HomeMy WebLinkAboutAd Hoc Committee re Service to Outside Areas 10-08-1992November 17, 1993
NOTICE TO THE
AD HOC COMMITTEE
RE SERVICE TO OUTSIDE AREAS
William D. Mahoney, Joint Chairman
Director Charles E. Puckett, Vice Joint Chairman
A. B. Catlin, Past Joint Chairman
Don R. Griffin, Past Joint Chairman
John Collins, Chairman Pro Tern, District 2
RE: Committee Meeting: Tuesday, November 23, 1993 at 5:30 p.m.
CSDOC Administrative Offices
(A light dinner will be served before the meeting)
We have been asked to notify you that there will be a meeting of the Ad Hoc
Committee to discuss a developing proposal wherein IRWD (District 14) would
exchange flows with an area outside the District's boundary in the Los Alisos
Water District.
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COUNTY SANITATION DISTRICTS
of ORANGE COUNTY, CALIFORNIA
November 17, 1993
MANAGER'S REPORT
to
Special Ad Hoc Committee
re
Service to Outside Areas
10844 ELLIS AVENUE
P.O. BOX 8127
FOUNTAIN VALLEY, CALIFORNIA 92728-8127
(714) 962-2411
Consideration of Irvine Ranch Water District Request to Provide Service to a
Portion of Los Alisos Water District.
The Irvine Ranch Water District (IRWD) is proposing to provide service to a small
portion of the Los Alisos Water District (LAWD). As we understand the proposal,
flow from LAWD would be received by IRWD while other flow from IRWD would
be received by LAWD. It is proposed that approximately 220 acres of commercial
and industrial land within LAWD be served by IRWD (and therefore District No. 14)
and that IRWD would exchange approximately 99 acres of commercial, industrial
and residential development to be served by LAWD. Accordingly to LAWD
calculations, a net increase of 150,000 gallons per day would be accepted by
IRWD (the Sanitation Districts treats about 230 million gallons per day). It is not
clear if this would result in any net increase to the Sanitation Districts, in that
IRWD reclaims a great deal of its flow. Since we have not yet received a formal
request from IRWD, we're not completely sure of the amount of flow that each
district would exchange; however, the area outside of the District proposed to be
served by IRWD (and therefore District No. 14) is an amount approximately equal
to that delivered to IRWD.
The purpose for this exchange of flow is to reduce construction of individual
sewage facilities by IRWD and LAWD. Apparently, this exchange will allow the
elimination of the construction of an added sewer and possibly the elimination of a
pump station by the water districts. Staff believes that this proposal has received
preliminary approval from the IRWD Board of Directors.
The Committee will recall that service cannot be provided to any area outside of
the existing Districts' boundaries or established spheres of influence without
approval of the Boards of Directors. The Boards of Directors have established this
Special Ad Hoc Committee to review such requests and make recommendations to
the Boards. The fact that there is an exchange of sewage, even if equal, does not
change the policy.
Manager's Report
to Special Ad Hoc Committee
November 17, 1993
Page Two
Depending on when the facilities are completed, the Districts could receive
additional flow for an interim period of time. For instance, if for some reason
IRWD flow is not or cannot be delivered to LAWD, the District could receive a net
increase in flow. More important to staff is the assurance that LAWD will follow
the Districts' Source Control Ordinances. If the Directors react favorably to the
exchange of flows, appropriate agreements would have to be negotiated and
approved.
At the meeting staff will be prepared to brief the Committee in more detail.
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Report of the Executive Committee
January 27, 1993
a) Revising Procedures for Settlement of Claims.
The Committee recommends that the Boards adopt the enclosed
(goldenrod) resolution Revising Districts' Procedures for Settlement of Claims Made
Against the Districts; Settlement of Claims Made of the Districts; Collection of
Delinquent Accounts Owing to the Districts; and Settlement of Civil or Administrative
Enforcement Actions.
Executive Committee Recommendation: The Executive Committee concurs
with the recommendation of the Fiscal Policy Committee to adopt a resolution revising
the Districts' procedures for settlement of claims.
2) Reoort and Recommendation of the Ad Hoc Committee re Service to
Outside Areas.
Joint Chairman Mahoney reported that the Ad Hoc Committee Re Service
to Outside Areas has met several times to consider a request for sewerage service to
certain properties in the Cite of I a Habra Heights, which is currently outside the
Districts' approved service area, vis-3-vis the Districts' existing Policy Pertaining to
Future Areas to be Served by the Districts. He then reviewed the enclosed (green)
Report and Recommendations of the Ad Hoc Committee recommending that the
existing policy prohibiting service to areas outside those currently approved, be
revised to provide service to the City of La Habra Heights because it will provide a
means to mitigate degradation of groundwater supplies in Orange County by
eliminating on -site septage systems.
Executive Committee Recommendation: The Executive Committee concurs
with the recommendation of the Ad Hoc Committee that the Boards adopt the
proposed resolution revising the Policy Pertaining to Future areas to be Served by the
Districts.
(2 of 5)
COUNTY SANITATION DISTRICTS
RE: AGENDA ITEM NO. 11
January 27, 1993
REPORT OF THE EXECUTIVE COMMITTEE
Meeting Date: January 27, 1993 - 5:30 p.m.
EXECUTIVE COMMITTEE:
William D. Mahoney
Evelyn Hart
Buck Catlin
Don R. Griffin
Robert Richardson
Hank Wedaa
Sal A. Sapien
John C. Cox, Jr.
James A. Wahner
Charles E. Puckett
Grace Winchell
John M. Gullixson
Peer A. Swan
Roger R. Stanton
Absent:
Don Roth
Joint Chairman
Vice Joint Chairman
Past Joint Chairman
Past Joint Chairman
Chairman, District 1
Chairman, District 2
Chairman, District 3
Chairman, District 5
Chairman, District 6
Chairman, District 7
Chairman, District 11
Chairman, District 13
Chairman, District 14
County Supervisor
County Supervisor
of ORANGE COUNTY, CALIFORNIA
106" ELLIB AVENUE
R.O. BOX 8127
FOUNTAIN VALLEY, CALIFORNIA 9272&8127
(714) 962-2411
OTHERS PRESENT:
Director James V. Evans
Thomas L. Woodruff, General
Counsel
STAFF PRESENT:
Wayne Sylvester, General Manager
Blake Anderson, Director of
Technical Services
Tom Dawes, Director of
Engineering
Gary Streed, Director of Finance
Ed Hodges, Assistant Director
of Maintenance
Bob Ooten, Assistant Director
of Operations
Ed Torres, Air Quality Manager
1) Reoort and Recommendation of the Fiscal Policy Committee.
