HomeMy WebLinkAbout14-Development Services
e CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
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From: Valerie C. Ross, Director
Subject: Authorization to Proceed and Resolution
Making Application to the Local Agency Formation
Commission for Sewer Services Outside City
Boundaries - 4233 & 4235 Fourth Avenue
Dept: Development Services
Date: April 12, 2007
File No. 12:0IA-19
Synopsis of Previous Council Action:
09/2/97 --- Resolution 97-275 was adopted, approving a policy relative to connection of
unincorporated properties to the City's sewage system.
MCC Date: 05-07-07
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 4233
& 4235 Fourth Avenue; .
AND
IliA ~j;t
(eltvalerie C. Ross
. Contact person: Jeanne'marie Fitzpatrick Phone: 5328
N/A (Partially surrounded by 5th
Supporting data attached: StaffReport/Map/Reso Ward: Ward)
FUNDING REQUIREMENTS: Amount: $1,300 (fee paid by applicant)
2.
Adopt Resolution.
Source: (Acct. No.) 001-000-4780-0000
Misc. Engineering Receipts!
(Acct. Description)Sewer Service Processing Fee
Finance:
Council Notes:
5\1lh1-
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 - 4233 & 4235 Fourth Avenue.
BACKGROUND:
In February, this office received a request from Sandra Tumey, owner of property located at
4233 & 4235 Fourth Avenue, for connection to the City's sewer system. The property, which is
a single parcel, is located in an unincorporated area on 4th Avenue, north of 48th Street and west
of Cedar Drive. There are two single-family residences located on this property totaling five
bedrooms. The property owner is requesting to connect to the City sewer system because the
existing septic system is failing.
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 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 provision of sewer
services outside of City boundaries. The policy includes the payment of a $ I ,300 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 10 inch sewer line that runs along Fourth Avenue. The Planning Division has
indicated that the current 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 and sewer hook-up fees will be paid by the
applicant.
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.
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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 4233 AND 4235 FOURTH AVENUE.
WHEREAS, Sandra Tumey, the owner of property within unincorporated territory located
at 4233 and 4235 Fourth Avenue, Assessor's Parcel No. 0265-102-06, 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 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 Govemment 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 4233 and 4235 Fourth Avenue, Assessor's Parcel No. 0265-
102-06, more fully described as follows:
~.Jtf
5/'7/01
05/02/07
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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 4233 AND 4235 FOURTH AVENUE
All that certain real property situated in the County of San Bernardino, State of California,
described as follows:
The north Yz of Lot 53 of Tract No. 1748, Arrowhead Suburban Farms, Tract "E", in
the County of San Bernardino, State of California, as per map recorded in Book 25,
Page 59 of Maps, in the Office of the County Recorder 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 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. 2007-04, 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 ofthe Local Agency
Formation Commission.
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05/02/07
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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 4233 AND 4235 FOURTH AVENUE
4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
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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
BAXTER
BRINKER
DERRY
KELLEY
JOHNSON
MCCAMMACK
City Clerk
The foregoing resolution is hereby approved this
day of
,20_.
PATRICKJ. MORRIS, Mayor
City of San Bernardino
Approved as to form:
-'~~II (jt/J;iuJ,
JAMES F. P NMAN
City Attorney
05/02/07
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APPLICATION FOR
EXTENSION OF SERVICE BY CONTRACT
AGENCY TO EXTEND SERVICE:
AGENCY NAME:
City of San Bernardino
Jeanne'marie E. Fitzpatrick
CONTACT PERSON:
ADDRESS:
300 N. "0" Street, San Bernardino, CA 92418
(909) 384-5328
PHONE:
CONTRACTING PARTY:
NAME OF
PROPERTY OWNER:
Sandra Tumey
MAILING ADDRESS:
P. O. Box 90273, San Bernardino, CA 92427
PHONE:
(909) 473-1850
ADDRESS OF PROPERTY
PROPOSED FOR CONTRACT
4233 & 4235 Fourth Avenue, San Bernardino,
CA
CONTRACT NUMBERlIDENTIFICA TION:
Annex. No. 2007-04
PARCEL NUMBER(S)
0265-102-06
ACREAGE:
.2 acres (8917 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 Fonn
(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. The City presently offers City sewer to City
residents and to 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
an 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.
