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HomeMy WebLinkAbout2001-115 . . "' . , 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 RESOLUTION NO. 2001-115 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 5700 SHELTER WAY (SAN BERNARDINO COUNTY ANIMAL SHELTER). WHEREAS, the County of San Bernardino, which is the owner of property located in unincorporated territory located at 5700 Shelter Way, Assessor's Parcel No. 0262-042-20, has 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, which may be waived in full or in part if requested by said property owners(s) at the discretion of the Commission; and WHEREAS, the property owner(s) requesting said connection have requested a waiver of said Local Agency Formation Commission fees. 04/23/01 I 2001-115 RESOLUTION MAKING APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION FOR THE CONNECTION OF UNINCORPORATED PROPERTY BY SAN BERNARDINO COUNTY ANIMAL SHELTER TO THE CITY'S SEWAGE SYSTEM 1 2 3 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 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 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 5700 Shelter Way, Assessor's Parcel No. 0262-042-20, more fully described in said application, a copy of which is attached hereto as Exhibit "A" and made a part hereof and hereby request, on the behalf of applicant, a waiver of fees by the Local Agency Formation Commission, 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. 2001-01, a copy of which is attached as Exhibit" 1 " 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. /II /II /II 04/23/01 2 2001-115 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 RESOLUTION MAKING APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION FOR THE CONNECTION OF UNINCORPORATED PROPERTY BY SAN BERNARDINO COUNTY ANIMAL SHELTER 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 21st day of May , 200~, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA X LIEN x MCGINNIS x SCHNETZ x SUAREZ x ANDERSON X MCCAMMACK x C~ JJ. CLuJL The foregoing resolution is hereby approved this 22nd day of May ,20~. // Approved as to form and legal content: / JAMES F. PENMAN City Attorney t 3 (.. 2001-115 APPLICATION FOR EXTENSION OF SERVICE BY CONTRACT AGENCY TO EXTEND SERVICE: AGENCY NAME: City of San Bernardino CONTACT PERSON: Laszlo "Les" Fogassy ADDRESS: 300 N, "D" Street, San Bernardino, Ca 92418 PHONE: (909) 384-5026 CONTRACTING PARTY: NAME OF PROPERTY OWNER: County of San Bernardino MAILING ADDRESS: 385 N. Arrowhead Ave, San Bernardino, CA 92415 PHONE: (909) 987-5000 ADDRESS OF PROPERTY PROPOSED FOR CONTRACT 5700 Shelter Way, Devore, CA CONTRACT NUMBERJIDENTIFICATION: Irrevocable Agreement to Annex No. 2001-01 PARCEL NUMBER(S) ACREAGE: 0262-042-20 54 Acres MIL The questions which 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 which you believe is pertinent. Use additional sheets where necessary. EXHIBIT "A" 2001-115 Extension of Service by Contract Application Fonn 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.) Annexation ofthe parcel would create an "irregular" boundary, and would create a substantial island southwesterly of this parcel. 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. However, this area is part of a larger unincorporated area, substantially surrounded by the City of San Bernardino on three sides 2 2001-115 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 expansion of the Devore Animal Shelter 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 3 2001-115 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 improv~ments, how financing is to occur. and any special financial arrangement for later repayment. The City of San Bernardino presently has a 15" sewer main in Cajon Boulevard. The County will install an approximately 1500' lateral across County owner property to the City's main. The County has also indicated that a sewer lift station may also be necessary. All improvements and related costs will be paid for by the County. APPLICANT HAS REQUESTED A WAIVER OF LAFCO PROCESSING FEES. 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. C~p:INO Laszlo ogassy SIGNED BY: Date: i~3/U't1 t POSITION TITLE: Real Property Official 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: JAMES M. RODDY, Executive Officer Local Agency Formation Commission 175 West Fifth Street, Second Floor San Bernardino, CA 92415-0490 PHONE: (909) 387-5866 FAX: (909) 387.5871 4 2001-115 LAFCO SC# IRREVOCABLE AGREEMENT TO ANNEX No. 2001-01 THIS AGREEMENT, entered into this day of 20 ; by and between COUNTY OF SAN BERNARDINO hereinafter referred to as "OWNER," and the CITY OF SAN BERNARDINO, a municipal corporation, hereafter referred to as "CITY," WITNESSETH: WHEREAS, OWNER holds title to the unincorporated parcel(s), located at, 5700 Shelter Wav. Devore. California, and parcel(s) is (are) more