HomeMy WebLinkAbout45-Water Department
CI,f OF SAN .ERNARDI-'6 -.II.QUE~ 'OR COUNCIL ~
From:
Bernard C, Kersey
Director, Administration & Finance
Water Department
RE~MIM.RO~st for Reconsideration -
Denial of Request for Sewer Service
19l18 JUL 21 PMofttdt$e Corporate Limits-
25492 San Bernardino Avenue
42l.....
Dept:
Date:
July 20, 1988
Synopsis of Previous Council action:
April 4, 1988. The request from A, Carol Lackyard to connect property located
at 25492 San Bernardino Avenue to the City of San Bernardino sewer system,
based upon health and safety due to a failed septic system was denied,
Recommended motion:
1, That the request for reconsideration for denial of a request from A, Carol
Lackyard to connect to the City's sewer system for property located at
25492 San Bernardino Avenue be denied,
or
2, That the request for reconsideration for denial of request from A, Carol
Lackyard to connect to the City's sewer system for property located at
25492 San Bernardino Avenue be approved,
Contact person:
Bernard C, Kersey
Phone:
384-5393
Supporting data attachad: Yes Ward:
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.!
(Acct, DescriDtionl
Finance:
Council Notes:
~~~
'CIT'f OF SAN BERNARDlio - REQUEi,. FOR COUNCIL ACT90N
STAFF REPORT
A, Carol Lackyard had previously requested permission to connect her
property located at 25492 San Bernardino Avenue to the City'S Sewer Sys-
tem, The request was approved by the Board of Water Commissioners based
upon findings that the property would have to be vacated if not allowed
to connect to the City's sewer system, The request was denied by the
Mayor and Common Council at the regular meeting held on April 4, 1988,
At the council meeting, I advised that the property was Section 8
rental property in the County of San Bernardino and that the owner did
not occupy the premises, There are two housing units on the property. I
further advised that the entire septic system had failed and that there
was not enough area on the property to install leach lines for a new sep-
tic system,
Subsequent to the denial of Ms, Lackyard's request, I discussed her
sewer problem and learned that some of the facts I presented to the Mayor
and Common Council were in error, Ms, Lackyard informed me that she did
reside at the property in the smaller unit at the back of the property
with the front house rented out under the County's Section 8 program,
Since May, 1988 Ms. Lackyard has vacated the back house, stopped renting
the front unit out and has moved into it, The septic tank failure was dis-
cussed with Mr, Frank Dinsman, an inspector with the County of San Bernar-
dino Environmental Health Services Department.
Mr, Dinsman reconfirmed that with the high groundwater table in the
south San Bernardino area, the failed septic system cannot be replaced
except with leach lines, The use of leach lines for this property will not
work because of inadequate space and set back requirements.
If the property is not connected to the sewer system, the housing unit
at the rear of the property will have to be condemned,
Ms, A, Carol Lackyard has requested that her request to connect to the
City's Sewer System, based upon health and safety, be reconsidered,
_! -
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~
Lydia Rodriguez
Nick Tavaglione
Donna Fortney
Brad Stevens
James Hamilton
Walter Pittman
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REQUESTS FOR SEWER SERVICE
OUTSIDE THE CORPORATE LIMITS OF THE CITY
APPROVED BY THE MAYOR AND COMMON COUNCIL
ADDRESS
25434 Coulston
42nd & North wEw St.
684 40th St.
369 W. 41st St.
4080-4088 N. WFW St.
440 W. 40th St.
* Subject to Annexation
TYPE OF
CONNECTION
S.F.
24 units
S.F.
New Constr. S/F
S.F. + 9 units
S.F. + 2-4 plexes
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YEAR
CONNECTED
1982
1982
1984
1984
1984
1985*
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,0. , /l ~/ .' [f!f\Y 1 9 1988
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ENVIRONMENT AL HEALTH SERVICES
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COUNTY OF SAN BERNARDINO
ENVIRONMENTAL
PUBLIC WORKS AGENCY
'St! 385 North Anowhud Avenue' San Bernardino. CA 92415-0160 . 17141387-4646
'd 320 East "0" Street. Ontario. CA 91764 . 17141391.7570
o 15505 Civic Drive. Vlctofville, CA 92392 . t619J 243-8141
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Pl.EASE REPLY TO ADDRESS CHECKED
RICHARD L. ROBERTS, R. S., M. P. H,
Director
lYJlfY J'2/19l?g
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"2-'J-lf~V2. S'/jAJ 6'8~NfJRO.rNO illitE
Sft/V BG",I(;tIIt/?orNO, C j4 Cj1!,/O<6
AIIO ..,....ng the eitils of:
Adel,nlD N..dl"
B.rstow Onll';O
Big eu, L.ke A'flChO
Chino Cuc.mong.
