HomeMy WebLinkAbout36- Public Works File No. 12.01-336
CITY OF SAN BERW�RDINO - REQUEST FIR COUNCIL ACTION
F ROGER G. HARDGRAVE, Director Subject: Public hearing 10:00 a.m. and Resolution
ordering Annexation No.354 for the Annex-
DeNc: Public Works /Engineering ation of the territory generally located
South of 6th Street, West of Pedley Road
Date: June 1, 1993 (LAFCO 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 was adopted, determining amount of property
tax transfer from County to City.
05-24-93 -- Resolution No. 93-159, setting public hearing was adopted.
Recommended motion:
1. That the public hearing to receive, consider and rule upon written protests
in the matter of Annexation No. 354, for the territory generally located
South of 6th Street, West of Pedley Road, designated LAFCO 2743, is hereby
closed.
2. Adopt Resolution 7
cc: Shauna Clark, City Administrator
James Penman, City Attorney gnature
Barbara Pachon, Director of Finance
Les Fogassy 5334
Contact person: Phone:
Supporting data attached: Staff Report,Resolution Ward: 2
FUNDING REQUIREMENTS: Amount: $650.00
Source: (Acct No.) 001-302-53007
Filing Fees
Acct. Description)
Finance: ! '
;il Notes:
75.fM62 Agenda Item No.
CITY OF SAN BERK .RDINO - REQUEST r9R COUNCIL ACTION
STAFF REPORT
The public hearing for the proposed annexation was set on May 24, 1993. Two of three
property owners within the proposed area have given written consent to the annexation,
and the remaining property owner has not filed a protest. It is therefore recommended
that the hearing be closed and the attached Resolution ordering the Annexation be
adopted.
On November 18, 1991, authorization was given to proceed with the proposed annexation
of the area generally located South of 6th Street, West of Pedley Road, , as a result
of a request received by the City from a property owner within the area proposed for
annexation.
On February 1, 1993, Resolution No. 93-24 was adopted, making formal application to
the Local Agency Formation Committee (LAFCO) , and on April 5, 1993, Resolution No.
93-108 was adopted, determining property tax revenues to be exchanged between the City
of San Bernardino, and the County of San Bernardino.
The annexation was approved by LAFCO on April 21, 1993.
Two of the three property owners within the proposed annexation have given their
written consent. The third property owner has not filed a protest, and it can
therefore be assumed, gives consent to the annexation. All property owners owning land
within the proposed territory, and all affected agencies were notified by mail of the
hearing.
75.0264
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j RESOLUTION NO.
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RESOLUTION OF THE CITY OF SAN BERNARDINO DETERMINING THAT PROTESTS
3 BY PROPERTY OWNERS OWNING LESS THAN FIFTY PERCENT (50%) OF THE ASSESSED
VALUE OF THE TERRITORY PROPOSED TO BE ANNEXED HAVE BEEN FILED AND ORDERING
4 ANNEXATION NO. 354 (LAFCO 2743) FOR THE TERRITORY GENERALLY LOCATED SOUTH OF
SIXTH STREET, WEST OF PEDLEY ROAD, AND DETACHMENT FROM CSA 38, CSA 38
5 IMPROVEMENT ZONE G, CSA 38 IMPROVEMENT ZONE L, CSA 70, CSA 70 IMPROVEMENT
ZONE A AND CSA SL-1.
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WHEREAS, pursuant to the provisions of the Cortese-Knox Local
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Government Reorganization Act of 1985, Division 3, commencing with section
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56000 of the California Government Code, proceedings were initiated by the
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Common Council of the City of San Bernardino, to annex to the City of San
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Bernardino, certain contiguous uninhabited territory hereinafter described;
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and
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WHEREAS, a Landowner in the proposed annexation has requested
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annexation to the City of San Bernardino to receive extended urban services;
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and
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WHEREAS, the Local Agency Formation Commission has set forth the
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following terms and conditions in its Resolution No. 2413
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"Condition No. 1. The conducting authority for this
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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
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in Exhibit "A" attached.
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"Condition No. 3. The following distinctive short form
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designation shall be used throughout this proceeding: LAFCO 2743.
