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HomeMy WebLinkAbout35- Public Works File No. 12.01-336 CITY OF SAN BERN"INO - REQUEST FC_` COUNCIL ACTION From: ROGER G. HARDGRAVE, Director Subject: Public hearing 10:00 a.m. and Resolution ordering Annexation No.354 for the Annex- Dept: Public Works /Engineering ation of the territory generally located South of 6th Street, West of Pedley Road Date: June 1, 1993 (LAFCO 2743) Synopsis of Previous Council action: 11-18-91 -- Authorization to proceed was given. 02-01-93 -- Resolution No. 93-24, making application to LAFCO, was adopted. 04-05-93 -- Resolution No. 93-108 was adopted, determining amount of property tax transfer from County to City. 05-24-93 -- Resolution No. 93-159, 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 No. 354, for the territory generally located South of 6th Street, West of Pedley Road, designated LAFCO 2743, is hereby closed. 2. Adopt Resolution cc: Shauna Clark, City Administrator James Penman, City Attorney 1gnature Barbara Pachon, Director of Finance Les Fogassy 5334 Contact person: Phone: Supporting data attached: Staff Report,Resolution Ward: 2 FUNDING REQUIREMENTS: Amount: $650.00 Source: (Acct. No.) 001-302-53007 Acct. Description) Filing Fees Finance: Council Notes: 75.0262 AnPnrin Itam Nn 3r CITY OF SAN BERNA' '3INO - REQUEST FC"4 COUNCIL ACTION STAFF REPORT The public hearing for the proposed annexation was set on May 24, 1993. Two of three property owners within the proposed area have given written consent to the annexation, and the remaining property owner has not filed a protest. It is therefore recommended that the hearing be closed and the attached Resolution ordering the Annexation be adopted. On November 18, 1991, authorization was given to proceed with the proposed annexation of the area generally located South of 6th Street, West of Pedley Road, , as a result of a request received by the City from a property owner within the area proposed for annexation. On February 1, 1993, Resolution No. 93-24 was adopted, making formal application to the Local Agency Formation Committee (LAFCO), and on April 5, 1993, Resolution No. 93-108 was adopted, determining property tax revenues to be exchanged between the City of San Bernardino, and the County of San Bernardino. The annexation was approved by LAFCO on April 21, 1993. Two of the three property owners within the proposed annexation have given their written consent. The third property owner has not filed a protest, and it can therefore be assumed, gives consent to the annexation. All property owners owning land within the proposed territory, and all affected agencies were notified by mail of the hearing. 75-0264 a k � d a K loft" Z U J y OJj W U y1 G C O U O f O C _ ww _TTY J W W a j - WW F ~ -------------- ` w m h m v.• n 8 M �pp yWyp�� s w � � b f t f s � w s � A w QTR O N 71M7M yN nn n F 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO DETERMINING THAT PROTESTS 3 BY PROPERTY OWNERS OWNING LESS THAN FIFTY PERCENT (50%) OF THE ASSESSED VALUE OF THE TERRITORY PROPOSED TO BE ANNEXED HAVE BEEN FILED AND ORDERING 4 ANNEXATION NO. 354 (LAFCO 2743) FOR THE TERRITORY GENERALLY LOCATED SOUTH OF SIXTH STREET, WEST OF PEDLEY ROAD, AND DETACHMENT FROM CSA 38, CSA 38 5 IMPROVEMENT ZONE G, CSA 38 IMPROVEMENT ZONE L, CSA 70, CSA 70 IMPROVEMENT ZONE A AND CSA SL-1. 6 WHEREAS, pursuant to the provisions of the Cortese-Knox Local 7 8 Government Reorganization Act of 1985, Division 3, commencing with section 9 56000 of the California Government Code, proceedings were initiated by the 10 Common Council of the City of San Bernardino, to annex to the City of San 11 Bernardino, certain contiguous uninhabited territory hereinafter described; and 12 13 WHEREAS, a Landowner in the proposed annexation has requested 14 annexation to the City of San Bernardino to receive extended urban services; and 15 16 WHEREAS, the Local Agency Formation Commission has set forth the following terms and conditions in its Resolution No. 2413 17 18 "Condition No. 1. The conducting authority for this 19 proceeding shall be the City Council of the City of San Bernardino. 20 "Condition No. 2. The boundaries are approved as set forth in Exhibit "A" attached. 21 22 "Condition No. 3. The following distinctive short form 23 designation shall be used throughout this proceeding: LAFCO 2743. 24 "Condition No. 4. All previously authorized charges, fees, 25 assessments and/or taxes currently in effect by the City of San Bernardino 26 (annexing agency) shall be assumed by the annexing territory in the same 27 manner as provided in the original authorization pursuant to Government Code Section 56844(c) . 28 06-01-93 RESOLUTION ORDERING ANNEXATION NO. 354 (LAFCO 2743) FOR THE AREA UENERALLY SOUTH OF 6TH STF-"T, WEST OF PEDLEY ROAD. 1 "Condition No. 5. The conducting authority is required to 2 provide individual notification pursuant to the provisions of Government 3 Code Sections 57025(b) and 57025(c) . 4 "Condition No. 6. The date of issuance of the Certificate 5 of Completion shall be the effective date of this annexation. 