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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES FUNK, Director
Subject: Authorization to Proceed and Resolution
Making Application to the Local Agency Formation
Commission for Sewer Services Outside City
Boundaries - vacant parcel located at the southwest
corner of Porter Street and California Street.
File No. 12.0IA-08
MCC Date: 12-15-2003
Dept: Development Services
Date: December 3, 20Q R , G' N A L
Synopsis of Previous Council Action:
09/29/97 m Resolution 92-275 was adopted, approving a policy relative to connection of
unincorporated properties to the City's sewage system.
Recommended Motion:
I. That the Director of Development Services be authorized to initiate proceedings for the
provision of City sewer services outside of City boundaries for property located at the
southwest corner of Porter Street and California Street;
AND
2. Adopt Resolution.
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Contact person: EILEEN GOMEZ
Supporting data attached: Staff Report/Map/Reso
FUNDING REQUIREMENTS: Amount: $1,000
Ward:
Source: (Accl. No.) 001-000-4780
(Accl. Description) Processing Fee
Finance:
Council Notes:
l2cCSo -:t!oZCO it - <\
Agenda Item No. -#) i
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Authorization to Proceed and Resolution Making Application to the Local Agency Formation
Commission for Sewer Services Outside City Boundaries - vacant parcel located at the
southwest comer of Porter Street and California Street.
BACKGROUND:
On October 22, 2003, this office received a request from Alejandro and Adriana Martinez,
owners of the property located at the southwest corner of Porter Street and California Street, for
connection to the City's sewer service. The property is located in an unincorporated area
adjacent to City boundaries. The owners of this property are proposing to construct a single-
family dwelling on this vacant parcel. The Planning Division has indicated that this request is in
compliance with the City's General Plan for land use in that area.
In 1994, the California Government Code Section was amended by the addition of Section
56133, which requires the Local Agency Formation Commission (LAFCO) to approve the
provision of new City services outside its corporate boundaries. The annexation of single parcels
is not desirable since it creates uneven boundaries and creates confusion regarding the delivery
of other City services. In September of 1997, the City adopted a policy relative to the providing
of sewer services outside of City boundaries. The policy includes the payment of $1 ,000 in
addition to all LAFCO fees and the normal sewer capacity and hook-up fees. The policy also
requires the property owner to execute an "Irrevocable Agreement to Annex" in the event that
this property is included in an annexation proceeding sometime in the future.
The Water Department has indicated that there is adequate sewer capacity to serve this property
and the applicant has paid the $1,000 processing fee. LAFCO requires that the application be
made by the Agency that is to provide the service. The attached Resolution makes application to
LAFCO and has been attached for your action. If approved, the applicant will be required to pay
all applicable LAFCO fees.
The attached resolution authorizes the submittal of a formal application by the City to LAFCO,
as required by law, a copy of which is attached as Exhibit "A" to the resolution. Upon approval
by LAFCO, an Irrevocable Agreement to Annex will be executed between the City and the
applicant. The applicant will be required to complete the normal processing required for sewer
connection, including City inspection and payment of the normal connection fees associated with
providing sewer services, including sewer capacity fees, which have already been paid for by the
applicant.
FINANCIAL IMPACT:
The $1,000 processing fee has been paid by the applicant to cover the City's cost for the
proceedings and all applicable LAFCO fees will be paid by the applicant.
RECOMMENDATION:
Staffrecommends that authorization be given to proceed with the proposed sewer hook-up and
that the attached Resolution making application to LAFCO be approved.
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RESOLUTI~~
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
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12/03/03
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RESOL1JTION 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 SEW AGE SYSTEM
BE IT RESOL VED 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 teet 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
14 which is attached hereto as said Exhibit "A" and made a part hereof, with the Local Agency
15 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-I" 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.
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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
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20 The foregoing resolution is hereby approved this
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
,20_, by the following vote, to wit:
Council Members: A YES
NAYS
ABSTAIN ABSENT
ESTRADA
LONGVILLE
MCGINNIS
DERRY
SUAREZ
ANDERSON
MCCAMMACK
City Clerk
day of
,20_
JUDITH V ALLES, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
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3/03
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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. "0" Street, San Bernardino, Ca 92418
(909) 384-5026
PHONE:
CONTRACTING PARTY:
NAME OF
PROPERTY OWNER:
Alejandro Martinez & Adriana Martinez
MAILING ADDRESS:
2824 Glenview Avenue, San Bernardino, 92407
PHONE:
(909) 880-3892
ADDRESS OF PROPERTY
PROPOSED FOR CONTRACT
Vacant parcel located at the southwest corner of
Porter Street and California Street
CONTRACT NUMBER/IDENTIFICATION:
Irrevocable Agreement to Annex No. 2003-02
PARCEL NUMBER(S)
0268-291-16
12,180 S.F.
ACREAGE:
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"
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Extension of Serv ice 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. (Induded in this
description should be an explanation as to why tl 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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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
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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.
SIGNED BY:
Date: 1~/S/20'V
N BERNARDINO
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Laszlo Fogassy
POSITION TITLE:
Real Propertv 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 contracti'ng 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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LAFCO SC#
IRREVOCABLE AGREEMENT TO ANNEX
No. 2003-02
THIS AGREEMENT, entered into this day of
20 ; by and between ALEJANDRO MARTINEZ &
MARTINEZ , hereinafter referred to as "OWNERS," and the CITY
BERNARDINO, a municipal corporation, hereafter referred to as "CITY."
ADRIANA
OF SAN
WITNESSETH:
WHEREAS, OWNERS hold titk 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, O\VNERS 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.
III
Exhibit "A-I"
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IRREVOCABLE AGREEMENT TO ANNEX NO.
LAFCO SC#
2003-02
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.
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IRREVOCABLE AGREEMENT TO ANNEX NO.
LAFCO SC#
2003-02
SECTION 2: CITY Agrees-
a. To allow O\VNERS' 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
CITY OF SAN BERNARDINO
By:
Alejandro Martinez
By
Mayor
By:
Adriana Martinez
ATTEST:
City Clerk
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
By: L 7-/~
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