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"Condition No. 4. All previously authorized charges, fees,
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assessments and/or taxes currently in effect by the City of San Bernardino
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(annexing agency) shall be assumed by the annexing territory in the same
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manner as provided in the original authorization pursuant to Government Code
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Section 56844(c) .
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06-01-93
RESOLUTION ORDERING ANNEXATION NO. 354 (LAFCO 2743) FOR THE AREA GENERALLY
SOUTH OF 6TH ^REET, WEST OF PEDLEY ROAD.
j "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, a public hearing was set for the 21st day of June, 1993,
7 at the hour of 10:00 am in the Council Chambers of City Hall, 300 N. "D"
8 Street, San Bernardino, California, and the same was the day, hour and place
9 designated where any and all persons owning land within the territory
10 proposed for annexation may file a written protest with the City Clerk,
11 prior to the conclusion of said hearing; and
12 WHEREAS, all owners of land within the territory proposed for
13 annexation, and all affected agencies were notified of said hearing by
14 mailing, publication and posting of a "Notice of Public Hearing" pursuant
15 to the provisions of California Government Code Section 57025.
16 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
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18 SECTION 1. That pursuant to Section 57050 of the California
19 Government Code, a hearing was held on the day, and at the time and place as
20 set forth hereinabove, and protests were filed and received by property
21 owners owning less than fifty percent (50%) of the total assessed value of
22 the area proposed for annexation, by the conclusion of said hearing.
23 SECTION 2. Said territory herein described as Annexation No. 354
24 designated as LAFCO 2743, is hereby annexed and incorporated in and made a
25 part of the City of San Bernardino.
26 SECTION 3. The territory herein referred to as being annexed to
27 the City of San Bernardino is more particularly described in the Exhibit
28 "A" , attached hereto and incorporated by reference as though fully set forth
06-01-93 2
RESOLUTION ORDERING ANNEXATION NO. 354 (LAFCO 2743) FOR THE AREA GENERALLY
SOUTH OF 6TH -BEET, WEST OF PEDLEY ROAD.
1 in length.
2 SECTION 4. The above described territory will be subject to
3 taxation equally with the property within such municipal corporation.
4 SECTION 5. All previously authorized charges, fees, assessments
5 and/or taxes currently in effect by the City of San Bernardino (annexing
6 agency) are assumed by the annexed territory in the same manner as provided
7 in the original authorization pursuant to Government Code Section 56844(c) .
8 The regular County Assessment Roll is utilized by the City of San
9 Bernardino.
10 SECTION 6. The property herein annexed is declared to be a part
11 of Ward 2 and the boundaries of Ward 2 are hereby altered to include said
12 annexed territory, and has a designated land use of RM (Residential Medium)
13 and PF (Public Facility) , more particularly shown on the Map of the City of
14 San Bernardino General Plan as it currently exists.
15 SECTION 7. The area included in the above annexation is hereby
16 detached from County Service Area 38, Improvement Zones G and L of County
17 Service Area 38, County Service Area 70, Improvement Zone A of County
18 Service Area 70, and County Service Area SL-1, without split of assets or
19 liability.
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06-01-93 3
RESOLUTION ORDERING ANNEXATION NO. 354 (LAFCO 2743) FOR THE AREA GENERALLY
SOUTH OF 6TY TREET, WEST OF PEDLEY ROAD.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by th
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Mayor and Common Council of the City of San Bernardino at a
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meeting thereof held on the day of
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19 by the following vote, to-wit:
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5 Council Members: AYES NAYS ABSTAIN ABSENT
6 NEGRETE
7 CURLIN
8 HERNANDEZ
9 OBERHELMAN
10 OFFICE VACANT
11 POPE-LUDLAM
12 MILLER
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14 City Clerk
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The foregoing resolution is hereby approved this day of
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TOM MINOR, Mayor
19 City of San Bernardino
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Approved as to form
22 and legal content:
23 JAMES F. PENMAN,
City torney
24 By.
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06-01-93 4
' 1 LEGAL DESCRIPTION FOR PROPOSED ANNEXATION NO. 354 TO THE CITY OF SAN
BERNARDINO, GENERALLY LOCATED SOUTH OF 6TH STREET, WEST OF PEDLEY ROAD.
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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:
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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
following its various courses and distances, to the Point of Beginning.
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15 24.36 Acres M/L
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