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Home My WebLink About2015-207 I RESOLUTION NO. 2015-207 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO MAKING APPLICATION TO THE LOCAL AGENCY 3 FORMATION COMMISSION TO PROVIDE CITY SEWER SERVICES TO 4 PROPERTY WITHIN UNINCORPORATED TERRITORY LOCATED AT 1959 PORTER STREET. 5 6 WHEREAS, Martha A. Medrano, the owner of property located in an unincorporated 7 area located at 1959 Porter Street, also known as Assessor's Parcel Number 0268-291-09, has 8 9 requested connection to the City of San Bernardino's sewage system; and 10 WHEREAS, said property is located within the City of San Bernardino's Sphere of 11 Influence; and 12 WHEREAS, on September 2, 1997, the City of San Bernardino adopted Resolution No. 13 97-275, establishing a policy relative to the connection of unincorporated properties to the 14 15 City's sewage system; 16 WHEREAS, pursuant to California Government Code Section 56133, a city or district 17 may provide new or extended services by contract or agreement outside its jurisdictional 18 boundaries subject to approval from the Local Agency Formation Commission; and 19 WHEREAS, pursuant to the City's policy relative to the connection of unincorporated 20 21 properties to the City's sewage system, the property owner(s) requesting connection to the 22 City's sewage system shall pay all applicable fees required by the Local Agency Formation 23 Commission. 24 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 25 CITY OF SAN BERNARDINO AS FOLLOWS: 26 SECTION 1. The Mayor and Common Council hereby make application to the Local 27 Agency Formation Commission for the connection to the City's sewage system for property 28 1 located at 1959 Porter Street, Assessor's Parcel No. 0268-291-09, more fully described as 2 follows: 3 Lot 95, Tract No. 2243, as per plat recorded in Book 32, Pages 21 and 22, in the office 4 of the County Recorder of San Bernardino County, State of California. 5 SECTION 2. The Director of Public Works, or his designee, is hereby directed and 6 7 authorized to file an Application for Extension of Service by Contract, a copy of which is 8 attached hereto as said Attachment "A" and made a part hereof, with the Local Agency 9 Formation Commission of the County of San Bernardino. 10 SECTION 3. The City Manager is hereby authorized and directed to execute on behalf 11 12 of the City, an Irrevocable Agreement to Annex No. 2015-01, a copy of which is attached as 13 Attachment "A-1" to said application, upon approval by the Local Agency Formation 14 Commission. 15 SECTION 4. The City Clerk is hereby authorized and directed to file, or cause to be 16 filed, a certified copy of this Resolution with the Executive Officer of the Local Agency 17 18 Formation Commission. 19 20 21 22 23 24 25 26 27 28 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO MAKING APPLICATION TO THE LOCAL AGENCY FORMATION 2 COMMISSION TO PROVIDE CITY SEWER SERVICES TO PROPERTY WITHIN UNINCORPORATED TERRITORY LOCATED AT 1959 PORTER STREET. 3 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the 6 7 21"day of September, 2015, by the following vote, to wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 MARQUEZ X 10 11 BARRIOS X 12 VALDIVIA X- 13 SHORETT X- 14 NICKEL X- 15 JOHNSON X 16 17 MULVIHILL X- 18 ,x'29 LIZ 19 Geor ann Ha , CMC, City Clerk 20 The foregoing resolution is hereby approved this :�? y .—day of September 2015. 21 22 23 R. CAREY D#1SN4ayor City of San Bernardino 24 Approved as to form: 25 GARY D. SAENZ, City Attorney 26 B ` 27 28 2015-207 1 2 ATTACHMENT "A" Application for Extension of Service 3 4 5 [See attached] 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2015-207 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: Martha A. Medrano PO Box 2604 MAILING ADDRESS: Fontana, CA 92334 PHONE: (909) 239-8067 1959 Porter Street ADDRESS OF PROPERTY PROPOSED FOR CONTRACT San Bernardino, CA 92407 CONTRACT NUMBER/IDENTIFICATION: 2015-01 PARCEL NUMBER (S) 0268-291-09-0000 ACREAGE: Approximately 1.0 Acre—43,560 sq. ft. 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 2015-207 (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 contiguous 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 owner is proposing to build a 4 bedroom single family residence. 2015-207 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 0 Rezoning Other, (provide explanation below) 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 24"sewer main along Porter Street directly adiacent 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. Owner is to pay costs. 