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CI" OF SAN B~RNARD. - REQU"T FOR COUNCIL ActiON
From: Ralph H. Prince
Subject: Annexation - Del Rosa Islands
Dept: City Attorney
Date: March 27, 1986
Synopsis of Previous Council action:
3/13/86
City Attorney and City Clerk were directed to prepare the
necessary documents to call for an election.
Recommemled motion:
Adopt resolution.
/?~ ~~J7'
Signature
Contact person: William Sabourin
Phone: 50';';
FUNDING REQUIREMENTS:
Amount:
SlO.OOO
VVard: 4 & 7
10."1'7
Source: Rl .."I- ; nn B'109<?t
Finance:-IJ IL /'! ~
Supporting data attached: Yes
Council Notes:
75-0262
Agenda Item No. *"'
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2 RESOLUTION OF THE CITY OF SA~ PERNARDINO FINDING THE VALUE
OF WRITTEN PROTESTS AND ORDERING MUNICIPAL ~EORGANIZATION NO.
3 LAFC 2365 CONSISTING OF THE ANNEXATION OF NINE AREAS LOCATED
GENERALLY NORTH OF HIGHLAND BETWEEN WATERMAN ~~D BOULDER AVENUES,
4 SUBJECT TO CONFIRMATION OF VOTERS WITHIN THE AFFECTED TERRITORIES
AND TO THE CONDITIONS CONTAINED IN RESOLUTION NO. 2027 OF THE
5 LOCAL AGENCY FORMATION COMMISSION; CALLING A SPECIAL ELECTION AND
REQUESTING CONSOLIDATION WITH THE GENERAL ELECTION ON NOVEMBER 4,
6 1986.
RESOLUTION NO.
7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
8
9 SECTION 1. Recitals.
10 (A) Pursuant to the Cortese/Knox Local Government
11 Reorganization Act, Government Code Section 56000, et seq.,
12 proceedings were initiated by the rayer and CCffimo~ CCLncil in
13 Resclction Ne. 86-10 o~ Jancary 6, 1986, for the annexation of
14 nine unincorporated areas of inhabited territory which are
15 legally described iE Exhicit "A", which is attached heretc ar.d
16 i~corporated herein as though fully set forth.
17
(R)
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Notice of a hearing on the ~rcpcsed annexations to be
18 ~eld on March 1~, 1986 in the City Council Chambers at City Hall,
19 ::00 iiorth "D" Street, in the City of San Bernardino at 9:00 a.D.
20 ~as duly published by the City Clerk, together with notice that
21 pretests could be ::1ed .ith the City Clerk by any owner of land
22 cr registered voter within the territories rroposed for
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231:rnexatien.
24 I (C) A hearing er protests he<vine been held as net iced en
25 ~13rch 13, 1986, it is determir.ed that at least twenty-five
26 percer~ (25%) but less than fi:ty percent (50%) of the registered
27 \"oters resid'.ng \.;it};'.!"; the affected te;-ritory have fileci written
28 p;-otests against the enEexation.
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1 (D) Pursuant to Government Code Section ~7075, an election
2 shall be called and held on the question of whether this
3 munici~al reorganization shall be confirmed.
4 SECTION 2. Value of Written Protests.
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51 The value of tpe written potests filed up un t i I the clese
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of the hearing en March 13, 1986, is at least 25'% but less than
7 fifty percent (50%; of the registered voters residing within tre
8 terri tories tc be annexed.
9 ~EC1ION 3. Annexation Ordered.
10 Subject to confirmation of the vcters within the affected.
11 territor), anpexation of the uninccrporated areas legally
12 de~cribed in Exhibit "A" attached hereto. is hereby ordered. P.
13 map showing the areas to be annexed is attached heretc as Exhibit
14 "B" and ir.corporated herein as though fully set forth. Fursuant
15 to Condition Nc. 4 of LAFCO Resolution No. 2027, the effective
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date of this municipal reorganization shall be the date of
issuance of the Certificate of Completion. This reorganization
18 shall be subject to the conditions contained in LAFCO Resolution
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No. 2027 and the following finding:
(A) The amount of property tax revenues to be exchanged
21 between the County and the City resulting from the jurisdictional
22\change shall be settled pursuant to Resclution
23 Mayor and Common Counc i 1 .
24 SECTION 4. Special Election Called.
25. A special election is called and will ~e h~ld on Tuesday,
No. 86-3i of the
26 November 4, 1986, in those unincorporated areas legally described
27 ir. Exhil:it "A" heretc ar.d shewn on the map attached as t'xhibit
28' liE" heretc fer the {:-uq.OS2 of submitting to tre registered Ycte!s
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1 within said areas, for their approval or disapproval, the order
2 adopted on March 13, 1986 by the Mayor and Common Council of the
3 the City of San Bernardino ordering the annexation to said City
4 of the territories described in said order and designated as LAFC
5 2365. The order shall be confirmed if approved by a majority of
6 the voters voting thereon.
i SECTION 5. Request for Consolidation.
