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HomeMy WebLinkAbout1990-404 ...." " . 09-10-90 1 2 :3 4 5 RESOLUTION NO. 90-404 RESOLUTION OF THE CITY OF SAN BERNARDINO MAKING APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION OF THE COUNTY OF SAN BERNARDINO FOR THE ANNEXATION OF THE TERRITORY LOCATED NORTH OF 40TH STREET, BETWEEN WATERMAN AVENUE AND DAVID WAY WHEREAS, the Mayor and Common Council as the governing body of the 6 City of San Bernardino desire to initiate proceedings pursuant to the 7 Cortese-Knox Local Government Reorganization Act of 1985, Division 3, 8 commencing with Section 56000 of the California Government Code, for the 9 annexation of the area generally located North of 40th Street, between 10 Waterman Avenue and David Way; and 11 WHEREAS, the territory proposed to be annexed is uninhabited, and 12 a description of the boundaries of the territory is set forth in Exhibit "C" 13 attached hereto and incorporated by reference as fully as though set forth 14 in length herein; and 15 WHEREAS, this proposal is consistent with the sphere of influence 16 of the affected City; and 17 WHEREAS, the reason for this proposed annexation is as follows: 18 1) The City of San Bernardino was directed to initiate the 19 procedures for the annexation of the subject property in order to eliminate 20 the "island" formed by Annexation No. 347. 21 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 22 23 SECTION 1. Application and a proposal is hereby made to the 24 Local Agency Formation Commission of the County of San Bernardino to take 25 proceedings for the annexation of uninhabited territory located North of 26 40th Street, between Waterman Avenue and David Way, as outlined in the 27 justification form marked Exhibit "A", and the plan and narrative marked 28 exhibit "B", and a full description of the area proposed for annexation -1- . ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 09-10-90 RESOLUTION MAKING APPLICATION FOR PROPOSED ANNEXATION LOCATED NORTH OF 40TH STREET, BETWEEN WATERMAN AVENUE AND DAVID WAY marked Exhibit "C", which are attached hereto and incorporated by reference as fully as though set forth in length herein, in the manner provided by the Cortese-Knox Local Government Reorganization Act of 1985. SECTION 2. The Clerk of the governing body is hereby authorized and directed to file a certified copy of this Resolution with the Executive Officer of the Local Agency Formation Commission of the County of San Bernardino. / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / -2- '. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 09-10-90 RESOLUTIO~ ~AKING APPLICATION FOR PROPOSED ANNE~~TION LOCATED NORTH OF STREET, BETWEEN WATERMAN AVENUE AND DAVID WAY 40TH I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Conunon Council of the City of San Bernardino at a 1 eQUldr meeting thereof held on the day of 1st October , 19~, by the following vote, to-wit: ~ounci 1 t:!embers: AYES NAYS ABSTAIN ESTRADA REILLY x FLORES x MAUDSLEY x MINOR x POPE-LUDLAM x MILLER x G~t~~ The foregoing resolution is hereby approved this ;<:'/1 tl day of October , 19~ City Approved as to form and legal content: JAMES F. PENMAN, City Attorney By: CtrJ/k--? ;. W:~ (j -3- EXHIIIT -.- Justification for Proposal and Preliminary Environmental Description Form For LAFCO Use Only TO: Local Agency Formation Commission 175 West Fifth Street, Second Floor San Bernardino, CA 92415-0490 (714) 387-5866 INTRODUCTION: The questions 1n this form are designed to obtain enough deta about ~~e proposed project site to allow the Commission and staff to adequately assess the project, Bv taklno the time to fully . respond to the ouestlons below. you can reduce the processlno time for your prolect. You mey also fnclude any additional fnformatlon which you believe is pertinent. Use additional sheets where neces- sary, or attach any relevant documents. 1. Proposed NAME OF PROPOSAL: 40th Street, between Waterman Avenue and David Way (Annexation No. 348). GENERAL INFORMATION Annexation of the territory generally located North of 7. APPLICANT: City of San Bernardino 3. GENERAL LOCATION: North of 40th Street. between Waterman Avenue and David Way. 4. Does the appll~lon possess 100S written consent of each property owner in the subject territory? YES ____ NO ____ (If YES, attach written authorizations.) 