1991-0801_MOULTON NIGUEL WATER DISTRICT_Sewer Service Agreementr
SEWER SERVICE AGREEMENT BETWEEN MOULTON
NIGUEL WATER DISTRICT AND CITY OF SAN JUAN
CAPISTRANO FOR PARCEL NO.4 OF PARCEL MAP
NO. 85-154 WITHIN IMPROVEMENT DISTRICT NO. 7
OF MOULTON NIGUEL WATER DISTRICT
THIS AGREEMENT is made and entered into this / day
of , 1991, by and between the MOULTON NIGUEL WATER DISTRICT,
hereinafter referred to as "MNWD", a California water district formed under and
pursuant to Division 13, Section 34000 et seq. of the Water Code of the State of
California, and the CITY OF SAN JUAN CAPISTRANO, a municipal corporation of the
State of California hereinafter referred to as "CITY"
RECITALS
A. Property owners of the real property within Parcel Map No. 85-128, more
particularly described as Assessor's Parcel No. 121-090-18 as shown on the County of
Orange 1990/1991 Assessor's Roll, hereinafter referred to as the "Property", are
developing the Property for residential purposes. The Property is located within the
service boundaries of Improvement District No. 7 of MNWD. A map depicting the
Property is attached as Exhibit "A" to this Agreement and incorporated herein.
B. MNWD will provide water service to the Property, but will require property
owners of the Property to construct a sewer pump station in order to provide sewer
service to the Property.
C. CITY has a sewer line adjacent to the boundary of the Property which can
transport wastewater from the Property to CITY's sewage treatment facilities by the use
of gravity flow for such transmission.
NOW, THEREFORE, in consideration of the mutual convenants and conditions herein
contained, the parties hereto agree as follows:
-1-
4
1. MNWD agrees to permit CITY to provide sewer service to the Property and
CITY agrees to provide sewer service to the Property.
2. Pursuant to providing sewer service to the Property, City shall be responsible
for collecting any sewer connection fees and user fees, and any other capital or service
charges or fees CITY chooses in its discretion to collect. MNWD shall have no
responsibility or obligation with respect to imposition or collection of fees or charges for
sewer service to the Property.
3. CITY agrees to indemnify and hold harmless MNWD and its directors, officers,
employees and agents from any and all claims, costs, liabilities or damages incurred by
MNWD, arising out of or resulting from or in connection with the provision of sewer
service to the Property by CITY. In the event any claim or legal action is asserted
against MNWD as a result of CITY's sewer service to the Property, CITY agrees that it
shall defend the interest of MNWD and shall be solely responsible for the payment of any
satisfaction or judgment, either by settlement or court ordered judgment.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed on the day and year first hereinabove written.
CITY O 5 N JUAN CA ISTR
By. (���
-KENNETH E. FRIESS, MAYOR
ATTEST:
CITY OF SAN JUAN CAPISTRANO
By: I • &1_0�
CHERYL JOHNS N, CITY CLERK 1
APPROVED AS TO FORM:
(tity t=�!5_
an Capistrano
By:
-2-
APPROVED AS TO FORM:
Bowie, Arneson, Kadi & Dixon - General
Counsel oulton Niguel Water District
By: / 1 4�1 &'
Patricia B. Giannone
-3-
6
A'LER, DISTRICT
X&R0errt/Vice President
Sctretary/Assistant Secretar
m
6. REPORT OF PARKS -,-"D RECREATION COMMISS CTIONS 920.20
The Report a d August 6, 1991? om the Director of
Community S ces, regarding act' taken at the meeting
of July 15 991, was ordered rec ved and filed.
7. REPORT 0 PLANNING COMMISSIO A IONS(440.491
The rt dated Au 6, 19 from the - Cir of
P1 in , regardi ctions taken a ng of July 23,
1, wa d received and filed.