Colton Redl,nd.
Fontlnl Ai,110
Grind Tlrreel Sin Blrn,rdino
Lorn. Linda Upland
Montel.i, \lietorvilll
RE:
_ IJ !?E-'l2jfJ/f/?J)J-'lUO At/2 '5.'4'
SEWAGE DISPOSAL SYSTEM AT '20 71'11. 9ft . I
ASSESSOR'S PARCEL NO. CJ7- 'lJO-"2-C(5- "2-.'5
This Department has verified upon a recent inspection that you
are disposing sewage on the ground at the above location, This
method of sewage disposal is a public health nuisance and is a
violation of the California Health and Safety Code, sections
17920.3 and 5411, and the San Bernardino County Code, section
33,032 and 33,034,
"
Please abate the nuisance by completing the following actions:
1. Immediately disinfect all contaminated ground surface area
with chlorine or other approved disinfectant,
2. Discontinue sewage discharge onto the ground surface, Have
the septic tank pumped by a licensed pumping company if
necessary, within 48 hours upon receipt of this letter.
3. Repair system so that sewage will be carried to an approved
sewage disposal system, obtain necessary permits to repair
or replace system from the local Department of Building and
Safety.
A representative from this Department will visit the premises
within '!;l3cJFN 019)/5 to verify compliance, Failure to comply with
Environmental Health and Safety Code will result in immediate
legal action.
If you have any questions, please telephone this office between
8:00 a.m. and 9:00 a.m, weekdays at (714) 387-4670,
RICHARD L. ROBERTS, R.S., MPH
Director
f/l#l~-;~~(,'
FRANX~~' R.S., ES II
Housing , Property Improvement
RLR: FD: lla
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4a, Public Utilities Baseline Rates - The
Committee received and filed a report and
presentation by Mr, Jim King from Southern
California Gas. The Committee tabled this
item,
4b. Public Utilities Rate Change - Item
continued.
5. Request for Funds - Hispanic Chamber of
Commerce - The Committee recommended support
of the $30,000 request for cultural events
requested by the Hispanic Chamber of Commerce
President, Councilwoman Estrada will send a
letter of support to the Cultural Affairs
Commission and request their reply in time to
be placed on the April 18th Agenda,
Council Member Estrada made a motion, seconded by
Council Member Reilly and unanimously carried, that the
minutes of the Ways and Means Committee meeting held March
28, 1988, be received and filed,
CSEWER SYSTEM-:"::' REQUEST .FOR PROPERTY OUTSIDE
CITY TO CONNECT - 25492 SAN BERNARDINO' AVENUE -
A, CAROL LACKYARD
In a memorandum dated March 14, 1988, Bernard Kersey,
Water Department Director of Administration & Finance,
stated that A, Carol Lackyard has requested to connect her
property located at 25492 San Bernardino Avenue, which
consists of two low income rental houses, to the City's
sewer system, The septic tank on the property is failing,
and the lot is not large enough to replace the deterior-
ated septic system and leach lines. (39)
//
He further stated that the problem was verified with
a County inspector, who advised that if the property is
not connected to the City's sewer system, the units would
have to be vacated for health and safety concerns. Based
upon these findings, the Board of Water Commissioners has
unanimously recommended to approve the request for con-
nection to the City's sewer system,
Phil Arvizo, Executive Assistant to the Council,
reported that according to the Board of Water Commi.ssion-
ers, there had been five to six past occasions wherein the
City granted sewer connections to residences outside the
City limits,
Bernard Kersey, Water Department, answered questions
.regarding the two rental units on the subject property,
and there not being enough area for leach lines for the
installation of a new septic tank,
47
4/4/08
'0 0
CIT1: OF SAN BERNARDINO
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- REQUEST FOR COUNCIL ACTIOK
From: Bernard C. Kersey. Deputy City
Clerk & Ex-Officio Secretary
Dept: Board of Water Commissioners
Subject: Request for Sewer Connection
25492 San. Bernardino Avenue
Date: March 14. 1988
~q
Synopsis of Previous Council action:
NONE
Recommended motion:
That A. Carol Lackyard be authorized to connect property located at 25492 San Bernardino
Avenue to the City of San Bernardino sewer system, based upon health and safety due to a
failed septic system. Further, that A, Carol Lackyard be required to enter into a standard
form agreement for sever service outside the corporate limits of the City with the Director
of. Public Works/City Engineer.
