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CITY OF SAN BERNaDINO - REQU~~; N;cQo~;UNCIL ACTION
Date:
August 15, 1990
/S~ject:) Public hearing 10:00 a.m. and Resolution
C // ordering Annexation No.342 for the Annex-
~, ation of the territory generally located
North of the 1-10 Freeway, East of Tippe-
canoe Ave. (LAFCO 2599)
From: ROGER G. HARDGRAVE, Director
Public Works (Engineering
Dept:
Synopsis of Previous Council ection:
09/18/89 Authorization to proceed
was given.
11/20/89
Resolution No. 89-457, making application to LAFCO, was adopted.
02/19/90
Resolution No. 90-54 was adopted, making application and repealing
Resolution No. 89-457.
05/07/90
06/04/90
Resolution No. 90-168 was adopted, amending Resolution No. 90-54
Resolution No. 90-202 was adopted, determining amouqt of
tax transfer from County to City.
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08/06/90 -- Resolution No. 90-342, setting public hearinR was adouted.
Recommended motion:
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1. That the public hearing to receive, consider and rule upon written ~te~ts
in the matter of annexation of the territory generally located North of the
1-10 Freeway, between Tippecanoe Avenue and Mt. View Avenue, designated LAFCO
2599, is hereby closed.
2. Adopt Resolution
a ~/
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Sig ture
cc: Shauna Edwins, City Administrator
James PellMll, City Attorney
Andy Green, Director of FinAnce
Contact person: Les Fogassy
Supponing data attached: staff Report.Resolution
Phone:
5334
Ward:
1
FUNDING REQUIREMENTS:
Amount:
S250.00
Source: (Acct. No.)
001-302-53007
(Acct. Descriotionl
Filinll F,?~
Finance: ;0,...:.
Council Notes:
75-0262
Agenda Item No ~5
C1TY OF SAN BERNA;t.DINO - REQUEST FcSi\ COUNCIL ACTION
STAFF REPORT
On September 16, 1969, authorization was given to proceed with the proposed annexation
of the area generally located North of the 1-10 Freeway, between Tippecanoe Avenue and
Mountain View Avenue, as a result of a petition received by the City from a property
owner within the area proposed for annexation.
On November 20,1969, Resolution No. 69-457 was adopted, making formal application to the
Local Agency Formation Committee (LAFCO), which was repealea and a new application
made by Resolution No. 90-54. This application was further modified by Resolution No.
90-166. These modifications were made due to technical errors in identifying certain
parcels owned by the City of Redlands, that are not a part of this annexation.
On June 4, 1990, Resolution No. 90-202 was adopted, determining property tax revenues
to be exchanged between the City of San Bernardino, and the County of San Bernardino.
On June 20, 1990, LAFCO adopted their Resolution No. 2265, approving the annexation.
Said resolution by the LAFCO 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 and mailing of a "Notice of Hearing".
Since the area to be annexed is in excess of 75 acres, only the affected agencies need
notification by mail. Property owners and/or residents are notified by publication of
the Notice in the Sun.
The attached resolution, making a determination and approving the annexation, should
be adopted only if protests are filed and received by less then 25t of the registered
voters residing in the area and less then 25t of the property owners owning less than
25t of the total assessed land value, within the proposed territory
8-15-90
75-0264
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO DETERMINiNG THAT LESS
THAN TWENTY FIVE PERCENT OF PROTESTS BY REGISTERED VOTERS AND PROPERTY
OWNERS HAVE BEEN FILED AND APPROVING ANNEXATION NO. 342 (LAFCO 2599) FOR THE
TERRITORY GENERALLY LOCATED NORTII OF THE 1-10 FREEWAY, BETWEEN TIPPECANOE
AVENUE AND MT. VIEW AVENUE AND DETACHMENT FROM CSA 38, CSA 70 AND CSA SL-1.
