HomeMy WebLinkAboutItem 13 Updated back-up materialCity Council Memorandum
Date:
__________, 2016
Date: February 6, 2019
To: Honorable Mayor and City Council Members
From: Gigi Hanna, City Clerk
Subject: Item 13: Resolution of the Mayor and City Council of the City of San
Bernardino declaring its Intent to Order the Vacation of a Portion of
"I" Street, Broadway Street, and Main Street, South of 3rd Street
and the Reservation of Utility Easements Therein
Staff has provided a revised resolution for item 13. The resolution is included as an
attachment to this memorandum and hard copies have been provided at the dais.
Please feel free to contact City Clerk Gigi Hanna (hanna_gi@sbcity.org) or Chief
Deputy City Clerk John Maier (maier_jo@sbcity.org) should you have any questions.
This Page Is Left Intentionally Blank
Resolution No. 2019-18
RESOLUTION NO. 2019-18 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
DECLARING ITS INTENT TO CONDUCT A PUBLIC
HEARING TO ORDER THE VACATION OF PORTIONS
OF “I” STREET, BROADWAY STREET AND MAIN
STREET, SOUTH OF 3RD STREET AND THE
RESERVATIONS OF UTILITIES THEREIN
WHEREAS, On October 26, 2017 a petition to vacate a portion of “I” Street South of
3rd Street and two adjacent alleys named Broadway Street and Main Street was received on from
FC Services, Inc. which owns 17 of the 19 parcels of land abutting the proposed street vacations;
and
WHEREAS, On July 5, 2018, the Mayor and City Council authorized staff to proceed
with an investigation and analysis of Plan No. 13218 to vacate portions of “I” Street, Broadway
Street and Main Street, South of 3rd Street and
WHEREAS, On August 30, 2018, notices were sent out to City Departments, San
Bernardino County Fire, utility providers, including the Water Department, and residents within
500’ informing them of the proposed street vacations; and
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor and City Council of San Bernardino, California hereby declare
its intentions to order the vacation of portions of “I” Street, Broadway Street, and Main Street
South of 3rd Street and the reservation of utilities therein as described on each of the legal
descriptions attached hereto and incorporated as Exhibit “A” and depicted on each of the maps
attached hereto and incorporated herein as Exhibit “B”.
SECTION 2. The Mayor and City Council of San Bernardino, California, in vacating
the above-described portions of said streets, elects to proceed in accordance with the provisions
of the “Public Streets, Highways and Service Easements Vacation Law”, being Division 9, Part
3, of the Streets and Highways Code of the State of California
SECTION 3. The hour of 5:00 p.m., on Wednesday, February 6, 2019, in the 3rd Floor
Council Chamber of 201 North “E” Street, San Bernardino, California, is fixed as the time and
place when and where all persons interested in or objecting to the propose vacation areas may
appear before the Mayor and City Council of San Bernardino, California and offer evidence in
relation hereto. For further particulars as to the proposed vacation, reference is made to that map
marked “Plan No. 13218”.
SECTION 4. Nothing in this Resolution shall in any way affect or disturb any other
existing easements for public utility purposes belonging either to the City of San Bernardino or
Resolution No. 2019-18
public entity that existed prior to these vacation proceedings; and is hereby specifically reserved
for the City of San Bernardino Municipal Water Department, an easement for the full width of
each street portion proposed to be vacated, including the right at any time, or from time to time,
to construct, maintain, operate, replace and renew one or more pipelines or appurtenances thereto
for the transportation of water and for the construction and maintenance of water wells and
related incidental purposes, including the right of ingress and egress thereto;
SECTION 5 The Deputy Director of Public Works/City Engineer of the City of San
Bernardino is hereby directed to cause Notices of Street Vacation to be posted as required by
said “Public Streets, Highways and Service Easements Vacation Law.”
SECTION 6 The City Clerk shall certify the adoption of this Resolution of Intention and
shall cause the same to be published once per week for two successive weeks in The Sun, a
newspaper published and circulated in the City of San Bernardino, prior to the above date set
forth for the public hearing
SECTION 7. The City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 5. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 6. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of __________, 2019.
John Valdivia, Mayor
City of San Bernardino
Attest:
__________________________________
Georgeann Hanna, MMC, City Clerk
Approved as to form:
__________________________________
Gary D. Saenz, City Attorney
Resolution No. 2019-18
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2019-____, adopted at a regular meeting held at the ___ day of _______, 2019 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
VACANT _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2019.
______________________________
Georgeann Hanna, MMC, City Clerk
RESOLUTION NO. 2019 -001 -PC
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN BERNARDINO, CALIFORNIA, FORWARDING A
RECOMMENDATION OF APPROVAL TO THE MAYOR AND CITY
COUNCIL FOR REAL PROPERTY STREET VACATION 15.30-429 FOR
PLAN NO. 13218 TO ALLOW THE STREET VACATIONS FOR
PORTIONS OF W. BROADWAY STREET, W. MAIN STREET AND N. I
STREET; AND, FINDING THE PROJECT SUBJECT TO A
CATEGORICAL EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.
