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ORIGINAL
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 - 4136 Mountain Drive
Dept: Development Services
Date: January 26, 2006
File No. 12.0IA-09
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.
MCC Date: 02-21-06
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 4136
Mountain Drive;
AND
Ek-
2. Adopt Resolution.
James Funk
Contact person: Jeanne'marie Fitzpatrick
Supporting data attached: Staff Report/Map/Reso
FUNDING REQUIREMENTS: Amount: $1,000
Phone: 5328
Ward: N/A (Btwn. 5th and 4th Wards)
Source: (Acct. No.) Processing Fee
(Acct. Description)
Finance:
Council Notes:
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Agenda Item No.
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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 - 4136 Mountain Drive
BACKGROUND:
On September 26,2005, this office received a request from Starlight Mgrnt - 17, LP, owner of
property located at 4136 Mountain Drive, for connection to the City's sewer system. The
property is located in an unincorporated area adjacent to City boundaries, generally north of
Kendall Drive and east of 41h Street. This property, which currently has a three bedroom single
family residence located on it, is in the process of being subdivided into four additional
residential (single-family) lots.
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 a $1,000 City
processing fee. Additionally, the petitioner will pay all LAFCO related fees directly to LAFCO
and the normal sewer capacity and hook-up fees. The policy also requires the land use to be
consistent with the City's General Plan and 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
- there is a ten inch pipe that runs along 4151 Street, intersecting with Mountain Avenue. The
Planning Department has indicated that the proposed land use is consistent with the City's
General Plan. 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.
Upon approval by LAFCO, the Irrevocable Agreement to Annex will be executed between the
City and 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 and sewer hook-up fees will be paid by the
applicant.
RECOMMENDA nON:
Staff recommends that authorization be given to proceed with the proposed sewer hook-up and
that the attached Resolution making application to LAFCO be approved.
_San_ B"rnardmo: ~A. 2005-2006 - 0265-151-10-0000. Sheet 1 of 1
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RESOLUTION NO.
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 4136 MOUNTAIN DRIVE.
WHEREAS, Starlight Mgmt - 17, LP, a California Limited Partnership, which is the owner
of property located in unincorporated territory located at 4136 Mountain Drive, Assessor's Parcel
No. 0265-151-10, 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
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 4136 Mountain Drive, Assessor's Parcel No. 0265-151-10,
more fully described as follows:
~D. d..d---
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01/30/06
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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 4136 MOUNTAIN DRIVE
All that certain real property situated in the County of San Bernardino, State of California,
described as follows:
The south one-half of the north one-fifth of Lot 19 and the south one-half ofthe north two-
fifths of Lot 19, Arrowhead Suburban Farms, Tract "A", in the County of San Bernardino,
State of California, as per plat recorded in Book 21 of Maps, Page 6, Records of said
County.
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. 2006-01, 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.
/1/
01/30/06
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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 4136 MOUNTAIN DRIVE
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
, 20_, by the following vote, to wit:
held on the day of
NAYS
ABST AIN ABSENT
Council Members: AYES
ESTRADA
LONGVILLE
MCGINNIS
DERRY
KELLEY
JOHNSON
MCCAMMACK
City Clerk
day of
,20
The foregoing resolution is hereby approved this
Approved as to form
and legal content:
JAMES F. PENMAN
City AttorntY
By:
01/30/06
JUDITH V ALLES, Mayor
City of San Bernardino
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3
APPLICATION FOR
EXTENSION OF SERVICE BY CONTRACT
AGENCY TO EXTEND SERVICE:
AGENCY NAME:
City of San Bernardino
CONTACT PERSON:
leanne'marie E. Fitzpatrick
PHONE:
300 N. "D" Street, San Bernardino, Ca 92418
(909) 384-5328
ADDRESS:
CONTRACTING PARTY:
NAME OF
PROPERTY OWNER:
Starlight Management-17, LP, A California
Limited Partnership
4900 Santa Anita, Suite 2B, El Monte, CA 91731
MAILING ADDRESS:
PHONE:
(213) 200-8119
ADDRESS OF PROPERTY
PROPOSED FOR CONTRACT
4136 Mountain Drive, San Bernardino, CA
92407
CONTRACT NUMBER/IDENTIFICA nON:
Annex. No. 2006-01
PARCEL NUMBER(S)
0265-151-10
ACREAGE:
1.25 acres (54,528 square feet)
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.
1.
(a)
List type of service(s) to be provided by this contract.
Sanitary Sewer
EXHIBIT "A"
Extension of Service by Contract
Application Form
(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. City presently offers City sewer to City
residents and those outside the City by previous agreement.
