HomeMy WebLinkAbout24-Public Works
CITY-OF SAN BERIORDINO -
REQUEST O>>R COUNCIL ACTION
File No. 3.14-14
Authorization to Execute Agreement
Subject: with Marilyn Carlson - HExtension
of Sewer Main in Sepulveda Avenue,
North of 50th Street
From: ROGER G. HARDGRAVE
Dept: Public Works
Date: 5-12-92
Synopsis of Previous Council action:
06-04-90 -- Waiver of Requirement to Connect to Sewer System, for
Mr. and Mrs. John Beach at 5060 Sepulveda Avenue dis-
cussed.
Recommended motion:
Adopt resolution.
cc: Shauna Clark
Jim Penman
Supporting date atteched:
Roqer G. Hardqrave
Staff Report, Agreement
& Resolution
Phone:
5025
Contact person:
Ward:
4
FUNDING REQUIREMENTS:
Amount: $20.000 (Sewer Line Construction Fund)
Source: (Acct. No.)
245-365-57705
Sepulveda Avenue. No. of 50th St.
Finance:
;J;v-
Acct. Oescri tion Sewer Line Ex
Council Notes:
75-0262
Agenda Item No
:2.1
CITY.OF SAN BER.GRDINO - REQUEST Q,R COUNCIL ACTION
STAFF REPORT
Mr. and Mrs. John Beach constructed a new house at 5060
Sepulveda Avenue. A septic tank was provided to handle waste
water from this residence.
During final inspection, it was determined that the new
house was required by the San Bernardino Municipal Code to be
connected to the City's sewer system. The Beaches applied for a
waiver of this requirement. This waiver was discussed at the
Council meeting of 6-4-90, but no resolution was reached. The
matter was then referred to the Legislative Review Committee.
At the Legislative Review Committee meeting of 6-7-90,
the following recommendations were agreed on.
1. Referred to Engineering and Planning.
2. Sewer shall be installed within 180 days of
occupancy.
3. Sewer Line Construction Funds are to be used to
extend sewer main.
4. Property owner will pay sewer capacity and connection
fees.
5. Property owner may temporarily use the septic tank.
6. Property owner may file claim with City relative to
building permit issued for septic tank.
The owner of the parcel to the north of the Beach parcel
submitted an application for a parcel map to divide her parcel
into two lots. It will be required for the houses built on
these newly created lots to be connected to the sewer system.
Action on extension of the sewer main was, therefore, deferred
in order to allow an agreement to be worked out, with Ms.
Marilyn Carlson, (the owner of the parcel being split) for
participation in the cost of extending the sewer main to serve
the Beach parcel, and the two new lots.
Ms. Carlson preferred to wait until her parcel map was
approved, before negotiating an agreement for extension of the
sewer main. The parcel map has been approved, and the proposed
agreement has been negotiated with Ms. Carlson. The agreement
provides, in general, that the City will have the sewer main
extended, and that the owner will pay each lot's fair share
cost.
A similar agreement will be needed with the Beaches, in
order to stipulate their participation in the cost of the sewer
main extension.
An amount of $20,000 has been allocated in the Sewer Line
Construction Fund, under Account No. 245-365-57705, to finance
the cost for extending the sewer main to serve these three
parcels.
We recommend that the agreement be approved.
5-12-92
7o;..n::tf04
o
o
1
RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH MARILYN CARLSON RELATING TO THE
3 EXTENSION OF A SEWER MAIN TO SERVE THE TWO LOTS CREATED BY PARCEL
MAP NO. 13320, ON SEPULVEDA AVENUE, NORTH OF 50TH STREET.
4
5
6
7
8
9
10
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The Mayor of the City of San Bernardino is
hereby
authorized
directed to execute, on behalf of said
and
City, an agreement with Marilyn Carlson relating to the extension
of a sewer main to serve the two lots created by Parcel Map No.
13320, on Sepulveda Avenue, north of 50th Street, a copy of which
11 agreement is attached hereto, marked Exhibit "A" and incorporated
12 herein by reference as fully as though set forth at length.
13 SECTION 2. The agreement shall not take effect until
14 fully signed and executed by both parties. The City shall not be
15 obligated hereunder unless and until the agreement is fully
16 executed and no oral agreement relating thereto shall be implied
17 or authorized.
18 SECTION 3. This resolution is rescinded if the parties
19 to the agreement fail to execute it within sixty (60) days of the
20 passage of this resolution.
