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HomeMy WebLinkAbout1986-110 1 RESOLUTION NO. ~~___ 2 RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING THE VALUE OF WRITTEN PROTESTS AND ORDERING MUNICIPAL REORGANIZATION NO. 3 LAFC 2365 CONSISTING OF THE ANNEXATION OF NINE AREAS LOCATED GENERALLY NORTH OF HIGHLAND BETWEEN WATERMAN AND BOULDER AVENUES, 4 SUBJECT TO CONFIRMATION OF VOTERS WITHIN THE AFFECTED TERRITORIES AND TO THE CONDITIONS CONTAINED IN RESOLUTION NO. 2027 OF THE 5 LOCAL AGENCY FORMATION COMMISSION; CALLING A SPECIAL ELECTION AND REQIJESTING CONSOLIDATION WITH THE GENERAL ELECTION ON NOVEMBER 4, 6 1986. 7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 8 9 SECTION 1. Recitals. 10 (A) Pursuant to the Cortese/Knox Local Government 11 Reorganization Act, Government Code Section 56000, et seq., 12 proceedings were ini tiated by the ~-ayor and Common Cct:nci 1 in 13 Pesolution Ne. 86-10 on January 6, 1986, for the annexation of 14 nine unincorp0rated areas of inhabited territory which are 15 legally described in Exhibit "A", which is attached heretc and 16 incorporated herein as though fully set forth. 17 (B) Notice of a hearing on the proposed annexations to be 18 held on MArch 13, 1986 in the City Council Chambers at City Hall, 19 300 North "D" Street, in the City of San Bernardino at 9:00 a.m. 20 was d u 1 y pub 1 ish e d by the C i t Y C 1 e r k, t c g €. the r v] i t h pot ice t hat 21 protests could be filed with the City Clerk by any owner of land 22 or regj stered voter wi thin the terr5_ tories proposed for 23 annexation. 24 (C) A hearing of protests having been held as noticed cn 25 March 13, 1986, it is determi~ed that at least twenty-five 26 percent (25%) but less than fifty percent (50%) of the registered 27 voters residing within the affected territory have filed written 28 protests against the annexation. .' - " ~ I JCITY OF ,..~ { ; ,-, , r--I , I ..,...'....... ' "" l__, ~---., ," li r-' '.... ,----, ., 'J'" -'- " '_"\ ',t t.._ ___J I I I ~ r --,.. " r--' ; ,J r-J I I " , "..~ ~' , \ \ 1 L_-- SA~~ BERNARD~NO r' BASELINE AV[ , t- , --~ t- In r- 0 ~ , u "" , '" p_J ::>> :l 5'" ST rooTH'iLl"" BLVD w , ~ ftl , ,.J 7- I ~ , r~ ex: ...,lL , w WILL rJ , L____ :t ___ TO LOS A~(',nr5 " , ,-- .r " r' r--J " , ( , , r--,J I - ~_.J rnViV fU.OU~"'O~ U\.vu 8 r-- " .. -,~ :c -' Cl Q. w ~ ..,: '" .. :l II( 0) Cl -' 4 &oJ ~ ~ cr o UPDATE .. AuGV<;l I CD) Pursuant to Government Code Section 57075, an election 2 shall be called and held on the question of whether this 3 municipal reorganization shall be confirmed. 4 SECTION 2. Value of Written Protests. 5 The value of the written protests filed up until the close 6 of the hearing cn March 13, 1986, is at least 25% but less than 7 fifty percent (50%) of the registered voters residing within the 8 terri tories tc be annexed. 9 SECTION 3. Annexation Ordered. 10 Subject to confirmation of the voters within the affected 11 territory, annexation of the unincorporated areas legally 12 described in Exhibit "A" attached hereto is hereby ordered. p_ 13 map showing the areas to be annexed is attached hereto as Exhibit 14 ifB" and incorporated hf~rein as though fully set forth. Pursuant 15 to Condition N0. 4 of LAFCO Resolution No. 2027, the effective 16 date of this municipal reorganization shall be the date of 17 issuance of the Certificate of Completion. This reorganization 18 shall be subject to the conditions contained in LAFCO Resolution 19 No. 2027 and the following finding: 20 (A) The amount of property tax revenues to be exchanged 21 between the County and the City resulting from the jurisdictional 22 change shall be settled pursuant to Resolution No. 86-37 of the 23 Mayor and Common Counc i 1 . 