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HomeMy WebLinkAbout1980-01-15 COUNTY SANITATION DISTRICTS f� . AREA CODE 714 o 540-2910 OF ORANGE COUNTY, CALIFORNIA 9 62-2411 P. ❑. BOX 8127. FOUNTAIN VALLEY, CALIFORNIA 9270E 10844 ELLIS AVENUE (EUCLID OFF-RAMP. SAN DIEG❑ FREEWAY January 10 , 1980 NOTICE OF ADJOURNED REGULAR MEETING DISTRICT NO , 5 TUESDAY, JANUARY 15, 1980 - 3 :00 P , M, NEWPORT BEACH CITY HALL ANNEX UPSTAIRS CONFERENCE ROOM 3300 NEWPORT BOULEVARD NEWPORT BEACH, CALIFORNIA Pursuant to adjournment of the regular meeting of January 9 , 1980 , the Board of Directors of County Sanitation District No. 5 will meet in an adjourned regular meeting at the above hour and date for further consideration of matters relative to service for the Big Canyon drainage area. i/,4,z cre ry JWS :rb BOARDS OF DIRECTORS County Sanitation Districts Post Office Box 8127 of Orange County, California 10844 Ellis Avenue Fountain Valley, Calif., 92708 Telephones: 14 DISTRICT No. 5 A 40 910 962-2411 IIAGENDA ADJOURNED REGULAR MEETING JANUARY 15, 1980 - 3 :00 P.M. NEWPORT BEACH CITY HALL (1) Roll call (2) Consideration of motion to receive and file letter from Pacific Mutual Life Insurance Company dated January 9, 1980, re sewer service for Block 800 in Newport Center. See page "A" (3) Consideration of motion to receive and file letter from The Irvine Company dated January 9, 1980, concerning proposed actions re sewer service for the Big Canyon drainage area. See page _ "B" (4) Staff report re proposed establishment of zones for drainage areas within the District and sewer connection fees for properties within Zone 2 (Big Canyon drainage area) (5) Report of General Counsel re proposed ordinance establishing separate zones for drainage areas within the District and connection fees therefor, and temporary suspension of issuance of sewer connection permits in Zone 2 (Big Canyon drainage area) (6) Consideration of roll call vote adopting Ordinance No. 510, an Urgency Ordinance of the Board of Directors of County Sanitation District No. 5 of Orange County, Amending Ordinance No. 508, as Amended, Establishing Separate Zones for Drainage Areas Within the District, Establishing a Schedule of Fees for Issuance of Sewer Connection Permits and Temporarily Suspending the Issuance of Sewer Connection Permits in Zone 2. (Draft Ordinance under revision. Copies to be distributed at meeting) (7) Consideration of Resolution No. 80-19-5, adopting a policy concerning the advance payment of connection fees and approving reimbursement agreements for repayment of advanced construction costs. See page "C" (8) Consideration of motion -to continue consideration of Resolution No. 80-20-5, approving agreement with Daon Corporation for advance payment of connection fees and other monies to District to aid in construction of the Big Canyon - Jamboree Trunk Sewer, to the regular meeting of the Board on February 13, 1980 t ___ -s (9) Consideration of motion directing the General Manager and General Counsel to commence negotiations for an agreement with The Irvine Company for the advance payment of connection fees and other monies re construction of Big Canyon - Jamboree Trunk Sewer (10) Other business and communications, if any (11) Consideration of motion to adjourn s -2- / 1 STEPHEN D. GAVIN VICE PRESIDENT AND CORPORATE RELATIONS OFFICER PACIFIC MUTUAL 700 NEWPORT CENTER DRIVE NEWPORT BEACH,CALIFORNIA 92660 January 9, 1980 Board of Directors Orange County Sanitation District Number 5 10844 Ellis Avenue Fountain Valley, California 92708 Dear Board Members: It has recently come to our attention that Orange County Sanitation District Number 5 will tonight be considering imposing a moratorium on sewer hookup connections in an area which includes the site known as Block 800 in Newport Center, Newport Beach, which Pacific Mutual Life Insurance Company owns and which is the site for our corporate expansion office building project. The City of Newport Beach on April 23, 1979 granted final approvals of our applications to construct two -seven-story office buildings. Our proposed plans have long included and indeed our approval from the City contains specific references to our establishing sewer connections to the trunk line in Newport Center Drive and not to the trunk line in Jamboree Road. Also, it is our understanding that our intentions and project plans to take sewer service from the Newport Center Drive trunk line have been previously reviewed by the Sani- tation District staff. During the environmental review of our project, the Sanitation District staff notified the City that sewer capacity was and would be available in the Newport Center Drive trunk line and that the staff expressed no objections to our taking service from the Newport Center Drive trunk line. For your information, we attach correspondence from the District on this matter. "A-1" AGENDA ITEM #2 - DISTRICT 5 "A-1" Board of Directors Orange County Sanitation District Number 5 January 9, 1980 Page Two We have spent and are continuing to spend considerable time and money in reliance upon our approvals to develop final engineering and architectural plans for our project. For reasons that I am sure you will appreciate, it is un- fair at this time to subject us to this moratorium solely because our property could have been served by sewer facili- ties in Jamboree Road. As stated above, we do not plan to dispose of our sewer waste into the Jamboree Road facility and, therefore, subjecting us to your moratorium is in- appropriate. We urgently request you to revise the proposed plan for moratorium and the ordinances or resolutions re- flecting such moratorium so as to exclude our property in Block 800 in Newport Center and our proposed project on such property from the proposed moratorium. Sincerely, Stephen D. tavi n ' �� ..L C ' SDG:sa Enclosures cc: Board Members District General Manager District Engineer "A-2" AGENDA ITEM *2 - DISTRICT 5 "'A-2"' THE IRVINE COI1 PAW 550 Newport Center Drive, P.O. Box Newport Beach, California 92663 (714) 644-3011 January 9, 1980 Orange County Sanitation District No. 5 Board of Directors County Sanitation Districts of Orange County P. 0. Box 8127 10844 Ellis Avenue Fountain Valley, CA 92708 Attention: Mr. Paul Ryckoff, Chairman Subject: Big Canyon Drainage Area Jamboree Trunk Sewer Dear Chairman Ryckoff: This letter is in response to the proposal that the OCSD No. 5 Board of Directors establish a moratorium on sewer connections in the Big Canyon drainage area and increase connection fees on remaining development by approximately 240% to finance a relief sewer. Although there may be no alternative to this action at the present time, it is unfortunate that after more than five years of effort, the Sanitation District has been unable to implement a crucial component of its adopted master plan. As a result, tax-paying property owners and future homeowners and tenants will bear the consequences of the proposed action. Based upon our review of the District staff report and our knowledge of this situa- tion, The Irvine Company requests that the following items be considered concerning this matter: 1. Project Alternatives. If the OCSD imposes a sewer connection moratorium, it has a responsibility to implement a solution at the earliest possible date. The Back Bay gravity sewer may be the best technical and most economical solution, however, it was rejected by the Coastal Commission on the basis of environmental considerations. As one of the property owners affected by the moratorium, we are deeply concerned that the only course of action not be to pursue this same project, which may involve a time consuming and unsuccessful attempt to reverse the previous Coastal Commission action. While we concur with requesting reconsideration of the Back Bay gravity sewer we do so with the stipulation that this be accompanied by a request to approve the alternative Jamboree Road Pump Station/Force Main project and not result in delay of progress towards a solution. "B-1" AGENDA ITEM #3 - DISTRICT 5 "B-P Orange County Sanitation District No. 5 January 9, 1980 Page Two We recommend that these two projects be submitted concurrently for a decision. Finally, we strongly urge that the OCSD staff establish a schedule for action on these projects and be required to report their progress on the schedule monthly to the Board. 2. Connection Fee Increase. Orange County Sanitation District over the years, has collected substantial connection fees for development in the Big Canyon Drainage area. The Back Bay Trunk Sewer has been reflected in the District's master plan since 1969 and was to be financed from such connection fees. The District has a responsibility to establish service plans and financing programs equitable to its constituents. This does not appear to be the case in the current circumstances. The remaining 25% of undeveloped land should not be assessed 150% of the cost of the master plan sewer which has been planned for many years to serve the entire area. If the OCSD has a funding deficiency, the equitable solution would be to increase connection fees only by the amount necessary to finance the current project. That is, current connection fees of $250/du and $130/1000sf would be credited towards financing of the project. 3. Moratorium/Project Exemptions. It is contemplated that some projects, for which all planning has been completed, will be exempted from the moratorium. The "Exception" as defined in the proposed ordinance is based on projects which have "received final planning and zoning approvals of the City of Newport Beach". ,We agree that such exemptions are appropriate. The OCSD has had adequate notice regarding the progress of such projects and it would be inappropriate to deny connections at this late date. It should be noted that in addition to the projects cited for exception in the staff report, Civic Plaza has also met the stated requirements. A final map for this project was recorded in 1976 facilitating construction of a Library and Art Museum on the site. In August 1979, plans for another two buildings (70,OOOsf) were submitted to the City of Newport Beach and are undergoing plan check prior to issuance of a building permit. lice remaining 70% is subject only to a traffic phasing plan which was recently approved by the City Planning Commission and will be reviewed by the City Council on February 10, 1980. The site has been graded and erosion control facilities installed. To date more than $1,000,000 has been invested in this project. We propose to proceed with this development and . anticipate occupancies in mid 1981, approximately 18 months from now. We firmly believe that this project qualifies for exception. It should also be noted that it only affects the lower reaches of the existing gravity sewer in Jamboree and does not affect the pump station, itself. 4. Interim Solutions. Individual projects, depending upon their size and location may have alternative or interim solutions which would not adversely affect the existing facility. As an example, we understand that Pacific Mutual may connect to the Newport Center system by means of a temporary pumping station. It is recommended that the Urgency Ordinance be amended to incorporate provision for such interim measures to enable projects to proceed if they do not accentuate the current sewer problem. "B-2" AGENDA ITEM #3 - DISTRICT 5 "B-2" i Orange County Sanitation District No. 5 January 9, 1980 Page Three In our continuing effort to cooperate with the District in resolving this problem, we reiterate our willingness, in cooperation with DAON or other interested property gad owners, to advance the funds to implement either the Back Bay gravity line or Jamboree Pump Station/Force Main as may be appropriate. In addition, we will dedi- cate an easement through the mouth of Big Canyon for the Back Bay sewer at no cost to the OCSD if that is the approved project. We request that the OCSD act prudently and expediously to implement a project and conclude the moratorium at the earliest possible time. We are extremely concerned that a well intentioned desire for the "best project" not inadvertently result in costly and unfair delays to property owners due to the attempt to obtain approval of a project which may still prove to be environmentally unacceptable. Sincerely, L(/ or ay e W. Stiles Dir . for. of Engineering DWS/nb cc: Fred Harper, General Manager, OCSD `..1 1-3" AGENDA ITEM #3 - DISTRICT 5 "B-3" RESOLUTION NO. 80-19-5 ADOPTING DISTRICT POLICY RE ADVANCE PAYMENT OF CONNECTION FEES AND REIMBURSEMENT AGREEMENTS A RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 5 OF ORANGE COUNTY, CALIFORNIA, ADOPTING A POLICY CONCERNING THE AD- VANCE PAYMENT OF CONNECTION FEES AND APPROVING RE- IMBURSEMENT AGREEMENTS FOR REPAYMENT OF ADVANCED CONSTRUCTION COSTS WHEREAS, the District has completed a study of its master planned trunk sewer facilities; and, WHEREAS, the District has adopted Ordinance No. 510, establishing three separate zones within the District; and, WHEREAS, the District has determined that Zone 2 (Big Canyon - Jamboree Road Drainage Area) is in need of additional trunk line facilities in order to allow any further land development within the Zone; and, WHEREAS, the District has determined that it has inadequate financial means at the present time to pay the anticipated costs of the additional necessary trunk sewer facilities within Zone 2; and, WHEREAS, District has determined that certain land owners within Zone 2 may be willing to finance the cost of construction of said new trunk sewer facilities, provided they receive credits against any connection charges that become due to the District in the future and are reimbursed by the District for any costs which exceed their liability for connection fees; and, WHEREAS, the District has determined that to allow the construction to be undertaken with funds provided as advance connection fees by property owners.will minimize the total cost of construction and provide a benefit to all residents of the District. NOW, THEREFORE, the Board of Directors of County Sanitation District 1 "C-1" AGENDA ITEM #7 - DISTRICT 5 "C-1" No. 5, does hereby FIND, ORDER and RESOLVE as follows: SECTION 1: That the declarations and findings set forth above are found to be true and correct and are incorporated hereat as operative provisions of this Resolution. SECTION 2: That it is the declared policy of this District to accept payment of funds from property owners of the District, either as advance payment of future connection charges due to the District or as aid in construc- tion of facilities. Any such funds received by the District shall be used exclusively for construction of necessary master planned trunk sewers and facilities, which facilities shall serve, at least in part, properties owned by contributing owners. SECTION 3: That it is the declared policy of the District to reimburse to any property owner who provides funds to the District as an aid to construction, any amounts paid to District in excess of any liability to the District for �..s/ connection charges. Said reimbursement shall be made by District to the property owner at such time as District is legally and financially able to do so. SECTION 4: Upon any owner offering to pay funds to the District as an aid to construction, the District and owner shall enter into a written agreement specifying all the terms and conditions of such payment and shall include, but not be limited to, provisions pertaining to the time of repayment and for applying a portion of connection fees paid by owner to the repayment of the obligation owing by District under the terms of said agreement. PASSED AND ADOPTED by the