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HomeMy WebLinkAboutMULBERRY SEWER EXTENSION C of Fontana L I F 0 R N I A September 20, 1991 Walt Sacilowski Coca-Cola Enterprises I Coca-Cola Plaza, N.W. CCE-768 Atlanta, GA 30313 RE: Fontaria Gateway Development Phase I, Sierra Gateway NRWS Extension on Mulberry Avenue, Fontana, CA {CCE Sewer Wasteline) Dear Mr. Sacilowski: Regarding the reservation of $285,000 for the above referenced sewer wasteline, it has been determined that additional funds will be required to cover the cost of ,construction and related incidentals. The increase in cost is due to inflation and the required removal and replacement of additional improvements that have been constructed over the past three years along the alignment of the proposed sewer wasteline. In order to proceed with the public bidding process, a deposit of $143,172 will be required from Coca Cola Enterprises. Upon completion of the construction of the sewer wasteline to the satisfaction of the City of Fontana and the Chino Basin Municipal Water District, the project will be cost accounted and any excess funds will be refunded. If you should have any questions, please contact Mr. Gregory Bucknell, P.E., Principal Engineer/Special Projects, at 714-350-6646. Sincerely, COM IT D L MENT DEPARTMENT nt Director GH:GB/bb cc: R. Weddle G. Bucknell K. Oeske G. Sams, Arrowhead Development Group D. Gee R. Ketner, P.E., The Benham Group J. Strodtbeck 8353 SIERRAAVENUE(P.O. BOX S18) · FONTANA, CALIFORNIA92334-O518 · (714)350-7800 SISTER CITY -- KAMLOOPS, B.C. CANADA City of Fontana CALIFORNIA December 11, 1989 Mr. Tokihiro . ~ ~ Fusco Williams lindgren & Short 2500 Redhill Avenue, Suite 100 Santa Ana, CA 92705 Subject: Sierra 6ateway Sewer Additional Corrections - Second Plan Check Dear Mr. Tokihiro: COVER SHEET (See corrected red areas on print} 1. a) At the 6eneral Notes Section No. 7, add after the word all (4") and at the end add "Per City Standard Detail #125". b) Add No. 15 to read: Existing manholes which are to be adjusted to a new grade shall be done with materials similar in quality to those in the original structure. c} Add No. 16 to read: The contractor may raise manholes to grade prior to paving by the use of metal rings which meet with the approval of the City Engineer. 2. SHEET 2 OF 3 a) At station at profile, add a detail of the correction point at station {26+32.06). b) At same station add the word "join". c) At station 23+62.38 correct existing manhole elevation from {929.08) Inv{E} to read {926.07}. d} At station 26+32.06 should read: 26+32.03 and Inv.{N) elevation change {g21.37) to read: {921.16} per record map 1450A 13/13 F.L. = 20.96. e) At 26+32.03 manhole and correct and redue shelf since at different angle than existing. f) Add const. note #{4) 6" cleanouts at manhole numbers 1, 2, 4, 5. 8353 SIERRAAVENUE(P.O. BOX518) · FONTANA, CALIFORNIA92334-0518 · (714)350-7600 SISTER CITY .-- KAMLOOPS, B.C. CANADA Rr. Tokihiro Fusco Willjams Ltndgren & Short Page 2 3. SHEET 3 OF 3 a) At station 17+45 O0 correct inv.(W) and inv.(E) elewtions. b) Add 6" cleanout at station ZO+01 S1. c) At station (21+54.61) correct inv.(W) and inv.(E) elevations (see corrected print). d) Please note existing sewer line in Santa Aria flows from west to east. Should you have any questions, please feel free to contact me at (714) 350-7610. Sincerely yours, Annivory Calvert Public Works Director AC:EC:RG:cm FONO0049-53/4209F/es 07/13/89 -10:15 APPLICATION AND RECEIPT FOR DEPOSIT RE SEWER CONNECTION FEES PROPERTIES OUTSIDE OF FONTANA GATEWAY ASSESSMENT DISTRICT NO. 89-1 CITY OF FONTANA FONTANA GATEWAY SEWER EXTENSION THIS RECEIPT IS ISSUED FOR YOUR DEPOSIT MADE IN CONNECTION WITH YOUR APPLICATION FOR SEWER CCNNECTION RIGHTS. FILL IN PARTS 1 THROUGH 4 BELOW 1. Property Owner: 2. Address: 3. Assessor's Parcel No(s). for which application is made: 4. Total number of Equivalent Dwelling Unit(s) ("EDU's") for which application is made: (Sec. 26-67, p. 238.18 Fontana Municipal Code). ter$~jmlary treatment capaclt~_%~uand sewer extension 5. Sewer Connection Fee ............ (s~" e~ le belo ). capital cost) per EDU t w FEE SCHEDULE Dollar Amount of Sewer Connection Payment Date Fee Per (On or Before) Dwelling Unit June 30, 1990 $ 3,804.00 June 30, 1991 4,184.00 June 30, 1992 4,602.00 June 30, 1993 5,062.00 June 30, 1994 5,159.00 3une 30, 1995 5,674.00 June 30, 1996 6,241.00 June 30, 1997 6,865.00 June 30, 1998 7,551.00 3une 30, 1999 8,306.00 6o TOTAL AMOUNT RECEIVED THIS DATE: Dated: , 1.9__ CITY OF FONTANA, CALIFORNIA APPROVED: By FON00049-1tr/l124z-93/es 07/20/89 · . DRAFT July ].1, 1989 TO: Landowners Within the Fontana Gateway Assessment District No. 89-1 The City of Fontana will accept a bond in lieu of cash for the sewer extension component of the applicable sewer connection fees from landowners pending formation of the proposed Fontana Gateway Assessment District No. 89-1. Such bond must be satisfacto[[ to the City. Attached hereto is an Application and Receipt for Deposit Re Sewer Connection Fees. As provided in said Applications at the time a building permit is applied for, the applicant must provide for payment of i)<~t~e tertiary ureatmenu capacity fee>nd ii) the sewer capital extension fee. "-~ The applicant must pay the ~600 per EDU~'~ertiary~capacity fee in cash. The applicant may satisfy the sewer extension fee (presently ~3204 per EDU) by posting a bond. The bond must be in substantially the same format as attached hereto. The bond must specify the number of EDUs and the fee in effect at the time of request. If there are any further questions, please advise. Sincerely, CITY OF FONTANA, CALIFORNIA Annivory Calvert Public Works Director AC:es /FON00049/l124z-93 FO~O00~9-52/~O8F/es 07/20/89 - 9:05 Form of Bond To Be Presented By Landowners Within the Fontana Gateway Assessment District No. 89-1 Bond No. Premium KNOW ALL MEN BY THESE PRESENTS, that , as Principal, and a corporation organized and doing business under and by virtue of the flaws of the State of California and duly licensed to conduct a general surety business in the State of California, as Surety, are held and firmly bound unto CITY OF FONTANA, CALIFORNIA, as Obligee, in the sum of Dollars ($ ) for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS, Principal is the owner of the following Assessor's Parcel Numbers within the City of Fontana, California: AND WHEREAS, said parcels have been determined by the City to contain, for sewer connect[on fee purposes, a total of Equivalent Dwelling Units. AND WHEREAS, Resolution No. of the City of Fontana, California, adopted on May 2, 1989, requires the Principal to post security for the sewer extension capital component of sewer connection fees in the amount of Dollars per Equivalent Dwelling Unit upon submission of an application to the City for a building permit. NOW, THEREFORE, the condition of 'this obligation is such, that if the Principal shall make said contributions in cash or if the proposed Assessment District is .successfully organized then this obligation shall be null and void; otherwise it shall remain in full force and effect. IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said surety is hereto affixed and attested by its duly authorized Attorney-in-Fact. FONO0049-54/4210F/es 07/13/89 -10:20 APPLICATION AND RECEIPT FOR DEPOSIT RE SEWER CONNECTION FEES PROPERTIES WITHIN FONTANA GATEWAY ASSESSMENT DISTRICT NO. 89-1 CITY OF FONTANA FONTANA GATEWAY SEWER EXTENSION THIS RECEIPT IS ISSUED FOR YOUR DEPOSIT MADE IN CONNECTION WITH YOUR APPLICATION FOR SEWER CONNECTION RIGHTS. FILL IN PARTS 1 THROUGH 4 BELOW 1. Property Owner: 2. Address: 3. Assessor's Parcel No(s). for which application is made: 4. Total number of Equivalent Dwelling Unit(s) ("EDU's") foE which application is made: (Sec. 26-67, p. 238.18 Fontana Municipal Code). 5. Sewer Connection Fee(~tiary treatmen per EDU: 3600. Amount Received: ~ ~ 6. Sewer Connection Fee (sewer extension capital cost) per EDU: $ (see fee schedule below). FEE SCHEDULE Dollar Amount of Sewer Connection Payment Date Fee Per (On or Before) EDU June 30, 1990 $ 3,204.00 June 30, 1991 3,584.00 June 30, 1992 4,002.00 June 30, 1993 4,462.00 June 30, 1994 4,559.00 June 30, 1995 5,074.00 June 30, 1996 5,641.00 June 30, 1997 6,265.00 June 30, 1998 6,951.00 June 30, 1999 7,706.00 Amount to be received: ~ Received by: __ Delivery of Bond __ Payment of Cash 7. TOTAL AMOUNT RECEIVED THIS DATE: ~ Dated: , 19__ CITY OF FONTANA, CALIFORNIA ApPD~/~n- Ms. Annivory Calvert Director of Public Works City of Fontana 8353 Sierra Avenue Fontana, California 92335 Re: Procedures for Implementation and Collection of Sewer Connection Fees in connection with the Fontana Gateway Specific Plan Area (Our File No. FON00049) Dear Annivory: As you know, on May 2, 1989, the City Council adopted its Resolution entitled "Resolution of the City Council of the City of Fontana, California, Accepting a Certain Public Works Project and Establishing Sewer Connection Fees in Connection Therewith" (the "Resolution"). In connection therewith, I enclose the following: Exhibit "A"'L uncertified copy of said Resolution; Exhibit "B" - draft Administration Schedule; Exhibit "C" draft Application & Receipt for Deposit Re Sewer Connection Fees (Properties outside of District); and Exhibit "D" - draft transmittal