Report Prepared by: Francisco Mendoza-Gonzalez, Associate Planner and Scott McBride, Director, Development Services Department
Title
SUBJECT: Public Hearing and Consideration of Options Related to the Potential Vacation of the Northern Portion of the Arbor Walkway Easement Including; Adoption of Resolutions 2021-55 Approving the Mutual Termination of the Easement Between the City of Merced and Creative Development Concepts, INC. and 2021-56 Approving the Full Vacation of the Northern Portion of the Arbor Walkway Easement, Approximately 2,800 Square Feet and Reverting Development Rights Back to the Adjacent Property Owner of 531 W. Main Street, Merced, Generally Located on the North Side of Main Street, Approximately 150 Feet East of M Street; Denying the Request to Vacate the Full Easement; or Alternative Options with a Partial Vacation of the Easement that Preserves a Minimum of Walkway for Public Use
REPORT IN BRIEF
Public Hearing and consideration of various options related to the potential vacation of the northern portion of the Arbor Walkway easement including adoption of Resolutions 2021-55 Approving the Mutual Termination of the easement agreement between the City of Merced and Creative Development Concepts, INC. and 2021-56 approving the full vacation of approximately 2,800 square feet which would revert development rights back to the adjacent property owner of 531 W. Main Street; denying the full vacation, or Directing Staff to return with a partial vacation of the easement that preserves a walkway for public use.
RECOMMENDATION
City Council - Adopt a motion:
Option 1: Adopting Resolution 2021-55 a Resolution of the City Council of the City of Merced, approving the mutual termination of the easement agreement between the City of Merced and Creative Development Concepts, INC., and Resolution 2021-56, a Resolution of the City Council of the City of Merced, California, ordering the vacation of the Arbor Walkway North easement (approximately 2,800 square feet) which would revert development rights back to adjacent property owner of 531 W. Main Street (Vacation #21-03).
Option 2: Adopt a motion denying full easement vacation request.
Option 3: Direct Staff to return to the City Council of the City of Merced with a partial vacation of the easement that preserves a minimum of fifty-one inches (51”) for Public Use; or
Option 4: A potential 4th option to be presented by Mr. Larks as part of the Public Hearing.
Body
ALTERNATIVES
1. Approve; or,
2. Approve, subject to modifications by the City Council; or,
3. Deny; or,
4. Refer back to staff for reconsideration of specific items (specific items to be addressed in the motion); or
5. Continue to a future meeting (date and time to be specified in motion).
AUTHORITY
Part 3, Chapter 3 of the Streets and Highways Code of the State of California authorizes the City Council to vacate a right-of-way or easement. The vacation shall be made by adoption of a resolution setting a public hearing pursuant to Section 8320 of the Streets and Highways Code and shall be recorded pursuant to Section 8325. The City of Merced Administrative Policies and Procedures No. A-6 provides direction to staff for processing vacation requests, and City Resolution 86-80 establishes a policy concerning costs associated with the vacation.
CITY COUNCIL PRIORITIES
Not applicable.
DISCUSSION
Request
The subject site is a 7,500-square-foot developed parcel zoned Central Commercial at 531 W. Main Street. The subject site contains a two-story building located in Downtown Merced with multiple suites that include several businesses such as United Way and Merced Chamber of Commerce. The northern portion of Arbor Walkway was installed several decades ago by the former Merced Redevelopment Agency. The intent was to create a mid-block walking path for residents parking within the City Parking Lot located on the south side of 18th Street, between M Street and Canal Street. Arbor Walkway would act as a direct path for residents parking in this area walking to Main Street.
History and Past Actions
Arbor Walkway was acquired through the Redevelopment Agency (RDA). After the Redevelopment Agency was disbanded around 2010, the area was transferred over to the Designated Local Authority (DLA). If the vacation is approved, the walkway agreement between the City and 531 W. Main Street would be terminated, and the development rights to use the area would revert back to the property owner of 531 W. Main Street.
At the Planning Commission meeting of April 21, 2021, the Planning Commission reviewed the vacation for consistency with the City’s General Plan and found, by unanimous vote of those present, that the proposed vacation does not conflict with any General Plan policies, text, or maps, and is, therefore, consistent with the General Plan.
On May 17, 2021, the City Council adopted a Resolution of Intention and set June 21, 2021, as the date for the public hearing to consider Vacation #21-03. This item was continued to the City Council Meeting August 2, 2021, again to the meeting of September 20, 2021 and finally to the November 1, 2021 meeting.
Prior to the City Council meeting of June 21, 2021, staff received a letter in opposition to this request with concerns regarding reduced public access and economic impact to businesses in this area. These concerns were reiterated by several residents during the public hearing. Conversely, other residents expressed support for the vacation of Arbor Walkway North noting that it would better secure the area from vandalism. They also noted the need for a commercial kitchen that could be used by United Way participants to become certified cooks.
The City Council continued this item to allow a compromise between the leaders in opposition and the leaders in favor of this vacation. Several meetings were held to discuss options that could potentially accommodate the needs of all interested parties. Those meetings took place on the following dates:
• June 24, 2021
• July 19, 2021
• September 2, 2021
• September 28, 2021
• October 19, 2021
Recommendation
The City Council is being asked to consider three potential options:
Option 1 - would include the approval of a City Council Resolutions 2021-55 and 2021-56 which is a full vacation of the easement which allows the development rights to use the area to revert back to the property owner of 531 W. Main Street City Council.
Option 2 - would deny the full vacation request. Should the Council select this option the current use and rights would remain.
Option 3 - would direct City Staff to return to the City Council with a partial vacation of the easement. Should the City Council desire to maintain an area for public access Staff would recommend retaining a fifty-one-inch (51”) easement that can be used for that purpose. That width provides room for an improved walkway and fencing. Selecting this option will require the preparation of a new legal description and likely other action which may include reconsideration by the Planning Commission for General Plan Consistency, setting of a new Public Hearing, and consideration of a new or revised City Council Resolution. It is anticipated that this action would require approx. $50,000 in funds to remove the existing planter boxes, establish a new pedestrian pathway and install a fence to delineate public and private property.
Option 4 - On October 25, 2021, Mr. Larks presented a potential 4th option for the City’s consideration. As there were legal elements of this proposal that required coordination by the City Attorney’s office and Mr. Larks legal counsel, staff have recommended that Mr. Larks present this option to the Council as part of his comments during the Public Hearing.
IMPACT ON CITY RESOURCES
There would be no impact on City resources with this action. Pending City Council direction, Staff would return for an appropriation of funds.
ATTACHMENTS
1. Location Map
2. Legal Description
3. Vacation Map
4. City Council Resolution to Terminate Agreement
5. City Council Resolution to Vacate Easement
6. Report from May 17, 2021
7. Email Communication from Dwight Larks
8. Presentation