Board of Directors of County Sanitation District No. 5 at a regular meeting held this 9th day of January, 1980. TLW:pj O1/02/80 O1/09/80 2 "C-2" AGENDA ITEM #7 - DISTRICT 5 "C-2" BOARDS OF DIRECTORS County Sanitation Districts Post Office Box 8127 of Orange County, California 10844 Ellis Avenue Fountain Valley, Calif., 92708 Telephones: ..r Area Code 714 DISTRICT No. 5 9540-2910 62-2411 IIAGENDA ADJOURNED REGULAR MEETING JANUARY 15, 1980 - 3 :00 P . M. NEWPORT BEACH CITY HALL (1) Roll call (2) Consideration of motion to receive and file letter from Pacific Mutual Life Insurance Company dated January 9, 1980, re sewer service for Block 800 in Newport Center. See page "A" (3) Consideration of motion to receive and file letter from The Irvine Company dated January 9, 1980, concerning proposed actions re sewer service for the Big Canyon drainage area. See page "B" (4) Staff report re proposed establishment of zones for drainage areas within the District and sewer connection fees for properties within Zone 2 (Big Canyon drainage area) 6l�'}- 1W r°-4, (5)r�_,�'Report of General Counsel re proposed ordinaffte�establishing separate zones for drainage areas within the District and connection fees therefor, and temporary suspension of issuance of sewer connection permits in Zone 2 (Big Canyon drainage area) (6) Consideration of roll call vote adopting Ordinance No. 510, an Urgency Ordinance of the Board of Directors of County Sanitation District No. 5 jj of Orange County, Amending Ordinance No. 508, as Amended, Establishing L Separate Zones for Drainage Areas Within the District, Establishing a Schedule of Fees for Issuance of Sewer Connection Permits and Temporarily Suspending the Issuance of Sewer Connection Permits in Zone 2. (Draft Q" Ordinance under revision. Copies to be distributed at meeting) (7) Consideration of Resolution No. 80-19-5, adopting a policy concerning the advance payment of connection fees and approving reimbursement agreements for repayment of advanced construction costs. . See page "C" ' L_:a (8) Consideration of motion to -i n- of- Resolution No. 80-20-5, approving agreement with Daon Corporation for advance payment of connection fees and other monies to District to aid in construction of the Big Canyon - �, Jamboree Trunk Sewer, to the regular meeting of the Board on February 13, 1980 Y � (9) Consideration of motion directing the General Manager and General Counsel to commence negotiations for an agreement with The Irvine Company for the advance payment of connection fees and other monies re construction of Big Canyon - Jamboree Trunk Sewer (10) Other business and communications, if/ a�nyy, 11) Consideration of motion to adjourn ZL A tA /AtR u U � Al� r "Z STEPHEN D. GAVIN VICE PRESIDENT AND CORPORATE RELATIONS OFFICER PACIFIC MUTUAL 700 NEWPORT CENTER DRIVE NEWPORT BEACH,CALIFORNIA 92660 January 9, 1980 Board of Directors Orange County Sanitation District Number 5 10844 Ellis Avenue Fountain Valley, California 92708 Dear Board Members: It has recently come to our attention that Orange County Sanitation District Number 5 will tonight be considering imposing a moratorium on sewer hookup connections in an area which includes the site known as Block 800 in Newport Center, Newport Beach, which Pacific Mutual Life Insurance Company owns and which is the site for our corporate expansion office building project. The City of Newport Beach on April 23, 1979 granted final approvals of our applications to construct two seven-story office buildings. Our proposed plans have long included and indeed our approval from the City contains specific references to our establishing sewer connections to the trunk line in Newport Center Drive and not to the trunk line in Jamboree Road. Also, it is our understanding that our intentions and project plans to take sewer service from the Newport Center Drive trunk line have been previously reviewed by the Sani- tation District staff. During the environmental review of our project, the Sanitation District staff notified the City that sewer capacity was and would be available in the Newport Center Drive trunk line and that the staff expressed no objections to our taking service from the Newport Center Drive trunk line. For your information, we attach correspondence from the District on this matter. t.w' "A-1" AGENDA ITEM #2 - DISTRICT 5 "A-1" r Board of Directors Orange County Sanitation District Number 5 January 9, 1980 Page Two We have spent and are continuing to spend considerable time and money in reliance upon our approvals to develop final engineering and architectural plans for our project. For reasons that I am sure you will appreciate, it is un- fair at this time to subject us to this moratorium solely because our property could have been served by sewer facili- ties in Jamboree Road. As stated above, we do not plan to dispose of our sewer waste into the Jamboree Road facility and, therefore, subjecting us to your moratorium is in- appropriate. We urgently request you to revise the proposed plan for moratorium and the ordinances or resolutions re- flecting such moratorium so as to exclude our property in Block 800 in Newport Center and our proposed project on such property from the proposed moratorium. Sincerely, Stephen D. Gavin -C C ' SDG:s a Enclosures cc: Board Members District General Manager District Engineer "A-2" AGENDA ITEM *2 - DISTRICT 5 "A-2" 71l-�E IRVINE QOMPANY 550 Newport Center Drive, P.O. Box I Newport Beach, California 92663 (714) 644-3011 January 9, 1980 Orange County Sanitation District No. 5 Board of Directors County Sanitation Districts of Orange County P. 0. Box 8127 10844 Ellis Avenue Fountain Valley, CA 92708 Attention: Mr. Paul Ryckoff, Chairman Subject: Big Canyon Drainage Area Jamboree Trunk Sewer Dear Chairman Ryckoff: This letter is in response to the proposal that the OCSD No. 5 Board of Directors establish a moratorium on sewer connections in the Big Canyon drainage area and increase connection fees on remaining development by approximately 240% to finance a relief sewer. Although there may be no alternative to this action at the present time, it is unfortunate that after more than five years of effort, the Sanitation District has been unable to implement a crucia.1 component of its adopted master plan. As a result, tax-paying property owners and future homeowners and tenants will bear the consequences of the proposed action. Based upon our review of the District staff report and our knowledge of this situa- tion, The Irvine Company requests that the following items be considered concerning this matter: 1. Project Alternatives. , If the OCSD imposes a sewer connection moratorium, it has a responsibility to implement a solution at the earliest possible date. The Back Bay gravity sewer may be the best technical and most economical solution, however, it was rejected by the Coastal Commission on the basis of environmental considerations. As one of the property owners affected by the moratorium, we are deeply concerned that the only course of action not be to pursue this same project, which may involve a time consuming and unsuccessful attempt to reverse the previous Coastal Commission action. While we concur with requesting reconsideration of the Back Bay gravity sewer we do so with the stipulation that this be accompanied by a request to approve the alternative Jamboree Road Pump Station/Force Main project and not result in delay of progress towards a solution. "B-1" AGENDA ITEM #3 - DISTRICT 5 "B-I" Orange County Sanitation District No. 5 January 9, 1980 Page Two We recommend that these two projects be submitted concurrently for a decision. Finally, we strongly urge that the OCSD staff establish a schedule for action on these projects and be required to report their progress on the schedule monthly to the Board. 2. Connection Fee Increase. Orange County Sanitation District over the years, has collected substantial connection fees for development in the Big Canyon Drainage area. The Back Bay Trunk Sewer has been reflected in the District's master plan since 1969 and was to be financed from such connection fees. The District has a responsibility to establish service plans and financing programs equitable to its constituents. This does not appear to be the case in the current circumstances. The remaining 25Z of undeveloped land should not be assessed 150% of the cost of the master plan sewer which has been planned for many years to serve the entire area. If the OCSD has a funding deficiency, the equitable solution would be to increase connection fees only by the amount necessary to finance the current project. That is, current connection fees of $250/du and $130/1000sf would be credited towards financing of the project. 3. Moratorium/Project Exemptions. It is contemplated that some projects, for which all planning has been completed, will be exempted from the moratorium. The "Exception" as defined in the proposed ordinance is based on projects which have "received final planning and zoning approvals of the City of Newport Beach". ,We agree that such exemptions are appropriate. The OCSD has had adequate notice regarding the progress of such projects and it would be inappropriate to deny connections at this late date. It should be noted that in addition to the projects cited for exception in the staff report, Civic Plaza has also met the stated requirements. A final map for this project was recorded in 1976 facilitating construction of a Library and Art Museum on the site. In August 1979, plans for another two buildings (70,000sf) were submitted to the City of Newport Beach and are undergoing plan check prior to issuance of a building permit. lire remaining 70% is subject only to a traffic phasing plan which was recently approved by the City Planning Commission and will be reviewed by the City Council on February 10, 1980. The site has been graded and erosion control facilities installed. To date more than $1,000,000 has been invested in this project. We propose to proceed with this development and _ anticipate occupancies in mid 1981, approximately 18 months from now. We firmly believe that this project qualifies for exception. It should also be noted that it only affects the lower reaches of the existing gravity sewer in Jamboree and does not affect the pump station, itself. 4. Interim Solutions. Individual projects, depending upon their size and location may have alternative or interim solutions which would not adversely affect the existing facility. As an example, we understand that Pacific Mutual may connect to the Newport Center system by means of a temporary pumping station. It is recommended that the Urgency Ordinance be amended to incorporate provision for such interim measures l�l to enable projects to proceed if they do not accentuate the current sewer problem. "B-2" AGENDA ITEM #3 - DISTRICT 5 "B-2" Qrz�tnge County Sanitation District No. 5 January 9, 1980 Page Three In our continuing effort to cooperate with the District in resolving this problem, we reiterate our willingness, in cooperation with DAON or other interested property owners, to advance the funds to implement either the Back Bay gravity line or Jamboree Pump Station/Force Main as may be appropriate. In addition, we will dedi- cate an easement through the mouth of Big Canyon for the Back Bay sewer at no cost to the OCSD if that is the approved project. We request that the OCSD act prudently and expediously to implement a project and conclude the moratorium at the earliest possible time. We are extremely concerned that a well intentioned desire for the "best project" not inadvertently result in costly and unfair delays to property owners due to the attempt to obtain approval of a project which may still prove to be environmentally unacceptable. Sincerely, ay e W. Stiles Dir for of Engineering DWS/nb cc: Fred Harper, General Manager, OCSD "B-3" AGENDA ITEM #3 - DISTRICT 5 "B-311 r RESOLUTION NO. 80-19-5 ADOPTING DISTRICT POLICY RE - ADVANCE PAYMENT OF CONNECTION FEES AND REIMBURSEMENT AGREEMENTS A RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 5 OF ORANGE COUNTY, CALIFORNIA, ADOPTING A POLICY CONCERNING THE AD- VANCE PAYMENT OF CONNECTION FEES AND APPROVING RE- IMBURSEMENT AGREEMENTS FOR REPAYMENT OF ADVANCED CONSTRUCTION COSTS WHEREAS, the District has completed a study of its master planned trunk sewer facilities; and, WHEREAS, the District has adopted Ordinance No. 510, establishing three separate zones within the District; and, WHEREAS, the District has determined that Zone 2 (Big Canyon - Jamboree Road Drainage Area) is in need of additional trunk line facilities in order to allow any further land development within the Zone; and, WHEREAS, the District has determined that it has inadequate financial means at the present time to pay the anticipated costs of the additional necessary trunk sewer facilities within Zone 2; and, WHEREAS, District has determined that certain land owners within Zone 2 may be willing to finance the cost of construction of said new trunk sewer A-- /L¢i,v fry c Le v facilities, provided they receive—cr-edits against any connection charges that become due to the District in the future and are reimbursed by the District for any costs which exceed their liability for connection fees; and, WHEREAS, the District has determined that to allow the construction to be undertaken with funds provided as advance connection fees by property owners will minimize the total cost of construction and provide a benefit to all residents of the District. NOW, THEREFORE, the Board of Directors of County Sanitation District I "C-1" AGENDA ITEM #7 - DISTRICT 5 "C-1" r No. 5, does hereby FIND, ORDER and RESOLVE as follows: �..� SECTION 1: That the declarations and findings set forth above are found to be true and correct and are incorporated hereat as operative provisions of this Resolution. SECTION 2: That it is the declared policy of this District to accept payment of funds from property owners of the District, either as advance payment of future connection charges due to the District or as aid in construc- tion of facilities. Any such funds received by the District shall be used exclusively for construction of necessary master planned trunk sewers and facilities, which facilities shall serve, at least in part, properties owned by contributing owners. SECTION 3: That it is the declared policy of the District to reimburse to any property owner who provides funds to the District as an aid to construction, any amounts paid to District in excess of any liability to the District for connection charges. Said reimbursement shall be made by District to the property owner at such time as.District is legally and financially able to do so. SECTION 4: Upon any owner offering to pay funds to the District as an aid to construction, the District and owner shall enter into a written agreement specifying all the terms and conditions of such payment and shall include, but not be limited to, provisions pertaining to the time of repayment and for applying a portion of connection fees paid by owner to the repayment of the obligation owing by District under the terms of said agreement. PASSED AND ADOPTED by the Board of Directors of County Sanitation District No. 5 at a regular meeting held this 9th day of January, 1980. `�•►` TLW:P) O1/02/80 01/09/80 2 "C-2" AGENDA ITEM #7 - DISTRICT 5 "C-2" COUNTY SANITATION DISTRICTS of ORANGE COUNTY, CALIFORNIA P.O. BOX 8127 10844 ELLIS AVENUE FOUNTAIN VALLEY, CALIFORNIA 92708 January15 19 8 0 962(714) -21 � (714) 62-2411 S T A F F R E P O R T BIG CANYON DRAINAGE AREA Following is an updated summary of the status of developable land within the Big Canyon Drainage Area. The numbers are keyed on the attached aerial map. Numbers shown with an asterisk are recommended for exclusion from the temporary suspension of sewer connection availability. *1. Harbor Ridge Residential Development: Approved tract map with 320 planned dwellings of which 245 are complete or under construction. Recommend exclusion from temporary suspension of sewer connection availability. *2 . Harbor Hill: Tract No. 10151 with 41 single family dwellings. Recommend exclusion from temporary suspension of sewer connection availability. 