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HomeMy WebLinkAbout24-Public Works 4. - CITY OF SAN BERNAREOo File No. 12.01-330 - REQUEST FOR Q)UNCIL ACTION 'rom: ROGER G. HARDGRAVE, Director Subject: Resolution terminating proceedings for proposed Annexation of the territory generally located East of Waterman Ave., between 6th and 3rd Streets (Annexation No. 350, LAFCO 2671) )ept: Public Works (Engineering late: September 23, 1991 .ynopsis of Previous Council action: 10/01/89 Authorization to proceed was given. 04/15/91 06/17/91 Resolution No. 91-124, aaking application to LAFCO, was adopted. Resolution No. 91-229 was adopted, determining amount of property tax transfer from County to City. 08/20/91 -- Resolution No. 91-373, setting public hearing was adopted. i 'lecommended motion: cc: Shauna Clark, City Administrator James Penman, City Attorney ADOPT RESOLUTION Contact person: Les Fogassy Phone: 5334 Supporting data attached: Staff Report,Resolution Ward: 1 FUNDING REQUIREMENTS: Amount: NONE Source: (Acct. No.) N/A (Acct. Descriotionl N/A Finance: :Cuncil Notes: 75-0262 Agenda Item No !1J./ 4. 1 ..1 ~ CITY OF SAN BERNAR~O - REQUEST FOR ())UNCIL ACTION STAFF REPORT On October 1, 1990, authorization was given to proceed with the proposed annexation of the area generally located East of Wateraan Avenue, between 6th street and 3rd street. The proposal was a City initiated action. Filing of the proposal was made to the Local Agency Fo~ation Co..ission ~ Resolution No. 91-124, adopted April 15, 1991. LAFCO reviewed and approved the proposal on June 19, 1991. Resolution No. 91-373 adopted on August 20, 1991, set a hearing for September 16, 1991. All property owners within the proposed territory, and all affected agencies, were notified of the hearing ~ ui1. The hearing was held that day, and protests were received prior to the conclusion of that hearing. The area proposed for annexation is legally inhabited, allowing protests to be filed ~ either property owners of registered voters. It has .been determined that the protests filed ~ the registered voters represents a ujority of the registered voters residing within the proposed area, and thus the proceedings for the proposal must now be terminated. Attached is the Resolution Terminating Proceedings for your action. 9-23-91 75-0264 -.-- I ~ . "":' ~ I i I I -::-----l"nn nn i"'" 11'- -- . ~ - . . N c ~ . 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 JI. - - o o RESOLlITION NO. RESOLlITION OF THE CITY OF SAN BERNARDINO DETERMINING TIlAT A MAJORITY OF PROTESTS BY REGISTERED VOTERS HAVE BEEN FILED AND TERMINATING PROCEEDINGS FOR ANNEXATION NO. 350 (LAFCO 2671) FOR THE TERRITORY GENERALLY LOCATED EAST OF WATERMAN AVENUE, BETWEEN 6TH STREET AND 3RD STREET. WHEREAS, pursullDt to the provisions of the Cortese-Knox Local Government Reorganization Act of 1985, Division 3, co..encing with section 56000 of the California Government Code, proceedings were initiated b,y the Co_on Council of the City of San Bernardino, to annex to the City of San Bernardino, certain contiguous inhabited territory generally located East of Waterman Avenue, between 6th Street and 3rd Street, and more particularly described in Resolution Initiating Proceedings, No. 91-373, on file in the office of the City Clerk of the City of San Bernardino, designated LAFCO 2671; and WHEREAS, a public hearing was set for the 16th day of Septllllber, 1991. at the hour of 10: 00 llII in the Council Chllllbers of City Ball, 300 N. "D" Street, San Bernardino, California, and the sue was the day, hour and place designated where any and all persons registered to vote within the territory proposed for annexation or persons owning land within the territory proposed for annexation may file a written protest with the City Clerk, prior to the conclusion of said hearing; and WHEREAS, all property owners of land within the territory proposed for annexation, and all affected agencies were notified of said hearing b,y lIlliling, publication and posting of a "Notice of Public Hearing" pursuant to the provisions of California Govern.ent 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 09-23-91 't'-- . - RESOLUTION TERMINATe) PROCEEDINGS FOR ANNEXATION NOd50' LAFCO 2671 ,., 1 set forth hereinabove, and protests were filed and received ~ more than 2 fifty percent (501) of the registered voters residing in the territory 3 proposed for annexation ~ the conclusion of said hearing. 4 SECTION 2. That proceedings for the annexation of said territory 5 herein described as Annexation No. 350, designated as LAFCO 2671, is here~ 6 terminated. 7 SECTION 3. That the City Clerk of the City of San Bernardino 8 shall cause a certified copy of this Resolution to be filed with the 9 Executive Officer of the Local Agency Formation Commission. 10 I I 11 I I 12 I I 13 I I 14 II 15 I I 16 I I 17 I I 18 I I 19 I I 20 I I 21 I I 22 II 23 I I 24 I I 25 I I 26 I I 27 I I 28 I I 01-25-91 2 iIIiI..." RESOLUTION TERMINAT~ PROCEEDINGS FOR ANNEXATION NO. ::150, e)1 L.u~U .l.Oli 1 I HEREBY CERTIFY that the foregoing resolution was duly adopted by 2 the Mayor and Co_on Council of the City of San Bernardino at a meeting thereof held on the day of 3 4 , 19_____, by the following vote, to-wit: 5 Council Mubers: 6 ESTRADA 7 RBIIJ.Y 8 HERNANDEZ 9 HAUDSLEY 10 MINOR AYES NAYES 11 12 13 14 15 16 17 18 19 20 21 22 23 24 POPE-LUDLAM MIu.ER ABSENT ABSTAIN City Clerk The foregoing resolution is hereby approved this day of , 19_____. W.R. HOLCOMB, Mayor City of San Bernardino Approved as to fona and legal content: JAMES F. PENMAN, City A orney 25 l?~ 26 27 28 By: , ~ 09-23-91 3