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HomeMy WebLinkAbout18-Development Services• CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Subject: Authorization to Proceed and Resolution Malting Application to the Local Dept: Development Services Agency Formation Commission for Sewer Services Outside City Boundaries - 2900 N. Date: February 14, 2007 Macy Street. File No.: 12.O1A-16 MCC Date: Mazch 5.2007 Svnoasis of Previous Council Action: 09/02/97 --- Resolution 97-275 was adopted, approving a policy relative to connection of unincorporated properties to the City's sewage system. 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 fot property located at 2900 N. Macy Street, AND 2. Adopt Resolution. r~~.~~ Valerie C. Ross Phone: 5226 Staff Report, Application, Supporting data attached: Map, and Resolution Ward: N/A (Surrounded by 6th Wazd) Contact person: Ryan Sandoval FUNDING REQUIREMENTS: Amount: $1,300 (Processing Fee paid by applicant) Source: Acct # 001-000-4780-0000 Account Description: Misc. Recovery/ Processing Fee Finance: Council Notes: Agenda Item No. '~ 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 - 2900 N. Macy Street. BACKGROUND: On November 28, 2006, this office received a request from Mazco A. Quintero, owner of the property located at 2900 N. Macy Street, for connection to the City's sewer system. The property is located in an unincorporated residential azea, generally south of Blake Street and north of Darby Street within the City's sphere of influence. This property is currently served by septic tank system and the applicant stated that it is in constant need of repair. In 1994, the California Government Code 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 pazcels 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 provision of sewer services outside of City boundaries. The policy includes the payment amount of $1,300 for the City processing fee. Additionally, the petitioner will pay all LAFCO-related fees directly to • LAFCO and the normal sewer capacity and hook-up fees to the City. 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 10-inch pipe that runs south along Macy Street. The Planning Division has indicated that the existing land use is consistent with the City's General Plan. LAFCO requires that the application be made by the agency that is to provide the service. The attached Resolution makes application to LAFCO. Upon approval by LAFCO, the Irrevocable Agreement to Annex will be executed between the City and the applicant. FINANCIAL IMPACT: The $1,300 processing fee has been paid by the applicant to cover the City's cost for the proceedings and all applicable LAFCO fees. The applicant will pay the sewer hook-up fees. 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. • u APPLICA"YIUN FUK 5E W ER SEIZV ICES _ OUTSIDE OF CITY BOUNDARIES To: City of San Bemardino Development Services Department, Real Property Section 300 N. "D" Street - 3rd Floor, San Bemardino, CA 9241 g (9091384-5111 This application is hereby submitted to the City of San Bemazdino, to initiate proceedings for the connection to the Cit}' Sewer System from my property, which is located outside [he boundaries o(the City of San Bemardino pursuant to established City policies, a copy of which I have receired and read, and Govenvnent Code Section 56133. I understand that a 51,300.00 non-refundable processing fee is due at the time this application is submitted. I further understand that prior to the City submitting an application to the Local Agency Formation Commission (LAFCO), I will be required to deposit any applicable LAFCO Cees with the Cit}• (or to be paid directly to LAFCO). Additional LAFCO fees may be due at the conclusion oC the proceedines, which 1 will be required to pay. 1 may request a waiver o(these fees from LAFCO, based upon an immediate health and safety problem. In the event that the waiver of all or a portion of the LAFCO fees is granted by LAFCO, the waived amount will be refunded. I also understand that I will be required to execute an "]rrevocable Agreement to Annex" in the event [hat my property may be subject to Annexation into the City of San Bemardino at some future time, if this application is approved. I further understand that sewer capacity and hook-up fees to the City will be due prior to permit processing. This app/icatioa is being submitted with the understanding that approval is na guarauteed. Please submit this application with proof of ownership fCopv of Deed, Title Policy. etc.) alone with processine fee of 51.300.00 and plat map show•ine locatiop of probem•. Property Owner(s): '~~1-,c,-. ,t. `.