ADMINISTRATIVf. REPORT

CITY OFVENTURA
ADMINISTRATIVf. REPORT
Date:
Agenda Item No.:
Council Action Date:
October 10,2011
4
October 17, 2011
To:
RICK COLE, CITY MANAGER
From:
SHANA EPSTEIN, VENTURA WATER GENERAL MANAGER
Subject:
WATER SERVICE AGREEMENT WITH THE COUNTY OF VENTURA FOR
SATICOY PARK
RECOMMENDATIONS
It is recommended that City Council authorize the City Manager to execute a Water Service
Agreement with the County of Ventura in lieu of annexation for purposes of providing water
for fire protection at the proposed building to be constructed at Saticoy Park for the Saticoy
Boys and Girls Club.
PREVIOUS COUNCIL ACTION
No previous Council action.
SUMMARY
The County of Ventura owns and operates a park located in the Saticoy neighborhood in
the unincorporated territory of the County of Ventura (see attached vicinity map). The site
also includes a modular building that is used by the Saticoy Boys and Girls Club. The
Saticoy Boys and Girls Club are proposing to build a new permanent building to replace the
existing modular building.
The City of Ventura currently serves water to both the County Park and the modular
building through a 2-inch domestic water meter. To meet code requirements, Ventura
County Fire Protection District has determined that a separate fire line is required to
provide fire protection to the new building. Per City Ordinance, a water service agreement
is required between the City and the property owner to provide water service to parcels
located outside the City limits.
1
Administrative Report
October 10, 2011
Page 2
The attached water service agreement with the County will allow the County to connect to
the City's water system for purposes of providing fire protection to the proposed Saticoy
Boys and Girls Club building.
DISCUSSION
The City has established policies for serving water outside the City limits in order to assure
that unreasonable demands on City supply are avoided (City Ordinance No. 22.110.055
and Administrative Policy and Procedure No. 30.1).
The water service serving the County Park became part of City's water system when the
City purchased the Saticoy Water Company's water system in 1968. Since the service
existed prior to the City purchasing the Saticoy Water Company, a water service
agreement does not exist. The new building and the Park will continue to be served from
the existing 2-inch domestic water meter. The Ventura County Fire Protection District
requires a separate water connection to provide fire protection to the new building. This
water service agreement will bring the property into compliance with the existing City
Ordinance and will allow the additional required fire line service connection for the
proposed building.
Any water service agreement to provide water outside City boundaries requires approval by
the Ventura Local Agency Formation Commission (LAFCO). LAFCO's policy is to require
annexation in lieu of a water service agreement whenever possible. Although it is possible
for the property to be annexed because it is adjacent to the existing City boundary, LAFCO
staff believes that annexation of a County park to a city could result in potential
jurisdictional confusion on the part of emergency service providers and the public. Ventura
Water staff is recommending that a water service agreement for the proposed project be
considered in lieu of annexation based on the fact that existing domestic water service
exists for the parcel and the temporary building is being replaced with a permanent
structure for the same use. It is anticipated that LAFCO staff will accept an application for
approval of the water service agreement from the City and will take it to their Commission
for approval with a recommendation that LAFCO waive their policy preference for
annexation based on City approval. LAFCO staff is tentatively scheduled to present this
WSA to their Commission at their regular meeting on November 16,2011.
CITIZEN ADVISORY GROUP REVIEW
Since this is a County of Ventura project, any citizen advisory group review would be
coordinated by the County.
2
Administrative Report
October 10,2011
Page 3
PUBLIC COMMUNICATIONS I PUBLIC ENGAGEMENT
This project is within the unincorporated territory of the County of Ventura and is being
coordinated by the County of Ventura Planning Division. Ventura Water has been working
with the consultant representing the Saticoy Boys and Girls Club, the CEO of the Saticoy
Boys and Girls Club, County Planning Staff, Ventura County Fire Protection District Staff
and LAFCO staff.
FISCAL IMPACTS
There will be no fiscal impacts to the City as a result of this project. Fees associated with
this agreement are waived.
ALTERNATIVES
This water service agreement is required in lieu of annexation per City policy for
extraterritorial water service. Since the City currently provides domestic water service to the
property and no change to the domestic service is proposed, the addition of this fire line will
not have an impact on the City's domestic water supply.
