(1)AR 100708 Vacation of Streets

Browse Search

Public Hearing to Vacate Streets in Rancho Mediterrania Staff Report and HOA to have ownership of the streets revert back to the individual owners of the HOA upon completion of street improvements. Clearing title to the ownership of the streets allows the HOA to maintain the security gate that was placed in mid -1999 and control streets within the Park. Clearing title will not have a negative impact on the police nor fire departments' ability to protect the Park as it does in any other privately held property. On March 4, 2008 the Agency adopted and subsequently on April 8 and July 1, 2008 amended a Common Area Improvement Agreement to rehabilitate the electric infrastructure within the park. The primary electric cable is being replaced and relocated from the side and rear yards of the residents to the streets. Construction improvements require that the streets be removed and ultimately repaired to a condition better than their current condition. The HOA prepared and issued bids for the rehabilitation of the streets as part of the Common Area Improvement Agreement. Given the improvements to the streets are imminent, at a subsequent meeting, staff will recommend satisfying the balance of the outstanding RAD 00-01 bonds to enable the streets to be free and clear of any obligations. In addition, the City will need to execute a deed transferring ownership, if any, of its interest in the streets back to the Agency. This action alone will automatically implement the action of the Agency's transfer of the streets to the individual lot owners that was provided at the time of purchase from the Agency. However, given it is unclear as to whether or not the City had any interests in the streets, Legal Counsel suggests the City exercise an overabundance of caution and vacate the streets and any interests the City may have held, if any. DISCUSSION/ANALYSIS On September 16, 2008, the City Council adopted Resolution No R-105-98 which set the public hearing to vacate streets for 6 pm on October 7, 2008. Publication of the Public Hearing was published for two successive weeks in the Colton City News and notification of the public hearing was posted conspicuously along the streets scheduled for vacation on October 2, 2008. Because the posting did not occur two weeks before the October 7, 2008 meeting, staff is requesting that the Council continue the public hearing to 6 pm on October 21, 2008. Also on October 2, all property owners and residents within the Park were mailed a notice of the Public Hearing for October 21, 2008. FINANCIAL IMPACT N/A ENVIRONMENTAL IMPACT N/A CONFLICT OF INTEREST N/A