3. Eagle-Daon Development: Approved Tentative Tract No. 10391 with 300 dwelling units proposed. 4. Big Canyon Planning Area No. 10: In preliminary planning stages with maximum of 80 dwelling units proposed by the city. 5. Freeway Reservation west: Possible addition of 100+ dwelling units. Requires General Plan Amendment. 6. Baywood: �..i Resubdivision, planned community amendment and traffic study approved by Planning Commission. City Council action expected in February. 68 dwelling units. Staff Report January 15, 1980 Page Two 7. Freeway Reservation East: Possible 100+ dwelling units at Harbor View Hills. *8 . Sea Island: Approved Tentative Tract Map No. 9676 with 68 dwelling units. Approved grading plan with grading in progress. Recommend exclusion from temporary suspension of sewer connection availability. 9. Newporter North: No development plan yet. Approximately 212 dwelling units planned. 10. Block 600, Newport Center: Estimated 132 dwelling units. 11. Block 700-800: 11-North: Estimated 200 to 245 dwelling units. *11-South (Pacific Mutual) Approved Tract Map for 245, 000 square feet commercial development. Project will not sewer to Big Canyon Drainage Area although located within same. Recommend exclusion from temporary suspension of sewer connection availability. *12. Civic Plaza: Commercial site with 234, 706 square foot development. City Council has given all approval including final traffic phasing approval to 30% of proposed development. Recommend exclusion for 75, 000 square feet of commercial development from temporary suspension of sewer connection availability. *13. Big Canyon Area: Approved tract map.' About 10 lots still to be developed. Recommend exclusion from temporary suspension of sewer connection availability. Staff Report January 15, 1980 Page Three ,"BPI *14. Ford Aeroneutronic: Planning commercial expansion of 331, 000 square feet. Approved planned community with recorded parcel map. Building permit request for 50, 000 square foot warehouse now being processed by city. Recommend 50, 000 square foot warehouse exclusion from temporary suspension of sewer connection availability. JI STEPHEN D.GAVIN VICE PRESIDENT AND CORPORATE RELATIONS OFFICER PACIFIC MUTUAL 700 NEWPORT CENTER DRIVE NEWPORT BEACH,CALIFORNIA 92660 January 9, 1980 Board of Directors Orange County Sanitation District Number 5 10844 Ellis Avenue Fountain Valley, California 92708 Dear Board Members: It has recently come to our attention that Orange County Sanitation District Number 5 will tonight be considering imposing a moratorium on sewer hookup connections in an area which includes the site known as Block 800 in Newport Center, Newport Beach, which Pacific Mutual Life Insurance Company owns and which is the site for our corporate expansion office building project. The City of Newport Beach on April 23, 1979 granted final approvals of our applications to construct two seven-story office buildings. Our proposed plans have long included and indeed our approval from the City contains specific references to our establishing sewer connections to the trunk line in Newport Center Drive and not to the trunk line in Jamboree Road. Also, it is our understanding that our intentions and project plans to take sewer service from the Newport Center Drive trunk line have been previously reviewed by the Sani- tation District staff. During the environmental review of our project, the Sanitation District staff notified the City that sewer capacity was and would be available in the Newport Center Drive trunk line and that the staff expressed no objections to our taking service from the Newport Center Drive trunk line. For your information, we attach correspondence from the District on this matter. Board of Directors Orange County Sanitation District Number 5 January 9, 1980 Page Two We have spent and are continuing to spend considerable time and money in reliance upon our approvals to develop final engineering and architectural plans for our project. For reasons that I am sure you will appreciate, it is un- fair at this time to subject us to this moratorium solely because our property could have been served by sewer facili- ties in Jamboree Road. As stated above, we do not plan to dispose of our sewer waste into the Jamboree Road facility and, therefore, subjecting us to your moratorium is in- appropriate. We urgently request you to revise the proposed plan for moratorium and the ordinances or resolutions re- flecting such moratorium so as to exclude our property in Block 800 in Newport Center and our proposed project on such property from the proposed moratorium. Sincerely, Stephen D. Gavin SDG:sa Enclosures cc: Board Members District General Manager District Engineer COUNTY SANITATION DISTRICTS of ORANGE COUNTY, CALIFORNIA �r J P.O. BOX 8127 10844 ELLIS AVENUE FOUNTAIN VALLEY, CALIFORNIA 92708 (714) 540-2910 January 15, 1980 (714) 962-241 1 S T A F F R E P O R T BIG CANYON DRAINAGE AREA Following is an updated summary of the status of developable land within the Big Canyon Drainage Area. The numbers are keyed on the attached aerial map. Numbers shown with an asterisk are recommended for exclusion from the temporary suspension of sewer connection availability. *1. Harbor Ridge Residential Development: Approved tract map with 320 planned dwellings of which 245 are complete or under construction. Recommend exclusion from temporary suspension of sewer connection availability. *2 . Harbor Hill: Tract No. 10151 with 41 single family dwellings . Recommend exclusion from temporary suspension of sewer connection availability. 3. Eagle-Daon Development: Approved Tentative Tract No. 10391 with 300 dwelling units proposed. 4 . Big Canyon Planning Area No. 10 : In preliminary planning stages with maximum of 80 dwelling units proposed by the city. 5. Freeway Reservation West: Possible addition of 100+ dwelling units. Requires General Plan Amendment. :K- 6 . Baywood: Resubdivision, planned community amendment and traffic study approved by Planning Commission. City Council action expected in February. 68 dwelling units. Staff Report January 15, 1980 Page Two 7 . Freeway Reservation East: Possible 100+ dwelling units at Harbor View Hills. *8 . Sea Island: , Approved Tentative Tract Map No. 9676 with AJP-- dwelling units. Approved grading plan with grading in progress. Recommend exclusion from temporary suspension of sewer connection availability. 9 . Newporter North: No development plan yet. Approximately 212 dwelling units planned. 10. Block 600, Newport Center: Estimated 132 dwelling units. 11 . Block 700-800: 11-North: Estimated 200 to 245 dwelling units . *11-South (Pacific Mutual) Approved Tract Map for 245, 000 square feet commercial development. Project will not sewer to Big Canyon Drainage Area although located within same. Recommend exclusion from temporary suspension of sewer connection availability. *12. Civic Plaza: Commercial site with 234 , 706 square foot development. City Council has given all approval including final traffic phasing approval to 30% of proposed development. Recommend exclusion for 75, 000 square feet of commercial development from temporary suspension of sewer connection availability. *13. Big Canyon Area: Approved tract map. About 10 lots still to be developed. Recommend exclusion from temporary suspension of sewer connection availability. Staff Report January 15, 1980 Page Three *14. Ford Aeroneutronic: Planning commercial expansion of 331, 000 square feet. Approved planned community with recorded parcel map . Building permit request for 50, 000 square foot warehouse now being processed by city. Recommend 50, 000 square foot warehouse exclusion from temporary suspension of sewer connection availability. RE : AGENDA ITEM #,{10 �fcf,a-in-Deve TIMM - . January 10 , 1980 Mr. Fred Harper, General Manager County Sanitation District No. 5 of Orange County, California P. O. Box 8127 Fountain Valley, CA 92708 (, Sea Island - Tract 9676 6Ih.f L ` U Dear Fred: In regard to the Proposed Sewer Moratorium by the County Sanitation District No. 5 , McLain Development Co. hereby requests an exemption for the Sea Island development , Tentative Tract Map 9676 . This request is based upon the fact that McLain Development Co. has received the following approvals: 1) The City of Newport Beach has approved the Tentative Tract Map 9676 on January 8 , 1979 . 2) The California Coastal Commission has issued a permit on August 10 , 1979 . 3) The City of Newport Beach has issued a Grading Permit on October 12, 1979. This grading is approximately 85% complete. 4) The County Sanitation District No. 5 has issued a "Sewer Availability" letter dated November, 1976 . In addition to the above, all Government Approvals are listed on Exhibit "A" . At this time, we anticipate to start construction on April 1, 1980 . The Final Map for Tract 9676 is complete and will be submitted to the City this week; we expect to obtain City Council approval in March. A more detailed status of the Sea Island project is summarized on Exhibit "B" . r.. -G 1ain&-eC.• 'C_.7. ctt��ort beacl}. ��rjr�0;n� y?�w -1 t; / ? r Mr. Fred Harper -2- January 1, 1980 If you have any questions concerning this information, we will be happy to meet with you and your engineer to discuss our situation. Your consideration in this matter will be greatly appreciated. Sincerely, ,l rr 7 i= - Timothy P. Hogan TPH: je CC: Tom Dawes Paul Ryckoff Thomas Riley Donald Strauss Enclosures EXHIBIT "A" SEA ISLAND GOVERNMENT AGENCY APPROVALS APPROVAL REMARKS County Sanitation District #5 A "WILL SERVE" letter issued November, 1976. Parcel Map 9676 Parcel Map approval by Newport Beach City Council on March, 1977 . EIR Approval Approved March, 1977. California Water Quality Control Approval issued March, 1977. Board Environmental Group - S.P.O.N. and Approval issued in 1977. L.E.A.F. Tract Map 9676 Tract map approved by Newport Beach City Council on May 22 , 1978. EIR Addendum The EIR Addendum approved by Newport Beach City Council on `�•� May 22, 1978. Traffic Ordinance Sea Island contributes to less than 1% of the traffic flow along Jamboree Rd. during peak hours thus the City Council issued an exemption. Park Dedication In conjunction with the approval of the Tentative Tract Map a 6-acre park is being dedicated to the City of Newport Beach. Revised Tract Map 9676 A revision to the Tentative Tract 9676 approved on January 8, 1979 . Fish & Game Approval Approval issued in March, 1979. California Regional Coastal The Regional Commission approved Approval the development, however, it was appealed to the State Commission. California Coastal Approval The State approved the development August, 1979 . Orange County Housing Authority In conjunction with the Coastal approval, a $1,200,000 bond has been issued by McLain Development 14w, Co. to provide 20 affordable units. Grading Permit The City of Newport Beach has approved the grading and issued a permit. EXHIBIT "B" SEA ISLAND PROJECT SUMMARY GRADING: The grading work, which began in September, 1979 , is approximately 85% complete. IMPROVEMENT PLANS: The Improvement Plans are complete and have been submitted to the City of Newport Beach for Plan Check. FINAL MAP: The Final Map is complete and will be submitted to the County of Orange and the City of Newport Beach on January 11 , 1980. It is anticipated that the City Council will review the Final Map in March. This Map is scheduled to record on April 1, 1980. ARCHITECTURAL PLANS: \"� The Architectural Plans will be completed by February 15 , 1980. CONSTRUCTION: The On-site Construction will start on April 1, 1980 . Completion is scheduled for November, 1980. The units will hook up to the sewer in the Fall of 1980. a ORDINANCE NO. 510 AN URGENCY ORDINANCE OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 5 OF ORANGE COUNTY, CALIFORNIA, AMENDING ORDINANCE NO. 508 ESTABLISHING SEPARATE ZONES FOR DRAINAGE AREAS WITHIN THE DIS- TRICT, ESTABLISHING A SCHEDULE OF FEES FOR ISSUANCE OF SEWER CONNECTION PERMITS, AND TEMPORARILY SUS- PENDING THE ISSUANCE OF SEWER CONNECTION PERMITS WITH THE EXCEPTION OF CERTAIN SPECIFIED PROJECTS WHEREAS, the use of District sewage facilities are generally regulated by the provisions of Ordinance No. 508; and, WHEREAS, in recent years, great amounts of residential, commercial, office and industrial development have occurred within the District; and, WHEREAS, the District's Chief Engineer has prepared a report establishing that existing trunk sewer facilities in certain areas of the District are operating at maximum capacity; and, WHEREAS, the District has determined that the area designated as the Big Canyon - Jamboree Road Drainage Area presently has approximately 400+ acres of undeveloped land, for which plans are being formulated and considered for development of approximately 1400 new residential dwelling units and approxi- mately 650,000 square feet of commercial and office space; and, WHEREAS, the District has completed a study of necessary facilities in the Big Canyon - Jamboree Road Drainage Area, in order to provide sewer service to the lands to be developed in the future; and, WHEREAS, the District determines that the sewer service needs through- out the District vary considerably; and, WHEREAS, District has adopted a schedule of fees to be paid for connecting to the District facilities, which fees are used by District to pay for costs of construction of trunk sewers and facilities; and WHEREAS, the District has determined that the cost of construction of 1 additional necessary trunk sewer facilities will be unable to be met if the present connection fee schedules, used to finance such projects, remain unchanged; and, WHEREAS, the creation of separate zones within the District will allow for better planning and development of the sewage facilities; and, WHEREAS, the District determines that until such time as necessary additional sewage facilities are constructed within the Big Canyon - Jamboree Road Drainage Area, no further permits shall be issued for sewer connections in order to prevent sewage overflows that could endanger the public health, safety and welfare unless the project requiring such a permit is one of the hereinafter described projects which the District has determined to have substantially completed its planning and processing approvals with the City of Newport Beach and which, in fairness, justifies the granting of a sewer connection permit; and, WHEREAS, the Harbor Ridge Residential Development, shown and identi- fied as Area #1 on Exhibit "B", is such a project in which 245 units of 329 planned dwellings have been completed and for which all building permit fees have been paid and all planning completed for the remaining 84 dwelling units; and, WHEREAS, the Harbor Hill development, shown and identified as Area #2 on Exhibit "B", is such a project consisting of 41 single family dwelling units for which a final tract. map has been approved and all planning has otherwise been completed; and, WHEREAS, the Sea Island development, shown and identified as Area #8 on Exhibit "B", is such a project consisting of 132 dwelling units for which planning and approvals are substantially completed and which has already completed 85% of its project grading; and, WHEREAS, the Big Canyon Area development, shown and identified as Area #13 on Exhibit "B", is such a project for which a maximum of 10 custom d.