HomeMy WebLinkAbout1986-222
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RESOLUTION NO. 86-222
2 REECJ,li~j'J ON OF ':'H}'; Cl'rY OF SAN BERNARDINO FINDING THE VALUE
OF WRITTEN PROTESTS AND ORDERING MUNICIPAL REORGANIZATION NO.
3 LAFC 2372 FOR THE ANNEXATION OF INHABITED TERRITORY LOCATED
GENERALLY BETWEEN WATERMAN AVENUE AND PEDLEY LANE, AND BETWEEN
4 THIRD AND NINTH STREETS, SUBJECT TO CONFIRMATION OF VOTERS WITHIN
'rI-I";: AF}"EC~;:Ln ~1'};I<r:I'lORIES AND TO THE CONDITIONS CONTAINED IN
5 RESOLUTION NO. 2036 OF THE LOCAL AGENCY FORMATION COMMISSION;
CALLING A SPECIAL ELECTION AND REQUESTING CONSOLIDATION WITH THE
6 GENERAL ELECTION ON NOVEMBER 4, 1986.
7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CI'IIY
OF SAN BERNARDlr-:(l AB FO).J ,()W~'~:
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SECTION 1. Recitals.
A. Pursuant to the Cortese/Knox Local Government
Reorganization Act, Government Code Sections 56000, et seg.,
proceedings were initiated by the Mayor and Common Council in
ResoJ.l't j <\Ii Fe.. 85-483 GD November 18, 1985, for the annexation of
inhabited territory located generally between Waterman Avenue and
Pedley Lane and between Third and Ninth Streets, which is legally
described in Exhibit "A", which is attached hereto and
incorporated herein as though fully set forth.
B. Notice of a hearing on the proposed annexation to be
held on June 2, 1986, in the Ci ty Counc il CbanbE'! f; cd C5 ty H;1)] 1
300 North "D" Street, in the City of San Bernardino at 9:00 a.m.
C. A hearing of protests having been held as noticed on
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June 2, 1986, it is determined that 46.49% of the registered
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voters residing within the affected territory have filed written
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protests against the annexation.
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D. Pur suant to G(yV prnrilE>r1t Cede Sect ion 57075, an election
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1 shall be called and held on the question of whether this
2 municipal reorganization shall be confirmed.
3 SECTION 2. Value of Written Protests.
4 The value of the written protests filed up until the close
5 of the hearing on June 2, 1986, and not with6rawn, is 46.49% of
6 the registered voters residing within the territory to be
7 annexed.
8 SECTION 3. Annexation Ordered.
9 Subject to confirmation of the voters within the affected
10 territory, annexation of thE';- unincorpolo.ted area legally
11 described in Exhibit "A" attached hereto is hereby ordered. A
12 map showing the area to be annexed is attached hereto as Exhibit
13 "B" and incorporated herein as though fully set forth. Pursuant
14 to Condition No. 5 of LAFCO Resolution No. 2036, the effective
15 date of tbi~ nvrdc5pciJ l(-'()r<]d)lization shall be the date of
16 issuance of the Certificate of Completion. ~?is reorganization
17 shall be subject to the conditions contained in LAFCO Resolution
18 No 2036 as follows:
19 A. The amount of property tax revenues to be exchanged
20 between the County anc t }'e C it y r-esul t 1n9 f rom the j ur isdictional
21 change shall be settled pursuant to Resolution No. 86-103 of the
22 Mayor and Common Council.
23 B. That included in the City's resolution depicting final
24 action sbeJ J bE' tIlE.' (letdchment of County Service Area SL-l,
25 County Service Area 38, and County Service Area 70 without split
26 of assets or liabilities.
27 SECTION 4. Special Election Called.
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1 A special election is called and will be held on Tuesday,
2 November 4,1986, in the unincorporatEc eI{'c; ]{'Se'l)}Y (ll-.-.cr;~:)E"d in
3 Exhibit "A" hereto and shown on the map attached as Exhibit "B"
4 hereto for the purpose of submitting to the registered voters
5 within said area, for their approval or disapproval, the order
6 adopted on June 2, 1986, by the Mayor and Conn('r~ ((llllH'lJ_ c.f t.h(:::
7 City of San Bernardino ordering the annexation to said City of
8 the territory described in said order and designated as LAFC
9 2372. The order shall be confirmed if approved by a majority of
10 the voters voting thereon.