As an alternative, City Council could choose not to approve the agreement and, instead,
direct staff to amend City Ordinance No. 22.110.055 to allow the City Manager the
authority to exempt property owned by the County from being required to enter into an
Extraterritorial Water Service Agreement if it is determined by City staff that modifications
to the water system required to serve the County property would not have a significant
impact on the City's water system. This would avoid the extra step of having to go to
LAFCO.
Prepared by Susan Rungren, Principal Engineer
For
eneral Manager
3
Administrative Report
October 10,2011
Page 4
Reviewed as to fiscal impacts
COUNCIL
ATTACHMENTS
A
B
Vicinity Map
Water Service Agreement
4
VICINITY MAP
SATICOY BOYS & GIRLS CLUB
This map is a product of the City of San Buenaventura, California.
Although reasonable efforts have been made to ensure the accuracy of this map, the City of San Buenaventura cannot gUarantee its accuracy.
1" = 400'
5
THIS PAGE INTENTIONALLY LEFT BLANK.
6
AGREEMENT
FOR EXTRATERRITORIAL
SERVICE
BETWEEN
THE
CITY OF SAN BUENAVENTURA
AND
COUNTY OF VENTURA
(APN # 090..0.. 101 ...015)
This Agreement is made and executed on the dates set forth below by
and between the City of San Buenaventura, a municipal corporation of the state
of California (hereinafter the "City"), and the County of Ventura, the owner of
certain property located in the unincorporated territory of the county of Ventura
(hereinafter "Owner")
Whereas, Owner owns the property located in the unincorporated territory
of the county of Ventura that is described and depicted in the vicinity map and
legal description attached hereto marked Exhibits "A" and "B" by this reference
incorporated herein (hereinafter "the Property"); and,
Whereas, the Property is currently improved with a County Park and a
modular building, approximately 1,200 square feet in size. The modular building
is used by the Boys and Girls Club of Ventura. The Boys and Girls Club is
proposing to improve the Property by removing the modular building and
constructing a new permanent building, approximateJy 4,000 sqare feet in size,
on the Property (hereinafter lithe Property Improvementsl!); and,
Whereas, Owner has applied to City for authorization to connect the
Property Improvements to the potable water system that is owned and operated
by City for the benefit of property located within the incorporated territory of the
City: and,
Whereas, the City currently serves and will continue to serve domestic
to this property through a 2-inch domestic meter. This water service was
installed prior to the City's purchase of the Saticoy Water Company in 1968.
Thus, the City's Code requirement that restricts the domestic water meters
located outside City limits to no larger than 3/4-inches does not apply to this
Property; and,
Whereas, the proposed permanent building will require a separate fireline
for fire protection; and,
Page 1 of 7
7
Whereas, in· accordance with the extraterritorial water service policy set
forth in chapter 22.110 of the San Buenaventura Municipal Code (hereinafter
"the Code"), City is authorized to provide potable water service to property
located outside of the incorporated territory of the City only where the property is
or will be used in a manner that conforms to the water service criteria set forth
therein; and,
Whereas, City has determined that Owner's use of the Property for the
Property Improvements described herein conforms to the extraterritorial water
service criteria set forth in the Code in that:
..
The use is a low water consuming commercial or industrial use that:
Meets the zoning and land use reqUirements of the County of
Ventura;
Does not require a land division of 5 or more parcels regardless
of whether the land division is accomplished by a subdivision map
or parcel map;
C.
Does not conflict with the City's land use, open space, phasing,
hillside, flood plain, or other related land use policies, and does not
include irrigated agricultural cultivation; and,
Does not require extending the City's water distribution mains and
does not require a water meter larger than 3/4",
and;
Whereas, by this Agreement, Owner undertakes to comply with all other
requirements and agrees to alJ other covenants provided for in the Code and
other policies of the City that constitute further conditions on the provision of city
water service to property located outside of the incorporated territory of the City.
Now, therefore, City agrees to provide potable water service to the
Property, and Owner agrees to accept potable water service on the Property
subject to all of the conditions set forth herein:
Owner's Use of Water
The city water service provided pursuant to this Agreement shall be used
on the Property for the Property Improvements described herein and for no other
purpose.
In the event the Property Improvements as described herein consist of
one or more residential dwelling units, Owner shall not expand such use by
Page 2 of 7
8
the city
determined
policy
has
water
to the new dwelling units in writing.
