The URL can be used to link to this page

Home My WebLink About2019-061Resolution No. 2019-61 RESOLUTION NO. 2019-61 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE MODIFICATION OF UNDERGROUND UTILITY DISTRICT NO. 20 ALONG 40M 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 4e Street between Kendall Drive and Palin Drive; and WHEREAS, on March 20, 2019, the City Council adopted Resolution No. 2019-46 initiating proceedings to modify Underground Utility District No. 20, under the terms of Chapter 13.36 of the City's Municipal Code which provides for the establishment of underground utility districts to provide for the orderly removal of existing poles, overhead wires and associated overhead structures and equipment for supplying electric, communication, community antenna television and similar associated services within the area described in Exhibits "A", attached hereto, and the construction of new underground facilities; and WHEREAS, the City Clerk gave notice of the time and place of the hearing to all affected utilities and property owners within the proposed Underground Utility District in the time and manner prescribed under Chapter 13.36 of the City's Municipal Code; and WHEREAS, a public hearing was held on May 1, 2019, at the City Council Chambers, located at located at 201 North `B" Street, 3`d Floor, San Bernardino, California, to determine whether or not the public necessity, health, safety and welfare requires that the City should continue with the proceedings to modify and implement an underground utility district for the conversion of overhead facilities to underground facilities, and the City Council received and heard oral and written views of persons interested in the formation of said district. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The City Clerk gave notice of the time and place of the hearing to all affected utilities and property owners within the proposed modified Underground Utility District No. 20 as shown on the last equalized assessment roll or as known to the City Clerk in the time and manner prescribed under Chapter 13.36 of the City's Municipal Code. SECTION 2. The public necessity, health, safety and welfare require formation of an underground utility district for the removal of poles, overhead wires and associated overhead structures within the area described as below and depicted in Exhibit "A". Resolution No. 2019-61 SECTION 3. The undergrounding of utilities within the area described in Exhibit "A" is in the general public interest for the following reasons: a) Undergrounding will avoid or eliminate an unusually heavy concentration of overhead distribution facilities; b) The street or road right-of-way is extensively used by the general public and carries a heavy volume of pedestrians or vehicular traffic; c) 40a` Street is considered a Major Arterial, as identified in the circulation element of the City's General Plan. SECTION 4. Underground Utility District No. 20 is hereby declared and depicted in Exhibit "A", attached to this Resolution and incorporated herein by this reference, said District being described as "150' east of centerline of Electric Avenue, proceeding west on 40th St. to the width of the new right-of-way, to 100' west of centerline of Johnson St. Poles identified and included for removal are referenced in City of San Bernardino Demo Plan, sent to SCE on May 30,2018". SECTION 5. The City Council hereby orders the removal of all existing poles, overhead wires and associated overhead facilities within Underground Utility District No. 20 for supplying electric, communication, community television antenna and associated services within said District. The City Council orders installed underground all facilities as that term is defined under Chapter 13.36 of the City's Municipal Code which are located within Underground Utility District No. 20. SECTION 6. All affected utilities are hereby authorized to discontinue overhead service in Underground Utility District No. 20, subject to the provision of underground service as specified in this Resolution. SECTION 7. Pursuant to Southern California Edison's Rule 20 Tariff, Rule 20A funds will be used for the installation of no more than 100 feet of each costumer's underground electric service lateral on private property, as well as the conversion of affected property owners meter panels from overhead to underground service. The cost of such meter conversions using Rule 20A funds shall be limited to existing meters, and shall not include permit fees and any upgrades requested by affected owners. Each affected telecommunications provider will also provide the necessary underground facilities on private property including underground service laterals and associated wiring and connections. SECTION S. Property owners shall grant each utility the necessary easements or land rights when it is necessary by the utilities to place their facilities on private property to complete the occasioned undergrounding. SECTION 9. The work of removal of all existing poles, overhead wires and associated overhead facilities and the installation of underground facilities must be completed by each utility within Underground Utility District No. 20 not later than July 2022. Reference is made to Chapter 13.36 of the City's Municipal Code for allocation of the responsibility between each utility. Resolution No. 2019-61 SECTION 10. 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 11. 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 12. Effective Date. This Resolution shall become effective immediately. SECTION 13. The City Clerk is hereby directed to mail a copy of this Resolution and a copy of Chapter 13.36 of the San Bernardino Municipal Code to all affected property owners as shown on the last equalized assessment roll and to all affected utilities within ten (10) days after the adoption of this Resolution. APPROVED and ADOPTED by the C attested by the City Clerk this 1 '� day of May 2019 Attest: Georgeann Hanna, MMC, City Clerk Approved as to form: Gary D. Saenz, City Attorney �cil signed by the Mayor and c John Valdivia, Mayor City of San Bernardino Resolution No. 2019-61 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. 2019-61 adopted at a regular meeting held at the I 't day of May 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ a MARRA X VACANT SHORETT NICKEL RICHARD i( MULVIHILL ) WITNESS my hand and official seal of the City of San Bernardino this 1 '` day of May 2019. Georgeann I��?a,A�lMC, C' y'Clerk Resolution No. 2019-61 Avm vaa3is rr — - •— w ri EXIIIBIT"A" (1 of 2) MAP OF UNDERGROUND UTILITY DISTRICT NO. 20 AS MODIFIED Resolution No. 2019-61 EXHIBIT "A" (Continued) Underground Utility District No. 20 as Modified is described as follows: 150' east of centerline of Electric Avenue, proceeding west on 40th St. to the width of the new right-of-way, to 100' west of centerline of Johnson St. Poles identified and included for removal are referenced in City of San Bernardino Demo Plan, sent to SCE on May 30, 2018.