Title
Subject: Olmsted and Brentford Streets
From: Public Works Agency
Recommendation: Approve the Final Passage (Second Reading) of an Ordinance vacating Olmsted and Brentford Streets between 66th and 69th Avenues
Body
(FFICE 0P -HE CIT'e CLERK
J ". 1. - .11 &@ D
2003 MA. Y 2 9 PM 1: 4 1
APPRO VFD AS TO FORM AND LEGALITY:
DEPUTYCITYATTOPNEY
INTRODUCED BY CONCILMEMBER
ORDINANCE NO. C. M. S.
AN ORDINANCE VACATING OLMSTED
AND BRENTFORD STREETS BETWEEN
66 T1 AND 69T' AVENUES.
WHEREAS, by the publication and posting of the notices as required by Chapter 3, Part 3
Division 9 of the California Streets and Highways Code, the Council of the City of Oakland did,
initiate proceedings for the proposed vacation of Olmsted Street and Brentford Street subject to
existing utility easements, said positions of streets proposed to be vacated being more particularly
described as follows:
All that real property situated in the City of Oakland, County of Alameda, State
of California, described as follows:
LEGAL DESCRIPTION FOR BRENTFORD STREET
Real property in the City of Oakland, County of Alameda, State of California,
describe as tollows:
Beginning at a point on the northwestern line of 69th Avenue distant thereon N.
50034'00" E., (the bearing of said line being taken as N. 50'34'00" E., for the
purpose of making this description) 87.24 feet from the most southern comer of
that certain parcel of land designated as "Tract 2" and described in the Quitclaim
Deed from the United States of America to the Housing Authority of the City of
Oakland, California. dated June 27, 1955 and recorded June 30, 1955 in Book
7707, Page 501. Alameda County Official Records; ninning thence N. 39'26'00"
W., 499.67 feet to a point from which the center of a circle having a radius of
item io.10"
ORA/Council
july 15,2003
65.00 feet bears N. 50'34'00" E.; thence along the circumference of said circle
northwesterly, northerly and northeasterly 102.10 feet; thence tangent to said
circumference N. 50'34'00" E., 202.21 feet to a oint from which the center of a
circle having a radius of 15.00 feet bears N . T9 26'00" W.; thence along the
circumference of the last said circle northeasterly and northerly 18.90 feet;
thence tangent to the last said circumference S. 21'37'54" E., 1.71 feet to a point
from which the center of a circle having a radius of 225.00 feet bears N.
68'22'06" E.; thence along the circumference of the last said circle southerly and
southeasterly 69.91 feet; thence tangent to the last said circumference S.
39-26'00" E., 5.00 feet to a point from which the center of a circle having a
radius of 15.00 feet bears S. 50'34'00" W.; thence along the circumference of
the last said circle northwesterly, westerly and southwesterly 23.56 feet; thence
tangent to the last said circumference S. 50'34'00" W., 190.00 feet to a point
from which the center of a circle having a radius of 15.00 feet bears S. 39'26'00"
E.; thence along the circumference of the last said circle southwesterly,
southerly, and southeasterly 23.56 feet; thence tangent to the last said
circumference S. 39'26'00" E., 499.67 feet to said northwestern line of 69th
Avenue; thence along the last named line S. 50'34'00" W., 50.00 feet to the
point of beginning.
LEGAL DESCRIPTION FOR OLMSTED STREET
Real property in the City of Oakland, County of Alameda, State of California,
described as follows:
Commencing at a point on the northwestern line of 69th Avenue, said point
being the most southern comer of that certain parcel of land designated as "Tract
2" and described in the Quitclaim Deed from the United States of America to the
Housing Authority of the City of Oakland, California dated June 27, 1955 and
recorded June 30, 1955 in Book 7707, Page 501, Alameda County Official
Records; running thence along said northwestern fine of 69th Avenue
N.50-34'00" E., (the bearing of said line being taken as N. 50'34'00" E., for the
purpose of making this description) 137.24 feet; thence leaving said
northwestern line of 69th Avenue, N. 39026'00" W., 140.50 feet to the actual
Point of Beginning, from which the center of a circle having a radius of 15.00
feet bears N. 50'34'00" E.; thence along the circumference of said circle
northwesterly, northerly and northeasterly 23.56 feet; thence tangent to said
circumference N. 50'34'00" E., 190.00 feet to a point from which the center of a
circle having a radius of 65.00 feet bears N. 39'26'00" W.; thence along the
circumference of the last said circle northeasterly, northerly and northwesterly
102.10 feet; thence tangent to the last said circumference N. 39'26'00" W.,
284.17 feet to a point from which the center of a circle having a radius of 175.00
feet bears N. 50'34'00" E.; thence along the circumference of the last said circle
northwesterly, northerly 54.3 )7 feet; thence tangent to the last said circumference
N.21 037'54" W., 47.31 feet to a point from which the center of a circle having a
radius of 125.00 feet bears S. 68022'06" W.; thence along the circumference of
the last said circle northerly and northwesterly 54.87 feet; thence tangent to the
last said circumference N.46'47'00" W- 227.99 feet to a point on the
northwestern boundary line of said parcel of land designated as "Tract 2" distant
thereon S. 43'13'00" W., 120.08 feet from the most northern comer of said
"Tract 2", last said line being, also, the southeastern line of 66th Avenue as it
existed September 1, 1961; thence along the last named line S. 43'13'00" W.,
50.00 feet; thence leaving said southeastern line of 66th Avenue, S. 46'47'00"
E., 227.99 feet to a point from which the center of a circle having a radius of
75.00 feet bears S. 43'13'00" W.; thence along the circumference of the last said
circle southeasterly and southerly 32.92 feet; thence tangent to last said
circumference S. 21'37'54" E., 47.31 feet to a point from which the center of a
circle having a radius of 225.00 feet bears N.68'22'06" E.; thence along the
circumference of the last said circle southerly and southeasterly 69.91 feet;
thence tangent to the last said circumference S.39'26'00" E. 284.17 feet to a
point from which the center of a circle having a radius of 15.00 feet bears S.
