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HomeMy WebLinkAbout15-Development Services tit CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION tit tit From: Valerie C. Ross, Director Subject: Authorization to Proceed and Resolution Making Application to the Local Agency Formation Commission for Sewer Services Outside City Boundaries - 4285 N. Fourth Avenue Dept: Development Services Date: April 24, 2007 File No. l2.0IA-20 Synopsis of Previous Council Action: MCC Date: 05-21-07 09/2/97: 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 for property located at 4285 N. Fourth Avenue; AND 2. Adopt Resolution. ~u.~J4Y Valerie C. Ross Contact person: Jeanne'marie Fitzpatrick, Real Property Phone: 5328 N/ A (Partially surrounded by 5th Supporting data attached: Staff Report!Map/Reso Ward: Ward) FUNDING REQUIREMENTS: Amount: $1,300 (fee paid by applicant) Source: (Acct. No.) 001-000-4780-0000 Misc. Engineering Receipts! (Acct. Description}Sewer Service Processing Fee Finance: Council Notes: Agenda Item No. slJ./ IlrJ IS e e e 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 - 4285 N. Fourth Avenue. BACKGROUND: In April, this office received a request from Robert Phozane and Maria Lozano, owners of property located at 4285 N. Fourth Avenue, for connection to the City's sewer system. The property, which is a single parcel, is located in an unincorporated area on Fourth Avenue, north of 48th Street and west of Cedar Drive. There is a 4 bedroom single-family residence located on this property. The property owner is requesting to connect to the City sewer system because the existing septic system is failing. 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 armexation of single parcels is not preferred 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 ofa $1,300 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 armexation 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 Fourth Avenue. The Planning Division has also indicated that the current 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 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. e ~ : . = ~ N a a ~ ~~- - - - - :::- ~ ~ z z_ - - - -_. -- ._:: oK - - ~ ~ - -= ::: Llli"J 'C!!7 ---flil--------- ::0 t:: :: ll: o I ~ ' ,: r-----j,i.in-nrm-;@m-- @ 10 " . :g ; @ :::!~ : I ~,.... '- .. ~41."1 -l __...d1.~~ li~ '- ~ -: .~ @ f c;)."",.- ; .'\ "~'III' en I ~ '.r. 2 . ,.,. f"""-"I'... .. !;l! I'. @ ,; @:t..; ~ III IU,' ::0 I IJ :: en I @ ;. gj I < , o , m I I J IJI." , I @ I I _ _ - - - - - - - --tift{ I ~-~ "I ~ " J. ------- f'__nn .------ .------ I . @ @ @ @ .0 II . I ".. ,.. II.' ,.. . @ @ .. : . @ . @ ;. . .. @ @ " n, r- , @ @ I . I @ , . , ;. @ 17 I @ , ;. I fI,' nl I 15 , @) JI @ @ r - I I I J.. f - @ @ @ I u... I@ nt.1t I ~ , 0 z I 0 :r ""- en i ~ I e " @' ,.... -Z f m I Ill." , . tfi' I'~ I. "" ~. II"" --, II.... 'I II.' C.'I." ..... I ..:I ...::, 5 .:: I @;@;@;@"I' i .... .I, ..... ..... 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'" ~ ... uo I <=> e e e 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO MAKING APPLICA nON TO THE LOCAL AGENCY FORMATION COMMISSION FOR PROVIDING CITY SEWER SERVICES TO PROPERTY WITHIN UNINCORPORATED TERRITORY LOCATED AT 4285 NORTH FOURTH A VENUE. WHEREAS, Robert P. Lozano and Maria I. Lozano, the owners of property within unincorporated territory located at 4285 N. Fourth Avenue, Assessor's Parcel No. 0265-101-17, have 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 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 17 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: 25 SECTION 1. That the Mayor and Common Council of the City of San Bernardino hereby 26 make application to the Local Agency Formation Commission for the connection to the City's 27 28 sewage system for property located at 4285 N. Fourth Avenue, Assessor's Parcel No. 0265-101-17, more fully described as follows: -::It- / s 5'-d-I.07 04/25/07 . 