HomeMy WebLinkAbout2019-046RESOLUTION NO. 2019-46
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING NOTICING A PUBLIC HEARING RELATIVE
TO THE MODIFICATION OF UNDERGROUND UTILITY
DISTRICT NO. 20 ALONG 40TH STREET BETWEEN
KENDALL DRIVE AND PALM DRIVE.
WHEREAS, on March 18, 1991, the Mayor and City Council adopted Resolution
No. 1991-096 creating Underground Utility District No. 20 along 40th Street between
Kendall Drive and Palm Drive; and
WHEREAS, undergrounding of overhead lines has been completed throughout
District 20, except for the reach between Johnson Street and Electric Avenue; and
WHEREAS, utility companies are required by Rule 20 of the Public Utilities
Commission to set aside a certain portion of their revenues in special accounts to finance
the cost of undergrounding overhead facilities within districts established by local
agencies. Each agency is allocated a certain amount of funds based upon the total number
of overhead services within the agency's boundaries; and
WHEREAS, Southern California Edison Company has advised the City by letter
dated September 21, 2018, that sufficient funds are available in the City's Rule 20A
account to fully fund the undergrounding of overhead lines along 40'' Street between
Johnson Street and Electric Avenue; and
WHEREAS, Southern California Edison Company has advised the City that
Resolution No. 1991-096 does not meet current requirements to allow them to proceed
with undergrounding overhead lines through said reach; and
WHEREAS, Southern California Edison has indicated that the City must approve
a conforming Resolution in order to qualify for Rule 20A monies, and
WHEREAS, Chapter 13.36 required that a public hearing be called to ascertain
whether the public necessity, health, safety or welfare requires the removal of poles,
overhead wires and associated overhead structure within designated areas of the City and
the underground installation of wires and facilities for supplying electric, communication,
or similar or associated service.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein
by this reference.
SECTION 2. That proceedings to modify Underground Utility District No. 20,
under the terms of Chapter 13.36 of the City's Municipal Code are hereby initiated.
Resolution No. 2019-46
SECTION 3. A Public Hearing before the Mayor and City Council is hereby set
to be held on May 1, 2019, at the hour of 7:00 p.m., at the Council Chambers, 201 North
"E" Street, San Bernardino, California, to determine whether the public necessity, health,
safety or welfare requires the removal of poles, overhead wires and associated overhead
structure within designated areas of the City and the underground installation of wires
and facilities for supplying electric, communication, or similar or associated service.
SECTION 4. In accordance with Chapter 13.36 of the Municipal Code, the City
Clerk is hereby authorized and directed to notify all affected property owners as shown
on the last equalized assessment roll and utilities concerned by mail of the time and place
of such hearings at least ten days prior to the date thereof.
SECTION 5. That 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 6. 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 7. Effective Date. This Resolution shall become effective
immediately.
APPROVED and ADOPTED by the City Council a signed by the Mayor and
attested by the City Clerk this 20`h day of March 20
John Valdivia, Mayor
City of San Bernardino
Attest:
Georgeann H a, MMC, Citk' lerk
Approved as to form:
Gary D. Saenz, City Attorney
Resolution No. 2019-46
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. 2019-46 adopted at a regular meeting held at the 20th day of
March 2019 by the following vote:
Council Members:
SANCHEZ
IBARRA
VACANT
SHORETT
NICKEL
RICHARD
MULVIHILL
AYES NAYS ABSTAIN ABSENT
I/
WITNESS my hand and official seal of the City of San Bernardino this 20''' day of March
2019.
Georgeann Hails a, MMC, City Clerk