HomeMy WebLinkAbout06/06/2000, C6 - AMENDMENT #4 TO CITY/COUNTY AGREEMENT FOR PROVIDING WATER AND SEWER SERVICE TO THE COUNTY AIRPORT council Ju e 6 2000
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CITYOF SAN LUIS OBISPO
FROM: John Moss,Utilities Directo
Prepared by: Dan Gilmore,Utilities En
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SUBJECT: AMENDMENT #4 TO CITY/COUNTY AGREEMENT FOR PROVIDING
WATER AND SEWER SERVICE TO THE COUNTY AIRPORT
CAO RECOMMENDATION:
Adopt a resolution approving Amendment #4 to the City/County Agreement for water and sewer
service to the airport, clarifying certain sections of the agreement, expanding the service area, and
transferring ownership and maintenance responsibilities of the Airport Lift Station from the County
to the City.
DISCUSSION
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On November 7, 1977, the City entered into an agreement with County for the provision of water
and sewer service to the County owned and operated airport facility. On April 26, 1988,
Amendment#1 was authorized, incorporating certain industrial waste and wastewater pretreatment
requirements. Amendment#2 to the agreement, expanding the service area and establishing water
consumption limits, was approved on July 19, 1988. Amendment #3 was approved on April 9,
1993, expanding the water service area to provide fire protection to new aircraft hangar facilities.
At the time this agreement was first established,water and sewer mains had to be extended from the
former City Limit Line to a point near the intersection of Fiero Lane and Broad Street This point is
vaguely described in the original agreement as the "Point of Service". Since that time, several
annexations have occurred,pushing the City Limit Line to the south,past Fiero Lane.
Current Amendment
Recent annexations of the Aero Drive and Fuller Road areas have resulted in applications to the
Community Development Department for development entitlements. A significant barrier to the
processing of these applications has been the time and cost required to extend water and sewer
service down Broad Street, from El Capitan to Aero Drive. Staff has delayed giving direction to the
developers' representatives pending completion of the Water and Wastewater Facility Master Plans
currently being prepared for the City.
The Draft Wastewater Master Plan Update indicates that the Airport Lift Station will ultimately be
relieved by gravity sewer facilities that will convey wastewater to a new regional lift station on
Tank Farm Road, nearest the South Higuera Street end. Until these facilities are constructed, the
existing County Airport Lift Station can effectively be utilized to serve the wastewater collection
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Council Agenda Report-Amendment#4 to City/County Agreement
Page 2
needs of the recent annexations in this part of town. As shown in Figures 1 and 2 (attached), the
Airport Lift Station and the water and sewer main extensions to Fiero Lane are in the proper
locations and have adequate capacities to expand City water and sewer service to these properties.
Transfer of ownership and maintenance responsibilities for the lift station will increase the
workload of Wastewater Collections staff. However, the transfer of ownership has many offsetting
benefits. The recommended transfer eliminates the need to construct redundant parallel facilities to
extend water and sewer service to properties within the new City limits. The recommended transfer
of ownership can occur relatively quickly,maintaining reasonable time frames for the processing of
the applications currently before the City.
The Airport Lift Station is located within an easement on the comer of Fiero Lane and Broad Street.
The Airport water meter is within the same easement, just a few feet away. Amendment #4 to
Agreement transfers ownership of the sewer lift station to the City and assigns rights to the
associated easement to the City, as well. The amendment also clarifies the"Point of Service"as the
customer side of the water meter for water service, and the manhole immediately upstream of the
lift station as the"Point of Service"for wastewater.
The County has indicated that it does not intend to have the County Airport property annexed to the
City. Current City policy prohibits the provision of water and sewer service to areas outside the
City Limit Line, except as specifically authorized by Council. The proposed amendment to the
Sewer and Water Agreement between the City and the County includes a revised exhibit that
identifies the additional areas of the County Airport property that will ultimately be provided with
water and sewer service. The revised exhibit is consistent with the County's Airport Master Plan,
dated November 1998. The proposed Amendment #4 will expand the service area at the County
Airport by approximately 37 acres. However, it does not modify the maximum water and
wastewater quantities identified in the existing agreement for water and sewer service to the County
Airport. Because of this, staff agrees with the provisions of the amendment, which call for the
payment of acreage fees for the expanded service area, consistent with the November 7, 1977
agreement. The amount of these fees is $1,000 per acre for water service, and$394.64 per acre for
the sewer lift station system on Broad Street. The total fee to be paid by the County for the
expanded service area is$51,601.68.
The proposed amendment also stipulates that the City will consider different or additional points of
connection to the City water and wastewater system, in order to accommodate improvements at the
Airport as identified in the County's adopted Airport Master Plan. Any such connections will be
subject to available capacity and compliance with standard City requirements for such connections.
Another provision of the proposed amendment reinforces the County's responsibility to meet any
water conservation requirements that may be generally imposed on a City-wide basis.