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 two existing single family residences located on one parcel.
2
Extension of Service by Contract
Application F onn
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
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 line in Fourth A venue which is
the street that the property is located.
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Extension of Service by Contract
Application Fonn
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 SupervIsor
IT COPY
ONLY
DATED:
REQUIRED EXHffiITS TO THIS APPLICATION:
I. 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
215 North "D" Street, Second Floor
San Bernardino, CA 92415-0490
PHONE: (909) 383-9900
FAX: (909)383-9901
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City of San Bernardino
Development Services Department
Extension of City Services by Contract
Plan for Providing Service
I. Contract I Agreement Reference: Irrevocable Agreement to Annex No. 2007-04
2. Property Owner:
Sandra Tumev
3. Property Address:
4233 & 4235 Fourth Avenue. San Bernardino. CA
4. Service to be provided:
Connection to Sewer Svstem
5. Service to be provided as follows:
Propertv owner will apply for sewer connection services
through the normal permit process now in effect bv the Citv for residential use. All applicable
fees will be paid for bv the applicant as follows:
SEWER FEES
Sewer Capacity Fee: $3500.00 x dwelling unit
Sewer Connection (Permit): $362.96 per bedroom
Note: All improvements including the construction oflaterals are the responsibility of the property owner.
All LAFCO fees are the responsibility of the property owner as well.
LAFCO SC#
IRREVOCABLE AGREEMENT TO ANNEX
No. 2007-04
THIS AGREEMENT, entered into this _day of ,20_; by
and between SANDRA J TUMEY AKA SANDRA J. LOTZE. AS TRUSTEE OF THE
. TUMEY 1989 TRUST. hereinafter referred to as "OWNER," 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 4233 and
4235 Fourth Avenue. San Bernardino Countv. California, and parcel is more fully
described as follows:
The north 1/2 of Lot 53 of Tract No. 1748, Arrowhead Suburban Farms, Tract "E", in the
County of San Bernardino, State of California, as per map recorded in Book 25, Page 59
of Maps, in the Office of the County Recorder of said County.
Assessor's Parcel Number(s) 0265-102-06 : and
WHEREAS, said parcel is within the Sphere oflnfluence of CITY; and
WHEREAS, OWNER 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 oflnfluence.
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.
r--. -
IRREVOCABLE AGREEMENT TO ANNEX NO. 2007-04
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 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 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.
2007-04
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 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 officials thereunto duly authorized.
OWNER:
CITY OF SAN BERNARDINO
SANDRA J. TUMEY, Trustee
By:
PATRICK J. MORRIS, Mayor
ATTEST:
City Clerk
Approved as to form:
JA!2~fa~
City Attorney
LAFCO SC#
IRREVOCABLE AGREEMENT TO ANNEX
No. 2007-04
THIS AGREEMENT, entered into this _day of ,20_; by
and between SANDRA J TUMEY AKA SANDRA 1. LOTZE. AS TRUSTEE OF THE
TUMEY 1989 TRUST. hereinafter referred to as "OWNER," 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 4233
and 4235 Fourth Avenue. San Bernardino Countv. California, and parcel is more fully
described as follows:
The north 1/2 of Lot 53 of Tract No. 1748, Arrowhead Suburban Farms, Tract "E", in the
County of San Bernardino, State of California, as per map recorded in Book 25, Page 59
of Maps, in the Office of the County Recorder of said County.
Assessor's Parcel Number(s) 0265-102-06 ; and
WHEREAS, said parcel is within the Sphere ofInfluence of CITY; and
WHEREAS, OWNER 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.
2007-04
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 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 Govemment 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.
2007-04
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 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 officials thereunto duly authorized.
OWNER:
CITY OF SAN BERNARDINO
EXHIBIT COPY
By.
SANDRA]' TUMEY, Trustee ONLY . PATRICKJ. MORRIS, Mayor
ATTEST:
City Clerk
Approved as to form:
JAMES F. PENMAN
City Attorney