TO: TARA SCHULTZ, CITY MANAGER
FROM: BRAD JOHNSON, COMMUNITY DEVELOPMENT DIRECTOR
DATE: FEBRUARY 25, 2020
Reviewed by:
City Manager: TS
Finance Director: AP
SUBJECT:
Title
ABANDONMENT AND VACATION OF AN EASEMENT FOR SEWERS AND STORM DRAINS IN PREVIOUSLY VACATED PORTION OF SECOND STREET - POMONA COLLEGE (FUNDING SOURCE: APPLICANT)
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SUMMARY
Pomona College has requested that the City vacate the sewer and storm drain easement in the portion of Second Street east of College Avenue. This portion of Second Street has been vacated since 1948. The City Council adopted resolution number 2019-47 on July 23, 2019, declaring the initiation of proceedings to vacate a public service easement for sewer and storm drain purposes.
RECOMMENDATION
Recommended Action
Staff recommends that the City Council adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLAREMONT, CALIFORNIA, ORDERING THE ABANDONMENT AND VACATION OF A PUBLIC SERVICE EASEMENT FOR SEWER AND STORM DRAIN PURPOSES IN A PREVIOUSLY VACATED PORTION OF SECOND STREET EAST OF COLLEGE AVENUE - POMONA COLLEGE.
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ALTERNATIVE TO RECOMMENDATION
In addition to the staff recommendation, there is the following alternative:
• Delay the easement vacation proceedings and request additional information.
FINANCIAL REVIEW
Although the City vacated its interest in this portion of Second Street in 1948, the City retained easement rights for sewer and storm drain purposes. The portion of Second Street is owned in fee by Pomona College. The easement vacation has no financial impact on the City. However, it should be noted that through this proposed easement vacation, the maintenance of the existing eight-inch sewer line would become the responsibility of Pomona College. The transfer of typical maintenance duties, such as sewer repair, replacement or lining will reduce City maintenance costs.
The staff cost to prepare this report and administer this project is estimated at $1,296 and is paid through application fees funded by the applicant. In addition, the applicant is responsible for the attorney’s fees associated with the preparation of the maintenance covenant and the easement vacation review.
ANALYSIS
As part of the Pomona College Renwick House relocation project, Pomona College requested that the City consider the vacation of the sewer and storm drain easement located within the easterly terminus of Second Street, east of College Avenue. As part of this process, and with the purpose of transferring maintenance responsibilities, Pomona College agreed to a maintenance covenant to assume ownership and maintenance responsibilities for the section of sewer pipe located in the area of the easement to be vacated. The existing sewer pipe is an 8” vitrified clay pipe that terminates on the Pomona College property. The City determined that the proposed sewer and storm drain easement vacation is appropriate as the sewer only serves the Pomona College campus and there is no storm drain in the easement area. The City has no future plans to build a storm drain in the proposed easement vacation area.
The proposed sewer and storm drain easement is in a portion of Second Street, east of College Avenue, that was vacated by City Council Resolution 856 in 1948 (Attachment B). A map depicting the area to be vacated is provided in Exhibit 1 to the resolution.
All required noticing of said proposed vacation have been published and posted in accordance with the provisions of Sections 8322 and 8323 of the California Streets and Highways Code.
All required noticing of said proposed vacation has been provided to all public bodies and public utilities that requested notice of such proceedings pursuant to Section 8346 and 8347 of the California Streets and Highways Code.
RELATIONSHIP TO CITY PLANNING DOCUMENTS
Staff has evaluated the agenda item in relationship to the City’s strategic and visioning documents and finds the following:
Council Priorities - This item does not apply to the Council Priority Plan.
Sustainability Plan - This item does not apply to the Sustainability Plan.
Economic Sustainability Plan - This item does not apply to the Economic Sustainability Plan.
General Plan - This item furthers Goal 2.2 of the General Plan, “Preserve the City’s distinctive residential character by maintaining land use patterns that strengthen our neighborhoods.”
2019-20 Budget - This item does not apply to the 2019-20 budget.
Youth and Family Master Plan - This item does not apply to the Youth and Family Master Plan.
CEQA REVIEW
This item (vacating a sewer easement and transferring maintenance responsibility to the underlying property owner) is not subject to environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and section 15060(c)(3) (the activity is not a “project” as defined in Section 15378). CEQA Guidelines section 15378(b)(2) and (5) exclude “[c]ontinuing administrative ... activities” and “administrative activities of governments that will not result in direct or indirect physical changes to the environment” from its definition of “project.” The proposed easement vacation will transfer maintenance responsibilities from the City of Claremont to Pomona College.
Even if this item were a “project,” it would be exempt from environmental review under CEQA Guidelines Section 15061(b)(3)’s “general rule” that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Here, it can be seen with certainty that there is no possibility that this item, in and of itself, will have a significant effect on the environment. On its own, this action will not result in any physical changes to the environment.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process. Copies of this report are available at the City Hall public counter, the Alexander Hughes Community Center, and the City website. Notice of the public hearing will be provided as required by the California Streets and Highways Code.
Submitted by: Prepared by:
Brad Johnson DeLisa Bryant
Community Development Director Assistant Engineer
Reviewed by:
Maria B. Tipping, P.E.
City Engineer
Attachments:
A - Resolution
B - Second Street Vacation Resolution