HomeMy WebLinkAbout18- Public Works CITY OF SAN BERNA DINO REQUEST FC COUNCIL ACTION
File No 3.01
Authorization to Execute Sewer
From: ROGER G. HARDGRAVE Subject: Connection Agreement with
Lawrence R. Niezgod$ki --
�ept: Public Works 4060 Electric Avenue
date: 8-25-94
Synopsis of Previous Council action:
DMIN,. OFFiCE>
None.
SEP 91, 1 ,: 3-
Recommended motion:
Adopt resolution.
cc: Shauna Clark
Jim Penman
Bernie Kersey
Pat Malloy
Signature
;ontact person:_ Roger G. Hardgrave Phone: 5025
Staff Report, Agreement,
Supporting data attached: Resolution, Letter, Map Ward: N/A
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.)
(Acct. Description) ,
E
Finance:
'.ouncil Notes:
l�75-02e2 Agenda Item Nn__ `
CITY OF SAN BERM :DINO - REQUEST F, ; COUNCIL ACTION
STAFF REPORT
A request was submitted to the Water Department by Mr.
Lawrence R. Niezgodzki, for authorization to connect his County
parcel, at 4060 Electric Avenue, to the Citv' s sewer system. A
copy of this letter is attached for reference.
Sewer service would be provided by connecting to the
existing 12-inch sewer main to the west of the parcel , along
Lorraine Drive.
A finding was made at the 7--5-94 meeting of the Board of
Water Commissioners that there is available capacity in the Water
Reclamation Plant to serve the proposed 5-unit multi-family de-
velopment on this parcel. A copy of the Staff Report to the
Board, dated 6-21-94 , is also attached for reference.
The Proposed Sewer Connection Agreement provides, in
general, that this parcel can connect to the City' s sewer system,
subject to all terms and conditions of the San Bernardino Muni-
cipal Code. This Agreement can be terminated by the City with a
90-day written notice and will terminate automatically upon
annexation.
A recent amendment to State Law requires that the Local
Agenc, Formation Commission approve anv connection by an unincor-
porated parcel to a municipal sewer or water si•stem. The Citv
needs to submit an application to the Commission for their
approval.
A map of the parcel is also attached for reference.
This parcel is zoned for multi-family use in the County' s
General Plan. However, the only way this development can be
approved is to connect to the City' s sewer system, since the
County Health Department will not issue a permit for a septic
tank.
The City' s General Plan designates this area as RS (Resi-
dential Suburban) .
An administrative fee of $1 ,000 will be charged to the
applicant in- the event that this request is approved. In
addition, LAFCO will levy a fee of $2, 600 in connection with the
application to connect this County_ parcel to the City' s sewer
system.
8-25-94
71_nlaA
TTY OF SAN BERNARDIN(. D
MUNICIPAL WATER DEPARTMENT .U1 2 71994
IN'T'EROFFICE Al EMORANDUM
TO: Board of Water Commissioners
FROM: Cheryl Flowers, Assistant General Manager
SUBJECT: REQUEST FOR CAPACITY IN WATER RECLAMATION PLANT
DATE: June 21, 1994
COPIES: Roger Hardgrave, Lorraine Velarde
BACKGROUND:
The attached request from Mr. Lawrence R. Niezgodzki is for a
fiveplex of three 2-bedroom and two 3-bedroom apartments, proposed
for residential property at 4060 Electric Avenue (see map) in the
County, to be connected to the City's sewer system. The property
is within a County island area and is adjacent to the west and 100'
south of the City boundary. The project is within the City's
Sphere of Influence and the General Plan designation is Residential
Suburban (single-family residential) ; the proposal therefore does
not currently comply with the General Plan. Mr. Niezgodzki has
been notified by the County Health Department that a septic system
would not be permitted for more than one (1) dwelling.
Connection to the City's sewer system requires approval of the
Mayor and Common Council; however, the Board of Water Commissioners
must first determine if there is available capacity at the Water
Reclamation Plant.
The developer proposes a total of five (5) units [three (3) two-
bedroom and two (2) three-bedroom apartments] ; these units
f connected to the sewer system would each generate an average of
225-gpd of sewer flow and a total of 1,125 gallons per day of flow
to the Water Reclamation Plant. There is currently an estimated 10
MGD of capacity available and therefore, the Water Department would
be able to serve the subject project.