Fiscal Policy Committee Chairman Puckett reported that the Committee met on
January 20th and considered several items of business. Enclosed is a copy of the
Committee's report on their deliberations. The Committee recommended the following
action item:
(1 of 5)
COUNTY SANITATION DISTRICTS
of ORANGE COUNTY, CALIFORNIA
December 16, 1992
10844 ELL19 AVENUE
P.O. BOX 8127
FOUNTAIN VALLEY, CALIFORNIA 92728-8127
F7141962-2411
REPORT AND RECOMMENDATIONS OF THE AD HOC COMMITTEE
RE
SERVICE TO OUTSIDE AREAS
Background
In the spring of 1991, the Districts received a request to provide sewer service to a
small development within the City of La Habra Heights, northerly of and adjacent
to the City of La Habra and Sanitation District No. 3. This property is outside the
Districts' existing boundaries and service area. In accordance with current policy
adopted by the Boards of Directors in 1985, service could not be offered.
However, in reviewing the request, the Executive Committee members noted that
if this development were constructed with on -site sewage disposal systems,
Orange County groundwater basins may be further degraded. Staff was therefore
directed to prepare a report on the advisability of expanding of the Districts'
service area to determine if a deviation from adopted policy was warranted in order
to protect the quality of groundwater supplies. A staff report dated October 16,
1991 (attached) was prepared and reviewed by the Executive Committee members
in October 1991.
Directors will also recall that over the last year a Special Ad Hoc Committee was
working on the issue of a conditional use permit, or Specific Plan, requested by the
City of Fountain Valley. That Special Ad Hoc Committee and the Executive
Committee both worked on the issue, ultimately resolved by an agreement with the
City of Fountain Valley calling for the development of a Specific Plan. While this
took place, the issue of providing sewer service to areas outside the Districts'
adopted service area was tabled.
In response to the above mentioned report and the settlement of the dispute with
the City of Fountain Valley, the matter was referred to a new special Ad Hoc
Committee to study the issue of providing sewerage service to outside areas.
Consideration of Service to Outside Areas
The Ad Hoc Committee concluded, after several meetings and discussions, that it
is in the best interests of the Districts' constituents to provide sewer service to
certain areas which are tributary to Orange County's precious groundwater supply
and that do, or have the potential to, impact the groundwater. The Ad Hoc
Committee noted that the area of immediate and particular concern is property
within the City of La Habra Heights, which is tributary to Orange County's La
Habra groundwater basin and has degradated water quality because of
contamination by high nutrient sources. The Committee found that the potential
contribution of sewage to the Districts' system is small in relation to overall
master -planned flows, would have virtually no impact on Districts' facilities, and
that the benefit of mitigating contamination of Orange County's groundwater
supplies is an overriding consideration.
Recommendation
Therefore, the Ad Hoc Committee recommends that the current policy set forth in
Resolution No. 85-207 be revised to provide that the City of La Habra Heights be
eligible to receive sewer service subject to the execution of a service agreement
providing for payment of applicable charges as established by the Boards of
Directors at the time of approval, and to encourage connections to the Districts' or
other sewage treatment systems and discourage on -site disposal systems. A copy
of a draft resolution amending the policy is attached. If an agreement is reached
with the City of La Habra Heights, it will be returned to the Directors for final
consideration.
Respectfully submitted,
AD HOC COMMITTEE RE SERVICE TO
OUTSIDE AREAS
William D. Mahoney, Chairman
A. B. Catlin
John Collins
Don R. Griffin
Evelyn Hart
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COUNTY SANITATION DISTRICTS
of ORANGE COUNTY, CAUFORNIA
October 16, 1991
STAFF REPORT
Analysis of Drainage Areas in Los Angeles
and San Bernardino counties Tributary to
Westerly and Northerly Portions
of the County San tation Districts
of orange'County
Background
1013" ELUS AVENUE
ROL BOX 0127
FOUNTAIN VALLEY. CAUFORNtA 92728.8127
(7141962.2411
In July 1991, a request to accept sewage from 17 new homes, proposed to be
constructed in the City of La Habra Heights adjacent to the northerly District
No. 3,boundary, was received by the Executive Committee. However, in
accordance with a policy resolution adopted by the Boards of Directors in 1985,
sewage can not be accepted since it would be an expansion of the Districts
service area.
However, the Directors noted that if -this development were constructed with
onsite sewage disposal systems (septic tanks), Orange County groundwater basin
could be impacted.
Staff was therefore directed to prepare a report on the possible ultimate
expansion of the Districts service area to determine if protection of the
groundwater basin warranted waiver of the 1985 policy resolution to expand the
boundary to include tributary drainage areas.
Summary
In summary, the areas which are tributary to (i.e., naturally drain into), but
outside of, the County Sanitation Districts' service area (or could logically be
sewered by) the County Sanitation Districts is as follows:
Area Fl ow
Los Angeles County 6,700 Acres 190809000 GPD
San Bernardino County 6,000 Acres 5600000 GPD
Existing Agreements for Accepting Wastewater from Outside Districts Boundaries
The Sanitation Districts provide sewer service for immediately adjacent areas
not within the Districts boundaries under separate sewer service agreements, as
shown on the attached map. In the past, County Sanitation. District No. 3
(CSD 3) entered into agreements with Los Angeles County Sanitation Districts
(LACSD) Nos. 18 and 19, the Sandlew'ood Sewer Maintenance District, the community
of Sunset Beach and the Seal Beach Naval Weapons Station and the Joint Districts
have an agreement with the Santa Ana Watershed Project Authority (SAWPA) to
accept wastewater from the upper Santa Ana River Basin to serve -areas tributary
to CSD 3; but not within the District.
it
The areas within L Angeles County are part of a f i exchange to serve
development primarily adjacent to Coyote Creek, along the county's westerly
boundary where Coyote Creek cuts diagonally across the westerly Orange County
boundary. These agreements, approved in 19609 eliminated the need for pump
stations and siphons for both CSD 3 and LACSD Nos. 18 and 19. CSD 3 receives
about 900,000 gallons per day (GPD) from. Los Angeles County, and Los Angeles
County receives about 700,000 GPD from CSD 3 under these agreements.
The Sandlewood Sewer Maintenance District serves a small tract on the northerly
boundary for which sewer service has been provided since 1967. Since 1971,
CSD 3 has provided sewer service for the Sunset Beach community.' By separate
agreement flow is also received.from the Naval Weapons Station. Sunset Beach
and the Naval Weapons Station are "islands" within the District.
County Sanitation District No. 2 (CSD 2) and the Joint Boards entered into
agreements with SAWPA in the early 1970's to receive up to 30 million gallons
per day (MGD) of brine water originating in San Bernardino and Riverside
Counties in a program to help protect Orange County's groundwater basin from
contamination.