8. APPROVAL OF PROPOSED SEWER SERVICES AGREEMENT BETWEEN THE
CITY AND MOULTON NIGUEL WATER DISTRICT - 31645 PEPPERTREE
Avmn tAnn_Fni
VJq
As set foirth in the Report dated August 6, 1991, from the
Director of Engineering and Building, the Sewer Service
Agreement between the City and the Moulton Niguel Water
District was approved to provide sewer service to the
property located outside the City limits at 31645 Peppertree
Bend, subject to the condition that Security Pacific National
Bank pay $12,626.13 in fees and charges which were incurred
by the City for involvement in the litigation and provision
of sewer service to the property.
As set /forth in the Report dated August 6, 1991, from the
Direc, 1vor of Engineering and Building, the following bonds
weto� authorized to be released for Tracts 12829 and 12830:
and Material
-4-
8/6/91
Tract No. Bond No.
$ Amount
Released
Perform Public
12829 6154415
$198,480
100%
Street Labor
6154415
198,480
100%
and Material
Perform Pulic
12830 6154418
$106,471
100%
Street Labo
6154418
106,471
100%
and Material
-4-
8/6/91
AGENDA ITEM
TO:
FROM:
SUBJECT:
SITUATION:
P
CONSENT CALENDAR
Stephen B. Julian, City Manager
William M. Huber, Director
Department of Engineering and Building
Sewer Service Agreement- 31645 Peppertree Bend
August 6, 1991
On July 2, 1991, Council reviewed a request from Security Pacific National Bank for
providing sewer service to property outside the City limits at 31645 Peppertree Bend and
directed staff to prepare a Sewer Service Agreement between the Moulton Niguel Water
District and the City of San Juan Capistrano. The Council approval of the request was
conditioned that the applicant pay all costs associated with the agreement, connection of
the home to the sewer system and reimbursements for costs incurred by the City as a
result of litigation.
The fees and costs that were established total $12,626.13 and should be paid prior to
execution of the Sewer Service Agreement by the City and Moulton Niguel Water
District. The Agreement follows an earlier agreements for similar sewer service issues
in the area. The Bank has agreed to the payment of the fees and costs as outlined in
previous Council action.
PUBLIC NOTIFICATION
None.
COMMISSION/BOARD REVIEW, RECOMMENDATION
Not applicable.
FINANCIAL CONSIDERATIONS
The payment of $12,626.13 in fees and charges will provide for recovery of the costs
incurred by the City for involvement in the litigation and provision of sewer service to
the property.
ALTERNATE ACTIONS
1. Approve Agreement
2. Do not approve Agreement.
FOR CRY COUNCIL AGEND�+." L?
AGENDA ITEM • •
tAugust 6, 1991
Page 2
RECOMMENDATION
Move approval of the Sewer Service Agreement between the City of San Juan Capistrano
and the Moulton Niguel Water District with condition of payment of recommended fees
and charges.
t�Respectfully submitted,
Willi�uber, P. E.
WMH:DM:cl
Attachments: 1. Sewer Service Agreement
2. Letter Moulton Niguel Water District, 4-3-91
April 3, 1991 Moulton Niguel Water
Security Pacific National Bank
27111 Camino de Estrella
Capistrano Beach, CA 92624
Attention: Dave Lipsett
Accounting Manager
Regarding: Improvement District 7
Residence at: 31645 Peppertree Bend, Laguna Niguel
Dear Mr. Lipsett:
This is a follow-up to our recent conversation regarding the water
and sewer service to the subject residence. Since the house is
located within our district, water and sewer service should be
provided by the Moulton Niguel Water District.
It is my understanding that the house is currently being serviced
• with water that is provided by our District, and that the sewer is
tied to the City of San Juan Capistrano's system. It is also my
understanding that you are inquiring as to the possibility of
installing a sewer lift station to pump the flow uphill to tie into
our system. We do not encourage this alternative for obvious
reasons - no other system would be better than the current
gravitational system. You should explore all of the avenues
available to you, aside from pumping, and the District is willing
to enter into a service agreement with the City of San Juan
Capistrano, if the City is willing to do so.
