HomeMy WebLinkAbout13-Development Services
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES FUNK, Director
Dept: Development Services
('
V'i.,,-
Subject: Resolution making application to the
. . 1 Local Agency Formation Commission ---
I , .. ,...Connection to City's Sewer System for Property
Located Outside of City Boundaries - 4180
North "E" Street.
File No.12.0IA-04
MCC Date: 04-15-2002
Date: March 19,2002
Synopsis of Previous Council Action:
09-02-1997 - Policy relative to connection to the City's sewer system of properties located
outside of City boundaries was adopted.
Recommended Motion:
Adopt Resolution
~~
James Funk
Contact person: LASZLO "Les" FOGASSY
Phone: 5026
Supporting data attached: Staff Report, Maps, Res. Ward: 5
FUNDING REQUIREMENTS: Amount: $1,000 (Processing fee paid by applicant)
Source: (Acct. No.) 001-000-4780-0000
(Acct. Description) Misc. Engineering Receipts
Finance:
Council Notes:
iZ.~,lJ. Jt::J::P; - \ 0(:,
Agenda Item No.
-13
LJI/5/0d-
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Resolution making application to the Local Agency Formation Commission --- connection to
City's sewer system for property located outside of City boundaries - 4180 North "E" Strreet.
BACKGROUND:
On January 24, 2002, this office received a request from the property owner of the property
located at 4180 North "E" Street to connect to the City's sewer system. The property is located in
an unincorporated island located in the northerly part of the City, as shown on the attached map.
The property owner is proposing to build four single family units.
On September 2, 1997, a policy was adopted by the Council regarding water and sewer
connections of unincorporated properties to the City's system. The policy requires the property
owner receiving such services to enter into an Irrevocable Agreement to Annex, in the event that
the City initiates annexation of the area at a later date. Pursuant to Section 56133 of the
California Government Code, City services outside of City boundaries require approval from the
Local Agency Formation Commission (LAFCO).
The City has an 8" sewer main located within 320 feet of the property. The property owner will
be responsible for extending the sewer to his property and pay all necessary connection and
hookup fees. The Water Department has indicated adequate sewer capacity to provide the
requested services. The $1,000 non-refundable processing fee has been paid and the property
owner will be responsible for paying all LAFCO fees relative to this request.
The attached Resolution authorizes the submittal of an application by the City to LAFCO, as
required by law, a copy of which is attached as Exhibit "A" to the resolution.
FINANCIAL IMPACT:
None. Applicant has paid the required processing fee of $1,000 and will be required to pay all
appurtenant LAFCO fees and sewer connection fees if approved.
RECOMMENDATION:
Adopt Resolution.
I ·
. I
I
I I
j
I
I-
W
W
0::
I-
en
I -Ii
:C.
1-8
co'"
~
I
j
i
1
133~lS "H,,--~-
.'!! ! 133~lS .,3,. Hl~ON
:~I
....
~I
Gj
o.
5;1
"E.
el
".
col
c'
t'l! -Ii
I b
-.-.--.
;;;
,
I
,
I
,
I
,
I
I-
W
W
0::
I-
en
I
["
"t:l
co
~
e
'-'
<(
>..;
Q..
,
I
,
I
o
Z
N
~
I
,
I
,
__ I
-t-
II
cO
u:i . s:
o
>.,....
~ Q)
<..> ~
. <1>
CX)C/)
o(/)z
~WO
CO-
0:::-1-
~~~
ZW(/)
0:::(/)>-
WI-I-
mZO:::
ZWW
~:2:Q..
Cl)Q..O
u..OO:::
O-JQ..
>W-J
....><(
_WW
UOO:::
;"
"
--o-
N
..,.
o
<I:
,....
o
N >-
,.... 0::
o (3
z z
W :J
...J 0
U. lXl
>-
I-
()
o
Z
0"
0:: en
:it <(:J
~ ti ~
o WZ
() lXl ~
U. Z 0
::s <(:c
en en
.6Z~
.rz~
0::
"W
Z~
_W
I-en
en>-
WI-
:J-
O()~
WOW
O::I-t)
>-Z>-
~oen
WI-
c...<">
OW
o::Z
c...Z
o
()
li
~
VI
.
W
.
~
.....
C\I
cO
~
CI)
'-'
~
r:::
CO
'-'
::J
.Q
::J
C/)
133~lS .d" Hl~ON -----=
(
o :
f- :W
>- ....--.
ZO:::f-IO
OOUf- I
f-LL 0:::
U LLO~
W20Z~
ZW I
Zt;WOLO
O>-O~lO
Ulf)lf)'<tN
f- 0
~eJ6~z
LL~ wo..
W>--<(
f-lf)f-O:::'--"
If) 0:::<(
Wlf)WOf-
:J- o..ZW
O>-O:JW
Wf-o:::O~
o:::uo..rnlf)
I
.i I
0:: I
I W I
i ~ I 22
W I ~ ~
! en I
I >- I
I I- I
I () I
i 0.. :,t:
Z en t;,
I -:J I<.
o :c '.t
0:: I- .