letter to properties within the District with form of 'bond and Application & Receipt attached thereto. Page 2 As stated in the Cost and Reimbursement Report attached to the Resolution as Exhibit A, each ,equivalent dwelling unit, or "EDU", has a value of ~3804 per sewer connection. Of such amount, ~3204 represents the additional capital construction cost for the sewer extension itself and ~600 represents the standard sewer connection fee ford~['iary treatment capacit}~. The Administration Schedule outlines the steps to be taken to implement the sewer connection fee and the assessment district. The Application attached as Exhibit "C" should be given to all property owners not within the boundaries of the District. As stated in the Administration Schedule, both the. tertiary treatment capacity and sewer extension components are payable in cash only. At a meeting at City Hall on July 11, 1989, JOtLU 0'Sullivan requested that, pending resolution of San Bernardino County Superior Court Case No. 250098, all landowners within the District be allowed to post a bond in lieu of the sewer extension component of their sewer connection fees. The transmittal letter and attaclunents thereto should be given to all property owners within the boundaries of the District. As stated in the Administration Schedule, the tertiary t~eatment capaC$~y .component is payable in cash only. Please call me if you Zhave any questions. Very truly yours, HAWKINS, DELAFIELD & WOOD Michael Y. Toy, Esq. MYT: es cc: Mr. Jim Grissom Mr. Paul Ireland Mr. Rudy Garcia Mr. Jim Strodbeck Clark Alsop, Esq. Mr. Gary Van Osdel /FON00049-1tr/l124z-77 FONO0049-48/4054F/eS 04/20/89 3:00 RESOLUTION NO. RESOLUTIQN OF THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA, ACCEPTING A CERTAIN PUBLIC WORKS PROJECT AND ESTABLISHING SEWER CONNECTION FEES IN CONNECTION THEREWITH WHEREAS, the Redevelopment Plan for Amendment No. 4 to the Southwest Industrial Park Redevelopment Project (the "Redevelopment Plan") was approved and adopted by the City Council of the City of Fontana (the "City Council") by Ordinance No. 790, dated December 4, 1984; and WHEREAS, the Redevelopment Plan provides for the redevelopment of real property pursuant to the Redevelopment Plan by owners thereof; and WHEREAS, Fontana Municipal Code Sections 26-39(a) ~ a (b) provide for commercial and industrial sewer connection charges of six hundred dollars ($600) per service unit with a minimum charge of six hundred dollars ($600); and WHEREAS, in accordance with Section 66485, et seq., of the California Government Code, the City Council has previously adopted its Ordinance No. 176 of the City, as amended, providing for reimbursement for sewer extension facilities from persons connecting to such work and the provisions of such Ordinance No. 176, as amended, have been codified and are found as Fontana Municipal Code Section 26-58; and WHEREAS, on March 17, 1987, the City, the Agency and Sierra Gateway Development, Inc., an OklahOma corporation (the "Company") entered into a Restated Annexation and Participation Agreement (the "APA"); and WHEREAS, the APA provided for the construction and financing of certain sewer extension facilities generally along Slover Avenue and Mulberry Avenile within the Fontana Gateway Specific Plan Area (the "Project"); and WHEREAS, all sealed proposals or bids for the work to be done and improvements to be made, have been publicly opened, examined and declared as described and specified in the APA; and WHEREAS, said bids were referred to and considered by this Council and by adoption of an appropriate Resolution, this Council Page 1 c.f 5 awarded the contract for doing said work and improvements and furnishing the supplies, materials and equipment necessary therefor, to: BONADIMAN-MCCAIN, INC. at the unit prices specified in the bid of said low bidder (the "Contract"); and WHEREAS, in accordance with Section 26-58 of the Fontana Municipal Code, the Superintendent has completed a Cost and Reimbursement Report as attached hereto as Exhibit "A" and incorporated herein by this reference (the "Cost and Reimbursement Report"), indicating that the works and improvements have been completed; and WHEREAS, the Superintendent has verified that the works and improvements have been completed; and WHEREAS, On March 21, 1989, this Council adopted its Resolution of intention to ,Make Acquisitions and Improvements, in which said acquisitions and improvements were referred to the Engineer of Work for the purpose of making and filing a report in writing under and pursuant to the Municipal Improvement Act of 1913; and WHEREAS, the report described in the above-mentioned Resolution (the "Assessment District Report") has been made and filed and duly considered by this Council; and WHEREAS, the City proposes to adopt a Resolution of Acceptance to provide for such reimbursement. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fontana, California, as follows: Section 1. The Project required to be constructed in accordance with the Contract has been completed in accordance with the provisions of said Contract and the City hereby accepts the Project. Section 2. Findings. The City Council hereby finds and determines as follows: emanating me~ t residential sources within the City; (2) The City's sewer facilities within and without the Fontana Gateway Specific Plan Area will near full capacity in 1989; Page 2 of 5 (3) Limited capacity of the City's sewer facilities has created an obstacle to continued development within said Fontana Gateway Specific Plan Area; (4) The Assessment District Report and the Cost and Reimbursement Report prepared for the City have proj. ected the cost of the Project in connection with a portion of the City's Fontana Gateway Specific Plan Area as described in Exhibit "A" to the Cost and Reimbursement Report (the "Sewer Connection Fee Area"), at One Million One Hundred Sixty-Nine Thousand ~// Dollars ($1,169,000); (5) Imposition and collection of a sewer connection fee (the "Sewer Connection Fee") prior to or upon connection of commercial and industrial buildings within the Sewer Connection Fee Area to the City's sewer system is the most practical and equitable method of providing revenues for the cost of sewer extension facilities to meet the continuing development r~eeds of the area within the Sewer Connection Fee Area; (6) The City is considering plans and capital budget programs and improvement programs that will provide for the extension of public facilities and services and protect the public health, safety and welfare of its citizens; (7) The Sewer Connection Fee imposed upon the connection. ~f commercial and ~Lndustrzal Dulldings W~.t~O.~.~-~ ~ewer Connectl~'r~"~-re~a-to the Cit~"sewer system ~i~3-'-f~r the purpos~'B'f making sewage _treatment fac~llties available to such units and buil~din__~q~_ and 'the amoun[ ot the Sewer Connection Fee hereby Imposed is reasonably and directly related to such benefit; 8) The City is confronted with an immediate need to provide for the extension of sewer plant facilities to adequately supply increased demands; 9) Continued unrestrained growth would seriously impair the City's ability to effectuate the goals and policies of the City's General Plan and will have a material adverse effect on the health and welfare of the citizens of the City; and 10) For the purpose of establishing a Sewer Connection Fee within the Sewer Connection Fee Area, City Staff have prepared a Cost and Reimbursement Report setting forth the basis for calculating such Fee. P~qe 3 of 5 Section 3. Establishment of Sewer Connection Fee. Pursuant to Section 26-58 of the Municipal Code of the City of Fontana, the City Council hereby establishes a Sewer Connection Fee of Three Thousand Eight Hundred Four Dollars ($3,804) for each Equivalent Dwelling Unit, or fraction thereof, applicable to the structure for which an application for a building permit within the Sewer Connection Fee Ar is submitted to the City. The Sewer o 0 e ~ 9- The sewer'connection fees may be paid to the City on the dates and in the amounts as set forth in the following schedule: Sewer Connection Fee Payment Schedule Dollar Amount , of Sewer Connection Payment Date Fee Per (On or Before) Dwelling Unit June 30, 1990 3,804 00 June 30, 1991 4,184 00 June 30, 1992 4,602 00 June 30, 1993 5,062 00 june 30, 1994 5,159 00 June 30, 1995 5,674 00 June 30, 1996 6,241 00 June 30, 1997 6,865 00 June 30, 1998 7,551 00 June 30, 1999 8,306 00 Section 4. Calculation of Equivalent Dwelling Units. For purposes of determining the amount of payment of Sewer Connection Fees due the City pursuant to Section 26-58 of the Municipal Code of the City of Fontana and this Resolution, the City Engineer shall calculate the Equivalent Dwelling Units in accordance with the appropriate provisions of the Municipal Code of the City of Fontana. Paqe 4 ,Dr 5 Section 5. This Resolution shall take effect upon adoption. APPROVED AND ADOPTED thi.