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p .
- REQUEST FOR COUNCIL ACTION
File No. 3.01
. CITY OF SAN BERNARDINO
From:
ROGER G. HARDGRAVE
Subject: Adoption of Policy -- Connection
of Unincorporated Properties to
the City's Sewage Systen
Dept:
Public Works
Date:
07-15-97
r 0BJG/Hi11.
Synopsis 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 - RecoI'lI'lended for approval by Legislative Review Comnittee.
AUG 11 1997
Recommended motion:
That the policy relative to connection of unincorporated properties
to the City of San Bernardino's sewage systen be adopted.
cc: Fred ~vilson
Bernie Kersey
Jin Pennan
a~
Contact person: Roaer G. Hardarave
Phone:
5025
Supporting data attached: Staff Report & policv
Ward:
All
FUNDING REQUIREMENTS:
Amount:
N/A
Source: (Acct. No.)
(Acct. DescriPtion)
Council Notes:
Previously -
..Ja - 0"/1'8/17
Finance:
75-0262
Agenda Item Nt
-1i 3?
tJ1)n!17
Res 97- ;? 75
~ .
~ITY 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
CITY OF SAN BERNARDINO SEWAGE SYSTEM
---
THE
PURPOSE:
To establish a policy regulating the connection of parcels
under the County's jurisdiction to the City's sewage system.
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 - - Establishes 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 administrative cost.
3. Section 56133 of the Government Code -- Requires approval
by the Local Agency Formation Commission for connection of
a parcel wi thin the County to a City'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 agreement 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 Government Code requires approval from
the Local Agency Formation Commission (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 development within an unincorporated island, the
County requires that the applicant contact the City to
ascertain if sewer service can be provided. This requirement
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 permit 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. So~e cities have
addressed this concern by requiring the owner of a County
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 the owner of an Irrevocable Agreement for
Annexation. (Copy is attached for reference)
6.
Conpliance
construction
facilities.
with
of
all
sewer
applicable
lateral
City
mains
Standards for
and appurtenant
7. Pay~ent of all established fees for -
a. Sewer Plant Capacity
b. Sewer Line Connection
c. Public Works Permit
B. 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 AlINEX
THIS AGREEMENT, 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
parcells), located at
title
to the unincorporated
, California, and parcells)
is(are) further described as follows:
Assessor's Parcel NUI:lber (s)
; and
WHEREAS, this (these) parcells) is (are) within the Zone
of Influence of CITY; and
WHEREAS, OWNER desires to obtain sewer service for said
parcells); 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
WHEREAS, 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 some 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 upon the parcells), and shall
be fully binding upon OWNER's heirs, sucessors and assigns.
NOW, THEREFORE, the parties hereto agree as follows:
EXHIBIT -A-
.
,c
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 subMitting 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 circUr.lstances,
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,
Discharges" of the San Bernardino Municipal Code
discharge of Materials into CITY's sewage system.
"Unlawful
relating to
f.
Cor.unission,
to CITY's
GovernMent
To Make application to the
and pay all applicable fees,
sewage system, pursuant to
Code.
r~ocal Agency FOrMation
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 parcells), 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
assigns, and
herein shall
The benefit to the subject parcel (s) will inure to
of subsequent owners, their heirs, successors, and
the agreements, conditions, and covenants contained
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 Commission.
/ / / /
/ / / /
/ / / /
/ / / /
- 3 -
f,
.'
IRREVOCABLE AGREEMENT TO ANNEX:
IN WITNESS WHEREOF,
agreement 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 form
and legal content:
James F. Penman
City Attorney
By
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