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HomeMy WebLinkAbout32- Public Works File No. 12.01-336 CITY OF SAN BERA-►RDINO - REQUEST ; )R COUNCIL ACTION From: ROGER G. HARDGRAVE, Director Subject: Resolution -- Initiate proceedings and set a hearing for the proposed annexation Dept: Public Works /Engineering generally located South of 6th Street, West of Pedley Road (Annex No. 354, LAFCO Date: April 30,1993 2743) Synopsis of Previous Council action: 11-18-91 -- Authorization to proceed was given. 02-01-93 -- Resolution No. 93-24, making application to LAFCO, was adopted. 04-05-93 -- Resolution No. 93-108 determining the amount of property tax revenues to be exchanged between the City and County of San Bernardino, relative to the proposed annexation. Recommended motion: Adopt Resolution cc: Shaun Clark, City Administrator i ure James Penman, City Attorney Contact person: Les Fogassy Phone:_ 5334 Supporting data attached: Staff Report,Resolution Ward: 2 FUNDING REQUIREMENTS: Amount: None Source: (Acct. No.) N/A (Acct. Description) N/A Finance: Council Notes: zs-ozsz Agenda Item No. CITY OF SAN BERN_,RDINO - REQUEST I )R COUNCIL ACTION STAFF REPORT The attached Resolution sets a public hearing for the proposed annexation of the area generally South of 6th Street, West of Pedley Road, and its adoption is recommended. On November 18, 1991 , authorization was given to proceed with the proposed annexation. On February 2, 1993, Resolution No. 93-94 was adopted, making application to LAFCO for the proposed annexation, and on April 5, 1993, Resolution No. 93-108 was adopted, determining the amount of tax transfer between the City and the County, relative to the proposed annexation. The proposal was approved by LAFCO on April 21, 1993. Before the annexation can be finalized, the City must hold a public hearing relative to the proposal. The attached resolution, initiating proceedings, sets a public hearing date of June 21, 1993. There are only three property owners involved in the this proposal, and two of them have given their consent. )50264 ® , 2 §,. § # ` ----- - -- : | - . -� -- � ■ | e ■ - --------- | ¥� 3 .. � � qq nm F-4 —1 F- © O 1 RESOLUTION N0. 2 A RESOLUTION OF THE CITY OF SAN BERNARDINO INITIATING PROCEEDINGS AND SETTING A PUBLIC HEARING FOR THE PROPOSED ANNEXATION OF THE AREA GENERALLY 3 LOCATED SOUTH OF 6TH STREET, WEST OF PEDLEY ROAD, DESIGNATED LAFCO 2743. 4 WHEREAS, preliminary proceedings for a reorganization (annexation) were 5 initiated when the City of San Bernardino filed its Resolution No. 93-24, 6 applying to the Local Agency Formation Commission in the County of San 7 Bernardino for annexation of certain territory pursuant to the Cortese-Knox 8 Local Government Reorganization Act of 1985, Division 3, commencing with 9 section 56000 of the California Government Code. 10 WHEREAS, no City other than the City of San Bernardino is affected 11 by this annexation, and 12 WHEREAS, the proposal is for annexation of the territory described 13 below to the City of San Bernardino. The area is legally uninhabited. 14 WHEREAS, a Landowner in the proposed annexation has requested 15 annexation to the City of San Bernardino to receive extended urban services. 16 WHEREAS, the Local Agency Formation Commission has set forth the 17 following terms and conditions in its Resolution No. 2413 : 18 "Condition No. 1. The conducting authority for this 19 proceeding shall be the City Council of the City of San Bernardino. 20 "Condition No. 2. The boundaries are approved as set forth 21 in Exhibit "A" attached. 22 "Condition No. 3. The following distinctive short form 23 designation shall be used throughout this proceeding: LAFCO 2743. 24 "Condition No. 4. All previously authorized charges, fees, 25 assessments and/or taxes currently in effect by the City of San Bernardino 26 (annexing agency) shall be assumed by the annexing territory in the same 27 manner as provided in the original authorization pursuant to Government Code 28 Section 56844(c). 04-30-93 1 RESOLUTION INITIATING PROCCEEDINGS AND SETTING A HEARING RELATIVE TO PROPOSED ANN .TION NO. 354 (LAFCO 2743) 1 "Condition No. 5. The conducting authority is required to 2 provide individual notification pursuant to the provisions of Government 3 Code Sections 57025(b) and 57025(c) . 