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HomeMy WebLinkAbout18- Public Works ORIGINAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Robert G. Eisenbeisz Subject: Resolution repealing Resolution Nos. City Engineer 2006-247 and 2006-348, and amending Resolution No. 2009-372, relative to a reorganization Dept: Public Works consisting of the annexation of portions of six islands of unincorporated territory, generally lying Date: September 2,2010 north of Pacific Street, east of Valencia Avenue , south of Piedmont Drive, and west of Victoria Avenue, known as Annexation No. 361. File No. 12.01-350 MCC Date: 09/07/2010 Synopsis of Previous Council Action: 07/10/2006-Resolution No. 2006-247 was adopted,making application to LAFCO for a reorganization consisting of the annexation of portions of 6 areas of unincorporated territory. 10/02/2006-Resolution No. 2006-348 was adopted declaring the intention to file applications for the remaining 5 various County islands. 12/07/2009- Resolution No. 2009-372 was adopted amending the boundaries of the Second Ward and the Fourth Ward to include Arrowhead Springs area and portions of 6 islands. Recommended Motion: Adopt Resolution Robert G. Eisenbeisz Contact person: LASZLO"Les"FOGASSY Phone: 5026 Supporting data attached: Staff Report, Map, Ward: 2,4,& 7 Resolution, FUNDING REQUIREMENTS: Amount: None Source: (Acct. No.) N/A (Acct. Description) Finance: Council Notes: SO ZolO -30Z Agenda Item No. Ik X-0-7-2,010 /*P�gF /a✓oef CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Resolution repealing Resolution Nos. 2006-247 and 2006-348, and amending Resolution No. 2009-372, relative to a reorganization consisting of the annexation of portions of six islands of unincorporated territory, generally lying north of Pacific Street, east of Valencia Avenue , south of Piedmont Drive, and west of Victoria Avenue, known as Annexation No. 361. BACKGROUND: On February 21, 2006, the Mayor and Common Council authorized the filing of an application for annexation with the Local Agency Formation Commission (LAFCO) for the Arrowhead Springs area. LAFCO staff indicated that a condition of approval for this annexation would be that the City initiate and complete the annexation of portions of various islands pursuant to Government Code Section 56375.3, which allows annexations of substantially surrounded unincorporated islands of 150 acres or less without property owner or registered voter approval. Twelve islands were initially identified by LAFCO to meet the required criteria. One of these (Annexation No. 358 - Del Rosa Avenue and Date Street area) was already in the process of being annexed, thus 11 remained. On July 10, 2006, Resolution No. 2006-247 (Attachment "A", without exhibits) was adopted, making application to LAFCO for 6 of the 11 islands, and on October 2, 2006, Resolution No. 2006-348 (Attachment `B") was adopted, declaring the City's intention to file an application for annexation of the 2 of the remaining 5 islands by January, 2007, and the remaining 3 by January, 2008. A vicinity map depicting the 6 islands that were annexed, are shown on Attachment"C"; the remaining 5 islands are shown on Attachment"D". After several years of continuances of the Arrowhead Springs annexation due to the issue of the delivery of water services, that annexation was approved by LAFCO in November, 2009. The 6 islands submitted for consideration as a condition by LAFCO for the Arrowhead Springs area annexation, were also approved BY LAFCO and the Certificates of Completion were recorded with the County Recorder on February 22, 2010, and are shown on the attached vicinity map. Several days after completion of the annexation of the 6 islands, Susan Hulse, a resident in one of the islands, filed a lawsuit against LAFCO and the City to challenge the validity of the 6 island annexations (Hulse v. LAFCO/City of San Bernardino, San Bernardino County Superior Court Case No. CIVDS 1002077). A preliminary injunction was imposed against LAFCO and the City, preventing the mailing of notices to the residents/property owners; preventing the changing of addresses to City addresses; and preventing the provision of refuse services by the City to the annexed islands (but not other public services). Due to the ongoing lawsuit, and in the interest of eliminating the resulting confusion regarding the delivery of public services,the City and the County agreed, as an interim step, to transfer all public services back to the County, pending the outcome of the lawsuit. The Agreement was approved by the City on May 6, 2010 and after the County's approval on May 11, 2010, the transfer of services became effective on May 21, 2010. On August 13, 2010, a Stipulated Judgment was approved by the San Bernardino County Superior Court. The Judgment requires LAFCO to file Certificates of Completion for the 6 islands, transferring jurisdiction of the islands and delivery of services back to the County and special districts of the County as they existed prior to the approval of the annexation in February, 2010. The Judgment also requires the City to repeal the resolution making application for the annexation of the 6 islands (Resolution No. 2006-247), and the resolution declaring the intention of the City to apply for the annexation of the remaining 5 islands ( Resolution No. 2006-348). Under the Judgment, LAFCO will provide notices to the residents and/or property owners, utility companies and other agencies regarding the reversal of the annexation. The attached resolution repeals Resolution No. 2006-247 and Resolution No. 2006-348. In addition , Resolution No. 2009-372, adopted by the Mayor and Common Council on December 7, 2009, which amended the boundaries of the Second Ward and Fourth Ward to include the annexation of the Arrowhead Springs area and the above-referenced 6 islands, must be amended to delete all referenced to the annexation of the 6 islands(Annexation No. 361). Due to the lawsuit and subsequent Agreement with the County to keep the services with the County, no additional amounts for these islands were budgeted each of the last two fiscal years. However, if the annexation of these islands were not reversed, the City would have incurred estimated costs of approximately$300,000 per year(Plan For Services LAFCO 3067 A-F). FINANCIAL IMPACT: None. RECOMMENDATION: Adopt Resolution. Attachments: A. Resolution No. 2006-247 (without exhibits). B. Resolution No. 2006-348. C. Vicinity Map depicting 6 islands annexed and being reversed. D. Map depicting location of remaining 5 islands to have been annexed in 2007 and 2008. ATTACHMENT "A" RESOLUTION No. 2006-247 (w/o exhibits) 2 RESOLUTION NO. 2006-247 3 RESOLUTION OF THE CITY OF SAN BERNARDINO MAKING APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION OF THE COUNTY OF SAN 4 BERNARDINO FOR A REORGANIZATION CONSISTING OF ANNEXATION TO THE 5 CITY OF SAN BERNARDINO OF 6 AREAS OF UNINCORPORATED TERRITORIES, GENERALLY LYING NORTH OF PACIFIC STREET,EAST OF VALENCIA AVENUE, 6 SOUTH OF PIEDMONT DRIVE AND WEST OF VICTORIA AVENUE,TO BE KNOWN AS ANNEXATION NO.361. 