Contact person: Bernard C, Kersev
Phone:
'HI"-~1Q1
d
Supporting data attached: Yes
Ward:
FUNDING REQUIREMENTS:
Amount: Non..
Source:
Finance:
Council Notes:
<.q
'0 0 0 0
crrv OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
On February 12,. 1988, a request was submitted by A. Carol
Lackyard to conpect her property located at 25492 San Bernar-
dino Avenue to the City's sewer system. The property has two
(2) houses on it which are connected to a septic tank which
is failing. The yard is not large enough to replace the
deteriorated septic system and leach lines.
Contact was made with the County of San Bernardino Community
Development Department regarding the sewage problem since the
two housing units are rentals for low income families. The
inspector at the County verified the problem with the exist-
ing septic tanks and leach lines, and advised if the property
is not connected to the sewer system, the housing units would
have to be vacated for health and safety concerns.
The request of Ms. Lackyard was presented to the Board of
Water Commissioners at their regular meeting held March 1,
1988. Based upon the finding of health and safety for the
occupants of the premises, the Board unanimously voted to
approve the request for sewer connection outside the corpor'-
ate limits of the City, and authorized the Secretary to
forward the request to the Mayor and Common Council for
approval.
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'I
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~QR~~M~HI
(Sewer Connection and Service)
THIS A~REEMENT, made and entered into this day of
, 198_, by and between
, hereinafter referred to as "USER", and the City 9f
San Bernardino, a municipal corporation of the State of Califor
nia, hereinafter referred to as "CITY";
WITNESSETH:
WHEREAS, User is the owner of certain premises commonly known
as '
California, and more particularly described as follows to 'wit:
liHEREAS, the above described premises are presently located
outside the city limits of City; and
WHEREAS, the above described premises does not receive sewer
service; and
WHEREAS, the existing septic system on above described
property has failed and cannot be replaced because the property .is
not large enough for a septic system and leuch lines; and
WHEREAS, the dwelling units on the site will have to be
vacated if no source of sewage disposal is made available; and
WHEREAS, it is the desire of the parties hereto that User may
avail himself of City's sewer fucilities;
3-14-88
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NOW, THEREFORE, in consideration of the promises and of
mutual covenants and agreements herein, it is mutually understood
and agreed as follows:
1, City hereby permits User to install and construct a
sewer lateral connecting the sewer plumbing system in any building
on the above described premises to an existing sewer main of City,
Said installation, construction and connection shall be made at
User's sole cost and expense.
2, User agrees to abide by all the terms and provisions of
the San Bernardino Municipal Code, Chapters 13,08, 13.16 and
13,32, made a part hereof by reference, which shall include, but
is not limited to, the User's agreeing to apply for and obtain
from City an appropriate permit for the aforesaid sewer connect-
ion, pay all fees necessary for such permit and sewer connection,
cause all appropriate inspections to be made and. comply with all
conditions and requirements made by the office of the City Engi-
neer and other departments of the City, or as may be provided in
said San Bernardino Municipal Code Chapters 13.08 and 13.32 or
other ordinances, laws, or amendments thereto hereinafter enacted,
3, User agrees to apply for and obtain from the government-
al entity having jurisdiction all necessary permits, including a
street or highway permit for the sewer line,
4. User agrees to pay to City the applicable monthly
charges for sewer services as set forth in Resolution No, 83-279
or any subsequent amendment thereto. Such monthly sewer service
charges may be increased at any time by action of the Mayor and
Common Council to cover increased operating or maintenance cost
of, or improvements or additions to, the wastewater treatment
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.,_, A_OO
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;'1~; tJ..'m an(1 f;"WCC. :.ys It..'m of C lly.
