HomeMy WebLinkAbout18-Development Services• CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
From: Valerie C. Ross, Director Subject: Authorization to Proceed and
Resolution Malting Application to the Local
Dept: Development Services Agency Formation Commission for Sewer
Services Outside City Boundaries - 2900 N.
Date: February 14, 2007 Macy Street.
File No.: 12.O1A-16 MCC Date: Mazch 5.2007
Svnoasis of Previous Council Action:
09/02/97 --- Resolution 97-275 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 fot property located at 2900 N.
Macy Street,
AND
2. Adopt Resolution.
r~~.~~
Valerie C. Ross
Phone: 5226
Staff Report, Application,
Supporting data attached: Map, and Resolution Ward: N/A (Surrounded by 6th Wazd)
Contact person: Ryan Sandoval
FUNDING REQUIREMENTS: Amount: $1,300 (Processing Fee paid by applicant)
Source:
Acct # 001-000-4780-0000
Account Description: Misc. Recovery/ Processing Fee
Finance:
Council Notes:
Agenda Item No. '~
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 - 2900 N. Macy Street.
BACKGROUND:
On November 28, 2006, this office received a request from Mazco A. Quintero, owner of the
property located at 2900 N. Macy Street, for connection to the City's sewer system. The
property is located in an unincorporated residential azea, generally south of Blake Street and
north of Darby Street within the City's sphere of influence. This property is currently served by
septic tank system and the applicant stated that it is in constant need of repair.
In 1994, the California Government Code 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 pazcels 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 provision of sewer
services outside of City boundaries. The policy includes the payment amount of $1,300 for the
City processing fee. Additionally, the petitioner will pay all LAFCO-related fees directly to
• LAFCO and the normal sewer capacity and hook-up fees to the City. 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 10-inch pipe that runs south along Macy Street. The Planning Division has indicated
that the existing land use is consistent with the City's General Plan. LAFCO requires that the
application be made by the agency that is to provide the service. The attached Resolution makes
application to LAFCO.
Upon approval by LAFCO, the Irrevocable Agreement to Annex will be executed between the
City and the applicant.
FINANCIAL IMPACT:
The $1,300 processing fee has been paid by the applicant to cover the City's cost for the
proceedings and all applicable LAFCO fees. The applicant will pay the sewer hook-up fees.
RECOMMENDATION:
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.
•
u
APPLICA"YIUN FUK 5E W ER SEIZV ICES
_ OUTSIDE OF CITY BOUNDARIES
To: City of San Bemardino
Development Services Department, Real Property Section
300 N. "D" Street - 3rd Floor, San Bemardino, CA 9241 g
(9091384-5111
This application is hereby submitted to the City of San Bemazdino, to initiate proceedings for the
connection to the Cit}' Sewer System from my property, which is located outside [he boundaries o(the City of
San Bemardino pursuant to established City policies, a copy of which I have receired and read, and
Govenvnent Code Section 56133. I understand that a 51,300.00 non-refundable processing fee is due at the
time this application is submitted. I further understand that prior to the City submitting an application to the
Local Agency Formation Commission (LAFCO), I will be required to deposit any applicable LAFCO Cees with
the Cit}• (or to be paid directly to LAFCO). Additional LAFCO fees may be due at the conclusion oC the
proceedines, which 1 will be required to pay. 1 may request a waiver o(these fees from LAFCO, based upon an
immediate health and safety problem. In the event that the waiver of all or a portion of the LAFCO fees is
granted by LAFCO, the waived amount will be refunded. I also understand that I will be required to execute an
"]rrevocable Agreement to Annex" in the event [hat my property may be subject to Annexation into the City of
San Bemardino at some future time, if this application is approved. I further understand that sewer capacity and
hook-up fees to the City will be due prior to permit processing. This app/icatioa is being submitted with the
understanding that approval is na guarauteed.
Please submit this application with proof of ownership fCopv of Deed, Title Policy. etc.) alone with
processine fee of 51.300.00 and plat map show•ine locatiop of probem•.
Property Owner(s): '~~1-,c,-. ,t. `.•..~.~•~c.c- .~ }-\..!~\~~. i_ ~.av ~-.:-,~
Mailing Address: .'-\~~' ~-\-~:_ -; "~-~.~i c '-~ "- •~ ti~-'
Property Address: __ ' \o. ; ~~ / `> ; _-, t ^ C'; , ~ ~ • a r ?