✓ 2 building sites are remaining to be built upon and for which all planning has been completed and a final tract map recorded; and, WHEREAS, the City Plaza development, shown and identified as Area #12 on Exhibit "B", is such a project which consists of a commercial development of approximately 235,000 square feet in area for which all planning has been approved for approximately 30% or 75,000 square feet; and, _ WHEREAS, the Pacific Mutual development, shown and identified as Area #11 on Exhibit "B", is such a project which consists of commercial development of approximately 245,000 square feet in area which has completed all planning, zoning and parcel map approvals and which will also may utilize a connection to the Newport Center Drive Trunk Line; and, WHEREAS, the District has determined that the existing capacity in the existing trunk sewer facilities will accommodate the above-referenced excepted projects for a short interim period until the additional facilities are constructed. NOW, THEREFORE, the Board of Directors of County Sanitation District No. 5 of Orange County, California, DOES HEREBY ORDAIN: Section 1: Ordinance No. 508 is hereby amended by adding Section 103 thereto to read: 11103. The District is divided into three (3) separate zones for purposes of development and regulation of sewage facility use. Said zones are es- tablished as follows: Zone l: All that territory within the District exclusive of that territory within Zones 2 and 3; Zone 2: All that certain territory described as the Big Canyon- Jamboree Road Drainage Area; Zone 3: All that certain territory described as the Newport South Coastal Area. 3 The precise boundaries of each of the above zones are set forth and shown on Exhibit "A", incorporated herein by this reference." `..� Section 2: Section 402 of Ordinance No. 508, as amended by Ordinance No. 509, is hereby amended to read: 11402. DISTRICT NO. 5 CONNECTION CHARGES 1. District Connection Charges Before any connection permit shall be issued, the appli- cant shall pay to the District, or its agent, the charges specified herein. (a) For each new family dwelling building con- structed, the connection charges shall be: Zones 1 and 3 - $250.00 per dwelling unit. Zone 2 - $850.00 per dwelling unit. (b) For all other new construction, including but not limited to commercial and industrial buildings, hotels and motels and public buildings, the con- nection charges shall be: Zones 1 and 3 - $130.00 per 1,000 square feet of floor area contained within such construction, provided that the minimum connection charge for such new construction shall be $130.00. Zone 2 - $440.00 per 1,000 square feet of floor area contained within such construction, provided that the minimum connection charge for such new construction shall be $440.00. •. (c) For new construction replacing former buildings, the connection charge shall be calculated on the 4 same basis as provided in paragraphs (a) and (b) above. If such replacement construction is com- menced within two years after demolition or destruction of the former building, a credit against such charge shall be allowed, calculated on the basis of the current connection charge applicable for the new construction of the build- ing demolished or destroyed. In no case shall such credit exceed the connection charge. (d) In the case of structures where further new construction or alteration is made to increase the occupancy of family dwelling buildings or the area of buildings to be used for other than family dwelling buildings, the connection charge shall be: `..� Zones 1 and 3 - $250.00 for each dwelling unit added or created. Zone 2 - $850.00 per dwelling unit. In the case of new construction other than family dwelling buildings, it shall be: Zones 1 and 3 - $130.00 per 1,000 square feet of additional floor area contained within such new construction provided that new construction shall contain additional fixture units. Zone 2 - $440.00 per 1,000 square feet of addi- tional floor area contained within such new con- struction provided that new construction shall contain additional fixture units. ,IWO/ 5 (T (e) Payment of connection charges shall be required at the time of issuance of the building permit for \WWI all construction within the District, excepting in the case of a building legally exempt from the reqirement of obtaining a building permit in the City of Newport Beach. The payment of the _ sewer connection charge for such exempt build- ings will be required at the time of or prior to the issuance of a plumbing connection permit for any construction within the District. (f) A schedule of charges specified herein will be on file in the office of the Secretary of the District and in the Building Department of the City of Newport Beach." �..✓ Section 3: Ordinance No. 508 is hereby amended by adding Section 403 thereto to read: 11403. SUSPENSION OF ISSUANCE OF CONNECTION PERMITS-ZONE 2 Notwithstanding any provisions of this Ordiance or Ordinance No. 508 to the contrary, no connection permit for connection to the District 5 facilities shall be issued for any building located within Zone 2 after the effective date of this Ordinance, except as provided below. Exception: The following projects within Zone 2 are excepted from the provisions of this Section and will be entitled to a connection permit subject to the payment of connection charges as prescribed in Section 402: 1. The Harbor Ridge Residential Development-Area #1. 2. The Harbor Hill Residential Development-Area #2. 3. The Sea Island Residential Development-Area #8. 6 4. The Big Canyon Residential Development-Area #10. 5. The Pacific Mutual Commercial Development-Area 6. The City Plaza Commercial Develpment-Area #12. A maximum of 75,000 square feet are excepted. All remaining proposed development consisting of approximately 160,000 square feet is governed by the temporary suspension. All of the above project developments are identified by name and shown on the map attached hereto as Exhibit "B" and incorporated herein by reference." Section 4: It is hereby declared to be the intent of the Board of Directors of this District that the temporary suspension of issuance of connection permits as provided in Section 403 will be repealed by action of the Board of Directors at the time of awarding a construction contract that will provide the needed �.d additional sewage facilities within Zone 2. Section 5: It is hereby declared to be the intent of the Board of Directors that the temporary suspension imposed by this Ordinance shall qualify for the tolling provisions of Government Code Section 66452.6(a). 0" Section 6: Ordinance No. 509 is hereby repealed. Y � Section 7: If any provision or section of this Ordinance is declared to be unlawful, invalid or in any manner unenforceable, then each and every other provision herein shall remain in force as though e�(acted independently. Section 8: This Ordinance is adopted as an urgency measure and shall take effect immediately upon its adoption as a measure necessary to preserve the public health, safety and welfare. The facts constituting the urgency are that the existing trunk sewer facilities are operating at maximum capacity and the connection of any additional buildings will most certainly cause overflows of 7 ,p sewage into the public domain. During the rainy season of winter, 1979, certain limited overflows did occur, and with the pending wet weather, it is necessary to take all available measures to insure that no overflows occur that could injure the health of humans. The Secretary of the Board is directed to certify to the adoption of this Ordinance and cause it to be published in a newspaper of general circulation - within the County. PASSED AND ADOPTED at a special meeting of the Board of Directors this _th day of , 1980. TLW:pj Chairman 01/02/80 01/09/80 01/11/80 01/14/80 Secretary 8 ORDINANCE NO. 510 AN URGENCY ORDINANCE OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 5 OF ORANGE COUNTY, CALIFORNIA, AMENDING ORDINANCE NO. 508 ESTABLISHING SEPARATE ZONES FOR DRAINAGE AREAS WITHIN THE DIS- TRICT, ESTABLISHING A SCHEDULE OF FEES FOR ISSUANCE OF SEWER CONNECTION PERMITS, AND TEMPORARILY SUS- PENDING THE ISSUANCE OF SEWER CONNECTION PERMITS WITH THE EXCEPTION OF CERTAIN SPECIFIED PROJECTS WHEREAS, the use of District sewage facilities are generally regulated by the provisions of Ordinance No. 508; and, WHEREAS, in recent years, great amounts of residential, commercial, office and industrial development have occurred within the District; and, WHEREAS, the District's Chief Engineer has prepared a report establishing that existing trunk sewer facilities in certain areas of the District are operating at maximum capacity; and, WHEREAS, the District has determined that the area designated as the Big Canyon - Jamboree Road Drainage Area presently has approximately 400+ acres of undeveloped land, for which plans are being formulated and considered for development of approximately 1400 new residential dwelling units and approxi- mately 650,000 square feet of commercial and office space; and, WHEREAS, the District has completed a study of necessary facilities in the Big Canyon - Jamboree Road Drainage Area, in order to provide sewer service to the lands to be developed in the future; and, WHEREAS, the District determines that the sewer service needs through- out the District vary considerably; and, WHEREAS, District has adopted a schedule of fees to be paid for connecting to the District facilities, which fees are used by District to pay for costs of construction of trunk sewers and facilities; and WHEREAS, the District has determined that the cost of construction of 1 additional necessary trunk sewer facilities will be unable to be met if the present connection fee schedules, used to finance such projects, remain unchanged; and, WHEREAS, the creation of separate zones within the District will allow for better planning and development of the sewage facilities; and, WHEREAS, the District determines that until such time as necessary additional sewage facilities are constructed within the Big Canyon - Jamboree Road Drainage Area, no further permits shall be issued for sewer connections in order to prevent sewage overflows that could endanger the public health, safety and welfare unless the project requiring such a permit is one of the hereinafter- described projects which the District has determined to have substantially completed its planning and processing approvals with the City of Newport Beach and which, in fairness, justifies the granting of a sewer connection permit; and, WHEREAS, the Harbor Ridge Residential Development, shown and identi- fied as Area #1 on Exhibit "B", is such a project in which 245 units of 329 planned dwellings have been completed; and for which all planning is complated and all building permits may be issued for the remaining 84 dwelling units pursuant to an approved record final tract map; and, WHEREAS, the Harbor Hill development, shown and identified as Area #2 on Exhibit "B", is such a project consisting of 41 single family dwelling units for which a final tract map has been approved and all planning has otherwise been completed; and, WHEREAS, the Sea Island development, shown and identified as Area #8 on Exhibit "B", is such a project consisting of 132 dwelling units for which planning and zoning approvals are substantially completed; a tentatie subdivision map is approved, and which has already completed 85% of its project grading pursuant to a plan approved by the City; and, WHEREAS, the Big Canyon Area development, shown and identified as d.d 2 Area #13 on Exhibit "B", is such a project for which a maximum of 10 custom building sites are remaining to be built upon and for which all planning has been completed and a final tract map recorded; and, WHEREAS, the Civic Plaza development, shown and identified as Area #12 on Exhibit "B", is such a project which consists of commercial development of approximately 235,000 square feet in area for which all planning and land use approvals for approximately 30% thereof or 75,000 square feet have been received including a final parcel map; and, WHEREAS, the Pacific Mutual development, shown and identified as Area #11 on Exhibit "B", is such a project which consists of commercial development of approximately 245,000 square feet in area which has completed all planning, zoning and land use approvals including a final record parcel map and the Newport Center Drive Trunk Line; and, WHEREAS, the Pacific Mutual project is located within the Zone 2 drainage area but is uniquely located to enable it'to obtain sewer service through an alternate facility—namely, the City of Newport Beach Newport Center Drive collection line; and, WHEREAS, the District finds that the Pacific Mutual site should remain within Zone 2 to insure sound engineering and equitable financial planning, notwithstanding that an alternate source of sewage disposal may be available from its site, although(ultimate�y connecting to the District's facilities. WHEREAS, the District has determined that the existing capacity in the existing trunk sewer facilities will accommodate the above-referenced excepted projects for a short interim period until the additional facilities are constructed. NOW, THEREFORE, the Board of Directors of County Sanitation District No. 5 of Orange County, California, DOES HEREBY ORDAIN: Section 1: Ordinance No. 508 is hereby amended by adding Section 103 3 thereto to read: 11103. The District is divided into three (3) separate zones for purposes of development and regulation of sewage facility use. Said zones are es- tablished as follows: Zone 1: All that territory within the District exclusive of that territory within Zones 2 and 3; , Zone 2: All that certain territory described as the Big Canyon- Jamboree Road Drainage Area; Zone 3: All that certain territory described as the Newport South Coastal Area. The precise boundaries of each of the above zones are set forth and shown on Exhibit "A", incorporated herein by this reference." Section 2: Section 402 of Ordinance No. 508, as amended by Ordinance No. 509, is hereby amended to read: 11402. DISTRICT NO. 5 CONNECTION CHARGES 1. District Connection Charges Before any connection permit shall be issued, the appli- cant shall pay to the District, or its agent, the charges specified herein. (a) For each new family dwelling building con- structed, the connection charges shall be: Zones 1 and 3 - $250.00 per dwelling unit. Zone 2 - $850.00 per dwelling unit. (b) For all other new construction, including but not limited to commercial and industrial buildings, .. hotels and motels and public buildings, the con- nection charges shall be: 4 Zones 1 and 3 - $130.00 per 1,000 square feet of �.J floor area contained within such construction, provided that the minimum connection charge for such new construction shall be $130.00. Zone 2 - $440.00 per 1,000 square feet of floor area contained within such construction, provided that the minimum connection charge for such new construction shall be $440.00. (c) For new construction replacing former buildings, the connection charge shall be calculated on the same basis as provided in paragraphs (a) and (b) above. If such replacement construction is com- menced within two years after demolition or destruction of the former building, a credit against such charge shall be allowed, calculated on the basis of the current connection charge applicable for the new construction of the build- ing demolished or destroyed. In no case shall such credit exceed the connection charge. (d) In the case of structures where further new construction or alteration is made to increase the occupancy of family dwelling buildings or the area of buildings to be used for other than family dwelling buildings, the connection charge shall be: Zones 1 and 3 - $250.00 for each dwelling unit added or created. L.d Zone 2 - $850.00 per dwelling unit. 5 In the case of new construction other than family dwelling buildings, it shall be: Zones 1 and 3 - $130.00 per 1,000 square feet of additional floor area contained within such new construction provided that new construction shall contain additional fixture units. Zone 2 - $440.00 per 1,000 square feet of addi- tional floor area contained within such new con- struction provided that new construction shall contain additional fixture units. (e) Payment of connection charges shall be required at the time of issuance of the building permit for all construction within the District, excepting in the case of a building legally exempt from the reqirement of obtaining a building permit in the City of Newport Beach. The payment of the sewer connection charge for such exempt build- ings will be required at the time of or prior to the issuance of a plumbing connection permit for any construction within the District. (f) A schedule of charges specified herein will be on file in the office of the Secretary of the District and in the Building Department of the City of Newport Beach." Section 3: Ordinance No. 508 is hereby amended by adding Section 403 thereto to read: 11403. SUSPENSION OF ISSUANCE OF CONNECTION PERMITS-ZONE 2 6 Notwithstanding any provisions of this Ordiance or Ordinance No. 508 to the contrary, no connection permit for connection to the District 5 facilities shall be issued for any building located within Zone 2 after the effective date of this Ordinance, except as provided below. Exception: In recognition of and based upon the findings recited herein- above, the following projects within Zone 2 are excepted from the provisions of this Section and will be entitled to a connection permit subject to the payment of connection charges as prescribed in Section 402: 1. The Harbor Ridge Residential Development-Area 1/1. 