<( Z .:.; I
ti ~ ~.~
WO.~
lXl:c ,...
Z C/) f; f;
<(z-o-o
en<(22
: 00:: gj '"
co.::::::'-~
UU
r~.!
nr~
~~
~
.
.
.
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
~(Q)[?V
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 4180 NORTH "E" STREET.
WHEREAS, Buffalo Land, LLC is the owner of property in unincorporated territory
located at 4180 North "E" Street, also know as Assessor's Parcel No. 0265-181-01, and;
WHEREAS, said owner 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; and
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 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
03/19/02
1
~o..18
ills-Au
e
e
RESOLUTION MAKING APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION
1 FOR THE CONNECTION OF UNINCORPORATED PROPERTY LOCATED AT 4180 NORTH "E"
STREET TO THE CITY'S SEWER SYSTEM
2
3 system for property located at 4180 North "E" Street, known also as Assessor's Parcel No. 0265-
4
5
6
7
8
9
10
11
12
13
14
15
16
181-01, more fully described in said application, a copy of which is attached hereto as Exhibit "A"
and made a part hereof.
SECTION 2. That the Mayor of said City is hereby authorized and directed to execute on
behalf of said City, an Irrevocable Agreement to Annex No. 2002-01, a copy of which is attached
as Exhibit "I" of said application, upon approval of said application by the Local Agency
Formation Commission.
SECTION 3. 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/
/1/
17 / / /
18
19
20
21
22
23
24
25
26
e 27
28
03/19/02
. 2
r-~
e
e
e
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 LOCATED AT 4180 NORTH "E"
STREET TO THE CITY'S SEWER 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
meeting thereof
held on the
day of
,20_, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
LIEN
MCGINNIS
DERRY
SUAREZ
ANDERSON
MCCAMMACK
City Clerk
The foregoing resolution is hereby approved this
day of
,20_
JUDITH V ALLES, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
Bcr-1
031l9/02
1
I~
.
3
.
.
.
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
(909) 384-5026
PHONE:
CONTRACTING PARTY:
NAME OF
PROPERTY o\VNER:
Buffalo Land LLC
MAILING ADDRESS:
3120 Main Street. Alhambra. CA 91801
PHONE:
(909) 883-8947 Ext 17
ADDRESS OF PROPERTY
PROPOSED FOR CONTRACT
4180 North "E" Street, San Bndo, 92407
CONTRACT NUMBER/IDENTIFICA TION:
Irrevocable Agreement to Annex No. 2002-01
PARCEL NUMBER(S)
0265-181-01
ACREAGE:
.92 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"
!
.
e
.
Extension of Service by Contract
Application Form
I.
(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.)
Service Agreement/Contract provides for a non-revocable agreement to annex this
parcel to the City. Annexation now would not straighten out boundaries in this area.
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, abutting City boundary on the North side of the property.
2
e
e
e
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 four single family homes
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
e
e
e
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 hiter repayment.
The City of San Bernardino presently has an 8" sewer main in 48th Street, approximately
320' from the property proposed to be connected. Property owner will extend the main
at their costs.
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:
c>tN71:0
Laszlo F~SY
Date: 3 ~ .r):; C{ '7 _
. /
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.
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
.
LAFCO SC#
IRREVOCABLE AGREEMENT TO ANNEX
No. 2002-01
THIS AGREEMENT, entered into this day of
20 ; by and between BUFFALO LAND LLC
referred to as "OWNER," and the CITY OF SAN BERNARDINO,
corporation, hereafter referred to as "CITY."
, hereinafter
a municipal
WITNESSETH:
WHEREAS, OWNER holds title to the unincorporated parcel(s), located at,
4180 North "En Street. San Bernardino. 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) 0265-181-01 ; and
WHEREAS, this (these) parcel(s) is (are) within the Zone oflnfluence 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 oflnfluence.
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 "1"
IRREVOCABLE AGREEMENT TO ANNEX NO.
2002-01
LAFCO SC#
e
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.
e
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 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 form Agreement (Sewer Connection and Service)
with CITY stipulating the terms and conditions under which the connection
shall be made and maintained.
e
IRREVOCABLE AGREEMENT TO ANNEX NO.
2002-01
LAFCO SC#
e
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.
e
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed by their respective officials thereunto duly authorized.
BUFFALO LAND LLC
CITY OF SAN BERNARDINO
By:
By
Mayor
Title:
ATTEST:
City Clerk
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
e
.
.
.
EXHIBIT "I-A"
The north 252 feet of Lot 5, Arrowhead Suburban Farms, as per plat record'.:d in Book 21 of
Maps, Page 2, records of the County Recorder of San Bernardino County, State of California.