7 8 WHEREAS, the City of San Bernardino desires to initiate proceedings pursuant to 9 Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000(Section 56000 et. Seq. 10 of the Government Code) for reorganization consisting of the annexation of 6 areas of 11 unincorporated territories generally lying north of Pacific Street, east of Valencia Avenue, south 12 of Piedmont Drive and west of Victoria Avenue, more specifically shown on the attached maps as 13 14 Exhibit"A" attached hereto and made a part hereof and as described in Exhibit"B" attached hereto 15 and made a part hereof; and 16 WHEREAS, said reorganization is to include annexation of said areas to the City of San 17 Bernardino and detachment from certain County of San Bernardino Service Areas; and 18 WHEREAS, the areas proposed to be annexed are consistent with the Sphere of Influence 19 20 of the City of San Bernardino; and 21 WHEREAS, the reason for this proposed reorganization is the reduction of the areas of 22 certain unincorporated islands, total reduction consisting of 94 acres,more or less, within the City 23 of San Bernardino's Sphere of Influence pursuant to Section 56375.3 of the Government Code; and 24 WHEREAS,pursuant to Government Code Section 56375.3,the proposed reorganization 25 may be completed without a protest hearing, subject to the conditions as set forth therein; and 26 27 WHEREAS,proceedings pursuant to said Government Code Section 56375.3 are subject 28 to a completion date of January 1, 2007; and 07/07/06 1 i i i 1 RESOLUTION MAKING APPLICATION TO LAFCO FOR REORGANIZATION CONSISTING OF ANNEXATION TO THE CITY OF SAN BERNARDINO OF 6 AREAS OF UNINCORPORATED 2 TERRITORIES,GENERALLY LYING NORTH OF PACIFIC STREET,EAST OF VALENCIA AVENUE,SOUTH OF PIEDMONT DRIVE AND WEST OF VICTORIA AVENUE,TO BE KNOWN AS 3 ANNEXATION NO.361. 4 WHEREAS, subject to passage of Assembly Bill 2223 by the State of California, said 5 6 completion day may be extended to January 1, 2014. 7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 8 SAN BERNARDINO AS FOLLOWS: 9 SECTION 1. Application is hereby made to the Local Agency Formation Commission 10 of the County of San Bernardino to initiate proceedings for the reorganization consisting of the 11 annexation of 6 areas of unincorporated territories generally lying north of Pacific Street,east of 12 13 Valencia Avenue, south of Piedmont Drive and west of Victoria Avenue,more specifically shown 14 and described in said Exhibit "A" and Exhibit "B", to be known as Annexation No. 361. 15 SECTION 2. The Mayor of the City of San Bernardino is hereby directed and authorized 16 to execute,on behalf of said City,thejustification for proposal, a copy of which is attached hereto 17 as Exhibit "C"and made a part hereof, and supplemental form,a copy of which is attached hereto 18 19 as "Exhibit "D" and made a part hereof. 20 SECTION 3.No special conditions shall be required or imposed on the property owners 21 or residents of the areas proposed to be annexed under this proposal other than what is normal and 22 customary of annexations into the City of San Bernardino, except that these areas will not be 23 assessed the City's Utility User's Tax. 24 25 SECTION 4.The City of San Bernardino will assume all revenues now collected by the 26 County of San Bernardino pursuant to County Service Area(CSA) 38 L for paramedic services. 27 SECTION 5. The City of San Bernardino uses the San Bernardino County Assessor's 28 Property Tax Rolls for collections of its portion of property taxes,special taxes and assessments. 07/07/06 2 i 1 RESOLUTION MAKING APPLICATION TO LAFCO FOR REORGANIZATION CONSISTING OF ANNEXATION TO THE CITY OF SAN BERNARDINO OF 6 AREAS OF UNINCORPORATED .2 TERRITORIES,GENERALLY LYING NORTH OF PACIFIC STREET,EAST OF VALENCIA AVENUE,SOUTH OF PIEDMONT DRIVE AND WEST OF VICTORIA AVENUE,TO BE KNOWN AS 3 ANNEXATION NO.361. 4 SECTION 6. Subject to passage of Assembly Bill 2223 by the State of California 5 extending the completion date of proceedings under said Government Code Section 56375.3 to 6 7 January 1, 2014, the City of San Bernardino shall initiate proceedings for annexation of other 8 islands of unincorporated territory within its sphere of influence,or portions thereof, and subject 9 to conditions and qualifications as set forth therein, to be completed prior to the proposed 10 extended completion date of January 1, 2014, or as otherwise may be authorized therein. 11 SECTION 7. The City Clerk of the City of San Bernardino is hereby authorized and 12 13 directed to file, or cause to be filed, a certified copy of this Resolution with the Executive Officer 14 of the Local Agency Formation Commission of the County of San Bernardino. 15 SECTION 8. The Director of Development Services is hereby authorized and directed 16 to prepare and deliver,or cause to be prepared and delivered to the Executive Officer of the Local 17 Agency Formation Commission, all documents and maps necessary for the completion of said 18 Annexation No. 361. 19 20 21 22 23 24 25 26 27 28 07/07/06 3 1 RESOLUTION MAKING APPLICATION TO LAFCO FOR REORGANIZATION CONSISTING OF ANNEXATION TO THE CITY OF SAN BERNARDINO OF 6 AREAS OF UNINCORPORATED 2 TERRITORIES,GENERALLY LYING NORTH OF PACIFIC STREET,EAST OF VALENCIA AVENUE,SOUTH OF PIEDMONT DRIVE AND WEST OF VICTORIA AVENUE,TO BE KNOWN AS 3 ANNEXATION NO.361. 4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a joint regular meeting thereof 6 7 held on the loth day of July , 20 06 ,by the following vote,to-wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 ESTRADA x 10 BAXTER x _ 11 MCGINNIS x 12 13 DERRY X 14 KELLEY x 15 JOHNSON x 16 MCCAMMACK x 17 18 19 Cit Clerk 20 The foregoing resolution is hereby approved this day of July 20 06 21 22 PAT rSanjEemardtino'RS ar 23 24 Approved as to form: 25 ofec/'n. /. "j. — r.. 4..'1 c.." j.r6?0-. s(4,04W 26 JAMES F. PENMAN, �}1_0 City Attorney 27 28 07/07/06 4 ATTACHMENT "B" RESOLUTION No. 2006-348 r 1 RESOLUTION NO. 2006-368 2 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO OF INTENTION TO MAKE APPLICATION TO THE LOCAL 4 AGENCY FORMATION COMMISSION FOR ANNEXATION OF VARIOUS COUNTY ISLANDS 5 WHEREAS, Assembly Bill 1555 allows the annexation of unincorporated territory of 6 150 acres or less without the need to obtain property owner or registered voter approval; and 7 WHEREAS, Assembly Bill 2223 was recently signed into law and extends the 8 provisions of AB 1555 to annex such areas to January 1, 2014,and 9 WHEREAS, in May of 2005, the Local Agency Formation Commission (LAFCO) identified several areas of unincorporated territory within the City of San Bernardino's Sphere 10 of Influence that qualify for annexation under AB 1555; and 11 WHEREAS in January, 2006, the Mayor and Council approved the submission of an 12 application to LAFCO for the Del Rosa area annexation(Annexation No. 359); and 13 WHEREAS, in July of 2006, the Mayor and Council approved the submission an 14 application to LAFCO for six additional areas(Annexation No. 361); and 15 WHEREAS, the Mayor and Common Council are committed to annexing five additional unincorporated areas within the City's Sphere of Influence. 16 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 17 CITY OF SAN BERNARDINO AS FOLLOWS: 18 SECTION 1. The City of San Bernardino will make an application to LAFCO no later 19 than January 2007 for the annexation of two areas defined as areas one (1) and six (6) on the 20 21 attached map marked Exhibit"A", and is incorporated herein. 22 SECTION 2. The City of San Bernardino will make an application to LAFCO no later 23 than January 2008 for the annexation of three areas defined as areas two (2), seven (7), and 24 eight(8) on the attached map marked Exhibit"A", and is incorporated herein. 25 /// 26 27 28 r 2006-348 RESOLUTION...OF INTENTION TO MAKE APPLICATION TO THE LOCAL 1 AGENCY FORMATION COMMISSION FOR ANNEXATION OF VARIOUS COUNTY ISLANDS' 2 3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 4 and Common Council of the City of San Bernardino at aJ t, regular thereof,held on the 5 2nd day of October , 2006, by the following vote, to wit: 6 Council Members: AYES NAYS ABSTAIN ABSENT 7 8 ESTRADA x 9 BAXTER x 10 VACANT 11 DERRY x 12 KELLEY x 13 . JOHNSON � d 14 15 MCCAMMACK x 16 f7 City Clerk 18 The foregoing resolution is hereby approved this day of october 2006. 