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- CITY OF SAN BER.&RDINO
File No. 12.01-327
- REQUEST ~R COUNCIL
ACTION
From: ROGER G. HARDGRAVE, Director
Dept: Public Works /Engineering
Date: October 11. 1990
Subject:
Resolution -- Initiate proceedings aD
set a hearing for the proposed annexatic
generally located North of Lynwood Dr
East of Harrison Street. (Annex No. 349,
LAFCO 2632)
Synopsis of Previous Council action:
09-17-90 -- Authorization to proceed was given and Resolution No. 90-392,
determining the amount of property tax revenues to be exchanged
between the City and County of San Bernardino, relative to the
proposed annexation.
10-01-90 -- Resolution No. 90-410 was adopted, setting a public hearing for
October 25, 1990.
Recommended motion:
Adopt Resolution
cc: Shauna Edwins. City Administrator
James Penman. City Attornev
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-Signat~re
Contact person: Les Fogassy
Supporting data attached: Staff Report, Resol ution
Phone:
5334
Ward:
4,7
FUNDING REQUIREMENTS:
Amount: None
Source: (Acct. No.) N/A
(Acct. DescriPtion) N / A
Finance:
Council Notes:
C _//
CITY OF SAN BERNAlDINO - REQUEST .QR COUNCIL ACTION
STAFF REPORT
A petition for annexation was filed with the Local Agency Formation Commission (LAFCO)
by registered .voters residing in the territory generally located North of Lynwood
Drive, East of Harrison .Street.
Authorization to proceed was given and a public hearing was set for October 25. 1990.
A requirement for proper notification is the publication of the resolution at least 15
days before the protest hearing. Inadvertently, the resolution was not published and a
new hearing date must be set.
The attached resolution set a hearing date of November 5, 1990.
URGENCY CLAUSE: The attached resolution needs to be adopted so that the annexation
proceedings may proceed within the required time.
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CITY OF SAN BERNARDINO
- ANNEXATION NO. 349, LAFCO 2632
, - EFFECTIVE DATE:
RESOLUTION NO.:
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO INITIATING PROCEEDINGS
AND SETTING A PUBLIC HEARING FOR THE PROPOSED ANNEXATION OF THE AREA
GENERALLY LOCATED EAST OF HARRISON STREET, SOUTII OF 39111 STREET, WEST OF
MOUNTAIN AVENUE AND NORm OF LYNWOOD DRIVE, DESIGNATED LAFCO 2632.
WHEREAS ,preliminary proceedings for a reorganization (annexation)
were initiated by a petition of registered voters filed with the Local
Agency Formation Commission in the County of San Bernardino for annexation
of certain territory pursuant to the Cortese-Knox Local Government
Reorganization Act of 1985, Division 3, commencing with section 56000 of the
California Government Code; and
WHEREAS said petition was filed by registered voters within the
12 proposed territory for the purpose of receiving municipal services from the
13 City of San Bernardino; and
14 WHEREAS, no City other than the City of San Bernardino is affected
15 by this annexation, and
16 WHEREAS, the proposal is for annexation of the territory described
17 below to the City of San Bernardino. The area is legally inhabited. It has
18 an assessed valuation of $39.229,384.00
19 WHEREAS, the Local Agency Formation Co.ission has set forth the
20 following terms and conditions in its Resolution No. 2288 :
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"Condition No. 1. The conducting authority for this
22 proceeding shall be the City Council of the City of San Bernardino.
23 "Condition No.2. The boundaries are approved as set forth
24 in Exhibit "A" attached.
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"Condition No.3. The following distinctive short form
26 designation shall be used throughout this proceeding: LAFCO 2632.
27 "Condition No.4. The conducting authority is required to
28 provide notice of its hearing in accordance with the provisions of
RESOLUTION INITIATING PROCEEDINGS AND ~ETII A PUBLIC HEARING FOR THE
PROPOSED ANNt"\TION OF THE TERRITORY GE LOCATED EAST OF HARRISON
STREET, SOllTl"ISF 39TH STREET, WEST OF MOUNTAI AVENUE AND NORTH OF LYNWOOD
DRIVE, DESIGNATED LAFCO 2632.
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Government Code Section 57025.
"Condition No.5.
The date of issuance of the Certificate
of Co~letion shall be the effective date of this annexation.
