Resolution No. 2024-079
Resolution No. 2024-079
May 1, 2024
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RESOLUTION NO. 2024-079
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING AND DIRECTING THE CITY MANAGER
TO EXECUTE AN ENCROACHMENT PERMIT AND
COVENANT AGREEMENT WITH THE SAN MANUEL
BAND OF MISSION INDIANS, A FEDERALLY
RECOGNIZED INDIAN TRIBE, FOR THE
ENCROACHMENT OF TWO IMPROVEMENTS THAT
INCLUDE AN ABOVE GROUND WAYFINDING SIGN AND
A PRIMARY DIRECTIONAL MONUMENT SIGN
LOCATED AT VICTORIA AVENUE NORTH OF
LYNWOOD DRIVE AND SOUTHWEST OF PIEDMONT
DRIVE, SAN BERNARDINO, CALIFORNIA
WHEREAS, The San Manuel Band of Mission Indians, a federally recognized Indian tribe is requesting an Encroachment Permit and Convent Agreement with the City of San Bernardino, a charter city and municipal corporation; and
WHEREAS, The City’s Encroachment Permit and Covenant Agreement for permanent encroachments within the public right-of-way protects the City’s interest in the right-of-way while giving the Permittee permission to occupy the right-of-way in such a manner as to have as little impact to the public’s use as possible; and
WHEREAS, Pursuant to the Agreement, the Permittee shall indemnify, defend, and hold harmless the City from any costs, claims, damages, injuries, or liability arising from the Licensee’s use of the public right-of-way under the Encroachment Permit and Covenant Agreement.
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 hereby authorize and direct the City Manager to execute an Encroachment Permit and Covenant Agreement with the San Manuel Band of Mission Indians, a federally recognized Indian tribe, for the encroachment of improvements that include an above ground wayfinding sign and a primary directional monument that will include lane assignments located at Victoria Avenue north of Lynwood Drive and south west of Piedmont Drive, San Bernardino, California.
SECTION 3.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 Resolution No. 2024-079
Resolution No. 2024-079
May 1, 2024
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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 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 Council and signed by the Mayor and attested by the City Clerk this 1st day of May 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Resolution No. 2024-079
Resolution No. 2024-079
May 1, 2024
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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. 2024-079 adopted at a regular meeting held on the 1 st day of May 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 2nd day of May 2024.
Genoveva Rocha, CMC, City Clerk