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WHEREAS, pursuant to the provisions of the Cortese-Knox Local
Government Reorganization Act of 1985, Division 3, commencing with section
56000 of the California Government Code, proceedings were initiated by the
Common Council of the City of San Bernardino, to annex to the City of San
Bernardino, certain contiguous inhabited territory hereinafter described;
and
WHEREAS, a Landowner in the proposed annexation has requested
annexation to the City of San Bernardino to receive extended urban services;
and
WHEREAS, the Local Agency Formation Commission has set forth the
following terms and conditions in its Resolution No. 2265 :
"Condition No.1. The conducting authority for this
proceeding shall be the City Council of the City of San Bernardino.
"Condition No.2. The boundaries are approved as set forth
in Exhibit "A" attached.
"Condition No.3. The following distinctive short form
designation shall be used throughout this proceeding: LAFC 2599.
"Condition No.4. Included in the City's resolution
depicting final action shall be the detachment of County Service Area 38,
County Service Area 70, and County Service Area SL-l without split of assets
or liability.
"Condition No.5.
The date of issuance of the Certificate
of Completion shall be the effective date of this annexation. "
08-15-90
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RESOLUTION DE~~ING PROTESTS AND APPROVING AN,IIIiilATION NO. 342. NORTH OF
THE 1-10 FREEWAVETWEEN TIPPECANOE AVENUE AND M.jVIEW AVENUE.
WHEREAS. a public hearing was set for the 5th day of September.
1990, at the hour of 10:00 am in the Council Chambers of City Hall, 300 N.
"D" Street. San Bernardino. California. and the same was the day. hour and
place designated where any and all persons registered to vote within the
territory proposed for annexation or persons owning land within the
territory proposed for annexation may file a written protest with the City
Clerk. prior to the conclusion of said hearing; and
WHEREAS. all registered voters and owners of land within the
territory proposed for annexation. and all affected agencies were notified
of said hearing by publication and posting of a "Notice of Public Hearing"
pursuant to the provisions of California Government Code Section 57025.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
SECTION 1. That pursuant to Section 57050 of the California
Government Code, a hearing was held on the day, and at the time and place as
set forth hereinabove, and protests were filed and received by less than
twenty-five percent (25S) of the registered voters residing in the
territory proposed for annexation and protests were filed and received by
less than twenty-five percent (25S) of the property owners owning less then
twenty-five percent (25S) of the total assessed value of the area proposed
for annexation, by the conclusion of said hearing.
SECTION~. Said territory herein described as Annexation No. 342
designated as LAFCO 2599, is hereby annexed and incorporated in and made a
part of the City of San Bernardino.
SECTION 1. The territory herein referred to as being annexed to
the City of San Bernardino is more particularly described in the Exhibit
"A", attached hereto and incorporated by reference as though fully set forth
in length.
08-15-90
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21 REIllY
22 FLORES
23 MAUDSLEY
24 MINOR
25 POPE-LUDLAM
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RESOLUTION D~INING PROTESTS AND APPROVING A~TION NO. 342, NORTH OF
THE 1-10 FREEWAVBETWEEN TIPPECANOE AVENUE AND V VIEW AVENUE.
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SECTION 4.
The above described territory will be subject to
taxation equally with the property within such municipal corporation.
SECTION ~. The regular County Assessment Roll is utilized by the
City of San Bernardino.
SECTION ~. The property herein annexed is declared to be a part
of Ward 1 and the boundaries of Ward 1 are hereby altered to include said
7 annexed territory, and has a designated land use of RU-I (Residential
Urban), RM-l (Residential Medium), RMH (Residential Medium High), CG-l
(Co_ercial General) and PF (Public Facility), more particularly shown on
the Map of the City of San Bernardino General Plan as it currently exists.
SECTION 7. The area included in the above annexation is hereby
detached from County Service Area 38, Improvement Zones G of County Service
Area 38, County Service Area 70, Improvement Zone A of County Service Area
70, and County Service Area SL-l, without split of assets or liability.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by
the Mayor and Co_on Council of the City of San Bernardino at a
meeting thereof held on the
day
of
, 19_____, by the following vote, to-wit:
Council Members:
AYES
NAYES
ABSTAIN
ESTRADA
MIllER
City Clerk
08-15-90
3
RESOLUTION DE~~NING PROTESTS AND APPROVING ~TION NO. 342, NORTH OF
THE 1-10 FREEWAVETWEEN TIPPECANOE AVENUE AND >>-IVIEW AVENUE.
