(1)AR 102108 Rancho Mediterrania street vacation

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there has been a great deal of confusion over the ownership of the streets. It has always been the intention of the City/Agency and HOA to have ownership of the streets revert back to the individual owners of the HOA upon completion of street improvements. Providing for the ownership of the streets by the lot owners allows the HOA to maintain the security gate that was placed in mid -1999 and control streets within the Park. Ownership of the streets by the lot owners will not have an adverse impact on the police/fire departments' ability to respond to service calls in the Park, as police/fire personnel will continue to have access to these streets as they do with any 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. Replacement and relocation of the primary electric cable from the side and rear yards of the lots to the streets is almost complete. The construction improvements required that the streets be removed and ultimately repaired to a condition better than their previous condition. The HOA prepared and issued bids for the rehabilitation of the streets as part of the Common Area Improvement Agreement. Streets improvements are almost complete. Given completion of the improvements to the streets is imminent, staff recommends the Council and Agency Board take the necessary steps to finally clear any confusion related to the ownership of the streets. Vacation of any interests the City may have in the streets is one of the necessary steps. Another necessary step is payment in full of RAD 00-01, which will be considered by the Agency later in this meeting. Because it is not clear whether or not the streets are public streets, the City Attorney has advised that the City should exercise an overabundance of caution and vacate any interests the City may have in the streets, to include conveying any interest the City may have to the Agency to complete the transfer of the streets to the lot owners. 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. At its October 7, 2008 meeting, the Agency Board continued the public hearing to 6 pm on October 21, 2008 to allow for additional posting of the street vacation. Notification of the continued public hearing has been posted conspicuously along the streets scheduled for vacation on October 2, 2008. In addition, each homeowner and resident was mailed notification of the October 21St continued public hearing. DISCUSSION/ANALYSIS A public street or public easement may be vacated if the City Council finds from the evidence submitted at a noticed public hearing that the street or easement is unnecessary for present or prospective public use (Streets & Highway Code Section 8324). The streets in the Park are gated from 7:00 p.m. to 7:00 a.m. daily and are typically used primarily by Park residents and are not currently used by, nor will they be needed by the general public. Although the streets were originally private and continue to operate as private streets, this action will clear up any confusion over the true ownership of the streets which may have arisen when the City issued assessment district bonds. This action finally clarifies ownership of the streets and allows the resident owners to maintain their gated community.