HomeMy WebLinkAbout11-Development Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Valerie C. Ross, Director Subject: Resolution of Intention to Make
Application to the Local Agency Formation
Dept: Development Services Commission for Annexation of Various
County Islands
Date: September 25, 2006 ORIGINAL
MCC Date: 10/2/2006
Synopsis of Previous Council Action:
7/10/2006 - Mayor and Council approved Resolution No. 2006-247 authorizing the submittal of
an application for the annexation of six areas of unincorporated territories generally lying north
of Pacific Street, east of Valencia Avenue, south of Piedmont Drive and west of Victoria
Avenue, Annexation No. 361.
1/09/2006—Mayor and Council approved a Resolution No. 2006-10 authorizing the initiation of
Del Rosa area Annexation No. 359
Recommended motion:
Adopt Resolution.
Signature
Contact person: Valerie Ross Phone: 384-5357
Supporting data attached: Staff Report & Resolution Ward: 4 & 7
FUNDING REQUIREMENTS: Amount: None
Source: (Acct.No.)
(Acct. Description)
Finance:
Council Notes: Res
Jenda Item No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT:
Resolution of Intention to Make Application to the Local Agency Formation Commission for
Annexation of Various County Islands
BACKGROUND:
Late last year, the Local Agency Formation Commission (LAFCO) recommended thirteen
unincorporated areas within the City of San Bernardino's sphere of influence for annexation
under Assembly Bill 1555. AB 1555 allows for the annexation of unincorporated territory of
150 acres or less without the need to obtain property owner or registered voter approval. AB
1555 was to sunset on January 1, 2007; however, AB 2223 was recently signed into law, which
extends that date to 2014.
In January of this year, the Mayor and Council authorized the filing of an application for the
annexation of one of the thirteen recommended areas. The Del Rosa area, generally located
North of Highland Avenue, between Del Rosa Avenue and Golden Avenue, South of the 30
freeway, has been approved by LAFCO and is now part of the City. That island was absorbed
without the addition of additional resources/staffing. That action left twelve areas to be
considered under LAFCO's recommendation.
Shortly after filing of the Del Rosa Area application to LAFCO, Mayor and Council authorized
the filing of an application to LAFCO for the annexation of the Arrowhead Springs area.
LAFCO has indicated that the Arrowhead Springs Project will be heard by the Commission in
October. Because of concern that LAFCO is likely to condition the approval of Arrowhead
Springs with the annexation of all or portions of the remaining twelve recommended areas, in
July of this year, Mayor and Council approved the filing of an application for six of the twelve
remaining areas. As part of this action, Mayor and Council authorized the addition of one
Administrative Clerk for the Fire Department and two Code Enforcement Officers. The
application for those six islands is currently being processed by LAFCO and is expected to be on
the LAFCO Board's November agenda.
At the LAFCO Board meeting in September, LAFCO staff presented an update on the
Arrowhead Springs project to the Commission. At that meeting, the Commission asked for an
update of the remaining twelve areas recommended for annexation. LAFCO staff explained that
the City filed an application for six of the areas and there was no formal commitment on the
City's' part to annex the remaining areas. Subsequent to the LAFCO Commission meeting, City
staff met with LAFCO staff to discuss possible solutions to providing the Commission with
assurance that the City would initiate the remaining areas.
One of the remaining six areas recommended by LAFCO, which is generally located West of
Waterman Avenue, North of 3rd Street, East of Pedley, and South of 6th Street, is not being
recommended for annexation by City staff at this time. The City of Riverside owns wells in that
area. Because of a Federal Court Consent Decree, which governs the City's obligation in
controlling the contaminant plume underlying a large area of San Bernardino, the City adopted
an ordinance that prohibits anyone from putting a well that might affect the barrier wells. If this
area were to be annexed, it would subject the City of Riverside to the prohibitions of the City of
San Bernardino's Ordinance. Subsequently, staff is not recommending that this area be proposed
for annexation at this time.
