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HomeMy WebLinkAbout39-Public Works C!'rY OF SAN BERN~DINO - REQUES.yeOF{COUNCIL ACTION - From: ROGER G. HARDGRAVE, Director Subject: Public hearing lO:OO a.m. and Resolutio ordering Annexation No.355 for the Annex ation of the territory generally locate East of Lena Road, South of 3rd Street . ( LAFCO 2713) Dept: Public Works (Engineering Date: June 29, 1992 Synopsis of Previous Council action: 03/16/92 Authorization to proceed was given. 04/06/92 Resolution No. 92-l22 was adopted, determining amount of property tax transfer from County to City. 06/15/92 -- Resolution No. 92-217, 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 of the territory generally located East of Lena Road, South of 3rd Street, designated LAFCO 2713, is hereby closed. 2. Adopt Resolution cc: Shauna Clark, City Administrator James Penman, City Attorney Andy Green, Director of Finance Contact person: Les Fogassy Phone: 5334 Supponing data attached: Staff Report,Reso1ution Ward: 1 FUNDING REQUIREMENTS: Amount: $598.00 Source: (Acct. No.! 001-302-53007 (Acct. Descriotionl Filing Fees Finance: ~ JQ, ----- Council Notes: 75-0262 Agenda Item No 3 q C;TY OF SAN BERNODINO - REQUEST ~ COUNCIL ACTION , ... STAFF REPORT On March 13, 1992, authorization was given to proceed with the proposed annexation of the area generally located East of Lena Road, South of 3rd Street, as a result of a petition for annexation filed with LAFCO by the registered voters residing in the proposed area. This petition was filed as a result of the residents desiring City services, particularly water services. The area is currently served by Cardiff Farms Mutual Water Company, which has a history of poor service and water quality. The costs of installing a new water system will be paid for partially by County Community Development Block Grant funds, with the remainder of funds being provided by the Inland Valley Development Association. On April 6, 1992, Resolution No. 92-122 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 approved the proposed annexation. On June 15, 1992, Resolution No. 92-2l7 was adopted, setting a hearing for July 20,1992, regarding the proposed annexation. The attached resolution, making a determination and ordering the annexation, should be adopted only if protests are filed and received by less than 25% of the property owners or less than 25% of the registered voters residing in the area proposed for annexation. 15-0264 '~ o Q ~ 1"\ '. j [ I ~I,~ I iO \ Q.ll' I ' l ~ ( (fr.k.,(""!! "( I \ -0"1 ( . , ~ -ro' I~. I,l) Jj );, \ , I -~ \-i ; 1:1:.11! :.. ,I . ~ (.. 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" , , ~J ~i ," 0" r>' ". !~ 'I ii ~ =1 ~h o :; 1 2 3 4 5 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 ORDERING ANNEXATION NO. 355 (LAFCO 2713) FOR THE TERRITORY GENERALLY LOCATED EAST OF LENA ROAD AND SOUTH OF 3RD STREET AND DETACHMENT FROM CSA 38, CSA 70 AND CSA SL-1 AND IMPROVEMENT ZONES THEREOF. WHEREAS, pursuant to the provisions of the Cortese-Knox Local 6 Government Reorganization Act of 1985, Division 3, commencing with section 7 56000 of the California Government Code, proceedings were initiated by the 8 Common Council of the City of San Bernardino, to annex to the City of San 9 Bernardino, certain contiguous inhabited territory hereinafter described; 10 and 11 WHEREAS, landowners in the area proposed for annexation have filed 12 a petition for annexation to the City of San Bernardino with the Local 13 Agency Formation Commission of San Bernardino County, to receive extended 14 urban services; and 15 WHEREAS, the Local Agency Formation Commission has set forth the 16 following terms and conditions in its Resolution No. 2378 17 "Condition No. 1. The conducting authority for this 18 proceeding shall be the City of San Bernardino. 19 "Condition No.2. The boundaries are approved as set 20 forth in Exhibit "A" attached. 21 "Condition No.3. The following distinctive short form 22 designation shall be used throughout this proceeding: LAFCO 27l3. 23 "Condition No.4. All previously authorized charges, 24 fees, assessments and/or taxes currently in effect by the City of San 25 Bernardino (annexing agency) shall be assumed by the annexing territory in 26 the same manner as provided in the original authorization pursuant to 27 Government Code Section 56844(c). - 28 07/10/92 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION DETERMINING PROTESTS AND ORDERING AN~TION NO. 355 ,,"". 