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'CITY OF SAN BERN~DINO - REQUES.i(e~~~lr~OijNCIL ACTION
~rom:
ROGER G. HARDGRAVE, Director
Subject:
Resolution -- Initiate proceedings an,
set a hearing for the proposed annexatioJ
generally located East of Lena Road,
South of 3rd Street (Annexation No. 355,
LAPCD 2713)
Dept:
Public Works /Engineering
Date:
June 5, 1992
Synopsis of Previous Council action:
03-16-92
Authorization was given to to proceed with the proposed annexation
of the territory located generally between Lena Road and Tippecanoe
Avenue, and between 3nl Street and Rial to Avenue.
04-06-92 --
Resolution
transfer
Annexation
No. 92-122 was adopted,
between the City and
no. 355
determining the amount
County relative to
of tax
proposed
Recommended motion:
Adopt Resolution
cc: Shauna Clark, City Administrator
Andrew Green, Finance Director
James Penman, City Attorney
/' ~///
~~~
Signature
Contact person:
Les Fogassy
Phone:
5334
Supporting data attached:
Staff Report,Resolution
Ward:
1
FUNDING REQUIREMENTS:
Amount:
$598.00
Source: (Acct. No.)
(Acct. Descriotionl
001-302-53007
Filing
Fees
~tJt
Finance:
Council Notes:
15-0262
Agenda Item No.
S"'1.
'CITY OF SAN BERN~DINO - REQUEST ~ COUNCIL ACTION
STAFF REPORT
A petition for annexation w~s filed with the Local Agency Formation Commission (LAFCO)
by registered voters residing in the territory generally located between Lena Road and
Tippecanoe Avenue, and between 3rd.Street dnd Rialto Avenue.
This petition was filed dS a result of the residents desiring City services,
particularly water services. The area is currently served by Cardiff Farms Mutual
Water Company, which has a history of poor service and water quality. The costs of
installing a new water system will be paid for partially by County Community
Development Block Grant flmds, with the remainder of funds being provided by the
Inland Valley Development Association.
On March 16, 1992, authorization was given to proceed with the proposed annexation,
and on April 4, 1992, Resolution No. 92-122 was adopted, determining the amount of tax
transfer between the C;'y and the County, relative to the proposed annexation.
The proposed annexation was approved by LAFCO on May 20, 1992. The City must now
initiate proceedings as conducting authority, and must hold a public hearing relative
to the proposal.
The attached resolution, initiating pr~ceedings, sets a public hearing date of July
20, 1992. All property owners within the proposed area will be notified by mail of the
proposal, along with all affected agencies.
URGENCY CLAUSE: Due to the deteriorating water conditions that currently exists in
this area, this annexation should be completed in a timely matter to allow the City to
begin providing services.
75.0264
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RESOLUTION NO.
A RESOLUTION OF THE CITY OF SAN BERNARDINO INITIATING PROCEEDINGS
AND SE'ITING A PUBLIC HEARING FOR THE PROPOSED ANNEXATION OF THE AREA
GENERALLY LOCATED BETWEEN LENA ROAD AND TIPPECANOE AVENUE AND BETWEEN 3RD
STREET AND RIALTO AVENUE, KNOWN AS ANNEXATION NO.355 AND ALSO DESIGNATED
LAFCO 2713.
WHEREAS, preliminary proceedings for a reorganization (annexation)
were initiated when registered voters within the proposed area filed an
application with the Local Agency Formation Commission in the County of San
Bernardino for annexation of certain territory pursuant to the Cortese-Knox
Local Government Reorganization Act of 1985, Division 3, commencing with
section 56000 of the California Government Code.
WHEREAS, no City other than the City of San Bernardino is affected
by this annexation, and
WHEREAS, the proposal is for annexation of the territory described
below to the City of San Bernardino. The area is legally inhabited. It has
an assessed valuation of $6,580,885 (Land and Improvements).
WHEREAS, registered voters in the proposed annexation have
requested annexation to the City of San Bernardino to receive extended urban
services.
WHEREAS, the Local Agency Formation Commission has set forth the
following terms and conditions in its Resolution No. 2378 :
"Condi tion No.1. The conducting authori ty for this
proceeding shall be 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 for
designation shall be used throughout this proceeding: LAFC 2713.
"Condition No.4. All previously authorized charges, fees,
assessments and/or taxes currently in effect by the City of San Bernardino
06-05-92
Anv-l0h
RESOLUTION INITIATING PROCEEDINGS AND SETTING A PUBLIC HEARING FOR THE
PROPOSED ANNEXATi.ON OF THE TERRITORY GENERALLY ~TED BETWEEN LENA ROAD AND
TIPPECANOE AVE~,.. AND BETWEEN 3RD STREET AND Rh..tO AVENUE (LAFCO 2713).
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(annexing agency) shall be assumed by the annexing territory in the same
manner as provided in the original authorization pursuant to Government Code
Section 56844(c).
"Condition No.5.
Tbe date of issuance of the Certificate
of Completion shall be the effective date of this annexation.