•
If you have any questions, please call me.
Sincerely,
MOULTON NIGUEL WATER DISTRICT
Carlo H. Habash
Director of Engineering
CHH: vg
cc: City of San Juan Capistrano
William Huber
a public agency at:
27500 La Paz Road, Laguna Niguel, CA 92656-3489
Mailing Address: P.O. Box 30203, Laguna Niguel, CA 92607-0203
714/643-2584 FAX 714/643-2489
Li
July 5, 1991
David Lipsett
27111 Camino de Estrella
Capistrano Beach, California 92624
Re: Sewer Service at 31645 Peppertree Bend
Dear Mr. Lipsett:
MEMBERSOF THE CITY COUNCIL
LAWRENCE F. SUCHHEIM
KENNETH E. FRIESS
GARY L. HAUSDORFER
GIL JONES
JEFF VASQUEZ
CITY MANAGER
STEPHEN B JULIAN
At their regular meeting held July 2, 1991, the City Council of the City of San
Juan Capistrano directed staff to proceed with amending the Settlement
Agreement and to prepare a Service Agreement between the City and the Moulton
Miguel Water District. Council concurred with providing sewer service to the
residence.
If you need any additional information, please let us know.
Very truly yours,
Cheryl Johnson
City Clerk
cc: Director of Engineering and Building
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171
0
July 5, 1991
JAN
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r
Wil- mlonro,nm
II�H�:.�o 1961
1776
David Lipsett
27111 Camino de Estrella
Capistrano Beach, California 92624
Re: Sewer Service at 31645 Peppertree Bend
Dear Mr. Lipsett:
MEMBERSOF THE CITY COUNCIL
LAWRENCE F. BUC HMCI
M
KENNETH E. FRIESS
GARY L. HAUSDORFER
GIL JONES
JEFF VASQUEZ
CITY MANAGER
STEPHEN B. JULIAN
At their regular meeting held July 2, 1991, the City Council of the City of San
Juan Capistrano directed staff to proceed with amending the Settlement
Agreement and to prepare a Service Agreement between the City and the Moulton
Niguel Water District. Council concurred with providing sewer service to the
residence.
If you need any additional information, please let us know.
Very truly yours,
Cheryl Johnson
City Clerk
cc: Director of Engineering and Building
32400 PASEO AOELANTO. SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171
` DIRECTO OF ADMINISTRATIVE BERVICE8
1. RESOLUTINFTRMI GES SESSMENT
D
STRICZ 7 3 0 S(245.801
W u ica on:
Repo t dated Jul 2, 199 , fr the Direc or qlt" Adminis a-
tivi forward' g e list of assessments t be
cha ed in As ssment ist ct 78-3.
O o 99 92 ssessmen
Z was mh d by Co ci man Buchheim, se$onded by Cc Gilman
J nes, tt the -oll ing Resoluti�e adopted c firming
t e 1991 2 as ssm t charges in heiamount of $ 4,520.50
f Ass sme Dis ict 78-3 (Ort a )roperties) f r forward-
in to h ax A essor:
SOLUTIO NO. 9 -7-X� 9 -92
S S NJ CHLARGES7
O EG RTIES 7/ A ROLUTION 1,6F TH CITY
COUNCI OF THE CITY OFi SAN JU CAP TRANO,
CALIF IA, CIFIRMING,,/ 1991 2 SESSMENT
CHAR S - ASSER$MENT DSTRI 78-ORTE
PRO RTIES
The o Carried by the fo�lo'ring vot Z
�y r
ES: Councilmen rT nes, Buchh im,
Vasquez,, end ayor Frie s
OES : Nord
n^'
A NM--Councilman Hausdorfer
DIRECTOR OF ENGINEERING AND BUILDING BERVICE8
1. APPAL OF SEWER SERVICE OUTSIDE THE CITY LIMITS AT 31645
PEPPERTREE BEND (600.50)
Written Communication:
Report dated July 2, 1991, from the Director of Engineering
and Building, regarding a request from Security Pacific
National Bank to have the City provide sewer service to the
property located at 31645 Peppertree Bend, Laguna Niguel.
