HomeMy WebLinkAbout2004-0041
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RESOLUTION NO. 2004-4
RESOLUTION OF THE CITY OF SAN BERNARDINO MAKING APPLICATION
TO THE LOCAL AGENCY FORMATION COMMISSION FOR PROVIDING CITY
SEWER SERVICES TO PROPERTY WITHIN UNINCORPORATED TERRITORY
LOCATED AT THE SOUTHWEST CORNER OF PORTER STREET AND CALIFORNIA
STREET (APN: 0268-291-16).
WHEREAS, Alejandro Martinez and Adriana Martinez, owners of the vacant parcel in
unincorporated territory located at the southwest corner of Porter Street and California Street,
Assessor's Parcel No. 0268-291-16, have requested connection to the City of San Bernardino's
sewage system; and
WHEREAS, said property is located within the City of San Bernardino's Sphere of
Influence; and
WHEREAS, on September 9, 1997, the City of San Bernardino adopted Resolution No.
97-275, establishing a policy relative to the connection of unincorporated properties to the City's
sewage system;
WHEREAS, pursuant to California Government Code Section 56133, a city or district
may provide new or extended services by contract or agreement outside its jurisdictional
boundaries subject to approval from the Local Agency Formation Commission; and
WHEREAS, pursuant to said City's policy relative to the connection of unincorporated
properties to the City's sewage system, the property owner(s) requesting connection to the City's
sewage system shall pay all applicable fees required by the Local Agency Formation Commission;
and
12/03/03
2004-4
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RESOLUTION MAKING APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION
FOR THE CONNECTION OF UNINCORPORATED PROPERTY LOCATED AT THE SOUTHWEST
CORNER OF PORTER STREET AND CALIFORNIA STREET TO THE CITY'S SEWAGE SYSTEM
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the Mayor and Common Council of the City of San Bernardino hereby
make application to the Local Agency Formation Commission for the connection to the City's
sewage system for property located at the southwest corner of Porter Street and California Street,
Assessor's Parcel No. 0268-291-16, more fully described as follows:
The North 105 feet of Lot 99, Tract No. 2243, recorded in Book 32 of Maps, Pages
21 and 22, records of the County of San Bernardino, State of California.
SECTION 2. That the Director of Development Services, or his designee, is hereby
directed and authorized to file an Application for Extension of Service by Contract, a copy of
which is attached hereto as said Exhibit "A" and made a part hereof, with the Local Agency
Formation Commission of the County of San Bernardino.
SECTION 3. That the Mayor of said City is hereby authorized and directed to execute on
behalf of said City, an Irrevocable Agreement to Annex No. 2003-02, a copy of which is attached
as Exhibit "A-l" of said application, upon approval by the Local Agency Formation Commission.
SECTION 4. That the City Clerk of said City is hereby authorized and directed to file, or
cause to be filed, a certified copy of this resolution with the Executive Officer of the Local Agency
Formation Commission.
12/03/03
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2004-4
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RESOLUTION MAKING APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION
FOR THE CONNECTION OF UNINCORPORATED PROPERTY LOCATED AT THE SOUTHWEST
CORNER OF PORTER STREET AND CALIFORNIA STREET TO THE CITY'S SEWAGE SYSTEM
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a joint regular meeting thereof
held on the 5th day of January , 20 04 , by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA x
LONGVILLE x
MCGINNIS x
DERRY x
SUAREZ x
ANDERSON x
MCCAMMACK x
fieA
City lerk
The foregoing resolution is hereby approved this day of January , 20 04
Approved as to form
and legal content:
.TAMES F. PENMAN
City Attorney
By:
3/03 3
I VALLES, Mayor
San Bernardino
2004-4
APPLICATION FOR
EXTENSION OF SERVICE BY CONTRACT
AGENCY TO EXTEND SERVICE:
AGENCY NAME: City of San Bernardino
CONTACT PERSON: Laszlo "Les" Fogassy
ADDRESS:
PHONE:
CONTRACTING PARTY:
NAME OF
PROPERTY OWNER:
MAILING ADDRESS:
PHONE:
ADDRESS OF PROPERTY
PROPOSED FOR CONTRACT
CONTRACT NUMBER/IDENTIFICATION:
PARCEL NUMBER(S)
ACREAGE:
300 N. "D" Street, San Bernardino, Ca 92418
(909)384-5026
Alejandro Martinez & Adriana Martinez
2824 Glenview Avenue, San Bernardino, 92407
(909)880-3892
Vacant parcel located at the southwest corner of
Porter Street and California Street
Irrevocable Agreement to Annex No. 2003-02
0268-291-16
12,180 S.F.