RECOMMENDATION•
It is recommended that the Board of Water Commissioners notify the
City Engineer/Public Works Department of available capacity at the
Water Reclamation Plant to serve Mr. Lawrence R. Niezgodzki's
proposed multi-family development project at 4060 Electric Avenue.
Respect ully submitted,
Cheryl A. Flowers
Assistant General Manager
CAF:als
Attachment
Agenda Ilan No.:�
0
F j
1
• ii' MAY 91994 i
= � MAY 4 , 1994
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T-77
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LAWRENCE R. NIEZGODZKI ;
MAY 1 0 RM
15641 SPAR STREET ,
GARDEN GROVE, CALIFORNIA 92643
( 714) 839-7737 SF
z SAN BERNARDINO WATER DEPARTMENT
MUNICIPAL WATER DEPARTMENT
P.O. BOX 710
SAN BERNADINO, CALIFORNIA 92402
DEAR PRESIDENT MARGARET H. CHANDLER:
r
I AM WRITING YOU THIS LETTER, TO REQUEST FROM YOU, AND THE BOAR
TY
PERMISSION TO BE ALLOWED TOS CONNECT
ELECTRIC THE
AVESAN
INETHERCOliNTYIOF
SEWER SYSTEM. MY ADDRESS
SAN BERNARDINO. THE LOCON 40TH ANTD R41ST. IN MY NPROPERTYO IS
ON LORRAINE DRIVE BET WEE
APPROXIMATELY 5 FEET FROM HOME AND REBUILD ON THE PROPERT
A CITY MANHOLE. O.�S THE
TO TEAR DOWN THE EXISTING � BEDROOM AND ONE 3 BEDFtOO`1
PLAN THAT I HAVE IS TO ERECT FOUR
APARTMENTS , BUT ACCORDING THE EWOULD COUNTY
ONLY BE ABLE TO TR•EBCI LDOA
CONNECTED TO THE SEWER SY STEM
SINGLE: FAMILY UNIT CONNECTING TO THE SEPTIC TANK.
I AM A LICENSED PLUMBING CONTRACTOR. AND I AM AWARE OF THE PROBLEMS
WITH THE USE OF A SEPTIC TANK. I DO NOT LIKE THE POSSIBILITY OF
CONTAMINATION OF THE SOIL ON MY PROPERTY OR ADJACENT PROPERTIES.
IN SHORT WHAT I WOULD LIKE IS PERMISSION FROM YOU A5D BOARD TO MY
CONNECT INTO YOUR SEWER.
WHICH IS APPROXIMATELY
PROPERTY. SO THAT I MAY PROCEED TO BUILD ON MI' PROPERTY. I WOULD
HOPE THAT IN TIME THAT YOU WILL ANNEX THIS SMALL COUNTY AREA , SO
THAT ALL, MAY BENEFIT FROM THE CITY' S SERVICES .
I
[F YOU ARE IN QUESTION ON HOW MANY FIXTURE UNITS THAT WOULD B
ADDED TO YOUR SEWER SYSTEM FROM THESE UNITS , THERE WOULD ONLY BE 90
FIXTURE UNITS FOR THE ENTIRE LOT .
THAN — YOU ,
I op �
AWRENCF R. NIEZGOD7I'I
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1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A SEWER CONNECTION AGREEMENT WITH LAWRENCE R.
3 NIEZGODZKI RELATIVE TO CONNECTION OF 4060 ELECTRIC AVENUE TO THE
CITY' S SEWAGE SYSTEM.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
5 CITY OF SAN BERNARDINO AS FOLLOWS:
6 SECTION 1 . The Mayor of the City of San Bernardino is
7 hereby authorized and directed to execute, on behalf of said
8 City, a Sewer Connection Agreement with Lawrence R. Niezgodzki
9 relative to connection of 4060 Electric Avenue to the City' s
10 sewage system, a copy of which is attached hereto, marked Exhibit
11 "A" and incorporated herein by reference as fully as though set
12 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. The authorization to execute the above-
19 referenced agreement is rescinded if the parties to the agreement
20 fail to execute it within ninety (90) days of the passage of this
21 resolution.