This item was continued from the June 18, 1991, meeting, to
allow staff to meet with the applicant to work out an
acceptable fee for sewer connection, delinquent monthly
service charges, plumbing permit and inspection fees, and
legal and staff costs.
-14-
7/2/91
1.
Dave Lipsett, 27111 Camino de Estrella, Capistrano Beach,
representing Security Pacific National Bank, expressed
appreciation for the City's cooperation and concurrence with
the staff recommendation.
Amendment of Settlement Agreement and Approval of Service
Agreement:
It was moved by Councilman Buchheim, seconded by Councilman
Jones, and unanimously carried that:
(1) sewer service be provided to the property located at
31645 Peppertree Bend at a total cost of $12,626.13 to
Security Pacific National Bank;
(2) staff be directed to proceed with amending the Settle-
ment Agreement; and
(3) staff be directed to prepare a Service Agreement between
the City and the Moulton Niguel Water District.
Writteri Communication:
Repor dated July 2, 19,9 ,,-from the Director f Community
Servikes, recommendin 'approval of the ,con act with the
CSunty Consolidated raiisportation Agency o provide free
transportation for snior citizens and t disabled of San
Juan Capistrano --attend the Nutrit oryProgram at the Old
Fire Station Zeeation Complex.
r v o t:
At wa cVe by Councilman Buc eim, seconded bx:�ou ilman
J s, an unanimously carri that the Agreeafent ith the
orange C my Consolidated ' ansportation Sefvic,e```Agency be
approve in the amount o $`5,679 for Dial -A -VA transporta-
tion s ices for the ity's senior citizp and handicapped
popul tion, for the eri'od ending June,; 1992.
1. R CONS DYWXTION OF WREEREOML PERMI FE (410.90)
Written C cat' ``
Report dated July 2, 1991, from the Actig Director of
Planning, recommending that the current $50 Tree Removal
Permit fee be rescinded.
-15-
7/2/91
i
AGENDA ITI^M
TO:
FROM:
SUBJECT:
SITUATION
0 10
July 2, 1991
Stephen B. Julian, City Manager
William M. Huber, Director
Department of Engineering and Building
Proposed Sewer Service Outside City Limits, 31645 Peppertree Bend
On June 18, 1991, City Council considered a request from Security Pacific National Bank
to authorize providing sewer service to property outside the City limits to a home that
was connected to the sewer system illegally. The bank is prevented from selling the
home without approval from the City for sewer service or the construction of an
expensive lift station to the Moulton Niguel Water District sewer system.
At the June 18, 1991 meeting, staff had recommended approval of the request with the
condition that the applicant pay for sewer connection, monthly service charges in
arrears, plumbing permit and inspection fees and a $10,000 fee to reimburse the City for
the legal and staff costs incurred. Council directed staff to meet with the applicant to
work out an acceptable fee to be collected by the City for the sewer service.
Staff researched the actual costs incurred by the City to date for all aspects of this
matter including maintenance personnel and material, City Attorney, and the connection
and service charge fees. Additionally, an administrative cost was established to cover
the cost to process the proposal and develop a service agreement between the City and
the Moulton Niguel Water District.
The following is a breakdown of the costs associated with this matter and the total fee
that should be a condition of approval of the request:
1. Maintenance and repair. This item covers the cost of replacing asphalt paving and
removal and replacement of curb and gutter.
TOTAL $3,627.83
2. City Attorney. This item covers the cost in code enforcement and litigation
regarding the illegal sewer connection.
TOTAL $4,732.70
3. Sewer Connection Fee. This item is the current connection fee for a single family
residence.
TOTAL $3,165.00
4. Monthly Service Charge. This fee is the current monthly service charge of $15.40
per month computed from March 2, 1988 when the sewer connection was made.
