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File No. 12.01-329
CITY GF SAN BERNAODINO - REQUEST FCC) COUNCIL ACTION
"
ROGER G. HARDGRAVE, Director
=rom:
Subject:
Public. hearing 10:00 a.m. and Resolution
ordering Annexation No.352 for the Annex-
ation of the territory generally located
East of Waterman Ave., between 9th St.
and 6th St. (LAFCO 2672)
Public Works {Engineering
)ept:
August 28, 1991
)ate:
.ynopsis of Previous Council action:
10/01/90 Authorization to proceed was given.
04/15/91 Resolution No. 91-123, making application to LAFCO, was adopted.
06/17/91 Resolution No. 91-228 was adopted, determining amount of property
tax transfer from County to City.
08/20/91 -- Resolution No. 91-374, setting public hearing was adopted.
Recommended motion:
1. That the public hearing to receive, consider and rule upon written protests
in the matter of annexation of the territory generally located East of
Waterman Ave., between 9th Street and 6th Street, designated LAFCO 2672, is
hereby closed.
2. Adopt Resolution
&
cc: Shauna Clark, City Administrator
James Penman, City Attorney
Andy Green, Director of Finance
Signature
Les Fogassy
Contact person:
Su - d h d Staff Report,Resolution
pportmg ata attac e :
FUNDING REQUIREMENTS: Amount: $598.00
Phone:
5334
Ward:
2
Source: (Acct. No.)
001-302-53007
(Acct. Description)
Fil ing Fees
Finance:
1/n
,
/
V
Council Notes:
Agenda Item No 3 I
I 75-0262
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CITY QF SAN BERNAaDINO - REQUEST FQa COUNCIL ACTION
STAFF REPORT
On October I, 1990, authorization was given to proceed with the proposed annexation
of the area generally located East of Waterman Avenue, between 9th Street and 6th
Street. This was a City initiated action.
On April IS, 1991, Resolution No. 91-123 was adopted, making formal application to the
Local Agency Formation Committee (LAFCO).
On June 17, 1991, Resolution No. 91-228 was adopted, determining property tax revenues
to be exchanged between the City of San Bernardino, and the County of San Bernardino.
On June 19, 1991, LAFCO adopted a resolution approving the annexation.
Said resolution by the LAFCO authorizes and directs the City of
initiate proceedings relative to the proposed annexation.
proceedings, the City must conduct a public hearing regarding the
San Bernardino to
As part of these
proposed annexation.
On August 20, 1991, resolution No. 91-374 was adopted, setting a public hearing for
September 16, 1991, regarding the proposed annexation. 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 less then SOl of the property
owners owning less then SOl of the total assessed land value, within the proposed
territory
8-28-91
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO DETERMINING THAT PROTESTS
BY PROPERTY OWNERS OWNING LESS THEN FIFTY PERCENT (5Of.) OF THE ASSESSED
VALUE OF THE TERRITORY PROPOSED TO BE ANNEXED HAVE BEEN FILED AND ORDERING
ANNEXATION NO. 352 (LAFCO 2672) FOR THE TERRITORY GENERALLY LOCATED EAST OF
WATERMAN AVENUE. SOUTH OF 9TH STREET AND NORTH OF 6TH STREET. AND DETACHMENT
FROM CSA 36. CSA 36 ZONE G. CSA 36 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 1965, 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
Bernardino. certain contiguous uninhabited territory hereinafter described;
and
WHEREAS, the proposed annexation was initiated by the City of San
Bernardino in order to facilitate an orderly growth in the area; and
WHEREAS. the Local Agency Formation Commission has set forth the
following terms and conditions in its Resolution No. 2330:
"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
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designation shall be used throughout this proceeding: LAFCO 2672.
"Condition No.4. All previously authorized charges. fees,
assessments and/or taxes currently in effect by the City of San Bernardino
(annexing agency) shall be assumed by the annexing territory in the same
manner as provided in the original authorization pursuant to Government Code
Section 56644(c).
"Condition No.5. The conducting authority is required to
06-26-91
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RESOLUTION DETERMINING PROTESTS AND APPROVING A!lAXATION NO. 352 (LAFCO
2672) FOR TIlE T~TORY GENERALLY LOCATED EAST OVTERMAN AVENUE, BETWEEN
9TH STREET AND 6T~TREET.
1 provide notices pursuant to the provisions of Government Code Section
2 57025(b) and 57025(c).
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"Condition No.6.
The date of issuance of the
Certificate of Compl'etion shall be the effective date of this annexation.";
and
WHEREAS, a public hearing was held on the 16th day of September,
1991, at the hour of 10:00 am in the Council Chambers of City Hall, 300 N.
"D" Street, San Bernardino, California, and the same was the day, hour and
9 place designated where any and all persons owning land within the territory
10 proposed for annexation may file a written protest with the City Clerk,
11 prior to the conclusion of said hearing; and
12 WHEREAS, all owners of land within the territory proposed for
13 annexation, and all affected agencies were notified of said hearing by
14 mailing, publication and posting of a "Notice of Public Hearing"
pursuant
15 to the provisions of California Government Code Section 57025.