The questions that follow are designed to obtain enough data about the proposed contract to allow the
Commission and staff to adequately assess the service extension. By taking the time to fully respond
to the questions below, you can reduce the processing time for this application. You may include any
additional information that you believe is pertinent. Use additional sheets where necessary.
Exhibit "A"
2004-4
Extension of Service by Contract
Application Form
1. (a) List type of service(s) to be provided by this contract.
Sanitary Sewer
(b) Are any of the services identified above "new" services to be offered by the
agency? If yes, please provide explanation.
No existing sewer services to this property
2. Please provide a description of the service agreement/contract. (Included in this
description should be an explanation as to why a jurisdictional change is not possible
at this time and whether this extension is an emergency health and safety situation.)
Property contiguous to City boundaries. Property owner will be required to execute
a non-verbal agreement to annex.
3. Is annexation of the territory by your agency anticipated at some future time?
Please provide an explanation.
There are no immediate plans for annexation.
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2004-4
Extension of Service by Contract
Application Form
4. Is the property to be served within the Agency's sphere of influence?
Yes
5. If the service extension is for development purposes, please provide a complete
description of the project to be served.
Service request is due to a proposed development of a single-family dwelling unit.
6. Has an environmental determination been made for this contract? If yes, provide a
copy. If no, please provide an explanation.
N/A
7. Are there any land use entitlements involved in the project or contract? If yes,
please provide a copy of the documentation for this entitlement. Please check those
documents attached:
Tentative Map and Conditions 0
Subdivision Map or Parcel Map 0
Specific Plan 0
General Plan Amendment 0
Rezoning 0
Other, (provide explanation below) 0
N/A
2004-4
Extension of Service by Contract
Application Form
8. Please provide a detailed description of how services are to be extended to the
property. Your response should include, but not be limited to, an explanation of
distance for connection to existing infrastructure to site, the cost of improvements,
how financing is to occur, and any special financial arrangement for later repayment.
The City of San Bernardino presently has a 24" sewer main in Porter Street, and a 15" sewer
main in California Street. Both streets are adjacent to the parcel requesting the connection.
CERTIFICATION
I hereby certify that the statements furnished above and in the attached exhibits present
the data and information required for this evaluation of service extension to the best of my
ability, and that the facts, statement and information presented herein are true and correct
to the best of my knowledge and belief.
CITY OF N BERNARDINO
SIGNED BY:�
Fogassy
POSITION TITLE: Real Property Supervisor
REQUIRED EXHIBITS TO THIS APPLICATION
1. Copy of the agreement.
2. Map showing the property to be served, existing agency boundary, and the location of
infrastructure to be extended.
3. Plan for providing service signed by official of contracting agency.
Please forward the completed form and related information to:
Local Agency Formation Commission
175 West Fifth Street, Second Floor
San Bernardino, CA 92415-0490
PHONE: (909) 387-5866
FAX: (909) 387-5871
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2004-4
LAFCO SC#
IRREVOCABLE AGREEMENT TO ANNEX
No. 2003-02
THIS AGREEMENT, entered into this day of
20 ; by and between ALEJANDRO MARTINEZ & ADRIANA
MARTINEZ , hereinafter referred to as "OWNERS," and the CITY OF SAN
BERNARDINO, a municipal corporation, hereafter referred to as "CITY."
