HomeMy WebLinkAbout11-Development Services
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES FUNK, Director
Subject: Resolution making application to the
Local Agency Formation Commission ---
Connection to City Sewer System Outside of
City Boundaries - San Bernardino County
Animal Shelter (Devore Animal Shelter)
File No.l2.0IA-03
MCC Date: 05-21-2001
Dept: Development serviceo '" '"" !" ~ L
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Date: April 23, 2001
Synopsis of Previous Council Action:
06-05-2000 -Authorization was given to initiate proceedings for connection to City sewer
system outside of City boundaries for the San Bernardino County Animal Shelter (Devore
Animal Shelter)
Recommended Motion:
Adopt Resolution
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James Funk
Contact person: LASZLO "Les" FOGASSY
Phone: 5026
Supporting data attached: Staff Report, Maps, Res. Ward: 6
FUNDING REQUIREMENTS: Amount: $1,000 (Processing fee paid by applicant)
Source: (Acct. No.) 001-000-4780-0000
Finance:
(Acct. Description) Misc. Engineering
Council Notes:
Agenda Item No.
S/'-IJIJJ_
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Resolution making application to the Local Agency Formation Commission m connection to
City sewer system outside of City boundaries - San Bernardino County Animal Shelter (Devore
Animal Shelter)
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. They are presently on a private septic system that is
inadequate to support the proposed expansion.
The animal shelter is located in an unincorporated territory within the City's Sphere ofInfluence
in the vicinity of the northwest part of the City, The City has a IS" sewer main running through
Cajon Boulevard, which is approximately 1500 feet from the shelter, as shown on the attached
map. It will be the County's responsibility to run a lateral from the shelter to the main, at no cost
to the City.
On September 2, 1997, a policy was adopted 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).
On June 5, 2000, staff was directed to initiate proceedings to provide sewer services to the
County Animal Shelter in Devore, Due to the necessary time they needed to design the system
and secure funding, the County only recently submitted their application to the City and paid the
required non-refundable processing fee of $1,000. The Water Department has indicated that
adequate sewer capacity is available to provide the requested services.
The attached Resolution authorizes the submittal of a formal application by the City to LAFCO,
as required by law, a copy of which is attached as Exhibit "A" to the resolution. The County has
requested a waiver of the LAFCO fees, due to the additional expense of hooking up to the City's
sewer. If the waiver is denied by LAFCO, the applicant (the County) will pay the LAFCO fees.
Upon approval by LAFCO, an Irrevocable Agreement to Annex will be executed between the
City and the applicant. The applicant will be required to complete the normal processing required
for sewer connection, including City inspection and payment of the normal connections fees
associated with providing sewer services, including sewer capacity fees, which are estimated to
be $128,235.00
FINANCIAL IMPACT:
None. Applicant has paid the required processing fee of $1,000 and will be required to pay all
appurtenant LAFCO fees if the waiver is denied.
RECOMMENDATION:
Adopt Resolution
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 CONNEC~ON TO
CI TY SEWER SYSTEM -
SAN BERNARDINO COUNTY
ANIMAL SHELTER
~ indicates un-incorporated areas
~ within City's Sphere of Influence
Created by: !.-. Foqa??y Date: 04-/25/2001
San Bemardino County
Animal Shelter
(5700 Shelter Way)
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~ 990'
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i. Parcel to be connected ~ \~S
to City sewer V~.
(APN 0262-042-20) v~
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No Scole
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
PUBLIC WORKS DIVISION
Created by: 1-. Foqa??y Date: 04/25/2001
Connection to City
Sewer System - S8 County
. Animal Shelter
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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 5700 SHELTER WAY (SAN BERNARDINO COUNTY ANIMAL
SHELTER),
WHEREAS, the County of San Bernardino, which is the owner of property located in
unincorporated territory located at 5700 Shelter Way, Assessor's Parcel No. 0262-042-20, 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,
which may be waived in full or in part if requested by said property owners(s) at the discretion of
the Commission; and
WHEREAS, the property owner(s) requesting said connection have requested a waiver of
said Local Agency Formation Commission fees,
04/23/01
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RESOLUTION MAKING APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION
FOR THE CONNECTION OF UNINCORPORATED PROPERTY BY SAN BERNARDINO COUNTY
ANIMAL SHELTER TO THE CITY'S SEWAGE SYSTEM
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 5700 Shelter Way, Assessor's Parcel No, 0262-042-20, more
fully described in said application, a copy of which is attached hereto as Exhibit "A" and made a
part hereof and hereby request, on the behalf of applicant, a waiver of fees by the Local Agency
Formation Commission,
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, 2001-01, a copy of which is attached
as Exhibit "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.
III
III
III
04/23/01
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RESOLUTION MAKING APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION
FOR THE CONNECTION OF UNINCORPORATED PROPERTY BY SAN BERNARDINO COUNTY
ANIMAL SHELTER TO THE CITY'S SEWAGE SYSTEM
3 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
SCHNETZ
SUAREZ
ANDERSON
MCCAMMACK
City Clerk
The foregoing resolution is hereby approved this
day of
,20_.
JUDITII V ALLES, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN
City A orney
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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 OWNER:
County of San Bernardino
MAILING ADDRESS:
385 N, Arrowhead Ave, San Bernardino, CA 92415
PHONE:
(909) 987-5000
ADDRESS OF PROPERTY
PROPOSED FOR CONTRACT
5700 Shelter Way, Devore, CA
CONTRACT NUMBERJIDENTIFICATION:
Irrevocable Agreement to Annex No. 2001-01
PARCEL NUMBER(S)
ACREAGE:
0262-042-20
54 Acres MIL
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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 "N'
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Extension of Service by Contract
Application Form
1.
