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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES FUNK, Director
Dept: Development Servic( ,'. .' ~..
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Subject: Resolution authorizing the execution
of an Agreement for the extension of sewer
service to San Bernardino County Animal
Shelter - 19777 Cajon Boulevard.
Date: November 6, 2002
Synopsis of Previous Council Action:
File No.l2.0IA-04
MCC Date: 12-02-2002
09-02-1997 - Policy relative to connection to the City's sewer system of properties located
outside of City boundaries was adopted.
05-21-2001 - Resolution No. 2001-115 was adopted, approving an application to LAFCO for
the extension of sewer service to the San Bernardino County Animal Shelter.
Recommended Motion:
Adopt Resolution
~~
LASZLO "Les" FOGASSY.
Contact person: Real Properly Supervisor
Phone: 5026
Supporting data attached: Staff Report, Letter, Ward:
Maps, Resolution
FUNDING REQUIREMENTS: Amount: NONE
6
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
Agenda Item N
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Resolution authorizing the execution of an Agreement for the extension of sewer service to San
Bernardino County Animal Shelter - 19777 Cajon Boulevard.
BACKGROUND:
On May 17, 2000, this office received a request from the County of San Bernardino for
connection of the Devore Animal Shelter to the City's sewer system, due to a proposed
expansion of their facilities at this site.
The animal shelter is located in an unincorporated territory within the City's Sphere ofInfluence
in the vicinity ofthe northwest part of the City. The City has a IS" sewer main running through
Cajon Boulevard, which is in close proximity to the shelter, as shown on the attached map. The
shelter is located on a large parcel (APN 0262-042-20) containing approximately 96 acres and is
primarily undeveloped land. The property was formerly used by the County of San Bernardino as
a landfill and is not on the property tax rolls.
On September 2, 1997, a policy was adopted regarding water and sewer connections of
unincorporated properties to the City's system. As required by Section 56133 of the California
Government Code, City services outside of City boundaries require approval from the Local
Agency Formation Commission (LAFCO). The policy includes the requirement that the
applicant execute an Irrevocable Agreement to Annex, in the event the City desires to annex the
property at a future date.
On May 21, 2002, Resolution No. 2001-115 was adopted, making an application to LAFCO for
the extension of sewer service to the animal shelter. The application was approved by LAFCO on
June 28, 2001.
The County has not yet executed the Irrevocable Agreement to Annex, and has not yet applied
for permits for the sewer connection. The County recently submitted a letter requesting an
appeal and waiver of the requirement to consent to annexation of the animal shelter property. A
copy of the letter is attached.
If the request for the waiver is approved, the attached Agreement will need to be executed by the
City and the County. The Agreement is essentially the same agreement that was previously
approved, with the exception of the requirement to consent to annexation.
FINANCIAL IMPACT:
None. Applicant will pay the standard permit and sewer connection fees.
RECOMMENDATION:
Adopt Resolution
, ARCHITECTURE & ENGINEERING DEPARTMENT
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385 North Arrowhead Avenue. San Bernardino, CA 92415-0184 . (909) 387-5000
October 30, 2002 Fax (909) 387-5050
COUNTY OF SAN 8ERNARDINO
INTERNAL SERVICES GROUP
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City of San Bernardino
Development Services Department
300 North 0 Street
San Bernardino, CA 92418-0001
Attn: Mr. Laszlo Fogassy, Real Property Official
Public Works Division
RE: Sewer Connection - Devore Animal Shelter
In response to your July 19, 2001 letter regarding the above subject matter; the County
of San Bernardino would like to respectfully appeal the requirement for an Irrevocable
Agreement to Annex. The County's appeal is based on our desire to keep the title for
the Devore Animal Shelter/Cajon Land fill property clear; as well as the need to
complete the sewer connection construction in a timely manner.
The County is hopeful that the appeal will be approved. This will avoid issues that may
cloud title of the property, which could potentially lead to a possible lot split of the
landfill. The lot split will cause unnecessary environmental reviews and generate
additional site requirements. Also, the connection to the City's sewer is essential in
reducing the County Animal Shelter's high maintenance costs associated with the
current septic system. The septic system is now routinely pumped on a weekly basis.
Please do not hesitate to contact me at (909) 387-5025 if you need additional
information.
Sincerely,
G;&~qj-c4
G. DANIEL OJEDA, Director
Architecture & Engineering Department
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cc: Dan Avera, Public Health
Frank Law, A&E
Ralph Hosni, A&E
Ken Taylor, A&E
Bill Guerth, A&E
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING THE EXECUTION OF AN AGREEMENT FOR THE EXTENSION OF
SEWER SERVICES IN UNINCORPORATED TERRITORY RELATIVE TO THE SAN
BERNARDINO COUNTY ANIMAL SHELTER AT 19777 CAJON BOULEVARD.
