City Council Agenda Report. Meeting Date: August 5, 2014

Transcription

1 City Council Agenda Report Meeting Date: August 5, 2014 TO: FROM: RE: City Council Ruben Martinez ( ) Public Works Director RESOLUTION OF INTENTION TO ABANDON AND VACATE A PUBLIC BIKEWAY AND PEDESTRIAN ACCESS EASEMENT- {RICKY COURT/SUNRISE COURT BIKE PATH I PORTIONS OF ASSESSOR'S PARCEL NOS , 013, 014 & 015, , 035 & 036, and ) I REPORT IN BRIEF: NorthStar Engineering, on behalf of property owners Chico Rancheria Housing Corporation and Littlefoot, LLC, by letter dated June 2, 2014 (Attachment B) has petitioned the City of Chico to abandon and vacate a public bikeway and pedestrian access easement located adjacent to the Sunrise Court housing facility. This current alignment of the bike path has become problematic for the tenants of Sunrise Court and for the Chico Police Department. It was determined that since the abandonment of the bike path easement has no effect to the existing utility easement, it was not necessary for the utility companies to comment on the request for abandonment Recommendation: The Public Works Director recommends adoption of the following: RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF CHICO TO ABANDON AND VACATE A PUBLIC BIKEWAY AND PEDESTRIAN ACCESS EASEMENT PURSUANT TO THE PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW {RICKY COURT/SUNRISE COURT BIKE PATH BETWEEN E. 20TH AND E T STREETS) (PORTIONS OF APNs , 013, 014 & 015, , 035 & 036, and ), and schedule a public hearing for September 2, BACKGROUND: The Mechoopda Indian Tribe of the Chico Rancheria, owner of the housing project called Sunrise Court, is proposing to close the existing public bike path that runs through the Sunrise Court neighborhood between E. 20th Street and the intersection of E. 21st and Elm Streets. While the northerly half of the path/easement is located on the Rancheria's property, the southerly half is on property owned by the Sierra Nevada Brewing Company. The City of Chico holds access easements for the path on both properties, and the easement includes portions of Sunrise Court and Ricky Court. As the path bends to the south, it also passes adjacent to the southwest corner of the Rhodes Terrace Apartments. The apartments along Ricky Court are privately owned and the Rhodes Terrace apartments are owned by the Butte County Housing Authority. In addition to the applicant's request, the Butte County Housing Authority and Sierra Nevada Brewing Company strongly support the bike path closure, commenting that the path presents security risks due to segments that are hidden from clear view of residents. These "blind" segments have proven to be conducive to loitering and transients engaged in illegal activities including routine drug sales, car thefts, and vandalism. At its meeting of 12/5/13, the Planning Commission adopted Resolution No , authorizing modification of Planned Development Use Permit 95-4 (Chico Rancheria Housing Corporation), based on the findings and subject to conditions of approval. In addition, the Planning Commission voted (6-0-1) to send a recommendation to Council to identify an alternate bike/pedestrian route with specific attention to pedestrian access to transit, including consultation with BCAG, as part of the City's abandonment of the bike path. Staff has determined that existing roadways provide adequate bicycle and pedestrian access in the area. Creating dedicated bicycle lanes with appropriate pavement markings on existing roadways can be investigated as part of the next update to the Bicycle Master Plan. S:\Abandonments\Ricky Court Bike Path\Agenda Report lntent.frm