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 . RESOLUTION OF THE CITY OF SAN BERNARDINO MAKING APPLlCA nON TO THE LOCAL 1 AGENCY FORMA nON COMMISSION !'OR PROVIDING CITY SEWER SERVICES TO PROPERTY WITHIN UNINCORPORATED TERRITORY LOCATED AT 4285 NORTH FOURTH AVENGE All that certain real property situated in the County of San Bernardino. State of California. described as follows: PARCEL 1 OF PARCEL MAP NO. 829, AS PER PLAT RECORDED IN BOOK 8 OF PARCEL MAPS, PAGE 3, RECORDS OF SAID COUNTY. SECTION 2. That the Director ot Development Services, or hcr designee, is hereby directecl 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 allthorized and directed to execute on behalf of said City, an Irrevocable Agreement to Annex. No. 2007-05, a copy of which is attached as Exhibit oOA_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. /11 28 05/16/07 :1 . 1 2 3 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 4285 NORTH FOURTH A VENUE 4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 5 . 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 . 22 23 24 25 26 27 28 . Common Council of the City of San Bernardino at a meeting thereof held on the Council Members: ESTRADA BAXTER BRINKER DERRY KELLEY JOHNSON MCCAMMACK day of , 20_, by the following vote, to wit: AYES NAYS ABSTAIN ABSENT City Clerk The foregoing resolution is hereby approved this Approved as to form: ES F. PENMAN Attorney 04/25/07 day of ,20_ PATRICK J. MORRIS, Mayor City of San Bernardino 3 e e e APPLICATlOi\ FOR EXTENSION OF SERVICE BY CONTRACT . ,-~r:~:;'-~~f-:,';'i' AGENCY TO EXTEND SERVICE: AGENCY NAME: City of San Bernardino CONTACT PERSON: Jeanne'marie E. Fitzpatrick ADDRESS: 300 N. "D" Street, San Bernardino, CA 92418 (909) 384-5328 PHONE: CONTRACTING PARTY: NAME OF PROPERTY OWNER: Robert P. Lozano and Maria 1. Lozano MAILING ADDRESS: 4285 N. Fourth Avenue, San Bernardino, CA PHONE (909) 882-3862 ADDRESS OF PROPERTY PROPOSED FOR CONTRACT 4285 N. Fourth Avenue, San Bernardino, CA CONTRACT NUMBERlIDENTIFICA nON: Annex. No. 2007-05 PARCEL NUMBER(S) 0265-101-17 ACREAGE: .19 acres (8118 square feet) ;":~'_:_-~k?:':-~~~);:E~~~-~;~~~~;;~,~I~l~:~{.~: J\ ~';~~";~iK':~~~~~~:i.f~,-:~);.};:.:;~~r-i_-::~;~;;;-:-:~:f'~fii:'-':}7_~:~:.::~-;:,-1\t~::::f:: 'Y".)..;-,., '~'-? The quesiions 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 e e e Extension of Service by Contract Application Fonn Are any of the services identified above "new" services to be offered by the agencyry If yes. please provide explanation. No. The City offers City sewer to City residents and to those outside the City (0) 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 an 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? Ves 5. If the service extension is for development purposes, please provide a complete description of the project to be served. Property is an existing 4 bedroom single family residence located on one parcel. 2 e e e Extension of Service by Contract Application Fonn 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 C Subdivision Map or Parcel Map CJ Specific Plan C General Plan Amendment ~ Rezoning [] Other, (provide explanation below) D 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 line in Fourth Avenue which is the street that the property is located. ".'-;., ._."'"-....~:..~~>I'.f~, "',",'.~... .. ,. ."",., ':~ ..,~... J, .:.~_,:;~l'i~it{t;~rA...-;~{;~<~;~ ~H 3 e e e Extension of Service by Contract Application Fonn CER TlFICA 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: IT COPY ONLY POSITION TITLE: Real Property Supervtsor DATED: 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: KATHLEEN ROLLINGS-MCDONALD, Executive Officer Local Agency Formation Commission 215 North "D" Street, Second Floor San Bernardino, CA 92415-0490 PHONE: (909) 383-9900 FAX: (909) 383-9901 4 ,------- . City of San Bernardino Development Services Department Extension of City Services by Contract Plan for Providing Sen'ice I. Contract / Agreement Reference: Irrevocable Agreement to Annex No. 2007.05 2. Property Owner: Robert P. Lozano and Maria I. Lozano 3. Property Address: 4285 Fourth