8 Pursuant to Sectio.n 23302 of the Elections Code, the Mayor
9 and Common Council of the City of San Bernardino request that the
10 Board of Supervisors of the County of San Bernardino consolidate
11 the City's special annexation election with the general election
12 to be held on November 4, 1986.
13 SECTION 6. Measure.
14 The measure to be voted on at the special municipal election
15 as it is to appear on the ballot shall be as follows:
16
17 CITY OF SAN BERNARDINO
ANNEXATION MEASURE
YES
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20 Shall the resolution adopted on March 13,
1986 by the Mayor and Common Council of
21 the City of San Bernardino ordering the
annexation of described unincorporated NO
22 teni tories designated as LAFC No. 2365
be confirmed?
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24 The measure shall be designated on the ballot by a letter
25 printed on the left margin of the square containing the
26 description of the measure as provided in the Elections Code of
27 the State of Cal ifornia.
28, SECTION 7. Canvass of Returns by Board of Supervisors.
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1 The Board of Supervisors of the County of San Bernardino is
2 hereby authorized to canvass the returns of the special
3 annexation election called by this resolution and to conduct the
4 special election and the consolidated election of the County of
5 San Bernardino in all respects as if there were only one election
6 with only one form of ballot. Results of the election shall be
i certified to the Mayor and Common Council of the City of San
8 Bernard ino.
9 SECTION 8. Notice of Election.
10 Pursvant to Section 57131 of the Government Code, the City
11 Clerk is hereby directed to publish a notice of the annexation
12 election which shall contain the following:
13 (A) The date of the election;
14 (B) That the last day for receipt of primary arguments for
15 or against the measure has been established as 4:30 p.m. on
16 August 5, 1986
, in the City Clerk's Office, Second
Ii I Fl oor, City Ha 11, 300 North "D" Street, San Bernard ino, CA;
18 I (C) That the last day for receipt of rebuttal arguments is
1914:30 p.m. on August 12, 1986 ,in the City Clerk's Office at
20 the above location j
21 (D) A statement of the proposition to be voted on and a
22 general description of the boundaries of the territories to be
23 anne-xed as set forth in Exhibits "A" and "B" hereto;
24 II (E) That the Mayor and Common Council or any member
25 authorized by Councilor any registered voter or bona fide
26 association of citizens entitled to vote on the proposal is
27 invited to submit and file with the City Clerk for printing and
281distribution in the ballot pamphlet an argument for or against
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] the proposal; and
2 (F) That only one argument for and one argument against
3 shall be selected by the City Clerk and printed; that such
4 argument shall not exceed three hundred (300) words in length,
51 shall be accompanied by not more than three (3) signatures, and
6 shall be accompanied by the statement in Section 5350 of the
i Elections Code; and
8 (G) That a majority vote of citizens entitled to vote on
9 the proposition is required for confirmation of the annexation.
10 SECTION 9. Territory, Precincts, and Polling Places for
]] Election.
]2 The special election called by this resolution shall be held
]3 within those nine unincorporated territories described in Exhibit
14 "A" and shown on the map which is Exhibit "B" hereto and shall be
15 held in such precincts and at such polling places as shall be
]6!ldetermined by the Registrar of Voters of the County of San
17 Bernardino. The Board of Supervisors of the County of San
]8 Bernardino is hereby requested to issue instructions to the
191 Registrar of Voters to take all steps necessary for the holding
20 of the consolidated election. The Mayor is hereby authorized to
2]1 execute a contract for the services necessary for conducting the
221 election.
23" SECTION 10. Fil ing by City Clerk With Local Agency
241 Formation Commission and Board of Supervisors.
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The City Clerk is hereby directed to file a certified copy
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of this resolution with the Executive Officer of the Local Agency
Formation Commission of the County of San Bernardino by certified
mail within five (5) days of the adoption hereof. The City Clerk
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1 is further directed to file a certified copy of this resolution
2 with the Board of Supervisors of the County of San Bernard ino and
3 the San Bernardino County Registrar of Voters.
4
I HEREBY CERTIFY that the foregoing resolution was duly
5 adopted by the Mayor and Common Council of the City of San
6 Bernardino at a
meeting thereof,
i held on the
day of
, 1986, by the
8 following vote, to wit:
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16 day of
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AYES:
Counc 11 Member s
NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
, 1986.
Mayor of the City of San Bernardino
191 Approved as to form:
20 ~~) #/y /')
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21 ity ttorney
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