22 SECTION 4 . The authorization to execute the above
23 referenced agreement is contingent upon approval by the Local
24 Agency Formation Commission.
25 SECTION 5. The Director of Public Works is hereby
26 authorized and directed to submit an application to the Local
27 Agency Formation Commission for the extension of services outside
28 of the City limits.
8-25-94
RESO: AUTHORIZING EXECUTION OF A SEWER CONNECTION AGREEMENT FOR
4060 EL TRIC AVENUE.
j I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the Mayor and Common Council of the City of San
3 Bernardino at a meeting thereof, held on the
4 day of 1994 , by the following vote, to-wit:
5 Council Members: AYES NAYS ABSTAIN ABSENT
6 NEGRETE
I
7 CURLIN
8 HERNANDEZ
J OBERHELMAN
10 DEVLIN
11 POPE-LUDLAM
12 MILLER
13
14
15 Rachel Clark, City Clerk
16 The foregoing resolution is hereby approved this
17 day of 1994 .
18
Tom Minor, Mayor
19 City of San Bernardino
Approved as to form
20 and legal content:
21 James F. Penman
City Attorney
22
23 By
24
25
26
27
28
2 -
EXHIBIT "A"
1 SEWER CONNECTION AGREEMENT
9
2
THIS AGREEMENT is made and entered into this day of
3
1994 , by and between the City of San
4
Bernardino, a municipal corporation of the State of California,
5
hereinafter referred to as "CITY, " and Lawrence R. Niezgodzki and
6
his successor (s) in interest, hereinafter referred to as "USER. "
7
8 WITNESSETH:
9 WHEREAS, User is the owner of certain premises commonly
10 known as 4060 Electric Avenue ,
(Street Address)
11
San Bernardino, California, and more particularly described as
12
follows, to wit:
13
Assessor' s Parcel Number: 271-031-45
14
Legal Description of Property: The south 60 feet of Lot 1,
15
16 Arrowhead Suburban Farm Tract A, as per plat recorded in Book
21 , Page 6, records of said County.
17
18
19
20 WHEREAS, User represents that it has a legal interest in
21 the property and that all other persons holding legal interests
22 in the property and all successors in interest are bound by this
Agreement; and
23
24 WHEREAS, the above described premises are presently
25 located outside the City limits of City; and
26 WHEREAS, the above described premises do not receive sewer
service; and
27
28
I WHEREAS, it is the desire of the parties hereto that User
2 may avail himself of City' s sewer facilities .
3 NOW, THEREFORE, in consideration of the promises and of
4 mutual- covenants and agreements herein, it is mutually understood
5 and agreed as follows :
6 1 . City hereby permits User to install and construct a
7 sewer lateral connecting the sewer plumbing system in any
8 existing building on the above described premises to an existing
9 public sewer main of City. User shall be responsible for the
10 repair and maintenance of the sewer lateral up to the point it
11 connects to the public sewer main. User shall design sewer
12 lateral to provide for a drop flow meter, per specifications
13 approved by City. Said installation, construction and connection
14 shall be made at User' s sole cost and expense.
15 2. User agrees to abide by all the terms and provisions
16 of the San Bernardino Municipal Code, Chapters 13.08, 13.16 and
17 13. 32, made a part hereof by reference, which shall include, but
18 is not limited to, the User's agreeing to apply for and obtain
19 from City an appropriate permit for the aforesaid sewer
20 connection, pay all fees necessary for such permit and sewer
21 connection, cause all appropriate inspections to be made and
22 comply with all conditions and requirements made by the office of
23 the City Engineer and other departments of the City, or as may be
24 provided in said San Bernardino Municipal Code Chapters 13.08 and
25 13. 32 or other ordinances, laws, or amendments thereto
26 hereinafter enacted.
27 3. User agrees to apply for and obtain from the
28 governmental entity having jurisdiction all necessary permits,
- 2 -
I including a street or highway permit for the sewer line.
2 4. User agrees to pay to City the applicable monthly
3 charges for sewer services as set forth in Resolution No. 91-361
4 or any_ subsequent amendment thereto. Such monthly sewer service
5 charges may be increased at any time by action of the Mayor and
6 Common Council to cover increased operating or maintenance costs
7 of, or improvements or additions to, the wastewater treatment
8 system and sewer system of City.