5. Indicate the reasons that the proposed action has betn requested. Annexation 11347 Pursuant to LAFCO 2584, 6. Would the proposal cr~ a totally or substantially surrounded island of unincorporated terri- tory? YES ____ NO ____ If YES, please justify the proposed boundary and attach that justifica- tion to this application. 1. Total land area: LAND USE AND DEVELOPMENT POTENTIAL 39.11 acres (MIL) (.0611 square miles) 2. Owtll1ng units In area: Approximately 6 3. Approximate population in area: 12-15 4. Indicate the General Plan designation of the affected city (If any) and uses permlted by this Public Flood Control Area deslgnatlon(s): EXHIBIT "A" -2- San 81rnardtno County "neral Plan desfgnatfon and uses penlftted by thfs desfgnatfon(s): Resource Conservation (RC) District Land Use, 1 dwellin~ per 40 acres; and Single Family Residential (RS) District Land Use, 1 dwellin~ per 7,200 sq ft 5. Descrfbe any spechl IIno use concerns expressed in the above pllns. N/A 6. Indfcate the exfstfng lano use. Residential and vacant land What is the proposed IInd use? same ? Has the area been prezoned? YE~ NO ____ NIA ____. Is the area in the process of prezon- ing? YES ____ NO ____ N/A~. If YES to either questfon. what fs the prezonfng classfff- catfon, tftle. densities permitted. Public Flood Control Distrir.t 8. Will the proposal requfre public services from any agency or dfstrfct which is currently operating at or near capacity (includfng sewer. water. polfce. ffre. or schools)? YES ____ N~ If YES. please explafn. PLAN FOR SERVICES (Reorganizatfons and Annexatfons) Sectfon 56653 of the Governnlnt Code requfres the submfssfon of a Plan for Servfces wfth every proposal inftfated by a resolutton of a legislatfve body. The Commissfon has adopted standards for the prepara- tfon of these dOcunents. Please attached to this applicatfon a narratfve descrfption of the Plan for Servfces which includes. at least. the followfng informatfon: 1. An enumeration and descrfptfon of the services to be extended to the affected terrftory. Z. A descrfptfon of the level and range of those servfces. 3. An indfcation of when those servfces can feasfbly be extended to the stUdy area. 4. An fndfcatfon of any improvement. or upgrading of fnfrastructure or other condftfons the local agency would fmpose or require wfthfn the affected terrftory (for example. the payment of fees. the upgraofng of structures. roads. water and sewer facflftfes. etc.). .,. / .: -3- 5. An indication of how the agency's services will be financed if the change is approved. 6. An indication of whether the ,ffected ,rea is or will be proposed for inclusion within ,n existing or proposed improv...nt zone. redevelopment 'rea, ,ssess..nt district or co..unity facilities district. The submitted Plan for Services must demonstrate that the range ,nd level of service currently ,v,il- ,ble will, ,t le,st, be maintained following co-oletion of the ch,nge. The Pl,n for Sarvices needs to be signed, d,ted, ,nd certified 's t~ its completeness ,nd ,ccuracy by ,n official representative of the ,ffected city or district. A Pl,n for Services will be required for e,ch ,ffected agency cont,ined within, reorg,nization propos,l. ~: Sponsors of a proposal initi,ted by petition may sublit their proposal without, Pl,n for Services. In these c,ses, the LAFCO office will notify the ,ffected city or district th't they will be required to submit' Pl,n for Services. FACTORS OF CONSIDERATION FOR SPHERE OF INFLUENCE REVIEW ONLY P;.,se att,ch to this ,ppllc,tion , n,rrative description of the following: 1. Present ,nd pl,nned l,nd uses in the ,re,. 2. The present and prob'ble need for pUblic facilities ,nd services in the area. 3. The present cap,city of pUblic f,cilities 'nd adequacy of public services. 4. The existenct of 'ny soci,l or economic communities in the are,. ENVIRONMENTAL INFORMATION 1. St,tt gener,l description of topogr,phy. the Southeastern portion is generally flat, with the North and Western portions sloping and hilly. 