4 WHEREAS, upon completion of the proposed annexation. the following
5 County Service Areas and improvement zones will be detached from the
6 territory to be annexed: CSA 38, CSA 38G. CSA 38L, CSA 70, CSA 70A, and CSA
7 SL-l, without split of assets or liability.
8 WHEREAS, a description of the boundaries for the proposed
9 annexation is as follows: generally located East of Harrison Street, South
10 of 39th Street, West of Mountain Avenue and North of Lynwood Drive, and is
11 more fully described in Exhibit "A". attached hereto and incorporated by
12 reference as though fully set forth in length.
13 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
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SECTION 1. A public hearing will be conducted on Monday, November
5, 1990, to be held in Council Chambers, City Hall, 300 North "D" Street,
San Bernardino, California, at the hour of
, or as soon after
that time as the matter may be heard, to receive, consider and rule upon
written protests to the annexation designated LAFCO 2632.
SECTION 2. At any time prior to the conclusion of the hearing in
the notice given by the clerk, but not thereafter, any owner of land or any
registered voter within inhabited territory proposed to be annexed. may file
a written protest against the annexation. Each written protest shall state
whether it is made by a landowner or registered voter and the name and
address of the owner of the land affected and the street address or other
description sufficient to identify the location of the land or the name and
address of the registered voter as it appears on the affidavit of
registration. Protests may be made on behalf of an owner of land by an agent
10-11-90
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RESOLUTION INITIATING PROCEEDINGS AND ~ETTI A PUBLIC HEARING FOR THE
PROPOSED ANNJtIl\TION OF THE TERRITORY GE LOCATED EAST OF HARRISON
STREET. SOlJTIllIlIfF 39TH STREET. WEST OF HOUNTAI AVENUE AND NORTH OF LYNWOOD
DRIVE. DESIGNATED LAFCO 2632.
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authorized in writing Qy the owners to act as agent with respect to that
land. Protests may be made on behalf of a private corporation which is an
owner of land Qy any officer or employee of the corporation without written
authorization by the corporation to act as an agent in making that protest.
Each written protest shall show the date that each signature was
affixed to the protest. All signatures without a date or bearing a date
prior to the date of publication of the notice shall be disregarded for
purposes of ascertaining the value of any written protest.
SECTION 3. That the City Clerk shall certify to the adoption of
this Resolution and shall cause same to be published in the Sun. a newspaper
published and circulated in the City of San Bernardino. and shall cause a
copy of this Resolution to be posted and mailed as required by Government
Code Sections 56158 .56159. and 57025.
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10-11-90
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state of California )
County of San BErnardino ) SS
City of San Bernardino )
I DO HEREBY CERTIFY that the foregoing Resolution No.
is
a full. true and correct copy of that now on file in this office.
IN WITNESS THEREOF. I have hereunto set my hand and affixed the seal
of the City of San Bernardino. this
day of
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City Clerk
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RESOLUTION INITIATING PROCEEDINGS AND SETTING A PUBLIC HEARING FOR THE
PROPOSED ~ON OF TIlE TERRITORY GE~OCATED EAST OF HARRISON
STREET, SOUTH'" 39TH STREET, WEST OF MOlJNTA:iN~ AND NORTH OF LYNWOOD
DRIVE, DESIGNATED LAFCO 2632.
1 I HEREBY CERTIFY that the foregoing resolution was duly adopted by
2 the Mayor and Co.on Council of the City of San Bernardino at a
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meeting thereof held on the
day
of
, 19_____, by the following vote, to-wit:
ABSTAIN
NAYES
AYES
Council Members:
ESTRADA
REILLY
8 FLORES
9 MAUDSLEY
10 MINOR
11 POPE-LUDLAM
12 MILLER
City Clerk
The foregoing resolution is hereby approved this
day of
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W . R. HOLCOMB, Mayor
City of San Bernardino
Approved as to form
and legal content:
23 JAMES F. PENMAN,
City Attorney
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By:
09-26-90
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LAFCO 2632
ANNEXATION
TO
CITY OF SAN BERNARDINO
That certain island of unincorporated land lying within
Township 1 North, Range 4 West, San Bernardino Meridian in the
County of San Bernardino, State of California, described as
follows:
Beginning at the intersection of the center line of Lynwood
Drive with the Southerly prolongation of the West line of Harrison
Street, said point being on the existing city limits line of San
Bernardino;
Thence North along said city limits line and continuing
along said city limits line, following all of its various courses
to the POINT OF BEGINNING.
contains 194 acres, more or less.
Deputy
/~4A
COUNTY SURVEYOR I S OFFICE
October 2, 1990
EXHIBIT "A"