PURPOSE

The purpose of this report is to provide the City Council with information to consider the extension of the time permitted to satisfy the conditions contained in vacation V-325 affecting the alleys bounded by Olive Avenue, Angeleno Avenue, Third Street and San Fernando Boulevard.

BACKGROUND

On July 20, 1999, the City Council adopted a Resolution (Exhibit A) conditionally vacating alleys bounded by Olive Avenue, Third Street, Angeleno Avenue, and San Fernando Boulevard.  This vacation (V-325) included the north/south alley, 12 feet wide, between Third Street and S. San Fernando Boulevard, and the east/west alley, 15 feet wide, between the east/west alley and Angeleno Avenue (Exhibit B).  The east/west alley runs mid-block between the former Police headquarters property and South San Fernando Boulevard including a portion used as a paseo.  The vacation resolution contained provisions that would expire within one year from the date of adoption if the conditions had not been met allowing the vacations to be recorded with the Los Angeles County Recorder.  V-325 was adopted on July 20, 1999.

The time frame was considered to be sufficient for Regent Properties, the developer at the time, to acquire all of the parcels surrounding the proposed alley areas and satisfy the conditions attached to the resolution.  Due to difficulties in obtaining financing to acquire and develop the proposed site, the developer was unable to acquire title to the site within the anticipated time frame and the project was cancelled.  Subsequently, the Council approved development plans for the entire site from the Olson Company and Cusumano Real Estate Group respectively. 

Although the expiration date for the original vacation resolution was July 20, 2000, the resolution can be amended beyond the expiration date in order to extend the time within which the conditions can be met and the vacation can be recorded and go into effect.  Unlike most other types of City Council resolutions that become effective upon adoption, vacation resolutions vacating public right-of-way and public service easements do not go into effect until they are recorded with the County Registrar.  Therefore, although the City Council approved the initial vacation (on July 20, 1999), the resolution never went into effect because the conditions had not yet been met. 

The expiration date does not invalidate the City Council approval of the initial vacation resolution.  The expiration date can be amended thereby extending the time frame within which the conditions of the vacation can be satisfied and the vacation can become effective.  The resolution amending the expiration date relates back to the adoption of the original vacation resolution adopted in 1999.  The legal effect of amending the expiration date is that the original vacation resolution did not expire.  In this case, the vacation resolution had not gone into effect, when it became evident that the vacation conditions would not be met by July 20, 2000.

                                                                                                                                                                                                                                      ANALYSIS

The time frame imposed in the original vacation resolution was not intended to void the vacation of the two alleys if all conditions were not met.  However, the time frame was imposed in order to provide a reasonable amount of time for the developer to take possession to those affected parcels and satisfy all conditions. 

The four vacation conditions required that certain public utilities be relocated in a manner approved by each public utility company.  All four public utilities (sewer, gas, electricity and telephone) have now been relocated and there are no utilities in the subject areas to be vacated.

It is necessary to amend the vacation resolution to eliminate the inconsistencies in the language relating to the time frame for expiration in the vacation resolution so that they will be accepted for recordation by the County of Los Angeles Recorder.  The proposed resolution will remove the time frame required to satisfy all conditions, while eliminating all language pertaining to site assemblage requirements by the previous developer.  It should be noted that the City Council has adopted a similar amendment earlier this year that amended the expiration date on Palm Avenue vacation resolution before it was recorded for the AMC project (V-324).

The Burbank Village Walk project is scheduled to begin construction in March 2004, while the Burbank Civic Plaza project is scheduled to begin construction in January 2004.  All conditions have been met and both projects are in the final stages of escrow at the writing of this report.  There is no longer the necessity to retain any conditions which might return the vacated right-of-way to the City for public use and the vacation resolution can now be recorded with the Los Angeles County Recorder.  

FISCAL IMPACT

The adoption of the resolution amending the time frames will have no fiscal impact to the City.

RECOMMENDATION

Staff recommends that the City Council approve the proposed resolution amending Resolution 25,566.

EXHIBITS

Exhibit A          Resolution No. 25,566

Exhibit B      V-Map 325

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