2. Describe 'ny existing improvements in the site 's S of tot,l ,re,. Residenthl 35.0% S Agricultural 0 S C~rchl 0 S V,c,nt 65.0% S Industrhl 0 S Other j.J S 3. Describe the 'djactnt land uses. East residential; South and West Flood Control District; North - vacant -4- 4. Descrl. sl" .lteratlO11s th.t will. prodUCed by Il1prov_nt proj.cts ISsochted with this proposed .etl.. (gr.dlng. flow chann.llzatlO11. .tc.). N/A 5. Will s.rvic. .xtensions acco.pllshed'by this proposal induc. growth on this sit.? YES }[K NO _ Adjac.nt sites? YES _ NQ'_ UnIncorporated _ Incorporated -XX - 6. Is this proj.ct a part of I larger proj.ct or serilS of proj.cts? YES ~ NO pl.lS. uplaln. If YES. Dllr~l1An+ +-n T Ali'f"(\ ,)II\AlL 4nn~vA+inn it'"J.47 _ p.lim;nllltinn nf An "i~ll1nd" NOTICES Plels. provide the names and Iddresses of persons who Ire to be furnish.d copi.s of the agenda .nd staff report Ind who arl to be given mailed not1cI of hear1ng. NAME SHAUNA CLARK. CITY ADMIN. TELEPHONE NO. (714) 364-5122 AODRESS 300 N. "D" STREET, SAN BERNARDINO, CA 92418 NAME DA~~T ~DA~~~V. ~TTV ~lrDY TELEPHONE NO. (71"' ~Au_"nn? ADDRESS 300 N. "D" STREET. SAN BERNARDINO, CA 92418 LES FOGASSY, TELEPHONE NO. 300 N. "D" STREET, SAN BERNARDINO, CA 92418 (714) 384-5111 NAME ADDRESS CERTI FICA TI ON I h.reby c.rtlfy that the statentnts furnish.d abovl and 1n the attach.d Ixhibits pres.nt the data Ind infOMlltion required for thIs 1nitill .valuation to the best of my ability. and that the flcts. stat...nts. and Info,..tion pres.ntld herein Ire true Ind corre the best of my know and bell.f. CITY S N ERNARDINO DATE 7- I ~- FO BY: PHONE 26"1 - Sill 300 N. "D" STREET ADDRESS SAN BERNARDINO, CA 92416 Date: August 31, 1990 File No. : 12.01-328 PLAN AND NARRATIVE FOR PROVIDING SERVICES TO A PROPOSED ANNEXATION TO THE CITY OF SAN BERNARDINO GENERAU.Y LOCATED NORTH OF 40TH STREF:I' BETWEEN WATERKAN AVENUE AND DAVID WAY City of San Bernardino Depart:.ent of Pub 1 ic Works Real Property Section 300 N. "D" street San Bernardino, CA 92418 EIhibit "B" NARRATIVE FOR PROVIDING SERVICES FOR A PROPOSED ANHEXATHlN TO THE CITY OF SAN BERNARDINO, FOR THE AREA GENERALLY LOCATED NOR'I1l OF 40TH STREET, BE1'WEEN WATERPIAIl AVENUE AND DAVID WAY The _yor and Heabers of the Co.on Council of the City of San Bernardino agree and desire to annex the above described territory to the City of San Bernardino, for the following reasons: 1. The territory proposed to be annexed is contiguous to the liaits of said City on all four sides. The creation of this island has LAFCO to direct the City to atteapt to annex this area. corporate proapted 2. The incorporation of this territory will help contribute to and facilitate the orderly growth and developaent of the existing City area and the territory proposed to be annexed. This proposed annexation is within the sphere of Influence for the City of San Bernardino. 3. This annexation will also help to provide a unifora and orderly ~er of growth, planning and zoning of lands, and the subdivision of lands therein in such a aanner aost conductive to the welfare of said City and the area proposed for annexation. 4. The City of San Bernardino has planned for providing all typical City services to the area under consideration for annexation. The following is an enuaeration and description of services which will be extended to the affected territory, which describes the level and range of such services that will be provided, as well as the feasibility of extending such services and any iaproveaents that will be required by the City, along with a description of when the service .ill co.ence and the financing of such iaproveaents and services and any conditions iaposed by the City. a) Planning, Zoning, Code Enforceaent and Building Inspection The City shall provide these services in conforaance with appropriate Governaent Codes and City Ordinances as well as following the City's General Plan for zoning and subject to the provisions of Land Use Ordinance No. 1991. This function is supported by City taxes and appropriate zoning, building and perait fees. b) Parks