WHEREAS, on October 3, 2018, pursuant to the requirements of §8312, Division 9, Part
3 of the Streets and Highway Code, California Government Code §65402, and Chapter 19.56
(Interpretation) of the City of San Bernardino Development Code, an application for Real
Property Street Vacation 15.30-429 for Plan No. 13218 was duly submitted by:
Property Owner: City of San Bernardino
290 N. D Street
San Bernardino, CA 92401
Project Applicant: Joseph E. Bonadiman & Associates
234 N. Arrowhead Avenue
San Bernardino, CA 92408
WHEREAS, the Planning Division of the Community Development Department has
reviewed Real Property Street Vacation 15.30-429 for Plan No. 13218 for consistency with the
City of San Bernardino General Plan and compliance with the City of San Bernardino
Development Code; and
WHEREAS, the Circulation Element is to design and improve a circulation system to
meet current and future needs of all residents, businesses and visitors, allow more convenient and
practical circulation to important economic segment within the City and improve safety, and the
vacating of portions of W. Broadway Street, W. Main Street and N. I Street will not conflict with
the City's General Plan Circulation Element; and
WHEREAS, pursuant to the requirements of the California Environmental Quality Act
("CEQA"), the Planning Division of the Community Development Department has evaluated
Real Property Street Vacation 15.30-429 for Plan No. 13218 and determined that it is exempt
from CEQA pursuant to Section 15061(b)(3) (Review for Exemption) of CEQA due to the fact
that the activity is covered by the general rule that CEQA applies only to projects, which have
the potential for causing a significant effect on the environment. The proposed street vacations of
portions of W. Broadway Street, W. Main Street and N. I Street has been evaluated, per Section
15061(b)(3) (Review for Exemption) of CEQA, and it can been seen with certainty that there is
no possibility that the proposed activity may have a significant effect on the environment.
Therefore, the proposed street vacations of portions of W. Broadway Street, W. Main Street and
N. I Street is not subject to CEQA; and
1
WHEREAS, on December 28, 2018, pursuant to the requirements of §19.52.020 of the
City of San Bernardino Development Code, the City gave public notice by advertising in the San
Bernardino Sun, a newspaper of general circulation within the City of San Bernardino, of the
holding of a public hearing at which Real Property Street Vacation 15.30-429 for Plan No. 13218
would be considered by the Planning Commission; and
WHEREAS, on January 8, 2019, pursuant to the requirements of §19.52.040 of the City
of San Bernardino Development Code, the Planning Commission held the duly noticed public
hearing at which interested persons had an opportunity to testify in support of, or opposition to
Real Property Street Vacation 15.30-429 for Plan No. 13218 and at which meeting the Planning
Commission considered Real Property Street Vacation 15.30-429 for Plan No. 13218; and
WHEREAS, pursuant to the requirements of Chapter 19.56 of the City of San
Bernardino Development Code, the Planning Commission has the authority to take action on
Real Property Street Vacation 15.30-429 for Plan No. 13218; and
NOW THEREFORE, the Planning Commission of the City of San Bernardino does hereby
resolve, determine, find, and order as follows:
SECTION 1. ENVIRONMENTAL DETERMINATION:
As the decision-making body for the project, the Planning Commission has reviewed and
considered the information contained in the administrative record for Real Property Street
Vacation 15.30-429 for Plan No. 13218. Based upon the facts and information contained in the
administrative record, including all written and oral evidence presented to the Planning
Commission, the Planning Commission finds, as follows:
(1) The administrative record has been completed in compliance with CEQA, the State
CEQA Guidelines, and the City's Local CEQA Guidelines, and
(2) The proposed project is categorically exempt from the requirements of the California
Environmental Quality Act pursuant to Section 15061(b)(3) (Review for Exemption) of the
CEQA Guidelines; and
(3) The application of the categorical exemption is not barred by one of the exceptions set
forth in the CEQA Guidelines Section 15061(b)(3); and
(4) The determination of CEQA exemption reflects the independent judgment of the
Planning Commission.
2
SECTION 2. FINDINGS FOR REAL PROPERTY STREET VACATION 15.30-
429:
Section 65402 of the California Government Code requires that Street Vacations meet a certain
finding prior to the approval by the Mayor and City Council. Accordingly, the following finding
is provided in support of the recommendation by the Planning Commission for the approval of
Real Property Street Vacation 15.30-429 for Plan No. 13218 by the Mayor and City Council.
Finding No. 1: The proposed street vacation is consistent with the General Plan.
Finding of Fact: The proposed vacations of portions of W. Broadway Street, W. Main Street
and N. I Street in order to accommodate the future development of a
commercial center, will not impair circulation to economic segments of
the City due to there being minimal vehicular traffic within the subject
area and these streets are depicted on maps as a Collector Streets in the
City's General Plan Circulation Element. Thus, vacating portions of W.
