HomeMy WebLinkAbout10-Development Services
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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 - 2852 N. Macy Street (Muscoy Fire
Station No. 75)
File No. 12.01A-07
MCC Date: 09-15-2003
Dept: Development Services N A l
Date: August 26, 2003 OR161
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.
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 2852 N.
Macy Street (Muscoy Fire Station No. 75);
AND
2. Adopt Resolution.
-hIfJ<-
Contact person: EILEEN GOMEZ
Supporting data attached: Staff ReportlMap/Reso
5328
Phone:
Ward:
N/A (6th Ward area)
FUNDING REQUIREMENTS: Amount:
$1,000
Source: (Acct. No.) Processing Fee
(Acct. Description)
Finance:
Council Notes:
\2.to6~;)S'-j
Agenda Item No.
-10
"/15#3
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 - 2852 N. Macy Street (Muscoy Fire
Station No. 75).
BACKGROUND:
On June 16,2003, this office received a request from the County of San Bernardino, owner of
the Muscoy Fire Station No. 75, located at 2852 N. Macy Street, for connection to the City's
sewer. The property is located in an unincorporated area adjacent to City boundaries, generally
north of Darby Street. This fire station will house approximately three (3) fire fighters full time
(24-hour shifts), generating wastewater similar to that of a standard 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 $1 ,000 in
addition to all LAFCO fees and the normal sewer capacity and hook-up fees. The policy also
requires 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
and 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. If approved, the applicant will be required to pay
all applicable LAFCO fees. However, the property owner has requested a waiver, subject to
approval by LAFCO.
The attached resolution authorized the submittal of a formal application by the City to LAFCO,
as required by law, a copy of which is attached as Exhibit "A" to the resolution. The County has
requested a waiver of the LAFCO fees, due to the additional expense of hooking up to the City's
sewer. If the waiver is denied by LAFCO, the LAFCO fees will be paid by the applicant (the
County). Upon approval by LAFCO, an Irrevocable Agreement to Annex will be executed
between the City and the applicant. The applicant will be required to complete the normal
processing required for sewer connection, including City inspection and payment of the normal
connection fees associated with providing sewer services, including sewer capacity fees.
FINANCIAL IMP ACT:
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 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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Par. Tract
MB.32
o. 2258
72-77
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BLAKE
262
2
264
DARBY
CITY
LIMITS
JRO ST.
VICINITY MAP
(N.T.S.)
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263
277
278
STREET
STREET
2 4
RCELS TO BE
NNECTED TO
fTY SEWER
276
LAFCO SC#' FILE NO.: 12.Q1A-Q7
SAN BERNARDINO CITY BOUNDARY
SHOWN THUS: -.-.-.-.-.-.-.-.-.-
21 "SAN BERNARDINO CITY SEWER
MAIN SHOWN THUS: -----------
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
REAL PROPERTY SECTION
REQUEST FOR CONNECTION TO
CITY'S SEWER SYSTEM FOR
PROPERTY OUTSIDE OF CITY
BOUNOARIES-APN 0268-041-12.
0268-041-13
Created by: LASZLO FOGASSY Date: 06/24/03
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RESOLUTI~NQ) r l
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 2852 N. MACY STREET (MUS COY FIRE STATION NO. 75).
WHEREAS, the County of San Bernardino, which is the owner of property located in
unincorporated territory located at 2852 N. Macy Street, Assessor's Parcel No. 0268-041-12 & 13,
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,
which may be waived in full or in part ifrequested by said property owners(s) at the discretion of
the Commission; and
WHEREAS, the property owner(s) requesting said connection have requested a waiver of
said Local Agency Formation Commission fees.
08/26/03
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RESOLUTION MAKING APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION
FOR THE CONNECTION OF UNINCORPORATED PROPERTY BY MUSCOY FIRE STATION NO. 75
TO THE CITY'S SEW AGE SYSTEM
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 ofthe City of San Bernardino hereby
make application to the Local Agency Formation Commission for the connection to the City's
sewage system and hereby request, on behalf of the applicant. a waiver of fees by the Local Agency
Formation Commission for property located at 2852 N. Macy Street, Assessor's Parcel No. 0268-
041-12 & 13, more fully described as follows:
Parcell: The North 80 feet of Lot 340, Tract No. 2258, recorded in Book 32 of
Tract Maps, Pages 72 through 77, records of said County.