19 20 21 • 'ck orris,Mayor City of San Bernardino 22 Approved as to Form: 23 JAMES F. PENMAN, 24 City A ttomey 25 By 26 27 28 i (.. ..qivlN c _.. 2006-348 danema "EXHIBIT A" ..6Y9gA GEOAR ' fl __ IAWNE UWREt l tiJ __ IJAkHtSnN FNAP�S(Ra. VI9H ISON nom. S DE REY JEL 'Y I'_ -'NEW'POPY i E SAM' ) > P-AW y = A IM PM 5 } N' _ b CO PJ .a YS n V F WJU4 J FAIHFAB : FAX V 1 O aYu Ap µ "I .IIpR J : MOUNTPoN b+ V. TN E A LIA - CAMNA i.pllG bOli31 YN � 5 iAliR G HK > O � w vnNN 0 ELMW L In O V U DEL RONA IROM1VgOU UI K 0 RONW I a5 0 . 1 1 i euN � EFi[H$� 1 n � NNIE [LIAtf J a,R aaa�m` SZ s O 2 ELL t %, 5 R IN TE (� t �� 1 MANAN 1 I RUuEH9 HOGER5 z i T A rP A 41CK Nl Y MCKI E 1N /O F O9 PVU BEY 1... 1.0 1. NW:L n a u a. aim a. AR EN Q 5'A T 1 STANTON F I PANI C!X'A N 1N m Y mnn 0 6U" tNYTN Yj EU::n1YViu5 V PEAE ELYEUERE 8l"'S a RU \HI AR Rw PIXK pa O � IfFORp p y 'ISp a � L E f12 m' i i i ATTACHMENT "C" i VICINITY MAP DEPICTING THE LOCATION OF THE 6 ISLAND ANNEXATIONS BEING REVERSED i 1 i i I i }Q w CAL-STATE UNIVERSITY 18 15 No Scale s AREA 40th St. 330 Q, 6• < AREA AREA Marshall Blvd. to 0 o Highland AVG. AREA o AREA 5 in o E Pacific S . `o Base Line St. ;' o AREA6 9th St < 5th St. ` `u Rialto Ave. < Mill St i 15. v 0 c a a 2lo w O Orange Show Rd. 0 VICINITY MAP CITY OF SAN BERNARDINO AREAS OF ANNEXATION (ANNEXATION DEVELOPMENT SERVICES DEPARTMENT NO.360, LAFCO 3067A—F) TO BE REAL PROPERTY SECTION DE—ANNEXED FROM THE CITY ® indicates un—incorporated areas within City's Sphere of Influence (Rev. August, 2010) Created by: Laszlo rogas5y Date: oa-f�-)o ATTACHMENT"D" VICINITY MAP DEPICTING THE LOCATION OF THE 5 REMAINING ISLANDS vnN vE*A n PER RESOLUTION 2006-348,APPLICATIONS FOR ANNEXATION WERE TO HAVE BEEN °Bn CEDAR MADE AS FOLLOWS: 2007-AREAS 1 AND 6, 2008- AREAS 2,7,AND 8 )LL REY R mvR IAPoFE E tl 4:ALAMTCA A r"DER A s - O -._ MifiTTro - M r F I NN • INK } M _ -I INiAI MOUNtAIN SANCTKZ C 4 CA E1 • I � � � Ou31'JYN /i frRN K R HI • � NV >r h R ELMWOOD • w _._.. n a • rA In �� � 'D v / r IRONWOOD � � 6 w IA ± CHI UI A OsBuR NNIF DVE M L ' • • YIf TO _ AL! -' SUCRNHMN f Rx£R Y u TH Ie v f! s H A • / M NI M.NI LE Y K Q..aKAKXl ( fl I , i 'rJ4 C €N RA SIA 1 -Ni N 00 yC pIFAW O WAIT _ p --=�L BCE nu. =':Fu:ALYPtus R EIVEDERe vn+F rr r 1 i q YIt1E._ m YA IA x P b I KfpRD� > fA y • q F ♦ b� Y__..Y COPY 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO REPEALING 3 RESOLUTION NO. 2006-247 AND RESOLUTION NO. 2006-348, AND AMENDING RESOLUTION NO. 2009-372 RELATIVE TO CERTAIN ISLAND ANNEXATIONS 4 GENERALLY LYING NORTH OF PACIFIC STREET, EAST OF VALENCIA 5 AVENUE, SOUTH OF PIEDMONT DRIVE AND WEST OF VICTORIA AVENUE. 6 WHEREAS, as a condition of approval required by the Local Agency Formation 7 Commission ("LAFCO") for the annexation to the City of San Bernardino of the 8 unincorporated area generally known as Arrowhead Springs Area Annexation No. 360 (LAFCO 9 10 3050), on July 10, 2006, the Mayor and Common Council of the City adopted Resolution No. 11 2006-247, entitled: 12 "RESOLUTION OF THE CITY OF SAN BERNARDINO MAKING APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION OF THE 13 COUNTY OF SAN BERNARDINO FOR A REORGANIZATION CONSISTING OF 14 ANNEXATION TO THE CITY OF SAN BERNARDINO OF 6 AREAS OF UNINCORPORATED TERRITORIES, GENERALLY LYING NORTH OF PACIFIC 15 STREET, EAST OF VALENCIA AVENUE, SOUTH OF PIEDMONT DRIVE AND WEST OF VICTORIA AVENUE, TO BE KNOWN AS ANNEXATION NO. 361." 16 17 and; WHEREAS, as further required by said condition of approval imposed by LAFCO for 18 the Arrowhead Springs Area Annexation, on October 2, 2006, the Mayor and Common Council 19 20 of the City adopted Resolution No. 2006-348, entitled: 21 "RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO OF INTENTION TO MAKE APPLICATION TO THE LOCAL 22 AGENCY FORMATION COMMISSION FOR ANNEXATION OF VARIOUS COUNTY ISLANDS." 23 24 and; 25 WHEREAS, the annexation of those certain islands of un-incorporated territory as 26 identified in Resolution No. 2006-247, and known as LAFCO 3067 A-F, was approved by 27 LAFCO and completed on February 22, 2010 by the recording of Certificates of Completion; 28 and --1-1 ` Ca _ —1 _ t "-. 1 RESOLUTION OF THE CITY OF SAN $ERNARDINO REPEALING RESOLUTION NO. 2906-247 AND RESOLUTION NO. 2006-348, AND AMENDING RESOLUTION NO. 2009-372 RELATIVE TO CERTAIN 2 ISLAND ANNEXATIONS GENERALLY LYING NORTH OF PACIFIC STREET, EAST OF VALENCIA AVENUE,SOUTH OF PIEDMONT DRIVE AND WEST OF VICTORIA AVENUE. 3 4 WHEREAS, a civil lawsuit was filed by Susan Hulse, a resident in one of the affected 5 island areas, in San Bernardino County Superior Court, Case No. CIVDS 1002077, against 6 LAFCO to invalidate said island annexations; and 7 WHEREAS, the City of San Bernardino was named as one of the defendants in the 8 9 above-referenced case; and 10 WHEREAS, on August 13, 2010, a Stipulation for Entry of Judgment ("Judgment") was 11 approved and ordered by the Court in the above-referenced case (copy attached and 12 incorporated herein as Exhibit"A"); and 13 WHEREAS, one of the conditions set forth in said Judgment was that the City repeal 14 Resolution No. 2006-247 and Resolution No. 2006-348. 15 16 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 17 SECTION 1. That Resolution No. 2006-247, adopted by the Mayor and Common 18 19 Council on July 10, 2006, is hereby repealed. 20 SECTION 2. That Resolution No. 2006-348, adopted by the Mayor and Common 21 Council on October 2, 2006, is hereby repealed. 22 SECTION 3. That Resolution No. 2009-372 (copy attached and incorporated herein as 23 Exhibit`B"), adopted by the Mayor and Common Council on December 7, 2009, entitled: 24 "RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING THE 25 BOUNDARIES OF THE SECOND WARD AND THE FOURTH WARD TO INCLUDE 26 CERTAIN AREAS ANNEXED WITHIN CITY OF SAN BERNARDINO ANNEXATION NO.360, ARROWHEAD SPRINGS AREA, AND ANNEXATION NO. 361, PORTIONS OF VARIOUS 27 ISLANDS GENERALLY LYING NORTH OF PACIFIC STREET, EAST OF VALENCIA AVENUE,SOUTH OF PIEDMONT DRIVE AND WEST OF VICTORIA AVENUE." 28 1 RESOLUTION QF THE CITY OF SAN BJERNARDINO REPEALING RESOLUTION NO. 2096-247 AND RESOLUTION NO. 2006-348, AND AMENDING RESOLUTION NO. 2009-372 RELATIVE TO CERTAIN 2 ISLAND ANNEXATIONS GENERALLY LYING NORTH OF PACIFIC STREET, EAST OF VALENCIA AVENUE,SOUTH OF PIEDMONT DRIVE AND WEST OF VICTORIA AVENUE. 3 4 is hereby amended to delete all references to Annexation No. 361 (LAFCO 3067-A through F), the 5 annexation of 6 areas of unincorporated territories generally lying north of Pacific Street, east of 6 Valencia Avenue, south of Piedmont Drive and west of Victoria Avenue 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 © ,1 RESOLUTION OF TJIE CITY OF SAN BERNARDINO REPEALING RESOLUTION NO. 2006-247 AND RESOLUTION NO. 2006-348,AND AMENDING RESOLUTION NO.2009-372 RELATIVE TO CERTAIN 2 ISLAND ANNEXATIONS GENERALLY LYING NORTH OF PACIFIC STREET, EAST OF VALENCIA AVENUE,SOUTH OF PIEDMONT DRIVE AND WEST OF VICTORIA AVENUE. 3 4 5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a meeting thereof 7 held on the day of 20 , by the following vote, to 8 9 wit: 10 Council Members: AYES NAYS ABSTAIN ABSENT 11 MARQUEZ 12 DESJARDINS 13 BRINKER 14 SHORETT 15 16 KELLEY 17 JOHNSON 18 MCCAMMACK 19 20 City Clerk 21 The foregoing resolution is hereby approved this day of 20 23 24 PATRICK J. MORRIS, Mayor 25 City of San Bernardino �,,.. 