Loading...
HomeMy WebLinkAbout24-Development Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: JAMES FUNK, Director Dept: Development Servic( ,'. .' ~.. . , ~ . I I ~... Subject: Resolution authorizing the execution of an Agreement for the extension of sewer service to San Bernardino County Animal Shelter - 19777 Cajon Boulevard. Date: November 6, 2002 Synopsis of Previous Council Action: File No.l2.0IA-04 MCC Date: 12-02-2002 09-02-1997 - Policy relative to connection to the City's sewer system of properties located outside of City boundaries was adopted. 05-21-2001 - Resolution No. 2001-115 was adopted, approving an application to LAFCO for the extension of sewer service to the San Bernardino County Animal Shelter. Recommended Motion: Adopt Resolution ~~ LASZLO "Les" FOGASSY. Contact person: Real Properly Supervisor Phone: 5026 Supporting data attached: Staff Report, Letter, Ward: Maps, Resolution FUNDING REQUIREMENTS: Amount: NONE 6 Source: (Acct. No.) (Acct. Description) Finance: Council Notes: Agenda Item N #J~ );;L}; 6/oJ- CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Resolution authorizing the execution of an Agreement for the extension of sewer service to San Bernardino County Animal Shelter - 19777 Cajon Boulevard. BACKGROUND: On May 17, 2000, this office received a request from the County of San Bernardino for connection of the Devore Animal Shelter to the City's sewer system, due to a proposed expansion of their facilities at this site. The animal shelter is located in an unincorporated territory within the City's Sphere ofInfluence in the vicinity ofthe northwest part of the City. The City has a IS" sewer main running through Cajon Boulevard, which is in close proximity to the shelter, as shown on the attached map. The shelter is located on a large parcel (APN 0262-042-20) containing approximately 96 acres and is primarily undeveloped land. The property was formerly used by the County of San Bernardino as a landfill and is not on the property tax rolls. On September 2, 1997, a policy was adopted regarding water and sewer connections of unincorporated properties to the City's system. As required by Section 56133 of the California Government Code, City services outside of City boundaries require approval from the Local Agency Formation Commission (LAFCO). The policy includes the requirement that the applicant execute an Irrevocable Agreement to Annex, in the event the City desires to annex the property at a future date. On May 21, 2002, Resolution No. 2001-115 was adopted, making an application to LAFCO for the extension of sewer service to the animal shelter. The application was approved by LAFCO on June 28, 2001. The County has not yet executed the Irrevocable Agreement to Annex, and has not yet applied for permits for the sewer connection. The County recently submitted a letter requesting an appeal and waiver of the requirement to consent to annexation of the animal shelter property. A copy of the letter is attached. If the request for the waiver is approved, the attached Agreement will need to be executed by the City and the County. The Agreement is essentially the same agreement that was previously approved, with the exception of the requirement to consent to annexation. FINANCIAL IMPACT: None. Applicant will pay the standard permit and sewer connection fees. RECOMMENDATION: Adopt Resolution , ARCHITECTURE & ENGINEERING DEPARTMENT .. 'lll~. -'...'1. j ! ;{_,__"~,~""""",,.'h.....-.. __ . ~I~ _ ~ ~ ~~e\.a?&':f,~;t~;&?W,~~'i:t;,"~}:-:<;;::S<8{:r~';--;~:i:;t':".?- 385 North Arrowhead Avenue. San Bernardino, CA 92415-0184 . (909) 387-5000 October 30, 2002 Fax (909) 387-5050 COUNTY OF SAN 8ERNARDINO INTERNAL SERVICES GROUP ~~:?-,;;,"- i;;\r~\;t;'~1;~~o>h City of San Bernardino Development Services Department 300 North 0 Street San Bernardino, CA 92418-0001 Attn: Mr. Laszlo Fogassy, Real Property Official Public Works Division RE: Sewer Connection - Devore Animal Shelter In response to your July 19, 2001 letter regarding the above subject matter; the County of San Bernardino would like to respectfully appeal the requirement for an Irrevocable Agreement to Annex. The County's appeal is based on our desire to keep the title for the Devore Animal Shelter/Cajon Land fill property clear; as well as the need to complete the sewer connection construction in a timely manner. The County is hopeful that the appeal will be approved. This will avoid issues that may cloud title of the property, which could potentially lead to a possible lot split of the landfill. The lot split will cause unnecessary environmental reviews and generate additional site requirements. Also, the connection to the City's sewer is essential in reducing the County Animal Shelter's high maintenance costs associated with the current septic system. The septic system is now routinely pumped on a weekly basis. Please do not hesitate to contact me at (909) 387-5025 if you need additional information. Sincerely, G;&~qj-c4 G. DANIEL OJEDA, Director Architecture & Engineering Department GDO/js cc: Dan Avera, Public Health Frank Law, A&E Ralph Hosni, A&E Ken Taylor, A&E Bill Guerth, A&E J:,)Hf,j F~,1!GHAEL:')UN C;)H!l!:J Adm)ni::;.!r8tiv,,? OHi:'E, i::!LL