Loading...
HomeMy WebLinkAboutOCSD 18-10 (REPEALED)RESOLUTION NO . OCSD 18-10 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ORANGE COUNTY SANITATION DISTRICT SUPPORTING IRVINE RANCH WATER DISTRICT'S LOCAL AGENCY FORMATION COMMISSION APPLICATION TO EXPAND ORANGE COUNTY SANITATION DISTRICT'S SERVICE BOUNDARY TO INCLUDE PORTOLA HILLS AND BAKER RANCH PER THE MAY 8, 2017 AGREEMENT WITH IRVINE RANCH WATER DISTRICT WHEREAS, The Orange County Sanitation District ("OCSD") is a duly organized County Sanitation District , existing pursuant to the County Sanitation District Act, California Health & Safety Code Sections 4700 et seq ., providing for the ownership, operation, and maintenance of sewage collection, treatment, and d isposal facilities; and WHEREAS, Irvine Ranch Water District ("IRWD") is organized and existing pursuant to the California Water District Law, California Water Code Section 34000 et seq ., and also owns , operates, and maintains sewage collection, treatment , recycling and disposal facilities pursuant to powers granted by such Law; and WHEREAS , OCSD has established and maintains two (2) separate Revenue Areas, the Consolidated Revenue Area (CRA) and Revenue Area 14 (RA14), to provide for, among other things, segregated accounting of revenues and expenses; and WHEREAS, RA 14 is entirely within IRWD's jurisdictional boundaries, and within said boundaries IRWD provides local sewage collection service and delivers a portion of the sewage collected within IRWD's service area to OCSD's trunk sewer and treatment plant facilities for treatment and disposal, pursuant to the terms and conditions of those certain agreements between IRWD and OCSD, as the successor to County Sanitation District No. 14 of Orange County ("RA 14 Agreements"); and OCSD 18-10-1 REPEALED BY OCSD 19-02 WHEREAS, the RA 14 Agreements provide for IRWD's use and funding of capacity and ownership equity on the basis of OCSD 's annual integration adjustment and Capital Outlay Revolving Fund ("CORF") sharing formulas, utilizing flows generated within RA 14; and WHEREAS, RA14 encompasses the portions of IRWD's service area from which sewage flows are diverted to OCSD's regional treatment facilities or are capable of being discharged either to IRWD's Michelson Water Recycling Plant ("MWRP") or OCSD's regional treatment facilities, and through RA 14 and OCSD trunk sewers, OCSD conveys to its regional treatment and disposal facilities the sewage flows from the portion of the IRWD service area that are in excess of the amount of sewage IRWD delivers to MWRP; and WHEREAS, OCSD, in partnership with Orange County Water District, is engaged in the indirect potable reuse of sewage through the Ground Water Replenishment System, and the treated effluent tributary to the Ground Water Replenishment System, including all sewage and urban runoff diversions from RA 14, is subject to advanced source control requirements to limit substances that would render the sewage unsuitable for subsequent indirect potable reuse; and WHEREAS, IRWD is prohibited from bringing sewage into OCSD's service area that may reach OCSD's facilities, directly or indirectly, without OCSD authorization; and WHEREAS, IRWD's service territory also includes areas that discharge sewage to IRWD's Los Alisos Water Recycling Plant ("LAWRP") and/or other treatment facilities, as depicted in the attached Agreement dated May 8, 2017 (Exhibit "A "), attached hereto and incorporated herein by this reference (the "Los Alisos Area"); and OCSD 18-10-2 WHEREAS, IRWD currently is not authorized to discharge from LAWRP to MWRP via the San Diego Creek Interceptor Sewer, since this flow originates from outside of OCSD's service area; and WHEREAS, more particularly, the Los Alisos Area includes the following subareas, depicted in the Agreement dated May 8, 2017 attached hereto and incorporated herein by this reference: • Portion of Portola Hills ("Area 1 ") -flows were delivered by a lift station to Santa Margarita Water District's Chiquita Water Recycling Plant. IRWD has removed the lift station and constructed a gravity sewer that conveys Area 1 flows to MWRP; • Portion of Baker Ranch ("Area 2") -when Area 2 is developed, flows from a portion of the area will be tributary to MWRP, and flows from the remainder will be tributary to LAWRP; • The former Los Alisos Water District ("LAWD") service area, consolidated with IRWD on December 31, 2000, with IRWD as the consolidated successor district, ("Area 3") -flows are tributary to LAWRP, but could also be delivered to MWRP with system modifications; and WHEREAS, Areas 1, 2, and 3 of the Los Alisos Area are located outside of, but in close proximity to, the jurisdictional boundary of OCSD, and to provide for discharge capability from areas outside the OCSD boundary to RA 14, an out-of-area service agreement is required between IRWD and OCSD; and WHEREAS, OCSD and IRWD have set forth the terms and conditions for an out- of-area service agreement that initially covers Areas 1 and 2; and WHEREAS, IRWD does not intend to send sewage, treated sewage, or solids from Area 3 to MWRP, or by extension to OCSD facilities at this time. OCSD 18-10-3 NOW, THEREFORE, in consideration thereof, the Board of Directors of the Orange County Sanitation District, DOES HEREBY RESOLVE, DETERMINE, AND ORDER: Section 1: OCSD su2ports the expansion of its Service Boundary. OCSD supports IRWD's application to the Orange County Local Agency Formation Commission to expand OCSD's Service Boundary to encompass Area 1 (Portola Hills) and Area 2 (Baker Ranch) into RA 14. Section 2: Delivery to RA14 and OCSD ,. OCSD will allow IRWD's connection of its sewage collection systems serving Area 1 and Area 2 to IRWD's trunk sewer system having the capability of delivering flows to RA 14 and OCSD facilities for conveyance, treatment and disposal. Section 3: Industrial Waste Monitoring. The Area 1 and 2 shall be subject to the Memorandum of Understanding between County Sanitation District No. 14 of Orange County, California and Irvine Ranch Water District Governing Industrial Waste Program Administration, dated February 11, 1987. All Class 1, Class 2, Urban Runoff, and Special Purpose Dischargers within Area 1 and Area 2 shall obtain permits from OCSD per OCSD Ordinance 48, which may be amended from time to time. OCSD 18-10-4 PASSED AND ADOPTED at a regular meeting of the Board of Directors held June 27, 2018. APPROVED AS TO FORM : OCSD 18-10-5 STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) I, Kelly A. Lore, Clerk of the Board of Directors of the Orange County Sanitation District, do hereby certify that the foregoing Resolution No. OCSD 18-10 was passed and adopted at a regular meeting of said Board on the 27th day of June 2018, by the following vote, to wit: AYES: NOES: ABSTENTIONS: ABSENT: Beard (Alternate); Bernstein; Collacott; Deaton; Ferryman; Hawkins; Kim; Krippner (Alternate); R. Murphy; Parker; Peterson; Sebourn; Shaw; Shawver; F. Smith; T. Smith; Wagner; Wanke; Withers; and Yarc None None Barnes; Benavides (Alternate); Nagel; Peotter and Steel IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of Orange County Sanitation District this 27th day of June 2018. Kellv. A. L ~ , MMC Clerk oft Board of Directors Orange County Sanitation District OCSD 18-10-6 AGREEMENT RELATING TO IRVINE RANCH WATER DISTRICT LOS ALISOS AREA AND INCLUSION OF FLOWS IN REVENlJE AREA 14 FLOW CALCULATIONS THIS AGREEM E NT is made and entered into. to be effective this ~day of vt f ~-2017. by and between ORANGE COUNTY SANITATION DISTRICT. a County Sanitation District. hereinafter referred to as ··ocSD." and IRVINE RANCH WATER DISTRICT. hereinafter referred to as ··rRWD ." RECITALS WHEREAS. OCSD is a duly organized County Sanitation District. existing pursuant to the County Sanitation District Act. California Health & Safety Code Sections 4700 et seq .. providing for the ownership. operation. and maintenance of sewage collection. treatment. and disposal facilities: and WHEREAS. IRWD is organized and existing pursuant to the California Water District Law. California Water Code Section 34000 et seq ., and also owns. operates. and maintains sewage collection. treatment. recycling and disposal facilities pursuant to powers granted by such Law: and WHEREAS . OCSD has established and maintains two (2) separate Revenue Areas. the Consolidated Revenue Area (CRA) and Revenue Area 14 (RA14). to provide for. among other things. segregated accounting of revenues and expenses: and WHEREAS. RA 14 is entirely within IR WD's jurisdictional boundaries. and within said boundaries IRWD provides local sewage collection service and delivers a portion of the sewage collected \.vithin IRWD's service