WITNESSETH:
WHEREAS, OWNERS hold title to the unincorporated parcel, located at the southwest
corner of Porter Street and California Street (APN: 0268-291-16), San Bernardino,
California, and parcel is more fully described as follows:
The North 105 feet of Lot 99, Tract No. 2243, as per plat recorded in Book 32 of Maps,
Pages 21 and 22, records of the County of San Bernardino, State of California.
Assessor's Parcel Number 0268-291-16: and
WHEREAS, this parcel is within the Zone of Influence of CITY; and
WHEREAS, OWNERS desire to obtain sewer service for said parcel; and
WHEREAS, sewer service could be provided to said parcel by connecting to the
CITY'S sewage system; and
WHEREAS, CITY'S sewage system and wastewater treatment plant have
sufficient capacity to convey and treat the sewage generated by said parcel; and
WHEREAS, CITY is willing to allow connection of this unincorporated parcel to
its sewage system, due to the expectation that said parcel will be annexed to the City of
San Bernardino at some future date, due to the fact that the parcel is within CITY'S Zone
of Influence.
WHEREAS, the covenants and conditions set forth herein shall create an
equitable servitude upon the parcel, and shall be fully binding upon OWNERS' heirs,
successors and assigns.
Exhibit "A-V
2004-4
IRREVOCABLE AGREEMENT TO ANNEX NO. 2003-02 LAFCO SC#
NOW, THEREFORE, the parties hereto agree as follows:
SECTION 1: OWNERS Agree - -
a. To grant irrevocable consent to annex to the City of San Bernardino at such
time as the annexation may be properly approved through appropriate legal
proceedings, and OWNERS do further agree to provide all reasonable
cooperation and assistance to the CITY in the annexation proceedings. Said
cooperation is contemplated to include signing any applications of consent
prepared by the CITY, and submitting any evidence reasonably within the
control of OWNERS to the various hearings required for the annexation.
Said cooperation does not include, however, any obligation on behalf of
OWNERS to institute any litigation of judicial proceeding whatsoever to
force the annexation to the City of San Bernardino.
b. To pay such annexation fees and costs and other municipal charges as would
ordinarily be charged in the annexation of property to the CITY. Said fees
shall be payable when the same becomes due and payable. (In some
circumstances, these fees may be borne by CITY.)
C. To pay all fees and charges and make all deposits required by the CITY to
connect to and use the sewer, and further agree to be bound by all CITY
ordinances, rules and regulations respecting the sewage system.
d. To acknowledge that execution of this Irrevocable Agreement to Annex is
on behalf of all future heirs, successors and assigns; and that said Agreement
shall be irrevocable without written consent of CITY.
e. To comply with Chapter 13.32, of the San Bernardino Municipal Code
relating to discharge of materials into CITY'S sewage system.
f. Allow CITY to make application on behalf of the Owners to the Local
Agency Formation Commission (LAFCO), and pay all application fees, for
approval to connect to CITY'S sewage system, pursuant to Section 56133 of
the Government Code.
g. To execute a standard form Agreement (Sewer Connection and Service)
with CITY stipulating the terms and conditions under which the connection
shall be made and maintained.
2004-4
IRREVOCABLE AGREEMENT TO ANNEX NO. 2003-02 LAFCO SC#
SECTION 2: CITY Agrees —
a. To allow OWNERS' parcel, described hereinbefore, to connect to the City
of San Bernardino's sewage system, subject to payment of all applicable
fees and permits.
SECTION 3: Be it mutually agreed, as follows:
a. City Clerk for CITY shall record this agreement with the County Recorder.
b. The benefit to the subject parcel will inure to the benefit of subsequent owners,
their heirs, successors, and assigns, and the agreements, conditions, and
covenants contained herein shall be binding upon them and upon the land.
C. The approval granted to connect said parcel to City's Sewage is contingent
upon OWNERS securing approval from the Local Agency Formation
Commission.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed by their respective officials thereunto duly authorized.
OWNERS
By:
Alejandro Martinez
By:
Adriana Martinez
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
CITY OF SAN
ATTEST:
V 1
CitylClerk