2 Proposed Design Changes The applicant proposes to construct fences across the path's north and south access points to the Sunrise Court private property. To eliminate blind spots and allow better surveillance by residents, the applicant proposes to remove vinyl slats from segments of existing chain link fences that border the path along its easterly half. Private gates to rear yards of the Sunrise Court duplexes are proposed to be permanently locked or replaced by standard fencing. As illustrated on the proposed site plan/plat (Attachment C), the Tribe intends to convert Lots Band C into useable open space and a community garden for the benefit of the Tribal residents. Existing City Bicycle Facilities In Area East 20th Street is striped on both sides with Class II bike lanes. The 2012 Chico Urban Area Bicycle Plan identifies Fair Street between East Park and 20th Street as a Class Ill facility. No facilities exist to cross E. 20th Street where the bike path/easement joins E. 20th Street, because of its "mid-block" location. Signalized intersections at both Mulberry/Fair and C Street provide safe, pedestrian/bicycle friendly crossings of East 20th Street. Comments from City of Chico Police Department The Chico Police Department reports that the apartments along Ricky Court and Sunrise Court have an unusually high number of criminal incidents. From July 1 to November 6, 2013, the Police Department received 83 calls for service at Ricky Court, and 56 calls for service at Sunrise Court. When officers respond, the bike path provides an easy escape route from officers approaching either the north or south access points. Similar security breaches occur at gates to the fenced rear yards of Sunrise Court duplex units that access the play areas along the bike path. In addition to the security risk to residents of each of these housing projects, additional police units are typically needed to cover all escape routes. This places an extra demand on police resources. City Council abandonment and Sierra Nevada Brewing Company The Sierra Nevada Brewing Company supports the desire of the Chico Rancheria to abandon the bike path and the related easements, including the easement over the brewery's property. Bike Advisory Committee The closure of the Sunrise Court bike path issue was brought to the attention of the Bicycle Advisory Committee (BAC) on two separate occasions, September 20, 2012 and December 19, Neither BAC meeting had a full quorum, so there is no official comment from the committee on this matter. While the BAC was not able to make a formal recommendation, the members present were sympathetic and receptive to the closure in an effort to minimize the documented criminal activities at this location. They noted that the 2012 Chico Urban Area Bicycle Plan identifies Fair Street between E. Park and E. 20th Street as a Class Ill facility. FISCAL IMPACT: N/A ENVIRONMENTAL REVIEW: The bike path abandonment has been found to be categorically exempt from environmental review pursuant to CEQA Guidelines section (c) (Existing Facilities). PUBLIC CONTACT: A public notice of the September 2, 2014 hearing will be published twice in local newspapers and posted along the area proposed to be abandoned. Property owners contiguous to the area will be notified in writing of the hearing. Reviewed by: Approved by: Mark Orme, City Manager S:\Abandonments\Ricky Court Bike Path\Agenda Report lntent.frm

3 DISTRIBUTION: City Clerk (3) NorthStar Engineering Sierra Nevada Brewery Chico Rancheria Housing Corporation ATTACHMENTS: Attachment A - Resolution with legal description and plats Attachment 8 - Letter requesting abandonment Attachment C - Proposed Site Plan Map FILE: CP S:\Abandonments\Ricky Court Bike Path\Agenda Report lntent.frm

4 2 RESOLUTION NO. 3 RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF CHICO TO ABANDON AND VACATE A PUBLIC BIKEWAY AND PEDESTRIAN ACCESS 4 EASEMENT PURSUANT TO THE PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW (RICKY COURT/SUNRISE COURT BIKE PATH 5 BETWEEN E. 20TII AND E. 21 ST STREETS) (PORTIONS OF APNs ,013,014 & 015, ,035 & 036, and ) l WHEREAS, Chico Rancheria Housing Corporation has petitioned the City of Chico to abandon and vacate a public bikeway and pedestrian access easement located between E h Stree and E. 21 st Street, in the City of Chico, County of Butte, State of California, more particular! described in Exhibit A and delineated in Exhibit B, which exhibits are attached hereto and made a part hereof; and WHEREAS, in accordance with the provisions of Section 2R of the Chico Municipal Code and Section ofthe California Government Code, the City Manager has determined tha the abandonment and vacation of said pub! ic bikeway and pedestrian access easement is consisten with the general plan; and WHEREAS, in that said public bikeway and pedestrian access easement appears to be unnecessary for present or prospective public utility purposes, it is the desire of this Council to abandon and vacate said public utility easement in accordance with the provisions of the Publi Streets, Highways, and Service Easements Vacation Law, Division 9, Part 3, Section 8300 et seq., of the Streets and Highways Code of the State of California. follows: 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chico as That this Council hereby declares its intention, pursuant to the provisions of the Public Streets, Highways, and Service Easements Vacation Law, to abandon and vacate the public bikeway and pedestrian access easement described in Exhibit A and delineated in Exhibit B. That Tuesday, the 2nd day of September, 2014, at the hour of 6:30p.m., in the Council Chambers, Chico Municipal Center, 42 1 Main Street, Chico, California, is hereby fixed as CA 3/25/98 (Rev DPW 6/8/0 l) Page I of 2 R:\FORMS\CAFORMS\ADMIN.STD\RESSTR.ABN