Boards' Policy Re Against Expansion of Service Area
With the formation of County Sanitation District No. 14 (CSD 14) to serve the
Irvine area, the City of Fountain Valley became concerned that continued
annexations or execution of sewer service agreements would require undue
expansion of -the Fountain Valley reclamation facilities, with resulting impacts
on the City. In response, the Joint Boards of Directors adopted a resolution
(copy attached) on December 11, 1985, fixing the Districts' service area as the
then existing boundaries and/or spheres of influence. There have been no
exceptions to that resolution to date.
Discussion
Recently the Directors received a request (see attached letter) to sewer 17
residential lots immediately north of CSD 3 boundary in the City of La Habra
Heights within Los Angeles County. In response to this request, the Executive
Committee directed staff to prepare a report to determine the maximum area
outside the 1985 adopted boundaries which could be sewered by gravity flow and
if it would result in a benefit to the Orange County groundwater basin by
elimination of in -ground wastewater disposal systems (septic tanks). Most of
the area is not tributary to Orange County's large groundwater basin, but to the
smaller La Habra groundwater basin.
Staff has identified areas U both Los Angeles County, including the Cities of
La Habra Heights and Diamond Bar and unincorporated areas, and San Bernardino
County, primarily from the Chino Hills area tributary to CSD's 2, 3 and 13.
Information was obtained from city and county agencies showing the following:
Current city/county/district boundaries
Tributary drainage areas
Land use, zoning and annexations
Proposed future development and master plans
Feasibility studies
Existing major trunk sewer lines
Existing local sewer lines
-2-
?OMN,
Average daily flows were calculated based on 270 gallons per day per dwelling
unit.
City of La Habra Heights
The City of La Habra Heights was incorporated in 1978 and encompasses an area of
hilly terrain north of the City of La Habra in Orange County. The southeasterly
portion of the city lies within a tributary drainage area that flows into the
service area covered by CSO 3. Sewage collection and disposal is presently
provided regionally by the LACSD and locally by the Los Angeles County
Department of Public Works. LACSO No. 18 operates and maintains an 8-inch sewer
which serves some existing development in the southwest section of the city.
There are no new trunk or interceptor lines planned for the city in the near
future. The City of La Habra Heights presently contracts with the Los Angeles
County Department of Public Works for operation and maintenance,of the Local
collector system. Within city boundaries there have been a number of
annexations to LACSD No. 18 which make provision for sewer service to each of
these developments. Three other annexations are in the planning stage. The
remainder of existing development within the city is low density residential and
connected to individual septic systems.
Summary of La Habra Heights
City Land Area Tributary to CSD
Maximum
Development Area Zoning, Expected Flow
Developed/Undeveloped 719 Acres R-A-1 1949130 GPD
Developed/Undeveloped 61 Acres R-A-209000 359870 GPO
Developed/Undeveloped 114 Acres R-A-409000 339519 GPD
City of Diamond Bar
The City 'of Diamond Bar was incorporated in 1989 and lies north of the City of
Brea and -unincorporated areas of Orange County. The southerly portion of the
city is within a tributary -drainage area that flows into service areas covered
by CSD 2 and 13. Sewage collection and disposal within the city limits is
presently provided regionally by LACSD No. 21 and locally by the Los Angeles
County Department of Public Works. -The City of Diamond Bar presently contracts
with the Los Angeles County Department of Public Works for operation and
maintenance of the local collector system. All sewage from development in the
areas tributary to Orange. County is collected through a series of lift stations,
pumped back.and collected by LACSD No, 21.
Los Angeles County Unincorporated Area
North of the City -of Brea and unincorporated areas of Orange County lies a
tributary drainage area that flows into service areas covered by CSD Nos. 2
and 13. This unincorporated portion of of Los Angeles County is bordered on the
west by the City of La Habra Heights, on the north by the City of Diamond Bar
and on the east by San Bernardino County. There is presently minimal
development and existing zoning is for very low density residential or
r
agricultural usesr�The principal drainage basins � Brea and Tanner Canyons,
and the Firestone wjy Scout camp occupies a large portion of this unincorporated
area. The only proposed development for this area in the foreseeable future is
a golf course/country club situated within the area occupied by the Firestone
Boy Scout camp.
Summary of L.A. County Land Area Tributary to CSD
Development
Area
Zoning
Maximum
Expected Flow
Undeveloped
1,174 Acres
A-2-1
3169980 GPD
Undeveloped
2,380 Acres
A-2-2
3219300 GPD
Proposed Golf Course/
Country Club
714 Acres
A-2-2
969390 GPD
Undeveloped
1,574 Acres
A-1-5
849996 GPD
Chino Hills Area of San Bernardino County
This area is presently unincorporated and is located northeast of the City of
Yorba Linda and the Orange County boundary. Sewage collection and disposal -is
provided by Waterworks District No. B. an agency formed in 1928 and governed by
the San Bernardino County Board of Supervisors. With development of Chino
Hills, this agency was enlarged in 1982 to provide water and sewer service to
the entire Chino Hills Specific Plan Area which includes development in areas
tributary to CSD 13. The Chino Hills Specific Plan incorporates three
"villagesp within the Orange County tributary area with proposed low and medium
density residential development. Principal drainage basins are the upper
reaches of Tanner Canyon, Carbon and Soquel Canyons. All existing development
in the tributary area is presently on private septic systems. Two studies have
been prepared on the feasibility of providing sewer service to development in
Carbon Canyon. The latest was completed in November 1990 and recommended
construction of a trunk sewer, force main and two lift stations to pump sewage
back to the Chino Basin Municipal Water District treatment plant facility near
the City of Chino. A previous study and discussions between the parties
revealed that CSD would not accept sewage from development in San Bernardino.
County and so none of the flow was proposed to be accommodated by CSD facilities
in.the study. The remaining Chino Hills tributary drainage area to the south is
all located within Chino Hills State Park and it is anticipated there would be
no sewage flow from this area into CSD 13.
Summary of San Bernardino County Land Area Tributary to CSD
Maximum
Development Area Zoning Expected Flow
Carbon Canyon 1,952 Acres 1 DU/2 Acres 2599740 GPD
Soquel Canyon
Tres Hermanos
(Tonner Canyon)
1,859 Acres
1,795 Acres
-4-
1 OU/3 Acres
1 DU/5 Acres
201,690 GPD
96,660 GPD
:t
)O� /OWN
In December 1988 and January 1989, the San Bernardino County Department of
Environmental Health surveyed the Carbon Canyon area for health hazards due to
excessive failure rates of individual on -site disposal systems. The resulting
report stated that public sewers should be installed for the benefit and health
of the community.
A summary of the survey's findings follows:
Most existing on -site systems are old, poorly maintained, and sited on
soils With limited percolation ability. Lot size is generally inadequate
and most slopes are too steep for septic tank absorption fields to be
practical.