50'34'00" W.; thence along the circumference of the last said circle
southeasterly, southerly and southwesterly 23.56 feet; thence tangent to the last
said circumference S. 50'34'00" W., 190.00 feet to a point from which the center
of a circle havin a radius of 15.00 feet bears N.39'26'00" W.; thence along the
circumference of the last said circle southwesterly, westerly and northwesterly
23.56 feet; and thence tangent to the last said circumference S. 39'26'00" E.,
80.00 feet to the actual Point of Beginning.
WHEREAS, the City of Oakland reserves the rights fi7om this vacation for utility
easements; and.
WHEREAS, the City of Oakland will only approve permits for the affected areas
conditioned upon the provision of evidence by the Applicant that all utility easements have been
relinquished; and
WHEREAS, the City of Oakland will only approve land use entitlements for the affected
areas conditioned upon the provision of evidence by the Applicant that adequate emergency
access has been and will continue to be maintained; and
WHEREAS, the City of Oakland will only approve future land use entitlements for the
affected areas conditioned upon construction of the Phase One roadways to City standards for a
local-serving street and dedication of said roadway to the City of Oakland as a public street; and
WHEREAS, the street vacation facilitates redevelopment of the Coliseum Gardens
housing complex; and
WHEREAS, redevelopment of Coliseum Gardens will provide increased density and
improved site planning and community facilities near a BART station and intermodal transit
center; and
VV'HEREAS, the Land Use and Transportation Element of the General Plan identifies the
Coliseum area as a "Showcase District" (p. 6) where growth and community and economic
development are encouraged (p. 200); and
WHEREAS, the Land Use and Transportation Element of the General Plan identifies the
area that includes the streets to be vacated as a Transit-Oriented District that should provide a
transition between the surrounding low-density neighborhoods and the BART station transit hub,
and provide new development that capitalizes on proximity to transit and is compatible with
nearby residential and industrial uses; and
WHEREAS, the City of Oakland Planning Agency has found the street vacation to
conform to the City of Oakland General Plan consistent with the requirements of Government
Code 65402
WHEREAS, the City of Oakland had prepared an Initial Study/Environmental
Assessment reviewing the potential environmental impacts resulting from development of the
Coliseum Gardens, including vacation of Olmsted and Brentford Streets, in order to comply with
the California Environmental Quality Act and the National Environmental Protection Act; and
WHEREAS, the Coliseum Gardens Hope VI Revitalization Initial Study/Environmental
Assessment identified no significant impacts related to vacation of Olmsted and Brentford
Streets; and
WTIEREAS, the City of Oakland Planning Commission certified the Hope VI
Revitalization Initial Study/Environmental Assessment as a Mitigated Negative Declaration and
Finding of No Significant Impact on June 4, 2003; and
WHEREAS, said ordinance was duly published and notice thereof and of the time and
place of hearing thereon was duly posted in accordance with the requirements of Part 3, of
Division 9, of the Streets and Highways Code of the State of California; and
WHEREAS, this Council has, at the time of said hearing, heard and considered all the
evidence, both oral and written, offered by all persons interested in or objecting to the vacation
of said above described Olmsted Street and Brentford Street; and
THE COUNCIL OF THE CITY OF OAKLAND DOES ORDAIN AS FOLLOWS:
SECTION 1. That the Council of the City of Oakland does hereby find and determine that
public convenience and necessity require reservation and exception from the
vacation, pursuant to the provisions of Section 8330 and 8331 of the Streets and
Highways Code of the State of California, of the permanent easement and right at
any time, or from time to time, to construct, operate, replace, remove, renew and
enlarge sanitary sewers, and appurtenant structures in, upon, over, and across
Olmsted Street and Brentford Street proposed to be vacated, and pursuant to any
existing franchises or renewals thereof, or other-wise, to construct, maintain,
operate, replace, renew, and enlarge.lines of pipe, conduit, cables, wires, poles,
and other convenient structures, equipment, and fixtures, for the operation of gas
pipe lines, telegraph and telephone lines, and for the transportation or distribution
ot electric energy, and water, and for incidental purposes, including convenient
access and the right to keep the easement property free of buildings, and other
structures, inflarrunable materials, and wood growth, and otherwise protect the
same from all hazards in, upon, over, and across said Olmsted Street and
Brentford Street proposed to be vacated
SECTION 2. That Olmsted and Brentford Streets are vacated subject to existing utility
easements.
