HomeMy WebLinkAbout13-Development Services
ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Dept: Development Services
Subject: Authorization to Proceed and Resolution
Making Application to the Local Agency Formation
Commission for Sewer Services Outside City
Boundaries - 2910 North Macy Street
From: JAMES FUNK, Director
Date: February 23, 2006
File No. l2.01A-12
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: 03-20-06
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 2910 North
Macy Street;
AND
2. Adopt Resolution.
~.s~
Supporting data attached: StaffReport/Map/Reso
FUNDING REQUIREMENTS: Amount: $1,000
Phone: 5328 ili
N/A (Partially surrounded by 6
Ward: Ward)
Contact person: Jeanne'marie Fitzpatrick
Source: (Acct. No.) Processing Fee
(Acct. Description)
Finance:
Council Notes: )JlOio ~ 1 )-
Agenda Item No.
-13
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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 - 2910 North Macy Street
BACKGROUND:
In December 2005, this office received a request from Robin Donatelli, owner of property
located at 2910 North Macy Street, for connection to the City's sewer system. The property is
generally located in the center of unincorporated area, south of Blake Street and East of Duffy
Street. There is a three bedroom, single family residence located on this property and there are
no plans to further develop.
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 io 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 10 inch sewer line that runs along Macy Street in front of this property. The Planning
Department has indicated that the current land use is consistent with the City's General Plan.
(See attached memos). 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.
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CITY OF SAN BERNARDINO
VELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION
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~ indicates un-incorporated areas
~ within City's Sphere of Influence
File No.: '1. DfA-I2.
Date: 2.-23 -o~
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~patrick Je
':rom:
~ent:
To:
Subject:
Rahhal_ Te
Wednesday, February 22,20061 :30 PM
Fitzpatrick_Je
2910 N. Macy APN 0268-031-15
The subject property is located outside the City limit, in the Muscoy area, within the Sphere of
Influence. Sewer service has been requested to serve an existing single family residence on the
subject property, which is approximately 1.1 acre in area. You have inquired about land use
consistency with the City General Plan. The City General Plan land use designation/pre-zoning for
this site is RL, Residential Low, which permits single-family residential uses at a maximum gross
density of 3.1 dwelling units per acre. The existing use of the property (one residence) is consistent
with the City General Plan.
Terri Rahhal, Principal Planner
City of San Bernardino
909-384-5057 ex!. 3330
1
CITY OF SAN BERNARDINO
MUNICIPAL WATER DEPARTMENT
INTEROFFICE MEMORANDUM
TO:
Jeanne'marie Fitzpatrick, Real Property Specialist
Development Services
FROM:
Stacey R. Aldstadt, General Manager
SUBJECT:
REQUEST FOR SEWER HOOKUP 2910 N. MACY STREET
APN 0268-031-15
DATE:
January 29, 2006
CC:
John Perry, Neil Thomsen
There is sufficient wastewater capacity to serve the above-referenced residence, which is located outside
of the city's boundaries.
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General~lanager
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO MAKING APPLICA TlOl\
TO THE LOCAL AGENCY FORMATION COMMISSION FOR PROVIDING CITY
SEWER SERVICES TO PROPERTY WITHIN UNINCORPORATED TERRITORY I
LOCATED AT 2910 NORTH MACY STREET.
WHEREAS, Robin Donatelli, owner of property located in unincorporated territory
located at 2910 North Macy Street, Assessor's Parcel No. 0268-031-15, 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 Commis~ion
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 2910 North Macy Street, Assessor's Parcel No. 0268-031-15,
more fully described as follows:
l/t1 I j
02/23/06
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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 2910 NORTH MACY STREET
All that certain real property situated in the County of San Bernardino, State of California,
described as follows:
Parcel No.1:
The south one acre of Lot 342, Tract No. 2258, as per plat recorded in Book 32 of
Maps, Page 72 to 77, inclusive, records of said County.
Parcel No.2:
The North 15 feet of Lot 341, Tract No. 2258, as per plat recorded in Book 32 of
Maps, Pages 72 to 77, inclusive, records ofsaid 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. 2006-04, 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.
ill
02/23/06
2
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 2910 NORTH MACY STREET
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4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a
held on the
day of
, 20_, by the following vote, to wit:
8 Council Members: AYES
NAYS
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ESTRADA
BAXTER
MCGINNIS
DERRY
KELLEY
JOHNSON
MCCAMMACK
The foregoing resolution is hereby approved this
Approved as to form
and legal content:
JAMES F. PENMAN
City ~ttorney
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By: 'h'l,....- 7 ,(.1 h---'.....
/~/06
meeting thereof
ABSTAIN ABSENT
City Clerk
day of
,20_.