fully described in Exhibit "I-A" attached hereto and made a part hereof. Assessor's Parcel Number(s) 0262-042-20 ; and WHEREAS, this (these) parcel(s) is (are) within the Zone ofInfluence of CITY; and WHEREAS, OWNER desires to obtain sewer service for said parcel(s); and WHEREAS, sewer service could be provided to said parcel(s) 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(s); and WHEREAS, CITY is willing to allow connection of this (these) unincorporated parcel(s) to its sewage system, due to the expectation that said parcel(s) will be annexed to the City of San Bernardino at some future date, due to the fact that the parcel(s) is (are) within CITY'S Zone ofInfluence. WHEREAS, the covenants and conditions set forth herein shall create an equitable servitude upon the parcel(s), and shall be fully binding upon OWNER'S heirs, successors and assigns. EXHIBIT "I" 2001-115 IRREVOCABLE AGREEMENT TO ANNEX NO, 2001-01 LAFCO SC# NOW, THEREFORE, the parties hereto agree as follows: SECTION 1: OWNER Agrees -- 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 owner does 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 OWNER to the various hearings required for the annexation, Said cooperation does not include, however, any obligation on behalf of OWNER 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 agrees 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 Owner 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. 2001-115 IRREVOCABLE AGREEMENT TO ANNEX NO, 2001-0] LAFCO SC# SECTION 2: CITY Agrees- a. To allow OWNER's parcel(s), 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(s) 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(s) to City's Sewage is contingent upon OWNER 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. COUNTY OF SAN BERNARDINO BY: By CITY OF SAN BERNARDINO , -j / . . I III' (.;~ "- 1- _...~ '.1 -:- "Mayor / ~TTESt: '"f2~ },,;. C0vLIL '-... City Clerk Approved as to form and legal content: JAMES F. PENMAN City Attorney ..' 2001-115 EXHIBIT I-A That portion of the Muscupiabe Rancho, as per plat thereof recorded in Book I of Maps, page 24 and also in Book 7 of Maps, page 23, records of the County Recorder of San Bernardino County, State of California, and that portion of the Irvington Land and Water Company Subdivision, as per plat thereof recorded in Book I of Maps, page 32, records of said County, lying northeasterly of the Southern Pacific Railroad right of way, described as follows: Commencing at the Southwest corner of unsurveyed Section II, Township I North, Range 5 West, San Bernardino Meridian; thence easterly, along the Southerly line of said Section II, a distance of990 feet; thence North 220 02' 10" West, along said East line, a distance of 171.28 feet; thence continuing along said East line, North 22002' 10" West, a distance of2216.60 feet; thence North 390 01' 30" East, a distance of 4375.74 feet; thence South 50058' 30" East, a distance of286,69 feet to the True Point of Beginning; thence South 39001' 30" West, a distance of 407.46 feet; thence North 750 34'30" West, a distance of 72.5 I feet; thence South 14025' 30" West, a distance of2180 feet; thence South 210 19' 34" East, a distance of 1618,64 feet to a point on a line that is at right angles to Cajon Boulevard (formerly Cajon Highway); thence North 510 31' 00" East to a point on the Southwesterly line of said Cajon Boulevard; thence northwesterly, along said Southwesterly line of Cajon Boulevard, a distance of 60 feet; thence, Southwesterly, at right angles, a distance of 300 feet; thence northwesterly, along a line that is parallel with said Southwesterly line of Cajon Boulevard to the True Point of Beginning. EXCEPTING THEREFROM, Muscoy Groin No, I of the San Bernardino County Flood District. ALSO EXCEPTING THEREFROM, portions of Magnolia Avenue and Oregon Street as vacated by the San Bernardino County Board of Supervisors on December 8, 1980, Resolution No. 80- 279136. ,'. I '. I ) ~ 990' CITY OF SAN BERNARDINO DEVELOPMENT SERVICES PUBLIC WORKS DIVISION Created by: 1.-, Foqa~~y Date: 04/2..5/2.001 " ; T.P.D.B. San Bernardino County Animal Shelter (5700 Shelter Way) ~ SW. Cor SEe 11 TIN.R4W EXHIBIT "2" No Scale Connection to City Sewer System - S8 County Animal Shelter .- 2001-115 City of San Bernardino Development Services Department Extension of City Services by Contract Plan for Providing Service I, Contract I Agreement Reference: Irrevocable Agreement to Annex No. 2001-01 2. Property Owner: Countv of San Bernardino 3. Property Address: 15700 Shelter Wav. Devore. Ca 4. Service to be provided: Connection to Sewer System 5, Service to be provided as follows: Property owner will apply for sewer connection services through the normal permit process now in effect by the City for commercial use. All applicable fees will be paid for bv the applicant EXHIBIT "3"