5 the time and place for a hearing on the proposed abandonment and vacation, which time is not less than 15 days from the date of this resolution. That the City Clerk is hereby directed to cause a notice of the hearing to be published as provided in Section 8322 of the Streets and Highways Code and to cause proof of such publication to be made by affidavit as provided in Section 8317 of the Streets and Highways Code. In addition, the City Clerk is directed to cause a notice of the hearing to be served by mail on the owner of each property adjoining the public bikeway and pedestrian access easement proposed for abandonment and vacation. That the Director of Public Works is hereby directed to cause a notice of the proposed abandonment and vacation to be posted conspicuously along the line of said public bikeway and pedestrian access easement proposed to be abandoned and vacated, at least two weeks before the date herein set for hearing in the manner provided by Section 8323 of the Streets and Highways Code, and to cause proof of such posting to be made by affidavit as provided by Section 8317 of the Streets and Highways Code. The foregoing resolution was adopted by the City Council of the City of Chico at its meeting held on , by the following vote: APPROVED AS TO FORM AND CONTENT: CA 3/25/98 (Rev OPW 6/8/0 I) R:\FORMS\CAFORMS\ADMIN.STD\RESSTR.ABN Page 2 of2

6 Exhibit "A" BIKE PATH EASEMENT ABANDONMENT Flatfoot, LLC All that certain real property situate in the City of Chico, County of Butte, State of California, described as follows: BEING that certain 15 foot wide bike path easement over Parcels 1 and 2 as shown on that certain Parcel Map No. 151, filed for record in Map Book 132, at Pages 16-17, Butte County Official Records, and that certain 22.5 foot wide bike path easement over said Parcel 1 as described in that certain deed filed for record under Serial Number , Butte County Official Records. M ~- 0l:L Mark R. Herrick, LS 8323 NorthStar Engineering Date: By: Checked: Approved: Date: NorthStar Engineering MH t1j (p{tt./ 14 EXHIBIT "A" Page 1 of 1

7 "" LOCATION MAP NorthStar ENGINEERING Clvii S...,., Eo.t,..,...tal GIS 1 II -..ssion fianch B...U. SUTE 100 0«:0 CA f'ttone!iw) -- eu-1600 FAX: ($30)11Q GiW'iS A~ &CMii, CA PH0NE.(530)!1S FAX;(530) $1 PREPARED FOR: JOB Till : EXHIBIT B FLATFOOT, LLC. BIKE PATH EASEMENT ABANDONMENT SHEET NO.: SCAlf: 1 OF2 NTS JOB NO.: DATE: DRAWN BY: Nl CHECKED BY: MH

8 ~< < / 22.5' BIKE PATH EASEMENT PER TO BE ABANDONED 15' BIKE PATH EASEMENT PER MAP BK 132 PG TO BE ABANDONED - -- EXISTING SURROUNDING PARCELS EXISTING EASEMENT EXISTING PARCEL BOUNDARY /////l/1//////// EXISTING 15' EASEMENT TO BE REMOVED EXISTING 22.5' EASEMEN T TO BE REMOVED ( ) EXI.STING ASSESORS PARCEL NUMBER - - NorthStar ENGINEERING CMI Sur.. ~ Er!YirONn... GIS --- t 11 MISSION RANCH Bl~ SUITE 100 CI4CO. CA l&92f.i PHONE 1500) F-.x (5JC)893-~ GRAA0 AVEM..E 6AO'A.ltCA PREPARED FOR: FLATFOOT, LLC 1W<-== ~ - ru {p--9 2!'i NORTHSTAR ENGINEERING MARK R. HERRICK PLS 8323 JOBTI!l.E: EXHIBIT B SHEET NO.: 2 OF2 BIKE PATH EASEMENT SCALf: I" = 6(J ABANDONMENT JOB NO.: DATE: DRAWN BY: CHECKED BY: NL MH

