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AGENDA 2007/01/03AGENDA SPECIAL CITY COUNCIL / REDEVELOPMENT AGENCY MEETING WEDNESDAY, JANUARY 3, 2007, 6:00 P. M. COUNCIL CHAMBERS, 245 E. BONITA AVE. CITY COUNCIL: Mayor Curtis W. Morris Mayor Pro Tem Jeff Templeman Councilmember Denis Bertone Councilmember John Ebiner Councilmember Sandy McHenry 1._CALL TO ORDER 2. ORAL COMMUNICATIONS (For anyone wishing to address the City Council on an item not on the agenda. Under the provisions of the Brown Act, the legislative body is prohibited from taking or engaging in discussion on any item not appearing on the posted agenda. Speakers are limited to five (5) minutes) a. Members of the Audience 3. CONSENT CALENDAR (All items on the Consent Calendar are considered to be routine and will be enacted by one motion unless a member of the City Council requests separate discussion.) a. Resolutions read by title, further reading waived, passage and adoption recommended as follows: (1) No. 07-01, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS, CALIFORNIA, DECLARING ITS INTENT TO CONDUCT A PUBLIC HEARING TO VACATE THAT PORTION OF FIFTH STREET EXTENDING EAST FROM LONEHILL AVENUE TO ITS TERMINUS AT THE RAILROAD RIGHT-OF-WAY ADJACENT TO THE 57 FREEWAY AND TO VACATE APPURTENANT SLOPE EASEMENTS ON THE EAST SIDE OF LONE HILL AVENUE NORTH OF FIFTH STREET END OF CONSENT CALENDAR 4. ORAL COMMUNICATIONS a. Members of the Audience b. City Manager c. City Attorney d. Members of the City Council City Council Agenda January 3, 2007 5. ADJOURNMENT The next meeting is on Tuesday, January 9, 2007, 7:00 p.m. Page 2 CITY OF SAN DIMAS CITY COUNCIL MEETING SPEAKER'S SIGN IN SHEET DATE: d/-D 3-O % SpEC%4 YOU ARE NOT REQUIRED TO SIGN IN TO ADDRESS THE COUNCIL. HOWEVER, PRINTING YOUR NAME AND ADDRESS BELOW WILL ASSIST THE CITY CLERK IN PROVIDING ACCURATE INFORMATION IN THE OFFICIAL CITY MEETING RECORDS. PLEASE PRINT NAME ADDRESS BROWN, WINFIELD & CANZONERI 300 SOUTH GRAND AVENUE, 15^ FLOOR INCORPORATED - LOS ANGELES, CALIFORNIA 90071-3125 TELEPHONE (213) 687-2100 / FACSIMILE (213) 687-2149 WW W.EIWCLAW.COIA MEMORANDUM TO: The Honorable Mayor and Members of the San Dimas City Council FROM: J. Kenneth Brown CC: Blaine Michaelis, City Manager Krishna Patel, Director of Public Works Craig Hensley, Senior Planner, Planning Department Vicki E. Land, Esq. DATE: January 3, 2007 SUBJECT: Resolution Providing for the Vacation of Fifth Street and the adjacent slope. The Disposition and Development Agreement ("DDA") for the Costco Development (the 'Project') provides for the vacation of Fifth Street so it can be incorporated into the Project. At this time the Redevelopment Agency has acquired, or is in the process of acquiring, all of the properties required for the Project. The existing acquisition agreements provide that all of the tenants must relocate from the properties by the end of February 2007, or shortly thereafter. At the January 23, 