•..~.~•~c.c- .~ }-\..!~\~~. i_ ~.av ~-.:-,~ Mailing Address: .'-\~~' ~-\-~:_ -; "~-~.~i c '-~ "- •~ ti~-' Property Address: __ ' \o. ; ~~ / `> ; _-, t ^ C'; , ~ ~ • a r ? Assesso//r's Parcel No(s): 0 Z~ $ ' e4t - 2 3 Tel. No.: °%L~ - ~Si: `i~~ i5 [v'~'`~%tting Development: [ J New Deyelopmept: [>>~sidential (Single Family). No. Bedrooms: [ ]Residential (Single Family) No. Bearooms_ [ ]Residential (multi Camily). Describe: [ ]Residential (multi-family). Describe: [ J Commercial/Industrial. Describe: [ ]Commercial/Industrial. Describe: Note: Far new development and/or additions, please provide a cop}• of the site-play along with a cop}• of development permit filed with the Coupn• of San Bernardipo. Additional Comments: FA;]ln - o.~r ~~(,,,,, nc eec~e r..~or.~w.+..,~f l,.,f ~+rvt [ ] I request a waiver of LAFCO fees based upon the`fol~lowing health and safety urgency: Date: J~- 2Fr'-O~ ~"'I av~t. /~ CL:;~.t ~~ /G' SiSmature(s) FOR CITY USE ONL }' P-eceived r~: aY c.. b~: - - [. ••[ Receipt No' Nearest sewer main: CITY FEES: Filing: S 1.300.00 Comments: Capacity: Connection: Inspection: Monthly Rate S TOTAL: S ~ 3o- °' -r Rcc. 102006 - - -I 137.]5 % 9625 >u --. --- es~.aaa >: 2.12 AC. 13 2 AC. i 1.1 AL. i 1.11 Ac. 2.37 AC. 2.37 AC. 11 12 I.19 AC. 14 i ~L I~ r f'- w w 1.1 AC. C G 15 i 336 _ _ '°'- - 0 ~~I P,~ sews VICINITY MAP CITY OF SAN BERNARDINO DEVELOPMENT SERVICESbEPARTMENT ~ a REAL PROPERTY SECTION ® Indicates property that is requesting sewer service. Proposed City Sewer Hook-up: Marco A. Quintero & Martha Quintero 2900 N. Macy Street APN - 0268-041-23 Created by: Ryan Sandoval I Date:1/29/07 11 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO MAHING APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION FOR PROVIDING CITY SEWER SERVICES TO PROPERTY WITHIN UNINCORPORATED TERRITORY LOCATED AT 2900 N. MACY STREET. WHEREAS, Marco A. Quintero and Martha Quintero, the owner(s) of property within unincorporated territory located at 2900 N. Macy Street, Assessor's Parcel No 0268-041-23, 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 ll Influence; and WHEREAS, on September 2, 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; 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; and WHEREAS, pursuant to said City's policy relative to the connection of unincorporated 21 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 2900 N. Macy Street, Assessor's Parcel No. 0268-041-23, more fully described as follows: 02,08,07 `~'La. /g ~~~/d~ 1 2 3 4 5 6 7 8 9 10 11 ]2 13 14 15 16 1? 18 19 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 2900 N. MACY STREET. All that certain real property situated in the County of San.Bemazdino, State of Califomia, described as follows: Parcel 2 of Parcel Map No. 10780, in the County of San Bernardino, State of California as per map recorded in Book 121, Page(s) 62 and 63, of Parcel Maps, records of said County. SECTION 2. That the Director of Development Services, or her 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 Bernazdino. 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. 2007-03, a copy of which is attached as Exhibit "A-1" 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. /// 02/08/07 2 1 2 3 4 7 8 9 10 Il 12 13 14 15 1 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 2900 N. MACY STREET. 