1 l~ ..~ 1 2 3 "Condition No.5. The date of issuance of the Certificate of Completion shall be the effective date of this annexation. "Condition No.6. The conducting authority is required 4 to provide notification pursuant to the provisions of Government Code 5 Section 57025(c)." WHEREAS, a public hearing was set for the 20th day of July, 1992, at the hour of 10: 00 am in the Counci I 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 mailing, publication and posting of a "Notice of Public Hearing" pursuant to the provisions of California Government Code Section 57025. BE IT RESOLVED BY TIlE MAYOR AND COMMON 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 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, Qy the conclusion of said hearing. SECTION 2. Said territory herein described as Annexation No. 355 06/29/92 2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLlITION DETERMINING PROTESTS AND ORDERING ANNf.,f(ATION NO. 355 ~.,~ ~ 1",/ _, .1 1 designated as LAFCO 2713, is hereby annexed and incorporated in and made a 2 part of the City of San Bernardino. 3 SECTION 3. The territory herein referred to as being annexed to 4 the City of San Bernardino is more particularly described in the Exhibit 5 6 7 8 9 10 11 nAn, attached hereto and incorporated by reference as though fully set forth in length. 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 12 of Ward 1 and the boundaries of Ward 1 are hereby altered to include said annexed territory, and has a designated land use of CG-1 (Commercial General) and IL (Light Industrial) and is 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, and 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-1, without split of assets or liabi li ty . SECTION 8. The City Clerk of the City of San Bernardino shall mail, or shall cause to be mailed, a certified copy of this Resolution to the Executive Officer of the Local Agency Formation Commission. II I / / I I I / I 06/29/92 3 RESOLUTION D~,INING PROTESTS AND ORDERING ANN,~TION NO. 355 ,,,.....1 '0","# 1 I HEREBY CERTIFY that the foregoing resolution was duly adopted Qy 2 the Mayor and Common Council of the City of San Bernardino at a 3 4 meeting thereof held on the day of , 19_____, Qy the following vote, to-wit: 5 Council Members: 6 ESTRADA 7 REILLY 8 HERNANDEZ AYES NAYES ABSTAIN ABSENT 9 10 11 12 13 14 15 16 17 18 19 20 21 22 MAUDSLEY MINOR POPE-LUDLAM MILLER City Clerk The foregoing resolution is hereQy approved this day of , 19_____ W . R. HOLCOMB, Mayor City of San Bernardino 23 Approved as to form and legal content: 24 JAMES F. PENMAN, 25 City Attorney 26 By: Jb.t~i.~ 27 {/ 28 06/29/92 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o ,,", - LEGAL DESCRIPTION FOR PROPOSED ANNEXATION NO 355 TO THE CITY OF SAN BERNARDINO (LAFCO 2713) That portion of Cardiff Fa~s No. 2 Tract 2523, as per plat recorded in Book 36 of Haps, page 18, records of the County of San Bernardino, State of California, described as follows: Beginning at the intersection of the centerlines of Ria1to Avenue and Lena Road. said point also being on the Corporate City Limit Line of the City of San Bernardino; thence Northerly, along the centerline of said Lena Road, and along said Corporate City Limit Line, to an an angle point in said City Limit line; thence continuing along said centerline, and leaving said Corporate City Limit Line, to the centerline of 3rd Street; thence Easterly, along the centerline of said 3rd Street, to the centerline of Tippecanoe Avenue; thence Southerly, along the centerline of said Tippecanoe Avenue, a distance of 4l.25 feet; thence, Easterly, along a straight line, a distance of 25 feet more or less, to the Southeast corner of Tippecanoe Avenue and 3rd Street, said point also being on the Corporate City Limit Line of the City of San Bernardino; thence Southerly, along the East line of said Tippecanoe Avenue, to the Easterly prolongation of the centerline of Rialto Avenue; thence Westerly, along said Easterly prolongation and the centerline of said Rialto Avenue and said City Limit Line, to the Point of Beginning. Containing 62.12 Acres, MIL 06/29/92 EXHIBIT "A"