area to OCSD's trunk sewer and treatment plant facilities for 1 1213.387.3 treatment and disposaL pursuant to the terms and conditions of those certain agreements between IR WO and OCSD. as the successor to County Sanitation District No. 14 of Orange County (""RAl4 Agreements""): and WHEREAS. the RA 14 Agreements provide for IR WO" s use and funding of capacity and ownership equity on the basis of OCSD"s annual integration adjustment and Capital Outlay Revolving Fund (""CORF"")-sharing fomrnlas. utilizing flows generated within RA 14: and WHEREAS. RA 14 encompasses the portions of IRWD"s service area from which sewage flows are diverted to OCSD"s regional treatment facilities or are capable of being discharged either to IRWD"s Michelson Water Recycling Plant (""MWRP'") or OCSD"s regional treatment facilities. and through RA 14 and OCSD trunk sewers. OCSD conveys to its regional treatment and disposal facilities the sewage flows from the portion of the IR WO service area that are in excess of the amount of sewage IR WO delivers to MWRP: and WHEREAS. OCSD. in partnership with Orange County Water District. is engaged in the indirect potable reuse of sewage through the Ground Water Replenishment System. and the treated effluent tributary to the Ground Water Replenishment System. including all sewage and urban runoff diversions from RA 14. is subject to advanced source control requirements to limit substances that would render the sewage unsuitable for subsequent indirect potable reuse: and WHEREAS. IRWD is prohibited from bringing sewage into OCSD"s service area that may reach OCSD's facilities. directly or indirectly. without OCSD authorization: and WHEREAS. IRWD"s service territory also includes areas that discharge se\vage to IR WD"s Los Alisos Water Recycling Plant (""LA WRP"") and/or other treatment facilities. as depicted in Exhibit ··A.'' attached hereto and incorporated herein by this reference (the ··Los Alisos Area""): and 2 1213387.3 WHEREAS. IRWD currently is not authorized to discharge from LA WRP to MWRP via the San Diego Creek fnterccptor Sewer. since this flO\V originates from outside of ocso·s service area: and WHEREAS. more particularly. the Los Alisos Area includes the following subareas. depicted in Exhibit .. A." attached hereto and incorporated herein by this reference: • Portion of Portola Hills ( .. Area l ") -flows were delivered by a lift station to Santa Margarita Water District"s Chiquita Water Recycling Plant. IRWD has removed the lift station and constructed a gravity sewer that conveys Area I flows to MWRP: • Portion of Baker Ranch ('·Area 2") -when Area 2 is developed. flows from a portion of the area will be tributary to MWRP, and flows from the remainder will be tributary to LA WRP: 111 The former Los Alisos Water District (LA WO) service area, consolidated with IR WO on December 31. 2000. with IRWD as the consolidated successor district ( .. Area 3'') -flows are tributary to LA WRP. but could also be delivered to MWRP with system modifications: and WHEREAS. Areas l, 2 and 3 of the Los Alisos Area are located outside ot: but in close proximity to, the jurisdictional boundary of OCSD, and to provide for discharge capability from areas outside the OCSD boundary to RA 14. an out-of-area service agreement is required between !RWD and OCSD: and WHEREAS. OCSD and IRWD intend to set forth the terms and conditions for an out-of- area service agreement that will initially cover Areas land 2 (referred to hereafter as the .. Included Area"): and WHEREAS. IRWD does not intend to send sewage, treated sewage or solids from Area J to MWRP. or by extension to OCSD facilities at this time: and WHEREAS. because the flows to RA 14 from the Included Area. as measured through the 3 12 i .U87J Main Street Flume as sewage or diverted solids. constitute flows that are tributary to MWRP. the Parties have determined that the formula adjustment of flows to highest-four-months. specified in the RA 14 Agreements for purposes of calculating IRWD"s annual integration adjustment and CORF-sharing allocation. shall be applicable to flows from the Included Area conveyed to the RA 14 and OCSD regional collection. treatment and disposal facilities: AGREEMENT NOW. THEREFORE. in consideration of the mutual promises set forth herein. the parties hereto agree as follows : Section I : Out of Area Service. OCSD