2007, City Council/Agency meeting a Public Hearing will be conducted to consider: • Adoption of a Resolution vacating Fifth Street and the appurtenant slope area east of Lone Hill Avenue north of Fifth Street. • Approval of an Amended and Restated Disposition and Development Agreement. • Approval of the parcel map, which is scheduled for hearing by the Planning Commission at its January 17, 2007, meeting. Accompanying this memorandum is a resolution of the City Council which begins the vacation procedure and sets the January 23, 2007, hearing date. After the vacation resolution is adopted, Fifth Street will remain open until the property owners and tenants have relocated and the properties are vacant. 385930.1 000119.0079 12.26.2006 - 1024 AM RESOLUTION NO.07-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS DECLARING ITS INTENT TO CONDUCT A PUBLIC HEARING TO VACATE THAT PORTION OF FIFTH STREET EXTENDING EAST FROM LONEHILL AVENUE TO ITS TERMINUS AT THE RAILROAD RIGHT-OF-WAY ADJACENT TO THE 57 FREEWAY AND TO VACATE APPURTENANT SLOPE EASEMENTS ON THE EAST SIDE OF LONE HILL AVENUE NORTH OF FIFTH STREET. THE CITY COUNCIL OF THE CITY OF SAN DIMAS DOES RESOLVE AS FOLLOWS: SECTION 1: That the City Council of the City of San Dimas does hereby declare its intention to vacate that portion of Fifth Street extending east from Lone Hill Avenue to its terminus at the railroad right-of-way adjacent to the 57 Freeway and to vacate appurtenant slope easements on the east side of Lone Hill Avenue north of Fifth Street as shown on Attachment A. SECTION 2: The City Council of the City San Dimas does hereby elected to proceed to vacate said slope and street under the provisions of Section 8320 et. Sequitur of the Streets and Highway Code of the State of California. SECTION 3: That the hour of 7:00 PM on the 23rd day of January 2007 is hereby fixed as the time and date; and the San Dimas City Council Chambers at 245 Bonita Avenue, San Dimas, California, is hereby fixed as the place for hearing all persons interested in or objecting to the proposed vacation of said street. SECTION 4: Notices of the slope and street vacation shall be published and posted in the manner prescribed in Sections 8322 and 8323 of the Streets and Highways Code of the State of California, or any amendment thereto. SECTION 5: The City Clerk shall certify to the adoption of this Resolution and shall cause the same to be published and posted in the manner prescribed by law. APPROVED AND ADOPTED this 3rd Day of January 2007. Mayor of the City of San Dimas ATTEST: City Clerk 385546.1 000119,9000 12.4.2006 - 11:44 AM Memorandum to January 3, 2007 Page 2 The Honorable Mayor and Members of the San Dimas City Council It is recommended that the City Council waive further reading and adopt Resolution 07- 01: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS DECLARING ITS INTENT TO CONDUCT A PUBLIC HEARING TO VACATE THAT PORTION OF FIFTH STREET EXTENDING EAST FROM LONEHILL AVENUE TO ITS TERMINUS AT THE RAILROAD RIGHT-OF- WAY ADJACENT TO THE 57 FREEWAY AND TO VACATE APPURTENANT SLOPE EASEMENTS ALONG THE EAST SIDE OF LONE HILL AVENUE NORTH OF FIFTH STREET. 