The Public Works Director-Engineering recommends adoption of the following resolution.

Transcription

1 LCITY'"f,pco, City Council Agenda Report Meeting Date: October 17, 2017 TO: City Council FROM: Brendan Ottoboni, Public Works Director-Engineering ( ) RE: Resolution Authorizing Grant of License to Affordable Automotive W. 21 St Street REPORT IN BRIEF: On behalf of Affordable Automotive, NorthStar is assisting in the request fora Grant of License from the City of Chico to allow encroachment into and temporary surface use of a portion of public alley adjacent to their business located at 111 W. 21 St Street. The property/business owners wish to park work-in-progress cars for their automotive business. Recommendation: The Public Works Director-Engineering recommends adoption of the following resolution. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO AUTHORIZING GRANT OF LICENSE TO AFFORDABLE AUTOMOTIVE FOR ENCROACHMENT ON PUBLIC RIGHT OF WAY (ALLEY BETWEEN 21ST AND 22 STREETS) BACKGROUND: The owners of Affordable Automotive, have requested a Grant of License for the purpose of parking work-in progress cars as related to their automotive business. The adjacent unused portion of the alley is currently infested with weeds and debris and by granting the grant of license, the permittee would clear the debris, resurface with gravel, and install security fencing for use by their business. DISCUSSION: Response letters from AT&T, Pacific Gas and Electric Company, California Water Service, and Comcast Cable have been received with all comments indicating they have no objection to the encroachment. ENVIRONMENTAL REVIEW: This project is categorically exempt from environmental review pursuant to CEQA Section 15061(b)(3). Reviewed by: 6-c_ Ssu Brendan Ottoboni, Public Works Director- Engineering Approved and recommended by Mark Orme, City Manager

2 RE. GOL Affordable Automotive Meeting Date: October 17, 2017 Page 2 DISTRIBUTION: City Clerk (3) Affordable Automotive Bruce McCrea NorthStar ATTACHMENTS: A - Resolution w/plat & description B - Request for GOL C - Letters from utility companies FILE: CP

3 1 RESOLUTION NO RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO AUTHORIZING GRANT OF LICENSE TO AFFORDABLE AUTOMOTIVE FOR ENCROACHMENT ON PUBLIC RIGHT OF WAY (ALLEY BETWEEN 21sr AND 22 ND STREETS) WHEREAS, Michael A. and Stacy A. Button, owners of the property commonly known as Affordable Automotive, located at 111 W. 2lst Street (APN ), Chico, California, more particularly described and delineated in Exhibits A and B, attached hereto, desire to utilize a portion of the alley adjacent to their property and have requested a Grant of License from the City of Chico to encroach upon the public right of way as described and delineated in Exhibits C and D WHEREAS, this Council finds that the proposed encroachment does not interfere with the present needs ofthe City. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Chico as follows: I A revocable license is hereby authorized and granted to Affordable Automotive to encroach upon the alley owned by the City of Chico for the purpose of parking work-inprogress cars related to their place of business, at the location and in the manner set forth in Exhibits C and D, The City Manager is hereby authorized to execute the Grant of License for and on behalf of the City of Chico. THE FOREGOING RESOLUTION was adopted by the Council of the City of Chico at its meeting held on, by the following vote: j If CA Std Form 6/14/16 R:\FORMS\CAFORMS\ADMIN STD\Res Lic ROW Prop benefitted.doc

4 1 AYES: 2 NOES: 3 ABSENT: 4 DISQUALIFIED: 5 ABSTAIN: 6 l/ ATTEST: APPROVED AS TO FORM: 9 I Deborah R. Presson, City Clerk Vincent-G.-Ewing, City Attorney* *Pursuant to The Charter of the City of Chico, Section 906(E) Reso authorizing GOL for Affordable Automotive for alley btw 21 St and 22nd Streets CA Std Form 6/14/16 R:\FORMS\CAFORMS\ADMIN STD\Res Lie ROW Prop benefitted.doc 2

