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HomeMy WebLinkAbout17- Development Services CLTX OF.SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: MICHAEL E. HAYS, Director Subject: Authorization to Make Application to the Local ORICIAgency I ,! 1� Formation Commission for Sewer Dept: Development Services Services Outside City Boundaries --- 1128 W. 481" Date: August 26, 1998 Street File No: 12.01A-01 Synopsis of Previous Council Action: MCC DATE: 09-21-98 09/02/97 --- Policy relative to connection of unincorporated properties to the City of San Bernardino's sewage system was adopted. Recommended Motion: That the Mayor of the City of San Bernardino be authorized to execute a letter making application to the Local Agency Formation Commission for the extension of sewer services by contract for the property located at 1128 West 481h Street, within an unincorporated area of San Bernardino County and that the Mayor be authorized to execute Irrevocable Agreement to Annex No. 98-1, upon approval of said application by the Local Agency Formation Commission. W_RX1=a MicOjel E. Hays Contact Person: LASZLO"Les" FOGASSY Phone: 5026 Supporting data attached: Staff Report, Application Ward: N/A FUNDING REQUIREMENTS: Amount: NONE Source (Acct. No.) N/A (Acct. Description) N/A Finance: Council Notes: Agenda Item No. 7 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Subject: Resolution Making Application to the Local Agency Formation Commission for Sewer Services Outside City Boundaries --- 1128 W. 48' Street. Background: On August 13, 1998, this office received a petition from the property owner of a single family residence located at 1128 W. 481" Street, for connection to the City's sewer system. The property is located in an un-incorporated island, commonly known as Arrowhead Suburban Farms, in the north part of the City. The property owner had indicated that her septic system is failing and is unable to obtain permits from the County for a new system due to the small size of her lot. The City has as 10" sewer main running adjacent to this property and the Water Department has indicated that sufficient plant capacity is available at this time. Section 56133 of the California Government Code requires approval from the Local Agency Formation Commission (LAFCO) for any unincorporated property to connect to the City's water or sewage system. On September 2, 1997, a policy was adopted regarding water or sewer connections outside of City boundaries. The procedures require that the City make application to LAFCO for the provision of such services on behalf of the petitioner. A copy of the application, attachments and letter making application are attached. Upon approval by LAFCO, the petitioner must sign an irrevocable agreement with the City for annexation, a copy of which is attached to the application, which states that the petitioner will not protest any future annexations of the area by the City. All the normal connection fees are paid by the petitioner as well as a$1,000 administration fee to cover cost of proceedings. Upon approval, the attached application will be filed with LAFCO. Petitioner will pay applicable filing fees directly to LAFCO. Financial Impact: None --- all fees to be paid by petitioner Recommendation: We recommend that this action be approved and that the Mayor be authorized to execute the letter making application for the extension of sewer services for the property located at 1128 W. 48 Street. S 4 �- CIT e RNARDINO 300 NORTH "D"STREET,SAN SERNARDI NO,CALIFORNIA 92418 %,1 s Tel. (909)384-5111 of 384-5112,FAX No.(909)384-5155 O D I INS` September 21, 1998 File No. 12.01 A-0 1 James M. Roddy, Executive Officer Local Agency Formation Commission 175 West Fifth Street. 2nd Floor San Bernardino, CA 92415-0490 Dear Mr. Roddy: The City of San Bernardino hereby requests that the Local Agency Formation Commission consider the proposed contract for service attached to this letter pursuant to the requirements of Govt. Code Section 56133. This agreement: FX Is for an immediate connection for the provision of water and/or sewer service to alleviate a health and safety problem as defined by your policies. Is for the extension of services. Attached to this letter is a full application as defined by your policies. ❑X As provided for by policies of the Commission, property owner has requested a waiver of filing fees and will not be paid for by the City. JUDITH VALLES, Mayor City of San Bernardino LOCAL AGENCY FORMATION COMMISSION COUNTY OF SAN BERNARDINO APPLICATION FOR EXTENSION OF SERVICE BY CONTRACT Nino AGENCY TO EXTEND SERVICE: AGENCY NAME: CITY OF SAN BERNARDNIO CONTACT PERSON: LASZLO "Les" FOGASSY ADDRESS: 300 NORTH "D" STREET SAN BERNARDINO, CA 92418 PHONE: (909) 384-5111 /(909) 384-5026 CONTRACTING PARTY: NAME OF PROPERTY OWNER: JUANITA M. BUELL ADDRESS: 1128 WEST 48TH STREET SAN BERNARDINO CA 92407 PHONE: (909) 880-6920 