.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize staff to proceed with an investigation and analysis for the proposed vacation of an alley way South of W Rialto Ave and West of Muscott St.
Attachments
Attachment 1 - Petition
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Attachment 2 - Chain of Title
Attachment 3 - Legal Description and Plat Map
Attachment 4 - Aerial Map
Ward:
Third Ward
Synopsis of Previous Council Actions:
None
CC: Eric Levitt, City Manager