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The foregoing resolution is hereby approved this
,19_
Approved as to form
and legal content:
JAMES F. PENMAN,
City A orney
By:
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08-1.5-90 4
day of
W.R. HOLCOMB, Mayor
City of San Bernardino
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057/6/90
Revised Legal..../ L A,r-(?rJ ~'l9"1
DESCRIPTION FOR PROPOSED ANNEXATION NO. 342. LOCATED NORTH OF THE 1-10
FREEWAY. llET1IEEH TIPPECANOE AVENUE AND MOUNTAIN VIEW AVENUE
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All those various Subdivisions. portions of Subdivisions and Tracts. located
within the County of San Bernardino. State ot California. described as
follows:
Beginning at the point of intersection of the centerline of Tippecanoe
Avenue and the North line of the Interstate 10 Freeway. said point being on
the Corporate City li_it line of the City of San Bernardino. as it now
exists; thence North and East. along said City Limit line and following all
it's various courses and distances to the centerline ot Mountain View
Avenue; thence leaving said City limit line. South along said cen~~l1ne ot
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Mountain View Avenue. to the North line of said Interstate 10 Freeway;
thence West. along said North line. to the point of beginning.
Excepting therefrom the following portions:
PAICEL ONE: Those portions of Lots 83 and 84. Victoria Faras Unit No.1.
Tract 1892. as per lIap recorded in Book 27 ot Maps. page 27. records of
the County Recorder ot San Bernardino County. described as tollows:
Beginning at the Northwest corner of said Lot 84; thence East. a
distance of 170 feet; thence South. a distance of 170 feet; thence West.
a dist4llce of 170 teet; thence North. a distance ot 170 teet to the
point of beginning.
PAICEL TWO: Lots 77 and 78. Victoria Farms Unit No.1.
Tract 1892. as per map recorded in Book 27 of Maps. page 27. records of
the County Recorder ot San Bernardino County,
PAICEL.TBREE: Lot 66. Victoria Farms Unit No.1. Tract 1892. as per map
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recorded in Book 27 of Maps. page 27. records of the County Recorder of
San Bernardino County.
EXlIIBIT . A.
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PAlICIlL f(lJIt: Those portions of Tract No. 2959 as per IIllP recorded in
Book 410t Maps, page 51, records of the county Recorder of San
Bernardino County, and the Rancho San Bernardino, as per IIllp recorded in
Book 7 of Haps, page 2, records of uid County, described as tallows:
Beginning at the Southwest corner of Lot 70 of said Tract No. 2959;
thence north, along the west line of said Lot 70, a distance of 244.47
feet to the northwest corner of said Lot 70; thence eut, a distance ot
110 feet to the northeast corner at Lot 71 at said tract; thence south,
along the east line at said Lot 71. a distance at 244 teet to the
Southwest corner at Lot 30 at said Tract No. 2959; thence east, a
distance of 154.68 feet to the southeast corner of said Lot 30: thence
south, a distance of 40 feet; thence west, a distance 154.44~feet and
continuing westerly, a distance of 119.91 teet ~re or less, elOUl the
south lines of said lots 70 and 71 and along the arc ot a'curve concave
Gortheesterly, to the point of beginning.
Containing appr"oxiaately 415 acres.
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RESOLUTION NO. 89-329
A RESOLUTION OF THE CITY OF SAN BERNARDINO DEttRMINING THAT LESS
THAN FIFn' PERCENT PROTESTS HAVE BEEN FILED AND APPROVING ANNEXATION NO.
340. (LAFCO 2541) FOR THE TERRITORY GENERALLY LOCATED SOUTH OF RIALTO
AVENUE. WEST OF TIPPECANOE AVENUE AND DETACHMENT FROM CSA 38, CSA 70 AND CSA
SL-1.