In the event the Property Improvements as described herein consist of a
commercial or industrial
Owner shall not change such use to a
use
that
connected to
City water system, unless the Ventura Water General
Manager has determined that such new use complies with City's extraterritorial
water policy and has approved water connections to the new use in writing.
Water Main Extensions and Other Public .Facilities
Connection of the Property Improvements to the city water system shall be
made in conformance with the applicable plumbing standards set forth in chapter
12.120 of the Code, and in accordance with any other city policies or
requirements applicable thereto. In the event a water main extension (m-ay be
approved for property located within the North Avenue Community) or other
public facilities are required in order to connect the Property Improvements to the
city water system, Owner shaH cause such main extension or other facilities to be
constructed and installed at Owner's sole cost and expense, and in accordance
with plans and specifications approved by the Ventura Water General Manager.
3.
Water Meter and Fixture Requirements
The size of the water supply system for the Property and Property
Improvements shall not exceed the size of a system that can be connected to
and metered by a 2" water meter. In addition, all plumbing fixtures connected to
the water supply system shall comply with the water conservation requirements
set forth in Section 402 of the Uniform Plumbing Code, adopted by reference and
incorporated into the Code by Chapter 12.120 of the Code. The separate fireline
and on-site fire protection system shall be designed and constructed in
accordance with Ventura County Fire Protection District requirements.
Water Connection Fees and Water Service Fees
Concurrently with the execution of this Agreement, Owner will pay to City
any and all, connection fees required by the provisions of Division 22 of the Code
at the time of initially connecting the property to the city water system.
In addition, at all times that the Property and/or Property Improvements
remain connected to the city water system, Owner will pay to City all bi-monthly
or other periodic rates and charges for on-going water service required by
Division 22 of the Code, or any other duly adopted ordinance or regulation of the
City.
Page 3 of 7
9
Additional Conditions of Water Service
Owner
with
now or hereafter
adopted by
bearing on the provision of potable water to property and
improvements connected to city water system, specifically including, but not
limited to, the
wide regulations adopted in Division 22 of
Code.
In
Owner
that the water service provided pursuant to this
Agreement is being provided on an Has-available" basis. Owner understands that
in a time of water shortages, City will be entitled to reduce or even interrupt such
water
all as determined by City in its sole discretion.
Water service to said property is conditioned on the approval by the
Ventura County Local Agency Formation (hereinafter tAFCO) in the manner
required by Section 56133 of the California Government Code.
6.
Annexation of the Property to the City
In the event that the City, the County, and LAFCO agree that annexation
is appropriate at any pOint in the future and meets all other statutory standards
required to annex the Property to the incorporated territory of City, Owner will
commence proceedings before City and LAFCO that are necessary to annex the
Property to the incorporated territory of City. Upon commencement of such
proceedings, Owner will cooperate with City and LAFCO in carrying out the
annexation proceedings, and will pay all of City and LAFCO's fees or costs as
indicated in Section 22.110.055 (8) (5) of the Code associated with the
proceedings.
In the event the Property becomes contiguous to the incorporated
boundaries of City subsequent to the date this Agreement is executed and meets
all other statutory standards required to annex the property to the incorporated
territory of City, Owner will not oppose nor protest any proceedings commenced
by City, either before City or LAFCO, to annex the Property to the incorporated
territory of City.
Owner understands and agrees that this Agreement, and the covenants
contained herein, is intended to be and shall act as a complete and irrevocable
waiver of all rights to protest annexation of the Property to the incorporated
territory of City pursuant to the provisions of the Cortese-Knox Local Government
Reorganization Act of 1985 (commencing with Section 56000 of the California
Government Code), or any other law of the state of California pertaining to city
annexation proceedings, whether or not such protest rights are sought to be
exercised as an owner of property that is the subject of annexation proceedings
or as a registered voter residing on property that is the subject of annexation
proceedings.