24 SECTION 4. Special Election Called. 25 A special election is called and will be held on Tuesday, 26 Nov"ember 4, 1986, in those unincorporated areas legally described 27 in Exhibit "A" hereto and shown on the map attached as Exhibit 28 "B" heretc for the purJ:ose of submitting to the registered voters 2 1 within said areas, for their approval or disapproval, the order 2 adopted on March 13, 1986 by the Mayor and Common Council of the 3 the City of San Bernardino ordering the annexation to said City 4 of the territories described in said order and designated as LAFC 5 2365. The order shall be confirmed if approved by a majority of 6 the voters voting thereon. 7 SECTION 5. Request for Consolidation. 8 Pursuant to Section 23302 of the Elections Code, the Mayor 9 and Common Council of the City of San Bernardino request that the 10 Board of Supervisors of the County of San Bernardino consolidate 11 the City's special annexation election with the general election 12 to be held on November 4, 1986. 13 SECTION 6. Measure. 14 The measure to be voted on at the special municipal election 15 as it is to appear on the ballot shall be as follows: 16 17 CITY OF SAN BERNARDINO ANNEXATION MEASURE YES 18 19 20 Shall the resolution adopted on March 13, 1986 by the Mayor and Common Council of 21 the City of San Bernardino ordering the annexation of described unincorporated 22 territories designated as LAFC No. 2365 be confirmed? NO 23 24 The measure shall be designated on the ballot by a letter 25 printed on the left margin of the square containing the 26 description of the measure as provided in the Elections Code of 27 the State of California. 28 SECTION 7. Canvass of Returns by Board of Supervisors. 3 I The Board of Supervisors of the County of San Bernardino is 2 hereby authorized to canvass the returns of the special 3 annexation election called by this resolution and to conduct the 4 special election and the consolidated election of the County of 5 San Bernardino in all respects as if there were only one election 6 with only one form of ballot. Results of the election shall be 7 certified to the Mayor and Common Council of the City of San 8 Bernard ino. 9 SECTION 8. Notice of Election. 10 Pursuant to Section 57131 of the Government Code, the City 11 Clerk is hereby directed to publish a notice of the annexation 12 election which shall contain the following: 13 (A) The date of the election; 14 (B) That the last day for receipt of primary arguments for 15 or against the measure has been established as 4:30 p.m. on 16 August 5, 1986 , in the Ci ty Clerk's Office, Second 17 Floor, City Hall, 300 North "D" Street, San Bernardino, CA; 18 (C) That the last day for receipt of rebuttal arguments is 19 4:30 p.m. on August 12, 1986 , in the City Clerk's Office at 20 the above location; 21 (D) A statement of the proposition to be voted on and a 22 general description of the boundaries of the territories to be 23 annexed as set forth in Exhibi ts "A" and "B" hereto; 24 (E) That the Mayor and Common Councilor any member 25 authorized by Councilor any registered voter or bona fide 26 association of citizens entitled to vote on the proposal is 27 invited to submit and file with the City Clerk for printing and 28 distribution in the ballot pamphlet an argument for or against 4 1 the proposal; and 2 (F) That only one argument for and one argument against 3 shall be selected by the City Clerk and printed; that such 4 argument shall not exceed three hundred (300) words in length, 5 shall be accompanied by not more than three (3) signatures, and 6 shall be accompanied by the statement in Section 5350 of the 7 Elections Code; and 8 (G) That a majority vote of citizens entitled to vote on 9 the proposition is required for confirmation of the annexation. 