POSTMUS- _ . ,JON O. t.liKEL;): SGBHl nf St:pel visnrs Firs-; Oist-ici ;::H:~,~n!3 ~M-17)8ERGEF; Sf"~;Y,0 D::::triCf FREDf,\(idiJtH JE-iny F(;\fES Qi;iU;-i . Tr:ird Dh,tdct :;;:'_~urlh f.;i2it,ici 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 AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT FOR THE EXTENSION OF SEWER SERVICES IN UNINCORPORATED TERRITORY RELATIVE TO THE SAN BERNARDINO COUNTY ANIMAL SHELTER AT 19777 CAJON BOULEVARD. WHEREAS, the County of San Bernardino, which is the owner of property located in unincorporated territory located at 19777 Cajon Boulevard, Assessor's Parcel No. 0262-042-20, more fully described in Exhibit" I" of Exhibit "A" attached hereto and made a part hereof, and 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, said policy includes the execution of an Irrevocable Agreement to Annex the property receiving sewer services; and WHEREAS, on May 21,2001, Resolution No. 2001-115 was adopted, approving the extension of sewer service to said San Bernardino County Animal Shelter property and making application to the Local Agency Formation Commission (LAFCO) for the extension of said sewer services, subject to the execution of said Irrevocable Agreement to Annex. WHEREAS, on June 28, 200 I, LAFCO approved the extension of said sewer services to said San Bernardino County Animal Shelter; and WHEREAS, the property owner requesting extension of sewer services is requesting an appeal and waiver of the requirement to consent to annexation of said Animal Shelter property. 10/31/02 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 AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR THE EXTENSION OF SEWER SERVICES TO THE SAN BERNARDINO COUNTY ANIMAL SHELTER LOCATED AT 19777 CAJON BOULEVARD. 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 approve the extension of sewer services to said San Bernardino County Animal Shelter property, more fully described herein, and do hereby waive the requirement that the property owner execute an Irrevocable Agreement to Annex. SECTION 2. That the Mayor of said City is hereby authorized and directed to execute on behalf of said City, an Agreement for the Extension of Sewer Services in Unincorporated Territory No. 2002-01, a copy of which is attached as Exhibit "An hereto and made a part hereof. SECTION 3. 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. III III III 10/31/02 2 RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR THE EXTENSION OF SEWER SERVICES TO THE SAN BERNARDINO COUNTY ANIMAL SHELTER LOCATED AT 19777 CAJON BOULEVARD. 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 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 meeting thereof day of , 20 , by the following vote, to wit: Council Members: AYES ESTRADA LONGVILLE MCGINNIS DERRY SUAREZ ANDERSON MCCAMMACK NAYS ABSTAIN ABSENT City Clerk The foregoing resolution is hereby approved this Approved as to form and legal content: JAMES F. PENMAN City Attorney day of ,20 . JUDITH V ALLES, Mayor City of San Bernardino By: de~~ i /7~_ 11/26/02 f?/, /' 3 AGREEMENT FOR EXTENSION OF SEWER SERVICES IN UNINCORPORATED TERRITORY No. 2002-01 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, located at, 19777 Caion Boulevard (also known as 5700 Shelter Wav). Devore. California, and parcel is more fully described in Exhibit "I" attached hereto and made a part hereof. Assessor's Parcel Number(s) 0262-042-20 : and WHEREAS, this parcel is within the Zone ofInfluence of CITY; and WHEREAS, OWNER desires 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 this unincorporated parcel to its sewage system. 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. NOW, THEREFORE, the parties hereto agree as follows: SECTION 1: OWNER Agrees -- a. 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. b. To acknowledge that execution of this Agreement on behalf of all future heirs, successors and assigns; and that said Agreement shall be irrevocable without written consent of CITY. EXHIBIT "A" AGREEMENT FOR EXTENSION OF SEWER SERVICES IN UNINCORPORATED TERRITORY, NO.: 2002-01 c. To comply with Chapter 13.32, of the San Bernardino Municipal Code relating to discharge of materials into CITY'S sewage system. d. 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 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. The benefit to the subject parcels 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. 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 ATTEST: City Clerk Approved as to form and legal content: JAMES F. PENMAN City Attorney By: ~ G -2-;:~ ) 9'/ f r Location of San Bernardino County Animal Shelter No Scole 5th 51. Mill 51. .. , . o CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT REAL PROPERTY SECTION VICINITY MAP PROPOSED CONNECTION TO CITY SEWER SYSTEM - SAN BERNARDINO COUNTY ANIMAL SHELTER ~ indicates un-incorporated areas ~ within City's Sphere of Influence Created by: 1-. Foqa~xw Date: 04/25/200/ San Bernardino County Animal Shelter (19777 Cajon Boulevard) ~ SW. Cor SEe 11 TIN, R 4 W ) + 990' ~~Rl~ No Scale CITY OF SAN BERNARDINO DEVELOPMENT SERVICES PUBLIC WORKS DIVISION d by: L.Foqo55Y Date: 04/25/200/ Connection to City Sewer System - S8 County Animal Shelter