HomeMy WebLinkAbout2012-081
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RESOLUTION NO. 2012-81
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO MAKING APPLICATION TO THE LOCAL AGENCY
FORMATION COMMISSION TO PROVIDE CITY SEWER SERVICES TO
PROPERTY WITHIN UNINCORPORATED TERRITORY LOCATED AT 2818 N.
MACY STREET.
WHEREAS, the County of San Bernardino, the owner of property located in an
unincorporated area located at 2818 N. Macy Street, also known as Assessor's Parcel Number
0268-041-14, 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;
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 the 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
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2012-81
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
MAKING APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION TO PROVIDE
CITY SEWER SERVICES TO PROPERTY WITHIN UNINCORPORATED TERRITORY LOCA TED AT
2818 N. MACY STREET.
City's sewage system for property located at 2818 N. Macy Street, Assessor's Parcel No. 0268-
041-14, more fully described as follows:
Lot 340, Tract No. 2258, as per plat recorded in Book 32, Pages 72 to 77 inclusive, in
the office of the County Recorder of San Bernardino County, State of California.
EXCEPTING the north 80 feet thereof.
SECTION 2. That the Acting Director of Public Works, or his designee, is hereby
directed and authorized to file an Application for Extension of Service by Contract, a copy of
which is attached and incorporated herein as Exhibit "A", with the Local Agency Formation
Commission of the County of San Bernardino.
SECTION 3. That the City Manager is hereby authorized and directed to execute an
Irrevocable Agreement to Annex No. 2012-01, a copy of which is attached and incorporated
herein as Exhibit "A-I" of said Application, upon approval by the Local Agency Formation
Commission.
SECTION 4. That the City Clerk 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
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2012-81
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RESOLUTION OF THE CITY OF SAN BERNARDINO MAKING APPLICATION TO THE LOCAL
AGENCY FORMATION COMMISSION TO PROVIDE CITY SEWER SERVICES TO PROPERTY
WITHIN UNINCORPORATED TERRITORY LOCATED AT 2818 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 j oint regular
meeting thereof
6 held on the 7th day of
,2012, by the following vote, to wit:
May
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ABSENT
ABSTAIN
NAYS
AYES
Council Members:
x
MARQUEZ
x
JENKINS
x
VALDIVIA
x
SHORETT
KELLEY
x
x
JOHNSON
x
MCCAMMACK
~(~
Geor~g Clerk
'fj
The foregoing resolution is hereby approved this I 0 day of May ,2012.
~yor
City 0 San Bernardino
Approved as to form:
'~
. PENMAN, City Attorney
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EXHIBIT" A"
APPLICATION FOR
EXTENSION OF SERVICE BY CONTRACT
AGENCY TO EXTEND SERVICE:
AGENCY NAME:
City of San Bernardino
CONTACT PERSON:
Ryan Sandoval
ADDRESS:
300 N. "D" Street, San Bernardino, CA 92418
PHONE:
(909) 384-5226
CONTRACTING PARTY:
NAME OF
PROPERTY OWNER:
County of San Bernardino
385 N. Arrowhead Avenue, 3rd Floor
San Bernardino, CA 92415-0184
MAILING ADDRESS:
PHONE:
(909) 838-5209
ADDRESS OF PROPERTY
PROPOSED FOR CONTRACT
2818 Macy Street
San Bernardino, CA 92407
CONTRACT NUMBER/IDENTIFICATION:
2012-01
PARCEL NUMBER (S)
0268-041-14-0000
Approximately 1.67 Acres -72,745.20 sq. ft.
ACREAGE:
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
, .
Extension of Service by Contract
Application Form
(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 within its sphere of influence 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 is noncontiguous to City boundaries. Annexation of this property could occur,
but would require several adjacent properties to be included that would make the larger
area contiKUous to City boundaries. Property owner will be required to execute a
written 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.
The County of San Bernardino is proposing to build a family learning center (Baker
Family Learning Center), which would become a public facility.
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Extension of Service by Contract
Application Form
6. Has an environmental determination been made for this contract? If yes, provide a
copy. If no, please provide an explanation.
N/ A-Notice of Exemption filed by County of San Bernardinoon August 11, 2011.
Class 32 Exemption, Section 15323
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 c;
Subdivision Map or Parcel Map c;
Specific Plan c;
General Plan Amendment c;
Rezoning c;
Other, (provide explanation below) c;
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 21" sewer main along Macy Street directly
adjacent to this property. The City's Sewer Policy does not allow a direct connection to
a large interceptor sewer main and a parallel line will need to be installed with
appropriate manholes connecting to the interceptor sewer main. County to pay costs.
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Extension of Service by Contract
Application Form
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 Specialist
DATED:
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:
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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EXHIBIT "A-I"
LAFCO SC#
IRREVOCABLE AGREEMENT TO ANNEX
No. 2012-01
THIS AGREEMENT, entered into this _day of
2012; by and between the 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 2818 N.
Macy Street, San Bernardino, California, 92407, and parcel is more fully described in
Exhibit "A" attached hereto and made a part hereof.
Assessor's Parcel Number(s) 0268-041-14-0000: and
WHEREAS, said parcel is within the Sphere of Influence 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 said unincorporated parcels
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 OWNER'S heirs,
successors and assigns.
IRREVOCABLE AGREEMENT TO ANNEX NO.
20I2-01
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 or 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 paid when CITY directs that 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. To 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.
SECTION 2: CITY Agrees-
a. To allow OWNER'S parcel, described herein before, to connect to the City
of San Bernardino's sewage system, subject to payment of all applicable
fees and permits.
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IRREVOCABLE AGREEMENT TO ANNEX NO. 2012-01
LAFCO SC#
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 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 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:
EXHIBIT COpy
By:
EXHIBIT COpy
City Manager
Name:
Title:
ATTEST:
City Clerk
Approved as to form:
By: EXHIBIT COpy
JAMES F. PENMAN, City Attorney
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IRREVOCABLE AGREEMENT TO ANNEX NO.
2012-01
LAFCO SC#
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 340, Tract No. 2258, as per plat recorded in Book 32, Pages 72 to 77 inclusive, in the
office of the County Recorder of San. Bernardino County, State of California.
EXCEPTING the north 80 feet thereof.
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