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BE IT RESOLVED BY TIlE MAYOR AND COMMON COUNCIL OF TIlE CITY OF SAN
BERNARDINO AS FOLLOWS:
SECTION 1. That pursuant to Section 57050 of the California
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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 property
owners owning less than fifty percent (5ot) 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. 352
designated as LAFCO 2672, 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.
08-28-91
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RESOLUTION DETERMINING PROTESTS AND APPROVING A~XATION NO. 352 (LAFCO
2672) FOR THE '1'Et"'"\TORY GENERALLY LOCATED EAST OBlJTERMAN AVENUE, BETWEEN
9111 STREET AND 6T~TREET.
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. The property herein annexed is declared to be a part
6 of Ward 2 and the boundaries of Ward 2 are hereQy altered to include said
7 annexed territory, and has a designated land use of CG-1 (Commercial
8 General) and RS (Residential Suburb) and is more particularly shown on the
9 Map of the City of San Bernardino General Plan as it currently exists.
10 SECTION 7. The area included in the above annexation is hereby
11 detached from County Service Area 38, Improvement Zones G and L of County
12 Service Area 38, County Service Area 70, Improvement Zone A of County
13 Service Area 70, and County Service Area SL-1, without split of assets or
14 liability.
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08-28-91 3
.t<...t.'::'ULlJJ.1UN lJl:.J..t...t<rJ.lJ\4J.Nu l:'.l<.UJ.J:.~J.\:) ANlJ At'l:'.t<UV..1.1'4u t\l'lNJ:..A.lU.LV.'t I'tV. J.,U.
2672) FOR THE ~ITORY GENERALLY LOCATED EAST O(~ATERMAN AVENUE,
9111 STREET AND 61w1sTREET. '..J
\J...on...L''''''V
BETWEEN
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by
2 the Mayor and
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5 Council Members:
6 ESTRADA
7 REILLY
8 HERNANDEZ
9 MAUDSLEY
10 MINOR
11 POPE-LUDLAM
12 MILLER
Common Council of the City of San Bernardino at
a
meeting thereof held on the
day
of
_.19_____, by the following vote, to-wit:
AYES
NAYES
ABSTAIN
ABSENT
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Approved as to fonn
23 and legal content:
City Clerk
The foregoing resolution is hereby approved this
day of
, 19_____
W.R. HOLCOMB, Mayor
Ci ty of San Bernardino
24 JAMES F. PENMAN,
City A torney
By:
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08-28-91
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DBSCJlIPTION FQJIIII&ITY OF SAN BEllNAlIDINO ANNEIATn NO. 35:l, GllNEIIALLY
LOCATED JlA8T O~TERMAN AVBNI.lE, Jll5TWaM 6'l'B STWr AND 9'l'B lnlWn.
Those portions of Block 43 of the Rancho San Bernardino, as per plat
recorded in Book 7 of Maps, pege :l, records of the County Recorder of
San IIernardino County, state of California, and portions of Tract No.
:l078, Beu Subdi:vision, as per IIIlp recorded in Book 30 of Maps, pege
15, records of said County, .ore particularly described as follows:
BBGIIlliIIIG at a point on the centerline of Sixth street, said point
being Easterly, a distance of 681.:l2 feet, .ore or less, fro the
centerline of WaterllllD Avenue, said point also being an angle point on
the Corporate City Li.it Line of the City of San Bernardino; thence,
generally, Northerly, Easterly and Southerly, along said Corporate City
Li.it Line, and its various courses and distances, to the Westerly liDe
thence, leaving slid
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Corporate City Li.it Line, Southwesterly, along said Westerly line, :to
of the San Bernardino County Flood Control;
the centerline of said Sixth Street; thence West, along said
centerline, to the 10int of Beginning.
Contains 53.7 Acres ~
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Revised 05/:l8/91
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City Clerks Office
300 North "0" street
Second Floor
San Bernardino, California
RECE!VrT -!'T'" :~:EF'
'91 SEP 13 P12 :46
92418
Re: Opposition and Protest to
Annexation No.: 352, LAFCO 2~~~".:1
Gentlemen:
I , C::'T'li"TV ~ 14) RTTTS OS ' am
owner and/or registered voter (indicate one or both)
a property
located at
7?1 NQ W~tgrm~R w:e.
,
San Bernardino,
California, Parcel No. n?7R' 61' 60000 ' which is within
the above-referenced proposed annexation area.
I hereby protest to and oppose this annexation.
. DATED:
9-/:3-'7i
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City Clerks Office
300 North "0" street
Second Floor
San Bernardino, California
92418
Re: Opposition and Protest to
Annexation No.: 352, LAFCo~~12':'=-]
Gentlemen:
I, ~(b'(Z~T J
am
a property
located at
Bernardino,
.