As old systems age further, failures are more frequent and pumping
increases resulting in complaints from residents. These complaints
increased 100% to 200% per year in the three-year period 1986-1988.
Groundwater levels are frequently shallow and locations unpredictable
because of complex geologic structure, making on -site septic systems
difficult to use. On -site systems are impractical in most elevated areas
where there.are steep slopes and shallow depths to bedrock. Most soils in
the area are of poor quality and inadequate for on -site systems.
The above report concluded that existing on -site septic systems and absorption
fields were generally inadequate, resulting in the risk of ground and/or surface
water contamination in the Chino Hills area and associated health hazards due to
these systems.
Within the City of La Habra Heights, existing on -site septic systems service
structures on large lots of one acre and greater. These structures and septic.
systems are much newer than those in the Carbon Canyon study, with an average
age of 15 years. The city presently requires a percolation test for each
property prior to the owner obtaining a building permit for a new building
needing sewer service. As of this date there has been no formal study performed
in the area investigating on -site septic system failures and on information on
this subject was uncovered for inclusion in this report. However, since the
city is located in similar hilly terrain, it may be concluded, based on the
Carbon Canyon study, that as these private disposal systems deteriorate with
age, similar problems will arise. This will eventually result in contamination
of surface and groundwater entering the northerly areas of Orange County,
La Habra Groundwater Basin
A preliminary investigation was done on water quality in the La Habra ground
water basin which receives groundwater and surface runoff from the La Habra
Heights area east to the Orange (57) Freeway. The natural flow transverses the
City of La Habra and drains back into Los Angeles County along the northwestern
boundary of Orange County. The Orange County Health Care Agency, Environmental
Health Division, Hazardous Materials Management Section was contacted concerning
groundwater quality and information was received that they have a monitoring
program for several water wells in the area,. but for hydrocarbons only. The
Regional Water Quality Control Board (Santa Ana Region 8) was also contacted but
could give no specific information on groundwater quality in the area without
further detailed investigation. The City of Brea does not maintain any domestic
water wells. in the area and could give no information on water quality. The
-5-
City of La Habra has one domestic well in the area and maintains a water quality
monitoring program including testing for nitrates. (This basin is not part of
the Orange County groundwater basin or within the Orange County Water District.)
Most -of the septage would be tributary to the La Habra groundwater basin and not
enter the large Orange County groundwater basin.
ENG/EC91:SR6
Attachments
10
i
RESOLUTION NO. 93-
POLICY PERTAINING TO FUTURE AREAS TO BE
SERVED BY THE COUNTY SANITATION DISTRICTS OF
ORANGE COUNTY. CALIFORNIA
A JOINT RESOLUTION OF THE BOARDS OF DIRECTORS
OF COUNTY SANITATION DISTRICTS NOS. 1, 21 3, 5, 69
79 119 13 AND 14 OF ORANGE COUNTY, CALIFORNIA,
ADOPTING A POLICY PERTAINING TO FUTURE AREAS
TO BE SERVED BY THE COUNTY SANITATION
DISTRICTS OF ORANGE COUNTY, CALIFORNIA, AND
RESCINDING RESOLUTION NO. 85-207
*************
WHEREAS, County Sanitation Districts of Orange County, California, ("Districts")
Provide wastewater collection, treatment and disposal services to serve all or part of 23
Cities and unincorporated areas occupying the central and northwestern areas of Orange
County, and for certain areas outside of the Districts boundaries pursuant to service
agreements, as shown on the map attached hereto as Exhibit "A"; and,
WHEREAS, concern has been expressed to the Districts that if the Districts' service
areas were to be further expanded by annexation or service agreement, it may impair the
ability of the Districts to provide adequate service to areas presently within their jurisdiction;
and,
WHEREAS, concern has been expressed to the Districts by the City of Fountain
Valley over the potential impacts on areas in the vicinity of the treatment plant facilities, if
said facilities would need to be expanded to accommodate growth due to annexations of
territory or providing service by agreement for areas outside of the present jurisdiction or
approved spheres of influence of the Districts or those areas serviced by agreement; and,
WHEREAS, in response to such concerns the Boards of Directors approved
11�, ro~1 r
Resolution No. 85-207, adopting a policy pertaining to future areas to be served by the
Districts, limiting sewerage service to the then existing service areas; and,
WHEREAS, on -site sewerage disposal systems in adjacent communities may
contribute to degradation of groundwater basins used by cities and communities within the
Districts' service area; and,
WHEREAS, the Districts' Boards of Directors believe that it is in the best interests of
the communities and cities served by the Districts to assist in preserving Orange County's
valuable groundwater supplies from degradation by on -site sewage disposal systems; and,
WHEREAS, the Districts' Boards of Directors have been advised that on -site
sewage disposal systems within the municipal boundaries of the City of La Habra Heights,
which are tributary to the Districts' sewerage system but not within the Districts' service
area, may be contaminating the groundwater supply in Orange County; and, .
WHEREAS, the Districts have studied the impact of allowing said area to discharge
into the Districts' sewerage system; and,
WHEREAS, the Boards of Directors have been advised that the 1989 Master Plans
for each District and the 1989 Collection, Treatment and Disposal Facilities Master Plan that
call for the planning and construction of treatment works, disposal facilities, trunk line
sewers and related appurtenances are compatible with and can accommodate the wastewater
service needs of all those areas presently within the Districts' approved spheres of influence
and also within the areas located outside the existing boundaries of the Districts, but which
are receiving service pursuant to service agreements; and,
WHEREAS, the Boards of Directors have also determined that the master -planned
facilities for each District and the Joint Works can also accommodate the wastewater flows
?OWN
A
from said areas within the municipal boundaries of the City of La Habra Heights without
causing any adverse impact on the areas in the vicinity of the treatment plants or in the
operations of the treatment plants and facilities themselves.
NOW, THEREFORE, the Boards of Directors of County Sanitation Districts Nos. 1,
2, 3, 5, 6, 7, 11, 13 and 14 of Orange County, California,
DO HEREBY RESOLVE, DETERMINE AND ORDER:
Section 1: That the Districts adopt, as their policy, that they will not approve
additional annexations of territory nor approve any service agreement, except for territory
presently included in the individual Districts' adopted spheres of influence or which is
entitled to receive service pursuant to existing service agreements as shown on the map
attached hereto as Exhibit "A", except as provided hereafter in Section 2.