~ day of , 1989. Mayor of the City of Fontana (SEAL) ATTEST: City Clerk I, Martha Steenbock, City Clerk of the City of Fontana, California, do hereby certify that the foregoing resolution was duly and regularly adopted by the City Council of the City of Fontana at a regular meeting thereof, held on the day of , 1989, by the following vote to wit: AYES: NOES: ABSENT: City Clerk of the City of Fontana APPROVED AS TO LEGAL FORM AND ADEQUACY: City Attorney /4054F Page 5 of 5 Exhibit "A" Reimbursement Report Page 1 of 1 FONO0049-47/4053F/es 04/20/89 320 COST AND REIMBURSEMENT REPORT (Fontann Municipal Code Section 26-58) Proposed Resolution of Acceptance Setting Sewer Extension Cost and Reimbursement Rates This cost and reimbursement report has been prepared pursuant to Fontann Municipal Code Section 26-58 in connection with that certain proposed Resolution of Acceptance establishing sewer extension cost and reimbursement rates (the "Resolution Of Acceptance") which will be considered by the City Council of the City of Fontann, California,,at a regularly scheduled meeting of the City Council presently anticipated to be on May 2, 1989, at 6:00 p.m., in City Council chambers located at City Hall, 8353 Sierra Avenue, Fontann, California 92335. PURPOSE OF THE RESOLUTION The Resolution Of Acceptance proposes to impose certain sewer connection fees on new development or improvement f real property in a "~ort~on o~' the Fontann 6ateway Specific Plan A~ea o~ the City of Fontann, California (the "City'") as described in Exhibit "A" attached hereto (the "Sewer Connection Fee Area") . Fontann Municipal Code Section 26--58 provides in part that if a resolution of acceptance is to provide for reimbursement for sewer extension facilities, the superintendent shall, before the work is accepted, determine the cost thereof and prorate this cost against all of the land which, in his opinion, will ultimately benefit from the work. The proration shall be based upon frontage or such other method as, in the opinion of the superintendent, will provide an equitable sharing of costs. Fontana Municipal Code Section 26-58 further provides that the superintendent shall further determine the cost incurred by each person who has participated in the expense of the work. After considering the prOrata share of each such person's cost as based upon the benefit derived from the work, the superintendent shall finally determine the total maximum amount which any person shall subsequently be entitled to receive as a reimbursement from persons connecting to the work. On March 17, 1987, the Fontann Redevelopment Agency (the "Agency"), the City and Sierra Gateway Development, Inc., entered into a Restated Annexation and Participation Agreement (the "APA"). As provided in Exhibit "C'° to the APA, the parties thereto described certain sewer extension improvements to be financed. Said public improvements are attached hereto as Exhibit "B". On March 15, 1988, the Agency adopted its Resolution No. FRA-88-5, as amended (collectively herein, the "Resolution of Issuance"). Pursuant to the Resolution of Issuance, on March 21, 1988, the Agency issued its $15,300,000 Fontana Redevelopment Agency, Southwest Industrial Park Redevelopment Project, Tax Allocation Notes, Issue of 1988 (Public Improvement Projects) (the "Bonds"). In accordance with the APA and the Resolution of Issuance, the sewer extension improvements initially financed by the Bonds were to be reimbursed by proceeds of assessment district bonds. Such sewer extension improvements include the sanitary sewer extensions on the southside of Slover Avenue from the ~an Sevaine Channel to Mulberry Avenue and the sanitary sewer extensions along Mulberry Avenue. On March 21, 1989, the City Council adopted its Resolution of Intention to Make Acquisitions and Improvements in which certain acquisition and improvements., including the above mentioned sewer extensions, refer to the Engineer of Work for the purpose of making and filing a report in writing under and pursuant to the Municipal ImprOvement Act of 1913. The report described in said Resolution (the "Assessment District Report") has been made and filed and duly considered by the City Council in connection with the proposed Fontana Gateway Assessment District No. 89-1 (the "District"). City Staff has determined that the most equitable method for providing reimbursements from persons connecting to the work within the Sewer Connection Fee Area is to have such persons participate in the District or impose sewer connection charges in accordance with Fontana Municipal Code Section 26-58. EQUIVALENT DWELLING UNIT SYSTEM In connection with the sewer extension improvements for the Fontana Gateway Specific Plan Area, City Staff proposes the Equivalent Dwelling Unit (the "EDU") system as defined in the Fontana Municipal Code as the most equitable method of determining the amount of sewer connection charges to be imposed for development. This system allocates a specific number of EDU's for different types of development