FOR THE COUNCIL MEETING OF NOVEMBER 19, 2024
COUNCIL AGENDA REPORT
TO: City Council
FROM: Acting City Manager Chuen Wu
BY: Director of Public Works Brett Fulgoni
SUBJECT: Adoption of a Resolution Approving a Proposed Summary Vacation of a 20-Foot-Wide Right -Of-Way Lying East of Concepcion Avenue Between State Route 166 (Main Street) And East Chapel Street, Intersecting with North Concepcion Avenue
Description:
The City Council will consider approving summarily vacating an alley right-of-way located between State Route 166 (Main Street) and East Chapel Street, east of North Concepcion Avenue. The alley right -of-way no longer serves its purpose to provide public access to the adjacent parcels and access to utilities within the alle y as no public access is necessary across the alley and no utilities exist within the alley.
Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required
RECOMMENDATION:
Adopt a Resolution summarily vacating an alley right-of-way located between State Route 166 (Main Street) and East Chapel Street, intersecting with No rth Concepcion Avenue, recorded as Instrument No. 8357 in Book 1153 at Page 385 of Official Records in the Office of the County Recorder of Santa Barbara County, State of California.
BACKGROUND:
The underlying property owner of the parcels to the north and south of the alley in question, Mr. Lupe Alvarez, approached the City of Santa Maria Public Works Department with a request to maintain the City alley as it was in disrepair. Following research of the alley condition and subsequent repair of the alley, discussion of the necessity of the alley lead to a discussion with Mr. Alvarez about the potential summary vacation of the alley.
Mr. Alvarez indicated that he would be willing to accept the ownership and maintenance of the alley and pay to prepare the documents to process the summary vacation.
DISCUSSION:
The Public Works Department has reviewed the documents prepared by Mr. Alvarez and found them to be technically accurate and ready for recordation if a Resolution is adopted 2 by City Council. The summary vacation would eliminate the City’s liability to maintain an alley that no longer serves a purpose to the general public and therefore would reduce ongoing maintenance costs. The Police and Fire Departments have been consulted and determined that the access is not necessary for response to emergencies on the adjacent properties.
Staff recommends vacating the easement in conformance with California Streets and Highways Code §8333(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.
Alternative(s)
The City Council may elect to not adopt the Resolution to summarily vacate the right-of- way. Staff would return the processing fees to the applicant and would continue to maintain the alley surface.
Fiscal Considerations
Summarily vacating the right -of-way would reduce future maintenance expenditures on this area of alley and would reduce liability due to poor maintenance.
Impact to the Community
No impact to the community is anticipated at this time as the right -of-way is not being used for its intended purpose and emergency response access is not needed.