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HomeMy WebLinkAbout35-Public Works r . ciTY OF SANBBR.c:uIoINO File No. 12.01-327 - REQUEST ~R COUNCIL ACTION From: ROGER G. HARDGRAVE. Director Dapt: Public Works ,lEDgineering Date: October 11. 1990 Subject: Resolution -- Initiate proceedings at set a hearing for the proposed annexatic generally located North of Lvnwood Dr East of Harrison Street. (Annex' No. 349. LAFCO 2632) Synopsis of Previous Council action: 09-17-90 Authorization to proceed was given and Resolution No. 90-392. determining the amount of property tax revenues to be exchanged between the City and County of San Bernardino. relative to the proposed annexation. 10-01-90 Resolution No. 90-410 was adopted. setting a public hearing for October 25. 1990. tfleAplllmended motion: That the public hearing to receive. consider and rule upon written protests in the matter of annexation of the territory generally located north of Lynwood Drive, east of Harrison Street. south of 39th Street. and west of Mountain Avenue. designated LAFCO 2632, be continued. or That the proceedings relative to Annexation No. 349 (LAFCO 2632), for the territory generally located north of Lynwood Drive, east of Harrison Street, south of 39th Street and west of Mountain Avenue, be terminated. .., .. , '....., '" // ~ . cc: Shauna Edwins. Citv Administrator James Penman. City' Attornev ~Signature Contact person; Les Fogassy Phone: 5334 ~ I Supportingdateettached: Staff Report.Resolution Ward: 4.7 FUNDING REQUIREMENTS: Amount: None Source: (Acct. No.) N/A (Acct. DescriDtion) N / A Finance: CO""cil Notes: 75-0262 A"anr4~ 1....11..... ~I... 35 - J. u Ii ~ ..' CITY OF SAN BERNOtDINO - REQUEST lOR COUNCIL ACTION STAFF REPORT A petition for ennexation was filed with the Local Agency Fo~tion Commission (LAFCO) ~ registered . voters' residing in the territory generally located North of Lynwood Drive, East of Harrison 'Street. Authorization to proceed was given and a public hearing was set for October 25. 1990. A requir~t for proper notification is the publication of the resolution at least 15 days before the protest hearing. Inadvertently, the resolution was not published and a new hearing date RSt be set. The attached resolution set a hearing date of November 5. 1990. UJIGBIICY CLAUSE: The attached resolution needs to be adopted so that the ennexation proceedings may proceed within the required time. . 75.0264 - _ .mi tl '1_.... ) ... C. . . . ~ t o '0 , N ,. H u [j~[J . I TO.UCA_~ i I ~ ,,' L- I, .'", I ~ -'. f ] :7',1111 ~"- ~i1 . !EJn~r~ ;< WI ; ~f( .~ ,r--"j ;/ ~i ,L--' """1,' ~i ~ .' - . '_.1 : ; ~ . 1:1 -, r~ ~ j - z r ~ ~.r _---' ..... 5[1 !l~ --: o!l --~, -~ n'.II" I -~! ,I -oj, ~~; I : u' ~, i : '.. ',' : ':jl . i ~ I I ,I ! I , i _ ~ "L YNWOOD DR. · ~~ 0 n!nr 1I ,,: ,..' ," -"::='::~._J ." ,", ~ >-...~I ~; , ~- .......---. _1<:' -,...... "I ' -' . CITY OF SAN BERNARDINO ANNEXATION NO. 349, LAFCO 2632 '- EFFECTIVE DATE: RESOLUTION NO.: ..' .. . 1 2 3 4 5 6 7 8 9 O' o RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO DETERMINING THAT LESS THAN TWENTY FIVE PERCENT OF PROTESTS BY REGISTERED VOTERS AND PROPERTY OWNERS HAVE BEEN FILED AND ORDERING ANNEXATION NO. 349 (LAFCO 2632) FOR THE TERRITORY GENERALLY LOCATED NORTH OF LYNWOOD DRIVE. EAST OF HARRISON STREET, SOUTH OF 39TH STREET AND WEST OF MOUNTAIN AVENUE AND DETACHI1ENT FROM CSA 38, CSA 38 ZONE G. CSA 38 ZONE L, CSA 70, CSA 70 ZONE A AND CSA SL-1. WHEREAS, pursuant to the provisions of the Cortese-Knox Local Government Reorganization Act of 1985, Division 3, commencing with section 56000 of the California Government Code. proceedings were initiated by the Common Council of the City of San Bernardino. to annex to the City of San 10 Bernardino, certain contiguous inhabited territory hereinafter described; 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and WHEREAS, an application for the proposed annexation was filed by residents of the proposed area with the office of the Executive Officer of the Local Agency Formation Commission, requesting annexation to the City of San