5 EXISTING PROPERTY DESCRIPTION (AFFORDABLE AUTOMOTIVE) All that certain real property situate in the City of Chico, County of Butte, State of California described as follows: Lots 1, 2, 3 and 4, Block 2, Craddock Addition to Barber, as the same are laid down, numbered, and designated on the map thereof, filed and recorded in the Office of the Recorder of the County of Butte, State of California, on the 10th Day of February, 1905 in Book 4 of Maps and Page 35. AND EXCEPTING THEREFROM the westerly fifteen feet of Lot Four (4), Block Two(2) of Craddock Addition to Barber, according to the official map thereof on file in the Office of the Recorder of the Butte County, California, Being a strip fifteen feet wide, extending southerly from Twenty-First Street to the existing alley south of Lot Four (4). By: NSE Checked: MJ Approved: ru Date: 10,3 l 17 orthstar James A. Stevens, PLS 6050 LAND * NO.PLS 6050 * lfat -»OF CALSOE Date: Exhibit A Page 1 0 f 1 ATTACHMENT 'A'

6 g-l PARK AVE. LOCATION MAP NO SCALE CITY OF CHICO ENGINEERING DIVISION DRAWN BY CHECKED NS. E. DATE SCALE AUGUSL " = 50' PLAT TO ACCOMPANY PROPERTY DESCRIPTION EXHIBIT APPROVED FOR PUBUC WORKS DIRECTOR-ENGINEERING (AFFORDABLE AUTOMOTIVE) SHEET 1 OF 2

7 012) AFFORDABUE AUTOMOTIVE itb C> ( C r %0 3 4 LEGEND CENTERLINE ( ) EXISTING ASSESORS PARCEL NUMBER CITY OF CHICO ENGINEERING DIVISION DRAWN BY CHECKED NS. E. DATE SCALE AUGUST, " = 50' PLAT TO ACCOMPANY PROPERTY DESCRIPTION EXHIBIT APPROVED FOR PUBUC WORKS DIRECTOR-ENGINEERING (AFFORDABLE AUTOMOTIVE) SHEET 2 OF 2

8 DESCRIPTION TO ACCOMPANY GRANT OF LICENSE (AFFORDABLE AUTOMOTIVE) All that certain real property situate in the City of Chico, County of Butte, State of California described as follows: Being a portion of that certain alley formerly known as Crouch Ditch Right-of-Way as shown on that certain map entitled "Map of the Craddock Addition to Barber" and filed for record in the Office of the Recorder of the County of Butte, State of California in Book 4 at Page 35, and being more particularly described as follows: COMMENCING at the most southerly corner of Lot 4 in Block 1 as shown on said Craddock Addition map; THENCE, perpendicular to the southeasterly line of said lot 4, South 41'34'00 East, feet, to a point on said alley formerly known as Crouch Ditch, and the TRUE POINT OF BEGINNING for the parcel herein described; THENCE continuing along said line, South 41'34'00" East, 20.00, to a point on the southeasterly line of said alley; THENCE along said southeasterly alley line, North 48'26'00" East, feet, more or less, to the intersection with the northwesterly extension of the northeasterly line of Lot 3 of Block 1 as shown on that certain map entitled "Map of Fruitvale Addition to Chico" file for record in the Office of the Recorder of the County of Butte, State of California in Book 4 of Maps, at Page 50; THENCE along said line extension North 41'34'00" West, feet, to the northwesterly line of said alley; Thence, along said northwesterly line South 48'26'00" West, feet to the point of beginning Containing 0.05 acres more or less. The basis of bearings for the above description is the same as that shown on said Book 4 of Maps, at Page 35. By: NSE Checked: Approved: Date: Rl H.1 l."ill LAND 91 A Srf«* NO.PLS 6050 * /X Date: 1(if ((7 1 NorthStar C James A. Stevens, PLS 6050 Exhibit C Page l of l

