HomeMy WebLinkAboutRES 2022-048 - Title Control and Maintenance portion of Dement StResolution No. 2022-48
RESOLUTION NO.2022-48
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
ACCEPTING TITLE CONTROL AND MAINTENANCE TO
A RECONSTRUCTED PORTION OF DEMENT STREET
UPON RELINQUISHMENT BY THE STATE OF
CALIFORNIA AND RECEIPT OF WRITTEN NOTICE
FROM THE STATE THAT THE WORK THEREON HAS
BEEN COMPLETED
WHEREAS, pursuant to "Off -site Street Construction Permit" No. E 1400631 and plans
approved by the City on May 19, 2014; the city allowed the State to perform work on a portion
of Dement Street from Post Mile 16.9 to Post Mile 17.1; and
WHEREAS, State has requested the City accept title, control, and maintenance to said
portion of Dement Street as shown on Exhibits A and B attached and incorporated herein upon
relinquishment by State and receipt of written notice from State that the work has been
completed, except for any portion which is adopted by the state as a part of the freeway proper;
and
WHEREAS, State has requested the city waives the 90-day notice of "Intention to
Relinquish" requirement contained in Section 73 of State Streets and Highways Code; and
WHEREAS, State has requested the City acknowledge receipt and review of the Initial
Site Assessment Document EA OK710 dated September 2, 2021 (ISA DOC EA OK710) and
agrees no dangerous conditions exist on said portion of Dement Street; and
WHEREAS, State has requested City to accept relinquishment of said portion of Dement
Street in its current environmental condition and setting, including, but not limited to, the
presence of hazardous materials as described in the ISA DOC EA 04351; and
WHEREAS, State has requested to be held harmless from and not responsible for any
present or future remediation of said hazardous materials upon recordation of the CTC
Resolution of Relinquishment. Upon said recordation, City will have all right, title, or interest to
the said portion of Dement Street shown as proposed Relinquishment No. 498-5 on Exhibit "A"
and reconstructed Dement Street on Exhibit `B".
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.
Resolution 2022-48
March 2, 2022
Page 1 of 4
Resolution No. 2022-48
SECTION 2. The Mayor and City Council hereby agrees to accept title, control, and
maintenance of the said portion of Dement Street upon relinquishment by State and receipt of
written notice from State that the work has been completed.
SECTION 3. The Mayor and City Council hereby waives the 90-day Notice of Intent to
Relinquish right of way from the State.
SECTION 4. The Mayor and City Council hereby acknowledges receipt and review of the
Initial Site Assessment Document EA OK710 dated September 2, 2021, and agree no dangerous
conditions exist on said portion of Dement Street.
SECTION 5. The Mayor and the City Council agrees the State shall be held harmless
from and not responsible for any present or future remediation of said hazardous materials upon
recordation of the CTC Resolution of Relinquishment. Upon said recordation, City will have all
right, title, or interest to the said portion of Dement Street shown as proposed Relinquishment No.
498-5 on Exhibit "A" and reconstructed Dement Street on Exhibit `B".
SECTION 6. The Mayor and 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 7. 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 8. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 2nd day of March 2022. a A
yor
City of San Bernardino
Resolution 2022-48
March 2, 2022
Page 2 of 4
Resolution No. 2022-48
Attest:
i
Eenoveva Rocha, CMC, City Clerk
Approved as to form:
PP
Sonia Carvalho, City Attorney
Resolution 2022-48
March 2, 2022
Page 3 of 4
Resolution No. 2022-48
CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2022-48, adopted at a regular meeting held on the 2nd day of March 2022 by the
following vote:
Council Members:
AYES NAYS ABSTAIN ABSENT
SANCHEZ
X
IBARRA
X
FIGUEROA
X
SHORETT
X
REYNOSO
X
CALVIN
X
ALEXANDER
X
WITNESS my hand and official seal of the City of San Bernardino this 3rd day of March 2022.
Genoveva Rocha, CMC, City Clerk
Resolution 2022-48
March 2, 2022
Page 4 of 4
EXHIBIT "A"
PROPOSED RELINQUISHMENT 498-S
BY THE STATE OF CALIFORNIA TO
THE CITY OF SAN BERNARDINO
UNINCORPORATED
COMMUNITY OF DEVORE
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NOTES: 1. RELINQUISHMENT NO. 498-S IS NOT COMPLETED
UNTIL THE RECORDATION OF THE RELATED CTC
RESOLUTION
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