BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 236| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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. SB 236 Page 2 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 The easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement. 3) Permits a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 SB 236 Page 3 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 SB 236 Page 4 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 **** END ****