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eiT\'" OF SAN BERNJODINO - REQUEST FOI COUNCIL ACTION
From: ROGER G. HARDGRAVE. Director,,,,!"' _'_;"" SM~J'ct:
DeO Public WorksjEngineering ..~~ iJ, ..~...... w. "
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Public hearing 10:00 a.m. and Resolution
ordering Annexation No.348 for the Annex-
ation of the territory generally located
North of 40th Street, West of David Way
(LAFCO 2643)
Date: February 25, 1991
Synopsis of Previous Council action:
06/04/90
10/02/90
Authorization to proceed was given.
Resolution No. 90-404, making application to LAFCO, was adopted.
12/10/90
Resolution No. 90-484 was adopted, determining amount of property
tax transfer from County to City.
02/18/91
Resolution No. 91-53. setting public hearing was adopted.
Recommended motion:
01.
That the public hearing to receive. consider and rule upon written protests
in the matter of annexation of the territory generally located North of 40th
Street and West of David Way, designated LAFCO 2643, is hereby closed.
2.
Adopt Resolution
cc:
Shauna Edwins, City Administrator
Andrew Green, Director of Finance
James F. Penman, City Attorney
Contact person:
Anne DeBolt
Phone:
5328
Supporting data attached: Staff Report,Resolution
Ward:
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FUNDING REQUIREMENTS:
Amount:
S355.00
Source: (Acct. No.1
001-302-53007
(Acct. DescriPtion)
Filing Fees
Finance: (~ ~,J ):)/,-
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cO Notes:
75.0262
Agenda Item No
~3
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CITY OF SAN BERNA~INO - REQUEST F&\ COUNCIL ACTION
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STAFF REPORT
On June 4. 1990. authorization was given to proceed with the proposed annexation of
the area generally located North of 40th Street. West of David Way. Pursuant to LAFCO
#2564. Annexation #347. LAFCO directed the City of San Bernardino to annex the subject
property as the completion of Annexation #347 will create an island completely
surrounded by the City of San Bernardino.
On October 2. 1990. Resolution No. 90-404 was adopted. making formal application to
the Local Agency Formation Committee (LAFCO).
On December
revenues to
Bernardino.
10, 1990. Resolution No. 90-464 was adopted, determining property tax
be exchanged between the City of San Bernardino, and the County of San
On December 19. 1990. LAFCO adopted their Resolution No. 2306. approving the
annexation.
Said resolution by the LAFCO authorizes and directs the City of San Bernardino to
initiate proceedings relative to the proposed annexation. As part of these
O proceedings, the City must conduct a public hearing regarding the proposed annexation.
Notification must be made by the publishing and mailing of a "Notice of Hearing".
All property owners owning land within the proposed territory and all affected
agencies were notified by mail of the hearing.
The attached resolution. making a determination and ordering the annexation. should
be adopted only if protests are filed and received by property owners owning less then
50t of the total assessed value of the area proposed to be annexed.
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RESOLUTION NO.
RESOLUTION OF TIlE CITY OF SAN BERNARDINO DETERMINING TIlAT PROTESTS
BY PROPERTY OWNERS OWNING LESS THAN FIFTY PERCENT (50t.) OF TIlE ASSESSED
VALUE OF TIlE TERRITORY PROPOSED TO BE ANNEXED HAVE BEEN FILED AND ORDERING
ANNEXATION NO. 348 (LAFCO 2643) FOR TIlE l1rnRITORY GENERALLY LOCATED NORTH OF
40TH STREET. WEST OF DAVID WAY AND DETACHMENT FROM CSA 38. AND CSA 70.
5 WHEREAS. pursuant to the provisions of the Cortese-Knox Local
6 Government Reorganization Act of 1985. Division 3. commencing with Section
7 56000 of the California Government Code. proceedings were initiated by the
8 Common Council of the City of San Bernardino. to annex to the City of San
9 Bernardino. certain contiRUous uninhabited territory hereinafter described;
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11 WHEREAS. the Local Agency Formation Commission has directed the
12 City of San Bernardino to annex the subject property; and
13 WHEREAS. the Local Agency Formation Commission has set forth the
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following terms and conditions in its Resolution No. 2643:
"Condition No. 1.
The conducting authority for this pro-
ceeding 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: LAFCO 2643.
"Condition No.4. Pursuant to the provisions of Government
Code Section 57025. the conducting authority is required to provide individ-
ual notification to property owners within the affected territory.
"Condition No.5. The date of issuance of the Certificate
25 of Completion shall be the effective date of this annexation."
26 WHEREAS. a public hearing was set for the 18th day of March. 1991.
27 the hour of 10: 00 am in the Council Chambers of City Hall. 300 N. "D"
28 Street. San Bernardino. California. and the same was the day. hour and place
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RESOLUTION DETE~ING PROTESTS
40TH STREET. WE~F DAVID WAY.
J.
AND ORDERING ANQ^TIOf'i 1>.0. 34l:l. NUHl!! OJ,
1 desi~ated where any and all persons ownin~ land within the territory pro-
2 posed for annexation may file a written protest with the City Clerk. prior
3 to the conclusion of said hearin~; and
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WHEREAS. all owners of land within the territory proposed for
annexation. and all affected agencies were notified of said hearin~ by
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 COl'lMON 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
12 set forth hereinabove. and protests were filed and received by property
13 owners owning less than fifty percent (5ot) of the total assessed value of
o 14 the area proposed for annexation. by the conclusion of said hearin~.