TOTAL $ 600.60
5. Permit and Inspection. This fee is to cover the issuance of a plumbing permit and
inspection as necessary of the sewer line.
TOTAL $ 200.00
FOR CITY COUNCIL AGEN� ` 3
d
N.
Agenda Item
-2-
0
July 2, 1991
6. Administrative fee. This is a deposit to cover the costs of preparing the Service
Agreement with Moulton Niguel Water District and other administrative costs.
TOTAL $ 300.00
TOTAL $12,626.13
Staff has met with representatives of the Bank and they have concurred with the
proposed charges.
PUBLIC NOTIFICATION
None.
COMMUNITY REDEVELOPMENT AGENCY
Not applicable.
COMMISSION/BOARD REVIEW, RECOMMENDATION
Not applicable.
FINANCIAL CONSIDERATIONS
The proposed $12,626.13 in fees will provide for recovery of costs incurred by the City
for involvement in the litigation and provision of sewer service to the property.
ALTERNATE ACTIONS
Modify the fee amount recommended.
2. Deny the request for sewer service.
RECOMMENDATION
Move to direct staff to proceed with amending the Settlement Agreement and concur
with providing sewer service and prepare a Service Agreement between the City and
Moulton Niguel Water District.
Respectfully submitted,
William M. Huber, Director
Department of Engineering and Building
W MH:D WM:st
r
i
011110 Y!i
a
June 28, 1991
Dave Lipsett
Coldwell Banker
Residential Real Estate
2711 Camino De Estrella
Capistrano Beach, CA 92624
Dear Mr. Lipsett:
r
MEM$ERS OF THE CITY COUNCIL
LAWRENCE F ■UCHMCIM
KENNETH E FRIES$
OARYL HAUSOORFER
GIL JONES
JEFF VASQUEZ
CITY MANAGER
STEPHEN E JULIAN
APPROVED FOR PAYMENT
AMOUNT $ fQ7
OREO # &,yNAME
PAYEE�j�+Sam - I •'�!IL416
0
TIN 09U-
BUDGET
APPROVED BY
DATE
RECORD
GL #
Attached please find City cost breakdown for various items
associated with the illegal sewer connection at 31645 Peppertree
Bend. These cosi include the repair and replacement of portions
of the street damaged by the illegal connection, the City's legal
cost associated with the illegal connection, and the sewer service
charges involved in making legal sewer connection. We are
recommending the City Council accept the payment of these cost as
an amount adequate to allow the connection to the City sewer at
31645 Peppertree Bend.
We will also be requiring a $300 deposit of funds to cover any
actual cost to prepare, review and complete a Service Agreement
between the City of San Juan Capistrano and the Moulton Niguel
Water District. Any funds remaining in the deposit after
completion of the Service Agreement will be returned.
The attached cost breakdown does not include cost of City Manager
staff, Public Works Administrative staff and Code Enforcement staff
time spent on enforcement actions associated with the illegal
connection.
Cordially,
City Manager
AUG 7 1991
32400 PASEO ADELANTO. SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-II7I
j
ri
ne
41
0 0
Approval of Definition of and Process for Determining City
Compliance:
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim, that the following Resolution be adopted:
RESOLUTION NO. 91-6-18-5, MASTER PLAN OF ARTERI
HIGHWAYS CONSISTENCY - MEASURE M FUNDS - A RESOLU-
TION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING THE DEFINITION
OF AND PROCESS FOR DETERMINING CITY COMPLIANCE WITH
THE COUNTY MASTER PLAN OF ARTERIAL HIGHWAYS FOR
SECURING MEASURE M FUNDS
The motion carried by the following vote:
AYES: Councilmen Jones, Hausdorfer, Buchheim,
Vasquez, and Mayor Friess
NOES: None
ABSENT: None
Written Communication:
Report dated June 18, 1991, from the Director of Engineering
and Building, regarding a request from Security Pacific
National Bank to have the City provide sewer service to the
property located at 31645 Peppertree Bend, Laguna Niguel,
which was previously hooked into the City's sewer system
illegally. In addition to entering into an agreement with
the Moulton Niguel Water District to provide sewer service
to the property, staff recommended that all costs by the City
to amend the Settlement Agreement be paid by the current
property owner, as well as sewer connection and inspection
fees, monthly sewer charges that are due, and a $10,000 fee
for legal and staff costs.