6 WHEREAS, a public hearing was set for the 21st day of June, 1993, 7 at the hour of 10:00 am in the Council Chambers of City Hall, 300 N. "D" 8 Street, San Bernardino, California, and the same was the day, hour and place 9 designated where any and all persons owning land within the territory 10 proposed for annexation may file a written protest with the City Clerk, 11 prior to the conclusion of said hearing; and 12 WHEREAS, all owners of land within the territory proposed for 13 annexation, and all affected agencies were notified of said hearing by 14 mailing, publication and posting of a "Notice of Public Hearing" pursuant 15 to the provisions of California Government Code Section 57025. 16 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 17 18 SECTION 1. That pursuant to Section 57050 of the California 19 Government Code, a hearing was held on the day, and at the time and place as 20 set forth hereinabove, and protests were filed and received by property 21 owners owning less than fifty percent (50%) of the total assessed value of 22 the area proposed for annexation, by the conclusion of said hearing. 23 SECTION 2. Said territory herein described as Annexation No. 354 24 designated as LAFCO 2743, is hereby annexed and incorporated in and made a 25 part of the City of San Bernardino. 26 SECTION 3. The territory herein referred to as being annexed to 27 the City of San Bernardino is more particularly described in the Exhibit 28 "A" , attached hereto and incorporated by reference as though fully set forth 06-01-93 2 RESOLUTION ORDERING ANNEXATION NO. 354 (LAFCO 2743) FOR THE AREA GENERALLY SOUTH OF 6TH ST--""T, WEST OF PEDLEY ROAD. 1 in length. 2 SECTION 4. The above described territory will be subject to 3 taxation equally with the property within such municipal corporation. 4 SECTION 5. All previously authorized charges, fees, assessments 5 and/or taxes currently in effect by the City of San Bernardino (annexing 6 agency) are assumed by the annexed territory in the same manner as provided 7 in the original authorization pursuant to Government Code Section 56844(c) . 8 The regular County Assessment Roll is utilized by the City of San 9 Bernardino. 10 SECTION 6. The property herein annexed is declared to be a part 11 of Ward 2 and the boundaries of Ward 2 are hereby altered to include said 12 annexed territory, and has a designated land use of RM (Residential Medium) 13 and PF (Public Facility), more particularly shown on the Map of the City of 14 San Bernardino General Plan as it currently exists. 15 SECTION 7. The area included in the above annexation is hereby 16 detached from County Service Area 38, Improvement Zones G and L of County 17 Service Area 38, County Service Area 70, Improvement Zone A of County 18 Service Area 70, and County Service Area SL-1, without split of assets or 19 liability. 20 21 22 23 24 25 26 27 28 06-01-93 3 RESOLUTION ORDERING ANNEXATION NO. 354 (LAFCO 2743) FOR THE AREA GENERALLY SOUTH OF 6TH ST--ET, WEST OF PEDLEY ROAD. I HEREBY CERTIFY that the foregoing resolution was duly adopted by th 1 2 Mayor and Common Council of the City of San Bernardino at a 3 meeting thereof held on the day of 4 19 , by the following vote, to-wit: 5 Council Members: AYES NAYS ABSTAIN ABSENT 6 NEGRETE 7 CURLIN 8 HERNANDEZ 9 OBERHELMAN 10 OFFICE VACANT 11 POPE-LUDLAM 12 MILLER 13 14 City Clerk 15 The foregoing resolution is hereby approved this day of 16 19 17 18 TOM MINOR, Mayor 19 City of San Bernardino 20 21 Approved as to form 22 and legal content: 23 JAMES F. PENMAN, City torney 24 By: 0 7� 25 26 27 28 06-01-93 4 1 LEGAL DESCRIPTION FOR PROPOSED ANNEXATION NO. 354 TO THE CITY OF SAN BERNARDINO, GENERALLY LOCATED SOUTH OF 6TH STREET, WEST OF PEDLEY ROAD. 2 3 'Those portions of Rancho San Bernardino, as per map recorded in Book 7 of Maps, page 7, records of the County Recorder of San Bernardino County, State 4 of California, and Cottage Gardens Tract No. 2345, as per map recorded in Book 33 of Maps, page 52, records of said County , described as follows: 5 6 Beginning at the intersection of the North line of 6th Street, 82.5 feet wide, and the Northerly prolongation of the West line of said Cottage 7 Gardens Tract No. 2345; thence, Southerly, along said Northerly prolongation and said West line to the centerline of 5th Street; thence East, along said 8 centerline, to the centerline of Pedley Road; thence South, along said centerline, to the centerline of Monterey Street; thence West, along said 9 centerline to a line that is 260 feet westerly of , and parallel with the East line of Lot 15, Block 44 of said Rancho San Bernardino; thence 10 Northerly, along said parallel line, to the centerline of 5th Street; thence West along said centerline of 5th Street, to the Southerly prolongation of 11 the East line of the San Bernardino County Flood Control; thence North, along said Southerly prolongation and said East line and its northerly 12 prolongation, to the centerline of said 6th Street; thence East, along said centerline to an angle point on the corporate City limit line of the City of 13 San Bernardino; thence, East, along said Corporate City limit line, and following its various courses and distances, to the Point of Beginning. 14 15 24.36 Acres M/L 16 17 18 19 20 21 22 - 23 n . 24 f, y L 25 26 . ._ . 27 28 nc n. nn 'CWLSLtt wow