2. The Harbor Hill Residential Development-Area 1/2. ^3 *3 The Sea Island Residential Development-Area #8. The Big Canyon Residential Development-Area #10. 5: The Pacific Mutual Commercial Development-Area #11. The City Plaza Commercial Develpment-Area #12. A maximum of 75,000 square feet are excepted. All remaining proposed development consisting of approximately 160,000 square feet is governed by the temporary suspension. All of the above project developments are identifiediy6name and shown on the map attached hereto as Exhibit "B" and incorporated herein by \ reference." •.,� Section 4. It is hereby declared to be the intent of thL Board o Directors of this District that the temporary suspension of issuance of connection permits as provided in Section 403 will be repealed by action of the Board of Directors at the time of awarding a construction contract that will provide the needed additional sewage facilities within Zone 2. Section 5: It is hereby declared to be the intent of the Board of Directors 7 e that the temporary suspension imposed by this Ordinance shall qualify for the L..� tolling provisions of Government Code Section 66452.6(a). Section 6: Ordinance No. 509 is hereby repealed. Section 7: If any provision or section of this Ordinance is declared to be unlawful, invalid or in any manner unenforceable, then each and every other provision herein shall remain in force as though enacted independently. Section 8: This Ordinance is adopted as an urgency measure and shall take effect immediately upon its adoption as a measure necessary to preserve the public health, safety and welfare. The facts constituting the urgency are that the existing trunk sewer facilities are operating at maximum capacity and the connection of any additional buildings will most certainly cause overflows of sewage into the public domain. During the rainy season of winter, 1979, certain limited overflows did occur, and with the pending wet weather, it is necessary to take all available measures to insure that no overflows occur that could injure the health of humans. The Secretary of the Board is directed to certify to the adoption of this Ordinance and cause it to be published in a newspaper of general circulation within the County. PASSED AND ADOPTED at a special meeting of the Board of Directors this th day of , 1980. TLW:pj Chairman 01/02/80 01/09/80 01/11/80 01/14/80 Secretary 8 ORDINANCE NO. 510 AN URGENCY ORDINANCE OF THE BOARD OF DIREC- TORS OF COUNTY SANITATION DISTRICT. NO. 5 OF ORANGE COUNTY, CALIFORNIA, AMENDING ORDI- NANCE NO. 508 ESTABLISHING SEPARATE ZONES FOR DRAINAGE AREAS WITHIN THE DISTRICT, ESTAB- LISHING A SCHEDULE OF FEES FOR ISSUANCE OF SEWER CONNECTION PERMITS, AND TEMPORARILY SUSPENDING THE ISSUANCE OF SEWER CONNECTION PERMITS WITH THE EXCEPTION OF CERTAIN SPECI- FIED PROJECTS WHEREAS, the use of District sewage facilities are generally regulated by the provisions of Ordinance No. 508; and, WHEREAS, in recent years, great amounts of residential, commercial, office and industrial development have occurred within the District; and, WHEREAS, the District's Chief Engineer has prepared a report establishing that existing trunk sewer facilities in certain areas of the District are operating at maximum capacity; and, WHEREAS,. the District has determined that the area designated as the Big Canyon - Jamboree Road Drainage Area presently has approximately 400+ acres of undeveloped land, for which plans are being formulated and considered for development of approximately 1400 new residential dwelling units and approxi- mately 650,000 square feet of commercial and office space; and, WHEREAS, the District has completed a study of necessary facilities in the Big Canyon - Jamboree Road Drainage Area, in order to provide sewer service to the lands to be developed in the future; and, WHEREAS, the District determines that the sewer service needs through- out the District vary considerably; and, WHEREAS, District has adopted a schedule of fees to be paid for connecting to the District facilities, which fees are used by District to pay for costs of construction of trunk sewers and facilities; and, I r WHEREAS, the District has determined that the cost of construction of additional necessary trunk sewer facilities will be unable to be met if the present connection fee schedules, used to finance such projects, remain unchanged; and, WHEREAS, the.creation of separate zones within the District will allow for - better planning and development of the sewage facilities; and, WHEREAS, the District determines that until such time as necessary additional sewage facilities are constructed within the Big Canyon - Jamboree Road Drainage Area, no further permits shall be issued for sewer connections in order to prevent sewage overflows that could endanger the public health, safety and welfare unless the project requiring such a permit is one of the hereinaf ter described projects which the District has determined to have substantially completed its planning and processing approvals with the City of Newport Beach and which, in fairness, justifies the granting of a sewer connection permit; and, WHEREAS, the Harbor Ridge Residential Development, shown and identi- fied as Area #1 on Exhibit "B", is such a project in which .245 units of 329 planned dwellings have been completed; and for which all planning is completed and all building permits may be issued for the remaining 84 dwelling units pursuant to an approved record final tract map; and, WHEREAS, the Harbor Hill Development, shown and identified as Area #2 on Exhibit "B", is such a project consisting of 41 single family dwelling units for which a final tract map has been approved and all planning has otherwise been completed; and, WHEREAS, the Sea Island Development, shown and identified as Area #8 on Exhibit "B", is such a project consisting of 132 dwelling units for which planning and zoning approvals are substantially completed; a tentative sub- division map is approved, and which has already completed 85% of its project `�✓ grading pursuant to a plan approved by the City; and, 2 WHEREAS, the Big Canyon Area Development, shown and identified as �..✓ Area #13 on Exhibit "B", is such a project for which a maximum of 10 custom building sites are remaining to be built upon and for which all planning has been completed and a final tract map recorded; and, WHEREAS, the Civic Plaza Development, shown and identified as Area #12 on Exhibit "B", is such a project which consists of commercial development of approximately 235,000 square feet in area for which all planning and land use approvals for approximately 30% thereof or 75,000 square feet have been received including a final parcel map; and, WHEREAS, the Pacific Mutual Development, shown and identified as Area #11-South on Exhibit "B", is such a project which consists of commercial development of approximately 245,000 square feet in area which has completed all planning, zoning and land use approvals including a final record parcel map; and, WHEREAS, the Pacific Mutual project is located within the Zone 2 drainage area but is uniquely located to enable it to obtain sewer service through an alternate facility—namely, the City of Newport Beach Newport Center Drive collection line; and, WHEREAS, the District finds that the Pacific Mutual site should remain within Zone 2 to insure sound engineering and equitable financial planning, notwithstanding that an alternate source of sewage disposal may be available from its site, although ultimately connecting to the District's facilities; and, WHEREAS, the Baywood Development shown and identified as Area #6 on Exhibit "B", is such a project consisting of 68 residential dwelling units for which planning, zoning and land use, including parcel map, approvals are substantially complete; and, WHEREAS, the Ford Aeroneutronic Development, shown and identified as 3 Area #14 on Exhibit "B", is such a project which consists of proposed commercial development of 331,000 square feet in area of which all planning and land use approvals, including a final record parcel map have been received for approxi- mately_15% thereof or 50,000 square feet for a single warehouse structure; and, WHEREAS, the District has determined that the existing capacity in the existing trunk sewer facilities will accommodate the above-referenced excepted projects for a short interim period until the additional facilities are constructed. NOW, THEREFORE, the Board of Directors of County Sanitation District No. 5 of Orange County, California, DOES HEREBY ORDAIN: Section 1: Ordinance No. 508 is hereby amended by adding Section 103 thereto to read: 11103. The District is divided into three (3) separate zones for purposes of development and regulation of sewage facility use. Said zones are established as follows: Zone 1: All that territory within the District exclusive of that territory within Zones 2 and 3; Zone 2: All that certain territory described as the Big Canyon - Jamboree Road Drainage Area; Zone 3: All that certain territory described as the Newport South Coastal Area. The precise boundaries of each of the above zones are set forth and shown on Exhibit "A", incorporated herein by this reference." Section 2: Section 402 of Ordinance No. 508, as amended by Ordinance No. 509, is hereby amended to read: "402. DISTRICT NO. 5 CONNECTION CHARGES 1. District Connection Charges Before any connection permit shall be issued, the appli- 4 cant shall pay to the District, or its agent, the charges r,r specified herein. (a) For each new family dwelling building constructed, the connection charges shall be: Zones 1 and 3 - $250.00 per dwelling unit. Zone 2 - $850.00 per dwelling unit. (b) For all other new construction, including but not limited to commercial and industrial buildings, hotels and motels and public buildings, the connection charges shall be: Zones 1 and 3 - $130.00 per 1,000 square feet of floor area contained within such construction, pro- vided that the minimum connection charge for such new construction shall be $130.00. Zone 2 - $440.00 per 1,000 square feet of floor area contained within such construction, provided that the minimum connection charge for such new con- struction shall be $440.00. (c) For new construction replacing former buildings, the connection charge shall be calculated on the same basis as provided in paragraphs (a) and (b) above. If such replacement construction is commenced within two years after demolition or destruction of the former building, a credit against such charge shall be allowed, calculated on the basis of the current connection charge applicable for the new construc- tion of the building demolished or destroyed. In no 5 case shall such credit exceed the connection charge. �..✓ (d) In the case of structures where further new con- struction or alteration is made to increase the occupancy of family dwelling buildings or the area of buildings to be used for other than family dwelling buildings, the connection charge shall be . Zones 1 and 3 -$250.00 for each dwelling unit added or created. Zone 2 - $850.00 per dwelling unit. In the case of new construction other than family dwelling buildings, it shall be: Zones 1 and 3 - $130.00 per 1,000 square feet of additional floor area contained within such new construction provided that new construction shall contain additional fixture units. Zone 2 - $440.00 per 1,000 square feet of additional floor area contained within such new construction provided that new construction shall contain ad- ditional fixture units. (e) Payment of connection charges shall be required at the time of issuance of the building permit for all construction within the District, excepting in the ca*e of a building legally exempt from the require- ment of obtaining a building permit in the City of Newport Beach. The payment of the sewer con- nection charge for such exempt buildings will be required at the time of or prior to the issuance of a 6 plumbing connection permit for any construction within the District. W A schedule of charges specified herein will be on file in the office of the Secretary of the District and the Building Department of the City of Newport Beach." Section 3: Ordinance No. 508 is hereby amended by adding Section 403 thereto to read: 11403.SUSPENSION OF ISSUANCE OF CONNECTION PERMITS-ZONE 2. Notwithstanding any provision of this Ordinance or Ordinance No. 508 to the contrary, no connection permit for connection to the District 5 facilities shall be issued for any building located within Zone 2 after the effective date of this Ordinance, except as provided below. Exception: In recognition of and based upon the findings recited herein- `ad above, the following projects within Zone 2 are excepted from the provisions of this Section and will be entitled to a connection permit subject to the payment of connection charges as prescribed in Section 402: 1. The Harbor Ridge Residential Development-Area #1. 2. The Harbor Hill Residential Development-Area #2. 3. The Sea Island Residential Development-Area #8. 4. The Big Canyon Residential Development-Area #13. 5. The Pacific Mutual Commercial Development-Area #11-South. 6. The Civic Plaza Iommercial Development-Area #12. A maximum of 75,000 square feet are excepted. All remaining proposed development consisting of approximately 160,000 square feet is governed by the temporary suspension. 