Mr. Huber discussed the $10,000 estimate for legal and staff
costs to be paid by the property owner.
David Lipsett, 27111 Camino de Estrella, Capistrano Beach,
Account Manager for Security Pacific National Bank, requested
that the current property owner not be held responsible for
legal and staff costs because of the illegal action taken by
the prior owner before ownership was transferred. He stated
he had only just learned of the $10,000 fee.
It was moved by Councilman Vasquez that the property owner
pay for actual legal fees or $10,000, whichever is the lesser
-17-
6/18/91
amount. Councilman Hausdorfer seconded the motion. The
motion was subsequently withdrawn.
Continuation of Item:
It was moved by Councilman Jones, seconded by Councilman
Hausdorfer, and unanimously carried that the item be contin-
ued and that staff be directed to meet with Mr. Lipsett
immediately to resolve the issue of costs.
1. FOURTH O
WritteiY Comm
Rep dated
Sery ces, fo:
of my cel
at etic fie
T e Report
2. N SP
1.
2.
The
18, 192%
ing the
ion a Ma:
s rece
ea June 18
providing
with the/
was
dated
forw
i,4/the Dire
i,4/the
for
Forster Ju
filed.
1991, from
overview
an Space Bc
I and filer!
of Community
City's Fourth
High School
� Director of Community
the various activities
Act Measure D.
, 1991, from the Council Services
D letter of resignation.
AccePtance of ��4-nation and DIsban0ing or commission:
It wamoved Councilman Hausdorfer, seconded by Council-
man Jon nd u animously carried to accept the resignation
of Jack McDowel Staff was directed to proceed with
disbanding the co ission.
Written Communication:
Report dated June 18, 1991, from the Council Services
Manager, forwarding the letter of resignation.
-18-
6/18/91
AGENDA ITEM June 18, 1991
TO: Stephen B. Julian, City Manager
FROM: William M. Huber, Director
Department of Engineering and Building
SUBJECT: Proposed Sewer Service Outside City Limits - 31645 Peppertree Bend
SITUATION
Security Pacific National Bank has requested that the City Council authorize providing
sewer service to property outside the City limits to a home that was connected to the
sewer system illegally. The home was constructed by Mr. Lee Bangerter in the county in
1986 with a requirement that sewer service was to be through the Moulton Niguel Water
District by constructing a lift station to pump the sewage.
During the construction, the owner connected the home to the City sewer contending
that the right to sewer service was conveyed with the purchase of the property from the
original subdivider. Subsequent legal action was undertaken by the City to require Mr.
Bangerter to disconnect the sewer service which was resolved through a Settlement
Agreement that provided for the annexation of the property to the City of San Juan
Capistrano as a condition of the City providing sewer service.
The property is now within the City of Laguna Niguel and the Bank has acquired the
property through foreclosure and wishes to sell the home to a new owner. The sale is
being prevented due to the absence of a Certificate of Occupancy issued by the County
until approval of sewer service by the City of San Juan Capistrano is obtained or the
originally approved pump station is constructed.
The Moulton Niguel Water District has indicated that the preferable solution to sewer
service to this property is the present gravity line into the City system. The District is
also willing to enter into an agreement with the City for providing sewer service to the
property.
Council may recall that sewer service was authorized to similar properties on Peppertree
Bend on June 19, 1990 through a service agreement with Moulton Niguel Water District
and Mr. Cvengros. Staff believes that sewer service by the City of San Juan Capistrano
would be the most practical and would resolve the issue.