and IR WO agree that the Included Area shall receive out-of-area service from OCSD under the terms and conditions of this Agreement. At the effective date of this Agreement the Included Area shall consist of Area l and Area 2 only. Area 3 is specifically excluded from this Agreement at this time and flows from Area 3 will not be allowed to be conveyed to RA l 4 or by extension to MWRP as these flows of sewage and sludge would be tributary to OCSD. Section 2: Deliven to RA 14 and OCSD. OCSD agrees to IRWD"s connection of its sewage collection systems serving the Included Area to IRWD"s trunk sewer system having the capability of delivering flows to RA 14 and OCSD facilities for conveyance. treatment and disposal. Section 3 : Addition of Included Areas Flows to RA 14 Flows. For purposes of determining the RA 14 share of the OCSD CORF and operation and maintenance costs. RA 14 will be charged for flows and /or solids delivered from the Included Area to OCSD"s regional trunk sewer system in the s ame manner as for other RA 14 flows measured at the Main Street Flume. pursuant to the RA 14 Agreements . This flow infom1ation shall be displayed via the 121 JJ87J Monthly Gallonage Summary Report that is generated by OCSD. Section 4: Inclusion in RA 14 Cost Sharin!! To Be In Lieu of OCSD Charges. In consideration of the application of the funding obligations with respect to the Los Ali sos Area flows as described in Section 2. no capital facilities charges. connection charges or other charges shall be owed to OCSD for the Included Area . Section 5: Industrial Waste Monitoring. The parties agree that Area I and 2 shalL upon becoming an Included Area. be subject to the Memorandum of Understanding between County Sanitation District No . 14 of Orange County . California and Irvine Ranch Water District Governing Industrial Waste Program Administration. dated February 11. 1987 . All Class 1. Class 2. Urban Runoff. and Special Purpose Dischargers shall obtain permits from OCSD per OCSD Ordinance 48. which may be amended from time to time. IRWD and OCSD shall bring the Included Area into permit compliance within 120 days of the effective date of this Agreement. All OCSD pern1it fees and charges shall be billed to IR WO as any RA 14 permit would be billed . IRWD shall collect any user fees directly from customers. Section 6: Termination. This agreement shall terminate three years after the effective date. This term will allow for the lawful conveyance of sewage from the Included Area while the Parties work to agree on a longer-tem1 plan for the service provision to the Los Alisos Area. The Parties acknowledge their mutual intention that the longer-term plan will be implemented by seeking annexation of the Included Area to OCSD. along with OCSIYs administrative inclusion of the Included Area in RA 14. The Parties agree to work diligently and in good faith to pursue such actions as expeditiously as possible. IR WO agrees to serve as the applicant to the Local Agency Formation Commission for the annexation of the Included Area to OCSD. Section 7: Entire Agreement. This instrument contains the entire agreement between I~ 13387 . .l the parties relating to the rights herein granted and the obligations herein assumed . IN WITNESS WHEREOF. this Agreement has been executed in duplicate in the names of the respective Districts by their duly authorized otticers. effective as of the day and year tirst above written. APPROVED AS TO FORM: BRADLEY R. HOGIN. DISTRICT COUNSEL i, /-;,1 APPROVED AS TO FORM: BOWIE. ARNESON. WILES & GIANNONE By ______ _ 121.U X7 3 ORANGE CO UNTY SANITATION DISTRICT B)~~ Chair Board of Directors IRVINE RANCH WATER DISTRICT B y,)--~/-_, Secretary the parties relating to the rights herein granted and the obligations herein assumed. IN WITNESS WHEREOF, this Agreement has been executed in duplicate in the names of the respective Districts by their duly authorized officers, effective as of the day and year first above written. APPROVED AS TO FORM.: BRADLEY R. HOGIN, DISTRJCT COUNSEL By ~hft/ APPROVED AS TO FORNI: BOWIE, ARNESON, WILES & GIANNONE. •I / /~· ,,.,--: '/'i.h'f /" 1' B ,. ~,._____________ y ·~/ ' ' ' I 1213387.3 ' ORANGE COUNTY SANITATION DISTRICT By ~~ IRVINE R, By __ _ ,9er By-J-_,.l. Sec. . ··=·-~ J / / j7 / AreaJ I -----_ ___/ ./ / .-\ ca, . )> r- (fi 0 (/) </~,<) ·o ·~!/.to 'r------