BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 236|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
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CONSENT
Bill No: SB 236
Author: Beall (D)
Amended: 4/29/15
Vote: 21
SENATE TRANS. & HOUSING COMMITTEE: 9-0, 5/5/15
AYES: Beall, Allen, Bates, Galgiani, Leyva, McGuire, Mendoza,
Roth, Wieckowski
NO VOTE RECORDED: Cannella, Gaines
SUBJECT: Public streets, highways, and public service
easements
SOURCE: City of San Jose
DIGEST: This bill permits the legislative body of the City of
San Jose to summarily vacate a street, highway, or public
service easement located between Casselino Drive and Mullinex
Way that is impassable for vehicular travel, if the legislative
body finds that the vacation will protect the public safety or
otherwise serve the public interest and convenience.
ANALYSIS:
Existing law:
1)Permits a local legislative body, through general vacation
proceedings, to vacate, or terminate a public use of, a
street, highway, or public service easement if the legislative
body finds through the evidence submitted that the street,
highway, or public service easement is unnecessary for present
or prospective public use.
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2) Permits a legislative body of a local agency to summarily
vacate (i.e., without a formal proceeding) a public easement
if one of the following occurs:
The easement has not been used for the purpose for which
it was dedicated for five consecutive years immediately
preceding the proposed vacation.
The date of acquisition or dedication is less than five
years, and more than one year, immediately preceding the
proposed vacation, and the easement was not used
continuously since that date.
The easement has been superseded by relocation, or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.
3) Permits a legislative body of a local agency to summarily
vacate a street or highway if both of the following conditions
exist:
For a period of five consecutive years, the street or
highway has been impassable for vehicular travel.
No public money was expended for maintenance on the
street or highway during such period.
4) Defines a public service easement as all or part of, or any
right in, a right-of-way, easement, or use restriction
acquired for public use by dedication or otherwise for
pathways and other limited use public easements other than for
street or highway purposes.
5) Defines a street or highway as all or part of, or any right
in, a state highway or other public highway, road, street,
avenue, alley, lane, driveway, place, court, trail, or other
public right-of-way or easement, or purported public street or
highway.
This bill:
1)Permits the legislative body of the City of San Jose (City) to
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summarily vacate, or terminate the public use of, a street,
highway, or public service easement located between Casselino
Drive and Mullinex Way that is impassable for vehicular
travel, if the legislative body finds that the vacation will
protect the public safety or otherwise serve the public
interest and convenience.
2)Permits the legislative body of the City to reserve the
easement from vacation to construct, maintain, operate,
replace, remove, and renew the non-vehicular pathway for use
by the public.
Comments
Purpose of the bill. According to the sponsor, the City of San
Jose, Communications Hill, located in the heart of San Jose, is
a growing community overlooking the Santa Clara Valley. Its
central attraction is a 200-step staircase leading to the top of
the hill that has drawn visitors from throughout the city for
outdoor workouts. The staircase and its views have also
attracted bad actors who engage in illegal drug use and public
drinking, litter, commit acts of vandalism, and hold noisy
events late into the night. The hill's popularity has also
meant more traffic and scarce parking, causing consternation
amongst the residents who live near it. This bill permits the
City to terminate the public use of this staircase and therefore
permits the City to enact curfews and other regulations.
Unique circumstances and limited applicability. The City has
struggled to respond to the growing number of complaints and
nuisance violations on Communications Hill, which transpire
primarily at night. This staircase was dedicated as a public
service easement, but could also be classified as a street or
highway under the statutory definitions. Due to the fact that
the staircase is open to the public, the City must allow the
sidewalk to be accessible at all times.
Current statutory authority permits a local government to
generally or summarily terminate the public use of a street,
highway, or public easement; however, the City does not meet the
requirements necessary to utilize these existing processes.
This bill resolves these public safety issues by permitting the
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City to vacate, or terminate the public right to use, the
staircase on Communications Hill located between Casselino Drive
and Mullinex Way under limited circumstances and allow the city
to establish a public trail in its place. Public trails do not
have to remain accessible for public use and may therefore have
curfews imposed upon them. This bill also allows the City to
continue to maintain the staircase.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:NoLocal: No
SUPPORT: (Verified5/6/15)
City of San Jose (source)
Strangis Properties
Tuscany Hills Homeowners' Association Board of Directors
OPPOSITION: (Verified5/6/15)
None received
Prepared by: Alison Dinmore / T. & H. / (916) 651-4121
5/6/15 16:16:15
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