Loading...
HomeMy WebLinkAbout2004-17City of Ukiah Resolution No. 2004-17 A RESOLUTION OF APPLICATION BY THE CITY OF UKIAH REQUESTING THE LOCAL AGENCY FORMATION COMMISSION OF MENDOCINO COUNTY TO UNDERTAKE PROCEEDINGS TO APPROVE AN OUT-OF-AREA WATER SERVICE AGREEMENT BETWEEN THE CITY OF UKIAH AND RURAL COMMUNITIES HOUSING DEVELOPMENT CORPORATION Whereas, the City of Ukiah desires to initiate proceedings under the Local Government Reorganization Act, commencing with Section 56000 of the California Government Code, for approval by the Local Agency Formation Commission ("LAFCO" or "the Commission") of an out-of-area water service agreement pursuant to Government Code Section 56133; and Whereas, Rural Communities Housing Development Corporation (RCHDC) has made application to the City of Ukiah for water service for a housing project for Iow and moderate income families to be constructed on property outside the City limits; and Whereas, the subject property is outside the City of Ukiah's boundaries but contiguous to the boundaries and within the Sphere of Influence as established by LAFCO; and Whereas, there is a shortage of housing which is affordable to Iow and moderate income families and limited opportunities within the City limits to increase the supply of such housing; and Whereas, City believes that it is in the interest of the City to provide water service to this property for purposes of supporting the development of Iow and moderate income housing; and Whereas, in order to secure funding for the Project RCHDC must secure water service for the Project before annexation of the property into the City could be completed; and Whereas, because of these special circumstances, the City is willing to provide water to this future development via an out-of-area service agreement until such time that an annexation can be completed; and Whereas, Government Code Section 56133(b) provides the authority for the Commission to authorize the City of Ukiah to provide water service outside its jurisdictional boundaries and within its sphere of influence in anticipation of a later change of organization; and Whereas, the City of Ukiah will be submitting an application for annexation of this parcel concurrently with the request for an out-of-area service agreement; and Whereas, a public notice has been published on December 18, 2003, declaring the intent of the Council to adopt a Resolution of Application, and which notice has been given to each interested and affected agency'; and Whereas, a hearing has been conducted to consider any public agency comments or oral or written comments from the public; and Whereas, the territory proposed to be served by the out-of-area service agreement is considered uninhabited (less than 12 registered voters) for purposes of notification and a map of the location of the subject property is attached hereto as Exhibit "A"; and Whereas, a Water Service Agreement concerning real property identified as AP# 02-101-17 will be executed between the RCHDC and the City, in the form attached hereto as Exhibit "B"; and Whereas, the City agrees to provide water service limited to this property, AP#02-101-17, for RCHDC to provide Iow and moderate income housing, and will not provide water for any other development on this property and will not provide service to other parcels under the proposed out-of-area water service agreement; and Whereas, if RCHDC does not acquire title to the property, the City will have no obligation under the Agreement to serve water to the parcel; and Whereas, the City of Ukiah as the Lead Agency will conduct an environmental review of said out-of-area service agreement. NOW THEREFORE BE IT RESOLVED, that: 1. This Resolution of Application as considered and marked Resolution No. 2004-17, is adopted and approved by the City Council of the City of Ukiah, and the Local Agency Formation Commission of Mendocino County is hereby requested to undertake proceedings to approve the out-of-area service agreement attached hereto as Exhibit "B," according to the terms and conditions stated above and in said agreement and in the manner provided by Government Code Section 56133 and the Local Government Reorganization Act; 2. The executive officer of LAFCO is hereby requested to determine, within 30 days of receipt of this Resolution, whether the request is complete and acceptable for filing or whether the request is incomplete. If this Resolution is determined not to be complete, the executive officer shall immediately transmit that determination to the Director of Planning for the City, specifying those parts of the request that are incomplete and the manner in which they can be made complete. The City Planning Director is hereby authorized to take whatever action is required to make the application complete without further action by the City Council, unless, said Director, in consultation with the City Attorney, determines that further City Council action is legally required. When the request is deemed complete, the executive officer is hereby requested to place the request on the agenda of the next meeting of the Commission meeting for ~ "Interested Agency" means any agency that provides facilities or services in the affected territory that a subject agency would provide--the city is a subject agency-- there should be no other Interested Agencies; Affected agency means any local agency whose boundaries contains or whose sphere of influence contains any territory within the proposed area, e.g. the county, school districts, fire districts, etc.) 2 which adequate notice can be given but not more than 90 days from the date that the request is deemed complete. 3. If LAFCO requires a substantive change to Exhibit B, such change shall be approved by the City Council before they become binding on the City. City Staff shall determine if any change made by LAFCO is substantive. PASSED AND ADOPTED on this 7th day of January, 2004 by the following Roll Call Vote: Ayes: Councilmembers Rodin, Smith, Baldwin, and Mayor Larson Noes: None Abstain: None Absent: Councilmember Andersen Eric Larson, Mayor ATTEST: Marie Ulvila, Deputy City Clerk EXHIBIT "B" CITY OF UKIAH Out-of-City Water Service Agreement (In Sphere of Influence) This Agreement is entered into this day of , 2004, by and between the Rural Communities Housing Development Corporation ("Customer"), whose mailing address is 237 East Gobbi Street, Ukiah, California, 95482, and the City of Ukiah ("City"), whose mailing address is 300 Seminary Avenue, Ukiah, California, 95482. Collectively, the City and the Customer shall be referred to in this Agreement as the "Parties". Recitals Customer has entered into a sales Agreement to purchase property outside of, but adjacent to, the City limits, which is known as APN 002-101-17, and as more particularly described in the attached Exhibit A ("the Property"). 2. The Property is located within the City's sphere of influence but outside its current boundaries. 3. The City currently has a water main along Brush Street adjacent to the Property. 