21 / / I /
22 / / / /
23 / / / /
24 / / / /
25 / / / /
26 / / / /
27 / / / /
28 / / / /
5-12-92
-
KJ;:;::;U: 8U'.l:t1UKJ.:OJ.~b J;:;AJ;:;CU'l'J.U~ U~ 8l~ 8bKJ;:;J;:;l\IlJ;:;~'l' WJ.'l't1 !'UU<J.,L.:1" C8KJ.o::;U"
RELJlI""I\NG TO EXTENSION OF SEWE~IN ON SEPULVEDA AVENUE,
NOR~F 50TH STREET. ~
1
I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the Mayor and COllUllon Council of the City of San
3 Bernardino at a
meeting thereof, held on the
4
, 1992, by the following vote, to-wit:
day of
5 Council Members:
NAYS
ABSTAIN
ABSENT
AYES
6 ESTRADA
7 REILLY
8 HERNANDEZ
9
10
11
12
13
14
15
16
17
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
Rachel Krasney, City Clerk
The foregoing resolution is hereby approved this
, 1992.
day of
18
19
Approved as to form
20 and legal content:
21
22
W. R. Holcomb, Mayor
Ci ty of San Bernardino
James F. Penman
City Attorney
23
24
25
26
27
28
- 2 -
.
.
~
o
o
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
AGREEMENT
---------
THIS AGREEMENT is made and entered into this
D;? day of
A{-Jrt!
,
1992, by and between Marilyn Carlson, 4174
Mountain Drive, San Bernardino, CA., 92407, hereinafter referred
to as "OWNERS," and the City of San Bernardino, a municipal
corporation, hereinafter referred to as "CITY."
WITNESSETH :
WHEREAS, OWner has received approval from the Planning
Commission of City, on 12-11-90, for Parcel Map No. 13320; and
WHEREAS, Parcel Map No. 13320 will divide OWner's 0.35
acre parcel, knO\fll as 5098 Sepulveda Avenue, into two residential
lots; and
WHEREAS, the sewer service will be needed upon development
of residences on these two lots; and
WHEREAS, City has a sewer main at the intersection of
Sepulveda Avenue and 50th Street, which could be extended
northerly in Sepulveda Avenue to provide sewer service to the two
lots that will be created by recordation of Parcel Map No. 13320;
and
WHEREAS, one of the conditions of approval for Parcel Map
No. 13320 is that the Owner shall enter into an Agreement with
City to pay the fair share of the cost for extension of the sewer
system to serve these two lots; and
WHEREAS, the owners of the parcel to the south, John and
Lissa Beach, have recently built a new residence, that is
temporarily on septic tank until the sewer main extension is
constructed; and
EXHIBIT -A-
o
o
1 WHEREAS, a separate Agreement will be negotiated with the
2 Beach's to provide for them to pay their agreed upon fair share
3 price of the sewer main extension.
4 NOW, THEREFORE, the parties agree, as follows:
5 1. City shall:
6 a. Prepare plans, specifications, and estimate for
7 the installation of an 8-inch sewer main in
8 Sepulveda Avenue, from the existing main at 50th
9 Street to the north boundary line of Parcel Map
10 No. 13320.
11 b. Construct by contract the sewer main, and
12 appurtenant facilities, in accordance with the
13 approved plans and special provisions.
14 c. Provide wyes for connection of sewer laterals and
15 install a 4-inch lateral, to the street right-of-
16 way line, for each lot, if requested by the owner.
17 d. Submit the plans and estimate of cost to Owner for
18 review and approval, prior to advertising for
19 bids.
20 e. Finance the entire cost of extending the sewer
21 main in Sepulveda Avenue.
22 2. OWNER agrees:
23 a. That a payment equivalent to each lot's fair share
24 cost shall be paid to City, prior to issuance of a
25 Building or Grading Permit. The fair share cost
26 for each lot will be the frontage (70 feet)
27 divided by the total length of sewer main
28 installed (estimated at 320 feet) times the total
- 2 -
AGRf;.J::MEI-'l'l': i:.J\.'~'i:."<>"'U" u~ <>"'..."''' "=..." ..." 'H.... u~, ~~~ ~. _"U_
o 0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
actual cost, including construction contract and
engineering costs 1 plus the total cost for the
laterals, if any.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the day and year first above shown.
CITY OF SAN BERNARDINO
P~;;;;:t:R~
Marilyn Ca'lson
4174 Mountain Drive
San Bernardino, CA 92407
By
W. R. Holcomb, Mayor
Approved as to form
and legal content:
James F. Penman
City Attorney
,. }
B"(j/tt/'Ylllh?
()
V~
- 3 -