385930.1 000119.0079 12.26.2006 - 10:24 AM ATTACHMENT A EXHIBIT "A" ABANDONMENT OF FIFTH STREET AND APPURTANANT SLOPE EASEMENTS THOSE CERTAIN PARCELS OF LAND IN THE CITY OF SAN DIMAS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA SHOWN AS FIFTH STREET IN TRACT NO. 9601, AS PER MAP FILED IN BOOK 134 PAGES 17 THROUGH 18 OF MAPS, SHOWN AS FIFTH STREET IN PARCEL MAP NO. 15061 AS PER MAP FILED IN BOOK 170 PAGES 3 AND 4 OF PARCEL MAPS, TOGETHER WITH THE FOLLOWING PARCELS: PARCEL DESCRIBED AS PARCEL B IN DOCUMENT RECORDED NOVEMBER 4, 1970 AS INSTRUMENT NO. 3386, IN BOOK D4879 PAGE 574, PARCEL DESCRIBED AS PARCELS B AND C IN DOCUMENT RECORDED APRIL 15, 1970 AS INSTRUMENT NO. 1969, PARCEL DESCRIBED IN DOCUMENT RECORDED JUNE 21, 1965 AS INSTRUMENT NO. 3090 AND PARCEL DESCRIBED IN DOCUMENT RECORDED JANUARY 11, 1971 AS INSTRUMENT NO. 873, ALL OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM THAT PORTION OF FIFTH STREET LYING WITHIN PARCEL A, DESCRIBED IN DOCUMENT RECORDED APRIL 15, 1970 AS INSTRUMENT NO. 1969, OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. ALSO TOGETHER WITH THE FOLLOWING EASEMENTS FOR SLOPE PURPOSES: PARCEL DESCRIBED IN DOCUMENT RECORDED MAY 6, 1970, AS INSTRUMENT NO. 1331, PARCEL DESCRIBED IN DOCUMENT RECORDED AUGUST 27, 1970, AS INSTRUMENT NO. 2694, PARCEL DESCRIBED IN DOCUMENT RECORDED AUGUST 27, 1970, AS INSTRUMENT NO. 2692, PARCEL DESCRIBED IN DOCUMENT RECORDED MAY 6, 1970, AS INSTRUMENT NO. 1326, PARCEL DESCRIBED IN DOCUMENT RECORDED APRIL 17, 1970, AS INSTRUMENT NO. 2314, ALL OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. AS SHOWN ON EXHIBIT B' ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS I i DAY OF 2006. , L.S. 534 MA'0apping\156\(A%pARCEL M.AP\LEGALS\5TH STREET ABANDONMENT.doc 12,111/2006 Page 1 of I RESOLUTION NO.07-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS DECLARING ITS INTENT TO CONDUCT A PUBLIC HEARING TO VACATE THE SLOPE ON THE NORTH SIDE OF FIFTH STREET EAST OF LONE HILL AVENUE AND THAT PORTION OF FIFTH STREET EXTENDING EAST FROM LONEHILL AVENUE TO ITS TERMINUS AT THE RAILROAD RIGHT-OF-WAY ADJACENT TO THE 57 FREEWAY THE CITY COUNCIL OF THE CITY OF SAN DIMAS DOES RESOLVE AS FOLLOWS: SECTION 1: That the City Council of the City of San Dimas does hereby declare its intention to vacate the slope on the north side of Fifth Street east of Lone Hill Avenue and that portion of Fifth Street extending east from Lonehill Avenue to its terminus at the railroad right-of-way adjacent to the 57 freeway as shown on Attachment A. SECTION 2: The City Council of the City San Dimas does hereby elected to proceed to vacate said slope and street under the provisions of Section 8320 et. of the Streets and Highway Code of the State of California. SECTION 3: That the