PROPERTY ADDRESS: 1128 WEST 48TH STREET SAN BERNARDINO CA 92407 CONTRACT NUMBER/ IDENTIFICATION: IRREVOCABLE AGREEMENT TO ANNEX NO. 98-1 PARCEL NOS. 0265-102-02 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 sheet where necessary. Extension of Service by Contract Application Form 1. (a) List type of service(s)to be provided by this contract: Connection of single family residence to existing sewer main adjacent to property (b) Are any of the services identified above "new" services to be offered by the agency? If yes, please provide explanation. No, sewer services are already offered by Agency 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 if this extension is an emergency health and safety situation.) Agreement is for the provision of sewer services and irrevocable agreement to annex. Property cannot be annexed at this time since it is not contiguous to existing City boundaries. Based upon imformation provided by property owner, extension of sewer service is necessary to eliminate a health and safety situation. 3. Is annexation of the territory by your agency anticipated at some future time? Please provide an explanation. The property is within the City of San Bemardio's Snhere of Inlfuence, and in an area that is completely surrounded by the City of San Bernardino. Although past annexation attempts have failed, it is assumed that this area will be annexed to the City at som point in the future. 4. Is the property to be served within the Agency's sphere of influence? Yes, as stated above. 2 Extension of Service by Contract Application Form 5. If the service extension is for development purposes, please provide a complete description of the project to be served. N/A 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 [] NO Subdivision Map or Parcel Map [] NO Specific Plan [] NO General Plan Amendment [] NO Rezoning [] NO Other,(provide explanation below) [] None 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; and cost of improvements, how financing is to occur, and any special financial arrangement for later repayment. Connection to existing 10" serwer main, located along the westerly side of subject property is to be accomplished through the City's normal permit process. All fees and connection costs will be paid for by the property owner. 3 Extension of Service by Contract Application Form MOM CERTIFICATION I hereby certify that the statement 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 BY: Michael E. Hays, Di ctor of Development Services Date: 11 —7 REQUIRED EXHIBITS: 1. Copy of the proposed 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. Please forward the completed form and related information to: JAMES M. RODDY,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 IRREVOCABLE AGREEMENT TO ANNEX No. 98-1 THIS AGREEMENT, is entered into this day of 1998 ; by and between NANITA M. BUL hereinafter referred to as "OWELNER, " 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 1128 West 48th Street San Bernardino , California, and parcels) is (are) further described as follows: The South 90 feet of Lot 51, Tract 1748, as per map recorded in Book' 25 of Maps, page 58, records of the County Recorder of San Bernardino County, State of California. EXCEPT the East 73 feet thereof. Assessor' s Parcel Nunber(s) 0265-102-02 and WHEREAS , this (these) parcel (s) is (are) within the Zone of Influence of CITY; and WHEREAS , OWNER desires to obtain sewer service for said parcel (s) ; and WHEREAS , sewer service could be provided to said parcel (s) 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 parcel (s) to its sewage system, due to the expectation that said parcel (s) will be annexed to the City of San Bernardino at some future date, due to the fact that the parcel (s) is (are) within CITY ' s Zone of Influence. 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, sucessors and assigns. NOW, THEREFORE, the parties hereto agree as follows: SECTION ONE: 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 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 Section 13 . 32 . 080 , "Unlawful Discharges" of the San Bernardino Municipal Code relating to discharge of materials into CITY' s sewage system. f. To make application to the Local Agency Formation Commission, and pay all applicable fees, 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. SECTION TWO: CITY Agrees -- a. To allow OWNER' s parcel (s) , described herinbefore, to connect to the City of San Bernardino' s sewage system, subject to payment of all applicable fees and permits. 2 - SECTION THREE: Be it Mutually Agreed, as follows: a. City Clerk for CITY shall record this Agreenent 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. 