CONCURRENCES
County General Services staff is amenable to the transfer of ownership and clarifications contained
in the Amendment #4 to Agreement. They will be recommending approval of the amendment to
the Board of Supervisors at their regular meeting of June 6,2000.
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Figure 1
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ArIAcHM�ivT 1
RESOLUTION NO. (2000 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY
OF SAN LUIS OBISPO AMENDING THE CITY/COUNTY
AIRPORT SEWER AND WATER AGREEMENT
WHEREAS, the City of San Luis Obispo provides water and sewer service to the County
Airport under an existing agreement; and
WHEREAS, the County of San Luis Obispo owns and operates certain water and sewer
facilities that,under City ownership, could benefit areas recently annexed to the City; and
WHEREAS,the County desires to expand the water and sewer service area at the Airport,
in order to accommodate anticipated improvements consistent with the County adopted Airport
Master Plan; and
WHEREAS, portions of the City/County Airport Sewer and Water Agreement require
clarification relative to the point of service, limits of responsibility, and water conservation.
NOW, THEREFORE BE IT RESOLVED, the City adopts Amendment #4 to the
City/County Airport Sewer and Water Agreement, relating to the transfer of ownership of certain
water and sewer facilities, and accepts the ownership transfer, including responsibilities for
operation and maintenance of said facilities. Said amendment is attached hereto as Exhibit A.
On motion of and seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
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A Ti4CRiN4ENT I
The foregoing resolution was adopted this. . __ day of , 2000.
Mayor Allen Settle
APPROVED AS TO FORM- ATTEST:
J
. j :ge en, ity Attorney Lee Price, City Clerk
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AMENDMENT#4 TO SEWER AND WATER AGREEMENT BETWEEN
CITY OF SAN LUIS OBISPO AND COUNTY OF SAN LUIS OBISPO
This fourth Amendment to Agreement is entered into this day of , 2000,
between the City of San Luis Obispo, hereinafter called "CITY" and the County of San Luis
Obispo, hereinafter called"COUNTY".
RECITALS
WHEREAS, CITY owns and operates a water and wastewater system; and
WHEREAS, COUNTY currently utilizes this water and wastewater system for San Luis
Obispo County Airport pursuant to a Sewer and Water Agreement between CITY and COUNTY
dated November 7, 1977; and
WHEREAS, Sewer and Water Agreement between CITY and COUNTY was amended by
Amendment No. I on April 26, 1988, Amendment No. 2 on July 19, 1988, and Amendment No.
3 on April 9, 1993; and
WHEREAS, COUNTY currently owns, operates, and maintains water and wastewater
pipelines and related appurtenances, which serve the County Airport from a point of connection
to the City's system, located at the comer of Fiero Lane and Broad Street; and
WHEREAS, COUNTY currently owns, operates, and maintains a sewer lift station at the
comer of Fiero Lane and Broad Street, which currently serves only the County Airport and
airport related activities; and
WHEREAS,the COUNTY lift station is in an appropriate location, at a proper depth, and has
adequate available capacity to serve properties recently annexed to the CITY, as well as other
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A-MAC_NNeNr Z
properties within the CITY's Urban Reserve Line, if and when such other properties are annexed
into the City of San Luis Obispo; and
WHEREAS, sections of the Sewer and Water Agreement require clarification, relating to the
limits of CITY and COUNTY responsibility for ownership and maintenance of the water and
sewer facilities; and
WHEREAS, the County Airport is financed, in part, with funds granted from the Federal
Aviation Administration (FAA) and must abide by the terms and conditions specified in the grant
assurances including assets transferred from the Airport; and
WHEREAS, the CITY desires to acquire the sewer lift station from the COUNTY in order to
facilitate the provision of services to recent and proposed annexations in the Airport area; and
WHEREAS, it is in the best interest of the COUNTY to transfer the sewer lift station to the
CITY, thereby relieving the COUNTY of certain on-going operation and maintenance
requirements relative to the operation of the sewer lift station; and
WHEREAS, the County Airport in its recently approved Airport Master Plan has identified
areas of development not currently reflected in the current Water and Wastewater Service Area
and the COUNTY desires to expand the area of water and wastewater service at the County
Airport; and
WHEREAS, the expansion of the Water and Wastewater Service Area is expressly limited to
facilitate utility services to only those airport facilities directly related to airport operations as set
forth in Paragraph 5 of the November 7, 1977 Agreement.
NOW THEREFORE, in consideration of the following terms and conditions, CITY and
COUNTY agree to add or amend various sections of the Sewer and Water Agreement, as
follows:
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1. (Under "CITY AGREES TO:") Paragraph I is amended to include the
following: "The CITY will consider different or additional points of connection to the CITY
water and wastewater systems, as they exist now or in the future, subject to available capacity
and other requirements and restrictions that may exist at the time such connection is requested by
the COUNTY. Impact Fees will not be charged for connections that serve only areas for which
"acreage fees" have been paid, and for which no' additional allocation or entitlement is
requested."