26 App ved as to form: 27 2$ J OES F. PENMAN, City Attomey p ® Py EXMIT "A" I SHEPPARD,MULLIN, RICHTER& HAMPTON LLP A Limited Liability Partnership 2 Including Professional Corporations SEAN P. O'CONNOR, Cal. Bar No. 155940 FILED-Central District 3 MARGUERITE P.BATTERSBY,Cal.Bar No. 115422 SAN BEPNA ON O URT Y DANIEL P. BANE,Cal. Bar No. 251144 4 650 Town Center Drive, 4th Floor AUG 13 2410 Costa Mesa,California 92626-1993 5 Telephone: 714-513-5100 Facsimile: 714-513-5130 9Yt� L 6 Deputy Attorneys for Plaintiff,Susan Hulse 7 8 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 FOR THE COUNTY OF SAN BERNARDINO 11 12 SUSAN HULSE,an Individual Case No.: CLADS 1002077 13 (CEQA) Plaintiff, 14 V. Assigned for all purposes to: Hon. Judge Donald R. Alvarez 15 ALL PERSONS INTERESTED IN THE Dept. S36 MATTER OF LOCAL AGENCY 16 FORMATION COMMISSION FOR SAN STIPULATION FOR ENTRY OF BERNARDINO COUNTY("LAFCO")3067 JUDGMENT; [PROPOSED) ORDER AND 17 A-F(RESOLUTION NOS.3071 (LAFCO JUDGMENT THEREON 3067A)t 3072(LAFCO 3067B); 3073 (LAFCO 18 3067C); 3074(LAFCO 3067D); 3075(LAFCO Complaint Filed: February 25, 2010 3067E); and 3076(LAFCO 3067F) 19 APPROVED ON NOVEMBER 18, 2009, WITH RECONSIDERATION DENIED ON 20 FEBRUARY 17, 2010; SAN BERNARDINO COUNTY LOCAL AGENCY FORMATION 21 COMMISSION; CITY OF SAN BERNARDINO; and DOES 1-100,inclusive, 22 Defendants. 23 24 25 It is hereby stipulated,by and between Plaintiff SUSAN HULSE("Plaintiff')and 26 Defendants LOCAL AGENCY FORMATION COMMISSION FOR SAN BERNARDINO 27 COUNTY("LAFCO")and CITY OF SAN BERNARDINO("City"),as follows: 28 I wa2-wE5T91)Pa11402843387.3 STIPULATION FOR ENTRY OF JUDGMENT; [PROPOSED]ORDER AND JUDGMENT THEREON I RECITALS 2 WHEREAS,on or about November 18, 2009,LAFCO considered and approved San 3 Bernardino Annexation No. 361/LAFCO 3067A-F (LAFCO Resolution Nos. 3071-3076) 4 (hereinafter, the`Island Annexations"); 5 WHEREAS,on or about November 19, 2009, LAFCO filed Notices of Exemption 6 regarding the Island Annexations with the Clerk of the Board of Supervisors of San Bernardino 7 County; 8 WHEREAS, on or about December 17, 2009,Plaintiff Susan Hulse("Plaintiff') filed one 9 or more requests for reconsideration with LAFCO, pursuant to Government Code Section 56895, 10 seeking reconsideration of the Island Annexations; 11 WHEREAS,on or about February 17, 2010, LAFCO denied Plaintiff s requests for 12 reconsideration regarding the Island Annexations; 13 WHEREAS, on or about February 22,2010, LAFCO executed and recorded Certificates of 14 Completion for the Island Annexations; 15 WHEREAS, upon the recordation of the Certificates of Completion, the Island 16 Annexations were deemed to be completed and in existence; 17 WHEREAS,on February 25, 2010, Plaintiff filed and served her Complaint to Invalidate 18 Unlawful Island Annexations Approved Pursuant to Government Code Section 56375.3; for 19 Violations of the California Environmental Quality Act("CEQA"); and for Declaratory and 20 Injunctive Relief, which complaint was brought pursuant to Code of Civil Procedure Sections 800 21 et seq. as a "reverse validation" action (hereinafter,the"Action"); 22 WHEREAS,to date, no interested parties have answered or otherwise intervened in the 23 Action; 24 WHEREAS,on or about April 6, 2010, Plaintiff filed and served her First Amended 25 Complaint to Invalidate Unlawful Island Annexations Approved Pursuant to Government Code 26 Section 56375.3, for Violations of CEQA, and for Declaratory and Injunctive Relief (hereinafter, 27 "Complaint"); 28 W02-WEST:31)1`13 I\402843387.3 STIPULATION FOR ENTRY OF JUDGMENT; [PROPOSED]ORDER AND JUDGMENT THEREON I WHEREAS,Plaintiffs Complaint alleges that the Island Annexations were unlawfully 2 approved,pursuant to Government Code Section 56375.3 and CEQA;and Defendant LAFCO 3 disputes these allegations; and 4 WHEREAS,the patties enter into this Stipulated Judgment for the purpose of avoiding any 5 additional costs of litigation, and without any admission of wrongdoing or violation of law; 6 AGREEMENT 7 Based on the Recitals set forth above,which are incorporated herein,and in consideration 8 therefore,the parties agree that a Stipulated Judgment in the form and manner set forth below(see i 9 Exhibit"A"to the attached Order and Judgment) shall be submitted to and may be made and � 10 entered by the Court with respect to the rights and obligations of the parties to this Stipulated ' 11 Judgment. 12 DATED: August-5—,2010 13 LOCAL AGENCY FORMATION COMMISSION FOR SAN BERNARDINO 14 COUNTY 15 16 BY _ Ka Teen R Uings- cDonald 17 Executive Officer lA APPROVED AS TO FORM: 19 20 RUTAN P t 21 By: 22 Ma ustin q. Special Counsel to the LAFCO,Defendant 23 24 25 26 27 7$ W02•WFST:3DPa 1W02843387.3 571P[JL.ATION FOR ENTRY OF JUDGMENT, [PROPOSEU]ORDER AND JUDGMENT THEREON 1 WHEREAS,Plaintiffs Complaint alleges that the Island Annexations were unlawfully 2 approved,pursuant to Government Code Section 56375.3 and CEQA;and Defendant LAFCO 3 disputes these allegations; and 4 WHEREAS,the parties enter into this Stipulated Judgment for the purpose of avoiding any 5 additional costs of litigation, and without any admission of wrongdoing or violation of law; 6 AGREEMENT 7 Based on the Recitals set forth above,which are incorporated herein,and in consideration 8 therefore, the parties agree that a Stipulated Judgment in the form and manner set forth below(see 9 Exhibit"A" to the attached Order and Judgment) shall be submitted to and may be made and 10 entered by the Court with respect to the rights and obligations of the parties to this Stipulated 11 Judgment. 12 DATED: Augusts,2010 13 LOCAL AGENCY FORMATION 14 COMMISSION FOR SAN BERNARDINO COUNTY 15 16 By 17 Ka teen R lungs- cDonald Executive Officer 18 APPROVED AS TO FORM: 19 20 RUTAN&TUCKER,LLP 21 By: 22 Mark Austin, Esq. 23 Special Counsel to the LAFCO, Defendant 24 25 26 27 28 W02-wESTOOPSIVA 2B43a873 STIPULATION FOR ENTRY OF 1UDGINENT; [PROPOSED]ORDER AND JUDGMENT TFJEREON I DATED: August 12.2010 2 CITY OF SAN BERNARDINO 3 4 B 5 1... Pa ick J. ! orris, Mayor 6 APPROVED AS TO FORM: 7 JAMES F. PENMAN,CITY ATTORNEY 8 10 Henry Empefio,Jr.,Senior Deputy/ City Attorney for the City of 11 San Bernardino,Defendant 12 13 DATED: Augusta,2010 . © 14 SUSAN HULSE 15 3 16 By /19Yrr? '. .'-�7"u �. SUSAN LSE,`Plaintiff 17 APPROVED AS TO FORM: 18 19 SHEPPARD MULLIN RICHTER &HAMPTON,LLP 20 By: 21 Marguet to P.Battersby,Esq. Daniel P.Bane,Esq. 22 Attorneys for Susan Hulse,Plainti 23 24 25 26 27 V 28 -4- W02-WEST3DPB1W02843387.3 STIPULATION FOR ENTRY OF JUDGMENT; [PROPOSED]ORDER AND JUDGMENT THEREON 1 [PROPOSEDI ORDER AND JUDGMENT 2 3 Based on the foregoing Recitals,and the attached Stipulated Judgment(Exhibit"A"), and 4 with good cause appearing therefore: 5 IT IS HEREBY ORDERED,ADJUDGED,AND DECREED that judgment in this 6 matter shall be entered in accordance with the Stipulated Judgment, attached hereto as Exhibit "A" 7 and incorporated herein in full. 8 IT IS FURTHER ORDERED,ADJUDGED, AND DECREED that this Court shall 9 retain jurisdiction over this matter until such time as the Island Annexations (LAFCO 3067A-F) 1.0 have been detached from the City of San Bernardino, and payment in full has been made to I 1 Plaintiff, as set forth in the Stipulated Judgment. 12 IT IS SO ORDERED,ADJUDGED,AND DECREED. 13 DATED: AUG IS o_1 32010 -N 14 15 Donald R. Alvam<Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 5 W02-WEST:3DPB 1402843387.3 STIPULATION FOR ENTRY OF JUDGMENT; [PROPOSED] ORDER AND JUDGMENT TBEREON I EXHIBIT "A" 2 STIPULATED JUDGMENT 3 1. Promptly upon entry of this Stipulated Judgment by the Court, the San Bernardino 4 Local Agency Formation Commission ("LAFCO") shall take the following actions to effect the 5 rescission of LAFCO Resolution Nos. 3071 (LAFCO 3067A), 3072(LAFCO 3067B), 3073 6 (LAFCO 3067C), 3074 (LAFCO 3067D), 3075 (LAFCO 3067E), and 3076(LAFCO 3067F) 7 (collectively, the"Resolutions") approving the annexation of six(6)unincorporated San 8 Bernardino County islands pursuant to Government Code § 56375.3 ("Section 56375.3") 9 (collectively,the "Island Annexations"): 1.0 A. The Certificates of Completion for the Island Annexations, issued by the 11 LAFCO Executive Officer on February 22, 2010, and recorded that same day as document 12 numbers 2010-0067724, 2010-0067725, 2010-0067726, 2010-0067727,2010-0067728, and 2010- 13 0067729, shall be effectively rescinded by the LAFCO Executive Officers recordation, at 14 LAFCO's expense, of six (6) new certificates of completion confirming the restoration of the 15 status quo ante the Island Annexations. LAFCO shall exercise its best efforts to record the new 16 certificates of completion not later than four(4)calendar days following Court approval of this 17 Stipulated Judgment. 