10 SECTION 9. Territory, Precincts, and Polling Places for 11 Election. 12 The special election called by this resolution shall be held 13 within those nine unincorporated territories described in Exhibit 14 "A" and shown on the map which is Exhibi t "B" hereto and shall be 15 held in such precincts and at such polling places as shall be 16 determined by the Registrar of Voters of the County of San 17 Bernardino. The Board of Supervisors of the County of San 18 Bernardino is hereby requested to issue instructions to the 19 Registrar of Voters to take all steps necessary for the holding 20 of the consolidated election. The Mayor is hereby authorized to 21 execute a contract for the services necessary for conducting the 22 e 1 e c t ion. 23 SECTION 10. Filing by City Clerk With Local Agency 24 Formation Commission and Board of Supervisors. 25 The City Clerk is hereby directed to file a certified copy 26 of this resolution with the Executive Officer of the Local Agency 27 Formation Commission of the County of San Bernardino by certified 28 mail within five (5) days of the adoption hereof. The City Clerk 5 1 is further directed to file a certified copy of this resolution 2 with the Board of Supervisors of the County of San Bernardino and 3 the San Bernardino County Registrar of Voters. 4 I HEREBY CERTIFY that the foregoing resolution was duly 5 adopted by the Mayor and Common Council of the City of San 6 Bernardino at a "Y"A g111 ;::P'" 7 held on the 7+-'h day of ~ pr i 1 8 following vote, to wit: meeting thereof, , 1986, by the 9 10 11 12 13 14 15 16 day of 17 18 19 AYES: Council Members Estrada, Reilly, Marks, Quiel, Frazier, Strickler NAYS: None ABSENT: Council Member Hernandez ~ ~'?' /~. ~W~, .~~~ ,-rC~ty Clerk The foregoing resolution is hereby approved this //"':---;!...J / I '-. Apr;l -g 19~6. 0-)//'7 ~ / "~ / ~. ,/ ." / . :A-{,l:~"v/ Y':: Mayor of/the City of San.. ernardino 22 23 24 25 26 27 28 6 PROPOSED ANNEXATION LOCATED NORTH OF HIGHLAND AVENUE BETWEEN WATERMAN AVENUE AND BOULDER AVENUE MUNICIPAL REORGANIZATION TO INCLUDE ANNEXATIONS TO THE CITY OF SAN BERNARDINO ANNEXATION PARCEL 1 BEGINNING AT THE CENTERLINE INTERSECTION OF ORCHID DRIVE AND BRADFORD AVENUE, SAID POINT BEING ON THE CORPORATE LIMITS OF THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA; THENCE EASTERLY, NORTHERLY, WESTERLY AND SOUTHERLY ALONG THE VARIOUS COURSES . AND DISTANCES OF SAID CORPORATE LIMITS OF THE CITY OF SAN BERNARDINO, TO THE POINT OF BEGINNING. ANNEXATION PARCEL 2 BEGINNING AT THE CENTERLINE INTERSECTION OF THE WESTERLY PROLONGATION OF THE NORTH LINE OF HIGHLAND AVENUE AND THE CENTERLINE OF WATERMAN AVENUE SAID POINT BEING ON THE CORPORATE LIMITS OF THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA; THENCE EAST, NORTH, WEST AND SOUTH ALGNG THE VARIOUS COURSES AND DISTANCES OF SAID CORPORATE LIMITS OF THE CITY OF SAN BERNARDINO TO THE POINT OF BEGINNING. ANNEXATION PARCEL 3 BEGINNING AT AN ANGLE POINT ON THE CORPORATE LIMITS OF THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, SAID POINT BEING ON THE WEST LINE OF DAVID WAY AND 700.00 FEET, MORE OR LESS, NORTH OF THE CENTERLINE OF FORTIETH STREET; THENCE NORTHERLY ALONG THE VARIOUS COURSES AND