4 "Condition No. 6 The date of issuance of the Certificate 5 of Completion shall be the effective date of this annexation. 6 WHEREAS, upon completion of the proposed annexation, the following 7 County Service Areas and improvement zones will be detached from the 8 territory to be annexed: CSA 38, CSA 38G, CSA 38L, CSA 70, CSA 70A, CSA SL- 9 1, without split of assets or liability. 10 WHEREAS, a description of the boundaries for the proposed 11 annexation is more fully described in the attached Exhibit "A" attached 12 hereto and incorporated by reference as fully as though set forth in length. 13 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 14 15 SECTION 1. A public hearing will be conducted on Monday, June 21, 16 1993, to be held in Council Chambers, City Nall, 300 North "D" Street, San 17 Bernardino, California, at the hour of 10:00 a.m. , or as soon after that 18 time as the matter may be heard, to receive, consider and rule upon written 19 protests to the annexation designated LAFCO 2743. 20 SECTION 2. Any landowner of land within the territory proposed 21 for annexation, who wishes to file written protest against this annexation 22 must do so by written communication filed with the City Clerk, which must 23 be filed no later than the conclusion of said public hearing. Each written 24 protest must state that the protest is being made by a landowner and must 25 state the name and address of the landowner and the street address or other 26 description sufficient to identify the location of the land. Each written 27 protest shall show the date that each signature was affixed to the protest. 28 SECTION 3. That the City Clerk shall certify to the adoption of 04-30-93 2 RESOLUTION INITIATING PROCCEEDINGS AND SETTING A HEARING RELATIVE TO PROPOSED AND \TION NO. 354 (LAFCO 2743) 1 this Resolution and shall cause same to be published in the Sun, a newspaper 2 Published and circulated in the City of San Bernardino, and shall cause a 3 copy of this Resolution to be posted and mailed as required by Government 4 Code Sections 56158 ,56159, and 57025. 5 1 HEREBY CERTIFY that the foregoing resolution was duly adopted by the 6 Mayor and Common Council of the City of San Bernardino at a 7 meeting thereof held on the day of 8 19 by the following vote, to-wit: 9 10 Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA 11 REILLY 12 HERNANDEZ 13 MAUDSLEY 14 MINOR 15 POPE-LUDLAM 16 MILLER 17 18 19 City Clerk 20 The foregoing resolution is hereby approved this day of 19 21 22 23 W.R. HOLCOMB, Mayor 24 City of San Bernardino 25 Approved as to form and legal content: 26 JAMES F. PENMAN, 27 City Attorney 28 BY- Q���' 04-30-93 3 0 1 LEGAL DESCRIPTION FOR PROPOSED ANNEXATION NO. 354 TO THE CITY OF SAN BERNARDINO, GENERALLY LOCATED SOUTH OF 6TH STREET, WEST OF PEDLEY ROAD. 2 3 Those portions of Rancho San Bernardino, as per map recorded in Book 7 of Maps, page 7, records of the County Recorder of San Bernardino County, State 4 of California, and Cottage Gardens Tract No. 2345, as per map recorded in Book 33 of Maps, page 52, records of said County , described as follows: 5 6 Beginning at the intersection of the North line of 6th Street, 82.5 feet wide, and the Northerly prolongation of the West line of said Cottage 7 Gardens Tract No. 2345; thence, Southerly, along said Northerly prolongation and said West line to the centerline of 5th Street; thence East, along said 8 centerline, to the centerline of Pedley Road; thence South, along said centerline, to the centerline of Monterey Street; thence West, along said 9 centerline to a line that is 260 feet westerly of , and parallel with the East line of Lot 15, Block 44 of said Rancho San Bernardino; thence 10 Northerly, along said parallel line, to the centerline of 5th Street; thence West along said centerline of 5th Street, to the Southerly prolongation of 11 the East line of the San Bernardino County Flood Control; thence North, along said Southerly prolongation and said East line and its northerly 12 prolongation, to the centerline of said 6th Street; thence East, along said centerline to an angle point on the corporate City limit line of the City of 13 San Bernardino; thence, East, along said Corporate City limit line, and 14 following its various courses and distances, to the Point of Beginning. 15 24.36 Acres M/L 16 17 18 19 20 21 22 F ci 23 f �i. ` ss;, 24 25 26 27 28 04-30-93 Exhibit "A"