based upon the City's expected demand upon its services for each form of development. In accordance with Exhibit "B" attached hereto and incorporated herein by this reference, City Staff has determined that the added sewer extensions could provide services for 365.19 EDU's. Each EDU shall have a value of approximately $3,804 based on the estimated costs of financing as set forth below. ESTIMATED COSTS The cost of the above sewer extension improvements are presently estimated to equal approximately $737,819. SOURCE OF REVENUE The source of revenue focc providing for the above sewer extensions shall be assessments levied by the District or sewer connection charges under Fontana Municipal Code Section 26-58 and the Resolution of Acceptance. The fees shall be set on an annual basis and shall be determined by designating an EDU value for each form of development in accordance with Exhibit "C". Each new proposed development or improvement of real property which comes within the terms of the Resolution of Acceptance and this Estimated Cost and Reimbursement Report shall be assigned a number of EDU's relating to the nature and size of the improvement. The fee charged for such development shall be determined by multiplying the number of EDU's by the current annual value assigned to each EDU. The EDU values established by City Staff as described in Exhibit "C" hereto equals approximately $3,804 including a $600.00 charge per EDU for tertiary treatment capacity. The EDU value is derived by determining the costs of providing for the sewer extensions. The amount representing the costs to complete construction for such expansion equals $1,169,857 as shown on Exhibit "D" attached hereto and incorporated herein by this reference. Of the $1,169,857 construction and capital improvement costs~ an amount equal to $1,113,857 is allocated for the costs of sewer extensions, incidental costs and financing costs less investment earnings associated with bonds of the District. The remaining $56,000 represent the costs of administering the reimbursement program contemplated by the ResolutiOn of Acceptance and this Estimated Cost and Reimbursement Report in connection with the assessment district. - 5 -~ Method of Collection Each applicant for a commercial or industrial building permit shall pay to the City any applicable sewer connection fees upon the submission to the City of an application for a commercial or industrial building permit, which application is complete and in a form acceptable to the City. In the event the City accepts any payment of fees in connection with the submission of a building permit application which application is incomplete or not in a form satisfactory to the City, all payments made in connection with such application shall be returned to the applicant and such applicant shall be required to submit a complete and acceptable application, and, at the time of such submission~ shall pay any then applicable fees. All sewer service charges shall be paid on a monthly basis in accordance with the provisions of any applicable resolution of the City establishing sewer service fees. The sewer connection fees shall not apply to those properties within the boundaries of the District. For further details, refer to the text of Fontana Municipal Code Section 26-58 and the Resolution of Acceptance which are available for review during normal business hours at the Office of the City Clerk located at City Hail, 8353 Sierra Avenue, Fontana, California 92335 FONO0049-47/4053F/es 04/20/89 330 EXHIBIT "A" BOUNDARIES OF SEWER CONNECTION FEE AREA PROPOSED BOUNDARIES EXHIBIT "B" SIERRA PUBLIC IMPROVEMENTS AS FOUND IN THE APA RECORDING REQUESTED BY: R[CORDFD IN Fontana Redevelopment Agency OFFICIAL RECORDS AND WHEN RECORDED MAIL TO: ~ ; -- "" /~J ~ SAN 8E,~NARDINO ,l-/! CO., CALIF. Cit~ o~ ~o~tana ..... ~ Fontana RedevelopmenC Agency Z SV'! ! j .... 6FF 6__ __ 3353 Sierra Avenue ~ C Fonnana, CA 92335 DATED: March lj, 1987 ( 87-1 2350 SIERRA PUBLIC IMPROVEMENTS PHASE I 1A 1. Onsite: a. Streets A and B and Santa Ana Avenue b. Sanitary Sewer c. Storm Drain d. Chain Link Fence Adjacent: to San Sevaine Channel e. Water Lines f. Fire Hydrants , g. Gas Lines h. Electric Lines and Telephone Lines i. Street Lights j. Grading k. Parkway Landscaping and Screening (including screening of the so-called LSP Building on Slover Avenue and the so-called Wadco Building on Mulberry Avenue) 1. Signage and Associated Landscaping at the entrances to Sierra industrial Park m. Rail from Slover Avenue to the south property line of Sierra Industrial Park n. The loop street and the related public improvements which are south of Santa Ana Avenue 2. Offsite: a. South side of Slover Avenue from San Sevaine Channel to Mulberry Avenue: i. Street ii. Power Poles iii. Sanitary Sewer iv. StOrm Drain v. Fire Hydrants vi. Street Lighting vii. Parkway Landscaping b. Slover Avenue All-Weather Crossing c. Mulberry Avenue Sanitary Sewer (_ 3. Up to $1,200,000.00 of the cost of Fire Station No. 7, including land costs. · ' 87-1 52350 ~ 4. Up tO $150,000.00 of the cost of a 1,000 square foot en- closed annex to Fire Station No. 7, for use as a police contact station. 