HomeMy WebLinkAbout2019-018Resolution 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 3an 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 �o�ciI a�d signed by the Mayor and attested
by the City Clerk this 6fl` day of February 2019. J 1
John Valdivia, Mayor
City of San Bernardino
Attest:
Georgean anna, 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. 2019-18 adopted at a regular meeting held at the 6d' day of February 2019 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ X
MARRA X
WWIUOT,M
SHORETT X
NICKEL C
RICHARD ')C
MULVIHILL
WITNESS my hand and official seal of the City of San Bernardino this 6h day of February 2019.
Georgeann anna,.iVi1VI _, City Clerk