HomeMy WebLinkAbout2019-258Resolution No. 2019-258
RESOLUTION NO. 2019-258
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
DECLARING ITS INTENTION TO CONDUCT A PUBLIC
HEARING TO ORDER THE VACATION OF A PORTION
OF INSTITUTION ROAD AND THE RESERVATION OF
UTILITIES THEREIN.
WHEREAS, On March 22, 2017 a petition to vacate a portion of Institution Road was
received from Dennis S. Rice, Applicant on behalf of Ridge San Bernardino ONE B1 Partners
LLC, a Delaware limited liability company, who owns the parcel of land abutting the proposed
street vacation; and
WHEREAS, On July 19, 2017, the Mayor and City Council authorized staff to proceed
with an investigation and analysis of Plan No. 13143 to vacate a portion of Institution Road; and
WHEREAS, On September 18, 2017 and March 6, 2019, notices were sent out to utility
companies and City Departments, informing them of the proposed street vacations.
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 a portion of Institution Road and the reservation of utilities
therein as described on the legal description attached hereto and incorporated as Exhibit "A" and
depicted on the map attached hereto and incorporated herein as Exhibit `B".
SECTION 2. The Mayor and City Council of San Bernardino, California, in vacating
the above-described portion of said street, 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 7:00 p.m., on Wednesday, September 18, 2019, in the Bing
Wong Auditorium of the Norman F. Feldheym Public Library located at 555 W. 6h Street, San
Bernardino, California, is fixed as the time and place when and where all persons interested in or
objecting to the propose vacation area 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. 13143".
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
public entity that existed prior to these vacation proceedings.
Resolution No. 2019-258
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 8. 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 9. Effective Date. This
APPROVED and ADOPTED by the
by the City Clerk this 74' day of Au tt 2019.
Attest:
GeorgeanrManna, MMC, City Clerk
Approved as to form:
Z" 2—
Gary
Gary D. Saenz, City Attorney
rsha bei: id effective immediately.
Cot it an geed by the Mayor and attested
7
John Valdivia, Mayor
City of San Bernardino
Resolution No. 2019-258
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. 2019-258 adopted at a regular meeting held on the 7'h day of Aug st 2019 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ
MARRA
FIGUEROA
SHORETT
NICKEL
�(
RICHARD
MULVIHILL
_
WITNESS my hand and official seal of the City of San Bernardino this 70` day of 2019.
PI\Georgeanntim,
MMC, City Clerk