WHEREAS, pursuant to the provisions of the Cortese-Knox Local
Government Reorganization Act of 1985, Division 3. co..encing with section
56000 of the California Government Code. proceedings were initiated by the
Common Council of the City of San Bernardino, to annex to the City of San
Bernardino, certain contiguous uninhabited territory hereinafter described;
and
WHEREAS, a Landowner in the proposed annexation has requested
annexation to the City of San Bernardino to receive extended urban services;
and
WHEREAS. the Local Agency Formation Co.ission has set forth the
following terms and conditions in its Resolution No. 2208 :
"Condition No. 1. The conducting authority for this
proceeding shall be the City Council of the City of San Bernardino.
"Condition No.2. The boundaries are approved as set forth
in Exhibit "A" attached.
"Condition No.3. The following distinctive short form
designation shall be used throughout this proceeding: LAFC 2541.
"Condition No.4. Pursuant to the provisions of Government
Code Section 56161. the conducting authority is required to provide
individual notification to property owners within the affected territory.
"Condition No.5. Included in the City's resolution
depicting final action shall be the detachment of County Service Area 38.
County Service Area 70. and County Service Area SL-1 without split of assets
or tiabit i ty .
07-25-89
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ANNEXATIO~ OF THE TERRlTOlt1: :,uL.lli Ur ldALfu A\i:..~L. _"'''I ur IU'I""'I..".'Ul:. ",,:..,'-'"
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1 "Condition No.6. The date of issuance of the Certificate
2 of Co~letion shall be the effective date of this annexation.
WHEREAS. a public hearing was set for the 21st day of August,
1989. at the hour of 10:00 am in the Council Chambers of City Hall. 300 N.
"D" Street. San Bernardino. California. and the slllle was the day, hour dIld
place designated where any and all persons owning land within the territory
proposed for annexation may file a written protest with the City Clerk.
prior to the conclusion of said hearing; and
WHEREAS. all owners of land within the territory proposed for
annexation. and all affected agencies were notified by alIil of said hearing
pursuant to the provisions of California Government Code Section 56161.
NOW THEREFORE BE IT RESOLVED BY TIlE MAYOR AND COMlfON COUNCIL OF TIlE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That pursuant to Section 57050 of the California
Government Code. a hearing was held on the day. and at the time and place as
set forth hereinabove. and less than fifty percent protests were filed by
the conclusion of said hearing.
SECTION 2. Said territory herein described as Annexation No. 340.
designated as LAFCO 2541. is hereby annexed and incorporated in and made a
part of the City of San Bernardino.
SECTION 3. The territory herein referred to as being annexed to
the City of SlID Bernardino is more particularly described as follows:
That portion of Lot 16, Block 45. Rancho San Bernardino.
as per IIllp recorded in Book 7, page 2 of maps, in. the
office of the County Recorder County of SlID
Bernardino. State of California and All of Tract No.
2354. as per aap recorded in Book 33 of ~aps. 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 SlID
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ANNEXATION O~~ TERRITORY SOUTH OF RIALTO AV~, WEST OF TIPPECANOE AVE~u~
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 Rial to 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.
Containing 21 acres, more or less.
SECTION 4. The above described territory will be subject to
taxation equally with the property within such municipal corporation.
SECTION 5. The regular County Assessment Roll is utilized by the
City of San Bernardino.
SECTION 6. The property herein annexed is declared to be a part
of Ward 1 and the boundaries of Ward 1 are hereby altered to include said
annexed territory, zoned as RU-1 (Residential Urban).
SECTION 7. The area included in the above annexation is hereby
detached from County Service Area 38, Improvement Zones G and L of County
Service Area 38, County Service Area 70, Improvement Zone A of County
Service 'Area 70, and County Service Area SL-l. without split of assets or
liability.
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ANNEXATION OF THE TERRITORY SOUTH OF RIALTO AVENL, wEST OF TIPPECAhOE AVE~LE
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by
the Mayor and Common Council of the City of San Bernardino at a
Regular
meeting thereof held on the
day
21A~
of
AU2USt . 19~. by the following vote. to-wit:
AYES: Council Meabers Reillv. Flores. Maudslev. Pope-Ludlam
Miller
NAYS: Minor
ABSENT: Estrada
""'.Pl~n;'4~04 {h
City ClerK
The foregoing resolution is hereby approved this 24th
day of
Ansn...
