Fresno Local Agency Formation Commission
1401 Fulton Street, Suite 800, Fresno, CA 93721
(559) 600-0604
November 5, 2024
Peter Maraccini, PE, PhD, Licensed Engineer Manager
Department of Public Utilities – Utilities Planning & Engineering City of Fresno
1626 E Street
Fresno, CA 93706
Subject: Resolution OS-24-14 authorizing the City of Fresno to extend domestic water and sanitary sewer service to residents of Orange and Central Avenue.
Dear Mr. Maraccini:
The City of Fresno’s request to extend domestic water and sanitary sewer service to territory outside of the Fresno city jurisdictional boundaries but inside the City of Fresno sphere of influence 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
Bernard Jimenez, Planning & Resource Management Officer, County of Fresno Oscar Garcia, Fresno County Auditor-Controller/Treasurer-Tax Collector Paul Dictos, Fresno County Assessor-Recorder
Sal Quintero, County Supervisor, District 3
RESOLUTION NO. OS-24-14
2 A RESOLUTION OF THE FRESNO LOCAL AGENCY FORMATION COMMISSION
AUTHORIZING AN EXTENSION OF SANITARY SEWER AND DOMESTIC WATER SERVICE
TO TERRITORY INSIDE 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 (each, a SOI) , 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(b), LAFCo may authorize a city or special district to provide new or extended services outside of its jurisdictional boundaries but within its SOI in anticipation of later change of organization; and
WHEREAS, on October 1, 2014, by Resolution No. 127, LAFCo delegated to its executive officer the authority to approve, disapprove, or approve with conditions extension of service requests under GC section 56133; and
WHEREAS, the executive officer has determined that an extension of service request under GC section 56133(b) 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 sanitary sewer system for the ratepayers in and around the City; and
WHEREAS, the City owns and operates a regional municipal water production, treatment and distribution system for the ratepayers in and around the City; and
WHEREAS, on October 21, 202 4, the City filed an application with Fresno LAFCo to authorize extension of sanitary sewer and domestic water service to a small community of private properties located on Orange and Central Avenues depicted in Exhibit “B” with Fresno County Assessor’s Parcel Number s depicted in Exhibit “A” (hereafter the “subject parcel s”) attached hereto; and
WHEREAS, the subject parcel is outside of the jurisdictional boundaries of the City but within the City’s SOI; and
WHEREAS, City sanitary sewer service is proximate and available to the Subject Parcels; and
WHEREAS, City domestic water service is proximate and available to the Subject Parcels; and
WHEREAS, the City has advised the LAFCo executive officer that prior to connection the owner(s) of the subject property 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 service outside the City of Fresno Jurisdictional boundary 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 property shall record a covenant, in a form reasonably acceptable to the City, stating that the record owner, and all subsequent owners of the subject property, shall not protest the future annexation of the said 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 service by the City identified in the administrative record of OS -24-14, incorporated herein by this reference. Further extension of this service or connection to other properties, or for 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.
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 5th day of November, 2024.
___________________________
Brian Spaunhurst, Executive Officer
Fresno Local Agency Formation Commission
Exhibit A
List of Subject APNs
330-130-01
330-130-02
330-130-03
330-130-04
330-130-06
330-130-07
330-130-08
330-130-09
330-130-10
330-130-11S
330-130-12
330-130-19
330-130-20
330-130-21
330-130-22
Exhibit B
Orange and Central Avenue Community
Subject Parcels