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HomeMy WebLinkAbout22-Development Services 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 - 4136 Mountain Drive Dept: Development Services Date: January 26, 2006 File No. 12.0IA-09 Synopsis of Previous Council Action: 09/29/97 m 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: I. 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 4136 Mountain Drive; AND Ek- 2. Adopt Resolution. James Funk Contact person: Jeanne'marie Fitzpatrick Supporting data attached: Staff Report/Map/Reso FUNDING REQUIREMENTS: Amount: $1,000 Phone: 5328 Ward: N/A (Btwn. 5th and 4th Wards) Source: (Acct. No.) Processing Fee (Acct. Description) Finance: Council Notes: ~D@b-LJ~ Agenda Item No. ~ ~/dJ /0(, 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 - 4136 Mountain Drive BACKGROUND: On September 26,2005, this office received a request from Starlight Mgrnt - 17, LP, owner of property located at 4136 Mountain Drive, for connection to the City's sewer system. The property is located in an unincorporated area adjacent to City boundaries, generally north of Kendall Drive and east of 41h Street. This property, which currently has a three bedroom single family residence located on it, is in the process of being subdivided into four additional residential (single-family) lots. 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 a ten inch pipe that runs along 4151 Street, intersecting with Mountain Avenue. 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. RECOMMENDA nON: 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. _San_ B"rnardmo: ~A. 2005-2006 - 0265-151-10-0000. Sheet 1 of 1 0 I 0- 0 .;;; c I 0. 0 @ .- ~ I . ~ 0 0 ~ ~ _ -t8tH- - tmtt- - - - - (-I. -\-!HH-j- - - - - - - HHff- :. - -; . . -- " '" I o~ " '" '" .. .. .. ,,, @ . "I 0;; ~ '" :~ .,. @ @ @ @ @ @ .,. '" - - - = o 0 - :!: @ i - " '" - . '" 1 " '" ", .. I ~ ceo ,,, I ~ ~ ~ = @ = @ = _ ~ c @) =~. @ --= c - @ = @ -0 = ::::l = = @ = 1 )> "I -, @ . .. .. " -, @ . n.n .. 1 0 1 :=e Par. 1 Par. Per. 3 Par. , ;;;r . @ @ @ @ Cl> 0 = @ = P.V.!iI18 a. 10: 3:Ul @ @) = . c: = @ ~C"' I c: !H ." N-' @ ~I~ @ = ~C"' = .........0 O'>::::l 'H.lE ":' = @ ..., , 0 . 11l.1 -, 3 19 @ = '" III q l/) -i ~ @ 3 18 @ -, ~ 0 ID,O C> "'/ @ ~ @ , 17 ~ )> t 'lll) l(/} ~ -. @ 12) 6"'- ~ '8) 16 : : I III II f @ 15 @ = @ @ .U..5 '" @ " i} @ 14 " @ -....v> 000 'll 0 ,,, 1111 -. ....."" 'is 0 VlC:>> ~ ...",c:> o ,,~ 13 @ ~ @ : .....,~~ "" ~ " ""'" Ill,ll ".i "''' c:> ~ ~ 11,1t ... I 0 '" o~ '" >~ ~ ",0 @ = " ~o. :;:l c:n"""'_ 12 @ : lOck '" -- ~ (J'IVl ~I U .!. 0; I '~ .; '" :E ~"'t:I3:" :! =@ - c:: " " 0 ~ @ ... =. 0<0'<> II @ = I. "I m ~- (") II . ~ .. 0- 0. "en -" =. - - !;;I 0 ~ . . 1 \I G' '" \ '" '" ~ If\ I ~! r:> co ~ c..n ~ "" ~ "" --r 8 ~ ... ;So 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 4136 MOUNTAIN DRIVE. WHEREAS, Starlight Mgmt - 17, LP, a California Limited Partnership, which is the owner of property located in unincorporated territory located at 4136 Mountain Drive, Assessor's Parcel No. 0265-151-10, 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 4136 Mountain Drive, Assessor's Parcel No. 0265-151-10, more fully described as follows: ~D. d..d--- ~ ) d.-J J D ft, 01/30/06 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 4136 MOUNTAIN DRIVE All that certain real property situated in the County of San Bernardino, State of California, described as follows: The south one-half of the north one-fifth of Lot 19 and the south one-half ofthe north two- fifths of Lot 19, Arrowhead Suburban Farms, Tract "A", in the County of San Bernardino, State of California, as per plat recorded in Book 21 of Maps, Page 6, 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. 2006-01, 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. /1/ 01/30/06 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 4136 MOUNTAIN DRIVE 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: held on the day of NAYS ABST AIN ABSENT Council Members: AYES ESTRADA LONGVILLE MCGINNIS DERRY KELLEY JOHNSON MCCAMMACK City Clerk day of ,20 The foregoing resolution is hereby approved this Approved as to form and legal content: JAMES F. PENMAN City AttorntY By: 01/30/06 JUDITH V ALLES, Mayor City of San Bernardino 'l .' o ,. /. C t ,:( i 'Odol 3 APPLICATION FOR EXTENSION OF SERVICE BY CONTRACT AGENCY TO EXTEND SERVICE: AGENCY NAME: City of San Bernardino CONTACT PERSON: leanne'marie E. Fitzpatrick PHONE: 300 N. "D" Street, San Bernardino, Ca 92418 (909) 384-5328 ADDRESS: CONTRACTING PARTY: NAME OF PROPERTY OWNER: Starlight Management-17, LP, A California Limited Partnership 4900 Santa Anita, Suite 2B, El Monte, CA 91731 MAILING ADDRESS: PHONE: (213) 200-8119 ADDRESS OF PROPERTY PROPOSED FOR CONTRACT 4136 Mountain Drive, San Bernardino, CA 92407 CONTRACT NUMBER/IDENTIFICA nON: Annex. No. 2006-01 PARCEL NUMBER(S) 0265-151-10 ACREAGE: 1.25 acres (54,528 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. City presently offers City sewer to City residents and 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 subdivided into four additional residential (single family lots) which is consistent with the City's General Plan. 