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HomeMy WebLinkAbout20-Public Works CITY..OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION File !'lo. 3.01 :rom: ROGER G. HARDGRAVE Subject: Adoption of Policy -- Connection of Unincorporated Properties to the City's Sewage SysteM )ept: Public Works )ate: 07-15-97 f0:>~r:~~7 ~~? L1 iynopsis of Previous Council action: 05-19-97 - Request to connect the unincorporated property at 4532 North "F" Street to the City's sewer systen denied, and Director of Public Works directed to develop a policy for connection of County parcels. 08-11-97 - Reconmended for approval by Legislative Review Comnittee. AUG 11 1991 Recommended motion: That the policy relative to connection of unincorporated properties to the City of San Bernardino's sewage system be adopted. cc: Fred \Jilson Bernie Kersey Jim Pennan a~ Contact person: Rocer G. Hardarave Phone: 5025 Supporting data attached: Staff Reoort & policv Ward: All FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) (Acct. DescriPtion) Finance: Council Notes: Continued to t/f 10;1/97 r/JIICJ7 "':->-0:>6:> Agenda Item No. :10 CITY.' OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Section 56133 of the Government Code requires approval, by the Local Agency Formation Commission (LAFCO) for connection of any unincorporated property to a city's water or sewage system. Any owner desiring to connect must submit an application to LAFCO, and pay the prescribed fee of about $2,600.00. The review and approval process is very similar to the one for annexation. Upon receipt of any such application, LAFCO will forward it to the servicing City for concurrence. The Cities of Montclair and Fonatna have developed Irrevocable Agreements for Annexation, which property owners must sign before concurrence is given to LAFCO. This agreement provides that the owner applying for connection to a City's water and/or sewage system grants an irrevocable consent to annex, in return for being allowed to connect. The proposed owner applying for Irrevocable Agreement be in compliance with policy provides that any County property permission to connect must execute the to Annex. Also, that all development will the City's General Plan. Applicants will pay the same fees as City property owners, plus a $1,000 fee for administrative costs incurred. Adoption of this policy will allow properties to connect to the City's water and/or without losing the incentive for annexation. unincorporated sewage system, We recommend that the policy be adopted. 07-15-97 75.0264 ." POLICY RELATIVE TO CONNECTION OF UNINCORPORATED-PROPERTIES TO THE CITY OF SAN BERNARDINO SEWAGE SYSTEM PURPOSE: To establish a policy regulating the connection of parcels under the County's jurisdiction to the City's sewage systen. AUTHORITY: 1. Resolution No. 83-279 outside the incorporated sewer services, subj ect agreement. Provides that users located territory of the City may receive to execution of a standard form 2. Resolution No. 89-510 - - Estab~ishes a connection fee for an application to connect any property located outside the corporate limits to the City public sewer, in the amount of $1,000.00 to recover the extra adninistrative cost. 3. Section 56133 of the Government Code -- Requires approval by the Local Agency Fornation Commission for connection of a parcel wi thin the County to a City I S sewage or water system. BACKGROUND: A policy was adopted by Resolution No. 83-279 for the provision of sewer services to users located outside the City. The City's Director of Public Works/City Engineer was authorized to execute a standard form agreenent with any prospective users, subject to verification by the Board of Water Commissioners, that sufficient sewer plant capacity was available. A copy of this standard form agreement is attached for reference. Section 56133 of the Governnent Code requires approval from the Local Agency Fornation Conrnission (LAFCO) for any County parcel to connect to a City's sewage or water system. The application fee for such approval is $2,600.00. LAFCO re- quires that the serving City indicate their concurrence with the request for connection, before accepting the fee and processing the application. For any developnent within an unincorporated island, the County requ~res that the applicant contact the City to ascertain if sewer service can be provided. This requirenent applies to existing single family residences wishing to replace a failed septic tank. In the event that sewer service is not available (due to the lack of a sewer main or refusal by the City to allow connection) the County will proceed to issue a pernit for a septic tank. One concern cities typically have in allowing properties outside their li~its to connect to their sewer system, is that the incentive for annexation is lost. Some cities have addressed this concern by requiring the owner of a C01.!nty parcel to enter into an Irrevocable Agreement for Annexation, in exchange for valuable consideration rendered nanely connection to the municipal sewage system. This Agreement would be recorded and become a covenant for future owners. These Agreements can be held until a majority within a certain area is received, and then submit an application for annexa- tion. POLICY: It is the policy of the City of San Bernardino to allow connec- tion of County parcels to the City I S sewage system, subject to all of the following: 1. Property is within the City's Zone of Influence. 