SR 05:159 - Laserfiche WebLink

Honorable Mayor and Members of the City Council: BACKGROUND Ms. Linda Arnold had requested City sewer service to serve her existing residence located at 3469 Bernal Avenue, located within the Remen Tract outside the City limits, as shown on Exhibit "A." The existing septic system serving this parcel had failed, resulting in sewage backing up in the house. Under these circumstances, City staff allowed an emergency connection to the City sewer system in order to remedy this immediate health hazard. The property owner installed a sewer lateral to the existing sewer main on Bemal Avenue. Alameda County, Department of Environmental Health, restricts repairs or installation of septic systems when a sanitary sewer main is within 200 feet of the property. Under normal circumstances, when a property outside the City limits requests City services, City staff presents the request to the City Council for their consideration. However, under these circumstances, staff believed immediate action was warranted, and allowed the property owner to connect to the City sewer system. The property owner has signed the attached Preannexation agreement with the understanding that City Council must formally approve this sewer connection in order to ratify staff's approval. Preannexation and Provisions of Sanitary Sewer Agreement Historically, when an owner of a property located outside the City limits requests sewer service, the City has granted such request only after determining that the use on the property to be serviced is consistent with the City's General Plan and after receiving assurances that the property owner will enter into a preannexation agreement. This agreement allows the owner to connect to the City's sewer system prior to the property being annexed to the City, providing the following requirements are met: The property owner agrees to (a) pay the sewer connection fee, (b) pay all costs associated with the connection to and use of the sewer system, (c) abandon the existing septic system on the property, (d) pay all City and County processing fees for LAFCo approval, and (e) support any subsequent annexation initiative that may occur in the future that includes this property. LAFCo Effective January 1, 1994, the Government Code was amended to require a City that wishes to provide utility service beyond its jurisdictional boundary to obtain approval from the County Local Agency Formation Commission (LAFCo). This legislation was sponsored by the San Diego County LAFCo, because it felt that the cities and districts in the County were extending their utility services without involving LAFCo. Consequently, if sanitary sewer service is to be SR:05:159 Page 2 of 3