18 B. The new certificates of completion shall reflect the following actions 1.9 regarding the Island Annexations: 20 21 Area Aeencv And Action Taken 22 LAFCO 3067A City of San Bernardino—Detached From 23 San Bernardino County Fire Protection District(SBCFPD)—Annexed to 24 SBCFPD Valley Service Zone—Annexed to 25 SBCFPD Service Zone PM-2-Annexed to 26 County Service Area 70—Annexed to 27 County Service Area SL-1 —Annexed to 28 -6- W02-W EST:3DPB 1W2843387.3 STIPULATION FOR ENTRY OF JUDGMENT; [PROPOSED]ORDER AND JUDGMENT THEREON If I LAFCO 3067B City of San Bernardino-Detached From 2 San Bernardino County Fire Protection District (SBCFPD)-Annexed to 3 SBCFPD Valley Service Zone-Annexed to 4 SBCFPD Service Zone PM-2-Annexed to 5 County Service Area 70 -Annexed to 6 County Service Area SL-I -Annexed to 7 LAFCO 3067C City of San Bernardino-Detached From 8 San Bernardino County Fire Protection District(SBCFPD)-Annexed to 9 SBCFPD Valley Service Zone-Annexed to 10 SBCFPD Service Zone PM-2-Annexed to 11 County Service Area 70-Annexed to 12 County Service Area SL-I -Annexed to 13 LAFCO 3067D City of San Bernardino-Detached From 14 San Bernardino County Fire Protection District(SBCFPD)-Annexed to 15 SBCFPD Valley Service Zone-Annexed to 16 SBCFPD Service Zone PM-2-Annexed to 17 County Service Area 70-Annexed to 18 County Service Area SL-1 -Annexed to 19 LAFCO 3067E City of San Bernardino-Detached From 20 San Bernardino County Fire Protection District(SBCFPD)-Annexed to 21 SBCFPD Valley Service Zone-Annexed to 22 SBCFPD Service Zone PM-2-Annexed to 23 County Service Area 70-Annexed to 24 County Service Area SL-1 -Annexed to 25 LAFCO 3067F City of San Bernardino-Detached From 26 San Bernardino County Fire Protection District(SBCFPD)-Annexed to 27 SBCFPD Valley Service Zone-Annexed to 28 -7- W02-W EST:3DPB I\402843387.3 STIPULATION FOR ENTRY OF JUDGMENT; [PROPOSED]ORDER AND JUDGMENT THEREON 1 SBCFPD Service Zone PM-2—Annexed to 2 County Service Area 70—Annexed to 3 County Service Area SL-1 —Annexed to 4 5 2. Upon the entry of this Stipulated Judgment by the Court and LAFCO's completion 6 of the actions set forth hereinabove, LAFCO shall promptly notify all affected public agencies, 7 and all property owners/residents in the affected areas through correspondence sent by regular 8 mail using a mailing list provided by the City, that the Island Annexations have been rescinded. 9 Additionally,LAFCO shall immediately notify the appropriate taxing authorities that any property 10 tax and subvention revenue designations affecting the San Bernardino County Fire Protection 11 District("SBCFPD"), SBCFPD Valley Service Zone, SBCFPD Service Zone PM-2,County 12 Service Area 70, and/or County Service Area SL-1, and any other affected agencies,made as a 13 result of the Island Annexations, must be returned to the status quo ante the Island Annexations. 14 3. The City of San Bernardino ("City") shall repeal City Resolution Nos. 2006-247 15 and 2006-348 at its next regularly scheduled meeting of the City Council following entry of this 16 Stipulated Judgment by the Court. All parties agree that the Arrowhead Springs Annexation was 17 not(and shall not be)conditioned on the annexation of the six (6) areas identified as LAFCO 18 3067A-F, or the five(5) additional areas referenced in City Resolution No. 2006-348. 19 4. The City shall not initiate any further island annexations pursuant to Section 20 56375.3 in which the area sought to be annexed comprises less than an entire unincorporated 21 island,unless and until the California Legislature substantially revises Section 56375.3 and/or the 22 Cortese-Knox-Hertzberg Act(Government Code Sections 56000 et seq.)(hereinafter, the 23 "LAFCO Act") specifically to allow such annexations. 24 5. Unless and until the California Legislature substantially revises Section 56375.3 25 and/or the LAFCO Act to allow annexations of territories that comprise less than an entire 26 unincorporated island, LAFCO agrees it shall not condition any annexations requested by the City 27 on the City's additional annexation of areas that comprise less than the entire unincorporated 28 island of which they are a part. In addition,LAFCO further agrees that it will not withhold 8- W02-W EST:3oPe lwo2sa33tl7.3 STIPULATION FOR ENTRY OF JUDGMENT; [PROPOSED]ORDER AND JUDGMENT THEREON I approval of annexations requested by the City because island annexations of less than an entire 2 unincorporated island cannot be so conditioned. 3 6. Any"interested persons," as that term is used in Code of Civil Procedure §§ 860 et 4 seq.,failing to timely respond to the Complaint,are in default,and this Stipulated Judgment may 5 be entered against them pursuant to Code of Civil Procedure Section 585, subdivision (c). 6 7. LAFCO and the City shall, within ten (10) calendar days following receipt of 7 notice that the Court has approved and signed this Stipulated Judgment, reimburse Plaintiff's 8 attorneys' fees and costs of litigation in this matter as follows: 9 A. The City shall be liable to Plaintiff for, and shall reimburse Plaintiff for, 10 $66,667.00, and no more;and 11 B. LAFCO shall be liable to Plaintiff for, and shall reimburse Plaintiff for, 12 $33,333.00, and no more. 13 C. The foregoing amounts represent two separate liabilities for which the City 14 and LAFCO are not jointly or severally liable. Under no circumstances shall LAFCO be required 15 to pay the amount owed by the City, or the City be required to pay the amount owed by LAFCO. 16 8. Plaintiffs recovery of attorneys' fees and litigation costs in connection with this 17 Action are limited to the amounts set forth in Paragraph 7 above. Plaintiff shall not be entitled to 1.8 recover any further attorneys' fees and/or costs from either the City or LAFCO that relate in any 19 manner to the Action,the Resolutions, or the Island Annexations (including but not limited to fees 20 and costs incurred before the Action was initiated), except for the amounts set forth in Paragraph 7 21 above. Any party who is required to bring a post-judgment enforcement action on, or defend any 22 challenge to,this Stipulated Judgment may recover their fees and costs if they are the prevailing 23 party, as determined by the Court. 24 9. The City and LAFCO shall each pay their own respective attorneys' fees and costs 25 of litigation in this matter, including any fees and costs incurred in complying with this Stipulated 26 Judgment. Neither the City nor LAFCO shall seek reimbursement nor recovery from the other for 27 their attorneys' fees and/or costs of litigation in this matter: 28 -9- w02-WEST:3DPB 11402943387.3 STIPULATION FOR ENTRY OF JUDGMENT; [PROPOSED]ORDER AND JUDGMENT THEREON 1 10. The Court shall retain jurisdiction over this matter until such time as the Island 2 Annexations(LAFCO 3067A-F)have been detached from the City of San Bernardino and 3 payment in full has been made to Plaintiff, as set forth in this Stipulated Judgment. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 _I p_ W02-WEST:3DPB 11402843387.3 STIPULATION FOR ENTRY OF JUDGMENT; [PROPOSED]ORDER AND JUDGMENT THEREON 1 PROOF OF SERVICE 2 STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO 3 1 am employed in the County of San Bernardino, State of California. I am over the age of 18 and not a party to the within action; my business address is 300 No. "D" Street, Rm 668, San 4 Bernardino, California. 