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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 � �V 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 LSI lk Sul 71 \ } , \ � � _��"� 1, --:� t ' ` '\� •. 1 �'-'.�'� �~ _: lj 1 .I lotry y JN1od yNtyp o, CSI :p \ ♦ / i nuuunnnnmm�mmimnnnwuuununnm • � \ ssaysw/ ya, Twsp Tww 103 Vv - � mow` \�\ V `r ��.: • v' � ��_: � '�� / \ •1� r -P .,j 14 loo 10 L • ,.. 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