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HomeMy WebLinkAbout2019-349Resolution No. 2019-349 RESOLUTION NO. 2019-349 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING AN APPLICATION TO THE SAN BERNARDINO LOCAL AGENCY FORMATION COMMISSION TO PROVIDE CITY SEWER SERVICES TO PROPERTY WITHIN UNINCORPORATED TERRITORY LOCATED AT 1951, 1955, 1957 PORTER STREET (APN'S 0268-291-32, 33, &34) AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN IRREVOCABLE AGREEMENT TO ANNEX WHEREAS, JRR Development, Inc. and Ramon Torrez, located in an unincorporated area located at 1951, 1955, 1957 Porter Street, also known as Assessor's Parcel Numbers 0268- 291-32, 33, & 34, has requested connection to the City of San Bernardino's sewage system; and WHEREAS, said Property is located within the City's sphere of influence; and WHEREAS, pursuant to Section 2.28.030 (Service outside City Limits) of the San Bernardino Municipal Code, the Mayor and City Council must approve any water and sewer service outside the corporate limits of the City of San Bernardino; and 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 (LAFCO); and WHEREAS, pursuant to Resolution No. 97-275, the property owners requesting connection to the City's sewage system must pay all applicable fees required by the LAFCO. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The Mayor and City Council of the City of San Bernardino hereby authorize an application to the LAFCO for the connection to the City's sewage system for property located at 1951, 1955, 1957 Porter Street, Assessor's Parcel Numbers 0268-291-32, 33, & 34, more fully described as follows: Parcel Map 17356 Lot 1, 2, & 3, as per Map recorded in Book 247, Page 13, in the office of the County Recorder of San Bernardino County, State of California. SECTION 3. The City Manager, or designee, is hereby 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 San Bernardino LAFCO. Resolution No. 2019-349 SECTION 4. The City Manager or designee is hereby authorized to execute an Irrevocable Agreement to Annex No. 2019-006, a copy of which is attached as Exhibit "A-1" of said application, upon approval by the LAFCO. SECTION 5. 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 LAFCO. SECTION 5. The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 6. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 7. Effective Date. This APPROVED and ADOPTED by the 1 by the City Clerk this 40' day of December 201 Attest: Georgeann Han4 MMC, City Clerk Approved as to form: Gary D. Saenz, City Attorney become effective immediately. by the Mayor and attested a An Vala via, Mayor City of San Bernardino Resolution No. 2019-349 CERTIFICATION STATE OF CALIFORNIA) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019 -349th , adopted at a regular meeting held on the 4 day of December 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ MARRA x FIGUEROA SHORETT NICKEL _ RICHARD MULVIHILL WITNESS my hand and official seal of the City of San Bernardino this 4h day of December 2019. G rgeann Ha -nn -'a --,"M MC, City Clerk