Fresno Local Agency Formation Commission
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1401 Fulton Street, Suite 900, Fresno, CA 93721
(559) 600-0604
June 6, 2023
Peter A. Maraccini, PE, PhD, Supervising Professional Engineer Department of Public Utilities – Utilities Planning & Engineering City of Fresno
1626 E Street,
Fresno, CA 93706
Dear Mr. Maraccini:
Subject: Resolution OS-23-02 authorizing the City of Fresno to extend sanitary sewer and domestic water services to the Community of Britten Avenue.
The City of Fresno’s request to extend of sanitary sewer and domestic water services to territory outside of the Fresno sphere of in fluence has been authorized. Please see the enclosed resolution.
Please contact me at your convenience with any questions.
Sincerely,
Brian Spaunhurst,
Executive Officer
enclosure
cc: LAFCo Commissioners
Dejan Pavic, Projects Administrator
Kevin Grey, Chief Engineering Technician
Bernard Jimenez, Planning & Resource Management Officer Oscar Garcia, Fresno County Auditor-Controller/Treasurer-Tax Collector Paul Dictos, Fresno County Assessor-Recorder
Sal Quintero, County Supervisor, District 3
RESOLUTION NO. OS-23-02
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A RESOLUTION OF THE FRESNO LOCAL AGENCY FORMATION COMMISSION
AUTHORIZING AN EXTENSION OF SANITARY SEWER AND DOMESTIC WATER SERVICE
TO TERRITORY OUTSIDE OF THE CITY OF FRESNO SPHERE OF INFLUENCE
WHEREAS, pursuant to Government Code (GC) section 56427, the Fresno Local Agency Formation Commission (LAFCo) determines spheres of influence, as defined in GC section 56076, for local agencies as a plan for the probable physical boundaries and service area of a local agency; and
WHEREAS, pursuant to GC section 56133(c), LAFCo may authorize a city or special district to provide new or extended services outside of its jurisdictional boundaries and outside its sphere of influence (SOI) to respond to an existing or impending threat to the health or safety of the public or residents of the affected territory, subject to certain conditions; and
WHEREAS, on October 1, 2014, by Resolution No. 127, LAFCo delegated to its executive officer the authority to authorize extension of service requests under GC section 56133; and
WHEREAS, the executive officer has determined that an extension of service request shall be processed as an administrative action with notice of action given only to the subject local agency or agencies and the subject parcel property owner(s); and
WHEREAS, pursuant to GC section 56133(c)(2), notice has also been provided to any alternate service provider that has filed a map and a statement of its service capabilities with the commission; and
WHEREAS, the City of Fresno (City) owns and operates a regional municipal wastewater collection and treatment system for the ratepayers in and around the City; and
WHEREAS, on May 9, 2023, the City filed an application with Fresno LAFCo to authorize extension of sanitary sewer and domestic water services to a community of rural residential properties located on Britten Avenue East of Cherry Avenue. A list of the project Assessor’s Parcel Numbers is provided in Exhibit “A”, and mapped as depicted in Exhibit “B” (hereafter the “subject parcels”), said subject parcels being outside of the City's SOI; and
WHEREAS, the private septic systems serving the existing rural residential properties on the subject parcels are contributing factors to contamination of the private water wells; and
WHEREAS, the City has advised the LAFCo executive officer that opportunities to reduce the number of private septic systems benefit the City’s groundwater quality and connection to the city sewer system is compatible with the City’s funct ion as the regional sewering agency for the metropolitan area; and
WHEREAS, the private water well serving the existing rural residential properties on the subject parcels have tested above safety levels for Nitrate and Uranium; and
WHEREAS, the City ha s advised the LAFCo executive officer that opportunities to reduce the number of private wells benefit the City’s capacity as a regional provider of domestic water service; and
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WHEREAS, annexation of the subject parcels is not currently feasible because the property owners are not seeking further development of their property, and the expense of annexation proceedings is neither affordable nor available for the property owners; and
WHEREAS, studies and findings made by BSK Associates, an independent Laboratory, have identified unsafe levels of Uranium and Nitrat e in the private water wells, which is a threat to public health and safety of the residents in the affected territory; and
WHEREAS, prior to connection the owner(s) of the subject properties will enter into an Extra- Territorial Agreement with the City, which shall incorporate a recorded covenant, stipulating that they will not oppose future annexation to the City.
NOW, THEREFORE, BE IT RESOLVED that pursuant to the authority delegated by the commission, I, Brian Spaunhurst , Executive Officer of the Fresno Local Agency Formation Commission, on this date hereby determine the extension of sanitary sewer and domestic water services outside the City of Fresno SOI as described in this resolution is hereby approved subject to the following conditions:
1. The foregoing recitals are true and correct and the Executive Officer of Fresno LAFCo so finds, orders, and determines.
2. The record owner of title to the subject propert ies shall record a covenant, in a form reasonably acceptable to the City, stating that the record owner, and all subsequent owners of the subject propert ies, shall not protest the future annexation of the subject property if such annexations are not subject to conditions, excluding the facts pertaining to the annexation itself or the extension of sanitary sewer or domestic water services, which might materially prejudice those holding an interest in the real property.
3. This authorization is limited to the provision of sanitary sewer and domestic water services by the City identified in the administrative record of OS-23-02, incorporated herein by this reference. Further extension of this service or connection of other properties, or to a use not specifically described in this resolution are subject to Fresno LAFCo authorization.
BE IT FURTHER RESOLVED THAT pursuant to GC sec tions 56133(d) and 56895, any person or affected agency may file a written request with the executive officer requesting amendments to or reconsideration of the resolution. The request shall state the specific modification to the resolution being requested and shall state w hat new or different facts that could not have been presented previously are claimed to warrant the reconsideration.
Notwithstanding GC section 56106, the deadlines set by this section are mandatory. The person or agency shall file the written request within 30 days of the adoption of the initial or superseding resolution making determinations.
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CERTIFICATION
I, Brian Spaunhurst, Executive Officer of the Fresno Local Agency Formation Commission, Fresno County, State of California, hereby certify that pursuant to the authority delegated by the Fresno LAFCo to the executive officer, I approved the foregoing resolution on the 6th day of June 2023.
___________________________
Brian Spaunhurst, Executive Officer
Fresno Local Agency Formation Commission
G:\LAFCo Projects\Cities\Fresno\OS\Reso OS-23-01.docx
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Exhibit A
No. APN Address
1 32921003 556 E Britten
2 32921004 474 E Britten
3 32921005 436 E Britten
4 32921007 4244 S Cherry Avenue
4234 S Cherry Avenue
5 32921014 4296 S Cherry Avenue
6 32921024 531 E Britten
7 32921026 567 E Britten
8 32921027 581 E Britten
9 32921030 4304 S Cherry Avenue
10 32921031 4302 S Cherry Avenue
11 32921032S 4300 S Cherry Avenue
12 32921034 523 E Britten
13 32921035 521 E Britten
14 32921037 4294 S Cherry Avenue
479 E Britten
4292 S Cherry Avenue
15 32921039 4282 S Cherry Avenue
16 32921040 4272 S Cherry Avenue
17 32921041 None Assigned
18 32921043 509 E Britten
19 32921044 4262 S Cherry Avenue
20 32921046 595 E Britten
21 32921047 4216 S Cherry Avenue
22 32921053 451 E Britten
467 E Britten
4290 S Cherry Avenue
23 32921054 437 E Britten
24 32921058 547 E Britten
25 32921013 None Assigned
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Exhibit B
Subject Parcels