and Recreation The area proposed for annexation will have no iapact on park or recreational facilities or prograas, and no additional services will be required as a result of the annexation. The cost to the taxpayer wi thin the proposed annexation wi 11 be collected through the City taxes and by required fees charges to those individuals who wish to participate in City-sponsored recreational activities where charges and fees are applicable. c) Library Service It is iaportant to note that the resources of the entire library systea are readily _de available to the proposed annexation, including the Central Library located at 6th and "E" Streets. The cost for these services are paid through City taxes and becOlle available i.ediately upon annexation. -2- d) Public safety, Police The San Bernardino Police Departaent is authorized a c~l~nt of 244 sworn officers and approxiaately 128 civilians, not counting 72 school crossings guards. The Patrol Division .aintains 6 beat areas of the City. The Division presently averages 24 Police units on patrol 24 hours a day, counting supervisory and traffic personnel. The Detective Division has 30 sworn officers and works fro. 8:00 a... to 5:00 p... daily, HondllY through Friday. The Services Division .aintains all records and identification and provides support services to the other two Divisions on a 24 hour a day basis. The cost for these services are paid through City taxes, and beco~ available i.-ediately upon annexation. e) Public Safety, Fire, Par~edic and Rescue Fire protection services will be provided upon annexation and the affected residents will be provided with a Class 3 rated Fire departaent with eleven (II) different fire stations to respond. A typical structural fire on the first al~ deploys two (2) engine co~ies, one (1) ladder truck co~y, a par~edic squad and one (1) Battalion Chief. In addition to fire protection, the City also has a .ini.u. of four (4) par~edic units on duty 24 hours a day. Each unit has two (2) par~edics each, giving a total of eight (8) par~ics on duty at all ti.es. Also, the City is equipped with helicopter assistance for rescue and/or evacuation services when required. The closest station to the proposed annexation area is Fire Station No.7, located at 282 W. 40th Street. The cost for these services are paid through the City taxes and bec~ available i.-ediately. f) Public Safety, Mbulance Service The City of San Bernardino, under Ordinance No. 1987, franchise to Courtesy Mbulance Co~y as the only .edical transportation carrier within the City lints. The rates are established ~ the above ordinance and fees are paid ~ the user. g) Water and Sewer services The area is currently served by ~ the City of San Bernardino Municipal Water Depart.ent, and they wi 11 re.ain to serve this area for the ti~. The trea~nt, disposal and reel_tion of wastewater is processed ~ the City of San Bernardino's Trea~nt Plant. Sewer services would be available to the residents of the area upon annexation. The .ethods and availability of installing of sewer .ains would vary, as would the financing for such projects ( paid for~ developers in the area, assess.ent districts, etc.) h) Cable Television - This area is currently under the jurisdiction of Ch~bers Cable TV, and will continue to be so, after annexation. i) Public utilities Electricity, Gas and Telephone services These services are currently provided to the project area. The City will allow service to continue upon annexation under present -3- franchise agre~nts between the various utility cOllJlllllies. The rate structure and cost to the property owners are controlled by the Public utilities C~ission and any expansion of future service will be created by the request of developers and/or property owners. j) Solid Waste. Collection and Disposal - When the area is annexed. the City will provide service at that ti..e. Also. upon request. the City will provide refuse service to the existing custo~rs. or at the end of the 5 year cancellation period. whichever co~s first. the current fee for twice a week pickup (residential) is $11.00 per IlOnth. k) street Sweeping is currently done once a .onth. but will be done twice a IlOnth in the near future. Street sweeping and street lighting are paid for by a City-wide assess~nt district. street repair and _intenance is done on an "as-needed" basis. The costs for these services are paid through the City taxes. and the services becu.e available i..ediately upon annexation. 