9 01-L A PARK AVE. LOCATION MAP NO SCALE CITY OF CHICO ENGINEERING DIVISION DRAWN BY CHECKED NS. E. DATE SCALE AUGUST " = 50' PLAT TO ACCOMPANY GRANT OF LICENSE EXHIBIT APPROVED FOR PUBUC WORKS DIRECTOR-ENGINEERING (AFFORDABLE AUTOMOTIVE) SHEET 1 Or 2

10 ALUEY ABONDONED UNDER BUTTE COUNTY SERIAL NUMBER ( ) 4 POINT OF 0 COMMENCEMENT/ 1 0 C ) ( ) TRUE POINT 2 OF BEGINNING ( ) ( ) 5 6 Line Table Line # Direction Length Ll 541'34'00"E 20.00' L2 N48'26'OOE ' L3 N41'34'00"W 20.00' LEGEND L4 548'26'00"W * PROPOSED GRANT OF LICENSE L5 541'34'00"E 16.00' ORIGINAL PLAT BOUNDARY (BOOK 4, PAGES 35 AND 50) - - CENTERLINE C ) EXISTING ASSESORS PARCEL NUMBER CITY OF CHICO ENGINEERING DIVISION DRAWN BY CHECKED NS. E. DATE SCALE AUGUST, " = 50' PLAT TO ACCOMPANY GRANT OF LICENSE EXHIBIT APPROVED FOR PUBUC WORKS DIRECTOR-ENGINEERING (AFFORDABLE AUTOMOTIVE) SHEET 2 OF 2

11 McCrea Constniction Uc# Virage Lane, Chico, CA /28/2017 Nancy Kelly City of Chico Public Works Engineering Here is the information to support our request to use the abandoned alleyway to the south side of the property owned by Michael A. and Stacy A. Button A.P. # (see map). The intended use is for parking to support work-in-progress for their business, Affordable Automotive. Accordingly, they will securely fence and gravel the area requested only. No structures or other permanent facilities will be erected. This will serve the dual purposes of supporting a local business, cleaning up a frequently used homeless hangout, and eliminating a City maintenance expense. I discovered this area was created when the City of Chico bought the entire Dayton Mutual Water District easement (known as the Crouch Ditch) from the State of California on a tax sale for $ to be used as part ofthe storm drain system. Not wanting an alley exiting onto Park Avenue they created, by easement, the turnout to 21 st Street. The portion of this alleyway nearest to Park Avenue was sold to and made part ofthe property to the south (A.P. # ) on the corner of Park Avenue and 22nd Street, leaving the piece in question here. An interesting aside is that the prior owner ofthe property deeded 15 feet oftheir western border, as an easement, to turn the alley out to 21 St Street in the first place. If I can provide any more information, feel free to call me at Thank You Bruce McCrea - Agent PS. Michael A. Button will sign the grant of license Phone Etiiail - bruceinccrea44@valioo.com ATTACHMENT'B'

12 @omcast California Region 427 Eaton Rd Chico, CA June 20, 2017 ATTN: Bruce McCrea 1284 Virage Lane Chico. CA Subject: Abandonment of Public Alley way/dayton Mutual Water District Ditch ROW, Adjacent to APN's ,007,008, and , Chico, Butte County, CA. Dear Mr. McCrea, Pursuant to a request regarding the subject Right of Way and based on provided support documentation, Comcast Cable does not object to the proposed abandonment of the Right of Way. Further, Comcast does not require an easement through said properties and has no facilities in said Right of Way. If additional information is needed, please me (brandon_stokes@cable.comcast.com), or call me at the phone number listed below. Sincerely, Brandon Stokes Comcast Cable 427 Eaton Rd Chico, CA (530) Brandon_stokes@cable.comcast.com ATTACHMENT'C'

13 Pacific Electric Gas Company. and Laird R. Oetrichs Land Services Dept. 350 Salem Street Chico, CA Phone: Irolap#.coin June Mr. Bruce McCrea 1284 Virage Lane Chico, CA RE: Abandonment of Alley Way between 21= Street and 22nd Street. Chico, CA. Dear Mr. McCrea: PG&E has no objection to the vacation of the portion of alley way as described above and shown highlighted on the map you provided to my office via on June 6, 2017 (attached). Upon approval of the vacation by the City Council/Board of Supervisors, please send a copy of the Resolution of Vacation to: Pacific Gas and Electric Company Attn: Laird Oelrichs Land & Environmental Management 350 Salem Street Chico. CA If you have any questions, please contact me at (530) Thank you for your cooperation. Sincerely, 64 R Laird R. Oelrichs Land Agent 811: call before you dig Be safe. Dig safe. At home, or on the job. For more safety tips, visit pge.com/safety.