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 not contiguous to City boundaries. Property owner will be required to execute
a written 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.
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.
Property is in the process of being subdivided into four additional residential (single
family lots) which is consistent with the City's General Plan.
2
Extension of Service by Contract
Application Form
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
Other, (provide explanation below)
[]
rl
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N/A
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 10" sewer pipe in 4151 Street which is
approximately 380 feet south of the property and a 10" sewer pipe in Fourth Avenue
which is ilpproximiltely )00 feet west of the property
3
Extension of Service by Contract
Application Form
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:
POSITION TITLE:
Real Property Specialist
DA TED:
January 6, 2006
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:
KATHLEEN ROLLINGS-MCDONALD, 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
City of San Bernardino
Development Services Department
Extension of City Services by Contract
Plan for Providing Service
1. Contract / Agreement Reference:
Irrevocable Agreement to Annex No. 2006-01
2. Property Owner:
Starlight Management-17, LP, A California Limited Partnership
3. Property Address:
4136 Mountain Drive, San Bernardino, 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 residential use. All applicable
fees will be paid for by the applicant.
LAFCO SC#
IRREVOCABLE AGREEMENT TO ANNEX
No. 2006-01
THIS AGREEMENT, entered into this day of
20 ; by and between STARLIGHT MANAGEMENT-I?, LP A
CALIFORNIA LIMITED PARTNERSHIP , hereinafter referred to as "OWNERS,"
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 4136
Mountain Drive, San Bernardino County, California, and parcel is more fully described
in Exhibit "1" attached hereto and made a part hereof.
Assessor's Parcel Number(s) 0265-151-10 ; and
WHEREAS, said parcel is within the Sphere oflnfluence ofClTY; 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 said 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
Sphere 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-1"
IRREVOCABLE AGREEMENT TO ANNEX NO.
2006-01
LAFCO SC#
NOW, THEREFORE, the parties hereto agree as follows:
SECTION 1: OWNER Agrees -
a. To grant in-evocable 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.
c. To pay all fees and charges and make all deposits required by the CITY for
connection to and use of CITY'S 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
necessary for approval to connect to CITY's sewage system, pursuant to
Section 56133 of the Government Code.
g. To execute a standard forn1 Agreement (Sewer Connection and Service)
with CITY stipulating the tenns and conditions under which the connection
shall be made and maintained
IRREVOCABLE AGREEMENT TO ANNEX NO.
2006-0 I
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 pernlits.
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 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.
OWNER:
CITY OF SAN BERNARDINO
STARLIGHTMGMT-17, LP, A
CALIFORNIA LIMITED PARTNERSHIP
By:
JUDITH V ALLES, Mayor
By:
ATTEST:
City Clerk
Approved as to fonn
and legal content:
JAMES F. PENMAN
City Atto~lley /
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By: " i /1.[[1.../ U.// {.. \... LI.(:: { ~ hJ-
J
Legal Description
APN: 0265-151-10
All that certain real property situated in the County of San Bernardino, State of
California, described as follows:
The south one-half of the north one-fifth of Lot 19 and the south one-half of the
north two-fifths of Lot 19, Arrowhead Suburban Farms, Tract "A", in the County
of San Bernardino, State of California, as per plat recorded in Book 21 of Maps,
Page 6, Records of said County.
Approximate Area: 1.25 Acres
EXHIBIT "1"
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
M,o;., n." (D.., Adf,d)' ~_ 'rem'
Vote: Ayes 0 Nays
Change to motion to amend original documents 0
\Py- ~d-- ') 1116 L1 C7
Resolution #t?"OU - 1 D
Abstain Absent ~ 7
Companion Resolutions
NulIIVoid 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: J,. ) -7 (OJ;
Date of Mayor's Signature: ? r n( Ob
Date of Clerk/CDC Signature:
Reso. Log Updated: 0'
Seal Impressed: ~ ~
Reso. # on StaffReportfi
Date Memo/Letter Sent for Signature:
I" 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):
YesL
No By_
No -LBy__
No~BY_
No~~
No~By_
Yes
Yes
Yes
Yes
Copies Distributed to:
Animal Control
City Administrator
City Attorney
Code Compliance
Development Services
Others:
o
EDA
o
o
o
o
o
Information Services
Parks & Recreation
Police Department
Public Services
o
o
o
o
o
o ~ Facilities
~ Finance
o Fire Department
~ L 3) Human Resources
)~cI-
Water Department
Notes:
Ready to File: _
Date:
Revised 12/18/03