11 SECTION:5.. Hequc:~:;1' rCI C(i!.f,(,lic1ation.
12 Pursuant to Section 23302 of the Elections Code, the Mayor
13 and Common Council of the City of San Bernardino request that the
14 Board of Supervisors of the County of San Bernardino consolidate
15 the City's special anJlf::>:x("-.d .i()ll ~.,~(~(:tj(ll ",jtb tbe general election
16 to be held on November 4, 1986.
17 SECTION 6. Measure.
18 The measure to be voted on at the special municipal election
19 as it is to appear on the ballot shall be as follows:
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21 CITY OF SAN BERNARDINO
ANNEXATION MEASURE
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YES
Shall the order adopted on June 2,
24 1986 by the Mayor and Common Council of
the City of San Bernardino ordering the: NO
25 annexation to the City of San Bernardino:
of tbE' t E'1 l~; t (iLl' (1{>~-iCj :lhee] .i n that order:
26 and designated as LAFC No. 2372 be
confirmed?
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On the ballot opposite each question and to its right, the
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1 words "Yes" and "No" shall be printed on separate lines with
2 voting squares.
3 Th e Boa r d 0 f Sup e r vis 0 r:=; 0 f t h (-' (" () U 1 d'l' (; f fan E € r n a r d i no i s
4 hereby authorized to canvass the returns of the special
5 annexation election called by this resolution and to conduct the
6 special election and the consolidated election with the County of
7 San Bernardino in all respects as if there were only (;1't<:.: r::J (~c1.:' (;f:
8 with only one form of ballot. Results of the election shall t~,
9 certified to the Mayor and Common Council of the City of San
10 Bernardino.
11 SECTION 8. Notice of Election.
12 Pursuant to Section 57131 of the Government Code, the City
13 Clerk is hereby di (Pct (-'(1 i (; l;tlbJ ~ f.b c. r( t ice of the annexation
14 election which shall contain the following:
15 A. The date of the election;
16 B. A statement of the proposition to be voted on and a
17 general description of the bounc1a:r.lr:;h elf. ~ }I(-> tel r i tcry to be
18 annexed as set forth in Exhibits "A" and "B" hereto;
19 C. That the Mayor and Common Councilor any member
20 authorized by Councilor any registered voter or bona fide
21 association of citizens entitled to vote on the proposal is
22 invited to submit 6n~ file ~ith the City Clerk for printing and
23 distribution in the ballot pamphlet a written argument for or
24 against the proposal;
25 D. That the last day for receipt of primary arguments for
26 or aged rf:.t t };{' I.f'(~hl.i' (::
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l;(;.en established as 4:30 p.m. on
27 August 5, 1986, in the City Clerk's Office, Second Floor, City
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1 Hall, 300 North "D" Street, San Bernardino, CA:
2 E. That the last day for receipt of rebuttal arguments is
3 4:30 p.m. on August 12, 1986, in the City Clerk's Office at the
4 above location:
5 F. That only one argument for and C,l!{= a_/<.JlJrll~l!t (1<J(;.jr~t
6 shall be selected by the Ci ty Clerk and pr inted: that suet:
7 argument shall not exceed three hundred (300) words in length,
8 shall be accompanied by not more than three (3) signatures, and
9 shall be accompanied by the statement in Section 5350 of the
10 ?Jt-c~:i(,ns ('ode;
11 G" lJl:(~rl t liE Ci ty Clerk has selected the arguments for and
12 against the measure which will be printed and distributed to the
13 voters, the City Clerk shall send copies of the argument in favor
14 of the measure to the authors of the argument against and copies
15 of the argurn(:'ld. l1<.J(i~; Iltd f (; t liE ctuthors of the argument in favor.
16 The authors may prepare and submit rebuttal ~rguments not
17 exceeding two hundred fifty (250) words. The rebuttal arguments
18 must be filed with the City Clerk not later than August 12, 1986.