7 7. Baywood Residential Development-Area #6. S. Ford Aeroneutronic Development-Area #14. A maximum of 50,000 square feet are excepted. All remaining proposed- development consisting of approximately 181,000 square feet is governed by the temporary suspension. All of the above project developments are identified by name and shown on the map attached hereto as Exhibit "B" and incorporated herein by reference. Exception: The owner or developer of any property . subject to the temporary suspension provided by this Ordinance may submit an application to the Board of Directors for a specific exception based upon providing interim or alternative facilities or methods of disposing of the project wastewater. The granting of any such specific exception shall be based upon a finding that the alternate facilities or methods are in accordance with all requirements of the District, the County Health Department, the Santa Ana Regional Water Quality Control Board,the State Water Resources Control Board and any other regulatory body having jurisdiction over District operations, and finding further that the District reasonably expects to have permanent additional facilities available to serve the project in a known period of time." Section 4: It is hereby declared to be the intent of the Board of Directors of this District that the temporary suspension of issuance of connection permits as provided in Section 403 wiU be repealed by action of the Board of Directors at the time of awarding a construction contract that will provide the needed additional sewage facilities within Zone 2. Section 5: It is hereby declared to be the intent of the Board of Directors that the temporary suspension imposed by this Ordinance shall qualify for the 8 tolling provisions of Government Code Section 66452.6(a). Section 6: Ordinance No. 509 is hereby repealed. Section 7: If any provision or section of this Ordinance is declared to be unlawful, invalid or.-In any manner unenforceable, then each and every other provision herein shall remain in force as though enacted independently. Section 8: This Ordinance is adopted as an urgency measure and shall take effect immediately upon its adoption as a measure necessary to preserve the public health, safety and welfare. The facts constituting the urgency are that the existing trunk sewer facilities are operating at maximum capacity and the connection of any additional buildings will most certainly cause overflows of sewage into the public domain. During the rainy season of winter, 1979, certain limited overflows did occur, and with the pending wet weather, it is necessary to take all available measures to insure that no overflows occur that could injure the health of humans. The Secretary of the Board is directed to certify to the adoption of this Ordinance and cause it to be published in a newspaper of general circulation within the County. PASSED AND ADOPTED at an adjourned regular meeting of the Board of Directors of County Sanitation District No. 5 of Orange County, California, this 15th day of January, 1980. Chairman of the Board of Directors County Sanitation District No. S • of Orange County, California ATTEST: .� /�"�... •� �.. . ' J 1. Secrdtary/of•th:e Board of Directors. County Sanitation District No. 5 of-'Orange County, California 9 `a.✓ STATE OF CALIFORNIA) COUNTY OF ORANGE } I, J. WAYNE SYLVESTER, Secretary of the Board of Directors of County Sanitation District No. 5 of Orange County, California, do hereby certify that the above and foregoing Ordinance No. 510 was passed and adopted at an adjourned regular meeting of said Board on the 15th day of January, 1980, by the following vote, to wit: AYES: Directors Paul Ryckoff, Donald Strauss and Thomas F. Riley NOES: None ABSTENTIONS: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand this 15th day of January, 1980. i J. Wayne/Sylvester Secretarry of the Board of Directors �.,.d -'County'Sanitation District No. 5 of Orange County, California aim N LEGEND F, ? ,s • • •• ZONE 2 - BIG CANYON DRAINAGE AREA �., BOUNDARY. " r " AREA EXEMPT FROM TEMPORARY SUSPENSION I OF SEWER CONNECTION PERMITS. PORTION OF AREA EXEMPT FROM TEMPORARY SUSPENSION OF SEWER CONNECTION PERMITS. FUTURE DEVELOPMENT SUBJECT TO SUSPEN - SION OF SEWER CONNECTION PERMIT. 1 7 + ���� ��dO ` ' � `- � t.j.•: y � •: - � Ewa , I of AV Ar r - 5 ,"n EXHIBIT B" �� � •+e -�• it �" � '���• � "�� � ••� �,, {y` .rrt�'' ♦ , ORDINANCE N0. 510 ,' a '_r�L '• taw^ ''��+ , ''� IRS' ' e+'aw . ' -�,. • ��� "; �r r � motif �,' �,"� �• �' ,��' ��nos `•`� � yk• , � � i.. _ - ! +' ate''. � ��.� •' � �*GEND 'RICT NO. 5 BOUNDARY �D 3 BOUNDARIES 3 ' pN -�� J � Z l � l i IE L' i EXHIBIT "A" ORDINANCE N0 . 510 4000 6000 C SCALE JANUARY , 1980 LL o d O N o �_� �� N N _ \ � !- W do o Z 1E �1 cop `fv/�'���• ii� ,�, ' it e [ . IN r DISTRICT NO. 5 BOARD MEETING JANUARY 15, 1980 NEWPORT BEACH CITY HALL The meeting was called to order at 3 :20 P.M. Item 1. Roll call was taken. Present were Directors Rycoff, Strauss and Reiley. (sp) Item 2. Motion made to receive and file letter from Pacific Mutual Life Insurance Company dated January 9 , 1980 re sewer service for Block 800 in Newport Center. U.A. Item 3. Motion made to receive and file letter from The Irvine Company dated January 9, 1980 , concerning proposed actions re sewer service for the Big Canyon drainage area. U.A. Item 4 . Mr. Harper reviewed the staff report dated January 15, 1980 . He pointed out that those items with an asterisk were to be included in the exclusion from the temporary suspension, pointing out that planning has gone forward on these items. Those properties are recommended to be excluded from the temporary suspension, but are subject to the higher fees set forth in Ordinance 510 . With the aid of a map, the staff report was reviewed. The following are comments made with regard to the staff report: #6 - Baywood. Received planning commission approval Thursday night. Still has to go to Council for approval. In protest period now. Earliest action would be late February. Dayne Stiles stated they prefer to be exempted from the moretorium. It has been approved by the planning commission and is a small number of units (68) . #8 - Sea Island. Number of units is incorrect. Should be 132. #11 South - Pacific Mutual . Tom Woodruff has talked to Pacific Mutual. Understand that they do not wish to be excluded from Zone 2. They will be subject to fees in ordinance, but recommend they are excluded from the temporary suspension. #14 - Ford Aeronutronics . There is a building permit request for 50 ,000 square feet of warehouse. Recommend that the 50 ,000 square foot warehouse be excluded from the temporary .suspension. This development should not require much in the way of sewer service. Not proper to hold them up as far along as they are. Wayne Sylvester stated there was a letter regarding Area 8 from MacLain (sp) Development. Letter should be received and filed. Motion made and seconded. U.A. #12 - Civic Plaza Development. Dick Cannon of the Irvine Company requested consideration to exclude the entire Civic Plaza project. Mr. Stiles letter had pointed out some of the reasons for this. The parcel map was recorded four years ago, the site is graded, and $1 million is in the property. Request consideration of exclusion from affects of moretorium. Have all approvals. Planning Commission has approved the project. Has been appealed and that will be heard at the first City Council meeting in February. Feel have come a long way with the project. Have tried to be responsible and would request consideration. Director Reilly asked the following #8 - Sea Island. Is there a problem with the change to 132 units. No. #6 - Baywood. Any problems with this one. 68 dwellings. Mr. Harper reported that the staff was recommending Baywood at the last meeting. At the meeting there was discussion that it had not cleared the Planning Commission. Staff backed off at that point. If it does meet criteria, staff would not have a problem with it being a part of the exclusion. Motion by Reilly to support an asterisk (included within the exclusion) on #6 Baywood. U.A. 2. Daon Development. Mike Ryan requested clarification on the premise by which certain projects are excluded and which are not. Thinks Board is interested in like treatment. First category was those that have approved recorded final maps. Second category seems to be approved tentative tract maps with site graded. Third category, based on Baywood, is approved plans by planning commission. Daon site is within that criteria as they have approved tentative tract map. Have difficulty understanding why some are and some are not in the exclusion from the temporary suspension. Request consider- ation of 300 units. Director Rycoff. There is a difference between the amount of impact of the projects. We are looking at a capacity problem. Fred Harper. Intent is that we tried to fit this to available capacity and at the same time, tried to look at projects in an attempt not to put financial burden or create serious problems for developments in the planning stages. Have nothing on which to base Baywood other than that, in the opinion of the developer, would be hurt being held up. Staff did recommend it be excluded from sewer connection suspension prior to last meeting because it understood it was along in development. Daon. Mike Ryan stated trying to get standard to be applied. Think Daon falls into that category. Everyone on the list is impacted by not being able to go forward. Director Rycoff. Find staff looking at problem of capacity and trying to accommodate those who can be accommodated which is `.d different from saying everything is now stopped. Has lead to problem at the last meeting. Tried not to leave everyone out that could be accommodated. May seem unfair treatment coming to Daon 3. but don't see how all deserving areas could be exempted. �..•f Dayne Stiles. One of the factors in granting exception for Pacific Mutual was availability of interim measures for or alternatives for the site. Is this possible for others. Fred Harper. If it doesn't cost Districts, would not see objection. Stiles. Is there provision in ordinance to allow permit as exception. Woodruff. Ordinance drafted to impose temporary suspension. Think that the language is available and power is with the Board to include a provision allowing for -relief from suspension order as adopted if 1 land owner can provide alternative method or system. Don't think engineering staff has looked at this in these terms. Stiles. Do not have a precise proposal at this time but are very `mod concerned about Civic Plaza. Some of the alternatives for Civic Plaza are: 1. As Pacific Mutual , to install force main lift station with Newport Center. 2. Could have parallel sewer with the existing line in Jamboree. 3. On-site holding tank to store peak flows and release at off-peak hours. Don't know technical implications or feasibility, but do look at them as possibilities. Would like Board's consideration. Director Rycoff. Could staff come up with language to cover such eventuality so that exemption would be possible. Woodruff. Would be requiring proponent to bring plan to Board and Board could grant exemption. Should be in the ordinance . Stiles . Would be acceptable. Director Reilly. That would be applicable to any project that meets the goal. Director Rycoff. Extend the same consideration that Pacific Mutual received. Director Reilly. Anyone staff could accept that would not overtax system. Going back to Civic Plaza, feel this would be responding to the request for #12 to be a part of the exclusion. Motion made, seconded and unanimously carried to receive and file staff report ^dated January 15 , 1980. Item 5. Report of General Counsel. Woodruff stated had submitted a report dated January 3, 1980 . Ordinance has been amended. Has been through many drafts . Summary is that the difference, rather than provide by general language those projects that should be exempted and should not be, is now to see specifically identified by name, area and other facts those projects that should be exempted. Ordinance sets forth reason or explanation as to why. No changes regarding the fee structure. There was an issue raised at the last Board Meeting regarding tolling of statue of limitations within State Map Act. It is my opinion then and now, that this is a !- moretorium as defined in the State Map Act and this ordinance now contains a section to ratify that. Whatever period this is in effect, will allow tentative map that much time to be recorded. A request was made to return to Item 4 . Regarding Civic Plaza, question whether staff could comment on issue of whether there is capacity to accommodate Civic Plaza development. If all planning �,�,✓ actions had occurred, would there be a problem in allowing Civic Plaza to connect. 5 . Tom Dawes replied there would be a problem. The Pump Station and collection system is at capacity and gravity line is at capacity. Do not have any spare capacity in any one section. Most being let in are small developments . Civic Plaza would put big burden on the system. Stiles. On page 7 of ordinance, will Baywood be added as additional project to be exempted. YES . >Item 6 . Mr. Harper reported that the ordinance has been drafted by the General Counsel. Might be well to have the General Counsel review changes before it is conisdered. Woodruff. I see five changes, as follow: 1. Page 3 will have two additional insertions in recitals , immediately above six lines from the bottom `•.� "WHEREAS, the Baywood Development shown and identified as Area #6 on Exhibit "B" , is such a project consisting of 68 residential dwelling units for which planning, zoning and land use, including parcel map, approvals are substantially com- plete. " "WHEREAS, the Ford Aeroneutronic Development, shown and identified as Area #14 on Exhibit "B" , is such a project which consists of proposed commercial development of 331,000 square feet in area of which all planning and land use approvals , including a final record parcel map have been received for approximately 15% thereof or 50 ,000 square feet for a single warehouse structure; " 2. Page 7 - Insert 7. Baywood Residential Development - Area #6 8. Ford Aeroneutronic Development - Area #14 . A maximum of '50 ,000 square feet are excepted. All remaining 0, proposed development consisting of approximately 181,000 �..✓ square feet is governed by the temporary suspension. 3. Page 7. Insert statement ahead of Section 4 of Ordinance. "Exception. The owner or developer of any property subject to the temporary suspension provided by this Ordinance may submit an application to the Board of Directors for a .specific exception based upon providing interim or alternative facilities or methods of disposing of the project wastewater. 