Section 2: The Districts will provide service to territory within the municipal
boundaries of the City of La Habra Heights, as shown on the map attached hereto as Exhibit
"B", and allow connection to Districts' sewerage system to reduce degradation of valuable
groundwater in Orange County, provided the following conditions are satisfied:
A. A local government agency executes the service agreement providing
for sewerage services and for payment of one-time fees equivalent to
annexation fees, connection fees, and an administrative charge, and
annual fees equivalent to sewer service fees, property taxes and an
administrative charge, and any other terms and conditions, all as
established by the Board of Directors at the time of approval, or as
amended from time -to -time, for said service; and,
B. The local land use, sewer or water authority agree to require
i
connections to the Districts or other sewage treatment systems and
discourage on -site disposal systems.
Section : That Resolution No. 85-207, adopted on December 11, 1985, is hereby
repealed and made of no further effect.
PASSED AND ADOPTED at a regular meeting held , 1993.
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C.S.D.O.C. SERVICE AREA
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EXHIBIT W
RESOLUTION 140. 93—
SERVICE AREA
COUNTY SANITATION DISTRICTS
OF ORANGE COUNTY
SANDALWOOD MAINTENANCE
District serviced by
orange county Sanitation
District No. 3
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County Boundary
Agency Boundary ---
CSDOC District Boundary -- --
City of Ls Hebm Heights
tributary to CSD r 3 EXHIBIT 'B'
Sphere of Influence
RESOLUTION NO. 93-
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COUNTY SANITATION DISTRICTS
OF ORANGE COUNTY, CALIFORNIA
P.O. BOX 8127, FOUNTAIN VALLEY, CALIFORNIA 92728-8127
10844 ELLIS. FOUNTAIN VALLEY, CALIFORNIA 92708-7018
(714) 962-2411
December 14, 1992
NOTICE TO THE
AD HOC COMMITTEE
RE SERVICE TO OUTSIDE AREAS
William D. Mahoney, Joint Chairman
Evelyn Hart, Vice Joint Chairman
A. B. Catlin, Past Joint Chairman
Don R. Griffin, Past Joint Chairman
John Collins, Chairman Pro Tem, District 2
RE: Committee Meeting: Wednesday, December 16, 1992 at 5:30 p.m.
CSDOC Administrative Offices
(A light dinner will be served before the meeting)
We have been asked to notify you that there will be a meeting of the Ad Hoc Committee to
further discuss expansion of the Districts' service area, at the above hour and date.
At the last meeting the Committee asked staff to prepare a revised policy pertaining to future
areas to be served by the County Sanitation Districts of Orange County. Attached are two
versions of the resolution which contains revisions as discussed at the meeting. The tan draft
limits the area under consideration to areas within the City of La Habra Heights; the green
resolution includes all of the areas tributary to Orange County groundwater basins. Also
enclosed is a copy of existing policy Resolution No. 85-207 (blue).
At the meeting staff will be prepared to discuss this i.5soe in more detail.
JWS: jt
1WPDOCIENGUDHOC-3.NTC
cc: Board Secretary
General Counsel
RESOLUTION NO. 92-
POLICY PERTAINING TO FUTURE AREAS TO BE
SERVED BY THE COUNTY SANITATION DISTRICTS OF
ORANGE COUNTY, CALIFORNIA
A JOINT RESOLUTION OF THE BOARDS OF DIRECTORS
OF COUNTY SANITATION DISTRICTS NOS. 1, 2, 3, 5, 6,
7, 11, 13 AND 14 OF ORANGE COUNTY, CALIFORNIA,
ADOPTING A POLICY PERTAINING TO FUTURE AREAS
TO BE SERVED BY THE COUNTY SANITATION
DISTRICTS OF ORANGE COUNTY, CALIFORNIA
WHEREAS, County Sanitation Districts of Orange County, California, ("Districts")
provide wastewater collection, treatment and disposal services to serve all or part of 23
Cities and unincorporated areas occupying the central and northwestern areas of Orange
County, and for certain areas outside of the Districts boundaries pursuant to service
agreements, as shown on the map attached hereto as Exhibit "A"; and,
WHEREAS, concern has been expressed to the Districts that if the Districts' service
areas were to be further expanded by annexation or service agreement, it may impair the
ability of the Districts to provide adequate service to areas presently within their jurisdiction;
and,
WHEREAS, concern has been expressed to the Districts by the City of Fountain
Valley over the potential impacts on areas in the vicinity of the treatment plant facilities, if
said facilities would need to be expanded to accommodate growth due to annexations of
territory or providing service by agreement for areas outside of the present jurisdiction or
approved spheres of influence of the Districts or those areas serviced by agreement; and,
WHEREAS, in response to such concerns the Boards of Directors approved
Resolution No. 85-207, adopting a policy pertaining to future areas to be served by the
Districts, limiting sewerage service to the then existing service areas; and,
WHEREAS, it has now been determined that on -site sewerage disposal systems in
adjacent communities, which are tributary to the Districts and the Orange County
groundwater supply, may contribute to degradation of groundwater basins used by cities and
communities within the Districts' service area; and,
WHEREAS, the Districts' Boards of Directors believe that it is in the best interests of
the communities and cities served by the Districts to assist in preserving Orange County's
valuable groundwater supplies from degradation by on -site sewage disposal systems; and,
WHEREAS, the Districts' Boards of Directors has determined that on -site
sewage disposal systems within the municipal boundaries of the City of La Habra Heights,
which are tributary to the Districts' sewerage system but not within the Districts' service
area, are contaminating the groundwater supply in Orange County; and,
WHEREAS, the Districts have studied the impact of allowing said area to discharge
into the Districts' sewerage system; and,
WHEREAS, the Boards of Directors have determined that the 1989 Master Plans for
each District and the 1989 Collection, Treatment and Disposal Facilities Master Plan that call
for the planning and construction of treatment works, disposal facilities, trunk line sewers
and related appurtenances are compatible with and can accommodate the wastewater service
needs of all those areas presently within the Districts' approved spheres of influence and
also within the areas located outside the existing boundaries of the Districts, but which are
receiving service pursuant to service agreements; and,
WHEREAS, the Boards of Directors have also determined that the master -planned
facilities for each District and the Joint Works can also accommodate the wastewater flows
from said areas within the municipal boundaries of the City of La Habra Heights without
causing any adverse impact on the areas in the vicinity of the treatment plants or in the
operations of the treatment plants and facilities themselves.
NOW, THEREFORE, the Boards of Directors of County Sanitation Districts Nos. 1,
2, 3, 5, 6, 7, 11, 13 and 14 of Orange County, California,
DO HEREBY RESOLVE, DETERMINE AND ORDER:
Section 1: That the Districts adopt, as their policy, that they will not approve
additional annexations of territory nor approve any service agreement, except for territory
presently included in the individual Districts' adopted spheres of influence or which is
entitled to receive service pursuant to existing service agreements as shown on the map
attached hereto as Exhibit "A", except as provided hereafter in Section 2.