DISTANCES OF SAID CORPORATE LIMITS OF THE CITY OF SAN BERNARDINO TO THE NORTH LINE OF GOVERNMENT LOT 1, OF SECTION 14, TOWNSHIP 1 NORTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN; THENCE WEST, 589.00 FEET, MORE OR LESS, TO AN ANGLE POINT OF THE CORPORATE LIMITS OF THE CITY OF SAN BERNARDINO;.THENCE SOUTHERLY AND EASTERLY ALONG THE VARIOUS COURSES AND DISTANCES OF SAID CORPORATE LIMITS OF THE CITY OF SAN BERNARDINO TO THE POINT OF BEGINNING. ANNEXATION PARCEL 4 BEGINNING AT AN ANGLE POINT ON THE CORPORATE LIMITS OF THE CITY OF SAN. BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA SAID POINT BEING ON THE CENTERLINE OF FORTIETH STREET AND 480.00 FEET. MORE OR LESS, EAST OF THE CENTERLINE OF DAVID WAY; THENCE NORTHERLY ALONG THE VARIOUS COURSES AND DISTANCES OF SAID CORPORATE LIMITS OF THE CITY OF SAN BERNARDINO TO THE NORTH LINE OF MUSCUPIABE RANCHO AS PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE 23, RECORDS OF SAN BERNARDINO COUNTY; ,~' ~,- L..' .~, . '.. A FILE NO. 12.01-316 JANUARY 2, 1986 -1- #-1 THENCE EASTERLY 737.00 FEET, MORE OR LESS, ALONG SAID ~ORTH LINE OF MUS CUP I ^ B E R ^ N C H 0, T 0 A N ^ tJ G l E POI N T 0 F S ^ 1 D C 0 ({ P 0 R ^ TEL I J.1 ITS 0 F T It E C 1 T Y 0 F. S' A N B [ R N A R 0 I NO; Tit E N C E SOU THE R L Y ^ U 0 W [ S T E R L Y A LON G THE V ^ RIO U S COURSES AND DISTANCES OF SAID CORPORATE LIMITS OF THE CITY OF SAN BERNARDINO TO THE POINT OF BEGINNING. ANNEXATION PARCEL 5 BEGINtlING AT THE INTERSECTION OF THE CENTERLINE OF LYNWOOD DRIVE AND THE SOUTHERLY PROLONGATION OF THE WEST LINE OF HARRISON STREET, SAID POINT BEING OU THE CORPORATE LIHITS OF THE CITY OF SAN BERNARDINO, COUNTY OF SAU BERNARDINO, STATE OF CALIFORNIA; THENCE EASTERLY, NORTHERLY, ~ESTERlY AND SOUTHERLY ALONG THE VARIOUS COURSES AND DISTANCES OF SAID CORPORATE L I ~11 T S OF THE CITY OF S'A N BERNARDINO .T 0 THE POINT OF BEGINNING. " '. ANNEXATION PARCEl"6 . BEGINNING AT THE INTERSECTION OF THE WEST LINE GOLDEN AVENUE AND THE CENTERLINE OF ALEXANDER AVENUE, SAID POINT BEING ON THE CORPORATE LIMITS OF THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA; THENCE EASTERLY, NORTHERLY, WESTERLY AND SOUTHERLY ALONG THE VARIOUS COURSES AND DISTANCES OF SAID CORPORATE LIMITS OF THE CITY OF SAN BERNARDINO TO THE POINT OF BEGINNING. ANNEXATION PARCEL 7 BEGINNING AT THE CENTERLINE INTERSECTION OF FOOTHILL DRIVE AND DEL ROSA AVENUE, SAID POINT BEING ON THE CORPORATE LIMITS OF THE CITY OF SAN. BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA; THENCE SOUTHERLY, EASTERLY. NORTHERLY AND WESTERLY ALONG THE VARIOUS COURSES AND DISTANCES OF SAID CORPORATE LIMITS Of THE CITY OF SAN BERNAR.DINO, TO THE POINT OF BEGINNING. ANNEXATIITN PARCEL 8 BEGINNING AT THE CENTERLINE INTERSECTION OF LYNHOOD DRIVE AND STERLING AVENUE, SAID POINT BEING ON THE CORPORATE lIMITS OF THE CITY OF SAN BERNARDINO. COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA; THENCE SOUTHERLY, EASTERLY, NORTHERLY AND WESTERLY ALONG THE VARIOUS COURSES AND DISTANCES OF SAID CORPORATE LIMITS OF THE CITY OF SAN BERNARDINO. TO THE POINT OF OEGINNING. . . . . FILE NO. 12.01-316 JANUARY 2, 1986 -2- ANNEXATION. PARCEL 9 BEGINNING AT THE CENTERLINE INTERSECTION OF PALM AVENUE AND ORCHID DRIVE, SAID POINT BEING ON THE CORPORATE LIMITS OF THE CITY OF SAN BERNARDINO. COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA; THENCE EASTERLY, NORT1IERLY, WESTERLY AND SOUTHERLY ALONG THE VARIOUS COURSES AND DISTANCES OF SAID CORPORATE LIMITS OF THE CITY OF SAN BERNARIDNO. 10 THE POINT OF BEGINNING. . ~ ~ . FILE NO. 12.01-316 JANUARY 2", 1986 -3-