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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: May 21, 2025
To: Honorable Mayor and City Council Members
From: Bill Gallardo, Interim City Manager;
Joshua Dramitinos, Acting Director of Economic Development Department: Economic Development
Subject: Irrevocable Agreement to Annex No. 2025-384 (Ward 6) Recommendation:
It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2025-289 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 3737 Duffy Street, San Bernardino, California, (APN 0267-041-16) within the unincorporated territory of San Bernardino County; and authorizing the City Manager to execute an Irrevocable Agreement to Annex.
Executive Summary
In November 2024, the San Bernardino Municipal Water Department received a request for sewer service from the prospective developer of a parcel located at 3737 Duffy Street (APN: 0267-041-16) for a connection to the sewer collection system. The property owner is abandoning the existing septic tank and is desirous of a connection to the sewer collection system. The Water Department has determined that there is an available 18-inch vitrified clay pipe sanitary sewer main within Duffy Street, fronting the subject parcel and the department can serve this parcel.
Background
In November 2024, the San Bernardino Municipal Water Department received a request for sewer service from the prospective developer of a parcel located at 3737 Duffy Street (APN: 0267-041-16) for a connection to the sewer collection system. The property owner is abandoning the existing septic tank and is desirous of a connection to the sewer collection system.
In 1994, the California Government Code Section was amended by the addition of Section 56133, which requires the Local Agency Formation Commission (LAFCO) to approve the provision of new City services outside its corporate boundaries. The 2 6
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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 providing of sewer services outside of City boundaries. The policy includes a payment of $1,300 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 the Water Department has indicated that the existing residential use is consistent with the City's General Plan. The Water Department has determined that there is an available 18-inch vitrified clay pipe sanitary sewer main within Duffy Street, fronting the subject parcel and the department can serve this parcel.
LAFCO requires the Agency providing the service to complete the application. The resolution will allow the San Bernardino Municipal Water Department to submit an application to LAFCO if approved by 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 Key Target No. 4b: Economic Growth & Development - 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. 2025-289 of the Mayor and City Council of the City of San Bernardino, California, approving the application to the Local Agency Formation Commission to 2 6
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provide City sewer services to a property located at 3737 Duffy Street, San Bernardino, California, (APN 0267-041-16) within the unincorporated territory of San Bernardino County; and authorizing the City Manager to execute an Irrevocable Agreement to Annex.
Attachments
Attachment 1 - Resolution No. 2025 -289
Attachment 2 - Exhibit A - Irrevocable Agreement to Annex Attachment 3 - Exhibit B - Vicinity Map
Ward:
Sixth 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.