5 On August _L 5 ,2010,I served the foregoing document described as: STIPULATION FOR ENTRY OF JUDGMENT; [PROPOSED] ORDER AND JUDGMENT THEREON on 6 the persons set forth below as follows: 7 Marguerite P. Battersby, Esq,, Sheppard, Mullin, Richter&Hampton 8 650 Town Center Drive,4'Floor, Costa Mesa, CA 92626 9 714.513_5100 offlM 714513MV w (Attorneys for Plaintiff,HULSE) 10 Mark J. Austin, Esq. 11 RUTAN& TUCKER 611 Anton Blvd., 14'Floor 12 Costa Mesa, CA 92626-1931 (714) 641-5100; (714) 546-9035 13 (Attorneys for Defendant, SAN BERNARDINO COUNTY LOCAL AGENCY FORMATION COMMISSION) 14 15 ✓ *(BY UNITED STATES MAIL) I enclosed the documents in a sealed envelope or package addressed to the persons at the above listed addresses. By placing the envelope 16 ffor collection and mailing following our ordinary business practices. I am readily familiar with this business's practice for collecting and processing correspondence for mailing. On 17 the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in a sealed envelope with 18 postage fully prepaid. 19 ✓ (STATE) I declare under penalty of perjury under the laws of the State of California that the above is true and correct. 20 (FEDERAL) I declare that I am employed in the office of a member of the bar of this 21 court at whose difderilitrl!the service was made. 22 Executed on August 1 1'15 , 2010, at San Beds rdi o, C i,or ma. 23 Angela Rodriguez i I Legal Secretary Ignature - 24 City Attorney's Office 300 N. D Street 25 San Bernardino, CA 92418 26 27 28 •Pa Judicial Council ofCalia„nie POS-W[Rev.Ja,uuy 1,20101 euMeaxo IM L GATMtMl nWWxP WPd 1 PROOF OF SERVICE EXHIBIT "B" w 1 RESOLUTION NO. 2009-372 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING THE S BOUNDARIES OF THE SECOND WARD AND THE FOURTH WARD TO INCLUDE CERTAIN AREAS ANNEXED WITHIN CITY OF SAN BERNARDINO ANNEXATION 4 No.360,ARROWHEAD SPRINGS AREA,AND ANNEXATIONNO. 361,PORTIONS OF VARIOUS ISLANDS GENERALLY LYING NORTH OF PACIFIC STREET,EAST OF 5 VALENCIA AVENUE, SOUTH OF PIEDMONT DRIVE AND WEST OF VICTORIA 6 AVENUE. 7 WHEREAS, on February 21,2006,the City of San Bernardino adopted Resolution No. 8 200645,making application to the Local Agency Formation Commission("LAFCO")to initiate 9 proceedings pursuant to Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 10 (Section 56000 et. Seq. of the Government Code)("ACT")for expansion of the City's Sphere of 11 Influence and annexation of the Arrowhead Springs area,generally located north of 40ih Street and 12 IS easterly and westerly of State Highway 18,known as City of San Bernardino Annexation No. 360 14 (LAFCO 3050), more specifically shown on the attached map in Exhibit "A", as amended by 15 LAFCO to expand Area 1, attached hereto and made a part hereof and as described in Exhibit"B", 16 as amended by LAFCO attached hereto and made a part hereof; and 17 WHEREAS, on July 10,2006, the City of San Bernardino adopted Resolution No.2006- 18 19 247,making an application to LAFCO to initiate proceedings under the ACT for reorganization 20 consisting of the annexation of 6 areas of unincorporated territories generally lying north of Pacific 21 Street,east of Valencia Avenue,south of Piedmont Drive and west of Victoria Avenue,known as 22 City of San Bernardino Annexation No.361 (LAFCO 3067-A through F),more specifically shown 23 on the attached maps in said Exhibit "A", as amended by LAFCO to expand Areal, Area 4 and 25 Area 5, attached hereto and made a part hereof and as described in said Exhibit"B", as amended 26 by LAFCO, attached hereto and made a part hereof;and �-- 27 WHEREAS,on November 18,2009,LAFCO approved said annexation of unincorporated 28 territories into the City of San Bernardino;and 11/16/09 1 2009-372 RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING THE BOUNDARIES OF THE SECOND WARD AND THE FOURTH WARD TO INCLUDE CERTAIN AREAS ANNEXED WITHIN CITY OF SAN 1 BERNARDINO ANNEXATION NO.360,ARROWHEAD SPRINGS AREA,AND ANNEXATION NO. 361, PORTIONS 2 VALENCIA AVENUE VARIOUS D EAST OF OUTH OF PIEDMONT DRIVE AND WEST OF VICTORIA AVENUE 3 WHEREAS, the boundaries of the Second Ward adjacent to said Areas 4, 5 and 6 of 5 Annexation No. 361, and the boundaries of the Fourth Ward adjacent to said Areas 1 and 2 of 6 Annexation No. 360 and Areas 1, 2 and 3 of said Annexation No. 361, need to be amended to 7 include said annexed areas into the respective Wards. 8 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 9 OF SAN BERNARDINO AS FOLLOWS: 10 SECTION 1. The boundaries Of the Second Ward are hereby amended to include the 11 areas depicted as said Areas 4,5 and 6 of Annexation No. 361 in said Exhibit"A"and described 12 in said Exhibit"B" and the boundaries of the Fourth Ward are hereby amended to include the 13 areas depicted as said Areas 1 and 2 of Annexation No. 360 and said Areas 1, 2 and 3 of 13 15 Annexation No.361 in said Exhibit"A"and described in said Exhibit"B",to be effective on said 16 annexation effective date to be set forth on the Notices of Completion, anticipated to be on or 17 near the date of December 18,2009 for Annexation No. 361,and on or near the date of January 8, 18 2010 for Annexation No. 360. 19 20 21 22 23 24 25 26 27 28 11/16/09 2 2009-372 RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING THE BOUNDARIES OF THE SECOND 1 WARD AND THE FOURTH WARD TO INCLUDE CERTAIN AREAS ANNEXED WITHIN CITY OF SAN BERNARDINO ANNEXATION NO.360,ARROWHEAD SPRINGS AREA,AND ANNEXATION NO. 361, PORTIONS OF VARIOUS 2 VALENCIA AVENUE, OUTH�OF PIEDMONT DERIVE AND WEST OF VICTORIA A��EAST OF 3 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 4 Common Council of the City of San Bernardino at a,joint regular meeting thereof 5 6 held on the 7th day of naramner , 2009, by the following vote,to-wit: 7 Council Members: AYES NAYS ABSTAIN ABSENT 8 ESTRADA X 9 BAXTER X 10 BRINKER X 11 X SHORETT 12 KELLEY X 13 JOHNSON X 14 15 MCCAMMACK X 16 City Clerk 17 The foregoing resolution is hereby approved this Q�day of December 2009. 18 19 ATRI K J.MORRI ,�r 20 Ci San Bernardino 21 Approved as to fottn: 22 ate.✓� ,�. -.�... 2 23 JAMES F. PENMAN, City Attorney 24 25 26 27 12/07/09 3 ii 2009-372 EXHIBIT "A" VICINITY AND INDEX MAP AND DETAIL MAPS DEPICTING AREAS OF ANNEXATION V �g44II s� Iffillf cn Mz A 020 08 o cn u NJ z i o � H e U 2002--72 . . \ ! \ | j A`• `Hi MA\ \i \ /MA i tj , I | § I I \\ § & z Bah ) ■ � | � \ j j � §§ ! �ƒ N ) � � | I I • || i . . % � �I |■ I Z� ■ CN . � J ,nnn i ■■MINIM ■I�■■■■■� .' ■ li ,�■� o�■■■■ 1 ■nv� ; �� , • ��� lid f1■� � 11■© �■■■■11 ' � � �� F111■ . �t+� 11111 : . ' :rr���l�■�►� �����/■■1■`.� �IIIIE�JI71717(7R � ©�►�. 11111 „ „ ", sue ki ME 0 No 61L III WIN 0 t�N WIN ■■ on �. _ii iii n „ c ■ mm �'■111111111111111111111111111 ■■111■1■1■1■ 11■11■■/■11■ iil oily. :: :. oil - -- -- X1111 ,� -- -- 1111111111111 � 11111111111111 ,� � _ � ..11111111111111111: I � � ��_IIIIIIIIIIIIIIIIC !1111 ma�aaasmm°_p© � •• ��� ■�1. .�� �i�lllllll �� C© pp ::1111150 =� �` � ►► �, r�,cm�mRm�t�.- ± 1111 :I■• •�--�m =1111111 �I� �E jl � �IIIIIII ��� 1■V � IIIIIIIIIIII i� 11111 a• �_: 111111111111■ 11■I ® .l, ■■■ ��f� p�►�i�►ary to�aa�ma74r��°�fa 10�rta7`�© ;■ MONEW ���i..