Bernardino to receive extended urban services; and WHEREAS. the Local Agency Formation Commission has set forth the following terms and conditions in its Resolution No. 2288: "Condition No.1. The conducting authority for this proceeding shall be the City Council of the city of San Bernardino. "Condition No.2. The boundaries are approved as set forth in Exhibit "A" attached. "Condition No.3. The following distinctive short form designation shall be used throughout this proceeding: LAFC 2632. "Condition No.4. The conducting authority is required to provide notice of its hearing in accordance with the provisions of Government Code Section 57025. "Condition No.5. The date of issuance of the Certificate of Completion shall be the effective date of this annexation. " 10-08-90 .. . RESOLUTION pINING PROTESTS AND ORDERING ~TION NO. 349, NORTH OF LYNWOOD DRI . EAST OF HARRISON STREET, SOlJ'l1I.,.)' 39TH STREET AND WEST OF MOUNTAIN AVE . 1 WHEREAS, a public hearing was set for the 25th day of October, 2 1990, at the hour of 9:00 am in the Council Chambers of. City Hall, 300 N. 3 "D" Street, San Bernardino, California, and the same was the day, hour and 4 place designated where any and all persons registered to vote within the 5 territory proposed for annexation or persons owning land within the 6 territory proposed for annexation may file a written protest with the City 7 Clerk, prior to the conclusion of said hearing; and 8 WHEREAS, all property owners of land within the territory proposed 9 for annexation, and all affected agencies were notified of said hearing by 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 mailing, publication and posting of a "Notice of Public Hearing" pursuant to the provisions of California Government Code Section 57025. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That pursuant to Section 57050 of the California Government Code, a hearing was held on the day, and at the time and place as set forth hereinabove, and protests were filed and.received by less than twenty-five perc;ent (251,) of the registered voters residing in the territory proposed for annexation and protests were filed and received by less than twenty-five percent (251,) of the property owners owning less then twenty-five percent (251,) of the total assessed value of the area proposed for annexation, by the conclusion of said hearing. SECTION 2. Said territory herein described as Annexation No. 349 designated as LAFCO 2632, is hereby annexed and incorporated in and made a part of the City of San Bernardino. SECTION 3. The territory herein referred to as being annexed to the City of San Bernardino is more particularly described in the Exhibit "A", attached hereto and incorporated by reference as though fully set forth in length. 10-08-90 2 " . RESOLUTION DETERMINING PROTESTS AND ORDERING ,.Al(NEXATION NO. 349, NORTH OF LYNWOOD DRIvr-, EAST OF HARRISON STREET, SOlJ'l1r.,.JF 39TH STREET AND WEST OF MOUNTAIN A~ 1 SECTION 4. The above described territory will be subject to 2 taxation equally with the property within such municipal corporation. 3 SECTION 5. The regular County Assessment Roll is utilized by the 4 City of San Bernardino. 5 SECTION 6. All of those portions of the annexed area described 6 herein. located north of the centerline of 35th Street. shall become a part 7 of Ward 4 and the boundaries of Ward 4 area hereby amended to include said 8 portion. All of those portions of the annexed area described herein, located 9 south of the centerline of 35th Street, shall become a part of Ward 7 and 10 the boundaries of Ward 7 are hereby amended to include said portion. The 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 area annexed shall have a designated land use of RS (Residential Suburban), RU-1 (Residential Urban) and RM (Residential Medium), more particularly shown on the Map of the City of San Bernardino General Plan as it currently exists. SECTION 7. The area included in the above annexation is hereby detached from following County Service Areas and Improvement Zones: CSA 36. CSA 36 ZONE G. CSA 36 ZONE L, CSA 70, CSA 