1 The granting of any such specific exception shall be based upon a finding that the alternate facilities or methods are in accordance with all requirements of the District, the County Health Department, the Santa Ana Regional Water Quality Control Board, the State Water Resources Control Board and any other regulatory body having jurisdiction over District oper- ations, and finding further that the District reasonably expects to have permanent facilities available to serve the project in a known period of time." Irvine Company. Irvine Company comments are included in Dayne Stiles letter. Want to know what action District plans to take to implement project. Next step is to talk about project itself. Fred Harper. District three years ago did submit gravity sewer project which was , after many months, approved regionally by the Coastal Commission and then turned down by the State after the Regional decision was appealed. Subsequent to that and in the past year, have had several engineering studies done. One was 'for a new pump station with adequate capacity, with additional gravity line in �d Jamboree downstream of the pump station. The engineer's estimate was $1 million. Another proposal was that a tunnel be driven through high point of where the pump station is now downstream and the estimate was $2.5 million. i These two projects have been submitted to the Board and are under consideration at the present time. Preliminary engineering has been done on both projects. Director Rycoff. The following is only my position. Project was turned down on appeal for not meeting certain environmental things . Do not personally wish to submit dual application to Coastal Commission because could not support the pump station approach, incumbering the public to the energy costs . Think the Back Bay Line can be gotten through if certain things are done which are well known to you. Do not have any indication by the Irvine Company on those things we have discussed. Irvine Company. Communicated to the Board in Stiles letter. Those other items could be addressed as matters get further along with the Coastal Commission. Director Rycoff. I feel arrangements should be made in advance. Give letters of commitment to the Board referring to mitigations. Fred Harper. We could seek proposals to prepare an EIR which could be brought to the February meeting (proposals) . The Districts did submit many documents during submittal to the Coastal Commission when talking about the gravity sewer, but imagine that would have to be updated and proposals for that work could be presented to the February 13th Board. Director Strauss. Have the notion would be better to make applica- tion for preferred project and alternate. Seems consistent with the urgency. Don' t want to lose too much time if Coastal Commission turns us down. If we go ahead with just applying on one basis , then should be prepared to make alternate proposal rapidly even though- might not be the one most desired. I withdraw from the position Q _ of making both proposals at one time, but do want to be able to act � rigidly in the event the preferred alternate is turned down. Director Reilly. My concern is that mitigating measures be tied to the project. I am unalterably opposed to any public board using lack mail methods of acquiring property or rights. Director Rycoff. I do not accept that kind of definition. Director Reilly. I do not know what you are asking for as mitigation measures. Director Rycoff. We are asking for commitment to get spill material removed and secondly for an easement and dedication of the mouth of Big Canyon for the preserve which ties in with Back Bay line directly. With respect to Item 6 , motion made and seconded to adopt urgency ordinance with the language changes previously discussed. U.A. > Item No. 7. Tom Woodruff reported this is a policy resolution and there is no change in it from previous meetings. It is merely a declaration by the Board, memoralized in writing, on the approaches of concept of entering into a Reimbursement Agreement. It does not specifically address any specific agreement with any property owner. Question was raised that on Page 6-1, 5th area, it was thought the language was discussed and credits against connection charges should be deleted and leaving in the rest, provided they are reimbursed by District (WAYNE. .I didn't have a copy of this document nor had I ever seen one, so this is not entirely clear) . Woodruff stated that the resolution was revised in accordance with amending Section 4 but forgot to take out the clause "provided they are reimbursed" . Underlined part in Section 4 was put in in consideration of comments at last meeting and was to state they can 1 9 . be used as part of repayment by District. Provision in agreement regarding repayment and put in provision if they have to pay connection fees and if so will get credit. Obligations will be paid by fees . Director Rycoff. Seems to tie into money put up by their connection fees . Woodruff. Applying a portion. Director Rycoff. There is no question that someone could come in for 100 hookups worth $85,000 and want so much credit. Woodruff. Defines that we will approve agreements but each will have to be approved separately. No written policy at this time as to how much can be applied. There is some precedent in an agreement of 1976 with the Irvine Company. Other agreements vary remarkably. Depends on the individual agreement. h,✓ Move adoption of Resolution No. 80-19-5 as amended. U.A. Item 8 . Matter regarding agreement with Daon. Dennis O'Neill, Daon. Stated that on December 13, 1979 they appeared before the Board and presented a letter of intent to advance the sum of $400,000 to assist the District in the construction of needed additional sewer facilities and the Irvine Company, at the same time, submitted a letter reiterating its commitment to advance $600,000 for the same purpose. The temporary suspension ordinance was discussed and it was suggested that the Board put that over to the following meeting because had hoped to work with staff toward drafting agreement acceptable to all parties which �..✓ would ultimately put the $400 ,000 commitment into writing in a binding contract. Then met with Harper and Woodruff prior to the January 9, 1980 meeting. Thought we had an acceptable agreement 10 . but when appeared at the meeting last Wednesday, noticed that the ,law, Daon agreement may be carried to February 13 , 1980. Have gone back to the drawing board and feel have put together agreement acceptable to the Board. Agree there has not been much time to review it, but basically it says that Daon will give the District $400,000 at such time as a contract is let for the project. Also says will advance the sum of $50,000 to do environmental studies. Are not asking for interest on the money being loaned. It is puzzling as to what advantage the District has in postponing acceptance of this offer. Postponement would work a hardship on Daon. Could perhaps approve in concept or approve subject to final review and modification by General Counsel. First request would be to approve it outright. If not, approve on condition that any final minor language changes be worked out with the Districts' General Counsel. Strongly urge Board accept and authorize resolution. Director Rycoff. Have indeed tried to come up with an agreement that should be palatable. only problem is not having seen it before. If I were to act, would want to except paragraphs 1, 4 , 5 on pages 2 and 3, Paragraph D on page 5 and Paragraph 13 on page 6. Woodruff. Regarding Paragraph 13 , page 6 , this is specifically exempted. Might be almost redundant, but is not in conflict. Daon. Will stipulate to whatever language changes necessary. Paragraph 1, would be willing to delete totally. �✓ Paragraph 4, if problem is that it does not include approvals, which language comes from an existing agreement with the Irvine Company, have no objections to modifying or deleting. Under- 11. t stand many things have to be accepted before getting ready to award. Would agree to stipulate to delete Paragraphs 1, 4 and5. Woodruff. Regarding Paragraph D, Page 5, it recites again that the District, .at its option, may use annexation fees, accumulated taxes, or whatever. Does not get into the problem of credit versus whatever. This can be repaid from any funds. Director Riley. Trying to find objection. Is it that gravity line or pump station is in Paragraphs 1, 2, 3, and 5. Think should all be if go with pump station but getting to environmental concerns, seems we have either/or situation. If gravity line does not go, then must go to something else. Daon. It was our understanding after the meeting on December 13th that staff was instructed to examine the gravity line in Back Bay and the pump station as the other alternative. We are suggesting to the Districts that whatever can be built is fine. If it is the desire of the Board to tie agreement directly to gravity line, or tie it to substitute facilities. Perhaps what is to be built should not be in the agreement. If it is the desire of the Board to concentrate on gravity line in Back Bay and it is inappropriate to mention. .anything else, it can be taken out. Director Rycoff. Would prefer to have the time to go over this in order to make a more rational response. If possible, would like to hang on to February 13th. Daon. Would be very difficult to make the offer on February 13 '.d this way. Would like to have it approved today and work out minor technicalities. The concerns raised this afternoon can be modified or deleted. 12. Director Ruoff. Agree to delete Paragraphs 1, 4 , 5. 13 is acceptable and so is Paragraph D. Woodruff. A thought from one of the staff. In the first five paragraphs starting with Paragraph 1 on page 2, put language that District may, at its option, also undertake engineering and planning for pump station, etc. Paragraph 2 would be similar. Paragraphs 4 and 5 could state to the effect of upon completion of engineering studies and plans and specifications, and receipt of all necessary approvals, would advertise for bids. If this type of change is not acceptable, would suggest putting it over to next meeting. The other alternative would be to address simply as "project" and how it comes out is unknown and perhaps irrelevant to terms of agreement. What the $400,000 is to do '.d is at the determination of the Board. Director Rycoff. I am unwilling to get us on the line to steam ahead until we get commitments previously referred to. Think it would be more fair to applicant. Director Riley. Does that mean District must make decision. If EIR comes back, then should go. Woodruff. Does not attempt to mandate the District go forward with project. Does not force us to go forward. If decision is made not to do it, then there is no force. Director Rycoff. Delete pump station reference wherever it appears. Director Riley. Must be an alternate. Director Rycoff. Saying first it goes this way. Director Strauss. It is my understanding that we are going for gravity line if we can get it through. If not, then have backup position, but it will not be put into the Coastal Commission application. Dir. Rycoff If get mitigation, don't think any environmental complaints will hang application. Director Riley. Have information that we don't have and I am not comfortable. Think should have alternative position. Think we owe it to the community to provide sewers. Would support amended language as follows, provided by Counsel: 1. Paragraph 1, page 2 , line 3. District may, at its option, also . . . . . 2 . Paragraph 1, page 2 , line 5. . . . .preliminary design, if pursued, will allow District. . . . 3. Paragraph 2, page 2 , line 3. . . .alternative is selected for final design and construction. 4. Paragraph 4, page 3, line 2 . . ...specifications and receipt of all necessary permits and approvals required to be obtained by the District. 5. Paragraph 5, page 3, line 1. . . . .contract, when legally permitted to do so. . . . Director Rycoff. Then Board would be committed to go ahead when certain things occur. Woodruff. Could put in disclaimer that we obtain exclusive power to make decision. Director Rycoff. Would like disclaimer. 14. Motion to adopt Resolution No. 80-,2 - Director Rycoff - No. Directors Riley and Strauss - Yes. Item 9 . Motion and seconded for approval. U.A. Motion made to authorize staff to solicit proposals to update the Environmental Impact Report on Back Bay sewer line and have proposals for February 13 , 1980 Board meeting. U.A. Dayne Stiles. Bank Bay Trunk sewer would be preference. Concern expresses is that don't want to go through process and still have no project. Don't understand process District is going to follow from here out. What is time and what are procedures from here. n Would appreciate knowing schedule for two projects and the steps from here. } Director Rycoff. When are you going to come up with commitments. Dayne Stiles. Have eluded to mitigation measures that are more in the sense of inducements. Prefer project stand on own merits. Would like to see it resubmitted and stand on its own. If Coastal Commission determines there are problems, then can deal with those. Director Rycoff. Not prepared to answer questions about schedules. Meeting adjtyur%ed- at 4 :50. 15. Motion made to reconvene at 4:58. Motion made to reconsider on agreement. Strauss and Rycoff - Yes. Riley - No. Daon. Under reconsideration of agreement, we have indicated that we do not wish it to be the catalyst to initiate a project. All we want is a project to go forward. Feel Board' s decision -as timing. Do not oppose deleting language which in Board's minds indicates a commitment. Can live with deletion of Paragraphs 1, 4 and 5. Assume that this is going to cause some problems as far as Board member Riley. Would like to find wording to satisfy concerns of chairman, as well as the other members of the Board. Do not want this matter continued. Director Rycoff. Nothing wrong with submitting amendment to agreement. Woodruff. Will need additional cleaning up. Submit before it is circulated for signature, will get it to each of the Board member with request that you verify it does reflect what you feel occurred. Won't release for signature until have that. Director Rycoff. Write 1, 4 and 5 in acceptable way. Daon. Mr. Ryan asked if the motion passes, can it be executed. Woodruff. Approve as amended by deletion of 1, 4, 5. Will not require additional Board action. Daon. Would be acceptable. Work on langauge. Present for signature. Director Rycoff. Motion made to approve agreement deleting Paragraphs 1, 4 and 5 and all reference to pump station. 16 . Woodruff. Do I interpret this that you would be approving agree- ment, providing it deletes any wording reference to pump station. If that is the objection, then it should be deleted. Director Rycoff. Delete all pump station reference. Woodruff. If intent of Board to describe in general terms, then put it in as project. Director Riley. Think public has a right to know pump station or gravity line, approved or not approve. Director Strauss. About to make application for gravity line. Director Rycoff. Don't want to put up with unreasonable environ- mental oppositions. Director Riley. Think public should know. Talking that you have ways of doing things. Cannot give you carte blanche to negotiate on your. own. Language General Counsel changed said that would go ahead with project. You have said that gravity. line is the project. Director Strauss. There are two or three possibilities. Daon. Mr. Ryan stated that in fact the consideration is the acceptance of money- at this time, not a definition of the project. The Board is to further refine and define what project is at a . later date. Director Rycoff. - Are trying to accommodate Daon by doing it tonight / Vote on motion to approve deleting 1, 4 and 5 and all reference to pump stations. Riley - NO. Rycoff & Strauss - YES. Adjourn at 5: 10 17. 