hour of 7:00 PM on the 23rd day of January 2007 is hereby fixed as the time and date, and the San Dimas City Council Chambers at 245 Bonita Avenue, San Dimas, California, is hereby fixed as the place for hearing all persons interested in or objecting to the proposed vacation of said street. SECTION 4: Notices of the slope and street vacation shall be published and posted in the manner prescribed in Sections 8322 and 8323 of the Streets and Highways Code of the State of California, or any amendment thereto. SECTION 5: The City Clerk shall certify to the adoption of this Resolution and shall cause the same to be published and posted in the manner prescribed by law. APPROVED AND ADOPTED this 3rd Day of January 2007. Mayor of the City of San Dimas ATTEST: City Clerk 385546.1 000119.9000 12 4.2006 - 11:44 AM BROWN, WINFIELD & 300 SOUTH GRAND AVENUE, 15TH FLOOR LOS ANGELES, CALIFORNIA 90071-3125 CANZON ERI TELEPHONE (213) 687-2100 / FACSIMILE (213) 687-2149 W W W.BWCLAW.COM INCORPORATED MEMORANDUM TO: The Honorable Mayor and Members of the San Dimas City Council FROM: J. Kenneth Brown CC: Blaine Michaelis, City Manager Krishna Patel, Director of Public Works Craig Hensley, Senior Planner, Planning Department Vicki E. Land, Esq. DATE: January 3, 2007 SUBJECT: Resolution Providing for the Vacation of Fifth Street and the adjacent slope. The Disposition and Development Agreement ("DDA") for the Costco Development (the "Project') provides for the vacation of Fifth Street so it can be incorporated into the Project. At this time the Redevelopment Agency has acquired, or is in the process of acquiring, all of the properties required for the Project. The existing acquisition agreements provide that all of the tenants must relocate from the properties by the end of February 2007, or shortly thereafter. At the January 23, 2007, City Council/Agency meeting a Public Hearing will be conducted on: • Amended and Restated Disposition and Development Agreement. • The parcel map, which is scheduled for hearing by the Planning Commission at its January 17, 2007, meeting. • Vacating Fifth Street and the adjacent slope area. Accompanying this memorandum is a resolution of the City Council which starts the vacation procedure and sets the hearing date. Even after the vacation resolution is adopted, Fifth Street will remain open until the property owners and tenants have relocated and the properties are vacant. Memorandum to The Honorable Mayor and Members of the San Dimas City Council January 3, 2007 Page 2 It is recommended that the City Council waive further reading and adopt Resolution 07- 01: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS DECLARING ITS INTENT TO CONDUCT A PUBLIC HEARING TO VACATE THE SLOPE ON THE NORTH SIDE OF FIFTH STREET EAST OF LONEHILL AVENUE AND THAT PORTION OF FIFTH STREET EXTENDING EAST FROM LONEHILL AVENUE TO ITS TERMINUS AT THE RAILROAD RIGHT-OF-WAY ADJACENT TO THE 57 FREEWAY J. KENNEIH BROWN TMOMAB