9 5. User agrees to abide by City' s rules and regulations
10 and laws relative to the maintenance and operation of City's
11 sewer and wastewater treatment system and of the User's Sewer and
12 plumbing system, including, but not limited to, San Bernardino
13 Municipal Code Chapter 13.32 , or other ordinances, laws, or
14 amendments hereinafter enacted regulating the discharge of wastes
15 into the City sewage system.
16 6. In case it may become necessary to repair or replace
17 any part of the sewer system, City is hereby authorized to close
18 any valve, or valves, in any of the mains in the City or at the
19 point of connection between the main or lateral of City and the
20 lateral of User as may be necessary for the protection of said
21 sewer system, or to meet the exigency of the situation. It is
22 expressly covenanted and agreed that City shall not be held
23 liable or accountable for any bursting, breakage, stoppage, or
24 accident of any kind that may occur to said sewer system, connec-
25 tion, or sewer lateral and User hereby covenants and agrees to
26 save and hold harmless City and its officers, employees or agents
27 from any and all loss, damage or expense that User may incur or
28 suffer by reason of the execution or performance of this
- 3 -
OM
1 Agreement.
2 7 . It is mutually covenanted and agreed that City shall
3 not be accountable or liable, nor shall such be held or
4 considered as a breach of this contract, for failure to provide
5 sewer services to User, growing out of any breakage, stoppage or
6 sewage "back-up" in sewer pipes, accident or injury of any kind
7 occurring to the sewer and sewage treatment system, or on account
8 of any suit, proceeding, judgment or decree in any court of
9 record, restraining or interfering with performance under this
10 contract on its duties hereunder; nor shall the City be held
11 accountable or liable under this Agreement for any failure to
12 supply sewer services growing out of any inability to operate its
13 sewer or treatment system occasioned by any accident, Act of God,
14 strike, riot or public enemy.
15 8• City shall have the right to terminate this Agreement
16 and to disconnect the sewer lateral of User and cease sewer
17 services as herein provided by a ninety (90) day written notice
18 mailed either to User or to whomever may be the tenant in
I
19 occupancy of the User' s premises, provided that in case User
20 shall, at any time, make any default in the performance of any of
21 the covenants, conditions and agreements to be kept and performed
22 by it on its part, including payments herein provided for, and if
23 any such default shall continue for a period of thirty (30) days,
24 then and in that case, the contract may forthwith be terminated
25 at the option of the City upon giving ten (10) days notice in
26 writing of its intentions so to do, and thereupon the sewer
27 services may be discontinued.
28
A -
1 9 . Upon the annexation of the premises to the City of San
2 Bernardino, if and when such shall occur, this Agreement shall
3 automatically terminate and, thereafter, User shall pay the rates
4 applicable under San Bernardino Municipal Code Chapter 13. 16 or
5 other laws or amendments thereto hereinafter enacted.
6 10 . User shall at all times keep City apprised of its
7 current residence and mailing addresses in the event user does
8 not do business or reside at the property herein described.
9 11 . The covenants and agreements hereby created to benefit
10 the land are and shall be construed as covenants running with the
11 land, and each and every person accepting a deed to said property
12 shall thereby consent and agree to be bound by the covenants
13 herein contained to the same extent as though he had signed this
14 instrument. The undersigned, in executing and delivering any
15 deed to said property, shall insert in said conveyances, by
16 reference, that the same are made subject to the terms,
17 conditions and covenants herein contained, designating the book
18 and page of the record in which this instrument is recorded.
19 12. The rights and interest of User in this Agreement and
20 the use of City' s sewer facilities pertain to the herein
21 described property only, and may not be assigned or transferred
22 for the benefit of any other property.
i 23 13. User shall save, keep and hold harmless the City its
24 officers, employees and agents, from all damages, costs or
25 expenses in law or equity that may at any time arise or be set up
26 because of damage to property, or of personal injury which may be
27 caused by any willful or negligent act or omission by the user,
28 its officers, employees or agents.
SEWER CONNECTION AGREEMENT: 4060 ELECTRIC AVENUE
1 IN WITNESS WHEREOF, the parties hereto have executed this
2 Agreement as of the date and year first above written.
3
CITY OF SAN BERNARDINO,
4 __ a municipal corporation
5 By
6 Mayor
7 ATTEST:
8 City Clerk
9
10
USER
11
12 By
Lawrence R. Niezgodzk
13 Approved as to form
and legal content:
14
James F. Penman
15 City Attorney
16
By
17
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