Resolution No. 2024-053
Resolution No. 2024-053
March 6, 2024
4 1
2 6
RESOLUTION NO. 2024-053
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE VACATION OF A PORTION ALONG
9TH STREET AND TIPPECANOE ANENUE AND
RESERVATION OF UTILITIES THEREIN.
WHEREAS, the Public Works Department previously received a petition to vacate a portion along 9th Street and Tippecanoe Avenue; and
WHEREAS, on May 3, 2023, the Mayor and City Council authorized staff to proceed with an investigation and analysis to vacate the street; and WHEREAS, on September 18, 2023, notices were sent out to City Departments, San Bernardino County Fire, utility providers, including the Water Department, informing them of the proposed street vacation and
WHEREAS, on October 10, 2023, the Planning Commission voted 3-3 on the proposed Resolution, thus failing to issue a finding of conformity with the City’s General Plan; and WHEREAS, on January 17, 2024, the Mayor and City Council adopted Resolution No. 2024-010 declaring its intention to conduct a public hearing on March 6, 2024, to order the street vacation; and
WHEREAS, on January 25, 2024, notices were sent out to residents within 1000 feet informing them of the proposed street vacation; and
WHEREAS, on March 6, 2024, 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 a portion along 9th Street and Tippecanoe Avenue, and the reservation of utilities therein.
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 Mayor and City Council of San Bernardino, California, in vacating a along 9th Street and Tippecanoe Avenue, 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.
Resolution No. 2024-053
Resolution No. 2024-053
March 6, 2024
4 1
2 6
SECTION 3. The Mayor and City Council of said City do hereby vacate that portion of along 9th Street and Tippecanoe Avenue as described on each of the attached legal descriptions as Exhibit “A”, and on each of the maps attached as Exhibit “B”.
SECTION 4. Approval of this Resolution shall not 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, with reservations of the easement as requested from Public Utility Company or other public entity.
SECTION 5.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 6.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 7. 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 6th day of March 2024.
Helen Tran, Mayor
City of San Bernardino
Resolution No. 2024-053
Resolution No. 2024-053
March 6, 2024
4 1
2 6
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Resolution No. 2024-053
Resolution No. 2024-053
March 6, 2024
4 1
2 6
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. 2024-053, adopted at a regular meeting held on the 6 th day of March 2024 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2024.
Genoveva Rocha, CMC, City Clerk