PATRICK 1. MORRIS, Mayor
City of San Bernardino
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:
MAILING ADDRESS:
Robin Donatelli
28782 10p of the World Dnve,
Laguna Beach, CA 92651
PHONE:
(949) 584-0846
ADDRESS OF PROPERTY
PROPOSED FOR CONTRACT
2910 North Macy Street, San Bernardino, CA
92407
CONTRACT NUMBERJIDENTIFICA nON:
Annex. No. 2006-04
PARCEL NUMBER(S)
0268-031-15
ACREAGE:
1.1 Acres (approx. 47,900 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 "An
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 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.
Property is an existing three bedroom single family residence. There are no plans to
make changes to the existing structure.
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
Subdivision Map or Parcel Map
Specific Plan
General Plan Amendment
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 10 inch and 21 inch sewer lines in Macy
Street which is the street the property in question is located.
3
Extension of Service by Contract
Application Fonn
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:
February 23, 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
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
I. Contract / Agreement Reference: Irrevocable Agreement to Annex No. 2006-04
2. Property Owner:
Robin Donatelli
3. Property Address:
2910 North Macy 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 as follows:
SEWER FEES
Sewer Capacity Fee: $3500.00 x 1 dwelling unit = $3500.00
Sewer Connection (Permit): $362.96 per bedroom @ 3 bedrooms = $1088.88
Sewer Lateral Fee: $15.00
LAFCO SC#
IRREVOCABLE AGREEMENT TO ANNEX
No. 2006-04
THIS AGREEMENT, entered into this day of
20 ; by and between ROBIN DONA TELL! , 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 2910 North
Macy Street. 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) 0268-031-15 : and
WHEREAS, said parcel is within the Sphere of Influence 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 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.
IRREVOCABLE AGREEMENT TO ANNEX NO.
2006-04
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 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.
2006-04
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 permits.
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
By:
ROBIN DONA TELL!
PATRICK J. MORRIS, Mayor
ATTEST:
City Clerk
Approved as to form
and legal content:
JAMES F. PENMAN
City At
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CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
INTEROFFICE MEMORANDUM
TO: Eileen Gomez, City Clerk's Office
FROM: Jeanne'marie Fitzpatrick, Real Property Specialist
Development Services Department/Real Property Section
SUBJECT: Resolution Making Application to LAFCO for Sewer Services - 2910 Macy Street
DATE: March 6, 2006
FILE NO.: File No. 12.01A-12
On March 20, 2006, a Resolution making application to LAFCO for sewer services (2910 Macy Street)
is scheduled for approval. Attached to the original resolution is the original Irrevocable Lease
Agreement. Please have the original agreement executed along with the resolution. The Mayor's
signature on the agreement must also be notarized. Upon receipt of the signed resolution and agreement,
please forward the original agreement (with notarized signature) plus two additional copies ofthe
agreement and two copies of the resolution to my attention.
estions, please call me at ext. 5328.
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): g . J D~ Dr-,
Vote: Ayes rt Nays
Change to motion to amend original documents 0
(?;,
Item #
Abstain
Companion Resolutions
Resolution #
)-r:e6-7:L
Absent
NullNoid After: days /
Resolution # On Attachments: 0 Note on Resolution of attachment stored separately: 0
PUBLISH 0
POST 0
By:
RECORD W/COUNTY 0
Date Sent to Mayor: 3 I J1 ~ [) It, .
Date of Mayor's Signature: ~ /} rl 0 fa
Date ofClerk/CDC Signature: " j),~O~
Date Memo/Letter Sent for Signature:
I" Reminder Letter Sent:
~/)if ~b
Date Returned:
2'd Reminder Letter Sent:
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):
Copies Distributed to:
Animal Control
City Administrator
City Attorney
Code Compliance
Development Services
Others:
o
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EDA
Facilities
Finance
Fire Department
Notes:
Ready to File:
Date ~Qb
Revised 12/18/03
Reso. Log Updated: 0-
Seal Impressed: .Ef /
Reso. # on Staff Report d
Not Returned: 0
Yes /
NOr By_
No By
NO.77~/ B ---
--/ -
No-=-- y_
No_ By_
Yes
Yes
Yes
Yes
Information Services
Parks & Recreation
Police Department
Public Services
Water Department
o
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o
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CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
March 28, 2006
TO:
Jeanne Fitzpatrick, Real Property Specialist
Development Services Department
FROM:
Eileen Gomez, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution 2006-72
At the Mayor and Common Council meeting of March 20, 2006, the City of San Bernardino
adopted Resolution No. 2006-72 - Resolution making application to the Local Agency
Formation Commission for providing City sewer services to property within unincorporated
territory located at 2910 North Macy Street.
Attached is a copy of the resolution, one (1) original Irrevocable Agreement to Annex, executed
by the Mayor, City Clerk and City Attorney. Please obtain signatures in the appropriate
locations and return the ORIGINAL agreement to the City Clerk's Office as soon as possible, to
my attention.
If you have any questions or need further assistance, please do not hesitate to contact me at ext.
3206.
Thanks and have a great day!
Eileen Gomez
Senior Secretary
Signed:
c . t of the above mentioned documents.
Date:
Please sign and return