SECTION 3. That this Council finds and determines that this action complies with the
requirements of the California Environmental Quality Act and National
Environmental Protection Act.
SECTION 4. The City Clerk and Clerk of this Council is hereby directed to have a certified
copy of this ordinance recorded in the Office of the Recorder of Alameda
County, California, immediately upon its final passage. Upon such recordation
of this ordinance, the vacation of Olmsted and Brentford streets as described
above is complete.
introduction Date: JUN 1 7 2003
IN COUNCIL, OAKLAND, CALIFORNIA, 2003
PASSED BY THE FOLLOWING VOTE:
AYES- BROOKS, BRUNNER, CHANG, NADEL, QLAN, REID, WAN,
AND PRESIDENT DE LA FUENTE
NOES-
ABSENT-
ABSTENTION-
ATTEST:
CEDA FLOYD
City Clerk and Clerk of the Council
Of the City of Oakland, California
Iten, to. to CA@
ORAZo'uneij
Ju1Y 15, 2003
ATTACHMENT A:
PLAN INDICATING STREETS TO BE VACATED
NOTICE OF PROPOSED
STREET VACATION
*NOTE: ALL PROCEEDINGS FOR THE VACATION HEREIN PROPOSED SHALL BE IN
ACCORDANCE WITH TEE PROVISIONS OF PART 3, OF DIVISION 9, OF THE STREETS AND
HIGHWAYS CODE OF THE STATE OF CALIFORNIA.
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Notice is hereby fin-ther given that the ______4ay of at P.M. is
the time, and the Council Chamber at is the place, for hearing all
persons interested in or objecting to the proposed vacation.
IT IS UNLAWFUL TO ALTER OR REMOVE TFLIS NOTICE:
SUCH AN ACT IS PUNISHABLE BY A FINE CALVIN N. WONG
OF NOT MORE THAN FIVE HUNDRED DOLLARS Director of Building Services
($500.00), OR BY HAPRISONMENT IN T14E City of Oakland
CITY JAIL FOR NOT MORE THAN SIX(6)
MONTHS, OR BY BOTH FINE AND IMPRISONMENT.
(SECTION 3-8.03 O.M.C.)
ATTACHMENT B:
COLISEUM GARDENS NL4,STER PLAN ILLUSTRATIVE SITE PLAN
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ATTACHMENT C:
MEMORANDUM FROM LESLIE GOULD,
CITY OF OAKLAND PLANNING DIRECTOR,
DATED MAY 15,2003
21110h.
WTq_1 CITY OF OAKLAND
Community and Economic Development Agency, Planning & Zoning Services Division
2 5 0 Frank H. Ogawa Plaza, Suite 3330, Oakland, California, 94612-2032
MEMORANDUM
May 15, 2003
TO: Oakland Housing Authority
1805 Harrison Street
Oakland, CA 94612
Arm. Steve Hoppe
FROM: Leslie Gould, Planning Director
RE: Proposed Vacation of Olmstead and Brentford Streets between 66 1h and 69'h Avenues in
Oakland, California
The Planning Department supports the proposed vacation of Olmstead and Brentford Streets between 66 hand 6 91h
Avenues as part of redevelopment of the Oakland Housing Authority Coliseum Gardens housing complex and
finds the proposed street vacation to comply with the City of Oakland General Plan. The proposed Coliseum
Gardens redevelopment project involves demolition of residential and industrial buildings, removal of the streets
which are the subject of the proposed vacation, development of up to 480 units of affordable housing, relocation
and renovation of the existing Coliseum Gardens Park including restoration of Lion Creek, and the construction of
new streets to access the proposed development.
Vacation of the existing streets will facilitate development of the proposed project. Redevelopment of Coliseum
Gardens will provide increased density and improved site planning and community facilities near a BART station
and intermocial mass transit center. The City of Oakland adopted the Land Use and Transportation Element ofthe
General Plan (LUTE) in 1998. The LUTE includes the guiding land use policies for Oakland. The LUTE
identifies the Coliseum area as a "Showcase District- (LUTE, p. 6) where growth and community and economic
development are encouraged (LUTE, p. 200). More specifically, the Coliseum area is identified as a Transit-
Oriented District that should provide a transition between the surrounding low-density neighborhoods and the
BART station transit hub, and provide new development that capitalizes on proximity to transit and is compatible
with nearby residential and industrial uses. Redevelopment of Coliseum Gardens implement the objectives
identified in the LUTE.
cc: file
NOTICE AND DIGEST
AN ORDINANCE VACATING OLMSTED AND BRENTFORD STREETS BETWEEN
66 TI AND 69" AVENUES.
This Ordinance vacates Olinsted and Brentford Street between 66 1h and 691h Avenues subject to
easements reserved for utility purposes. All costs associated with the street vacation will be at
the owner's expense. The Ordinance makes certain findings in support of the street vacation.
Item 10. to CC,
ORA/Council
July 15, 2003