3 - IRREVOCABLE AGREEMENT TO ANNEX: 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 By Mayor ATTEST: City Clerk Approved as to form and legal content: James F. Penman City Attorney By 4 - fp 'CUNT, 0. u 154 V A i —*,^°—HIL CITY —�— LIMITS DRIVEN vi e o rz m 0 o ~ = 3 60 n 1 f O O \ I) ParI O Par,I o 2ZW I q yr � Nm3 a P4r.231e :i Pac2� 4 uO X 13 ! IT ZI 0(nV N 1 a I O p 88 ; 0 37 eq f ° o v > a m ; C 3 < 5 ` 6 \ O 36 25 Iz C cr _?RESERVOIR- - DRIVES-; JJ Np Is b N a�.a 0 33 46 I4 + Qi 35 26 Q y n M 1 yO 34 eF II Z m 40 10 33 as Scw6R lJ4A-I N - t I4 4Oi � Q: ,'v_aa °Q ° fnWD 52 yN mNN lea o(D 04 �a aim ap o O o 3 1. O Tn Z I' bO O 51 O T29" 1 0 m V no ym m p n p m Q (D ..f rn Ih q - - 42nd.) 48th. STREET-a—;-- I N Property Proposed for Connection to City Sewer O �A o 1274 . 000 Feet Location of property proposed ------ for sewer connection I � --1 V s � I 1►[/YN �L , O _ uw[roYN j �• � 9 N t"'ii � � r ,n 1,1lILNIIO •�\ /ANY[. • -t" i W['r �� ST p7 \ YYLEI WE. a Imo, � Kl.- 1 r-, f FWY.&T lLYD_ Ey ------------ -.1---`--- i YLL W[. f--- % t a lL � IT T. ------ - 1 d I —U LO!NYKIU ' I {W [YY1 [ YYT I YY K[NNNDyp I[L[y!Y r IILOLLIO[ uvo N VICINITY MAP City of San Bernardino Development Services Department Extension of City Services by Contract Plan for Providing Service . 1. Contract/Agreement Reference: Irrevocable Agreement to Annex No. 98-1 2. Property Owner: Juanita M. Buell 3. Property Address: 1128 W. 48`h St., San Bernardino, CA 92407 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 City residents. All applicable will be paid for by the property owner. IRREVOCABLE AGREEMENT TO APINEX No. 98-1 THIS AGREEMENT, is entered into this day of 199 8 ; by and between JUANITA M. BUELL hereinafter referred to as "OWNER, " and the City of San Bernardino, a municipal corporation, hereafter referred to as "CITY. " WIT14ESSETH: WHEREAS, OWNER holds title to the unincorporated parcel (s) , located at 1128 West 48th Street San Bernardino , California, and parcel (s) is (are) further described as follows : The South 90 feet of Lot 51, Tract 1748, as per map recorded in Book 25 of Maps, page 58, records of the County Recorder of San Bernardino County, State of California. EXCEPT the East 73 feet thereof. Assessor' s Parcel Number (s) 0265-102-02 % and WHEREAS, this (these) parcel (s) is (are) within the Zone of Influence of CITY; and WHEREAS , OWNER desires to obtain sewer service for said parcel (s) ; and WHEREAS , sewer service could be provided to said parcel (s) 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 parcel (s) to its sewage system, due to the expectation that said parcel (s) will be annexed to the City of San Bernardino at some future date, due to the fact that the parcel (s) is (are) within CITY ' s Zone of Influence. 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, sucessors and assigns. NOW, THEREFORE, the parties hereto agree as follows : SECTION ONE: 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 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 Section 13 . 32 . 080 , "Unlawful Discharges" of the San Bernardino Municipal Code relating to discharge of materials into CITY' s sewage system. f. To make application to the Local Agency Formation Commission, and pay all applicable fees, 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. SECTION TWO: CITY Agrees -- a. To allow OWNER' s parcel (s) , described herinbefore, to connect to the City of San Bernardino' s sewage system, subject to payment of all applicable fees and permits . - 2 - SECTION THREE: 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. - 3 - IRREVOCABLE AGREEMENT TO ANNEX: 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 By Mayor ATTEST: City Clerk Approved as to form and legal content: James F. Penman City Attorney By 4 - 0 0 u 154 `� `0 J = � � ♦ A� 3 � ed"O 0"rOY"+ -i-HILL Sax 9e4"a urr I.I.nrf DRIVE, I f �r! 66 40 000 ' Nm; a P4r.2�1e a Par.2® OO ea b0]m �Nv GV V Um 1 0 0 ` 77 F �. 2 C9 ° °a tr ♦ L N � `36 a (f) Y ` t ♦ 4 h 0 36 23 ri C O9 —t4-RESERVOIR•° 4 — ° ORIVE�; 1 f N O O �� I �y 33 46 19 + 4(D 33 26 O Y Y p i 0 �, rn 4 f M 1 e� 34 1 V 1 Z© rz rl 1 n I O 33 1 �U ScLI'b� MA-IN hQ q 1•, la 4O ryQ Q; r 0 o u 1 n O 32 �—� 49 -I N u n 000 dom O p { u V coo 2 31 30 ` 31 30 rs � A op O Q o' $ li le m Oz (D Y In -- 42nd.) 48th. ('A=STREET) STREET I 1 r- Jr ' N N "" Property Proposed for Connection igpe°�°vo u a to City Sewer O 13R'm;mR , 1274 . 000 Feetl I r-' Location of property proposed for sewer connection l 1 1[ 1 I • y # I Tr P [ u WIP 'A�Lu j k i, ST • e wr I [• B• i r• Bt ..- - ; ;._ �I � OJT FWTOLV I BLVD. t• . I i I •LL 1 I Ill [T ML IT __i I I d I t... I —O IN• Lu r ^� BYI B r IBBV j HBLUIB BLVD N VICINITY MAP City of San Bernardino Development Services Department Extension of City Services by Contract Plan for Providing Service 1. Contract/Agreement Reference: Irrevocable Agreement to Annex No. 98-1 2. Property Owner: Juanita M. Buell 3. Property Address: 1128 W. 48`h St., San Bernardino, CA 92407 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 City residents All applicable will be paid for by the property owner.