"Condition No.6. Tbe conducting authority is required to
provide notification pursuant to the provisions of Government Code Section
57025(c)."
WHEREAS, upon completion of the proposed annexation, the following
County Service Areas and improvement zones will be detached from the
territory to be annexed: CSA 38, CSA 38 Zone G, CSA 38 Zone L, CSA 70, CSA
70 Zone A, and CSA SL-l, without split of assets or liability.
WHEREAS, a description of the boundaries for the proposed
annexation is as follows: generally located East of Lena Road, West of
Tippecanoe Avenue, North of Rialto Avenue and South of 3rd Street, and is
more fully described in Exhibit "A", attached hereto and incorporated by
17 reference as though fully set forth in length.
18 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
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SECTION 1. A public hearing will be conducted on Monday,
July
20, 1992, to be held in Council Chambers, City Hall, 300 North "D" Street.
San Bernardino, California, at the hour of 10:00 a.m., or as soon
after that time as the matter may be heard. to receive. consider and rule
upon written protests to the annexation designated LAFCO 2713.
SECTION 2. At any time prior to the conclusion of the hearing in
the notice given by the clerk. but not thereafter. any owner of land or any
registered voter within inhabited territory proposed to be annexed. may file
a written protest against the annexation. Each written protest shall state
whether it is made by a landowner or registered voter and the name and
06-05-92
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.._u_inL
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III RESOLUTION INITIATING PROCEEDINGS AND SETTING A PUBLIC HEARING FOR THE
I PROPOSED ANNEXAT;r.ON OF THE TERRITORY GENERALLY LQI'o4.TED BETWEEN LENA ROAD AND
TIPPECANOE AVENte.) AND BETWEEN 3RD STREET AND RI.I...JJ AVENUE (LAPCO 2713).
1 address of the owner of the land affected and the street address or other
2 description sufficient to identify the location of the land or the name and
3 address of the registered voter as it appears on the affidavit of
4 registration. Protests may be made on behalf of an owner of land by an agent
5 authorized in writing by the owners to act as agent with respect to that
6 land. Protests may be made on behalf of a private corporation which is an
7 owner of land by any officer or employee of the corporation without written
8 authorization by the corporation to act as an agent in making that protest.
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Each written protest shall show the date that each signature was
10 affixed to the protest. All signatures without a date or bearing a date
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prior to the date of publication of the notice shall be disregarded for
purposes of ascertaining the value of any written protest.
SECTION 3.
That the City Clerk shall certify to the adoption of
this Resolution and shall cause same to be published in the Sun, a newspaper
published and circulated in the City of San Bernardino, and shall cause a
copy of this Resolution to be posted and mailed as required by Government
Code Sections 56156 ,56159, and 57025.
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06-05-92
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RESOLUTION INITIATING PROCEEDINGS AND SETTING A PUBLIC HEARING FOR THE
PROPOSED ANNEW",ON OF THE TERRITORY GENERALLY ~ATED BETWEEN LENA ROAD AND
TIPPECANOE AVE\.,,,,!. AND BETWEEN 3RD STREET AND R....lTO AVENUE (LAFCO 2713).
I HEREBY CERTIFY that the foregoing resolution was duly adopted by
the Mayor and Common Council of the Ci+v of San Bernardino at a
meeting thereof held on the
day
of
. 19~. by the following vote. to-wit:
Council Members:
NAYES
ABSTAIN
ABSENT
AYES
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
City Clerk
The foregoing resolution is hereby approved this
day of
. 19_
W.R. HOLCOMB, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
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06-05-92
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II
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LEGAL DESCRIPTION FOR PROPOSED ANNEXATION NO 355
TO THE CITY OF SAN BERNARDINO
(LAFCO 2713)
That portion of Cardiff Faras No. 2 Tract 2523, as per plat recorded in Book
36 of Maps, page 18, records of the COlUlty of San Bernardino, State of
California, described as f~llows:
Beginning at the intersection of the centerlines of Rialto Avenue and Lena
Road, said point also being on the Corporate City Limit Line of the City of
San Bernardino; thence Northerly, along the centerline of said Lena Road,
and along said Corporate City Limit Line, to an an angle point in said City
Li.it line; thence continuing along said centerline, and leaving said
Corporate City Limit Line, to the centerline of 3rd Street; thence Easterly,
along the centerline of said 3rd Street, to the centerline of Tippecanoe
Avenue; thence Southerly, along the centerline of said Tippecanoe Avenue, a
distance of 41.25 feet; thence, Easterly, along a straight line, a distance
of 25 feet more or less, to the Southeast corner of Tippecanoe Avenue and
3rd Street, said point also being on the Corporate City Limit Line of the
City of San Bernardino; thence Southerly, along the East line of said
Tippecanoe Avenue, to the Easterly prolongation of the centerline of Rialto
Avenue; thence Westerly, along said Easterly prolongation and the centerline
of said Rialto Avenue and said City Limit Line, to the Point of Beginning.
Containing 62.12 Acres, MIL
f'ij/rJ5/92
"EXHIBIT A"