�w. ���� ���►11111■ :� ��� ►► ��� �i■a■� ��i� �i�i`"i/11111 ■— �� � ._.. IM 's a� ���. .. . �1 •. � �,. �� ryry �,� 11111111111111 � ,=_ „m Q'i 1111111111 IIII � �� , ©lE�lllllllllllll� �� CCCECECECCECE©D© !1111 �i�■■ M�I �' •��G�1111111 ■�■ �� •�� SEEM ;0 ills 11111 -� i7 2009-372 EXHIBIT "B" LEGAL DESCRIPTION OF ANNEXED AREAS 2009-372 LAFCO 3050 Revision No. 3 : 09/06/06 Reorganization to Include City of San Bernardino Annexation No. 360 (Arrowhead Springs Specific Plan Area) Those parcels of land located in Section 7,Township 1 North,Range 3 West, San Bernardino Base and Meridian,and Sections 2, 3, 11, 12 and 14,all in Township 1 North, Range 4 West,San Bernardino Base and Meridian, and Section 34, Township 2 North, Range 4 West, San Bernardino Base and Meridian, in the County of San Bernardino, State of California,described as follows: IRE 1{1T Beginning at a point being on the existing corporate City limit line of the City of San Bernardino per Annexation No. 190, said point also being the northwest corner of the south one-half of the northeast one-quarter of said Section 11, Township 1 North, Range 4 West; 1. Thence east, leaving said existing corporate City limit line, along the north line of said south one-half of the northeast one-quarter of Section 11 to the northeast comer of said south one-half of the northeast one-quarter of said Section 11,said point also being on the west line of said Section 12,Township 1 North,Range 4 West; 2. Thence north,along said west line of said Section 12 to the northwest corner thereof; 3. Thence east,along the north line of said Section 12 to the northeast corner of the northwest one-quarter of the northeast one-quarter of said Section 12; 4. Thence south, along the west line said northwest one-quarter of the northeast one- quarter of said Section 12 to the southeast corner of said northwest one-quarter of the northeast one-quarter of said Section 12,said point also being on the north line of the southeast one-quarter of the northeast one-quarter of said Section 12; 5. Thence east,along said north line,to the northeast corner of said southeast one- quarter of the northeast one-quarter of said Section 12, said point also being on the west line of said Section 7, and the common Range line of said Township 1 North, Range 3 West and said Township 1 North, Range 4 West; 6. Thence north,along said west line of Section 7 and said common Range line,to the northwest corner thereof; ti.... Revised 916106 Page l of 2009-372 7. Thence east, leaving said common Range line,along the north line of said Section 7 to the northeast comer thereof; 8. Thence south,along the east line of said Section 7 to the southeast comer thereof; 9. Thence west,along the south line of said Section 7 to the southwest corner thereof and said common Range line of Township 1 North ,Range 3 West and Township I North,Range 4 West; 10. Thence north,along said west line of Section 7 and said common Range line, to the southeast comer of the north one-half of the southeast one-quarter of said Section 12, Township 1 North, Range 4 West; 11.Thence west,leaving said common Range line, along the south line of said north one-half of the southeast one-quarter of said Section 12,and along the south line of the north one-half of the southwest one-quarter of said Section 12 to the southwest corner of said north one-half of the southwest one-quarter of said Section 12, said point also being on the east line of said Section 11,Township I North,Range 4 West; 12. Thence south, along said east line of Section 11 to the southeast corner thereof; �j 13. Thence west, along the south line of said Section 1 I to the northeast comer of the northwest one-quarter of the northeast one-quarter of said Section 14,Township 1 North,Range 4 West; 14. Thence south,along the east line of said northwest one-quarter of the northeast one- quarter of said Section 14,a distance of 417.40 feet to a point on said existing corporate City Limit line of the City of San Bernardino, per Annexation No. 347 (LAFCO 2584) ; Thence,along said existing corporate City limit line through its various courses as per said Annexation No. 347,and said Annexation No. 190, as follows: 15. Thence South 88° 52' 09" West, a distance of 208.71 feet; 16. Thence North 00149' 28"West,417.40 feet to a point on said south line of Section 11; 17. Thence South 88° 52' 09"West, along said south line, a distance of 541.95 feet; 18. Thence South 02°02'29"West, a distance of 381.95 feet; 19. Thence South 72°27'09"West,a distance of 52.21 feet; 20. Thence North 79°44'01"West,a distance of 38.00 feet; Revised 916106 Page 2 of 2009-372 21.Thence North 49'49'11"West, a distance of 108.69 22. Thence North 04°53'22"East, a distance of 318.61 feet to said south line of Section 11; 23. Thence South 88° 52' 09"West,along said south line, a distance of 422.81 feet to the southeast comer of the west one-half of said Section 11; 24. Thence north, along the east line of said west one-half of Section 11,to the Point of Beginning. The above-described Area"1" contains 1,297.87 acres, more or less. AREA 1'2" Beginning at the southwest comer of the west one-half of the southwest one-quarter of said Section 2, Township 1 North, Range 4 West, said point also being on the existing corporate City limit line of the City of San Bernardino per Annexation No. 190; 1. Thence, north and leaving said existing corporate City limit line, along the west line of said west one-half of the southwest one-quarter of said Section 2,to the southeast comer of the northeast one-quarter of the southeast one-quarter of said Section 3, Township 1 North, Range 4 West; 2. Thence west, along the south line of said northeast one-quarter of the southeast one- quarter of said Section 3,to the southwest corner of said northeast one-quarter of the southeast one-quarter of said Section 3; 3. Thence north along the west line of said northeast one-quarter of the southeast one- quarter of said Section 3,to the southeast comer of Government Lot 6 of said Section 3; 4. Thence west,along the south line of said Government Lot 6,to the southwest comer thereof; 5. Thence north, along the west line of said Government Lot 6 and the west line of Government Lot 1 of said Section 3,to the northwest comer of said Government Lot 1,said point also being the southwest comer of the southeast one-quarter of said Section 34, Township 2 North, Range 4 West and the common Township line of Township 1 North,Range 4 West and Township 2 North, Range 4 West; Revised 916106 Page 3 of 2009-372 6. Thence North 000 05' 17' West, leaving said common Township line,along the west line of said southeast one-quarter of said Section 34, a distance of 910.21 feet to a point on the west line of that certain line designated as"Existing R!W"on Right of Way Map of State Road 8-SBd-18 on file as County Surveyor's Map No. 7696-1, in the San Bernardino County Surveyor's Office; 7. Thence South 63°18'33"East,along said"Existing R/W",a distance of 113.75 feet; 8. Thence South 18°14'45"East,along said`Existing R/W",a distance of 889.70 feet to the south line of said Section 34 and said common Township line and the north line of said Section 3; 9. Thence east,along said common Township line and said north line of Section 3 to the northeast comer of said Section 3; 10. Thence south, leaving said common Township line, along the east line of Section 3, to the northwest corner of said west one-half of the southwest one-quarter of Section 2; 11. Thence east, along the north line of said west one-half of the southwest one-quarter of Section 2 to the northeast comer of said west one-half of the southwest one-quarter Cof said Section 2; 12. Thence south, along the east line of said west one-half of the southwest one-quarter of said Section 2, to the south line of said Section 2,said point being on said existing corporate City limit line of the City of San Bernardino per said Annexation No. 190; 13. Thence west,along said south line and said existing corporate City limit line,to the Point of Beginning. The above-described Area"2"contains 275.98 acres, more or less. The total land area of Area"1"and Area"2"contains 1,573.85 acres, more or less. Revised 916106 Page 4 of 2009-372 LAFCO No.: 3067 Revised Legal #4. 