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HomeMy WebLinkAboutRES 90-91RESOLUTION NO. 90-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING PROCEDURES FOR THE CLOSURE OF STREETS, ROADS AND ALLEYS WITHIN THE CITY OF DIAMOND BAR. A. Recitals. (i) State law authorizes each city to establish procedures for the closure of streets, roads and alleys within the jurisdiction of each such city. (ii) The City Council of the City of Diamond Bar desires to establish uniform procedures for initiating and considering the closure of streets, roads and alleys within the City. (iii) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby find, determine as resolve as follows: 1. In all respects, as set forth in the Recitals, Part A, of this Resolution. 2. Definitions. a. City Council or Council as used herein shall mean the City Council of the City of Diamond Bar. b. Clerk shall mean the City Clerk of the City of Diamond Bar or his or her deputy. 1 C. Closure shall mean the permanent or temporary closure of a street thereby prohibiting through traffic thereon, but excluding temporary closures due to emergencies, for purposes of maintenance, construction, repair or reconstruction of any street, or as otherwise authorized by law. d. Commission shall mean the Planning Commission of the City of Diamond Bar. e. Committee shall mean the Traffic and Transportation Committee of the City of Diamond Bar. f. Director shall mean the Planning Director of the City of Diamond Bar or his or her designee. g. Engineer shall mean the City Engineer of the City of Diamond Bar. h. Public Utility shall mean a public utility as defined in Section 216 of the California Public Utilities Code or any successor provision or provisions thereto. i. Street shall mean any public street, road, highway, place, lane or alley within the City of Diamond Bar, but excluding State highways. 3. Authority. Pursuant to the authority vested in the Council under the Constitution and laws of the State of California, the City Council, after public hearing and compliance with the procedures set forth herein, as the same may be modified from time to time, shall have authority to close a public street within the City. 2 b. The Resolution of Intention shall include all of the following: (1.) A Declaration of the intention of the Council to close. (2) A statement that the closure proceeding is conducted under this Resolution. (3) A description of the general location of the closure and a reference to a map or plan, which shows the area of the closure, on file in the office of the City Clerk. In the case of a street or highway, the description shall include its lawful or official name or the name by which it is commonly known. In the case of an alley, lane or other such right-of-way, the description shall identify it with common certainty. (4) A direction to the Engineer to commence such studies as are required pursuant to this Resolution and a reference to the Commission for its report pursuant to Section 4 hereof, if appropriate. In addition, the matter shall be referred to the Committee for initiation of public hearings pursuant to this Resolution upon completion of the reports, analysis and surveys required of the Engineer hereunder. (5) Whether mailed notice of hearing shall be required. C. The Resolution of Intention shall be published or posted in the manner prescribed for the publication and posting of resolutions of the Council. The publication or E hearing to be held thereon, the Engineer shall present for review and obtain comments from affected public service entities including, but not limited to, public utility companies, police and fire service organizations and any other such public service entities which may have an interest in the proposed closure. The Engineer shall also provide an estimate of costs of effect the proposed closure. 8. Affidavits to Prove Publication. Mailing and Posting. a. Proof of publication of a notice hereunder shall be made by affidavit pursuant to the California Code of Civil Procedure. Proof of the posting of a notice shall be made b affidavit of the person y p posting it, reciting the facts of the.. posting. Proof of mailing of a notice shall be made by affidavit by the person mailing it, reciting the facts of the mailing. b. An officer required to publish, mail or post any notice required or permitted hereunder, shall file the affidavit with the Clerk. Failure to do so shall not invalidate proceedings under this Resolution. An affidavit so filed is prima facie evidence of the facts stated therein. 9. Resolution of Intent. a. The Council may initiate a proceeding under this Resolution by adopting a Resolution of Intention to close, which may be upon its own initiative or upon a petition or request of interested persons. 4 4. Area Under General Plan. If the proposed closure of a street is within the area for which a general plan has been adopted or shall be adopted, the Council shall consider the general plan or proposed general plan prior to closing any street. For purposes of this procedure, the procedures in California Government Code Sections 65360 or 65402, as the case may be, shall be followed if the same apply to the proposed closure. If neither sections 65360 nor 65402 apply, the Council may submit the proposed closure to the Commission and give the Commission the opportunity to report upon the proposed closure. 5. Multiple Closures. One or more streets, whether or not contiguous, may be included and closed in the same proceeding. 6. Compliance With Environmental Quality Act Requirements. Upon initiation of a proposed closure, as provided for herein, and prior to the first public hearing to be conducted hereunder, the Engineer and the Director shall cause such studies to be made as are required to comply with the requirements of the California Environmental Quality Act of 1970 (California Public Resources Code Sections 21000, et. seq.). 7. Review and Comment by Affected Public Services Entities. Prior to presentation of the proposed closure to the Traffic and Transportation Committee, at the first public 3 posting of the Resolution of Intention shall be in addition to any publication of notice, posting of notice or mailing of notice required hereunder. 