The City Attorney reports that the conditions in Settlement Agreement requiring
annexation to the City of San Juan Capistrano must be amended in order for the Service
Agreement for sewer service to be completed. Staff recommends that all costs incurred
by the City to amend the Settlement Agreement should be paid by the property owner.
In addition, the applicant should be required to pay the current sewer connection and
inspection fees, monthly sewer charges that are due, and a $10,000.00 fee to reimburse
the City for legal and staff costs associated with the illegal sewer connection.
PUBLIC NOTIFICATION
None.
FOR CITY COUNCIL AGEND ����
Agenda Item -2- June 18, 1991
COMMISSION/BOARD REVIEW, RECOMMENDATION
Not applicable.
FINANCIAL CONSIDERATIONS
The Settlement Agreement called for the payment of sewer connection and inspection
fees and monthly sewer charges . It is not known at this time whether the fees were
paid. If the fees remain outstanding, staff recommends that the current sewer
connection fees and any monthly charges be paid and brought current. Additionally, any
costs incurred by the City to amend to the Settlement Agreement should be paid by the
property owner and a $10,000.00 fee, to reimburse the City for legal and staff costs
associated with the illegal sewer connection.
ALTERNATE ACTIONS
1. Direct staff to proceed with amending the Settlement Agreement and concur with
providing sewer service and direct staff to return with Service Agreement with
Moulton Niguel Water District, or
2. Deny request.
RECOMMENDATION
Move to direct staff to proceed with amending the Settlement Agreement and concur
with pending sewer service and service agreement between Moulton Niguel Water
District.
Respectfully submitted,
Willia Zu er, irector�
Department of Engineering and Building
BH:DM:st
Attachments:
Letter - Coldwell Banker
Letter - Moulton Niguel Water District
0
A MEMBER OF THE SEARS FINANCIAL NETWORK
MAY 7, 1991
MR. STEPHEN B. JULIAN, CITY MANAGER
CITY OF SAN JUAN CAPISTRANO
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
0
(714) 661-9355 X3510 BUSINESS
(714) 496-6851 FAX
(714) 831-8100 RESIDENCE
DAVE LIPSETT, GRI, CRS
Broker ASSomele
COLDWELL BANKER
RESIDENTIAL REAL ESTATE
271+1 CAMINO DEESTRELLA
CAPISTRANO BEACH, CA 92624
SUBJECT: PROPOSED SEWER SERVICE AGREEMENT BETWEEN CITY AND
MOULTON NIGUEL WATER DISTRICT
SUBJECT PROPERTY: 31645 PEPPERTREE BEND
APN 121-090-18
DEAR SIR:
PURSUANT TO MY LETTER AND ASSOCIATED DOCUMENTATION OF APRIL
3, 1991, IN HAND DELIVERED TO EILEEN FEGTE TO THE ATTENTION
OF MR. THOMAS CLARK, ACTING CITY ATTORNEY, WITH DUPLICATE
COPY UNDER SEPARATE COVER TO MR, WILLIAM HUBER, DIRECTOR OF
ENGINEERING AND BUILDING FOR THE CITY, IN WHICH I OUTLINED
THE EXISTING SITUATION CONCERNING THE REFERENCED PROPERTY
AND THE MATTER OF THE UNAUTHORIZED SEWER CONNECTION MADE BY
THE PRIOR OWNER, LEE R. BANGERTER. THE TITLE TO THIS
PROPERTY WAS TRANSFERRED TO THE BENEFICIARY, SECURITY
PACIFIC NATIONAL BANK, BY TRUSTEES DEED UPON SALE RECORDED
IN ORANGE COUNTY ON OCTOBER 3, 1990. SINCE THAT TIME IT
HAS BEEN MY RESPONSIBILITY AS ACCOUNT MANAGER FOR THE BANK,