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 held on the day of , 20_, by the following vote, to wit: Council Members: AYES ESTRADA BAXTER BRINKER DERRY KELLEY JOHNSON MCCAMMACK NAYS ABSTAIN ABSENT 2111 The foregoing resolution is hereby approved this City Clerk day of 20 PATRICK J. MORRIS, Mayor City of San Bernardino Approved as to form: ~~ 27 MES F PENMAN, City Attorney 02/08/07 3 APPLICATION FOR EXTENSION OF SERVICE BY CONTRACT AGENCY TO EXTEND SERVICE: AGENCY NAME: CONTACT PERSON: City of San Bemardino Ryan Sandoval ADDRESS: 300 N. "D" Street, San Bernardino, Ca 92418 PHONE: (909) 384-5226 CONTRACTING PARTY: NAME OF PROPERTY OWNER (S): Marco A. Quintero & Martha Quintero 92407 B di 2900 N S S M an ernar no, acy treet, . MAILING ADDRESS: (909) 880-9035 PHONE: ADDRESS OF PROPERTY 2900 N. Macy Street, San Bernardino, 92407 PROPOSED FOR CONTRACT Irrevocable Agreement to Annex No. 2007-03 CONTRACT NUMBER/IDENTIF[CATION: PARCEL NUMBER(S) 0268-041-23 ACREAGE: 16,928 sq. ft (0.39 AC) The questions that 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 that you believe is pertinent. Use additional sheets where necessary. ' (Exhibit "A") Extension of Service by Contract Application Form • 1. (a) List type of service(s) to be provided by this contract. 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 owner will be required to execute 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. LJ 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. Residence already exists and is currently on a septic tank system. 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? [f 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 • 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 Bemazdino presently has a 10" sewer main in Macy Street, and the street is adjacent to the pazcel requesting the connection. 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. • S[GNED BY: CITY OF SAN BERNARDINO Date: Laszlo Fogassy POSITION TITLE: Real Propert~Sunervisor 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 215 North "D" Street San Bernardino, CA 92415-0490 PHONE: (909) 383-9900 FAX: (909) 383-9901 i City of San Bernardino Development Services Department Extension of City Services by Contract Plan for Providing Service 1. Contract /Agreement Reference: Inevocable Agreement to Annex No. 2007-03 2. Property Owner: Marco A. Quintero and Martha Quintero 3. Property Address: 2900 N. 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 normalpermit process now in effect by the Citv for facility use. All applicable fees will bepaid for by the applicant as follows: Sewer Capacity Fee: $3,500.00 per dwelling unit Sewer Connection fee: $362.96 Note: All improvements including the construction of laterals are the responsibility of the property owner. LAFCO SC# IRREVOCABLE AGREEMENT TO ANNEX No. 2007-03 THIS AGREEMENT, entered into this day of , 20 ; by and between MARCO A OUINTERO and MARTHA OUINTERO. hereinafter collectively referred to as "OWNER," and the CITY OF SAN BERNARDINO, a municipal corporation, hereafter refereed to as "CITY." WHEREAS, OWNER holds title to the unincorporated parcel(s), located at 2900 N. Macy Street, San Bernardino County. California, and pazcel is more fully described as follows: Parcel 2 of Parcel Map No. 10780, in the County of San Bernazdino, State of California as per map recorded in Book 121, Page(s) 62 and 63, of Parcel Maps, records of said County. Assessor's Parcel Number(s) 0268-041-23• and WHEREAS, said parcel is within the Sphere of Influence of CITY; and WHEREAS, OWNER desires to obtain sewer service for said pazcel; and WHEREAS, sewer service could be provided to said pazcel 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 pazcel to its sewage system, due to the expectation that said parcel will be annexed to the City of San Bemazdino 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 OWNER'S heirs, successors and assigns. (Exhibit "A-1) u IRREVOCABLE AGREEMENT TO ANNEX NO. 2007-03 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 Bemardino 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 Bemardino. 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. £ 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. 2007-03 LAFCO SC# u SECTION 2: CITY Agrees - a. To allow OWNER'S parcel, described herein before, to connect to the City of San Bemardino'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 official's thereunto duly authorized. OWNER: By: MARCO A. QUINTERO By: MARTHA QUINTERO CITY OF SAN BERNARDINO By: PATRICK J. MORRIS, Mayor ATTEST: City Clerk Approved as to form: • ES F. PENMAN, City Attorney