10/01/09 REORGANIZATION TO INCLUDE CITY OF SAN BERNARDINO ANNEXATION NO.361 (SIX ISLANDS) All those portions of certain areas of unincorporated territories located in Sections 19 and 30, Township 1 North, Range 3 West, San Bernardino Meridian,and Section 36,Township l North, Range 4 West, San Bernardino Meridian, in the County of San Bernardino, State of California, described as follows: AREA I BEGINNING at the centerline intersection of Sterling Avenue, 100 feet wide, and Marshall Boulevard, 88 feet wide, said point also being on the existing Corporate City Limit Line of the City of San Bernardino as established by"Annexation No. 212"(LAFCO 637); 1) Thence north and leaving said existing Corporate City Limit Line, along said centerline of Sterling Avenue to the centerline of Foothill Drive, said point also being on the existing Corporate City Limit Line of the City of San Bernardino as established by "Annexation No. 239"(LAFCO 845); 2) Thence north, along said existing Corporate City Limit Line and through its various courses as established by said "Annexation No. 239", and by "Annexation No. 92", and by "Annexation No. 118", and by "Annexation No. 130", and by"Annexation No. 136", and by "Annexation No. 130", and by said "Annexation No. 118", and by "Annexation No. 267" (LAFCO 989), and by "Annexation No. 181", and by said "Annexation No. 212" (LAFCO 637), in a generally northerly, southeasterly, southwesterly, northwesterly, southerly, easterly, southerly, and westerly direction to the POINT OF BEGINNING Contains 135.29 acres (0.2114 square miles),more or less. AREA 2 BEGINNING at the intersection of the southerly prolongation of the east line of Tract No. 7408, according to Map thereof, recorded in Book 99 of Maps,pages 9 thru 10,records of said County, and the centerline of Lynwood Drive, 82.50 feet wide, said point being an angle point on the existing Corporate City Limit Line of the City of San Bernardino as established by"Annexation No. 212"(LAFCO 637); 1) Thence westerly, leaving said"Annexation No. 212"and said existing Corporate City Limit Line, along said centerline of Lynwood Drive to an angle point on said existing Corporate City Limit as established by said"Annexation No. 212"(LAFCO 637); 2) Thence, following said existing Corporate City Limit Line through its various courses in a generally northerly, easterly,and southerly direction to the POINT OF BEGINNING. Contains 10.09 acres(0.0158 square miles),more or less. Rev. No. 4 10/01/2009 1 2009-372 LAFCO No.: 3067 REORGANIZATION TO INCLUDE CITY OF SAN BERNARDINO ANNEXATION NO.361 (SIX ISLANDS) AREA BEGINNING at the centerline intersection of Lynwood Drive, 82.50 feet wide, and Arden Avenue, 82.50 feet wide, said point being an angle point on the existing Corporate City Limit Line of the City of San Bernardino as established by "Annexation No. 212"(LAFCO 637); 1) Thence northerly along said existing Corporate City Limit Line and following through its various courses, as established by said "Annexation No. 212", in a generally northerly, easterly,and southerly direction to an angle point of said"Annexation No. 212" , said point being on the centerline of said Lynwood Drive; 2) Thence westerly, leaving said existing Corporate City Limit Line, along said centerline of Lynwood Drive to the POINT OF BEGINNING. Contains 5.47 acres(0.0085 square miles),more or less. AREA 4 BEGINNING at the centerline intersection of Del Rosa Avenue and Del Rosa Drive, said point also being on the existing Corporate City Limit Line of the City of San Bernardino, said point also being the southwesterly corner of "Annexation No. 317"(LAFCO 1867); 1) Thence southerly and leaving said Corporate City Limit Line, along said centerline of said Del Rosa Drive to its intersection with the centerline of Pacific Street, said point also being an angle point on the Corporate City Limit Line of the City of Highland, per City Incorporation(LAFCO 2425); 2) Thence westerly, along said centerline of Pacific Street and leaving said Corporate City Limit Line of the City of Highland, to a point on the Corporate City Limit Line of the City of San Bernardino as established by"Annexation No. 292"(LAFCO 1322); 3) Thence westerly along said existing Corporate City Limit Line and following through its various courses, as established by said "Annexation No. 292' and by "Annexation No. 106", and by "Annexation No. 116", and by "Annexation — Del Rosa Avenue and 191h Street' (LAFCO 1501), and by said "Annexation No. 317' (LAFCO 1867) in a generally westerly, northerly, westerly, northerly, westerly, northerly, westerly, northerly, southerly, easterly, southerly,easterly, southerly, northerly, and southerly direction to the POINT OF BEGINNING. Contains 61.13 acres(0.0955 square miles),more or less. Rev.No. 4 10101/2009 2 2009-372 LAFCO No.: 3067 REORGANIZATION TO INCLUDE CITY OF SAN BERNARDINO ANNEXATION NO.361 (SIX ISLANDS) AREA 5 BEGINNING at the centerline intersection of Del Rosa Avenue and Del Rosa Drive, said point also being on the existing Corporate City Limit Line of the City of San Bernardino, said point also being the southwesterly comer of "Annexation No. 317"(LAFCO 1867); 1) Thence easterly along said existing Corporate City Limit Line and following through its various courses, as established by said "Annexation No. 317", and by "Annexation No. 177", and by "Annexation No. 215" (LAFCO 663) and by"Annexation No. 203" (LAFCO 504), and by "Annexation No. 260" (LAFCO 934)", and by said "Annexation No. 203" (LAFCO 504), and by "Annexation No. 186", and by "Annexation No. 128", and by "Annexation No. 316" (LAFCO 1873), and by "Annexation No. 291" (LAFCO 1329), and by "Annexation No. 346" (LAFCO 2621), in a generally easterly, northerly, easterly, southerly, easterly, northerly, easterly, northerly, easterly and southerly direction, to the southwest comer of said"Annexation No. 346", said point also being the intersection of the centerline of Sterling Avenue, 100 feet wide, and Pacific Street, 80 feet wide, said point ... also being the Corporate City Limit Line of the City of Highland, per City Incorporation (LAFCO 2425); 2) Thence westerly and leaving said existing Corporate City Limit Line of the City of San Bernardino, along said centerline of Pacific Street and said Corporate City Limit Line of the City of Highland, to the intersection of the centerline of said Pacific Street and said Del Rosa Drive; 3) Thence northerly and leaving said Corporate City Limit Line of the City of Highland, along said centerline of Del Rosa Drive and its various course and distances, to the POINT OF BEGINNING. Contains 130.25 acres (0.2035 square miles),more or less. AREA 6 BEGINNING at the centerline intersection of Pacific Street and Conejo Dirve, said point being on the existing Corporate City Limit Line of the City of San Bernardino as established by "Annexation No. 106"; 1) Thence northerly along said existing Corporate City Limit Line, and following its various courses, as established by said "Annexation No. 106", and by "Annexation No. 292" �.� (LAFCO 1322) in a generally northerly, easterly, and southerly direction to a point on the centerline of said Pacific Street; Rev. No. 4 10/01/2009 3 2009-372 LAFCO No.: 3067 REORGANIZATION TO INCLUDE CITY OF SAN BERNARDINO ANNEXATION NO. 361 (SIX ISLANDS) 2) Thence, westerly, leaving said existing Corporate City Limit Line, along said centerline to the POINT OF BEGINNING. Contains 2.15 acres (0.0034 square miles),more or less. The total land area of Area I,Area 2, Area 3, Area 4, Area 5 and Area 6 contains 344.38 acres (0.5380 square miles) , more or less. Rev. No. 4 10/01/2009 4