Avenue. San Bernardino. CA 4. Service to be provided: Connection to Sewer System 5. Service to be provided as follows: Prooertv owner will aoolv for sewer connection services through the normal oermit orocess now in effect bv the City for residential use. All applicable fees will be oaid for bv the aoolicant as follows: . SEWER FEES Sewer Capacity Fee: $3500.00 x dwelling unit Sewer Connection (Permit): $362.96 per bedroom Note: All improvements including the construction of laterals are the responsibility of the property owner. All LAFCO fees are the responsibility of the property owner as well. . e e e LAFCO SC# IRREVOCABLE AGREEMENT TO ANNEX No. 2007-05 THIS AGREEMEJ\T, entered into this _day of ,20_ ; by and between ROBERT P. LOZANO AND MARIA I. LOZANO. HUSBAND AND WIFE. 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 4285 Fourth Avenue. San Bernardino Countv, California, and parcel is more fully described as follows: PARCEL I OF PARCEL MAP NO. 829, AS PER PLAT RECORDED IN BOOK 8 OF PARCEL MAPS, PAGE 3, RECORDS OF SAID COUNTY. Assessor's Parcel Number(s) 0265-101-17: and WHEREAS, said parcel is within the Sphere ofInfluence of CITY: and WHEREAS, OWNER requests 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 te) its sewage system, due to the expectation that said parcel will be annexed to the City of :;'an Bernardino at some future date, due to the fact that the parcel is within CITY'S Sphere of Influence; and 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" e e e IRREVOCABLE AGREEMENT TO A"INEX NO. 2007-05 LAFCO SC# '.:OW, THEREFORE, the parties hereto agree as follows: SECTION I: OWNER Agrees - a. To grant irrevocable consent to annex to the City of San Bernardino at such time as the annexarion mai be properly approved through appropriate legal proceedings, and uwner 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 or 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. e e e IRREVOCABLE AGREEMENT TO ANNEX NO. LAFCO SC# 2007-05 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 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. OWNER: CITY OF SAN BERNARDINO EXHIBIT COPY By. ROBERTP.LOZANO ONLY' PATRICKJ.MORRIS,Mayor MARIA I. LOZANO ATTEST: City Clerk Approved as to form: JAMES F. PENMAN City Attorney e e e LAFCO SC# IRREVOCABLE AGREEMENT TO ANNEX No. 2007-05 THIS AGREEMENT, entered into this _day of ,20_ : by and between ROBERT P. LOZANO AND MARIA I. LOZANO. HUSBAND AND WIFE. hereinafter referred to as "O\VNER," and the CITY OF SAN BERlI/ARDINO, a municipal corporation, hereafter referred to as "CITY:' WITNESSETH: WHEREAS, OWNER holds title to the unincorporated parcel(s), located at 4285 Fourth Avenue. San Bernardino Countv. California, and parcel is more fully described as follows: PARCEL 1 OF PARCEL MAP NO. 829, AS PER PLAT RECORDED IN BOOK 8 OF PARCEL MAPS, PAGE 3, RECORDS OF SAID COUNTY. Assessor's Parcel Number(s) 0265-101-17; and WHEREAS, said parcel is within the Sphere ofInfluence of CITY; and WHEREAS, OWNER requests 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; and 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. e e e IRREVOCABLE AGREEMENT TO AN"JEX NO. LAFCO SC# 2007-05 NOW, THEREFORE, the parties hereto agrce 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 eyidence reasonably within the control of O\\'NER to the various hearings required for the annexation. Said cooperation does not include, however, any obligation on behalf of OWNER to institute any litigation or judicial proceeding whatsoeyer 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 arid 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 as~igns; 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. i. . IRREVOCABLE AGREEMENT TO ANNEX NO. 2007-05 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 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. OWNER: CITY OF SAN BERNARDINO By: ROBERT P. LOZANO PATRICK J. MORRIS, Mayor MARIA I. LOZANO A nEST: City Clerk Approved as to form: . f~ J MES F. PENMAN ity Attorney