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9 CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: November 15, 2023
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager
Mary Lanier, Interim Agency Director of Community, Housing, and Economic Development
Department: Community, Housing, and Economic Development Subject: Irrevocable Agreement to Annex No. 2023-375 (Ward 5) Recommendation
It is recommended that the Mayor and City Council of San Bernardino, California adopt Resolution No. 2023-174 of the Mayor and City Council of the City of San Bernardino, California, approving the application to the Local Agency Formation Commission (LAFCO) to provide City sewer services to a property located at 1199 W 41 st Street, San Bernardino, California, within the unincorporated territory of Arrowhead Farms; and authorizing the City Manager to execute an Irrevocable Agreement to Annex.
Executive Summary
The recommended action is the first step to initiate proceedings for the connection to the City sewer system. The land use is consistent with the City’s General Plan and the San Bernardino Water Department has confirmed the capacity to service the property.
The property owner ”Petitioner” has received approval from the San Bernardino Water Department to proceed with the LAFCO application.
Background
In July 2023, the San Bernardino Water Department received a request for sewer service from the owners of a parcel located at 1199 W 41st Street (APN: 0265-221-23) for a connection to the sewer collection system. The property owner is abandoning the existing septic tank and desires a connection to the sewer collection.
In 1994, the California Government Code Section was amended by the addition of Section 56133, which requires LAFCO to approve the provision of new City services 7 0
9 outside its corporate boundaries. The annexation of single parcels is not desirable since it creates uneven boundaries and creates confusion regarding the delivery of other City services. This property is contiguous to City boundaries; however, annexation of this property would result in other islands.
In September of 1997 the City of San Bernardino adopted Resolution No. 97-275, a policy relative to the provision of sewer services outside of City boundaries. The policy requires a payment of $1,300 from the Petitioner for the initial sewer connection application processing fee. Additionally, the Petitioner will pay all LAFCO related fees directly to LAFCO and the normal sewer capacity and connection fees to the Water Department for processing the Irrevocable Annexation Agreement.
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 annexation proceeding sometime in the future.
Discussion
The Water Department has indicated that there is adequate capacity at the wastewater treatment plant to serve this property and that the existing residential use is consistent with the City's General Plan. The Water Department has determined that there is an available 10-inch vitrified clay pipe sanitary sewer main within W 41 st Street, fronting the subject parcel.
LAFCO requires the City of San Bernardino to complete the application. The resolution will allow the City to submit an application to LAFCO if approved by the Mayor and City Council. Upon approval by LAFCO, the Irrevocable Agreement to Annex will be executed between the City and the applicant.
2021-2025 Strategic Targets and Goals
The Irrevocable Agreement to Annex is consistent with Goal 4b: Update the General Plan and Development Code as it ensures this property meets General Plan use and will be included in a future City annexation of this unincorporated area.
Fiscal Impact
There is no fiscal impact associated with this action. The $1,300 sewer connection application processing fee has been paid by the applicant. The applicant will also pay the corresponding sewer capacity and connection fees to the Water Department, and other LAFCO application fees.
Conclusion
It is recommended that the Mayor and City Council of San Bernardino, California adopt Resolution No. 2023-174 of the Mayor and City Council of the City of San Bernardino, California, approving the application to the Local Agency Formation Commission to provide City sewer services to a property located at 1199 W 41 st Street, San Bernardino, California, within the unincorporated territory of Arrowhead Farms; and authorizing the City Manager to execute an Irrevocable Agreement to Annex. 7 0
9 Attachments
Attachment 1 - Resolution No. 2023 -174
Attachment 2 - Exhibit A - Irrevocable Agreement to Annex Attachment 3 - Exhibit B - Vicinity Map
Attachment 4 – Exhibit C - Application
Ward
Fifth Ward
Synopsis of Previous Council Actions
September 2, 1997 The City of San Bernardino adopted Resolution No. 97-275 relative to the providing of sewer services outside of City boundaries.