4. Customer is a non-profit public benefit corporation organized and existing to provide housing which is affordable to very Iow, Iow and moderate income individuals and families. o Customer desires to develop on the Property an apartment complex consisting of approximately 152-units which will be and remain for the useful life of the complex affordable to persons of very Iow, Iow and moderate income as the terms "affordable," and "very Iow," "low," and "moderate" income are defined by the California Department of Housing and Community Development ("HCD") and/or the United States Department of Housing and Urban Development ("HUD") ("the Project") and desires City water service, because water service is not available from the Millview County Water District. 6. Customer will construct at customer's expense those facilities required to connect to the existing water main along Brush Street as a condition of receiving water service at the Property. . The City is willing to provide water service to the Project, because there is a shortage of housing which is affordable to Iow and moderate income families in the City and the surrounding area, increasing the supply of housing affordable to very Iow, Iow and moderate income families is an important policy goal of the City of Ukiah and the State of California, and because Mendocino County has agreed in principle to approve a tax sharing agreement for the Property in connection with its eventual annexation into the City. , The City agrees to provide water service limited to the Property for Customer to provide Iow and moderate income housing, and will not provide water for any other development on the Property or to any other parcels of property under this Agreement. 9. The City will become obligated to provide water to the Property only if and when Customer acquires title thereto and as otherwise provided in this Agreement. 10. 11. 12. 13. 14. Since the Property is located outside the City's boundaries, this out-of-area service Agreement must be approved by the Mendocino County Local Agency Formation Commission ("LAFCO"). LAFCO has the authority to approve this Agreement, because the Property is located within the City's sphere of influence and should under appropriate circumstances, be annexed into the City in the future. This Agreement anticipates a later application for a change of organization to annex the Property into the City of Ukiah. Customer requires an agreement for the provision of water to the Property before an annexation of the Property into the City could receive final approval. For this additional reason, Customer requires an out-of-area agreement approved by LAFCO in order to develop the Project on the Property. Because of the special circumstances described above, including the need for Iow and moderate income housing and because of valid concerns about securing funding for the Project which are outside the control of the City or Customer, the City is willing by this out-of-area service agreement to provide water to this future development, until such time that annexation of the Property into he City can be completed. Customer agrees to pursue annexation as instructed by City and the LAFCO. NOW, THEREFORE, based upon the above recitals, and the mutual promises contained herein, the Parties herby agree as follows: 1. City will provide water service to the Property, not to exceed connections, under the following conditions: domestic water service a. Customer acquires legal title to the Property. b, Customer receives adequate funding commitments for the Project, completes the design of the Project, receives all required approvals to commence construction of the Project, and commences construction of the Project. C, Within the time as specified by the City, Customer completes and submits to the City or to LAFCO, as requested by City, any and all documents necessary to initiate and complete proceedings to annex the Property into the City. The City may, but is not required to, pay any fees or other costs associated with initiating and completing such proceedings. Customer shall pay within such time as specified by City and such fees or costs the City declines to pay. do The provision of water to the Property is subject to the rules, as defined in paragraph 1.e below, and in any water shortage, to the City's primary obligation to meet the need for water within the City's incorporated limits. eo Customer shall comply with all of the rules, regulations, policies, tariffs, rate schedules, and ordinances (collectively, "rules") of City (whether currently in effect or as adopted or amended hereafter) that apply generally to the City's provision of water service to residents and customers of the City, including the completion of all required applications for service and the payment of all fees and charges. Failure of customer to comply with the requirements in subparagraph 1.e shall subject the Customer to the same remedies and sanctions, including termination of water service, as would apply to a customer who receives service within City's boundaries. g. Customer shall submit plans for development of the project to the City for review and approval, and shall develop the property in accordance with the plans approved by the City. , This document contains the entire Agreement between the parties concerning its subject matter. Any and all existing statements or agreements, whether oral or written, or renewals thereof, between the parties hereto, covering the same subject matter, are hereby canceled and superceded by this Agreement, and such prior statement or agreement shall have no further force or effect. . Whenever notice to a party is required or permitted by this Agreement, it shall be deemed given when deposited with proper address and postage in the U.S. Mail or when personally delivered to the addresses set forth in the first paragraph of this Agreement. Either party may change the address to which notice must be given under this Agreement by providing notice of the address change as provided in this paragraph. , This Agreement shall be governed by the laws of the State of California. Any legal action arising out of this Agreement must be filed in Mendocino County. The parties waive any objections they may otherwise have to jurisdiction or venue in Mendocino County. 5. This Agreement is for the sole and exclusive benefit of the parties who do not intend to create any rights in third parties or to create third party beneficiaries. , No waiver by either party of any of the provisions of this Agreement or failure of either party to object to a breach thereof shall constitute a waiver of any other provisions of this Agreement, or of the parties' right to enforce a subsequent breach of the same or a different provision of the Agreement. No waiver shall be deemed a continuing one or bind either party in any way, unless confirmed in writing signed by that party. , The signatories to this Agreement have been duly and properly authorized by the party they represent to sign this Agreement on its behalf and their signature on this Agreement is binding upon the party they represent. , This Agreement may be executed in one or more duplicate originals bearing the original signature of both parties and when so executed any such duplicate original shall be admissible as proof of the existence and terms of the Agreement between the parties. This Agreement was executed and delivered as of the date first written above in Ukiah, California. Customer Date City of Ukiah Date Approve by LAFCO on ,2004. By: ATTEST: