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HomeMy WebLinkAbout2019-174Resolution No. 2019-174 RESOLUTION NO. 2019-174 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT REIMBURSEMENT IN THE AMOUNT OF $106,348.63 FOR THE PATTON BASIN STORM DRAIN REPAIRS AND APPROVE A ONE-TIME APPROPRIATION FROM THE STORM DRAIN FUND BALANCE WHEREAS, Article III of the City Charter which provides for the City's legislative function with the power to set policy, approve contracts and agreements, and undertake other obligations; WHEREAS, In September 1978, San Bernardino County Flood Control District issued Permit No. P-277077 to the City of San Bernardino to construct and maintain 48 -inch reinforced concrete pipe (R.C.P) at Patton Basin; WHEREAS, According to the Permit No. P-277077 any damage caused to the basin is City's responsibility; WHEREAS, On February 2019, the northeast corner of Patton Basin was eroded due to storm water runoff during a series of significant rain events and further damage could undermine Victoria Avenue, potentially resulting in road damage and significant safety hazards; WHEREAS, San Bernardino County Flood Control District did the repair to restore the native material and stabilize the slope and needs to be reimbursed; 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. The City Manager or his designee is hereby authorized and directed to reimburse San Bernardino County Flood Control District in the amount of $106,348.63. SECTION 3. 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. Resolution No. 2019-174 SECTION 4. 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 5. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City inj9d ' ned by the Mayor and attested by the City Clerk this 17'h day of July2019. • John Valdivia, Mayor City of San Bernardino Attest: Georgeann 149nna, MMC, City Clerk Approved as to form: Gary D. Saenz, City Attorney Resolution No. 2019-174 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. 2019-174 adopted at a regular meeting held on the 17& day of July 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ IBARRA X FIGUEROA X SHORETT NICKEL %r RICHARD MULVIHILL WITNESS my hand and official seal of the City of San Bernardino -this 17`h- day of July 2019. _ f eorgeanirHona, MMC, Ci Klerk