1B 1. Offsite: a. South Side of Slover Avenue West of San Sevaine Channel i. Street ii. P__w~I~Oj.e~_.._~ . iii~Sanitary Sew~ v. Fire Hydrants vi. Street Lighting vii. Parkway Landscaping .b. Traffic Signal at the Intersections of Slover Avenue and Mulberry Avenue c. North Side of Slover Avenile from Etiwanda Avenue to San Sevaine Channel i. Street C ii. Power Poles iii. Storm Drain iv. Fire Hydrant v. Street Lights vi. Parkway Landscaping d. North Side of Slover Avenue from San Sevaine Channel to Mulberry Avenile i. Street ii. Power Poles iii. Storm Drain iv. Fire Hydrant v. Street Lights vi. Parkway Landscaping e. Both Sides of Mulberry Avenue from Slover Avenue to Jurupa Basin i. Street ii. Power Pole Relocation iii. Storm Drain iv. Fire Hydrant v. Street Lights vi. Parkway Landscaping 2. Slover Avenue Right-of-Way Acquisition 3. Gateway Signage and Associated Landscaping 87-1523 0 ( 1. The Sierra Public Improvements are graphically presented in the Specific Plan. 2. All or part of the loop street and the related public im- provements, which are south of Santa Aria Avenue and which are designated as part of Phase IA, may or may not be de- veloped, at Developer's option and, if developed, may be phased as Developer determines. 3. Rail from Slover Avenue to the south property line of Sierra Industrial Park, which is designated as part of Phase IA, may or may not be developed, at Developer's option, and, if developed, may be phased as Developer determines. EXHIBIT "C" SEWER EXTENSION COST REPORT EXHIBIT "D" FONTANA GATEWAY SEWER EXTENSION PROJECT DESCRIPTION OF FACILITIES AND COST ESTIMATE Slover Avenue Bid $ 46,581.00 Change Order 5,427.00 Mulberry Avenue Bid 490,396.00 Change Order 99,291.00 Change Order 95,600.00 Change Order 7,374.00 Change Order = $ 10,426.00 Contingency = 27,120.00 Oversizing = ( 44,396.00J ESTIMATED IMPROVEMENT COST = $ 737,819.00 INCIDENTALS = $ 231,237.00 FINANCING COSTS = $ 178,217.00 SUBTOTAL $1,147,273.00 IMPROVEMENT FUND EARNINGS = ( 33,416.00) SUBTOTAL (Assessment District Financing) $1,113,857.00 INCIDENTAL EXPENSES (Approximately 5% of Subtotal) 56,000.00 TOTAL $1,169,857.00 DRAFT FONO0049-51/4 190F/es 07/20/89 0950 ADMINISTRATION SCHEDULE SEWER CONNECTION FEE AND FONTANA GATEWAY ASSESSMENT DISTRICT NO. 89-1 BOND COUNSEL RESPONSIBILITIES DATE ACTION 05/23/89 I. Record Notice of Assessment A. Streets and Highways Code S 3114 and ~ 10402.5 B. Within 15 days after protest hearing C. Assessor's parcel numbers and name of owners for ail parcels (latest assessment roll) 06/13/89 II. File with California Debt Advisory Commission A. 30 days prior to sale -- Gov't Code ~ 8855(g) B. Report of final sale -- updates the 30-day notice CITY RESPONSIBILITIES As Required III. Sewer connection fee imposed by Resolution No. adopted by the City Council on May 2, 1989. Allow landowners to apply for building permits. If landowner is outside of the District, landowner must pay the sewer connection fee (tertiary treatment capacity and sewer extension components) in cash. If landowner is within the District, pending resolution of Bernardino County Superior Court Case No. 250098, landowner must pay the tertiary treatment ? capacity component in cash and ~m~ay post a bond ~ "~'~" ~ for the amount of the sewer extension component~ A. Department should be designated to collect and implement sewer connection fee. B. All cash proceeds attributable to the payments ef the sewer extension component by landowners outside of the District are to be kept by the City Treasurer in a special account and J~J?~/~ should be used first to reimburse the City fnr /~0~ ~;/(J~ the costs of implementinq th~ sewer connection '~ ' ~ee, then to offset the annual assessment for a~nistrative expenses of the District. - 1 - DATE ,~ ACTION C. Landowners within the District may deposit .,"' cash or use the bond in connection with the sewer e~_ extension component to prepay the sewer ~,~ ~ connection fee portion of his assessment but only · ~ ~.