Parcel 2: The South 90 feet of Lot 34 L Tract No. 2258, recorded in Book 32 of
Tract Maps, Pages 72 through 77, records of said County.
Parcels 1 and 2 above being subject to all reservations, restrictions, rights and rights-of-
way of record.
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. 2003-01, a copy of which is attached
as Exhibit "A-I" of said application, upon approval by the Local Agency Formation Commission.
25 SECTION 4. That the City Clerk of said City is hereby authorized and directed to file, or
26 cause to be filed, a certified copy of this resolution with the Executive Officer of the Local Agency
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Formation Commission.
/II
08/26103
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RESOLUTION MAKING APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION
1 FOR THE CONNECTION OF UNINCORPORATED PROPERTY BY MUSCOY FIRE STATION NO. 75
TO THE CITY'S SEWAGE SYSTEM
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20 The foregoing resolution is hereby approved this
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
held on the
day of
Council Members: A YES
NAYS
ESTRADA
LONGVILLE
MCGINNIS
DERRY
SUAREZ
ANDERSON
MCCAMMACK
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Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
BY:~ "1. (J~
08&03
meeting thereof
, 20_, by the following vote, to wit:
ABSTAIN ABSENT
City Clerk
day of
,20_
JUDITH V ALLES, Mayor
City of San Bernardino
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APPLICATION FOR
EXTENSION OF SERVICE BY CONTRACT
AGENCY TO EXTEND SERVICE:
AGENCY NAME:
City of San Bernardino
CONTACT PERSON:
Laszlo "Les" Fogassy
ADDRESS:
300 N. "D" Street, San Bernardino, Ca 92418
PHONE:
(909) 384-5026
CONTRACTING PARTY:
NAME OF
PROPERTY OWNER:
County of San Bernardino
MAILING ADDRESS:
157 W. Fifth St., 2"" Floor, San Bernardino, CA 92415
PHONE:
(909) 387-5940
ADDRESS OF PROPERTY
PROPOSED FOR CONTRACT
2852 N. Macy Street, San Bernardino
CONTRACT NUMBER/IDENTIFICATION:
Irrevocable Agreement to Annex No. 2003-01
PARCEL NUMBER(S)
0268-041-12 & 13
ACREAGE:
1.14 AC (49,640 S.F.)
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.
EXHIBIT "A"
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Extension of Service by Contract
Application Form
1.
(a)
List type of service(s) to be provided by this contract.
Sanitary Sewer
(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
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 non-verbal 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.
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Extension of Service by Contract
Application Form
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.
Service request is due to the proposed construction of a new fire station.
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
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Extension of Service by Contract
Application Form
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 21" sewer main in Macy Street adjacent to the
parcel requesting the connection. APPLICANT HAS REQUESTED A WAIVER OF
LAFCO PROCESSING FEES.
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.
CITY OF SAN BERNARDINO
SIGNED BY:
Date:
Laszlo Fogassy
POSITION TITLE: Real Property Supervisor
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:
Local Agency Formation Commission
175 West Fifth Street, Second Floor
San Bernardino, CA 92415-0490
PHONE: (909) 387-5866
FAX: (909) 387-5871
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LAFCO SC#
IRREVOCABLE AGREEMENT TO ANNEX
No. 2003-01
THIS AGREEMENT. entered into this day of
20 ; by and between COUNTY OF SAN BERNARDINO
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, 2852 N.
Macv Street (also known as Muscov Fire Station No. 75). San Bernardino, California,
and parcel(s) is (are) more fully described as follows:
Parcel I:
The North 80 feet of Lot 340, Tract No. 2258, recorded in Book 32 of Tract Maps, Pages
72 through 77, records of said County.
