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.
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IN
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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
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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. . . . ..
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