Section 2: The Districts will provide service to territory within the municipal
boundaries of the City of La Habra Heights, as shown on the map attached hereto as Exhibit
"B", and allow connection to Districts' sewerage system to reduce degradation of valuable
groundwater in Orange County, provided the following conditions are satisfied:
A. A local government agency executes the service agreement providing
for sewerage services and for payment of one-time fees equivalent to
annexation fees, connection fees, and an administrative charge, and
annual fees equivalent to sewer service fees, property taxes and an
administrative charge, and any other terms and conditions, all as
established by the Board of Directors at the time of approval of the
agreement for said service; and,
B. The local land use, sewer or water authority agree to require
connections to the Districts or other sewage treatment systems and
discourage on -site disposal systems.
Section 3: That Resolution No. 85-207, adopted on December 11, 1985, is hereby
repealed and made of no further effect.
PASSED AND ADOPTED at a regular meeting held 1993.
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RESOLUTION NO. 85-207
ADOPTING A POLICY PERTAINING TO FUTURE AREAS TO
BE SERVED BY THE COUNTY SANITATION DISTRICTS
OF ORANGE COUNTY, CALIFORNIA
A JOINT RESOLUTION OF THE BOARDS OF DIRECTORS
OF COUNTY SANITATION DISTRICTS NOS. 1, 2, 3, 5, 6,
7, 11 and 13 OF ORANGE COUNTY, CALIFORNIA, ADOPTING
A POLICY PERTAINING TO FUTURE AREAS TO BE SERVED
BY THE COUNTY SANITATION DISTRICTS OF ORANGE
COUNTY, CALIFORNIA
WHEREAS, County Sanitation Districts of Orange County, California,
("Districts") serve all or part of 23 Cities occupying the area more
particularly shown on the map attached hereto as Exhibit "A"; and,
WHEREAS, the Districts provide wastewater collection, treatment and
disposal services for the central and northwestern areas of Orange County, and
for certain areas outside of the Districts boundaries pursuant to service
agreements; and,
WHEREAS, concern has been expressed to the Districts that if the Districts'
service areas were to be further expanded by annexation or service agreement, it
may impair the ability of the Districts to provide adequate service to areas
presently within their jurisdiction; and,
WHEREAS, concern has been expressed to the Districts over the potential
impacts on areas in the vicinity of their treatment plant facilities, if said
facilities would need to be expanded to accommodate growth due to annexations of
territory or providing service by agreement for area outside of the present
jurisdiction or approved spheres of influence of the Districts; and,
WHEREAS, the Boards of Directors have determined, based on studies, that
the adopted Master Plans for each District and the Joint Works are compatible
with and can accommodate those areas presently within the Districts' spheres of
influence and within the areas of existing service agreements for properties
outside their jurisdiction.
NOW, THEREFORE, the Hoards of Directors of County Sanitation Districts Nos.
1, 2, 3, 5, 6, 7, 11 and 13 of orange County, California,
Section 1: That the Districts adopt, as their policy, that they will not
approve additional annexations of territory nor approve any service agreement,
except for territory presently included in the individual Districts' adopted
spheres of influence or which is entitled to receive service pursuant to
existing service agreements.
PASSED AND ADOPTED at a regular meeting held December 11, 1985.
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EXHIBIT "A" TO RESO. NO. 85-207
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COUNTY SANITATION DISTRICTS
OF ORANGE COUNTY, CALIFORNIA
P.O. BOX 8127, FOUNTAIN VALLEY, CALIFORNIA 92728-8127
10844 ELLIS, FOUNTAIN VALLEY, CALIFORNIA 92708-7018
(714) 962-2411
November 16, 1992
NOTICE TO THE
AD HOC COMMITTEE
RE SERVICE TO OUTSIDE AREAS
William D. Mahoney, Joint Chairman
Evelyn Hart, Vice Joint Chairman
A. B. Catlin, Past Joint Chairman
Don R. Griffin, Past Joint Chairman
John Collins, Chairman Pro Tem, District 2
RE: Committee Meeting: Thursday, November 19, 1992 at
CSDOC Administrative Offices
(A light dinner will be served
the meeting)
4:30 p.m.
following
We have been asked to notify you that there will be a meeting of
the Ad Hoc Committee to further discuss expansion of the Districts,
service area, at the above hour and da Enclosed is a brief
discussion of the issues to be discuss
Jr. ay ylvester
Ge ral nager
JWT : j t
cc: Board Secretary
General Counsel
Aowk
COUNTY SANITATION DISTRICTS
of ORANGE COUNTY, CALIFORNIA
November 16, 1992
MANAGER'S REPORT
10844 ELL16 AVENUE
P.O. BOX 8127
FOUNTAIN VALLEY, CALIFORNIA 9272B-8127
P141962-2411
At the October 22, 1992 Committee meeting, members reviewed the Staff
Report dated October 16, 1991 regarding the request for an exception to the
1985 policy of not accepting sewage generated outside the Districts' currently
approved service area. The report indicated that if all areas tributary to the
Districts, yet not within the present boundaries or spheres of influence,
developed in accordance with current zoning, approximately 1.7 million gallons
per day (mgd) would be generated at build -out. This amount compares with
current flows of 240 mgd and projected flows of 400 mgd in the year 2020.
The benefits of protecting the Orange County groundwater basin and of
mitigating further degradation of the La Habra groundwater basin by allowing
these properties to connect to the Districts' sewerage system were discussed by
the members. The La Habra groundwater basin is an important water supply
basin suffering from high nitrate levels. Continued development within the City
of La Habra Heights utilizing on -site septic systems would contribute to the
further degradation of the basin, whereas connection to sewers may aid in basin
recovery.
The Committee members discussed conditions for allowing these properties
outside the Districts' current service area to connect and determined that full
cost recovery for current and future capital, maintenance and operational needs
would be required. Members also concluded that any deviations from the 1985
policy resolution would only be considered on a case -by -case basis.
Staff was directed to draft a resolution for the Committee's review. The
attached draft resolution, a modification of the 1985 Resolution No. 85-207,
policies for the connection and fees and charges. In general, the draft
modifications to the 1985 resolution include:
A requirement that the local agency will encourage sewer
connections for new and existing development.
The local agency will pay the Sanitation Districts one-time capital
charges equivalent to annexation fees, connection fees and an
administrative charge.
The local agency must agree to other terms and conditions and to
pay annual fees in the sum of current user fees, property tax
revenues and an administrative charges.
The local agency must agree to encourage connection to the sewer.
In accordance with directions, staff also met with the city engineers of the
Cities of La Habra and La Habra Heights and will brief members on the
discussions at the Committee meeting.