2. Approval by the Local Agency Formation Commission. 3. Verification by the Board of Water Commissioners that sufficient wastewater treatment plant capacity is available. 4. Compliance with the land use established by the City's General Plan. 5. Execution by Annexation. the owner of an Irrevocable (Copy is attached for reference) Agreement for 6. Conpliance construction facilities. with of all sewer applicable lateral City rnair-.s StClndards for and appurtenant 7. Payment of all established fees for - a. Sewer Plant Capacity b. Sewer Line Connection c. Public Works Permit 8. Payment of an additional connection fee in the amount of $1,000 to compensate the City for extra administrative costs incurred. - 2 - IRREVOCABLE AGREEMENT TO ANNEX THIS AGREEl1ENT, is entered into this day,. of 199 ; by and between ;--hereinafter referred to as "OWNER," and the City of San Bernardino, a municipal corporation, hereafter referred to as "CITY." WITNESSETH: WHEREAS, OWNER holds parcel(s), located at ti tle to the unincorporated , California, and parcells) is(are) further described as follows: Assessor's Parcel Nunber(s) ; and WHEREAS, this (these) parcells) is (are) within the Zone of Influence of CITY; and WHEREAS, Om~ER desires to obtain sewer service for said parcel (s); and WHEREAS, sewer service could be provided to said parcells) by connecting to the CITY's sewage system; and vIHEREAS, CITY's sewage system and wastewater treatment plant have sufficient capacity to convey and treat the sewage generated by said parcells); and vIHEREAS, CITY is willing to allow connection of this (these) unincorporated parcells) to its sewage system, due to the expectation that said parcel (s) will be annexed to the City of San Bernardino at sone future date, due to the fact that the parcells) is (are) within CITY's Zone of Influence. WHEREAS, the covenants and conditions set forth herein shall create an equitable servitude npon the parcel(s), and shall be fully binding upon OWNER's heirs, sucessors and assigns. NOW, THEREFORE, the parties hereto agree as follows: EXHIBIT "A" ,_.~ SECTION ONE: OWNER Agrees - - a. To grant irrevocable consent to annex to the City of San Bernardino at such time as the annexation May be properly approved through appropriate legal proceedings, and owner does further agree to provide all reasonable cooperation and assistance to the CITY in the annexation proceedings. Said cooperation is contemplated to include signing any applications of consent prepared by the CITY, and subl'li tting any evidence reasonably wi thin the control of OWNER to the various hearings required for the annexation. Said cooperation does not include, however, any obligation on behalf of OWNER to institute any litigation of judicial proceeding whatsoever to force the annexation to the City of San Bernardino. b. To pay such annexation fees and costs and other Municipal charges as would ordinarily be charged in the annexation of property to the CITY. Said fees shall be payable when the same becoMes due and payable. (In some circumstances, these fees may be borne by CITY.) c. To pay all fees and charges and make all deposits required by CITY to connect to and use the sewer, and further agrees to be bound by all CITY ordinances, rules and regulations respecting the sewage system. d. To acknowledge that execution of this Irrevocable Agreement to Annex is on behalf of all future heirs, successors and assigns; and that said Agreement shall be irrevocable without written consent of CITY. e. To comply with Section 13.32.080, "Unlawful Discharges" of the San Bernardino Municipal Code relating to discharge of materials into CITY's sewage systen. f. Cor.unission, to CITY's GovernMent To Make application to the and pay all applicable fees, sewage system, pursuant to Code. Local Agency Fomation for approval to connect Section 56133 of the g. Connection conditions maintained. To execute and Service) under which a standard form Agreement (Sewer with CITY stipulating the terms and the connection shall be made and * * * SECTION TWO: CITY Agrees -- a. connect to payment of To allow OWNER's parcel(s), described herinbefore, to the City of San Bernardino's sewage system, subject to all applicable fees and permits. - 2 - ". * * * SECTION THREE: Be it Mutually Agreed, as follows: a. City Clerk for CITY shall record this Agreenent with the County Recorder. b. The benefit to the subject parcel (s) will inure to the benefit of subsequent owners, their heirs, successors, and assigns, and the agreements, conditions, and covenants contained herein shall be binding upon them and upon the land. c. The approval granted to connect said parcel (s) to City's sewage is contingent upon OWNER securing approval fron the Local Agency Formation Cororoission. / / / / / / / / / / / / / / / / - 3 - r ~ IRREVOCABLE AGREEMENT TO ANNEX: IN WITNESS WHEREOF r agree~ent to be executed by duly authorized. the parties hereto have caused this their respective officials thereunto OWNER CITY OF SAN BERNARDINO By By Mayor ATTEST: City Clerk Approved as to for~ and legal content: Ja~es F. Penman City Attorney By - 4 -