14 Find messages documents. photos or people Bruce Home RE: The abandor 4- Back * <4 0 I Archive m Move 5 Delete * Spam V 3 Inbox unreao 7 RE: The abandoned alleyway between 21 st and 22nd street off Park Ave. (see att. map) 2 Starred Drafts Sent SCHREIBER, CORT C < c52345@att com> To. Bruce M<Crea, LROZ@pge.com, tbeynon@calwater.com, Brandon_stokes cable@comcast com Cc Nancy Kelly, LOCKHART, GLEN J Archive spann Hi Bruce Trash Views 0 Photos b Documents I have run this by our local engineer and AT&T has no objection with the use that you have planned and mentioned below for the abandoned alteyway between 21" and 22{1 street off Park Ave Thanks Sausage Mel or Sausage E Size Collee I 42 Tutorills Con Schreiber Folders + New Folder Blink R/W & Public Works /7344 invest levi Mauria Lani pharmacy prosper Scnue southwesr INK Nancy Kelly <nancy.kelly@chicoca.gov> 0 To. SCHREIBER CORT C. Bruce McCrea, LRO2@pge.com, tbeynon@calwater.corn. EBrandon -stokes.cable@comcast.com Cc LOCKHART. GLEN J Sponsored All. TransUnion It would be appreciated if these could be put in letter format and mailed or ed to my attention Thief getting cred,t In your name, Find out when we do Fight fraud fast wilh Instant Alerts Thanksl Nancy Nancy Kelly City of Chico - Public Works-Engineering Management Analyst Desk (530) Fax530) Nancy kelly@chicoca.gov P O. Box Chico. CA Main Street, Chico. CA * Give feedback

15 6X subjeu RE: The abandoned alleyway between 2-Ist and 22nd street off Park Ave. (see att map) From To Date Monday, June :35:23 PMPDT Bruce, My apologies that 1 did n ot get back to you. Thanks for the reminder call, Calwater does not have any facilities in the area in question and thus has no problem with the use ofthis area of land Thanks Tavis Beynon Chico Superintendent California Water Service From: Bruce McCrea [mailto.brucemccrea44@yahoo.com] Sent: Monday, June 12, :10 PM To: LROZ@pge.com; 62345@att.com; Beynon, Tavis R. <TBeynon@calwater.com>; Brandon_stokes.cable@comcast.com Cc: Nancy Kelly <nancy.kelly@chicoca.gov> Subject: The abandoned alleyway between 2lst and 22nd street off Park Ave. (see att. map) This is an EXTERNAL Stop and think before clicking a link or opening attachments. My name is Bruce McCrea and am working as the owners agent. We are seeking a grant of license from the city of Chico to Affordable Auto, the property owners to the north side of the subject property, to use as work- in- progress parking. Thereby, removing a weed infested homeless camp. Laird,Con,Brandon,and Tavis I need a clearance from your respective utilities that state you have no problems with this use. you may respond to me via which I will printto include with my submission. Feel free to call me at for further information or questions. My is: brucemccrea44@yahoo.com Thankyou! Tavis Beynon Superintendent Il CALIFORNIA WATER SERVICE Quality. Service. Value. calviatercom This and any of Hs attachments may contain Ca lifornia Water Service Group propnetary mformation and fs confidential This e-mal s inlended solely for the use of the individual or entity to which i is addressed. If you are not the intended recipient of this e-mall. please notify the sender immedmately by replying to this e-mall and then deleting it from your system