IN
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RESOLUTION NO. 92-
ADGPTING POLICY PERTAINING TO FUTURE AREAS TO
BE SERVED BY THE COUNTY SANITATION DISTRICTS
OF ORANGE COUNTY. CALIFORNIA
A JOINT RESOLUTION OF THE BOARDS OF DIRECTORS
OF COUNTY SANITATION DISTRICTS NOS. 1, 21 3, 59 69
7, 119 13 AND 14 OF ORANGE COUNTY, CALIFORNIA,
ADOPTING A POLICY PERTAINING TO FUTURE AREAS
TO BE SERVED BY THE COUNTY SANITATION
DISTRICTS OF ORANGE COUNTY, CALIFORNIA
*************
WHEREAS, County Sanitation Districts of Orange County, California, ("Districts")
serve all or part of 23 Cities and unincorporated areas occupying the area more particularly
shown on the map attached hereto as Exhibit "A"; and,
WHEREAS, the Districts provide wastewater collection, treatment and disposal
services for the central and northwestern areas of Orange County, and for certain areas
outside of the Districts boundaries pursuant to service agreements; and,
WHEREAS, concern has been expressed to the Districts that if the Districts' service
areas were to be further expanded by annexation or service agreement, it may impair the
ability of the Districts to provide adequate service to areas presently within their jurisdiction;
and,
WHEREAS, concern has been expressed to the Districts over the potential impacts on
areas in the vicinity of their treatment plant facilities, if said facilities would need to be
expanded to accommodate growth due to annexations of territory or providing service by
agreement for areas outside of the present jurisdiction or approved spheres of influence of the
Districts; and,
WHEREAS, on site sewage disposal systems in adjacent communities, which are
6-0
tributary to the Districts and the Orange County groundwater supply, may contribute to
degradation of groundwater basins used by cities and communities within the Districts'
service area; and,
WHEREAS, the Districts' Boards of Directors believe that it is in the best interests of
the communities and cities served by the Districts to assist in preserving Orange County's
valuable groundwater supplies from degradation by on site sewage disposal systems, and,
WHEREAS, the Districts have studied the impact of allowing areas not within the
current service area but tributary to the Districts' sewerage system; and,
WHEREAS, the Boards of Directors have determined, based on studies, that the
adopted Master Plans for each District and the Joint Works are compatible with and can
accommodate those areas presently within the Districts' spheres of influence and within the
areas of existing service agreements for properties outside their jurisdiction; and,
WHEREAS, the Boards of Directors have also determined, based on studies, that the
master planned facilities for each District and the Joint Works can accommodate the
wastewater, flows from those areas tributary to the Districts but not within the Districts'
boundaries or adopted spheres of influence, or territory currently served by agreement.
NOW, THEREFORE, the Boards of Directors of County Sanitation Districts Nos. 1,
2, 3, 5, 6, 7, 11, 13 and 14 of Orange County, California,
DO HEREBY RESOLVE, DETERMINE AND ORDER:
Section 1: That the Districts adopt, as their policy, that they will not approve
additional annexations of territory nor approve any service agreement, except for territory
presently included in the individual Districts' adopted spheres of influence or which is
entitled to receive service pursuant to existing service agreements, except as provided
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hereafter in Section 2.
Secrion 2: From time to time, the Districts may consider and approve sewerage
service agreements for territory outside the Districts' boundaries or adopted spheres of
influence., as shown in Exhibit "A ", to connect to Districts' sewerage system to reduce
degradation of valuable groundwater basins, provided the following conditions are satisfied. -
A. A local government agency executes the service agreement providing for
sewerage services and for payment of one-time fees equivalent to
annexation fees, connection fees, and an administrative charge, and
annual fees equivalent to sewer service fees, property taxes and an
administrative charge, and any other terms and conditions, all as
established by the Board of Directors at the time of approval of the
agreement for said service; and,
B. The local land use, sewer or water authority agree to require
connections to the Districts or other sewage treatment systems and
discourage on -site disposal systems.
ect' n 3: That Resolution No. 85--207, adopted on December 11, 1985, is hereby
repealed and made of no further effect.
PASSED AND ADOPTED at a regular meeting held neeembe . 11, , 98
COUNTY SANITATION DISTRICTS
of ORANGE COUNTY, CALIFORNIA
RE: AGENDA ITEM NO. 11
August 25, 1993
REPORT OF THE EXECUTIVE COMMITTEE
Meeting Date: August 25, 1993 - 5:30 p.m.
EXECUTIVE COMMITTEE:
William D. Mahoney
Charles E. Puckett
A.B. "Buck" Catlin
Don R. Griffin
Robert Richardson
John Collins
John Cox, Jr.
James A. Wahner
Grace Winchell
John M. Gullixson
Peer A. Swan
William Steiner
Absent:
Sal A. Sapien
Barry Hammond
Roger Stanton
Joint Chairman
Vice Joint Chairman
Past Joint Chairman
Past Joint Chairman
Chairman, District
1
Chairman, District
2
Chairman, District
5
Chairman, District
6
Chairman, District
11
Chairman, District
13
Chairman, District
14
County Supervisor
Chairman, District 3
Chairman, District 7
County Supervisor
10844 ELLI6 AVENUE
P.0 BOX 8127
FOUNTAIN VALLEY, CALIFORNIA 92728-8127
(]14) 962-2411
OTHERS PRESENT:
Director Carrey Nelson
Thomas L. Woodruff,
General Counsel
Thomas Nixon, General
Counsel's Office
STAFF:
Wayne Sylvester, General Manager
Blake Anderson, Director of
Technical Services
Tom Dawes Director of Engineering
Gary Hasenstab, Director of
Personnel
Ed Hodges, Assistant Director of
Maintenance
Bob Ooten, Director of Operations
Approval of Fountain Valley Specific Plan for Site Use and Development at
Reclamation Plant No. 1.
Last year, the Districts and the City of Fountain Valley entered into an
agreement to resolve a long-standing dispute over whether the City had
conditional use permit authority over site use and development of Reclamation
Plant No. 1. The agreement provided for utilization of the Specific Plan process
for future site use and development at the treatment plant.
1
r
Report of the
Executive Committee
August 25, 1993
The City and the Districts have agreed on the language of the Specific Plan.
Enclosed is a report (green) from the Ad Hoc Committee re Fountain Valley CUP
Issue, recommending that the Specific Plan be approved.
Director Collins stated that he wished to clarify some points that he did not
believe were clear in the General Counsel's and in the Ad Hoc Committee's
reports, to avoid any misinterpretation, and requested that his following
remarks be made a part of the Executive Committee's record:
"1. It has never been the City of Fountain Valley's contention
that '... wanted to regulate the wastewater treatment
operations...' or make the wastewater facilities '...subject to
the City's Building ...' ordinances. Fountain Valley's position
has been that Government Code Section 53090-53095
provides that a local agency, such as the Districts, shall
comply with all applicable building ordinances and zoning
ordinances of the city in which the local agency is situated.