F. WINFlELD III ANTTKINY CANZONERI VICKI E. LAND JAME4 C. CAMP BIEVEN ABRAM DENNIS S. ROY MARK W. 517ERES C. GEOFFREY MITCHELL DONALD P. RIM BILL PRAM WENDY G. GLENN WAYNE S. GRA,I W KI MICHAEL P. LEWIS BY E-MAIL Mr. Blaine Michaelis City of San Dimas 245 East Bonita Avenue San Dimas, CA 91773 BROWN, WINFIELD bE CANZONERI INCORPORATED ATTORNEYS AT LAW CALIFORNIA PLAZA 300 SOUTH GRAND AVENUE, 1S'" FLOOR LOS ANGELES. CALIFORNIA 90071-3125 TELEPHONE: (213) 687-2100 FACSIMILE: (213) 687-2149 WWW.BWCLAW.COM FILE NO.: 119-0000 DIRECT DIAL: (2131 BB7-21 O 1 E-MAIL: JKBRO"@BWCIAW.COM Re: Walker House — 33679 Notice of Public Hearing Dear Blaine: GORDON K. ENG AIMEE Y. WONG ARNOLD BARBA DIANN D. ALENANDER MICHAEL H. WALLENSTDN AORAµ R. GUERRA TODD C. MOONEY FZRI J. VARGAS ERIN H. WELSH DIANA J. VERNAZSA SENIOR COUNSEL SYLVIA D. LAUTSCH PENNY PITTMAN COBEY Attached is the Notice of Public Hearing which should be delivered-to_thei newspaper to be published on January 51h and 121h for the January 23`d, hearing to confifm the Agency' s authorization to pay for the acquisition and restoration of the Walker House. The "summary" which contains the information required under sections 33445 and 33679 must be on the counter on January_ 51h, the date of the first publication. Please arrange to have this notice sent to the newspaper. I would also like to discuss the summary, what has to be included and what the best record will include to support the findings that the Agency and City Council have to make. Sincerely, J J. Kenneth Brown JKB/cd Enclosure cc: Craig Hensley 388617.1 000119.9000 12.27.2006.2:31 PM F Lu U Q GLADSTONE 2 ,SEE SHEET 2 THE BOUNDARY IAMERICAN TIT I C) 790565 ID) 790566 E) 790568 F) 790570 G) 790571 J) 790575 !K) 790602 L) 790603 M) 790604 N) 790605 0) 790606 �%) 790621 J I I AND EASEMENTS SHOWN HEREON ARE PER THE FOLLOWING FIRS - COMPANY OF GLENDALE REPORTS: I G. VELLA CONSTRUCTION CO., A CALIFORNIA CORPORATION RAMON NUNO, AND RAFAEL NUNO ;I JOHN ALAN NASH AND LAURA L. NASH, AND DEBBIE S. NASH JOHN ALAN NASH AND LAURA L. NASH, AND DEBBIE S. NASH JOHN MARLES AND NATHALIE MARLES I r---:: MICHAEL ANCHONDO AND ERNESTINA ANCHONDO JOSEPH ANCHONDO AND LORRAINE ANCHONDO CITY OF SAN DIMAS REDEVELOPMENT AGENCY JOHN LATHAM AND SYLVIA LATHAM VAN WAGNER COMMUNICATIONS L.L.C. MICHAEL WALLACE PRUITT AND JEANNE BARBARA PRUITT THE CITY OF SAN DIMAS REDEVELOPMENT AGENCY Lf 4 5 6 7 I I I I I FOR SLOPE EASEMENTS ov B i0 11 I % 12 PARCEL 3, AN EASEMENF FOR PUBLIC STREET, ROAD OR HIGHWAY AND INCIDENTAL PURPOSES PER DOCUMENT.='" RECORDED APRIL 15, 1970, AS INST. NO 1969 OF OFFICIAL RECORDS AVENUE LEGEND INDICATES FIFTH STREET CREATED BY TRACT N0. 