Assesso//r's Parcel No(s): 0 Z~ $ ' e4t - 2 3 Tel. No.: °%L~ - ~Si: `i~~ i5
[v'~'`~%tting Development: [ J New Deyelopmept:
[>>~sidential (Single Family). No. Bedrooms: [ ]Residential (Single Family) No. Bearooms_
[ ]Residential (multi Camily). Describe: [ ]Residential (multi-family). Describe:
[ J Commercial/Industrial. Describe: [ ]Commercial/Industrial. Describe:
Note: Far new development and/or additions, please provide a cop}• of the site-play along with a cop}• of
development permit filed with the Coupn• of San Bernardipo.
Additional Comments: FA;]ln - o.~r ~~(,,,,, nc eec~e r..~or.~w.+..,~f l,.,f ~+rvt
[ ] I request a waiver of LAFCO fees based upon the`fol~lowing health and safety urgency:
Date: J~- 2Fr'-O~ ~"'I av~t. /~ CL:;~.t ~~ /G'
SiSmature(s)
FOR CITY USE ONL }'
P-eceived r~: aY c.. b~: - - [. ••[ Receipt No'
Nearest sewer main:
CITY FEES:
Filing: S 1.300.00 Comments:
Capacity:
Connection:
Inspection: Monthly Rate S
TOTAL: S ~ 3o- °'
-r
Rcc. 102006
- - -I
137.]5 % 9625
>u
--. ---
es~.aaa
>:
2.12 AC.
13
2 AC. i 1.1 AL. i 1.11 Ac.
2.37 AC. 2.37 AC.
11 12
I.19 AC.
14
i
~L
I~
r
f'-
w
w
1.1 AC. C
G
15 i
336 _ _ '°'- -
0 ~~I
P,~
sews
VICINITY MAP
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICESbEPARTMENT
~ a REAL PROPERTY SECTION
® Indicates property that is requesting
sewer service.
Proposed City Sewer Hook-up:
Marco A. Quintero & Martha Quintero
2900 N. Macy Street
APN - 0268-041-23
Created by: Ryan Sandoval I Date:1/29/07
11
RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO MAHING APPLICATION
TO THE LOCAL AGENCY FORMATION COMMISSION FOR PROVIDING CITY
SEWER SERVICES TO PROPERTY WITHIN UNINCORPORATED TERRITORY
LOCATED AT 2900 N. MACY STREET.
WHEREAS, Marco A. Quintero and Martha Quintero, the owner(s) of property within
unincorporated territory located at 2900 N. Macy Street, Assessor's Parcel No 0268-041-23, 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
ll
Influence; and
WHEREAS, on September 2, 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
21
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 2900 N. Macy Street, Assessor's Parcel No. 0268-041-23,
more fully described as follows:
02,08,07
`~'La. /g
~~~/d~
1
2
3
4
5
6
7
8
9
10
11
]2
13
14
15
16
1?
18
19
21
22
23
24
25
26
27
28
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 2900 N. MACY STREET.
All that certain real property situated in the County of San.Bemazdino, State of Califomia,
described as follows:
Parcel 2 of Parcel Map No. 10780, in the County of San Bernardino, State of California as
per map recorded in Book 121, Page(s) 62 and 63, of Parcel Maps, records of said County.
SECTION 2. That the Director of Development Services, or her 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 Bernazdino.
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. 2007-03, a copy of which is attached
as Exhibit "A-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.
///
02/08/07 2
1
2
3
4
7
8
9
10
Il
12
13
14
15
1
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 2900 N. MACY STREET.
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
ESTRADA
BAXTER
BRINKER
DERRY
KELLEY
JOHNSON
MCCAMMACK
NAYS ABSTAIN ABSENT
2111
The foregoing resolution is hereby approved this
City Clerk
day of
20
PATRICK J. MORRIS, Mayor
City of San Bernardino
Approved as to form:
~~
27 MES F PENMAN, City Attorney
02/08/07
3
APPLICATION FOR
EXTENSION OF SERVICE BY CONTRACT
AGENCY TO EXTEND SERVICE:
AGENCY NAME:
CONTACT PERSON:
City of San Bemardino
Ryan Sandoval
ADDRESS: 300 N. "D" Street, San Bernardino, Ca 92418
PHONE: (909) 384-5226
CONTRACTING PARTY:
NAME OF
PROPERTY OWNER (S): Marco A. Quintero & Martha Quintero
92407
B
di
2900 N
S
S
M
an
ernar
no,
acy
treet,
.