10. Petitions to Initiate Closure. a. Ten (10) or more property owners may petition the Council to close a street under this Resolution. At least two of the petitioners shall be residents of the road district in which the proposed closure is situated and shall be taxable therein for street or highway purposes. b. The residence address of each such petitioner shall be set forth in the petition. C. The Council may require the payment of a fee for filing a petition to defray the expenses of investigations, mailings, publications and postings under this Resolution. d. Nothing in this section shall affect the right of the Council to initiate a proceeding under this Resolution under its own initiative, or upon petition or request of an interested person, or prevent the Council from closing a street without charging costs if the Council determines it is in the public interest to do so. 11. Notice of Hearing Before Traffic and Transportation Committee. Upon completion of any required reports, analysis and/or surveys to be conducted by the Engineer, and within 180 days of the reference of the proposed closure by the Council to the Committee, the Clerk shall cause notice of the date, hour and E place of the hearing before the Committee with respect to the proposed closure to be published for at least two successive weeks prior to the hearing in a daily, semiweekly, or weekly newspaper published and circulated in the City of Diamond Bar. In addition, if directed in the Notice of Intention adopted by the Council, the Clerk shall cause mailed notice to be made to all persons and entities owning real property within the area of the proposed closure, specified in the Resolution of Intention, as shown on the most recent equalized assessment roll. 12. Posting of Notices 21 Vacation. a. At least two weeks before the day set for the hearing before the Committee, the Engineer shall post conspicuously Notices of Closure along the line of the street proposed to be closed. The notices shall be posted not more than 300 feet apart, but at least three such notices shall be posted. If the line of the street proposed to be closed exceeds one mile in length, the legislative body may, in lieu of posting not more than 300 feet apart, post notices at each intersection of another street with the street proposed to be closed and at one point approximately midway between each such intersection, but at least three notices shall be posted. b. The notices shall state the day, hour, and place of hearing and shall refer to the adoption of the Resolution of Intention or to the filing of the petition. 7 C. The notices shall describe the street proposed to be closed. In the case of street or highway, the description shall include its lawful or official name or the name by which it is commonly know. In the case of an alley, lane or other such right-of-way, the description shall identify it with common certainty. A map or plan showing the location of the proposed point of closure shall be deemed sufficient compliance with this subsection. 13. Hearing by Committee. a. At the hearing, the Committee shall hear the evidence offered by any interested person including evidence presented by City staff and shall consider the environmental effects of the proposed closure. b. If the Committee finds, from all the evidence submitted, that the closure of the street(s) described in the Resolution of Intention or petition is required for the public welfare, convenience, safety and necessity, the Committee may adopt a resolution recommending to the City Council that the closure of the street occur. In addition, the Committee may recommend such conditions as may be required for the public convenience, welfare, necessity and safety to be satisfied prior to closure of the street. C. The resolution of the Committee shall forthwith be transmitted to the City Council together with all supporting data and minutes of the hearing and the same shall 8 consititute the report of the Committee with respect to the proposed closure. 14. Notices of Hearing by City Council. a. Upon receipt of the report of the Committee with respect to the proposed closure, the City Council shall fix the date, hour and place of a public hearing on the proposed closure in accordance with the provisions of Section 11 above, and, further, may require mailed notice to be given by the Clerk of the hearing. In addition, the Engineer shall post the notices of vacation in accordance with the provisions of Section 12 above. 15. Hearing by city Council. a. At the hearing before the Council, the Council shall hear the evidence offered by all personsinterested in the proposed closure, and shall review the staff reports, analysis and surveys prepared by staff. b. If the Council finds, from all the evidence submitted, that the public convenience, necessity, safety and welfare require the closure of the street(s) described in the Resolution of Intention or petition, the Council may adopt a resolution closing said street(s). In addition, and prior to taking action on the resolution to close the subject street(s), the City Council shall make such findings as are necessary pursuant to the California Environmental Quality Act. E C. The resolution of closure may provide that the closure shall occur only after conditions required by the Council have been satisfied, including, but not limited to, waiver or relinquishment of access rights, and may instruct the Clerk that the resolution of closure not be recorded until all such conditions have been satisfied. 16. Recordation of Resolution. a. The Clerk shall cause a certified copy of the resolution of closure, attested by the Clerk under seal, to be recorded without acknowledgment, certificate of acknowledgment, or further proof in the office of the Recorder of Los Angeles County. No fees shall be charged for such recordation. b. Upon such recordation, the closure is complete. 17. The City Clerk shall certify to the adoption of this Resolution. PASSED, ADOPTED AND APPROVED this 6th day of November , 1990. 10 I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the 6th day of November 1990, by the following vote: AYES: COUNCIL MEMBERS: Papen, Kim, Mayor Pro Tem Forbing and Mayor Werner NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Horcher ABSTAINED: COUNCIL MEMBERS: None ATTEST: City C erk of t C y orf Diamond Bar N\10111SnUMIDB5.14 11