5, User agrees to abide by City'S rules and regulations and
3 laws relative to the maintenance and operation of City's sewer and
4 wastewater treatment system and of the User's sewer and plumbing
5 system, includ ing, but not limited to, San Bernardino Municipal
6 Code Chapter 13,32, or other
7 hereinafter enacted regulating
8 City sewage system,
9 6, In case it may become necessary to repair or replace any
10 part of the sewer system, City is hereby authorized to close any
11 valve or valves in any of the mains in the City or at the point of
12 connection between the main or lateral of City and the lateral of
13 User as may be necessary for the protection of said sewer system,
14 h' f h' , I"' 1
or to meet t e eX1gency 0 t e sltuat1on, t 1S express y cove-
15 nanted and agreed that City shall not be held liable or account-
16 able for any bursting, breakage, stoppage, or accident of any kind
ordinances,
the discharge
laws, or amendments
of wastes into the
17 that to said system, connection, later3l
may occur sewer or sewer
18 and User hereby covenants and to save and hold harmless
agrees
19 Ci ty and its officers, employees or from and all loss,
agents any
20 damage that incur suffer by reason of the
or expense User may or
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execution or performance of this Agreement.
7, It is mutually covenanted and agreed that City shall not
be accountable or liable, nor shall such be held or considered as
a breach of this contract, for failure to provide sewer services
to User, growing out of any breakage, stoppage or sewage "back-up"
in sewer pipes, accident or injury ~f any kind occurring to the
sewer and sewage treatment system, or on account of any suit,
proceeding, judgement or decree in any court of record, restrain-
1-14-RR
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ing or interfering with performance under this contract on its
2 du ties hereunder; shall the City be held accountable or liable
nor
3 under this Agreement for failure to supply sewer serv ices
any
4 growing out of inability to operate its sewer or treatment
any
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system occasioned by any accident, Act of God, strike, riot or
public enemy,
.8, City shall have the right to terminate this Agreement
and to disconnect the sewer lateral of User and cease sewer
services as herein provided by a ninety (90) day written notice
10 mailed either to User to whomever be the tenant in
or may
11 of the User's premises, provided that in User
occupancy case
12 shall, at time, make any default in the performance of any of
any
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the covenants, conditions and agreements to be kept and performed
by it on its part including payments herein provided for, and if
any such default shall continue for a period of thirty (30) days,
then and in that case, the contract may forthwith be terminated at
the option of the City upon giving ten (10) days notice in writing
of its intentions so to do, and thereupon the sewer services may
be discontinued.
9. Upon the annexation of the premises to t.he City of San
Bernardino, if and when such shall occur, this agreement shall
automatically terminate and, thereafter, User shall pay the rates
applicable under San Bernardino Municipal Code Chapter 13.16 or
other laws or amendments thereto hereinafter ~nacted.
10, This Agreement is personal as between the parties hereto
and shall give no right or interest whatsoever to the heirs,
assigns, devisees or successors-in-interest of User.
.In the event User shall be divested of his in,erest or title
3-14-88
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in the real property described herein, then this Agreement shall
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terminate and anyone succeeding to or acquiring the interest or
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title of User shall have no rights or interest in this Agreement
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or in the use of City's sewer facilities,
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The rights and interest of User in this Agreement and the use
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of city's sewer
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tr ansfer red
only
facilities may be assigned
or
upon the prior written consent of City,
IN WITNESS
WHEREOF, the
parties hereto
have executed
this
Agreement as of the date and year first abo?e written.
CITY OF SAN BERNARDINO
By:
City Engineer
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USER:
Approved as to form
19 and Legal Content:
20 f}
21 City~t~
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( 25L.92
BERNARDINO AVENUE
PROPOSED SEWER CONNECTION
OUTSIDE CORPORATE LIMITS OF CITY
25492 SAN BERNARDINO AVENUE
- AV.M.t' -! ~
SAN
CITY OF SAN BERNARDINO
MUNICIPAL WATER DEPARTMENT
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