Owner also agrees that any lease, rental agreement or other agreement,
including a deed, hereafter executed by Owner, or any person succeeding to
Owner's interest in the fee title to the Property or any part thereof, that grants to a
natural person or persons the right to possess and occupy the Property or any
part thereof as a personal residence, shall contain the following covenant:
Page 4 of 7
10
Do~;se~)s
and "'"'v,,.,"" ....
be '..","'-'IVVL
to the provisions of
Extraterritorial Water
Agreement that was
and recorded against this property at the time of and as a
of connecting the property to the water system owned and
by the city of
Buenaventura. That agreement contains a
I'\,.u·.... 1'"\I,...+,...
of any
right to protest annexation of
the property
or rented pursuant
this agreement to the
incorporated territory of the
Buenaventura, and is binding on all
persons possessing or occupying such property. That Agreement will
preclude any person possessing and occupying the property leased or
rented pursuant to this agreement from protesting annexation of such
property to the incorporated territory of the city of San Buenaventura either
before the Ventura Local Agency Formation CommisSion, the city council
of the city of San Buenaventura, or in any other manner authorized by the
Jaws of the state of California pertaining to city annexation proceedings,"
nrnnnrTH
leaSE~O
or
Violations
In the event city water service is being utilized on the Property or for the
Property Improvements in violation of the provisions of this Agreement, including
any condition on the provision of water service to the Property or the Property
Improvements incorporated by reference into this Agreement, City shall cauSe
notice of the violation to be served on the Owner, the person(s) succeeding to
Owner's interest in the Property or that portion of the Property in violation of this
Agreement, or the occupant(s) of the Property or portion of the Property in
violation of this Agreement.
The notice of violation shall be served by first class mail addressed to
such person(s) at their last know address, as evidenced by the mailing address
of the last paid city water service bill. The notice shall describe the nature of the
violation and provide such person(s) with at least 15 days from the date of the
notice to cure the violation.
In the event, such person(s) fails to cure the default within the time set
forth in the notice of violation, the Ventura Water General Manager shall
discontinue water service to the Property or portion of the Property in violation of
provisions of this Agreement without further notice until such time as the
violation has been cured.
A waiver by City of a violation of any provision of this Agreement shall not
be deemed a waiver of any subsequent violation of the same or a similar
provision, regardJess of whether the violation is of the same or a simitar
character.
Page 5 of 7
11
Agreement Recordation / Covenant Running with the Land
this Agreement
against
Property and
will run
the Property and each part
thereof until terminated in the manner provided herein, and shall be binding on all
persons or
entities
to Owner's interest in and to the Property or
any part
9.
Agreement Termination
This Agreement and all of Owner's rights to city water service pursuant to
the provisions of this Agreement shall terminate in the event a building permit
authorizing construction of the Property Improvements has not been issued
within one year following the date of this Agreement, or if a building permit issued
for the Property Improvements has expired by reason of the fact that Owner has
not diligently proceeded with construction of the improvements authorized by the
permit or any extension thereof.
In addition, this Agreement and all of owner's duties and obligations
hereunder shall terminate upon annexation of the Property to the incorporated
territory of City, in that at such time, Owner shall become entitled to receive city
water service on the Property subject to the same terms and conditions as any
other owner of property located within the incorporated "territory of City.
10.
Entire Agreement
This Agreement represents the entire agreement between City and Owner
regarding the provision of city water service to the Property and/or Property
Improvements. No verbal agreement or representation regarding this Agreement
or city water service provided pursuant to this Agreement shall be held to vary
the provisions of this Agreement.
Representations and Warranty of Capacity and Authority
The individual who has executed this Agreement on behalf of Owner
represents and warrants that Owner is a political subdivision organized and
existing under the laws of the State of Caflfornia, and that the person who has
this Agreement on behalf of Owner has been duly authorized to
execute this Agreement on behalf of Owner, has the authority to bind Owner
this Agreement, and by executing this Agreement has bound Owner to this
Agreement.
Indemnity
The applicant agrees to defend, indemnify, hold harmless and release the
City of Ventura, its officers, employees, attorneys, or agents from any claim,
action or proceeding brought against any of them, the purpose of which is to
Page 6 of 7
12
attack, set aside, void or
City's action on the proposal
or on the environmental
support it. This indemnification
be limited to
costs, expenses, attorney
obligation shall include, but
by any person or entity,
fees, and expert witness fees that may be
including the applicant, arising out of or in connection with this agreement and
the City's LAFCO application.
In witness whereof, City and Owner have executed this Agreement in the
County of Ventura, State of California on the dates set forth below.
