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.' File No. 12.01-319
ClTOOF SAN BERNARDI'" - REQU'OT FOR COUNCIL ACOON
From:
ROGER G. HARDGRAVE, DirectoltEC'O. -A::lM!N'SSlfifc!t:
Public Works /Engineering '939 JUN 29 fJ! II: 23
Resolution -- Initiate proceedings and
set a hearing for the proposed annexation
generally located South of Rialto Ave.,
West of Tippecanoe Ave. (Annex No. 340,
LAFCO 2541)
Dept:
Date:
June 29, 1989
Synopsis of Previous Council action:
11/21/88
04/17/89
06/05/89
Authorization to proceed was given.
Resolution No. 89-111, making application to the LAFC, was approved
Resolution No. 89-169, determining the amount of property tax
revenues to be exchanged between the City and County of San
Bernardino, relative to the proposed annexation.
06/21/89 -- The LAFCO approved the proposed. annexation and adopted Negative
Declaration.
Recommended motion:
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Adopt Resolution
cc: Marshall Julian, City Administrator
Jim Richardson, Deputy City Administrator/Development
JllIIIes Penman, City Attorney
Contact person:
Les Fogassy
Phone:
5334
Supporting data attached: Staff Report,Resolution
Ward:
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FUNDING REQUIREMENTS:
Amount:
None
Source: (Acct. No.1 N/A
(Acct. Descriotionl N/A
Finance:
Council Notes:
75-0262
Agenda Item No.
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CI"IQ,' OF SAN BERNARDIQ) - REQUg;T FOR COUNCIL Ac:1.0N
STAFF REPORT
On November 11, 1988, authorization was given to proceed with the proposed annexation
of the area generally located South of Rialto Avenue, West of Tippecanoe Avenue, as a
result ofa petition received by the City from a property owners who represents 507. of
the area proposed for annexation.
On April 17, 1989, Resolution No. 89-111 was adopted, making formal application to the
Local Agency Formation Committee (LAPCO).
Part of those proceedings requires that the affected aJencies of the proposed
annexation adopt a resolution determining the amount of property tax revenues to be
exchanged between the agencies as a result of the proposed change of jurisdictional
boundaries. On June 5, 1989, Resolution No. 89-169 was adopted, determining property
tax revenues to be exchanged between the City of San Bernardino, and the County of San
Bernardino.
On June 21, 1989, the LAFCO adopted Resolution No. 2208, making determination on LAPC
2541 and approving the proposed annexation. On that same date, the LAFCO adopted a
Negative Declaration.
Said resolution by the LAPCO authorizes and directs the City of San Bernardino to
initiate proceedings relative to the proposed annexation. As part of these
proceedings, the City must conduct a public hearing regarding the proposed annexation.
Notification must be made by the publishing, posting and mailing of a "Notice of
Hearing". Since the area has been found by the LAFCO to be legally uninhabited, only
property owners within said proposed area must be notified.
The attached resolution, initiating proceedings, sets a public hearing date of August
21,1989.
6-29-89
75-0264
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6-29-89
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RESOLUTION NO.
A RESOLUTION OF TIlE CITY OF SAN BERNARDINO INITIATING PROCEEDINGS
3 AND SETIING A PUBLIC HEARING FOR TIlE PROPOSED ANNEXATION OF TIlE AlmA
GENERALLY LOCATED SOUTH OF RIALTO AVENUE, EAST OF TIPPECANOE AVENUE,
4 DESIGNATED LAFCO 2541.
5 WHEREAS ,preliminary proceedings for a reorganization (annexation)
6 were initiated when the City of San Bernardino filed its Resolution No; 89-
7 111, applying to the Local Agency Formation Commission in the County of San
8 Bernardino for annexation of certain territory pursuant to the Cortese-Knox
9 Local Government Reorganization Act of 1985, Division 3, commencing with
10 section 56000 of the California Government Code.
11 WHEREAS, no City other than the City of San Bernardino is affected
12 by this annexation.
13 WHEREAS, the proposal is for annexation of the territory described
14 below to the City of San Bernardino. The area is legally uninhabited. It has
15 an assessed valuation of $301,723.00.
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WHEREAS, a Landowner in the proposed annexation has requested
17 annexation to the City of San Bernardino to receive extended urban services.
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WHEREAS, the Local Agency Formation Commission has set.forth the
19 following terms and conditions in its Resolution No. 2208 :
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"Condition No. 1. The conducting authority . for this
21 proceeding shall be the City Council of the City of San Bernardino.
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"Condition No.2. The boundaries are approved as set forth
23 in Exhibit "A" attached.
24 "Condition No.3. The following distinctive short form
25 designation shall be used throughout this proceeding: LAFC 2541.
26 "Condition No.4. Pursuant to the provisions of Government
27 Code Section 56161, the conducting authority is required to provide
28 individual notification to property owners within the affected territory.
06-29-89
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Proposed annexation: South of Rialto Avenue, West of Tippecanoe Avenue
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"Condition No.5. Included in the City's resolution
2 depicting final action shall be the detachment of County Service Area 38,
3 County Service Area 70, and County Service Area SL-l without split of assets
4 or liability.
"Condition No.6.
The date of issuance of the Certificate
of Completion shall be .the effective date of this annexation.
WHEREAS, a description of the boundaries for the proposed
annexation is as follows:
Proposed Annexation
South of Rialto Avenue, West of Tippecanoe Avenue
That portion of Lot 16, Block 45, Rancho San Bernardino,
as per map recorded in Book 7, page 2 of maps, in the
office of the County Recorder , County of San
Bernardino, State of California and All of Tract No.
2354, as per map recorded in Book 33 of Maps, page 86,
Records of the County Recorder of said County, described
as follows:
Beginning at the Southwest corner of said Lot 16; thence
North, along the West line of said lot, said line also
being the Corporate City Limit line of the City of San
Bernardino as it now exists, and along the West line of
said Tract No. 2354, and the Northerly prolongation
thereof, a distance of 1129.49 feet, more or less, to
the Centerline of Rialto Avenue (formerly Cardiff
Avenue); thence East, leaving said Corporate City Limit
Line, along said Centerline, a distance of 815 feet,
more or less, to the Northerly prolongation of the East
line of said Tract No. 2354; thence South, along said
East line and it's prolongation, said line also being
the Corporate City Limit Line of the City of San
Bernardino, as it now exists, a distance of 1136.18
feet, more or less, to the Southeast corner of said Lot
16; thence West, along said corporate City Limit Line, a
distance of 815 feet, more or less, to the Southwest
corner of said Lot 16, and the Point of Beginning.
NOW TIiERE BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. A public hearing will be conducted on Monday, August
21, 1989, to be held in Council Chambers, City Hall, 300 North "D" Street,
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Proposed annexation: South of Rialto
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West of Tippecanoe Avenue
Avenue,
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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 2541.
SECTION 2. Any landowner of land within the territory proposed
for annexation, who wishes to file written protest against this annexation
must do so by written communication filed with the City Clerk, which must
be filed no later than the conclusion of said public hearing. Each written
protest must state that the protest is being made py a landowner and must
state the name and address of the landowner and the street address or other
description sufficient to identify the location of the land.
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 56158 ,56159, and 57025.
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Proposed annexation: S(:jh of Rialto A~e, West of Tippecanoe Avenue
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I HEREBY CERTIFY that the foregoing resolution was duly adopted Qy
2 the Mayor and Common Co~cil of the City of San Bernardino at a
meeting thereof held on the
day
of
, 19_____, Qy the following vote, to-wit:
AYES: Council Members
NAYS:
ABSENT:
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 Attorn~eY .
By:~--- )
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