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owner and/or registered voter (indicate one or both)
~~ EJr3T F'F(A S'T
California, Parcel No.
the above-referenced proposed annexation area.
,
San
, which is wi thin
'.
I herebf protest to and oppose this annexation.
DATED:
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City Clerks Office
300 North "0" street
Second Floor
San Bernardino, California
92418
Re:
Opposition and Protest to
Annexation No.: 352, LAFCO %i"lil=~?il
Gentlemen:
I, ~, -q/ /~"';"'-.- ~/'
owner and/or registered voter (indicate one
.2???~ t; tt..5't
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am a property
located at
or both)
,
San Bernardino,
California, Parcel No. , which is within
the above-referenced proposed annexation area.
I hereby protest to and oppose this annexation.
DATED:
9-jY'- 9/
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City Clerks Office
300 North "0" street
Second Floor
San Bernardino, California
92418
Re:
Opposition and Protest to .-.--.' I
Annexation No.: 352, LAFCO 267~
Gentlemen: ~~ ~
I, ~z--1d .~
owner and/or register,d ~e r ~n9fcate one or both)
(/(j;7- ? 9' /71 ~"L ~> ~ ~ San
California, Parcel No. ~k.:3-;7
,
the above-referenced proposed annexation area.
am
a property
located at
Bernardino,
which is within
I hereby protest to and oppose this annexation.
DATED:
9'/~ 91'
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owner and/or registered voter (indicate one or both)
~"/d1/0 ,e' L.~
California, Parcel No.
the above-referenced proposed annexation area.
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City Clerks Office
300 North "0" street
Second Floor
San Bernardino, California
92418
Re: Opposition and Protest to
Annexation No.: 352, LAFCO.~~'7(=,~~,J
Gentlemen:
o
,
,
San
which is
Bernardino,
within
I hereby protest to and oppose this annexation.
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am a property
located at
DATED: ~/ /.~/ '7/
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City of San Bernardino
City Hall
300 North "D" Street
San Bernardino, California 92418
September 11, 1991
To: The Mayor and Common Council of the City of San Bernardino
I, Bert Weening, reside at, and own with my spouse, Sherry
Weening the home and property commonly known as:
24210 East 6th Street
San Bernardino, California 92410.
I understand that I have through and including 10:00 a.m. on
September 16, 1991 to file with the clerk a written protest to
the proposed annexation (annexation number 352, LAF CO 2672).
I hereby protest the proposed annexation, and request that it
not be approved.
My family came to San Bernardino from the Netherlands just be-
fore World War II. I was raised in the home I now live in, and
received it from my mother. My wife and I have lived by our-
selves in this home for more than eighteen (18) years. Please
know that I am on a fixed income.
The contemplated increase in services will bring an immediate
increase in taxes, which will immediately impact my small fixed
income. But I doubt that I shall live long enough to see the
contemplated improvements/increased services implemented. Thus
annexation shall cause me to pay immediately for something I
may never sea Annexation of my property and the taxes it will
bring, may so impact my fixed income as to make the cost of
continuing to live in the family home unsupportable; I may by
reason of the tax increase be forced to sell the family home
in the midst of this depressed housing market.
The turmoil, stress, and hardship that would affect my wife and
I in the event of annexation can be forestalled or banished by
your refusing to approve annexation.
Not only will annexation likely bring an immediate increase in
tax without a measurable or reasonably foreseeable increase in
services, but my wife and I will lose rights we now have -- the
right to have horses or other animals on the property, for
example. Nor is it likely that the city will improve on the
excellent police protection (from the sheriff's office) that we
have enjoyed.
Very Truly Yours _
S...:~,;t; LU'-<?j./rz-7
Bert Weening
September ".s-, 1991
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City Clerks Office
300 North "0" street
Second Floor
San Bernardino, California
92418
Re:
Opposition and Protest to -".".~t
Annexation No.: 352, LAFCO %@.:..;.J
Gentlemen:
, am
a property
located at
v~
owner and/or registered voter
..;l4'fG"G
f;:,
c I'll
cftT.
of'
(i icate one
~ (!; r/ 1!Y1. ,
.
or both)
,
San Bernardino,
, which is within
California, Parcel No.
the above-referenced prop~~d ~gn~atfoh ~r~'
I hereby protest to and oppose this anne~ation.
DATED:
9-'(;-71
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City Clerks Office
300 North "0" street
Second Floor
San Bernardino, California
.
92418
Re: Opposition and Protest to
Annexation No.: 352, LAFCO.i~~~
Gentlemery.;] . 1..
I~.(A;~ &1 h1?1~ , am a property
owner and/or registered voter (indicate one or both) located at
r? ..2-/ - cr r:19 No W;, +UWJ IJ h A,I'f" .
California, Parcel No.
the above-referenced proposed annexation area.
,
San Bernardino,
, which is within
I hereby protest to and oppose this annexation.
DATED:
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