Broadway Street, W. Main Street and N. I Street will not conflict with the
City's General Plan Circulation Element. Therefore, Real Property Street
Vacation 15.30-429 for Plan No. 13218 is consistent with the City's
General Plan.
3
SECTION 3. PLANNING COMMISSION ACTION:
The Planning Commission hereby takes the following action:
1. Adoption of Planning Commission Resolution No. 2019-001 forwarding a
recommendation that the Mayor and City Council:
a. Findin& the Categorical Exemption, pursuant to Section 15061(b)(3) (Review
for Exemption) for Real Property Street Vacation 15.30-429 for Plan No. 13218
in accordance with the California Environmental Quality Act, and directing the
Community Development Director to prepare and file with the Clerk of the
County of San Bernardino a Notice of Exemption as provided under Public
Resources Code Section 21152(b) and CEQA Guidelines Section 15062; and
b. Approving Real Property Street Vacation 15.30-429 for Plan No. 13218 to
allow the street vacations of portions of W. Broadway Street, W. Main Street
and N. I Street (Exhibit "A").
PASSED, APPROVED AND ADOPTED this 8t' of January 2019.
ATTEST:
6
Oliv uTi�PlamjhjCommission Secretary
City of San rnard . California
4
iv Jone
San BernardiAb planning Commission
CERTIFICATION:
I, Stephanie Sanchez, Recording Secretary of the Planning Commission of the City of San
Bernardino, California, do hereby certify that the foregoing Resolution No. 2019-001, was duly
adopted by the Planning Commission of the City of San Bernardino, California, at a regular
meeting thereof held on the 8t' day of January 2019, by the following vote, to wit:
AYES: Lopez, Sanchez, Quiel, Liang, Jones, Woolbert & Ruiz
NOES: None
ABSENT: Dailey & Durr
ABSTAIN: None
5
Stepha 'e S chez, Reco¢di4 Secretary
City of 4n B mardino, (-�] i L1) mia
EXHIBIT "A"
STREET VACATION 15.30-429
CITY OF SAN BERNARDINO
INTEROMCE MEMORANDUM
TO: Yolanda R. Martin
Property Owner
FROM: Arlington Rodgers
Department of Public Works
SUBJECT: Street Vacation -- portions of Broadway Streets "I" Street' and Main Street
DATE: August 30, 2018
COPIES: File No.15.30-429;
A copy of Plan No. 13218, denoting the proposed vacation of portions of Broadway Street; "I" Street, and
Main Street, is on the reverse side of this memo.
Please examine this plan and notify the Real Property Section of any existing or proposed departmental
improvements that may conflict with the proposed street vacation, and return this completed form to the Real
Property Section, along with any additional information that you believe is necessary.
Please return this form to be in our office by no later than WEDNESDAY, UCTOBER�R32018.
PLEASE RETURN TO:
REAL PROPERTY SECTION
PUBLIC WORKS DEPARTMENT
BY WEDNESDAY, OCTOBER 3, 2018.
Date
We have no objection with the proposed vacation
We have some conflict with the proposal and recommend as follows:
Name
Phone / Extension Department/Division/Title
0-9
N
1 ,Qe
0138-.'273-60 )
FC MS Na
0138--1273--56
COIRANS WTAI
- ---- -1
0136-2758
SBCO TRANSPORTATION
0138-273-54 --
SOW TRANSPORTATION
LEGEND:
;r
W. BROADWAY S .
3RD ST.
FC SERVICES NC.
0IM-273-10
s
FC SERNCES INC.
�
pis
oopp
P'i
t�
N
;r
W. BROADWAY S .
0138-273-09
FC SERVICES NC.
0IM-273-10
s
FC SERNCES INC.
0138-27345
Yr3WDA R. MARTIN
0138-273-47
EUZ48 M
(.JIMRREZ GARAY
TOTAL MAHON: 37,634 SF
I FC SERNCES INC: 34,115 SF
J OTHERS- 3,519 SF
2ND ST,
o I I "ellmh mi n
PROPOSED STREET VACATION mw
100 0 100
CENTER LINE
SCALE: 1""-1 001
JOSEPH E. BONADIMAN S ASSOCIATES, INC. DOES NOT WARRANTY THE ACCURACY OF THE G.I.S. DATA PRESENTED
IN THIS EXHIBIT. THIS EXHIBIT MAY CONTAIN INFORMATION COPYRIGHTED TO THE COUNTY OF SAN BERNARDINO, CA
}IL ff
NADIMAN
10S 140,; 144095
JOSEPH• A6 !IL, TEi INC
FI�A"� • p,1,0. • �YRYE71N0 PLANNING
PROJECT
TEL (909) 895-M PROPOSED STREET 5"T. NO.
VACATIONS
F� CITY OF SAN BERNARDINO ofl