EXCEPTING therefrom the south 123 feet.
I ·
" I
I
, I
i ~
i
I-
W
w
0:::
I-
C/)
I -Ii
I-
1-8
co'"
'<:t
I
,
!
I
.L33~lS "H,,---I-- On
'" I .L33~lS ..3.. Hl~ON - ..
I
-.-.- -
"'0 I
co
:c- o
S: I
e I-
'" W
<:( W
"-' 0:::
r I-
C/)
I
0
I
,
I
0
Z
N
'<:t
I
,
I
,
___ I
--l-
ii
a:i
uj .S
o
.0"-'
.- Ql
03::
. Ql
coC/,)
<Xl
~i -~-
0
.6~1 N
-J" .,..-
~I ,ru
0j
0"
.s,
1: L--
<!l'
EI
,," ~
I ~
". ii5
, -H
.
'1 " ~ ~
;:; <Xl
~ .c
, t
"' 0
0 co
I ~ eJg
......
, N ~
I ,,-
a:i
, ~
lI)
::: -
~
t::
co
'"
::J
..0
::J
C/,)
~,. ,
&!l
.L33~lS ..:1" Hl~ON -----=
(
0:::
c>W
zS:
_w
I-C/)
C/)>-
WI-
::l-
OO~
wow
0:::1-1-
C/)
>-z>-
I-OC/)
0:::-
~b
OW
o:::Z
n.Z
o
o
oU)z
~wO
CO-
0::-1-
.-of'>O
"",o::w
zwu)
O::U)>-
WI-I-
aJZO::
ZWw
<(~o...
000...0
LLOO::
O.....Jo...
W
>>.....J
t-W<(
-ow
U 0::
"
o
<
~
o
N >-
~ 0:::
o ~
Z Z
W ::l
....J 0
L.1. III
>-
I-
()
o
Z
o ..
0:::C/)
j:!i <(::l
'-' Z I
C/) 0::: I-
o wZ
() III s:
L.1. zO
:s <( I
C/)C/)
:
W
------
I~
1-0
n::1
O~
z~
I
l[)
<.D
N
0
Z
0...
<(
'-"
I-
W
W
0:::
I-
U1
CD
C;;
Cl
.
o
I-
>-
Zn::1-
00-
I-u...U
U",u...
W-",O
ZW
Zl-WO
0U10CO
>- - ~
UU1(f)"<!-
I-
n::n::::)1
OWO(f)
u...3!: W
W>--
I- I-n::
(f)U1n::<C:
WU1WO
::)- O-Z
O>-O::l
WI-n::O
n::UO-O)
,
"
! I
1 ""'
. 0::: I ....
! w I ,~
! s:: 2
1 w I 8
I" C/) I
>- I
I" I- I
1 () I
i 0..
I. Z C/)
-::l
DI
0::: I- -t'
<( Z 'J
z..
0::: s: 'i::
wO ....\
III I .. ..
ZC/)~~
<(Z"O-o
C/) - Ql Ql
= <( rn 10
CO "'" ~ Ql
.:::: () U
-
N
{f'~.!! :
nr=~
~~
~
E--
l-I
~
l-I
==
~
~
e
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. 2002-1
2. Property Owner:
Buffalo Land. LLC
3. Property Address:
4180 North "E" Street, San Bernardino. CA 92407
4. Service to be provided:
Connection to Sewer System
5. Service to be provided as follows:
Property owner will applv for sewer connection services
through the normal permit process now in effect bv the City for City residents. All applicable
fees will be paid for bv the property owner.
e
e
EXHIBIT "3"
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): '-t -15 ,oCT Item # -J.3
Vote: Ayes~ Nays
Change to motion to amend original documents:
Resolution # :;J.. 00;;2 - i O~
Abstain Absent
Reso. # On Attachments: L Contract term:
Note on Resolution of Attachment stored separately: ~
,...
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
Date Sent to Mayor: .l} -II tl - I);;).
Date of Mayor's Signature: ..q-Ik-c:,.:;l
Date of Clerk/CDC Signature: .l\ -n -0 ~
Date Me
t for Signature:
See Attached:
See Attached:
See Attached:
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITV Personnel Folders (6413, 6429, 6433,10584,10585,12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distribu7e to:
City Attorney .
Parks & Rec.
Code Compliance Dev. Services L
Police Public Services Water
Notes:
NulllVoid After:
By: lJc..$ rvb<\5.S~11 fJU,Ej.J <Co6YlE:2..-
I
Reso. Log Updated:
Seal Impressed: V
Date Returned: -
Ves I No By_
Ves N'j By_
Yes No By_
Ves No By_
Ves No By_
EDA
Finance
MIS
Others:
BEFORE FILING. REVIEW FORM TO ENSURE ANV NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.)
Ready to File: M'
Date: 4 -( 'i -() ?--
Revised 0 I / \2/0 I