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ORJGJNAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Board of Water Commissioners
Subject: Ratify Approval of Water for
1233 E. 39th Street, Service Outside the
Corporate Limits of the City of San
Bernardino
Dept: Water Department
Date: August 15, 2005
MICC Meeting Date: 09-06-2005
Synopsis of Previous Council Action:
None
Recommended Motion:
Adopt Resolution
~!;f~'t
Contact person: B(>rJ1i11r(l C K~r~~y
PhoJ1e>' 38.4-5m~1
Supporting data attached: yes
Ward' 7
FUNDING REQUIREMENTS: Amount:
none
Source: (Accl. No.)
(A~rt nE''Scriptinn)
Finance:
Council Notes: 'f)i,{}{) d-OCf5 - 300
Agenda Item No. 3 (,
CJ / 11 / D5
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject: Ratify Board of Water Commissioners approval of water service for property located
outside the corporate limits of the City of San Bernardino - 1233 E. 39th Street, APN 027-501-
01-0000
Background: City of San Bernardino Municipal Code S 2.28.030 requires that water and sewer
service outside the corporate limits of the City of San Bernardino shall not be authorized or
approved by the Board of Water Commissioners or its, officers, employees and agents except
with the approval of the Mayor and Common Council.
On August 9th Paul Dolter, District Engineer, East Valley Water District, called to ask assistance
in providing water service from the City of San Bernardino Municipal Water Department to 1233
East 39th Street. The property had been served by East Valley Water District since the property
was developed but the service connection was on Echo Court, a street located south of the
subject property. The property owners had a water service lateral that was placed in the
adjoining property to their lot to get to the service connection on Echo Court. During the first
week of August, the water service lateral collapsed and the property was without water for over a
week when Mr. Dolter called my office.
The residents of the property are an elderly couple, William L. Lloyd and Chong S. Lloyd, both
of whom had strokes within the last month. One of their sons flew here from Korea to try to
assist his parents to get water service established and assist them in getting their financial affairs
taken care of. I met with their son on August 9th to determine if we could provide water service
to the property. He informed me that the cost to put in a new water service lateral through the
adjoining property was going to cost approximately $10,000 and he didn't know if he had the
legal right to install the lateral.
Because of the health and safety issues related to occupying a residence with no water or sewer
service I authorized our crews to establish a temporary connection for the property on
Wednesday and install a permanent connection within the week. Since the Lloyds could not
afford to pay the connection fees and costs at one time I also agreed to allow them to pay the fees
over a twelve-month period.
The City of San Bernardino and East Valley Water District are parties to joint powers
agreements relating to water and sewer services. The agreements layout the exclusive service
areas for each of the parties and provides the ability for one agency to serve a property that is in
the other's exclusive service area with the written consent of the other agency. I received the
written consent to serve 1239 East 39th Street from Bob Martin, General Manager, East Valley
Water District, on August 10, 2005.
On August 23, 2005 the Board of Water Commissioners ratified the actions of the General
Manager to provide water service for the subject property and authorized staff to submit the item
to the Mayor and Common Council to ratify the approval of water service outside the corporate
limits of the City of San Bernardino.
Recommendation: Adopt Resolution.
1
RESOLUTION NO.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO RATIFYING THE ACTION OF THE BOARD OF WATER
COMMISSIONERS TO APPROVE WATER SERVICE FOR PROPERTY OUTSIDE THE
CORPORATE LIMITS OF THE CITY OF SAN BERNARDINO LOCATED AT 1233 EAST
39TH STREET, SAN BERNARDINO, APN 0271-501-01-0000.
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WHEREAS, the City of San Bernardino Municipal Code Section ~ 2.28.030 requires approval
of the Mayor and Common Council for the Board of Water Commissioners or its officers, employees
and agents to authorize or approve water and sewer service outside the corporate limits of the City of
San Bernardino; and
WHEREAS, on August 10, 2005 the General Manager authorized water service for property
located outside the corporate limits of the City of San Bernardino located at 1233 East 39th Street, San
Bernardino based on health and safety concerns for the residents of the property; and
WHEREAS, on August 23, 2005 the Board of Water Commissioners ratified the action of the
General Manager to provide water service to the subject property because of the health and safety
conditions at the property.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
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SECTION 1. That the actions of the Board of Water Commissioners and its General Manager
authorizing and approving water service to property located at 1233 East 39th Street, Assessor Parcel
Number 0271-501-01-0000 are hereby ratified and approved.
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III
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Page 1 of 2
IUD. 3 ~
9/(; / {)5"
1
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO RATIFYING THE ACTION OF THE BOARD OF WATER
COMMISSIONERS TO APPROVE WATER SERVICE FOR PROPERTY OUTSIDE THE
CORPORATE LIMITS OF THE CITY OF SAN BERNARDINO LOCATED AT 1233 EAST
39TH STREET, SAN BERNARDINO, APN 0271-501-01-0000
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5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a
meeting thereof, held on the
7
, 2005, by the following vote, to wit:
day of
8 COUNCIL MEMBERS:
9 ESTRADA
10 LONGVILLE
11 MCGINNIS
12 DERRY
13 KELLEY
14 JOHNSON
15 MCCAMMACK
NAYS
ABSTAIN ABSENT
AYES
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Rachel G. Clark, City Clerk
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The foregoing resolution is hereby approved this
day of
,2005.
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23
Judith Valles, Mayor
City of San Bernardino
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Approved as to form and
legal content:
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JAMES F. PENMAN,
City Attorney
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B~~~~~
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Page 2 of 2
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): C) - ft . Or:; Item #
Vote: Ayes J - 1 Nays
Change to motion to amend original documents 0
2DOC;- - 3(il.-,
Absent
N ull/V oid After:
days/
Resolution # On Attachments: 0
Note on Resolution of attachment stored separately: 0
PUBLISH 0
POST 0
RECORD W/COUNTY 0
By:
Date Sent to Mayor: q .- "7 - (''';;
/
Date of Mayor's Signature: -.9/'b; cS ,
Date of Clerk/CDC Signature: ~... tf.- 0 S
Reso. Log Updated: ~
Seal Impressed: {J /
Reso. # on Staff Report (j
Date Memo/Letter Sent for Signature:
I st Reminder Letter Sent:
Date Returned:
2nd Reminder Letter Sent:
Not Returned: 0
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413,6429,6433,10584,10585,12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Yes-L
NoJ By
NO~/BY_
NO-.!j- By_
No~ By
NoL By_
Yes
Yes
Yes
Yes
Copies Distributed to:
Animal Control 0 EDA
City Administrator ~ Facilities
City Attorney Finance
Code Compliance 0 Fire Department
Development Services 0 Human Resources
Others:
o
o
o
o
o
Information Services
Parks & Recreation
Police Department
Public Services
Water Department
o
o
o
o
[tV/
Notes:
Ready to File: _
Date:
Revised 12/18/03