HomeMy WebLinkAbout2019-288Resolution No. 2019-288
RESOLUTION NO. 2019-288
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE VACATION OF A PORTION OF
INSTITUTION ROAD, JUST SOUTH AND WEST OF
CAJON BOULEVARD AND THE RESERVATION OF
UTILITIES THEREIN
WHEREAS, On March 22, 2017, a petition to vacate a portion of Institution Road, just
south and west of Cajon Boulevard was received from Dennis S. Rice; 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, just
south and west of Cajon Boulevard; and
WHEREAS, On August 7, 2019, Resolution No. 2019-258 was adopted declaring its
intention to conduct a public hearing to order the vacation of portions of Institution Road, just
south and west of Cajon Boulevard, declaring the reservation of utilities easements therein and
granting authority to publish and post notices of the public hearing; and
WHERAS, On September 18, 2019 a public hearing was held where all persons
interested in or objecting to the proposed vacation areas appeared before the Mayor and City
Council of San Bernardino, California and offered evidence in relation to the vacation of
portions of Institution Road, just south and west of Cajon Boulevard.
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, in vacating
a portion of Institution Road, just south and west of Cajon Boulevard, 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 2. The Mayor and City Council of said City do hereby vacate that portion of
Institution Road, just south and west of Cajon Boulevard 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 3. 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. Reservations of easements are
made in accordance with the provisions of Division 9, Part 3, Chapter 5, Article 1 of the Streets
and Highways Code of the State of California. No reservations of easement were requested from
any public utility company or other public entity.
Resolution No. 2019-288
SECTION 4. 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 beco effective immediately.
APPROVED and ADOPTED by the City an si ' ied by the Mayor and attested
by the City Clerk this I e day of Sojember 2019
fohn Valdivia, Mayor
City of San Bernardino
Attest:
C�+ '-
Georgeann Ha na,'i MMC, City Clerk
I J;
Approved as to form:
Gary D. Saenz, City Attorney
Resolution No. 2019-288
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 hue copy of
Resolution No. 2019-288, adopted at a regular meeting held on the 18d' day of September 2019
by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ
MARRA
FIGUEROA
X
SHORETT_
_
NICKEL
X
RICHARD
x
MULVIHILL
_X
WITNESS my hand and official seal of the City of San Bernardino this 18'b day of September
2019.
Feorgeann 1 a1, C, City Clerk
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