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 Other, (provide explanation below) [] rl U 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 10" sewer pipe in 4151 Street which is approximately 380 feet south of the property and a 10" sewer pipe in Fourth Avenue which is ilpproximiltely )00 feet west of the property 3 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 DA TED: January 6, 2006 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 175 West Fifth Street, Second Floor San Bernardino, CA 92415-0490 PHONE: (909) 387-5866 FAX: (909) 387-5871 4 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. 2006-01 2. Property Owner: Starlight Management-17, LP, A California Limited Partnership 3. Property Address: 4136 Mountain Drive, 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. 2006-01 THIS AGREEMENT, entered into this day of 20 ; by and between STARLIGHT MANAGEMENT-I?, LP A CALIFORNIA LIMITED PARTNERSHIP , 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 4136 Mountain Drive, San Bernardino County, California, and parcel is more fully described in Exhibit "1" attached hereto and made a part hereof. Assessor's Parcel Number(s) 0265-151-10 ; and WHEREAS, said parcel is within the Sphere oflnfluence ofClTY; 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 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. EXHIBIT "A-1" IRREVOCABLE AGREEMENT TO ANNEX NO. 2006-01 LAFCO SC# NOW, THEREFORE, the parties hereto agree as follows: SECTION 1: OWNER Agrees - a. To grant in-evocable 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. 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 forn1 Agreement (Sewer Connection and Service) with CITY stipulating the tenns and conditions under which the connection shall be made and maintained IRREVOCABLE AGREEMENT TO ANNEX NO. 2006-0 I LAFCO SC# SECTION 2: CITY Agrees- a. To allow OWNERS' parcel, described hereinbefore, to connect to the City of San Bernardino's sewage system, subject to payment of all applicable fees and pernlits. 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 parties hereto have caused this agreement to be executed by their respective officials thereunto duly authorized. OWNER: CITY OF SAN BERNARDINO STARLIGHTMGMT-17, LP, A CALIFORNIA LIMITED PARTNERSHIP By: JUDITH V ALLES, Mayor By: ATTEST: City Clerk Approved as to fonn and legal content: JAMES F. PENMAN City Atto~lley / //,I./i.. ;/1') /J /.../i '. i By: " i /1.[[1.../ U.// {.. \... LI.(:: { ~ hJ- J Legal Description APN: 0265-151-10 All that certain real property situated in the County of San Bernardino, State of California, described as follows: The south one-half of the north one-fifth of Lot 19 and the south one-half of the north two-fifths of Lot 19, Arrowhead Suburban Farms, Tract "A", in the County of San Bernardino, State of California, as per plat recorded in Book 21 of Maps, Page 6, Records of said County. Approximate Area: 1.25 Acres EXHIBIT "1" ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM M,o;., n." (D.., Adf,d)' ~_ 'rem' Vote: Ayes 0 Nays Change to motion to amend original documents 0 \Py- ~d-- ') 1116 L1 C7 Resolution #t?"OU - 1 D Abstain Absent ~ 7 Companion Resolutions NulIIVoid 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: J,. ) -7 (OJ; Date of Mayor's Signature: ? r n( Ob Date of Clerk/CDC Signature: Reso. Log Updated: 0' Seal Impressed: ~ ~ Reso. # on StaffReportfi 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): YesL No By_ No -LBy__ No~BY_ No~~ No~By_ Yes Yes Yes Yes Copies Distributed to: Animal Control City Administrator City Attorney Code Compliance Development Services Others: o EDA o o o o o Information Services Parks & Recreation Police Department Public Services o o o o o o ~ Facilities ~ Finance o Fire Department ~ L 3) Human Resources )~cI- Water Department Notes: Ready to File: _ Date: Revised 12/18/03