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ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES FUNK, Director
Subject: Authorization to Proceed and Resolution
Making Application to the Local Agency Formation
Commission for Sewer Services Outside City
Boundaries - 3752 Duffy Street
Dept: Development Services
Date: January 26, 2006
File No. 12.01A-11
Synopsis of Previous Council Action:
09/29/97 --- Resolution 92-275 was adopted, approving a policy relative to connection of
unincorporated properties to the City's sewage system.
MCC Date: 02-21-06
Recommended Motion:
1. That the Director of Development Services be authorized to initiate proceedings for the
provision of City sewer services outside of City boundaries for property located at 3752 Duffy
Street;
AND
2. Adopt Resolution.
James Funk
Contact person: Jeanne'marie Fitzpatrick
5328
Phone: th
N/ A (Partially surrounded by 6
Ward: Ward)
Supporting data attached: StaffReport/Map/Reso
FUNDING REQUIREMENTS: Amount:
$1,000
Source: (Acct. No.) Processing Fee
(Acct. Description)
Finance:
Council Notes: J,DIJ!rj' L/,?
Agenda Item No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Authorization to Proceed and Resolution Making Application to the Local Agency Formation
Commission for Sewer Services Outside City Boundaries - 3752 Duffy Street
BACKGROUND:
On October 7,2005, this office received a request from Alfaro Development Services, owner of
property located at 3752 Duffy Street, for connection to the City's sewer system. The property is
located in an unincorporated area adjacent to City boundaries, generally southwest of Cajon
Boulevard, between 2nd and 3rd Avenues. This property is currently vacant and is in the process
of being developed into a single family, 4 bedroom residence.
In 1994, the California Government Code Section was amended by the addition of Section
56133, which requires the Local Agency Formation Commission (LAFCO) to approve the
provision of new City services outside its corporate boundaries. The annexation of single parcels
is not desirable since it creates uneven boundaries and creates confusion regarding the delivery
of other City services. In September of 1997, the City adopted a policy relative to the providing
of sewer services outside of City boundaries. The policy includes the payment of a $1,000 City
processing fee. Additionally, the petitioner will pay all LAFCO related fees directly to LAFCO
and the normal sewer capacity and hook-up fees. The policy also requires the land use to be
consistent with the City's General Plan and the property owner to execute an "Irrevocable
Agreement to Annex" in the event that this property is included in an annexation proceeding
sometime in the future.
The Water Department has indicated that there is adequate sewer capacity to serve this property
- there is an 18 inch pipe that runs along Duffy Street. The Planning Department has indicated
that the proposed land use is consistent with the City's General Plan. The applicant has paid the
$1,000 processing fee. LAFCO requires that the application be made by the Agency that is to
provide the service. The attached Resolution makes application to LAFCO and has been attached
for your action
Upon approval by LAFCO, the Irrevocable Agreement to Annex will be executed between the
City and the applicant.
FINANCIAL IMPACT:
The $1,000 processing fee has been paid by the applicant to cover the City's cost for the
proceedings and all applicable LAFCO fees and sewer hook-up fees will be paid by the
applicant.
RECOMMENDATION:
Staff recommends that authorization be given to proceed with the proposed sewer hook-up and
that the attached Resolution making application to LAFCO be approved.
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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 3752 DUFFY STREET.
WHEREAS, Alfaro Developments Inc., a California Corporation, which is the owner of
property located in unincorporated territory located at 3752 Duffy Street, Assessor's Parcel No.
0267-031-71, 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
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 3752 Duffy Street, Assessor's Parcel No. 0267-031-71, more
fully described as follows:
No- JI
:lj ~J / OG1
01/30/06
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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 3752 DUFFY STREET
All that certain real property situated in the County of San Bernardino, State of California,
described as follows:
The south one-half of Lot 38, Tract No. 2946, as per plat recorded in Book 40 of
Maps, Pages 82-84 records of said County.
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. 2006-03, a copy of which is attached
as Exhibit "A-I" 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.
/I!
01/30/06
2
1 RESOLUTION OF THE CITY OF SAN BERNARDINO MAKING APPLICATION TO THE LOCAL
AGENCY FORMATION COMMISSION FOR PROVIDING CITY SEWER SERVICES TO PROPERTY
2 WITHIN UNINCORPORATED TERRITORY LOCATED AT 3752 DUFFY STREET
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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
meeting thereof
, 20_, by the following vote, to wit:
day of
held on the
8 Council Members: AYES
ABST AIN ABSENT
NAYS
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ESTRADA
LONGVILLE
MCGINNIS
DERRY
KELLEY
JOHNSON
MCCAMMACK
City Clerk
day of
,20_
The foregoing resolution is hereby approved this
JUDITH V ALLES, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
By: ./(Uf.
01/30/06 !