2015-207 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 2015-207 CITY OF SAN BERNARDINO Public Works Department Extension of City Services by Contract Plan for Providing Service 1. Contract/Agreement Reference: Irrevocable Agreement to Annex No. 2015-01 2. Property Owner: Martha A. Medrano 3. Property Address: 1959 Porter Street San Bernardino, CA 92407 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 normal permit process now in effect by the City for this facility use All applicable fees will be paid for by the qpplicant as follows: SEWER FEES Sewer Capacity Fee: Residential = $3,500.00 (to be calculated by the City Water Department) Sewer Connection Fee (Permit): $335.02 per 3,000 sq. ft. or fraction thereof Inspection Fee= $29.18 Note: All improvements including the construction of laterals are the responsibility of the property owner. All LAFCO fees are the responsibility of the property owner as well. 2015-207 LAFCO SC# ATTACHMENT "A-1" Irrevocable Agreement to Annex. No. 2015-01 [See attached] i 2015-207 LAFCO SC# IRREVOCABLE AGREEMENT TO ANNEX No. 2015-01 THIS AGREEMENT, entered into this_21_qtday of 4P=tPmhar , 2015; by and between MARTHA A. MEDRANO, an unmarried woman, 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 1959 Porter 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) 0268-291-09-0000; 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 OWNERS' heirs, successors and assigns. i 2015-207 IRREVOCABLE AGREEMENT TO ANNEX NO. 2015-01 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 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. SECTION 2: CITY Agrees— a. To allow OWNERS' parcel, described herein before, to connect to the City of San Bernardino's sewage system, subject to payment of all applicable fees and permits. 2 2015-207 IRREVOCABLE AGREEMENT TO ANNEX NO. 2015-01 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 OWNERS 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. MARTHA A. MEDRANO CITY OF SAN BERNARDINO By: By: Allen Parker, City Manager ATTEST: Georgeann Hanna, City Clerk Approved as to form: GARY D. SAENZ, City Attorney By: 3 2015-207 IRREVOCABLE AGREEMENT TO ANNEX NO. 2015-01 LAFCO SC# EXHIBIT "A" LEGAL DESCRIPTION Lot 95, Tract No. 2243, as per plat recorded in Book 32, Pages 21 and 22, in the office of the County Recorder of San Bernardino County, State of California. 4 2015-207 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: Martha A. Medrano PO Box 2604 MAILING ADDRESS: Fontana, CA 92334 PHONE: (909) 239-8067 1959 Porter Street ADDRESS OF PROPERTY PROPOSED FOR CONTRACT San Bernardino, CA 92407 CONTRACT NUMBER/IDENTIFICATION: 2015-01 PARCEL NUMBER (S) 0268-291-09-0000 ACREAGE: Approximately 1.0 Acre —43,560 sq. ft. 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 2015-207 (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 contiguous 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 owner is proposing to build a 4 bedroom single family residence. 2015-207 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 Other, (provide explanation below) 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 24"sewer main along Porter Street directly adiacent 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. Owner is to pay costs. 2015-207 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: � VA POSITION TITLE: -� h t� 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 2015-207 CITY OF SAN BERNARDINO Public Works Department Extension of City Services by Contract Plan for Providing Service 1. Contract/Agreement Reference: Irrevocable Agreement to Annex No. 2015-01 2. Property Owner: Martha A. Medrano 3. Property Address: 1959 Porter Street, San Bernardino, CA 92407 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 normal permit process now in effect by the City for this facility use. All applicable fees will be paid for b.. t�pplicant as follows: SEWER FEES Sewer Capacity Fee: Residential = $3,500.00 (to be calculated by the City Water Department) Sewer Connection Fee (Permit): $335.02 per 3,000 sq. ft. or fraction thereof Inspection Fee= $29.18 Note: All improvements including the construction of laterals are the responsibility of the property owner. All LAFCO fees are the responsibility of the property owner as well. 2015-207 LAFCO SC# ATTACHMENT 66A-1" Irrevocable Agreement to Annex. No. 2015-01 [See attached] t 2015-207 LAFCO SC# IRREVOCABLE AGREEMENT TO ANNEX No. 2015-01 THIS AGREEMENT, entered into this_21_%iday of gP„tember , 2015; by and between MARTHA A. MEDRANO, an unmarried woman, 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 1959 Porter 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) 0268-291-09-0000; 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 OWNERS' heirs, successors and assigns. i 2015-207 IRREVOCABLE AGREEMENT TO ANNEX NO. 2015-01 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 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. SECTION 2: CITY Agrees— a. To allow OWNERS' parcel, described herein before, to connect to the City of San Bernardino's sewage system, subject to payment of all applicable fees and permits. 2 2015-207 IRREVOCABLE AGREEMENT TO ANNEX N0. 2015-01 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 OWNERS 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. MARTHA A.MEDRANO CITY OF SAN BERNARDINO By: BY Allen Parker, City Manager ATTEST: GeorgeandHanna, My Clerk Approved as to form: GARY D. SAENZ, City Attorney By: 3 2015-207 IRREVOCABLE AGREEMENT TO ANNEX NO. 2015-01 LAFCO SC# EXHIBIT "A" LEGAL DESCRIPTION Lot 95, Tract No. 2243, as per plat recorded in Book 32, Pages 21 and 22, in the office of the County Recorder of San Bernardino County, State of California. 4