2. (Under "CITY AGREES TO:") Paragraph 2 is amended to include a revised
Exhibit A, which contains an additional area of water and sewer service. A copy of the revised
exhibit, entitled"Exhibit A - Revised May 1, 2000", is attached hereto and incorporated herein.
3. (Under "CITY AGREES TO:") Paragraph 6 is added to read as follows:
"Acceptance of Assignment CITY hereby agrees to accept assignment and transfer of ownership,
and the responsibility for the operation, maintenance, repair and replacement of the sewer lift
station located at the comer of Fiero Lane and Broad Street, from the COUNTY to the CITY.
CITY shall own, operate, and maintain the sewer lift station, force-main, and the short length of
gravity sewer, from the lift station to the first upstream manhole, for the benefit of the County
Airport and other properties within the CITY limits. The CITY shall provide adequate capacity
in the CITY's wastewater system to meet the wastewater collection needs of the County Airport,
as provided in Paragraph 10 and Paragraph 11 of the November 7, 1977 Agreement, as
amended."
4. (Under "COUNTY AGREES TO:") Paragraph 5 is amended to include the
revised Exhibit A, dated May 1, 2000, which contains approximately seventy-six (76+/-) acres.
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ATTAC.0MENT Z
5. (Under "COUNTY AGREES TO:") Paragraph 6 is amended to identify the
limit of COUNTY responsibility for ownership, operation, maintenance, repair and replacement
of sewer facilities as the connection to the manhole in Fiero Lane, immediately upstream of the
lift station, located near the intersection of Fiero Lane and Broad Street. The limit of COUNTY
responsibility for ownership, operation, maintenance, repair and replacement of water facilities
shall be the customer side of the water meter that serves the County Airport.
6. (Under "COUNTY AGREES TO:") Paragraph 7 is amended to include the
revised Exhibit A, entitled Exhibit A — May 1, 2000. Paragraph 7 is also amended to add:
"COUNTY's obligation to reimburse the CITY for CITY's capital investments for the
"Additional Service Area" shown on the revised Exhibit A shall arise at such times as portions of
the Additional Service Area are developed or by September 1, 2001, whichever is sooner,
provided that the COUNTY shall not be required to make payments on COUNTY's said
obligation to the CITY until and after July 1, 2001. For the additional service area identified in
this amendment, the reimbursement to CITY for capital investments shall be in the amounts
specified in the November 7, 1977 Agreement."
7. (Under "COUNTY AGREES TO:") Paragraph 8 is amended to more clearly
define the "Point of Service" for wastewater collection as the manhole located in Fiero Lane,
immediately upstream from the lift station near the intersection of Fiero Lane and Broad Street,
and the "Point of Service" for domestic water as the customer side of the water meter serving the
County Airport in the same general location.
8. (Under"COUNTY AGREES TO:") Paragraph 11 is amended to add: "The
COUNTY shall be subject to all water conservation rules and regulations of the CITY which are
generally imposed on a city-wide basis. CITY shall recognize and accommodate the COUNTY's
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expanded terminal project and any other new development at the Airport in the event that CITY
bases its water conservation rules and regulations on the concept of historic use."
9. (Under "COUNTY AGREES TO:") Paragraph 14 is added as follows:
"Assignment of Sewer Lift Station COUNTY hereby assigns and transfers to CITY the
ownership, operation, maintenance, repair and replacement responsibilities for the sewer lift
station, force main, and the short reach of gravity sewer between the lift station and the first
upstream manhole (including the manhole), the lift station and portions of the sewer pipes being
situated in and on Parcel A, described in Exhibit A of the GRANT OF EASEMENT AND
RIGHT OF ENTRY filed at Page 161 of Volume 2188 of Official Records of the County of San
Luis Obispo, California; said lift station located at the northwesterly comer of Fiero Lane and
Broad Street. The CITY hereby accepts said assignment and the CITY shall own, operate,
maintain, repair and replace the sewer lift station, force-main, and aforementioned gravity sewer
and manhole for the benefit of the County Airport and other properties within the CITY limits,
which may include future annexations. COUNTY hereby also assigns to the CITY, for the term
of this agreement,the right to enter upon said Parcel A and use Parcel A for any and all purposes
necessary or convenient to the operation, maintenance, repair and replacement of the Sewer Lift
Station, force main, and gravity sewer situated on and in said Parcel A."
All other terms and conditions of the Sewer and Water Agreement dated November 7, 1977,
as amended, shall remain in full force and effect.
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IN WITNESS THEREOF, the parties hereto have executed this Fourth Amendment to
Agreement on the date shown above.
COUNTY OF SAN LUIS OBISPO CITY OF SAN LUIS OBISPO
By. By:
Chairperson Peg Pinard Mayor Allen Settle
Authorized by Board action on
2000
ATTEST: ATTEST:
County Clerk City Clerk
By: By:
Lee Price
APPROVED AS TO FORM AND LEGAL APPROVED AS TO FORM:
EFFECT:
County Counsel City Attorney
By BWrz-Aff= Allf
J ori ns
Dated: Dated:
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