City Manager
APPROVED AS TO FORM
Ariel Calonne City Attorney
ATIEST
City Clerk
By
By
Ariel Caionne
City Attorney
OWNER**
Paul Grossgold
Director of GSA
County of Ventura
Notarized signature of City Manager
Notarized signatures of all persons holding an interest in fee title to the
Property
Page 7 of 7
13
Vicinity Map
Extraterritorial Water Service
Although reasonable efforts have
EXHIBIT A
(Page 1 of 1)
14
IIIII
IU Ilf~illlllll1ll11l1llll~
Ventura, Coun~y Recorder
RICHARD D. DEAN
DO'C- .200·f~0043551 .... 00
Request of
Acet
120...veNT... CJ ty
or'
BUfWUlventur",
Wedn_.day. MAR 14, 2001 09:34:23
county of Ventura
General Services Agency
Ttl Pd '$0.08
. Nbr-0000357174
IHE/C311-5
Return Original Document to:
Agency
County of Ventura
Attn.: Debbie Morrisset
PARCEL MAP WAIVER
(Merger)
Approval Date: June 1\ 2000
Parcel Map Waiver No, 1016
Assessor's Parcel No(s).: 090-0-101 ..01 0
Property Owner(s): County of Ventura
Location: 1080 Aster Street, Saticoy, County of Ventura
This waiver of the requirement for preparation of a Parcel Map pursuant to the Ventura
County Subdivision Ordinance, is hereby APPROVED. The resultant parcel is described
in Exhibit(s) uAll and "8",
AUTHORIZED BY:
Keith Turner, Director
Planning Division
County of Ventura
Nancy Butler Francis, Manager
Land Use Permits Section
September 26, 2011
Extraterritorial Water Service Agreement
EXHIBIT B
Page (1 of 3)
15
portions
Californial as
Blocks
5 and 6, in the unincorporated territory of the County of Ventura, State
on the map entitled "Railroad extension SubdiyfsJon, being a portion of Block
Paula y Saticoy of Satlcoy Land Company", and recorded in Book 11, Page 88 of Mis-
Rancho
Records (Maps) In the office of the County Recorder of said Countyf and those portions of
"8"
and Seventh Street, as abandoned per the document recorded In Book 576, Page 184 of Of..
fidal Records of Ventura County, described as fonows:
Beginning at the most easterly comer of Lot 11 of said Block 3; thence along the southeasterly boundary of said Block 3 and Its southwesterly prolongation,
South 54°Q3'OOII West 410.00 feet to the most southerly corner of Lot 8 of said Block 5; thence
along the southwesterly boundary of s~Id -Lot 8 and Its northwesterly prorongation,
2nd: - North 35°35'00" West 330.00 feet to the most westerly corner of Lot 8 of said Block 6; thence
along the northwe~terly boundary of said Block 6-and its northeasterly prolongation l
3rd:
North 54°03100" Easf410.. 00 feet to the most northerly corner
of lot 11 of said Block 4; thence
along the northeasterly bOf:jndary of said lot 11 and its southeasterly prolongation,
South 35°35 100'1 East 330.00 feet to the point of beginning.
EXHIBIT B
September 26,2011
Extraterritorial Water Servjce Agreement
Page (2 of 3)
16
~
V.CF..o.o.
TOTI\L. ~J 6.11 ~.
NQTEt ,6J..L STJl'(fET5 WITHIN
1"He SOUNDARY
A$
$HOWN
HAVE eeEN ABANDONED PEft!5*76 0Fit 164.
I rnc.h
:I
60 , . .t
EXHIBrr WB-
PARCEL MAP WAIVER No. JOUD
Ff<EP f':. G
US Seq. (l;XPI~ 6!60IOO)
PfU:P~ey,
v~~
MAIN 5~
seNNER 4
506
e.
SANTA Pi\ULA, CA ({6060
(eo5) 525-e~6
(VOLUNTARY MERGER)
PORTIONS OF BL..OGK5 e THROU6H 6 PEFit
" MR ee, AND PORTIONS OF ABANDONED
S~ AO.JOININ6
IN THe UNINc;,ORPOAA1'a' 1'1:RftITORY
OF THE COUNTY OF veN1"URA
STArt: OF CALIFORNIA
EXHIBIT B
September 26, 2011
Extraterritorial Water Service Agreement
Page (3 of 3)
17