19 Rebuttal arguments shall be printed in accordance with Elections
20 COdf. Section 3787: and
21 E.. ~rl:()t ,.; f;,;jc;rit.y vote of citizens voting on the
22 proposition is required for confirmation of the annexation.
23 SECTION 9. Territory, Precincts, and Polling Places for
24 Election.
25 The special election called by this resoJ u1':; (Jr! f;bcd J bE' }:E] d
26 within the territory described in Exhibit "A" and shown on the
27 map which is Exhibit "B" hereto and shall be held in such
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1 precincts and at such polling places as shall be determined by
2 the Registrar of Voters of the County of San Bernardino. The
3 Board of SUp~lV:i [;(Ir f, cf the County of San Bernardino is hereby
4 requested to issue instructions to the Registrar of Voters to
5 take all steps necessary for the holding of the consolidated
6 election. The Mayor is hereby authorized to execute a contract
7 for the services necessa.ry' ff)! c(>}H1\Jc1 ~ fig t t'E EI ection.
8 SECTION 10. Filing bv City Clerk With Local Agency
9 Formation Commission and Board of Supervisors.
10 The City Clerk is hE"IE'b} (~51E:'(:i(->(1 in f:iJe a certified copy
11 of this resolution with the Executive Officer of the Local Agency
12 Formation Commission of the County of San Bernardino by certified
13 mail within five (5) days of the adoption hereof. The City Clerk
14 is further directed to file a certified copy of this resolution
15 with the Board of SUPPl',;j f.(lr f (!f the County of San Bernardino and
16 the San Bernardino County Registrar of Voter~:
17 I HEREBY CERTIFY that the foregoing resolution was duly
18 adopted by the Mayor and Common Council of the City of San
19 Bernardino at a regular
20 the 16th day of _._~J:!P~_._ . _~_.
21 following vote, to wit:
meeting thereof, held on
, 1986, by the
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AYES:
Council Members Estrada. Reilly, Marks
Ouiel. Fraz ier . __Strickler
NAY S :
Council Member Hernandez
ABSENT:
None
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/ ;::.";7 ~/'h~ _~;?~. .~.':'J
...<:~ ; -:.,-. - /"1 ~ ."." ' './
/ City Clerk
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1 The foregoing resolution is hereby approved this /7CA./ day
2 of
.11ln p.
, 1986.
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'::"AA-~~'~ I/r/~N__...
Mayor of te City of S~dino
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Approved as to form:
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:;/ t.. tJ&L.~' f' r/Z.aL-e-..c
8 City Attorney
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Exhibit "A 't. (
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Those portions of Blocks 43 and 44, Raricho San Bernardino as
per plot thereof recorded in Book 7 of Maps, Page 2 records of
the County Recorder, San Bernardino County.' State of California
ana that portion of the Cooley Tract as per plot recorded in Book
5 of Maps, Page 62 records of the County Recorder of said County
and those adjoining Streets de.scribed as follows:
Beginning at a point on the present Corporate Limit of the
City of San Bernardino said point being the intersection of the
centerlines of Waterman Avenue and Third Street; th~nce East
along said City limit line and said center line of Third Street,
a distance of 1250 feet more or less to an angle poi~t th~rein;
thence continuing South along said City limit line 41.25 feet'
more or less to a point being on the South line of said Third
street; thence continuing East along said 'City limit l~ne and
said South line of Third Street a distance of. 950.00 feet more or
;less to the Southerly prolongation of the center line of Palm
Lane 60 feet wide; thence leaving said' City. limit line North
along said Southerly prolongation of Palm Lane and said
centerline, a distance of 1070 feet more or less to the center
line of Monterey Avenue, 50 feet wide; thence East along said
centerline of Monterey Avenue, a distance of 1440 feet more or
less to the center line of Pedley Road 60 feet wide; thence North
along said center line of Pedley Road .1200 feet more or less to 8.
point in said City Limit Line; thence West, following said City
Limit line and all its various courses Bnd distances to the Point
of Beginning.
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