WHEREAS, the County of San Bernardino, which is the owner of property located in
unincorporated territory located at 19777 Cajon Boulevard, Assessor's Parcel No. 0262-042-20,
more fully described in Exhibit" I" of Exhibit "A" attached hereto and made a part hereof, and
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, said policy includes the execution of an Irrevocable Agreement to Annex the
property receiving sewer services; and
WHEREAS, on May 21,2001, Resolution No. 2001-115 was adopted, approving the
extension of sewer service to said San Bernardino County Animal Shelter property and making
application to the Local Agency Formation Commission (LAFCO) for the extension of said sewer
services, subject to the execution of said Irrevocable Agreement to Annex.
WHEREAS, on June 28, 200 I, LAFCO approved the extension of said sewer services to
said San Bernardino County Animal Shelter; and
WHEREAS, the property owner requesting extension of sewer services is requesting an
appeal and waiver of the requirement to consent to annexation of said Animal Shelter property.
10/31/02
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RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR THE EXTENSION OF
SEWER SERVICES TO THE SAN BERNARDINO COUNTY ANIMAL SHELTER LOCATED AT 19777
CAJON BOULEVARD.
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
approve the extension of sewer services to said San Bernardino County Animal Shelter property,
more fully described herein, and do hereby waive the requirement that the property owner execute
an Irrevocable Agreement to Annex.
SECTION 2. That the Mayor of said City is hereby authorized and directed to execute on
behalf of said City, an Agreement for the Extension of Sewer Services in Unincorporated Territory
No. 2002-01, a copy of which is attached as Exhibit "An hereto and made a part hereof.
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.
III
III
III
10/31/02
2
RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR THE EXTENSION OF
SEWER SERVICES TO THE SAN BERNARDINO COUNTY ANIMAL SHELTER LOCATED AT 19777
CAJON BOULEVARD.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
held on the
meeting thereof
day of
, 20 , by the following vote, to wit:
Council Members: AYES
ESTRADA
LONGVILLE
MCGINNIS
DERRY
SUAREZ
ANDERSON
MCCAMMACK
NAYS
ABSTAIN ABSENT
City Clerk
The foregoing resolution is hereby approved this
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
day of
,20 .
JUDITH V ALLES, Mayor
City of San Bernardino
By: de~~ i /7~_
11/26/02
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3
AGREEMENT FOR EXTENSION OF SEWER SERVICES IN
UNINCORPORATED TERRITORY
No. 2002-01
THIS AGREEMENT, entered into this day of
20 , by and between COUNTY OF SAN BERNARDINO
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, located at,
19777 Caion Boulevard (also known as 5700 Shelter Wav). Devore. California,
and parcel is more fully described in Exhibit "I" attached hereto and made a part hereof.
Assessor's Parcel Number(s) 0262-042-20 : and
WHEREAS, this parcel is within the Zone ofInfluence of CITY; and
WHEREAS, OWNER desires 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 this unincorporated parcel to
its sewage system.
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.
NOW, THEREFORE, the parties hereto agree as follows:
SECTION 1: OWNER Agrees --
a. To pay all fees and charges and make all deposits required by the CITY to
connect to and use the sewer, and further agrees to be bound by all CITY
ordinances, rules and regulations respecting the sewage system.
b. To acknowledge that execution of this Agreement on behalf of all future
heirs, successors and assigns; and that said Agreement shall be irrevocable
without written consent of CITY.
EXHIBIT "A"
AGREEMENT FOR EXTENSION OF SEWER SERVICES IN UNINCORPORATED
TERRITORY, NO.: 2002-01
c. To comply with Chapter 13.32, of the San Bernardino Municipal Code
relating to discharge of materials into CITY'S sewage system.
d. 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.
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. The benefit to the subject parcels 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.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed by their respective officials thereunto duly authorized.
COUNTY OF SAN BERNARDINO
CITY OF SAN BERNARDINO
BY:
By
Mayor
ATTEST:
City Clerk
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
By: ~ G -2-;:~ ) 9'/
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Location of San Bernardino
County Animal Shelter
No Scole
5th 51.
Mill 51.
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CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION
VICINITY MAP
PROPOSED CONNECTION TO
CITY SEWER SYSTEM -
SAN BERNARDINO COUNTY
ANIMAL SHELTER
~ indicates un-incorporated areas
~ within City's Sphere of Influence
Created by: 1-. Foqa~xw Date: 04/25/200/
San Bernardino County
Animal Shelter
(19777 Cajon Boulevard) ~
SW. Cor
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+ 990'
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No Scale
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
PUBLIC WORKS DIVISION
d by: L.Foqo55Y Date: 04/25/200/
Connection to City
Sewer System - S8 County
Animal Shelter