TO TRY TO UNRAVEL THE UNCOMFORTABLE SITUATIONS THAT THE
FORMER OWNER CREATED WITH THE VARIOUS PUBLIC AND PRIVATE
AGENCIES IN CONJUNCTION WITH THE CONSTRUCTION OF THIS HOME,
ONE OF WHICH IS THE UNAUTHORIZED SEWER CONNECTION TO THE
CITY SEWER SYSTEM. IN MY LETTER I STATED THE EXISTING
SITUATION, DOCUMENTED THE CASE COMPLETELY, AND REQUESTED
THAT THE CITY GRANT THE BANK THE OPPORTUNITY TO PAY THE
APPROPRIATE FEES REQUIRED TO AUTHORIZE CONNECTION OF THE
SEWER TO THE CITY SYSTEM. MR. CARLO HABASH, DIRECTOR OF
ENGINEERING FOR MOULTON NIGUEL WATER DISTRICT, HAS
FORWARDED A LETTER TO MR, HUBER STATING THAT MOULTON
MAY
MR. STEPHEN B. JULIAN
MAY 7, 1991
NIGUEL WATER DISTRICT WOULD HAVE NO ADVERSITY TO ALLOWING
THE SEWER CONNECTION TO REMAIN. I BELIEVE THE CITY HAS
RESOLVED A SIMILAR PROBLEM CONCERNING PARCEL MAP 85-128 AND
MORE SPECIFICALLY THE PROPERTIES IDENTIFIED AS PARCEL NOS.
121-100-55, 121-100-56 _AND 121-100-57 _AS PROVIDED FOR IN
AN AGREEMENT BETWEEN THE ITY AND OULTON NIGUEL WATER
DISTRICT FOR THE CITY TO PROVIDE THE NECESSARY SEWER
SERVICE TO THE REFERENCED PROPERTIES, DATED MARCH 5, 1990
(REF:PBG/1311).
IN CLOSING, I RESPECTFULLY REQUEST THAT THE CITY TAKE THE
NECESSARY MEASURES WITH MOULTON NIGUEL WATER DISTRICT TO
RATIFY THIS SEWER CONNECTION AND TO ALLOW THE BANK TO PAY
THE APPROPRIATE FEES FOR THE CONNECTION. I STAND READY TO
ASSIST THE AGENCIES INVOLVED WITH ANY MATTER WITHIN MY
AUTHORITY TO BRING THIS SITUATION TO A SUCCESSFUL
CONCLUSION.
IN RE
DA ID . UPSET GRI, CRS
BROKERS
ACCOUNT MANAGER
CC: MR. CARLO H. HABASH
MOULTON NIGUEL WATER DISTRICT
April 3, 1991 Moulton Niguel Water
Security Pacific National Bank
27111 Camino de Estrella
Capistrano Beach, CA 92624
Attention: Dave Lipsett
Accounting Manager
Regarding: Improvement District 7
Residence $t: 31645 Peppertree Bend, Laguna Niguel
Dear Mr. Lipsett:
This is a follow-up to our recent conversation regarding the water
and sewer service to the subject residence. Since the house is
located within our district, water and sewer service should be
provided by the Moulton Niguel Water District.
It is my understanding that the house is currently being serviced
with water that is provided by our District, and that the sewer is
tied to the City of San Juan Capistrano's system. It is also my
understanding that you are inquiring as to the possibility of
installing a sewer lift station to pump the flow uphill to tie into
our system. We do not encourage this alternative for obvious
reasons - no other system would be better than the current
gravitational system. You should explore all of the avenues
available to you, aside from pumping, and the District is willing
to enter into a service agreement with the City of San Juan
Capistrano, if the City is willing to do so.
If you have any questions, please call me.
Sincerely,
MOULTON NIGUEL fWATER
DISTRICT
Carlo H. Habash
Director of Engineering
CHH: vg
cc: City of San Juan Capistrano
William Huber
a public agency at
27500 La Paz Road, Laguna Niguel, CA 92656-3489
Mailing Address: P.O. Box 30203, Laguna Niguel, CA 92607-0203
714/643-2584 FAX 714/643-2489
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