1/r-re AGREEMENT THIS AGREEMENT, for purposes of identification, is hereby dated and effective the day of , 1980, and is BY AND BETWEEN COUNTY SANITATION DISTRICT NO. 5 OF ORANGE COUNTY, CALIFORNIA (hereinafter referred to as "District") AND DAON CORPORATION, a Delaware corporation authorized to do business in California (hereinafter referred to as Daon"). RECITALS WHEREAS, the District has previously established and fixed a policy in regard to the rules and regulations for a program of reimbursement of certain costs and expenses advanced by landowners and developers for the construction `�►i of offsite sewerage facilities which have been constructed by District as part of the District's sewerage system; and WHEREAS, District believes that existing District trunk sewer and pump station facilities in Zone 2 (Big Canyon - Jamboree Road Drainage Area) are presently being utilized to their maximum capacity and must be improved or replaced in order to serve future development of properties owned by Daon and others that would connect to said facilities; and WHEREAS, District believes that it does not now have sufficient funds on hand, or in immediate prospect, from the ad valorem taxes or from connection charges, or from any other source, to complete in a timely manner the construction of sewerage•facilities necessary to efficiently serve certain prop- erties located tributary to the existing Jamboree Road Station and sought to be developed by Daon in the near future; and 1 WHEREAS, in order to provide funds to District to aid in the construction of the Big Canyon - Jamboree Road Trunk Sewer Line (hereinafter referred to as v "Gravity Line"), or in the alternative the replacement of the existing Jamboree Pump Station and Force Main (hereinafter referred to as "Pump Station"), Daon agrees to insure that funds as provided below will be available to District; and WHEREAS, District is presently studying all alternative methods of pro- viding expanded sewerage service capacity in order to insure the most cost efficient system based upon the best available technology is constructed; and WHEREAS, performance of the terms and conditions of this agreement will allow the District to immediately undertake the development of additional sewer capacity to serve existing developed properties in a safe manner and will allow Daon to develop its property, therefore resulting in a mutual benefit to both parties. NOW, THEREFORE, in consideration of the above premises, and other valuable consideration, the parties hereto agree as follows: 1. It is understc4 and acknowledged that most of the necessary planning and engineering for the design and construction of the Gravity Line has been completed. District shall undertake to cause the necessary initial planning and engineering to be done for the design and construction of a replacement of the existing Pump Station. This dual preliminary design will allow District to select the most cost efficient and environmentally desirable system. 2. District will be responsible for all additional engineering, including the preparation of the detailed plans and specifications for the Gravity Line or Pump Station replacement, depending on which alternative is selected for construction. 3. District shall be solely responsible for the payment of all engineering fees related to the design and supervision of construction of the Gravity Line or Pump Station. 2 4. Upon completion of the engineering studies and the preparation of detailed plans and specifications, District will cause a notice inviting bids to be published and posted in accordance with District policies, regulations and state law. OP 5. District shall award a contract, in accordance with its standard procedures, for the construction of the Gravity Line or Pump Station replace- ment, and District shall be solely responsible for the payment of the contract and the supervision of the construction. 6. In order to allow the District to proceed with engineering design and the award of a construction contract, Daon hereby agrees to post within thirty (30) days of the execution of this agreement a performance bond to insure payment to District of the sum of up to Four Hundred Thousand ($400,000.00) Dollars of advance connection charges that may be due and owing to District in the future from Daon and others for connecting to District facilities. The form and content •. of said bond shall be subject to approval by the District's General Counsel. A payment in cash against the obligation set forth herein in an amount of Four Hundred Thousand ($400,000.00) Dollars, less any cash advancement as provided hereinafter, shall be made to District by Daon within thirty (30) days following award of the contract by District for the construction of the sewer improve- ments. Daon further agrees to advance a portion of said Four Hundred Thousand ($400,000.00) Dollars in cash, up to an amount of Fifty Thousand ($50,000.00) Dollars, prior to the contract award date, and upon written demand of District, should District require funds for additional planning, engineering, or environ- mental studies in connection with said sewer facility improvements. 7. Daon agrees to cooperate with District in its efforts to obtain any necessary permits or agency approvals required in connection with the construc- tion of said sewer facility improvements. The primary and sole responsibility, 3 however, for obtaining permits or agency approvals shall remain with District. 8. For any properties owned and developed by Daon during the term of this agreement, which will connect to the facilities located anywhere within the District, Daon shall pay to District the applicable connection charges and any other legally required permit fees then in force and effect by the District. These fees are in addition to the obligation of Daon herein to pay the sum specified in Section 6. 9. The obligation of District under the terms of this agreement to repay Daon for the connection charges advanced pursuant to Section 6, to provide financing for the Gravity Line or Pump Station, shall be limited solely to the provisions contained in Section 10 herein. 10. District agrees to reimburse Daon for the sum of Four Hundred Thousand ($400,000.00) Dollars paid by Daon pursuant to Section 6 in accordance with the following terms and conditions: A. The principal sum of Four Hundred Thousand ($400,000.00) Dollars shall be repaid to Daon by District at such time as replacement monies become available to District. B. In accordance with the provisions of ordinances and resolutions adopted by District and relating to the collection of connection charges and the use of said monies received therefrom, District shall endeavor to apply connection charges received by the entire District to the repayment of the connection charges advanced by Daon pursuant to this agreement. Additionally, District reserves the right to apply other service fees, annexation fees or monies received from the imposition of ad valorem taxes or any other revenues within the control of District towards the repayment of the connection charges advanced by Daon. C. Reimbursement shall be on a percentage formula with any other 4 property owners who advance connection charges in aid of construction of the sewer facilities described herein, which owners have entered into an agreement with District for reimbursement thereof. The formula shall be on the basis of the amount of contribution made by Daon, pursuant to Section 6, to the total cost of the sewer improvements as described in this agreement. D. In the event District uses revenues other than connection charges to make payments due to Daon pursuant to the terms and conditions of this agreement, the full amount of the sums paid to Daon shall be credited against the full amount of advance connection charges paid by Daon to District. E. The amounts advanced by Daon to District shall not bear interest. 11. If for any reason District is unable to enter into a construction contract by June 1, 1981, for the sewer improvements as provided herein, District shall release the construction bond as provided in Section 6 hereinabove, and automatically exonerate said bond, and reimburse Daon for any monies advanced to date, except if the terms and conditions as provided herein are extended by mutual agreement of the parties hereto. 12. Simultaneously with the execution of this agreement by the parties, District shall provide to Daon a written notice ("will serve letter"), uncon- ditionally guaranteeing that there shall be adequate sewer capacities in the Big Canyon - Jamboree Road Drainage Area to accept any proposed sewerage flows emanating from the 300 residential units and ancillary facilities (not to exceed 310 sewer permits) to be developed on the unimproved land owned by Daon tributary to the Jamboree Pump Station, generally known as the Ford Aero- nutronic site, Tentative Map of Tract 10391. Said "will serve letter" shall be effective as of the date when the contract is awarded foMhe construction of the sewer facilities which are the subject of this agreement. In the event no contract is awarded and no expanded facilities are constructed during the term of 5 this agreement, the "will serve letter" shall be of no further force or effect. 13. Should any development occur and be completed on said Ford Aeronutronic site prior to the completion of the construction of sewer facilities as provided in this agreement, the parties hereto shall enter into a separate agreement to approve temporary sewerage disposal facilities or methods, in- °l cluding but not limited to, the installation of appropriate onsite holding tanks �J with discharge permitted at District existing facilities or to permit direct discharge into an Irvine Ranch Water District (IRWD) facility under a separate agreement with IRWD. 14. District agrees to allow Daon at its option to purchase 310 sewer permits after the sewer facility construction contract is awarded and in advance of the issuance of any building permits for construction of the 300 residential dwelling units and ancillary facilities on the Ford Aeronutronic site. It is understood that said 310 sewer permits shall not be effective until the sewer improvements as provided herein are constructed. It is further agreed that Daon shall pay to District any difference in the per-unit connection fee established by District between the date of issuance of the permit and the effective date of the permit. Said additional fee, if any, shall be paid prior to making any connection to District facilities. 15. District agrees to hold Daon harmless from any and all liability which may arise out of the construction of the sewerage facilities subject to this agreement, or arising out of the ownership of the sewerage facilities subject to this agreement. 6 16. It is recognized that District shall have exclusive ownership and control of the sewerage facilities constructed pursuant to this agreement, and that Daon shall have no interest therein, either as an owner or as financial security for connection charges advanced in aid of construction. Daon shall have the same and similar rights of all other property owners of the District, and no special benefits shall accrue to Daon as a result of the execution of this agreement, other than expressly stated in the terms and conditions contained herein. 17. Daon agrees, at all times during the term of this agreement, to keep the District and the Secretary thereof informed as to the exact mailing address of Daon. Daon shall have the right to assign its interest in this agreement to others, and thereupon (i) shall have its bond exonerated; and (ii) shall be relieved of all further obligations hereunder; and District agrees -to such assignment, provided that any such assignment agreement requires the assignee to post a L..� similar performance surety bond in a form satisfactory to the District's General Counsel. Said assignment must be in writing and an executed copy thereof shall be delivered to the District, and District shall at all times be kept fully informed of the name and address of each assignee to whom the reimbursement payments are to be paid. Daon may also name a depositary who shall be conclusively presumed by Daon and District to have been paid in fulfillment of District's obligations hereunder. IN WITNESS WHEREOF, the undersigned have set their hands as of the day and year first above written, and the undersigned District does hereby execute 7 . ti this agreement by and through its Chairman and Secretary duly authorized by resolution. 110✓ COUNTY SANITATION DISTRICT NO. 5 OF ORANGE COUNTY, CALIFORNIA By Chairman, Board of Directors By Secretary, Board of Directors APPROVED AS TO FORM: Thomas L. Woodruff, General Counsel DAON CORPORATION By By TLW:pj Daon K DO O1115180 8 a r T _Ike C — ---• - --� — (1 Q ck 7< V n/d z4— Vl -- --Grin.-,,—S U-4 XL C I -it-in 9C 0 -/,5 r • -- 06(e / J USIA I d �` Gi'= —-- — _ IAU� -�-�- 5L - rv- XL YCt.4� 1 t r1,�. MEETING DATE Jan. 15, 1980 TIME 3:00 p-m-DISTRICTS 5 DISTRICT 1 JOINT BOARDS (SCHUSTER). . . . . SHARP .. . . . . • (YAMAMOTO).. . . . WARD . . . . . . • (SVALSTAD)• • • • •ADLER• • • • - �CLARK�. . . . . . . . ANTHONY. . . . . . (CL.ARK). . . . . . . .ANTHONY• • - .... CRANK . . . . . . . . HUTCH I SON. • • • MACAL ISTER)• •BAILEY• . • • ?ERRY� CULVER DISTRICT 2 KIRKPATRICK)••FINLAYSON- GAMBINA) • - • • • •FOX• • • • • • S FRIED)• • • • . . . WEDAA : : _: :: NYBORG) .. . . . ..GLOCK• • :: : ((RASHFORp)• • • HOLT• • WARNER) •GRAHAM. . - ' (CORBETT) • •GRAHAM• - (GAMBINA ... . .. FCY. SRASHFORD) . . . . .HOLT. . . . . . . WELLS HOUSTON. . . . . . ((WELLS . . . . . .. .HOUSTON• • - CLARK� _.•• . • • • MILLER. . . . . . SCRANK . . . . . . ..HUTCHISON CULVER ... .. . . . PERRY. . . . . . . . IGAMBINA) • •• • ••LE BARON- - - — GRAHAM). . . . . . . ROGET. . . . . . • MANDIC) . . . . . ..MACALLISTER SSEYMOUR)• • • • • • ROTH �RYCKOFF) • • • • ••MC INNIS IHOYT) • • • - - •• SMITH• - • • • •• • CLARK).... . . . ..MILLER• • • • (SVALSTAD). . . . . STANTON. . . . . . (MACALLISTER)-•PATTINSON- - (WINTERS)• • • - • • VELASQUEZ- • • (CULVER) •• • ••PERRY• • • • (WARD). . . . . . . . . YAMAMOTO • • • (GRIFFIN). .. ...REESE. .. . . . DISTRICT 3 (CLARK . .. . . . . . - •RILEY• (GR HAM). . . . ...ROGET• • • •• SEYMOUR)• • • • • •ROTH. . . . . . . (NYBORGG). . . . . . . FRESE. . . . . . . EVANS). . . .. . . .ROWAN• • • •: (EVANS)• • • •• • •ROWAN• • • • • • • HUMMEQ.. . . • • •RYCKOFF- (SVALSTAD)• • •ADLER. . . . . . . . LASZLO . . ..SEITZ• . . .. . (MACAL ISTER)• •BAILEY• • (SCHUSTER)- SHARP (PERRY. . . . . • •CULVER• • • • •• • HOYT)•• • •• • •• •SMITH• • • • . (KIRKPATRICK)• •FINLAYSON• • • • (SVALSTApp)-• • • •STANTON• • • - CORBETT) .. . . ..GRAHAM• • •• • • • (RYCKOFF)• • • • • •STRAUSS• • - (GAMBI NA) •- • - • •LE BARON. . . . . (ZOMMICK)• • -• • •SYLVIA• • • • • GRIFFIN) •• • • • •REESE.. . . . . . . (SILLS). . . . . . . .VARDOULIS• • (SEYMOUR) • • • • • •ROTH. .. . . . . . . (WINTERS)• • • • • •VELASQUEZ- SSLASZLO) • • • • •SEITZ- • YAMAMOTO)• • • • •WARD• • (ZOMMICK.). . . . . .SYLVIA• . . . . (FRIED)• .. . . .WEDAA• • • - (WHEEL�R). . . . . .WEISHAUPT. . . . (SHEELER)• • • • • .WEISHAUPT- (CLARK . . . . . .WIEDER. . . . . . . (SCHUST ER). • • • •WELSH• • • • • �VELASQUEZ). .. .WINTERS. . . . .. CLARK . . .. . . . . .WIEDER• • .• • WARD). .. . .. . . .YAMAMOTO WINTERS. . . . . . RYCKOFF). .. .. .WILLIAMS• • • SVELASQUEZ). . . .WINTERS.• •• DISTRICT 5 WARD)• • •• •. • • •YAMAMOTO. . (HUMMEL) . . . . .RYCKOFF. . . . . . J 1 OTHERS (RYCKOFF5- . • • • •STRAUSS• • • • . . (CLARK) . . • • • • •RILEY- • . - • • - •�L_ ✓ HARPER. • • • • ✓ SYLVESTER • - DISTRICT 6 LEWIS .. . . . . CLARKE • • • • (RYCKOFF)• . •. • •MC INNIS. . . . . BROWN . .. .. . (CRANK)• • • • • • • •HUTCHISON- - • • (CLARK). . . . .. . .ANTHONY. . . . . . WOODRUFF • • - DISTRICT 7 HOHENER • - . - HOWARD . . . . . (HOYT) • • • • •SMITH• • • •• • HUNT . . . . . . . (RYCKOFF) • • •• • •WILLIAMS• • • • KEITH . . . . . . (WAHNER). .... ..GLOCKNER.. . . . KENNEY . . . . . (CLARK).. . . .. . .MILLER.. . . . . . LYNCH • • • • - SSILLS). . . . . . • .VARDOULIS. . . . MARTINSODDOX - - IYAMAMCTO - • •WARD• • -- - • - - . MARTINLL . . . (SCHUSTER�•• • • •WELSH... . . . . . STEVENS STEVENS • • - . DISTRICT 11 TRAVERS • - • • (MACALLISTER) . .PATTINSON. . . . f (MANDIC) . . . . . . .MACALLISTER. . (CLARK).. . . .. . .WIEDER. . . . .. i/15/80 �/c C nti. S1'3 1 TATION 01SQ12lc -j E/L2 Y /AnR020-r �� 14,1 7,4v,,, �5,jw. 4ssej/ W r 4-L o S c w n�► , 7" D�,vll ku.^j a er, DTAo t� r•