To: Honorable Mayor and Members of City Council
From: Phil Brun, Utilities Director
Prepared By: Joy Eldredge, Deputy Utilities Director
TITLE:
Title
Outside Water Service to 7855 St Helena Highway
LABEL
RECOMMENDED ACTION:
Recommendation
Adopt a resolution: 1) authorizing the Utilities Director to execute a Declaration of Covenants and Agreement Regarding Water Service to 7855 St Helena Highway in Oakville (APN 027-280-077-000); 2) authorizing the Utilities Director to submit an application to the Local Agency Formation Commission of Napa County for an outside service agreement; and 3) determining that the actions authorized by this resolution are exempt from CEQA.
Body
DISCUSSION:
The City received an Outside Water Service Application (see Attachment 2) for fire service at 7855 St Helena Highway in Oakville (APN 027-280-077-000)) (see Attachment 3). Since the property is outside the City limits and outside the City Rural Urban Limit Line (“RUL”), City Charter Section 180 (see Attachment 4) limits extension of water service except under specified situations, which do not apply to this request, or by a four-fifths (4/5) vote of the City Council.
Under State LAFCO law (the Cortese-Knox-Hertzberg Local Government Reorganization Act), particularly California Government Code Section 56133 (see Attachment 5), the Local Agency Formation Commission of Napa County (“LAFCO”) is required to review and approve any proposed new or extended water service outside the City limits. The property is outside the City’s Sphere of Influence; therefore, LAFCO may only authorize a new water service to respond to an existing or impending threat to the public health or safety of the residents of the affected territory.
The application for the City water service at 7855 St Helena Highway indicates that the service line would be used for a dedicated fire service to a commercial building on the property to be used for office and meeting space, and equipment storage. Per the applicant’s request, the service would be used to supply water to fire sprinklers to the building that is in need of structural improvements to provide a safe workplace and to address the threat to health and safety of its employees by providing sufficient fire sprinkler suppression.
An existing City water main fronts the property and is sufficient to serve the additional fire water service as proposed and no expansion or alteration is necessary to provide adequate service. This demand will have no adverse effect on water supply availability. The City has sufficient treatment, storage, and conveyance capacity to accommodate the requested service.
The property has existing City water service for domestic use that has historically served commercial use. The Property is zoned Agricultural Preserve under Napa County zoning, and the Project’s uses are permitted as a legal nonconformity that cannot be expanded under Napa County’s General Plan and zoning.
Staff recommends that the City Council, by four-fifths (4/5) vote, approve a fire water service to the aforementioned property to address an impending threat to health and safety, subject to LAFCO’s approval of an outside service, and subject to the applicant’s execution of Declaration of Covenants and Agreement Regarding Water Service in a form satisfactory to the City Manager and Utilities Director, approved as to form by the City Attorney, and in accordance with the Summary of Conceptual Terms (see Attachment 1 Exhibit A), that includes, but is not limited to the following provisions:
1. The Applicant will agree to pay the water service rate for a 6-inch fire service of $334.69 bi-monthly.
2. Water service will be used for fire suppression purposes only.
3. No taps will be made on the 36-inch transmission main.
4. The water service may not be used to serve outside sources or properties, and City water may not be sold, given, or traded to outside sources or properties.
5. If the 6” fire water service is determined to be used for purposes other than fire sprinklers, fire suppression or testing of fire system, Owner will be charged for the water at the then-current outside water rate. If the Owner fails to pay the Water Division for the water service after 60 days from initial written notice, the water service will be shut off until payment is made.
6. Since the subject property is outside the RUL line, Owner agrees not to file an objection to any future requests to annex the property into the City. The Parties agree that this Agreement shall serve as a petition to annex, which the City may pursue by proposing a boundary change or reorganization to LAFCO by submitting a resolution adopted by the City Council in the event that there is a voter-approved modification of the City’s RUL.
7. Provide a dedicated 20-foot-wide easement dedicated to the City of Napa through parcel 027-280-077 approximately centered over the City’s existing 36-inch water transmission main.
8. Provide a ten-foot easement dedicated to the City of Napa for the 6-inch fire water line from the existing hydrant lateral on the south side of Walnut drive on parcel 027-280-016.
9. Pay all fees (including City staff time) associated with the LAFCO process for the outside service agreement.
10. Purchase and install an ultrasonic meter with an electronic radio transmitter (ERT) compatible with City electronic radio transmitters (ERTs) shall be installed on the water system per the City’s installation standards.
11. Prior to activation of the water service the Applicant shall purchase an AWWA approved backflow device, have the device installed immediately after the edge of Walnut Lane right-of-way in a location approved by the City of Napa Water Division and tested by an AWWA certified tester from a list of testers provided by the City of Napa. The test results shall be submitted by the Applicant to the City of Napa Water Division.
12. Grant the City the right to access the Property to inspect all water facilities during normal business hours, and the right to access the Water Services lines located on the Property for the purposes of confirming that City water service is not being provided to other properties and is not being used for purposes other than those permitted herein after providing 24-hour prior notification to NVG and allowing NVG the opportunity to accompany the City representative.
FINANCIAL IMPACTS:
The City would gain revenue for providing the 6-inch water service. The estimated yearly revenue based on the water service charge is currently $334.69 bimonthly or $4,016.28 per year. The customer would also be responsible for paying a one-time capacity fee for a 6-inch fire service in effect at the time of connection (currently $20,716).
CEQA:
City staff recommends that the City Council determine that the Recommended Action is exempt from CEQA pursuant to: CEQA Guidelines Section 15301 (Categorical exemption Class 1 Existing Facilities), which exempts the operation, permitting, repair, maintenance, or minor alteration of existing facilities (defined to include existing utility service and plumbing) involving negligible or no expansion of use (the site is not proposed for any expansion by this approval); and CEQA Guidelines Section 15302 (Categorical Exemption Class 2 Replacement or Reconstruction), which exempts replacement or reconstruction of existing facilities on the same site and with the same purpose.
DOCUMENTS ATTACHED:
ATCH 1 - Resolution
EX A - Term Sheet for Declaration of Covenants and Agreement Regarding Water Service
EX A-1 - Project Building Layout
EX A-2 - Project Water System Improvements
ATCH 2 - Outside Water Service Application No.659
ATCH 3 - Location Map of the subject property
ATCH 4 - Charter Section 180
ATCH 5 - Government Code Section 56133
NOTIFICATION:
Rob Anglin, Holman Teague Roche Anglin, LLP
Brendon Freeman, LAFCO Executive Director