March 29, 2005

SUBJECT:  Adoption of a Resolution Vacating a 10-foot Wide Public Utility Easement at 255 Caspian Drive

REPORT IN BRIEF

There is a 10-foot wide Public Utility Easement (PUE) on a property located at 255 Caspian Dr.  The subject PUE is not needed for present or prospective public use.  Staff recommends that the City Council adopt the attached resolution to vacate the subject PUE as shown on Attachment A, pursuant to Section 8320 et. seq. of the California Streets and Highways Code. 

BACKGROUND

There is a 10-foot wide PUE diagonally across the property located at 255 Caspian Dr..  The subject PUE was offered for dedication and accepted by the City as shown on a Parcel Map recorded with the County Recorder on 2/25/92. PUE allows the City and other utility companies the right to maintain, operate, replace, remove, or renew public utility facilities.  There are no existing City utility lines and no prospective City utilities in the subject PUE area.  As to date, there are also no other public facilities located within the subject PUE and the subject PUE is not being used for the purpose for which it was dedicated or acquired for.

Mr. Myron Crawford with Berg & Berg Enterprises, Inc., property manager authorized to act on behalf of the property owner, Mission West Properties LP, wrote a letter to the City on July 17, 2004 requesting that this diagonal PUE be abandoned.  In his letter, Mr. Crawford indicated that the subject diagonal PUE is a burden on the site and unduly restricts the placement of a future building and that removing the subject PUE is necessary to allow greater design flexibility and utilization of the site.  Letters were sent to various utility companies and they have no objections to the subject PUE abandonment. There are other PUE’s on this property that are to be retained.  

Environmental Status

Pursuant to California Environmental Quality Act (CEQA) Guidelines Article 5 Section 15061 (b)(3), it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, therefore, the activity is exempt from CEQA. 

EXISTING POLICY

General Plan, Fiscal Sub-­element.

GOAL 7.1A: Revenue: Maintain and Enhance the City's Revenue Base.

Policy 7.1A.1. Revenue base: Maintain a diversified and stable revenue base for the City.

Action Statements

7.1A.1p. Annually review which of the City's land holdings are not actively utilized and whether there are holdings which have no foreseeable public purpose.

DISCUSSION

Pursuant to California Streets and Highways Code Section 8320 et. seq., the City may vacate a PUE by adopting a resolution of vacation if, after holding a public hearing and considering evidence, it finds that the PUE being vacated is unnecessary for present or prospective public use.  After the date the resolution is recorded, the vacation is complete and the PUE vacated is no longer a PUE.

Staff recommends that the City Council adopt the attached resolution for a PUE vacation and authorize the City Clerk to cause a certified copy of the resolution to be recorded with the county recorder’s office.

FISCAL IMPACT

There is no fiscal impact as a result of this PUE vacation.

CONCLUSION

The proposed PUE vacation meets the California Streets and Highways Code provisions.  There are no existing City utility lines and no prospective City utilities in the subject PUE area.  All public utility companies have no objection to the subject PUE vacation.  Staff finds that the subject PUE proposed to be vacated is unnecessary for present or prospective public use and can be vacated as proposed.

PUBLIC NOTICE

Public notice was given by publishing twice in the weekly Sun newspaper and by posting at least three notices on the portion of PUE proposed to be vacated.  Additional public contact was made through the posting of the Council agenda on the City’s official notice bulletin board, posting of the agenda and report on the City’s Web page, publication of the Council agenda in the San Jose Mercury News, and the availability of the report in the Library and the City Clerk’s office.