9601 \) \� INDICATES FIFTH STREET CREATED BY PARCEL MAP NO. 15061 \ ® INDICATES FIFTH STREET CREATED BY SEPERATE INSTRUMENTS DENOTES OWNER PER TITLE REPORT LIST HEREON ) 8 `€\ - I - I 15 i8 li lv LL1 - 1 j, „F„ \` ^g 10' WIDE EASEMENT FOR PUBLIC STREET AND HIGHWAY AND INCIDENTAL PURPOSES PER DOCUMENT RECORDED JANUARY 11, 1971 AS `rj7 I INSTRUMENT NO. 873 OF OFFICIAL RECORDS. oj4 PARCEL 8, AN EASEMENT FOR PUBLIC STREET AND HIGHWAY AND INCIDENTAL PURPOSES PER DEED RECORDED NOVEMBER 4, 1970 AS INST. PORTION O1' NO. 3386 IN BOOK D4879 PAGE 574 OF OFFICIAL RECORDS. PARCEL MAP No, i7223 PM3 183 / PARCEL 7 17 18 .O O \ \ ` SO' 0' 25' SO' \ GRAPHIC SCALE: I' - 50' 10' WIDE EASEMENT FOR PUBLIC ROAD AND HIGHWAY AND INCIDENTAL PURPOSES PER DOCUMENT RECORDED JUNE 21, 1965 AS INSTRUMENT NO. 3090 OF OFFICIAL RECORDS. _�b SOUTHERLY _LINE OF TRACT NO. 9601 — I I JJ 7 PARCEL MAP No. 18,952 PM3 202 / 35-35 PARCEL i m W Nam U z o azUQz aW " F W I Ao ww oaz 10 a aiwo�w �aa 0 i� V aNu F ooaGO � z cU N a aw Q R �LIW�+ W 0 C4 �o �F QC W ape"<.oa 0 o ammo q rw oo .:a �aora �wmao a szz' W E-F WU m o w oo Cw zrm� a wzF C WNa F G zap$ SHEET i OF 2 1 w Q Q GLADSTONE ----------------------- LEGEND INDICATES FIFTH STREET CREATED BY TRACT N0. 9601 I ' INDICATES FIFTH STREET CREATED BY PARCEL MAP NO. 15061 a INDICATES FIFTH STREET CREATED BY SEPERATE INSTRUMENTS �O DENOTES OWNER PER TITLE REPORT LIST HEREON 1 EASEMENT NOTES: O $ 2 Ot PARCEL C, SLOPE EASEMENT PER DOCUMENT RECORDED APRIL 15, 1970, 6 AS INST. NO. 1969, OF OFFICIAL RECORDS. I 3 5 O2 SLOPE EASEMENT PER DOCUMENT RECORDED MAY 6, 1970, AS INST. NO. 1331, OF OFFICIAL RECORDS. 5 30 SLOPE EASEMENT PER DOCUMENT •m 1 _ RECORDED. AUG. 27, 1970, AS INST. 1 NO. 2694, OF OFFICIAL RECORDS. w ZOO zzu 4 --- ----_-_----- ------- ® SLOPE EASEMENT PER DOCUMENT RECORDED AUG. 27, 1970, AS INST. a ^ F z ! z�gz'.�33 NO, 2692, OF OFFICIAL RECORDS. I I 1 SLOPE EASEMENT PER DOCUMENT aaU w o Z 3 RECORDED AUG. 27, 1970, AS INST. x ea 1 1 L- i0 �1 NO. 1326, OF OFFICIAL RECORDS. .. E- VA o z ao W d �x1' \ © SLOPE EASEMENT PER DOCUMENT w' aW w RECORDED AUG. 27, 1970, AS INST. a o - 1 H 10 it G I2 ='T3 sG• o• zs' so'— r_�_�� � NO. 2314, OF OFFICIAL RECORDS. I 2 - GRAPHIC SCALE: 1' 50' w m �zwd Wcoi TFLE REPORT ' .." -' F Cr; Ll Z THE IAMERICAN BOUNDARY AND EASEMENTS SHOWN HEREON ARE PER THE FOLLOWING FIRST TITLE COMPANY OF GLENDALE REPORTS: �w mono z U X¢ "D" E' O K' w X o p, I `i I ic) 790565 G. VELLA CONSTRUCTION CO., A CALIFORNIA CORPORATION � ID) 790566 RAMON NUNO, AND RAFAEL NUNO a '� o E) 790568 JOHN ALAN NASH AND LAURA L. NASH, AND DEBBIE S. NASH z E- �nwa..a F) 790570 JOHN ALAN NASH AND LAURA L. NASH, AND DEBBIE S. NASH ',G) 790571 JOHN MAKES AND NATHALIE MAKES ` 5TH O J) 790575 MICHAEL ANCHONDO AND ERNESTINA ANCHONDO K) 790602 JOSEPH ANCHONDO AND LORRAINE ANCHONDO L) 790603 CITY OF SAN DIMAS REDEVELOPMENT AGENCY w E., z 4 M) 790604 JOHN LATHAM AND SYLVIA LATHAM X z a - rrYA G N) 790605 VAN WAGNER COMMUNICATIONS L.L.C. z a 0) 790606 MICHAEL WALLACE PRUITT AND JEANNE BARBARA PRUITT m o ' 1 X) 790621 THE CITY OF SAN DIMAS REDEVELOPMENT AGENCY Q a W (I zIn 1 I aF6p ZIRwo JN156.64.02 PATiG&L MAP SCALE: NOTED DATE: 12 6 O6 DRWN BY.' RL Z. \ PJV)B 133 i CHKED BY: RL PAFfGEI SHEET 2 OF 2