Parcel 2:
The South 90 feet of Lot 341. Tract No. 2258, recorded in Book 32 of Tract Maps, Pages
72 through 77, records of said County.
Parcels I and 2 above being subject to all reservations, restrictions, rights and rights-of-
way of record.
Assessor's Parcel Number(s) 0268-041-12 and 13; and
WHEREAS, this (these) parcells) is (are) within the Zone ofInfluence of CITY;
and
WHEREAS, OWNER desires to obtain sewer service for said parcells); and
WHEREAS, sewer service could be provided to said parcells) 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(s); and
WHEREAS, CITY is willing to allow connection of this (these) unincorporated
parcells) to its sewage system. due to the expectation that said parcells) will be annexed
Exhibit "A-I"
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IRREVOCABLE AGREEMENT TO ANNEX NO.
2003-0 I
LAFCO SC#
to the City of San Bernardino at some future date, due to the fact that the parcel(s) is (are)
within CITY'S Zone ofInfluence.
WHEREAS, the covenants and conditions set forth herein shall create an
equitable servitude upon the parcel(s), and shall be fully binding upon OWNER'S heirs,
successors and assigns.
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. (In some
circumstances, these fees may be borne by CITY.)
c. To pay all fees and charges and make all deposits required by the CITY to
connect to and use the 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, for
approval to connect to CITY's sewage system, pursuant to Section 56133 of
the Government Code.
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IRREVOCABLE AGREEMENT TO ANNEX NO.
LAFCO SC#
2003-0 I
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 OWNER's parcel(s), 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 OWNER 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.
COUNTY OF SAN BERNARDINO
CITY OF SAN BERNARDINO
By:
By
Mayor
By:
ATTEST:
City Clerk
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
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DARBY
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3RDST.
CITY
L.IMITS
PROJECT
LOCA TION
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VICINITY MAP
(N.T.S.)
LAFCO SC#: FILE NO.: 12_01A-Q7
SAN BERNARDINO CITY BOUNDARY
SHOWN THUS -.-.-.-.-.-.-.-.-.-
21 . SAN BERNARDINO CITY SEWER
MAIN SHOWN THUS: ----------.
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
REAL PROPERTY SECTION
REQUEST FOR CONNECTION TO
CITY'S SEWER SYSnEM FOR
PROPERTY OUTSIDE OF CITY
BOUNDARIES-APN 0266-041-12,
0266-041-13
Created by LASZLO FOGASSY Dale: 06/24/03
EXHIBIT "A-2"
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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. 2003-01
2. Property Owner:
Countv of San Bernardino
3. Property Address:
2852 N. Macy Street San Bernardino. CA
4. Service to be proyided:
Connection to Sewer System
5. Service to be proyided as follows:
Property owner will apply for sewer connection services
through the normal permit process now in effect by the City for commercial use. All applicable
fees will be paid for by the applicant
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EXHIBIT "A-3"
,----- --
.
.
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): ({-IS-D.'S Item # It) Resolution #
Vote: Ayes 1-"1 Nays I)- Abstain -6-
Change to motion to amend original documents:
V>a3 - 2J;LI
Absent e-
Reso_ # On Attaclunents: L..- Contract term: -
Note on Resolution of Attachment stored separately: -==-
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
Date Sent to Mayor: '1- 1'1- 03
Date ofMayar's Signature: c\. l'l- 0")
Date ofClerklCDC Signature: q. l'i 'Q"-
e Memo/Letter Sent far Signature:
60 Day Reminder Letter en
90 Day Reminder Letter Sent on 45th day:
See Attached:
See Attached:
ched:
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:
City Attorney /
Parks & Rec.
Code Compliance
Dev. Services
Public Services
Water
Police
Notes:
Ck'iC-T\n6:0 --;0 Ie<, k:6A">'i
Null/Void After: -
By: --
Reso. Log Updated:
Seal Impressed:
.....--
V'"
Date Returned:
Yes ./ No By
Yes No v By
Yes No ..L.. By
Yes No (/ By
Yes No / B
,/
MIS
Finance
EDA
Others:
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc,)
Ready to File: _
Date:
Revised 01112101