MAILING ADDRESS:
(909) 880-9035
PHONE:
ADDRESS OF PROPERTY
2900 N. Macy Street, San Bernardino, 92407
PROPOSED FOR CONTRACT
Irrevocable Agreement to Annex No. 2007-03
CONTRACT NUMBER/IDENTIF[CATION:
PARCEL NUMBER(S) 0268-041-23
ACREAGE: 16,928 sq. ft (0.39 AC)
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")
Extension of Service by Contract
Application Form
• 1. (a) List type of service(s) to be provided by this contract.
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.)
• Property owner will be required to execute
irrevocable 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.
LJ
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.
Residence already exists and is currently on a septic tank system.
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? [f yes, please provide a
copy of the documentation for this entitlement. Please check those documents attached:
Tentative Map and Conditions ~
Subdivision Map or Parcel Map ~
Specific Plan ~
General Plan Amendment ~
Rezoning ~
Other, (provide explanation below)
N/A
•
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 Bemazdino presently has a 10" sewer main in Macy Street, and the street
is adjacent to the pazcel 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.
• S[GNED BY:
CITY OF SAN BERNARDINO
Date:
Laszlo Fogassy
POSITION TITLE: Real Propert~Sunervisor
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:
Local Agency Formation Commission
215 North "D" Street
San Bernardino, CA 92415-0490
PHONE: (909) 383-9900
FAX: (909) 383-9901
i
City of San Bernardino
Development Services Department
Extension of City Services by Contract
Plan for Providing Service
1. Contract /Agreement Reference: Inevocable Agreement to Annex No. 2007-03
2. Property Owner: Marco A. Quintero and Martha Quintero
3. Property Address: 2900 N. Macy Street, 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 normalpermit process now in effect by the Citv for facility use. All applicable
fees will bepaid for by the applicant as follows:
Sewer Capacity Fee: $3,500.00 per dwelling unit
Sewer Connection fee: $362.96
Note: All improvements including the construction of laterals are the responsibility of the property owner.
LAFCO SC#
IRREVOCABLE AGREEMENT TO ANNEX
No. 2007-03
THIS AGREEMENT, entered into this day of ,
20 ; by and between MARCO A OUINTERO and MARTHA OUINTERO.
hereinafter collectively referred to as "OWNER," and the CITY OF SAN
BERNARDINO, a municipal corporation, hereafter refereed to as "CITY."
WHEREAS, OWNER holds title to the unincorporated parcel(s), located at 2900 N.
Macy Street, San Bernardino County. California, and pazcel is more fully described as
follows:
Parcel 2 of Parcel Map No. 10780, in the County of San Bernazdino, State of
California as per map recorded in Book 121, Page(s) 62 and 63, of Parcel Maps,
records of said County.
Assessor's Parcel Number(s) 0268-041-23• and
WHEREAS, said parcel is within the Sphere of Influence of CITY; and
WHEREAS, OWNER desires to obtain sewer service for said pazcel; and
WHEREAS, sewer service could be provided to said pazcel 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 pazcel
to its sewage system, due to the expectation that said parcel will be annexed to the City of
San Bemazdino 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 OWNER'S heirs,
successors and assigns.
(Exhibit "A-1)
u
IRREVOCABLE AGREEMENT TO ANNEX NO. 2007-03 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 Bemardino 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 Bemardino.
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.
£ 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.
IRREVOCABLE AGREEMENT TO ANNEX NO. 2007-03 LAFCO SC#
u
SECTION 2: CITY Agrees -
a. To allow OWNER'S parcel, described herein before, to connect to the City
of San Bemardino'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 official's thereunto duly authorized.
OWNER:
By:
MARCO A. QUINTERO
By:
MARTHA QUINTERO
CITY OF SAN BERNARDINO
By:
PATRICK J. MORRIS, Mayor
ATTEST:
City Clerk
Approved as to form:
• ES F. PENMAN, City Attorney