15 SECTION l. Said territory herein described as Annexation No. 348
16 and designated as LAFCO 2643. is hereby annexed and incorporated in and made
17 a part of the City of San Bernardino.
18 SECTION 3. The territory herein referred to as being annexed to
19 the City of San Bernardino is more particularly described in the Exhibit
20 "A". attached hereto and incorporated by reference as though fully set forth
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in length.
SECTION 4.
The above described territory will be subject to
taxation equally with the property within such municipal corporation to pay
the bonded indebtedness and any and all general indebtedness of the City of
San Bernardino contracted prior to. or existing. or outstanding at the time
of the annexation of said territory.
o 27 SECTION 5. The regular COWlty Assessment Roll is utilized by the
28 City of San Bernardino.
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l<J:.~ULlJllUN lJhl1:.~lNb 1'I<Ul1:.::>1::>
40TH STREET. WES~ DAVID WAY.
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ANlJ UJ<lJEl<lN&
ANNEXATlUN NU. 3"l:l.
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NORTH UF
1 SECTION 6. The property herein annexed is declared to be a part
2 of Ward 4 and the boundaries of Ward 4 are hereby altered to include said
3 annexed territory, and has a desi~ated land use of PFC (Public Flood
4 Control) and RE (Residential Estate), more particularly shown on the Map of
5 the City of San Bernardino General Plan as it currently exists.
6 SECTION 7. The area included in the above annexation is hereby
7 detached from County Service Area 38, Improvement Zones G of County Service
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8 Area 38. County Service Area 70. and Improvement Zone A of County Service
9 Area 70, without split of assets or liability.
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02/25/91
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RESOLUTION DETE~ING PROTESTS AND ORDERING AN~TION NO. 348. NORTH OF
40TH STREET. WE~F DAVID WAY. V
1 I HEREBY CERTIFY that the foregoing resolution was duly adopted by
2 the Mayor and Common Council of the Ci ty of San Bernardino at a
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meeting thereof held on the
day
of
, 1991, by the following vote, to-wit:
AYES
NAYS
~STAIN
COUNCIL MEMBERS:
ESTRADA
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
City Clerk
The foregoing resolution is hereby approved this
day of
, 1991.
W. R. HOLCOMB, Mayor
City of San Bernardino
Approved as to form
and legal content:
James F. Penman,
City Attorney
(3h~ ?
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DESCRIPTION FOR PROPOSED ANNEXATION NO. 346. 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. 1664. 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. lyin~ 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. 6666. as per plat recorded in Book 66 of Maps. Pages 66-69. in the
office of the County Recorder of said County; thence Southerly along the
West line of said Tract No. 6666. 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. 6666; 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 465 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
1410 feet. more or less. to its intersection with the Westerly prolongation
of the South line of said Government Lot 1; thence East along said Westerly
prolongation. a distance of 366.6 feet. more or less. to the East line of
that certain parcel of land shown as Parcel 2 in a Grant Deed recorded in
l:'YlITlnT "A"
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DESCRIPTION FOP 'D~SED ANNEXATION NO. 348, LorA~ NORTII OF 40TH STREET.
BETWEEN WATERKA. WuE AND DAVID WAY (CONTINUED U
Book 3562 of Official Records, Page 418, in the office of the County
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.
more or less. to the North line of said Government Lot 1; thence leaving
said Corporate City Limit Line, East along said North line, a distance of
589 feet. more or less, to the Point of Beginning.
39 Acres, more or less
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March 15, 1991
San Bernardino City Council
300 North "D" Street
San Bernardino, CA 92418
Dear Council MemberB;
I own 3 acreB located at 4248 Davidway, San Bernardino, CA.
I have lived at thiB location Bince 1958.
I bought thiB property becauBe it waB located in the county and I
could raiBe horBeB and other ranch animalB. I DO NOT want to be
annexed to the city of San Bernardino.
I do not want to lOBe my ability to raiBe horBeB or other ranch
animalB.
Again, I requeBt the council not to annex my property and make me
lOBe my ability to raiBe and enjoy liveBtock.
Thank you,
~~~.
Jim Bachelor
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P. O. I30X 56
My ton, O'l' 84052
March 14, 199]
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City of San Bernardino
300 Non" D Street
Sail Bernardino, ell 92418
ATT: San Bernardino City Council
Dear Ladies and Gentlemen
We are sending this letter protesting the annexation of
the property located North of 40th Street and West of
David Way.
We own 3~ acres located at ~498 David Way, l~un~y par~eJ
#0270142020000.
We want this property to remain in the county. We dO n0t
want it annexed into the City of San Bernardino.
We hope you ,.-ill tal{e this letter Of protest into con-
sideration befn] .c. making your final decision. Thank you.
Sill':~181Y 0'
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J. 13. Wallac
Carla D. Wallace
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March 14, 1991
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
Attention: San Bernardino City Council
Dear Council Members;
I am the owner of approximately 3.3 acres located at
4440 Davidway, San Bernardino, north of 40th street and west of
Davidway.
My wife and I strongly protest the attempt to annex our property
into the city.
We want to remain county residents to insure our present ability
to raise livestock, cattle, and horses. We have had as many as
four horses. We purchased and have improved the property to
insure our rural-ranch atmosphere.
We hope you will take our concerns to heart and let us remain
county residents.
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844 E. NINTH STREET I (714) 885-4465
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PO 80X 229. SAN BERNAROINO. CA 92402 I RIVERSIOE (714) 682-0363 I ORANGE COUNTY (714) 754-6463
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