1) Transit Upon annexation. the bus service provided for this area will re_in under control of o.nitrans. Omlitrans' long range transit plans are at the request of in the area through their Councilperson or directly to Such change _st have the approval of the City Council. residents Omli trans. The short range transit plans calls for continuation of the present service levels on these routes. Service level changes are _de twice a year. in January and in June. and are initiated at the request of the City Council and/or o.nitrans planning staff. 5. utility provided. process. Special Taxes In addition to the regular property taxes. an 8'1 tax is collected by the City to offset costs of the general services This ~unt is billed and paid through the respective utility's billing 6. Conditions - There are no special conditions that will be i.posed as a result of this annexation. ~ERTIFICATION I HERKBY CERTIFY that the foregoing Plan and Narrative for providing the proposed annexation to the City of San Bernardino is co~lete of Public Works 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 DESCRIPTION FOR PROPOSED ANNEXATION NO. 348, LOCATED NORTH OF 40TH STREET, BETWEEN WATERMAN AVENUE AND DAVID WAY All those portions of Government Lots 1 and 2, Section 14, Township 1 North, Range 4 West, San Bernardino Meridian in the County of San Bernardino, State of California, according to the Government Survey approved by the United States Surveyor General's office on July 16, 1884, and those portions of Lot 2 of the John Hancock Survey, as per plat recorded in Book 2 of Maps, Page 42, in the office of said County Recorder, together with all of those various Subdivisions, or portions of Subdivisions, lying within the following described property: Beginning at a point in the present Corporate City Limit Line of the City of San Bernardino, said point also being the Northwest corner of Lot 22 of Tract No. 6688, as per plat recorded in Book 86 of Maps, Pages 86-89, in the office of the County Recorder of said County; thence Southerly along the West line of said Tract No. 6688, and following along said Corporate City Limit Line and its various courses and distances to the West line of David Way as shown on the map of said Tract No. 6688; thence South along said West line of said David Way, a distance of 1075.00 feet, more or less, to a point 716 feet North of the South line of said Lot 2 of said John Hancock Survey; thence West in a straight line, a distance of 485 feet to the West line of said Lot 2; thence North, along said West line, a distance of 1330 feet, more or less, to the North line of the Rancho Muscupiabe, as recorded in Book 7 of Records of Survey, Page 32, in the office of the County Recorder of said County; thence Northwesterly along said North line, a distance of 25 1410 feet, more or less, to its intersection with the Westerly prolongation 26 of the South line of said Government Lot 1; thence East along said Westerly 27 prolongation, a distance of 388.8 feet, more or less, to the East line of 28 that certain parcel of land shown as Parcel 2 in a Grant Deed recorded in EXHIBIT "C" -1- i- -- -- -:;;,- I' DESCRIPTION FOR PROPOSED ANNEXATioN Nrr. 348, LOCATED NORTH OF 40TH STREET, BETWEEN WATERMAN AVENUE AND DAVID WAY (CONTINUED) Book 3562 of Official Records, Page 418, in the office of the County 1 2 3 Recorder of said County; thence Northerly along the East line of said Parcel 2 and the East line of Parcel 1 of said Grant Deed, a distance of 1270 feet. 4 more or less, to the North line of said Government Lot 1; thence leaving 5 said Corporate City Limit Line, East along said North line, a distance of 6 589 feet, more or less, to the Point of Beginning. 7 8 39 Acres, more or less 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -",----,' -2- /,;'