Staff is recommending that the Mayor and Council consider phasing the initiation of the five
remaining areas over a two-year period. It is estimated that additional staffing for Police, Code
Enforcement, and Animal Control will be needed to provide proper service to these areas. The
cost of these services exceeds the revenue the City will receive from property tax and various
other sources. Therefore, areas I and 6 consisting of 192 acres and 809 population could be
initiated in January 2007 and areas 2, 7, and 8, consisting of 180 acres and 619 population could
be initiated in January of 2008 (Exhibit "A" — Map). If approved, the attached resolution would
provide LAFCO with assurance that the City is committed to annexing the remaining five areas
over a two year period prior the Commission considering the annexation of Arrowhead Springs
on October 181H
FINANCIAL IMPACT:
A preliminary analysis of the costs and revenue associated with these five islands shows that the
cost for services exceeds the revenue that will be generated from property tax and various other
sources of revenue. It should be noted that Assembly Bill 1602, which is on the Governor's
desk, will provide additional Vehicle License Fee revenue. If signed into law, AB 1602 will
provide cites that annex between August 2005 and July 2009, an additional $50 per capita for the
population in those newly annexed areas.
RECOMMENDATION:
Adopt Resolution.
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1
RESOLUTION NO. C(DPY
2
3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO OF INTENTION TO MAKE APPLICATION TO THE LOCAL
4 AGENCY FORMATION COMMISSION FOR ANNEXATION OF VARIOUS
COUNTY ISLANDS
5
WHEREAS, Assembly Bill 1555 allows the annexation of unincorporated territory of
6 150 acres or less without the need to obtain property owner or registered voter approval; and
7 WHEREAS, Assembly Bill 2223 was recently signed into law and extends the
8 provisions of AB 1555 to annex such areas to January 1, 2014, and
9 WHEREAS, in May of 2005, the Local Agency Formation Commission (LAFCO)
identified several areas of unincorporated territory within the City of San Bernardino's Sphere
10 of Influence that qualify for annexation under AB 1555; and
11 WHEREAS, in January, 2006, the Mayor and Council approved the submission of an
12 application to LAFCO for the Del Rosa area annexation (Annexation No. 359); and
13 WHEREAS, in July of 2006, the Mayor and Council approved the submission an
14 application to LAFCO for six additional areas (Annexation No. 361); and
15 WHEREAS, the Mayor and Common Council are committed to annexing five
additional unincorporated areas within the City's Sphere of Influence.
16
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
17 CITY OF SAN BERNARDINO AS FOLLOWS:
18 SECTION 1. The City of San Bernardino will make an application to LAFCO no later
19
than January 2007 for the annexation of two areas defined as areas one (1) and six (6) on the
20
21 attached map marked Exhibit "A", and is incorporated herein.
22 SECTION 2. The City of San Bernardino will make an application to LAFCO no later
23 than January 2008 for the annexation of three areas defined as areas two (2), seven (7), and
24 eight (8) on the attached map marked Exhibit "A", and is incorporated herein.
25
26
27
//I
28
RESOLUTION...OF INTENTION TO MAKE APPLICATION TO THE LOCAL
1 AGENCY FORMATION COMMISSION FOR ANNEXATION OF VARIOUS
COUNTY ISLANDS
2
3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
4 and Common Council of the City of San Bernardino at a meeting thereof, held on the
5 day of , 2006, by the following vote, to wit:
6
Council Members: AYES NAYS ABSTAIN ABSENT
7
8 ESTRADA
9 BAXTER
10 VACANT
11 DERRY
12 KELLEY
13
JOHNSON
14
15 MCCAMMACK
16
17 City Clerk
18 The foregoing resolution is hereby approved this day of
2006.
19
20
21 Patrick Morris, Mayor
City of San Bernardino
22 Approved as to Form:
23 JAMES F. PENMAN,
24 City ttorney
f
25 By:
26 ,,
27
28
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