, 19..8ll..-'
For
Approved as to fora
and legal content:
JAMES F. PENMAN
City A orney
"9
07-25-89
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John C01 11~l'lIIHeers.Ine.
RE('C''',-- -" " --
I JL ,.'.-. . . T '-:1' I
Builders 0/ Serrano Homes
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september 4, 1990
The Honorable Mayor and city council
city of San Bernardino
300 North "0" Street
San Bernardino, CA 92418
Re: Proposed Annexation Pursuant to Resolution Number 90-342
Set for City Council Hearing on September 5, 1990 at
10:00 a.m.
Honorable Mayor and city Council:
Please be advised that I am one (If the landowners in the
above-mentioned annexation proje<lt. The status of m:y project
is that I have an approved and recorded Final Map wh~ch was
~rocessed through the County of San Bernardino. My problem
~s that under the proposed annexation, we would lose
approximately sixty (60) units and possibly encounter
numerous other as yet unknown stumbling blocks that we would
not encounter if we stayed in the County. Because of these
problems, I hereby request a continuance of the hearing on
Resolution 90-342 in the above-mentioned proposed annexation.
The purpose for continuance will be to resolve and possibly
enter into an Annexation Agreement with the city of San
Bernardino together with a ~ossible amendment to the general
plan. I believe that the m~nimum amount of time necessary
for continuance is six months and therefore request
continuance for that length of time. If the continuance is
granted, it will allow us time to meet with cit:y Planners and
Engineers and resolve the problems associated w~th
annexation.
We have invested years of effort and many thousands of
dollars in getting our Map to its present stage and stand
to be severely impacted, economically, if these problems are
not worked out. We would obviously be better off to stay in
the County rather than annex if most of the problems are not
resolved.
If you have any questions, please feel free to call or write.
VERY TRULY YOURS,
JOHN C. HEERS, INC.
w~lim~.UZ~
Chief Executive Officer
gS
",,,n,, t"'""I..., nr t"'nltnn ~..Iifnrni.. Q?~24. Phone 1714\ 824-3250 Fax17141824-1205
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CITY OF
San Bernardino
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DEPARTMENT OF PLANNING AND lUlL DING IERVICES
LARRy E REED
DIRECTOR
August 31, 1990
Mr. William R. Heers
Serrano Homes
1450 East Cooley Drive
Colton, CA. 92324
RE: Multi-family project (384 units) located at the north-
east corner of I-10 and Richardson Street
Dear Mr. Heers:
After reviewing the material and plans you submitted
regarding the above referenced project on August 13, 1990,
with Principal Planner John Montgomery, I have the following
comments.
1. The property is designated as Medium-Residential, RM in
the city's General Plan adopted June 2, 1989. This
property is not presently within the City limits, but is
within the City's Sphere of Influence. The density of
mUlti-family projects allowed in the RM designation is
14 dwelling units per gross acre.
2. The project proposed is not consistent with the adopted
General Plan. A General Plan Amendment, a reduction in
density, or becoming a vested, existing project are
three alternatives which would resolve the inconsistency
issue.
3. I am unaware of any procedure, which would allow the
City to accept the review and approval of a project by
the County. It was indicated to Mr. Montgomery that you
knew of other cities that had followed this procedure.
If you desire to pursue this approach, it would be
appropriate for you to provide any evidence of when and
where this had occurred, along with a letter outlining
this issue to the City Attorney's Office for a
determination of the legality of this approach.
de:;--
300 NORTH O' STREET, SAN BERNARDINO,
C A L I FOR N I A 9 2 of 1 8 . 0 0 0 1 (7 1 4) a I 4 . . 0 7 1 110 I 7
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Mr. William R. Beers
August 31, 1990
Page 2
If you have any questions regarding these comments, please
give me or John Montgomery a call at (714) 384-5057.
Sincerely,
~r:-~
~r~. Reed, Director
Planning and Building Services
LER/das
SERRANOBOMESWRH
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