Title
Adoption of Resolution to Summarily Vacating a Public Utility Easement, Power Easement, Pathway Easement, and Streetlight Easement at 1051 Harbor Bay Parkway.
In accordance with the California Environmental Quality Act (CEQA), this action is categorically exempt from further environmental review pursuant to CEQA Guidelines Sections 15301 (Existing Facilities).(Public Works 310)
Body
To: Honorable Mayor and Members of the City Council
From: Jennifer Ott, City Manager
EXECUTIVE SUMMARY
Staff recommends City Council adopt a resolution approving a summary vacation of an existing Public Utility Easement (PUE), Power Easement (PE), Pathway Easement, and Streetlight Easement located at 1051 Harbor Bay Parkway. The public easements are no longer necessary, and the vacation of these easements will facilitate the Hilton Hotel development on the property.
BACKGROUND
On October 26, 2020, the Planning Board adopted Resolution PB-20-23, approving final Development Plan and Design Review application PLN17-0600 for the construction of a 133,611 square-foot, five-story hotel with 236 guest rooms located at 1051 Harbor Bay Parkway. Various public easements are located on the property for public purposes which were dedicated to the City of Alameda (City) between 1982 and 1983. The public easements include a PUE, PE, Pathway Easement, and Streetlight Easement.
DISCUSSION
The proposed vacation conforms to the guidelines of the General Plan, which calls for supporting development of the Harbor Bay Business Park with existing approvals and agreements of a project that will make a major contribution to the identity of Alameda and to the economic health of the East Bay. The proposed vacation of the easements will assist in the development of the hotel business going into 1051 Harbor Bay Parkway.
Pursuant to California Streets and Highways Code Section 8333, the City Council may summarily vacate a public service easement, which includes all easements used for public purposes, if the easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement. The PUE and PE are determined to be excess and all utility companies have no objections to the vacation of these easements. The Pathway Easement and Streetlight Easement are determined to have been relocated in 2003 because of the Harbor Bay Parkway and Ron Cowan Parkway intersection realignment. Therefore, City Council may summarily vacate these easements.
Further, pursuant to California Streets and Highways Code Section 8335, City Council may vacate a public service easement, which includes all easements used for public purposes, by adopting a resolution of vacation stating, among other requirements, the facts under which the summary vacation is made, and that from and after the date the resolution is recorded, the easement vacated no longer constitutes a public service easement.
Following adoption of the Resolution, pursuant to California Streets and Highways Code Section 8336, the City Clerk will record a certified copy of the resolution of vacation in the office of the County Recorder. Upon such recordation, the vacation is complete.
ALTERNATIVES
• Approve vacation of public easements as recommended by staff.
• Do not approve vacation of public easements. Not approving the vacation of easements would leave open the opportunity for the property owner to face legal consequences for obstructing an easement, including an injunction to remove the obstruction and potential monetary damages.
FINANCIAL IMPACT
Vacation of the easements, by itself, will not have a fiscal or economic impact; however, by vacating the easements, the hotel can open for business thereby improving commerce and generating property tax revenue.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
Streets and Highways Code Section 8313 requires that, if the proposed vacation of a street or public service easement is within an area for which a general plan is adopted, the City Council must consider the General Plan prior to vacating the easement. It further requires that Government Code Section 65402, which states that the Planning Commission shall report as to the conformity with the City’s General Plan, shall be followed if that section applies to the proposed vacation, however, this section is not applicable in this situation because the proposed vacation of the public service easement does not qualify as a disposition of real property.
ENVIRONMENTAL REVIEW
In accordance with CEQA, this action is categorically exempt from further environmental review pursuant to CEQA Guidelines Sections 15301 (Existing Facilities).
CLIMATE IMPACT
There are no identifiable climate impacts or climate action opportunities associated with the subject of this report.
RECOMMENDATION
Adopt a resolution to summarily vacate a Public Utility Easement, Power Easement, Pathway Easement, and Streetlight Easement at 1051 Harbor Bay Parkway.
Respectfully submitted,
Erin Smith, Public Works Director
By,
Scott Wikstrom, Deputy Public Works Director/City Engineer
Philip Lee, Assistant Civil Engineer
Financial Impact section reviewed,
Ross McCarthy, Finance Director