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. CI,o. OF SAN BERNARDICb - REQUlOTe FOR2'COUNCIL ACQ,N
.
From:
ROGER G. HARDGRAVE. Director
Subject:
Resolution -- Initiate proceedings an(
set a hearing for the proposed annexatioI
generally located South of Central Ave.,
East of Waterman Ave. (Annex No. 351.
LAFCO 2644)
Dept:
Public Works /Engineering
Date:
January 17. 1991
Synopsis of Previous Council action:
12-13-90
Authorization to proceed was given and Resolution No. 90-466.
determining the amount of property tax revenues to be exchanged
between the City and County of San Bernardino. relative to the
proposed annexation.
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Recommended motion:
Adopt Resolution
cc: Shauna Edwins. City Administrator
James Penman. City Attorney
Contact person:
Les Fogassy
Phone:
5334
Supporting data attached:
Staff Report.Resolution
Ward:
1
FUNDING REQUIREMENTS:
Amount:
None
Source: IAcct. No.)
N/A
IAcct. Descriotionl
N/A
Finance:
Council Notes:
7o;,.n""2
Agenda Item NO.~ L
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. CITY OF SAN BERNARDINO
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- REQUEST FOR COUNCIL ACTION
STAFF REPORT
A petition for annexation was filed with the Local Agency Formation
by registered voters residing in the territory generally located
Avenue, East of Waterman Avenue.
Commission (LAFCO)
South of Central
On December 13, 1990, authorization was given to proceed with the proposed annexation.
At that hearing, Resolution No. 90-466 was adopted, determining the amount of tax
transfer between the City and the County, relative to the proposed annexation.
The proposal was approved by LAFCO on December 19, 1990. The City must now
proceedings as conducting authority, and must hold a public hearing relative
proposal.
initiate
to the
The attached resolution, initiating proceedings, sets a public hearing date of
February 16, 1990. All property owners within the proposed area will be notified by
publication of the notice in the Sun, as required by law, and all affected agencies
will be given mailed notice of the hearing.
URGENCY CLAUSE: There are important water issues involved in this annexation and it
is to the City's benefit that we proceed with this proposal in a timely manner.
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28 designation shall be used throughout this proceeding: LAFC 2644.
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RESOLUTION NO.
A RESOLUTION OF THE CITY OF SAN BERNARDINO INITIATING PROCEEDINGS
AND SETI'ING A PUBLIC HEARING FOR THE PROPOSED ANNEXATION OF THE AREA
GENERALLY LOCATED SOUTH OF CENTRAL AVENUE, EAST OF WATERMAN AVENUE,
DESIGNATED LAFCO 2644.
WHEREAS, preliminary proceedings for a reorganization (annexation)
were initiated when a petition by registered voters was filed with the
Executive Officer of 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.
WHEREAS, no City other than the City of San Bernardino is affected
by this annexation, and
WHEREAS, the proposal is for annexation of the territory described
below to the City of San Bernardino. The area is legally inhabited. The land
within the proposed territory has an assessed valuation of $3,079,170, and
improvements are estimated at $4,567,535.
WHEREAS, registered voters in the proposed annexation have
requested annexation to the City of San Bernardino to receive extended urban
services.
WHEREAS, the Local Agency Formation Commission has set forth the
following terms and conditions in its Resolution No. 2307, adopted December
19, 1990 :
"Condition No. 1. The conducting authority for this
proceeding shall be the City Council of the City of San Bernardino.
"Condi tion No. 2. The boundaries are approved as set forth
in Exhibit "A" attached.
"Condition No. 3. The following distinctive short form
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000
RESOLUTION INITIATING PROCEEDINGS AND SETTING A PUBLIC HEARING FOR THE
PROPOSED ANNEXATION OF THE TERRITORY GENERALLY LOCATED SOUTH OF CENTRAL
AVENUE, EAST OF WATERMAN AVENUE (LAFCO 2644).
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"Condition No.4.
The date of issuance of the Certificate
2 of Completion shall be the effective date of this annexation.
3 WHEREAS, upon completion of the proposed annexation, the following
4 County Service Areas and improvement zones will be detached from the
territory to be annexed: CSA 38, CSA 38G, CSA 70, CSA 70A, CSA SL-1, without
split of assets or liability.
WHEREAS, a description of the boundaries for the proposed
annexation is as follows: generally located South of Central Avenue, West of
Tippecanoe Avenue, East of Waterman Avenue and North of the Santa Ana River,
and is more fully described in Exhibit "A", attached hereto and incorporated
by reference as though fully set forth in length.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
SECTION 1. A public hearing will be conducted on Monday, February
18, 1991, to be held in Council Chambers, City Hall, 300 North "D" Street,
San Bernardino, California, at the hour of
t 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 2644.
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 Ilame and
address of the registered voter as it appears on the a~fidavit of
registration. Protests may be made on behalf of an owner of land by an agent
authorized in writing by the owners to act as agent with respect to that
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RESOLUTION INITIATING PROCEEDINGS AND SETIING A PUBLIC HEARING FOR THE
PROPOSED ANNEXATION OF THE TERRITORY GENERALLY LOCATED SOUTH OF CENTRAL
AVENUE, EAST OF WATERMAN AVENUE (LAFCO 2644).
land. Protests may be made on behalf of a private corporation which is an
owner of land by 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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RESOLUTION INITIATING PROCEEDINGS AND SETTING A PUBLIC HEARING FOR THE
PROPOSED ANNEXATION OF THE TERRITORY GENERALLY LOCATED SOUTH OF CENTRAL
AVENUE, EAST OF WATERMAN AVENUE (LAFCO 2644).
I HEREBY CERTIFY that the foregoing resolution was duly adopted by
the Mayor and Common 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
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
City Clerk
The foregoing resolution is hereby approved this
. day of
, 19_
W.R. HOLCOMB, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
By: ~~
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ANNEXATION
TO
CITY OF SAN BERNARDINO
That certain island of unincorporated land lying East of
Waterman 'Avenue, South of Central Avenue, West of Tippecanoe
Avenue and North of Interstate 10, being more particularly
described as follows:
Beginning at the center line intersection of Waterman Avenue
and Pioneer street, said point being also on the existing city
limits line of San Bernardino;
Thence North along said city limits line and continuing
along said line, following all of its various courses to the
LARRY E. COTTON
COUNTY SURVEYOR
CO~NTJ>~OF SN!. BElWARDIO
By. ~.fL.iJ:.~~ Deputy
L. S. No. yo,,;.!>
Date //- 6-~D
OFFICE
POINT OF BEGINNING.
December 4,. 1990
01/17/91
Exhibit "A"