9 Exhibit "A" BIKE PATH EASEMENT ABANDONMENT Chico Rancheria Housing Corporation All that certain real property situate in the City of Chico, County of Butte, State of California, described as follows: BEING that certain 15 foot wide bike path easement over Parcels 1 and 2 as shown on that certain Parcel Map No. 44, filed for record in Map Book 92, at Pages 20-21, Butte County Official Records, and that certain bike path easement over Lot "E" as shown on that certain subdivision map entitled "Sunrise Court PUD" filed for record in Map Book 138, at Pages 75-77, Butte County Official Records. ~ ~- '1L:A. Mark R. Herrick, LS 8323 NorthStar Engineering Date: fe -'* Zct 'f By: Checked: Approved: Date: NorthStar Engineering MH t-a.j ~/ EXHIBIT "A" Page 1 of 1

10 NorthStar ENGINEERING C~ SYrvtying!JMnwMnt.M GIS 111 tmsscinfi.n.ich8lw SUITE too 011C0. CA B26 fi'hot.o.c5301ft.s.*xi,:fox:(s30)11).2113 Z20 GRANO AVENUE Oi!iOYiu., Clil i6ii6 fihone: ($30)~2061 FAJt(530)53W6$1 -~.cern PREPARED FOR: CHICO RANCHERIA HOUSING CORPORATION JOB TITlE: EXHIBIT B BIKE PATH EASEMENT ABANDONMENT SHEET NO.: SCALf; l OF2 NTS JOB NO.; DATE; DRAWN BY: NL CHECKED BY: MH

11 LEGEND EXISTING SURROUNDING PARCELS EXISTING EASEMENT EXISTING PARCEL BOUNDARY EXISTING EASEMENT TO BE REMOVED ( ) EXISTING ASSESORS PARCEL NUMBER \ c 00$-44l-o18 >) <"""OO$=---"'"'u, o""'1 7'"') 1 1 I 1 PORTION OF BIKE PATH EASEMENT TO BE ABANDONED MAP BK 146 PG 1-3 < oo$-uo-006 > <00$-u0-014 y.; < oo$-443-o2~.;.; ( 00$ ) <00$ $) < 00$-443-o33 > \ NorthStar ENGINEERING Chlf $urwj1ng EnWo_.., GIS MlSSNJNR.ANCM Bl\10 SUJTE 100 CMCO. CA 8:5926 PHONE {!:00)89.) FAX (5.30)88) ;20 GRNi5 A\IEMJE OAOVIUL CA Wi& / C HICO RA NCHERIA HOUSING CORPO RATION JOB TlltE: EXHIBIT B BIKE PATH EASEMENT ABANDONMENT!fll,k ~-QU ~-if-ted NORTHSTAR ENGINEERING t.tark R. HERRICK PLS 8323 SHEET NO.: SCALE: JOB NO.: DATE: DRAWN BY: CHECKED BY: 2 OF2 r = 60' (} NL MH

12 NorthStar ENGINEERING Civil Surveying Architecture & Design Water Resources Environmental GIS June 2, 2014 Mr. Matt Johnson, Senior Engineer City of Chico Development Engineering P,O, Box 3420 Chico, CA RE: Bike Path Abandonment Dear Mr. Johnson: I am writing on behalf of the ownership of the Sunrise Court project to respectfully request that you direct your staff to initiate an abandonment proceeding for the bike path between 20th Street and Elm Street. As you are aware, at their meeting of December 5, 2013 the Planning Commission agreed to modify the existing Planned Development approval to eliminate the bike path. We had apparently misunderstood the process for abandonment and thought the abandonment process would follow in step with the PD modification which eliminated the bike path. We have included additional copies of the necessary plats and descriptions, and ask that you review them and prepare the necessary documentation to enable the abandonment request to be heard before council. Please let me know if you need any additional information. Should you have any questions please contact this office. Sincerely, NorthStar Engineering a s cc: A Stevens, PLS Brian Lowden 111 Mission Ranch Blvd., Suite 100 Chico, CA P: (530) F: (530) northstareng.com Attachment B

13 <. scale t = JO' /, I I,,.. f Attachment C

14 PROPOSED CONDITION..f / ',./ / I Plat to Accompany Planned Development Use Permit 95-4 (Chico Rancheria) Attachment C

15 City of Chico Public Site & z, ~t~ - -"-!\ ~ ;;.~. - ~1U:&: W \ JC& GW SCALE 1 : 2,514,-- ~ ~ ~ I I I FEET N A Wednesday, July 16, :55AM