70 ZONE A AND SL-1. / / / / / / / / / / / / / / / / / / / / / / 10-06-90 3 " , 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 RESOLlITION IlETERMINING PROTESTS AND ORDERING~TION NO. 349, NORTIi OF LYNWOOD DRIVEr\EAST OF HARRISON STREET, SOllTIV 39TH STREET AND WEST OF MOUNTAIN A~ 1 I .HEREBY CERTIFY that the foregoing resolution was duly adopted by 2 the Mayor and Common Council of the City of San Bernardino at a meeting thereof held on the day of , 19_____, by the following vote, to-wit: Council Members: AYES NAYES ABSTAIN ESTRADA REILLY FLORES MAUDSLEY MINOR POPE-LUDLAM MILLER City Clerk The foregoing resolution is hereby approved this day of , 19_____ W.R. HOLCOMB, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City A torney 10-08-90 4 " > o o LAFCO 2632 ANNEXATION TO CITY OF SAN BERNARDINO That certain island of unincorporated land lying within Township 1 North, Range 4 West, San Bernardino Meridian in the County of San Bernardino, State of California, described as follows: Beginning at the intersection of the center line of Lynwood Drive with the Southerly prolongation of the West line of Harrison Street, said point being on the existing city limits line of San Bernardino; Thence North along said city limits line and continuing along said city limits line, following all of its various courses to the POINT OF BEGINNING. Contains 194 acres, more or less. Deputy , COUNTY SURVEYOR'S OFFICE October 2, 1990 EXHIBIT "A" ~ 7 8 9 10 11 12 13 14 15 16 17 18 19 .1 o o 1 2 3 4 5 RESOLUTION NO. Ji; ,- -/ ?% RESOLUTION OF THE CITY OF SAN BERNARDINO INITIATING PROCEEDINGS AND SETTING A PUBLIC HEARING FOR THE PROPOSED ANNEXATION OF THE AREA GENERALLY LOCATED EAST OF HARRISON STREET, SOUTH OF 39TI1 STREET, l'iEST OF MOUNTAIN AVENUE AND NORTII OF LYNWOOD DRIVE, DESIGNATED LAFCO 2632. WHEREAS ,preliminary proceedings for a reorganization (annexation) 6 were initiated by a petition of registered voters filed with the Local Agency Formation Commission in the County of San Bernardino for annexation of certain territory pursuant to the Cortese-Knox Local Government Reorganization Act of 1985. Division 3, commencing with section 56000 of the California Government Code; and w~AS said petition was filed by registered voters within the proposed territory for the purpose of receiving municipal services from the City of San Bernardino; and WHEREAS. no City other than the City of San Bernardino is affected by this annexation, and WHEREAS, .the proposal is for annexation of the territory described below to the City of San Bernardino. The area is legally inhabited. It has an assessed valuation of S39,229,384.00 WHEREAS, the I:ocal Agency Formation Commission has set forth the 20 following terms and conditions in its Resolution No. 2288 : 21 "Condition No. 1. The conducting authority for this 22 proceeding shall be the City Council of the City of San Bernardino. 23 "Condition No.2. The boundaries are approved as set forth 24 in Exhibit "A" attached. 25 "Condition No.3. The following distinctive short form 26 designation shall be used throughout this proceeding: LAFCO 2632. 27 "Condition No.4. The conducting authority is required to 28 provide notice of its hearing in accordance with the provisions of ~ 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION INIT~ING PROCEEDINGS AND SETTING nUBLIC HEARING FOR THE PROPOSED ANNEXAWN OF THE TERRITORY GENERALLY MATED EAST OF HARRISON STREET, SOUTH OF 39m STREET, WEST OF MOUNTAIN AVENUE AND NORm OF LYNWOOD DRIVE. DESIGNATED LAFCO 2632. 1 2 3 Government Code Section 57025. "Condition No.5. The date of issuance of the Certificate of Completion shall be the effective date of this annexation. 4 WHEREAS. upon completion of the proposed annexation. the following 5 County Service Areas and improvement zones will be detached from the 6 territory to be annexed: CSA 36. CSA 36G. CSA 36L, CSA 70, CSA 70A. and CSA 7 SL-1. without split of assets or liability. WHEREAS. a description of the boundaries for the proposed annexation is as follows: generally located East of Harrison Street, Soutb of 39th Street, West of Mountain Avenue and North of Lynwood Drive. and is more fully described in Exhibit "A". attached hereto and incorporated by reference as though fully set forth in length. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. A public hearing will be conducted on Monday. November 5. 1990. to be held in Council Chambers. City Hall, 300 North "D" Street. San Bernardino. California, at the hour of 11:00 a.m. . or as soon after tbat time as the matter may be heard, to receive, consider and rule upon written protests to the annexation designated LAFCO 2632. SECTION 2. At any time prior to the conclusion of the hearing in the notice given by the clerk, but not thereafter, any owner of land or any registered voter witbin inhabited territory proposed to be annexed. may file a written protest against the annexation. Each written protest shall state whetber it is made by a landowner or registered voter and the name and address of the owner of the land affected and the street address or other description sufficient to identify the location of the land or the name and address of the registered voter as it appears on the affidavit of registration. Protests may be made on behalf of an owner of land by an agent 10-11-90 2 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 RESOLlTrION INI'P\TING PROCEEDINGS AND SETI'INnPUBLIC HEARING FOR THE PROPOSED ANNEXAtON OF THE TERRITORY GENERALLy"!"OCATED EAST OF HARRISON STREET. SOUTH OF 39TH STREET. WEST OF MOUNTAIN AVENUE AND NORTH OF LYNWOOD DRIVE. DESIGNATED LAFCO 2632. authorized in writing by the owners to act as agent with respect to that land. Protests may be made on behalf of a private corporation which is an owner of land by any officer or employee of the corporation without written authorization by the corporation to act as an agent in making that protest. Each written protest shall show the date that each signature was affixed to the protest. All signatures without a date or bearing a date prior to the date of publication of the notice shall be disregarded. for purposes of ascertaining the value of any written protest. SECTION 3. That the City Clerk shall certify to the adoption of this Resolution and shall cause same to be published in the Sun, a newspaper published and circulated in the City of San Bernardino. and shall cause a copy of this Resolution to be posted and mailed as required by Government Code Sections 56158 .56159. and 57025. / / / / / / / / / / / / / / / / / / / / / / / / / / / / 10-11-90 3 ~ . RESOLUTION INITlfI\ING PROCEEDINGS AND SETTING t""'tUBLIC HEARING FOR THE PROPOSED ANNEXA'MN OF THE TERRITORY GENERALLY !!fATED EAST OF HARRISON STREET. SOUTH OF 39TH STREET. WEST OF MOUNTAIN AVENUE AND NORTH OF LYNWOOD DRIVE. DESIGNATED LAFCO 2632. J 1 I HEREBY CERTIFY that the foregoing resolution was duly adopted by 2 the Mayor and Common Council of the City of San Bernardino at a of 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 meeting thereof held on the .A~~ /S!'7J day , 19~t' . by the following vote. to-wit: Council Members: ESTRADA REILLY FLORES MAUDSLEY MINOR POPE-LUDLAM MILLER The foregoing resolution d2~~ . 19.k.,. Approved as to form and legal content: JAMES F. PENMAN. city Antorney .') By: ]" Pl.Z/J 1. V 6'11/}.~ C 09-26-90 AYES c./' V V /' /' /' NAYES ABSTAIN ~~Ci~ ~ day of 4 . , , o o LAFCO 2632 ANNEXATION TO CITY OF SAN BERNARDINO That certain island of unincorporated land lyinq within Township 1 North, Ranqe 4 West, San Bernardino Meridian in the county of San Bernardino, State of California, described as follows: Beqinninq at the intersection of the center line of Lynwood Drive with the Southerly prolonqation of the West line of Harrison street, said point beinq on the existinq city limits line of San Bernardino: Thence North alonq said city limits line and continuinq alonq said city limits line, followinq all of its various courses to the POINT OF BEGINNING. LARRY E. COTTON ACT G cOUNTY SURVEYOR C OF SAN INO B . Deputy L.S.N. C.B.J Date ?~~.L.i ~~. /~..A Contains 194 acres, more or less. COUNTY SURVEYOR I S OFFICE October 2, 1990 EXHIBIT "A"