, /
! i,
/ II:. I. (
)
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APPLICATION FOR
EXTENSION OF SERVICE BY CONTRACT
AGENCY TO EXTEND SERVICE:
AGENCY NAME:
City of San Bernardino
CONTACT PERSON:
Jeanne'marie E. Fitzpatrick
PHONE:
300 N. "D" Street, San Bernardino, CA 92418
(909) 384-5328
ADDRESS:
CONTRACTING PARTY:
NAME OF
PROPERTY OWNER:
Alfaro Developments Inc., A California Corporation
1377 W. 2nd Street, San Bernardino, CA 92410
MAILING ADDRESS:
PHONE:
(951) 543-2707
ADDRESS OF PROPERTY
PROPOSED FOR CONTRACT
3752 Duffy Street, San Bernardino, CA 92407
CONTRACT NUMBER/IDENTIFICATION:
Annex. No. 2006-03
PARCEL NUMBER(S)
0267-031-71
ACREAGE:
.25 acres (1 Ll1 0 square feet)
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
EXHIBIT "A"
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 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 not contiguous to City boundaries. Property owner will be required to execute
a written 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.
Property is in the process of being developed into a single family, four bedroom
residence.
2
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
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 0
Other, (provide explanation below) 0
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 an 18" sewer pipe in Duffy Street which is
the street that the property is located.
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Extension of Service by Contract
Application Form
CERTIFICA TION
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
DA TED:
January 6, 2006
REQUIRED EXHIBITS TO THIS APPLICATION:
I. 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:
KA THLEEN ROLLINGS-MCDONALD, Executive Officer
Loca] Agency Formation Commission
175 West Fifth Street, Second Floor
San Bernardino, CA 92415-0490
PHONE: (909) 387-5866
FAX: (909) 387-587]
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City of San Bernardino
Development Services Department
Extension of City Services by Contract
Plan for Providing Service
1. Contract / Agreement Reference:
Irrevocable Agreement to Annex No. 2006-03
2. Property Owner:
Alfaro Developments Inc., A California Corporation
3. Property Address:
3752 Duffy Street. San Bernardino, CA
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 residential use. All applicable
fees will be paid for by the applicant.
LAFCO SC#
IRREVOCABLE AGREEMENT TO ANNEX
No. 2006-03
THIS AGREEMENT, entered into this day of
20 ; by and between ALF ARO DEVELOPMENTS INC., A CALIFORNIA
CORPORA TION , hereinafter referred to as "OWNERS," 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 3752 Duffy
Street San Bernardino County, California, and parcel is more fully described in Exhibit
'T' attached hereto and made a part hereof.
Assessor's Parcel Number(s) 0267-031-71 ; and
WHEREAS, said parcel is within the Sphere ofInfluence of CITY; and
WHEREAS, OWNERS desire 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 parcel
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 lntluence.
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.
EXHIBIT IA_1"
IRREVOCABLE AGREEMENT TO ANNEX NO.
2006-03
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 CITYin 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.
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.
IRREVOCABLE AGREEMENT TO ANNEX NO.
2006-03
LAFCO SC#
SECTIO:\ 2: CITY Agrees -
a. To allow OWNERS' parcel, described hereinbefore, to connect to the City
of San Bemardino's sewage system, subject to payment of all applicable
fees and pemlits.
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 OWNERS securing approval from the Local Agency Formation
Commission.
IN WITNESS WHEREOF, the patiies hereto have caused this agreement to be
executed by their respective officials thereunto duly authorized.
OWNER:
CITY OF SAN BERNARDINO
ALFARO DEVELOPMENTS INC., A
CALIFORNIA CORPORATION
By:
JUDITH V ALLES, Mayor
By:
ATTEST:
City Clerk
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
r-
By:
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Legal Description
APN: 0267-031-71
All that certain real property situated III the County of San Bernardino, State of
California, described as folIows:
The south one-half of Lot 38, Tract No. 2946, as per plat recorded in Book 40 of Maps,
Pages 82-84 records of said County.
EXHIBIT "1"
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
M~""g D.. "',re A""r~' '1:>1,) Db !rem' ~ I
Vote: Ayes lt2 Nays Abstain
Change to motion to amend original documents 0
Resolution #
j-r)D6 - Y7
Absent~1
Companion Resolutions
NulVVoid After: days /
Resolution # On Attachments: 0
Note on Resolution of attachment stored separately: 0
PUBLISH 0
POST 0
RECORD W/COUNTY 0
By:
Date Sent to Mayor: ~ Y7' ~ jD
Date of Mayor's Signature: /" )-7, Db
Date of Clerk/CDC Signature:
Reso. Log Updated: .r;(
Seal Impressed: gI)
Reso. # on Staff Report 0/
Date Memo/Letter Sent for Signature:
I" Reminder Letter Sent:
Date Returned:
2nd Reminder Letter Sent:
Not Returned: 0
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):
Yes~
No~By_
No/' ----y7By
NO~~L-
No~y
NO~ By_
Yes
Yes
Yes
Yes
Copies Distributed to:
Animal Control
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~ ) Human Resources
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EDA
0 Information Services 0
0 Parks & Recreation 0
0 Police Department D
D Public Services 0
0 Water Department 0
City Administrator
City Attorney
Code Compliance
Development Services
Others:
Facilities
Finance
Notes:
Ready to File:
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Date:
Revised 12118103