~-~ with the consent of the City Treasurer. ~'~ D. All cash proceeds attributable to the sewer extension component by landowners within the District al-~e to be kept by the City Treasurer in a special accourlt and shall be used to either 1) offset the annual assessment for administrative expenses or 2) reimburse the City for contributions to the assessment district. 5/1 of each IV. Preparation of Annual Sewer Connection Fee year and Special Assessment Administrative Cost Report A. Database 1. Assessor's parcel numbers and amounts of sewer connection fees paid during past year B. Sewer Connection Fee and Special Assessment Administrative Cost Report 1. Designate department responsible for report 2. Report should be presented at same time each year, possibly at same time maintenance assessment district and community facilities district reports are prepared 3. Contents (suggested) (a) Narrative explanation of status of co].lection of sewer connection fees and administration of the district (b) Relevant or noteworthy data (1) debt service needs (2) reserve fund deficiency, if any (3) delinquencies in payments on the bonds DATE ACTION (4) expense account balance (5) redemption account balance (6) other funds available (A) funded interest (B) future debt service funds (C) contributions from other sources (c) Computation of administrative costs (1) county fees for collection of assessment, reporting of delinquencies and other services to the district (2) fees for the preparation of the report (3) fiscal or paying agent fees (4) arbitrage calculation and reporting fees (5) issuer administrative costs (A) personnel costs (B) accounting costs (d) Deduct amounts on deposit in the sewer connection fee account (if proceeds of sewer connection fee are used for this purpose) (e) The end product: tax roll containing Assessor's parcel numbers (as of March 1) and dollar amounts (1) paper list (2) magnetic tape or disk (3) other form as county may request DATE ACTION First City V. Levy of' the Special Assessment for Administrative Council Meeting Costs of June each year A. Presentation Of the Annual Sewer Connection Fee and Special Assessment Administrative Cost Report to the legislative body B. Levy (by resolution at the first meeting in June)-- ~ 10312(b) On or before VI. Delivery o~ Special Assessment Administrative 8/1 of each Cost Roll to County Auditor on Time year A. May be flexible on this date As received VII. Handling Special Assessment Proceeds from County; proceeds received A. Expense account is funded only after debt each 1/15 and service amounts are collected and deposited 5/15, approxi- in redemption fund mately B. Arbitrage Considerations 1. Instructions in bond resolution and closing documents 2. Can insulate expense account from arbitrage (never to be used to pay debt service) 3. City will want to retain a consultant to do annual arbitrage calculations 4. Currently separate funds and keep complete records 5. Federal tax regulations may let City commingle funds with other City monies provided proper records are kept and earnings are distributed pro rata 6. Direct investments 7. Remit rebate to the United States every 5 years (c,r more often) and within 60 days of final maturity - 4 - DATE ACTION As prepay- ment VIII. Payoff Requests requests are made by land- owners A. Designate department to calculate prepayments B. Receive Application for a payoff amount 1. Calculate the payoff amount according to prepayment schedule 2. Require the payment of administrative costs and expenses to accompany the application 3. Use proceeds to retire bonds C. Release of lien must be recorded -- Streets and Highways Code Section 8687 COUNTY RESPONSIBILITIES IX. General Duties 05/23/89 A. Receive and record the Notice of Assessment Streets and Highways Code §§ 3114.5 and 10402.5) -- the City may be charged the County's cost for this (Streets and Highways Code S 3116), this amount should be built into the administrative cost formula as calculated in Section IV(B) Each 11/1 and 4/1 B. Collect and enforce payment in the normal way including proportionate sharing of penalties and interest (the City may be charged the County's cost for this; this amount should be built into the administrative cost formula) Each 1/15 and 5/15 C. Special assessment proceeds are remitted to City and City makes deposit into redemption fund DATE ACTION Each 5/31 D. County should report delinquencies to the City "at the close of each tax collecting period~ promptly" (by the end of May, at latest -- the City may be charged the County's cost for this; this amount should be built into the formula) As required E. County should remove special taxes from the roll when instructed to do so by the City (City instituting foreclosure action -- the City may be charged the County's cost for this) FONO0049-51/4190F 7/20/89 9:50