(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,)
Annexation of the parcel would create an "irregular" boundary, and would create a
substantial island southwesterly of this parcel.
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, substantially surrounded by the City of San Bernardino on three
sides
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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 expansion of the Devore Animal Shelter
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
Subdivision Map or Parcel Map
Specific Plan
General Plan Amendment
Rezoning
Other, (provide explanation below)
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Extension of Service by Contract
Application Fonn
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 improv~m;mts,
how financing is to occur, and any special financial arrangement for later repayment.
The City of San Bernardino presently has a IS" sewer main in Cajon Boulevard. The
County will install an approximately 1500' lateral across County owner property to the
City's main. The County has also indicated that a sewer lift station may also be necessary.
All improvements and related costs will be paid for by the County, APPLICANT HAS
. .RE2U:ES.TED.A ':V A~VER OF LAFCO PROCESS~NG FEES. _" .... .0. .'. W'
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 ~Frno
Date:
(-r3/Uld I
POSITION TITLE: Real Prooertv Official
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:
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
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LAFCO SC#
IRREVOCABLE AGREEMENT TO ANNEX
No. 2001-01
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(s), located at,
5700 Shelter Wav. Devore. 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) 0262-042-20 : and
WHEREAS, th!s (these) parcel(s) is (are) within the Zone of Influence 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 ofInfluence,
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"
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IRREVOCABLE AGREEMENT TO ANNEX NO. 2001-01
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.
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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 to
connect to and use the 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, 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,
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IRREVOCABLE AGREEMENT TO ANNEX NO. 2001-01
LAFCO SC#
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.
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
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EXHIBIT I-A
That portion of the Muscupiabe Rancho, as per plat thereof recorded in Book 1 of Maps, page
24 and also in Book 7 of Maps, page 23, records of the County Recorder of San Bernardino
County, State of California, and that portion of the Irvington Land and Water Company
Subdivision, as per plat thereof recorded in Book 1 of Maps, page 32, records of said County,
lying northeasterly of the Southern Pacific Railroad right of way, described as follows:
Commencing at the Southwest corner of unsurveyed Section 11, Township I North, Range 5
West, San Bernardino Meridian;
thence easterly, along the Southerly line of said Section 11, a distance of 990 feet;
thence North 220 02' 10" West, along said East line, a distance of 171.28 feet;
thence continuing along said East line, North 22002' 10" West, a distance of2216,60 feet;
thence North 390 01' 30" East, a distance of 4375,74 feet;
thence South 50058' 30" East, a distance of286.69 feet to the True Point of Beginning;
thence South 390 01' 30" West, a distance of 407.46 feet;
thence North 750 34'30" West, a distance of 72.51 feet;
thence South 14025' 30" West, a distance of2180 feet;
thence South 210 19' 34" East, a distance of 1618,64 feetto a point on a line that is at right
angles to Cajon Boulevard (formerly Cajon Highway);
thence North 510 31' 00" East to a point on the Southwesterly line of said Cajon Boulevard;
thence northwesterly, along said Southwesterly line of Cajon Boulevard, a distance of 60 feet;
thence, Southwesterly, at right angles, a distance of 300 feet;
thence northwesterly, along a line that is parallel with said Southwesterly line of Cajon
Boulevard to the True Point of Beginning.
EXCEPTING THEREFROM, Muscoy Groin No, I of the San Bernardino County Flood
District.
ALSO EXCEPTING THEREFROM, portions of Magnolia Avenue and Oregon Street as vacated
by the San Bernardino County Board of Supervisors on December 8, 1980, Resolution No, 80-
279136,
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~ Parcel to be connected ~ \~'-;J
to City sewer V~.
(APN 0262-042-20) v~
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San Bemardino County
Animal Shelter
(5700 Shelter Way)
sw. Cor
SEe 11
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EXHIBIT "2"
No Scale
- CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
PUBLIC WORKS DIVISION
Created by: L-. FOCj(Y-;~Y Date: 04-/2~/2001
Connection to City
Sewer System - S6 County
Animal Shelter
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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 Al!reement to Annex No, 2001-01
2. Property Owner:
County of San Bernardino
3. Property Address:
15700 Shelter Wav, Devore. Ca
4, Service to be provided:
Connection to Sewer Svstem
5, Service to be provided as follows:
PropertY owner will applv for sewer connection services
throUl!h the normal oermit process now in effect bv the City for commercial use, All applicable
fees will be paid for bv the applicant
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EXlDBIT "3"
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): 5-2\-0\ Item #
Vote: Ayes 1- 'I Nays tr
II
Resolution #
Abstain .-8-
7001-\'~
Absent ~
Change to motion to amend original documents:
Reso. # On Attachments: ~
Contract tenn: -
Note on Resolution of Attachment stored separately: -
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
Date Sent to Mayor: 6 - 2.. 2. -0 I
Date of Mayor's Signature: s- Z2.-() \
DateofClerk/CDC Signature: 5-Z3-e:,)
NulllVoid After: -
By: -
Reso. Log Updated:
Seal Impressed:
V
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Date Memo/Letter Sent for Signature: 6 -23--() \
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached: v'" Date Returned:
See Attached:
See Attached:
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):
Copies Distributed to:
./
Code Compliance Dev. Services ,/
Police Public Services Water
City Attorney
Parks & Rec.
Notes:
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Yes ./ No By
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Yes No~ By
Yes No t/ By
Yes No ,; By
Yes No -y'- By
EDA
Finance
MIS
Others:
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL OG FOR FUTURE REFERENCE Contract Term etc.
Ready to File: M- Date: I) );;;>q iJ Y
Revised 01/12/01