CITY COUNCIL REGULAR MEETING AGENDA PACKET

Page 1 of 3 Item #10 CITY COUNCIL AGENDA REPORT May 21, 2024 Public Works - Engineering Division TITLE: ADOPT A RESOLUTION OF SUMMARY VACATION FOR A PUBLIC SERVICE EASEMENT AT 870 ST. JOHN COURT SUMMARY In 1995, Tract 6728 dedicated public easements within the St. John Place residential subdivision, including easements that encumber the property at 870 St. John Court, as currently owned by Jim and Denise Lehrman. The Lehrmans' plan is to install a swimming pool on the property, but the pool conflicts with a portion of a public service easement (PSE). The granted 15-foot-wide PSE extends along the frontage of St. John Court, continues east across the driveway and southern side of the property, and then continues north along the side yard of the property, terminating at the Arroyo del Valle. The purpose of the PSE across the driveway and side yard is unknown to City staff and is suspected to be a mapping error. The California Streets and Highways Code prescribes the process to be used by the City to vacate public easements. This process requires, among other requirements, that the City formally notify those who benefit from the easements. The beneficiaries of the PSE are those purveyors who operate utility networks in Pleasanton (PG&E, AT&T, Comcast, and others). If the easement was never utilized for its intended purpose, a simplified “summary” vacation process is allowed by state law. The easement beneficiaries have the right to protest the planned vacation. The City sent formal notices to each potential easement beneficiary asking whether they would object to the vacation process. There were no objections submitted by any of the beneficiaries. The project is now ready to move forward, subject to the City’s processing of the easement vacation as prescribed by §8330 et seq. of the California Streets and Highways Code. RECOMMENDATION Approve the Resolution of Summary Vacation as it meets the following requirements: 1. The City Council may summarily vacate a public service easement if it has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation (§8333(a)). 2. The City Council may vacate the street, highway, or public service easement by adopting a Resolution of Summary Vacation (§8335(a)(1)). 3. The Resolution of Summary Vacation must state the following (§8335(b)): a. That the vacation is made under this chapter; and b. That the vacation area is precisely described; and c. That the facts under which this summary vacation is made are as stated in this report; and d. That from and after the date this Resolution of Summary Vacation is recorded with Page 242 of 720