HomeMy WebLinkAbout15- Public Works CITY OF SAN BERNAINO - REQUEST FC . COUNCIL ACTION
File No. 12.00-Annex.Gen.
Declaration of No Plans for
From: ROGER G. HARDGRAVE Subject: Annexation -- Community of Devore
Dept: Public Works
Date: 1-12-93
Synopsis of Previous Council action:
None.
Recommended motion:
Adopt resolution.
cc: Shauna Clark
Jim Penman
Signature
Contact person: Roger G. Hardgrave Phone:_ 5025
Staff Report &
Supporting data attached: Resolution Ward: N/A
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
75-0262 Agenda Item No_
lap—
CITY OF SAN BERNAINO - REQUEST FO. COUNCIL ACTION
STAFF REPORT
Cal-Mat has engaged the consulting firm of Linda Brannon
Associates to assist in explaining the pertinent features of
their project to concerned residents of the communities of
Verdemont, Cimmaron Ranch, Muscoy, and Devore.
One of the main concerns of the residents of Devore is
that the Cal-Mat project is a part of a long-range plan to annex
their community.
The proposed resolution declares that the City of San
Bernardino has no plans for the annexation of the community of
Devore. Adoption of this resolution will assist Linda Brannon
Associates in alleviating the concerns of the residents of
Devore.
We recommend that the resolution declaring that the City
has no plans for annexation of Devore be adopted.
1-12-93
s-0264
C I T Y O F S A N B E R N A R D I N O
Interoffice Memorandum
TO: Shauna Clark
City Administrator
FROM: James F. Penman
City Attorney
SUBJECT: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO DECLARING THAT THE CITY HAS NO PLANS TO
ANNEX THE COMMUNITY OF DEVORE
DATE: January 25, 1993
CC: Mayor and Common Council, City Clerk, City Treasurer
Attached is the proposed Resolution of The Mayor and Common Council
of the City of San Bernardino Declaring that the City Has No Plans
To Annex The Community Of Devore which I am returning unsigned.
The contents of the resolution may or may not be technically
correct. I don't know if any formal "plans" do or do not exist to
annex Devore. However, it has been the strong desire of this City
over many, many years to annex that area. I believe the City
recently attempted to include Devore in our sphere of influence but
LAFCO denied the request. Nonetheless, it is still the intent, the
wish, the "plan" if you will of at least some City officials.
It is my opinion that a formal government resolution that
intentionally misrepresents a factual matter or intentionally
misleads the reader is not correct as to legal content. I do not
believe that there can be a "legal lie" that can suffice as the
contents of a resolution which an attorney can then approve "as to
form and legal content" . Moreover, this resolution, if approved,
would undoubtedly be used against the City in some legal
proceeding, be it a LAFCO hearing or court hearing in the future
when the City of San Bernardino again attempts to take steps to
annex the Devore area or parts thereof.
For these reasons I have respectfully declined to approve the
resolution as to form and legal content.
JFP:dd[Unsigned.reso]
To Shauna Clark, City Administrator
Date: January 25, 1993
Re RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO DECLARING THAT THE
CITY HAS NO PLANS TO ANNEX THE COMMUNITY OF
DEVORE
The decision whether to annex Devore is a policy matter, not a
legal one. The content of legal resolutions is both legal and
policy in nature. As an alternative, that would be legal, the
Council could resolve to abandon any attempt to annex Devore.
While such a resolution would not be legally binding on future
councils, a properly drafted resolution would be legal . The
problem still remains, however, that such a resolution would be
used against the City in future legal proceedings if the City
"changed its mind" .
James F. Penman
City Attorney
JFP:dd[Unsigned.reso] —2—
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO DECLARING THAT THE CITY HAS NO PLANS TO ANNEX THE
3 COMMUNITY OF DEVORE.
4 WITNESSETH:
5 WHEREAS, Cal-Mat has applied for annexation to the City
6 of San Bernardino and approval of a development for a sand and
7 gravel mining operation and industrial complexes on their
8 properties , located west of Cajon Boulevard and north of Devil ' s
9 Canyon Channel; and
10 WHEREAS, certain residents of the communities of
11 Verdemont, Cimmaron Ranch, Muscoy and Devore have expressed
12 concerns over the proposed annexation and development of the Cal-
13 Mat properties; and
14 WHEREAS, Cal-Mat has engaged the services of the
15 consulting firm of Linda Brannon Associates to assist in
16 explaining the project to the concerned residents and alleviating
17 their concerns; and
18 WHEREAS, Linda Brannon Associates has identified one of
19 the concerns of the residents from the community of Devore is the
20 possibility that the City of San Bernardino has plans for
21 annexation of this area, located generally east of Route I-215
22 Freeway and north of Cable Canyon Road; and
23 WHEREAS, the City of San Bernardino wishes to declare
24 that it has no plans for annexation of Devore;
25 NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS:
26 SECTION ONE: It is hereby declared that the City of San
27 Bernardino has no plans for annexation of the community of
28 Devore.
1-12-93
RESO: DECLARING CITY OF SAN BERNARDINO HAS NO PLANS TO ANNEX THE
COMMUNIm" OF DEVORE.
1 I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the Mayor and Common Council of the City of San
3 Bernardino at a meeting thereof, held on the
4 day of 1993 , by the following vote, to-wit:
5 Council Members : AYES NAYS ABSTAIN ABSENT
6 ESTRADA
7 REILLY
8 HERNANDEZ
9 MAUDSLEY
10 MINOR
11 POPE--LUDLAM
12 MILLER
13
14
Rachel Clark, City Clerk
15
The foregoing resolution is hereby approved this
16
day of 1993 .
17
18
W. R. Holcomb, Mayor
19 City of San Bernardino
Approved as to form
20 and legal content:
21 James F. Penman
City Attorney
22
23 By
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25
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