Exempted from compliance with the city's building ordinance
are facilities for the storage or transmission of wastewater."
"2. It could be interpreted that the only prohibited use was
'... limited to incineration, in conjunction with co -combustion
or other solid waste handling.' In Section 3.2 of the Specific
Plan the 'prohibited uses' are clearly specified as being:
a) Incineration of wastewater byproducts with municipal
solid waste not originating with the wastewater
treatment process,
b) Co -combustion,
c) Solid waste handling, to wit: garbage, trash or other
similar solid waste not originating with the wastewater
treatment process,
d) Any use that is not specifically authorized by provisions
of the '2020 Plan'."
2
Report of the
Executive Committee
August 25, 1993
The City and the Districts have agreed on the language of the Specific Plan.
Enclosed is a report (green) from the Ad Hoc Committee re Fountain Valley CUP
Issue, recommending that the Specific Plan be approved.
Director Collins stated that he wished to clarify some points that he did not
believe were clear in the General Counsel's and in the Ad Hoc Committee's
reports, to avoid any misinterpretation, and requested that his following
remarks be made a part of the Executive Committee's record:
"1. It has never been the City of Fountain Valley's contention
that '... wanted to regulate the wastewater treatment
operations...' or make the wastewater facilities '...subject to
the City's Building ...' ordinances. Fountain Valley's position
has been that Government Code Section 53090-53095
provides that a local agency, such as the Districts, shall
comply with all applicable building ordinances and zoning
ordinances of the city in which the local agency is situated.
Exempted from compliance with the city's building ordinance
are facilities for the storage or transmission of wastewater."
"2. It could be interpreted that the only prohibited use was
'... limited to incineration, in conjunction with co -combustion
or other solid waste handling.' In Section 3.2 of the Specific
Plan the 'prohibited uses' are clearly specified as being:
a) Incineration of wastewater byproducts with municipal
solid waste not originating with the wastewater
treatment process,
b) Co -combustion,
c) Solid waste handling, to wit: garbage, trash or other
similar solid waste not originating with the wastewater
treatment process,
d) Any use that is not specifically authorized by provisions
of the '2020 Plan'."
2
RE: AGENDA ITEM NO. 11
August 25, 1993
REPORT OF THE EXECUTIVE COMMITTEE
Meeting Date: August 25, 1993 - 5:30 p.m.
EXECUTIVE COMMITTEE:
William D. Mahoney
Charles E. Puckett
A.B. "Buck" Catlin
Don R. Griffin
Robert Richardson
John Collins
John Cox, Jr.
James A. Wahner
Grace Winchell
John M. Gullixson
Peer A. Swan
William Steiner
Absent:
Sal A. Sapien
Barry Hammond
Roger Stanton
Joint Chairman
Vice Joint Chairman
Past Joint Chairman
Past Joint Chairman
Chairman, District 1
Chairman, District 2
Chairman, District 5
Chairman, District 6
Chairman, District 11
Chairman, District 13
Chairman, District 14
County Supervisor
Chairman, District 3
Chairman, District 7
County Supervisor
COUNTY SANITATION DISTRICTS
of ORANGE COUNTY. CALIFORNIA
1OB44 ELLIS AVENUE
R.O. BOX 8127
FOUNTAIN VALLEY, CALIFORNIA 92728-8127
(714)962-2411
OTHERS PRESENT:
Director Carrey Nelson
Thomas L. Woodruff,
General Counsel
Thomas Nixon, General
Counsel's Office
STAFF:
Wayne Sylvester, General Manager
Blake Anderson, Director of
Technical Services
Tom Dawes Director of Engineering
Gary Hasenstab, Director of
Personnel
Ed Hodges, Assistant Director of
Maintenance
Bob Ooten, Director of Operations
1) Approval of Fountain Valley Specific Plan for Site Use and Development at
Reclamation Plant No. 1.
Last year, the Districts and the City of Fountain Valley entered into an
agreement to resolve a long-standing dispute over whether the City had
conditional use permit authority over site use and development of Reclamation
Plant No. 1. The agreement provided for utilization of the Specific Plan process
for future site use and development at the treatment plant.
11
Report of the
Executive Committee
August 25, 1993
3. The comment in the Ad Hoc Committee report that 'both the
City and the Districts have reserved all their legal rights,'
could give a false impression. One of the key reasons the
Specific Plan concept was agreed to was that each party
agrees to give up the right to sue the other over the City's
land use authority. While the Specific Plan is not an
'agreement' per se, its adoption by the City and the Districts
creates a new legal situation which removes certain legal
'rights' that existed prior to its adoption."
4. The City is confident that the Districts will always maintain
its 'good neighbor' posture towards the residents of Fountain
Valley. The City in turn is dedicated to the same philosophy
with regard to the Districts. The final resolution (i.e.,
Specific Plan process) is not based on a mistrust but more on
the belief that 'good fences make good neighbors.' Some of
my fellow directors have been critical of me personally and
the City because they feel the City's position was 'frivolous,'
and 'without legal basis.' As directors consider their position
regarding their vote to accept or reject the Specific Plan
being presented they should review the outcome of a recent
court case.
In June of this year the California Appeals Court heard a case
between City of Lafayette v. East Bay Municipal Utility
District. The court ruled that a District must comply with a
City's zoning ordinances, including obtaining land use
permits. The District argued that it was a 'regional facility,'
and therefore exempt from city land use laws, but the court
disagreed. With regard to our situation this case is the most
on point and relevant case in California law. (No other cases
come close!)"
During the discussion that followed the General Manager pointed out that it
was not the intent of either the General Counsel's Memorandum or Ad Hoc
Committee's report to restate, verbatim, the provisions of the proposed Specific
Plan but, rather, to merely summarize, as concisely as possible, the essence of
the Plan and the recommendation. The full text of the Specific Plan is attached
3
Report of the
Executive Committee
August 25, 1993
w
to the report. Director Collins further explained his views and also stated that
he was speaking as an individual City Councilmember and District Board
Member; and that he supported the Specific Plan and the Ad Hoc Committee's
recommendation to approve it.
If the Joint Boards approve the Specific Plan it will then go through the City's
hearing process for adoption. The Boards, in the 1992 agreement, have
reserved the right to approve any changes to the Plan.
Recommendation
The Executive Committee concurs with the Ad Hoc Committee's
recommendation to approve the Fountain Valley Specific Plan for Site Use and
Development at Reclamation Plant No. 1.
2) 1993-94 Annexation Fees.
One-time annexation fees are charged to owners of all properties which desire
to annex to the Districts to receive sewerage service. The fee is increased for
those properties for which a tax -exchange agreement cannot be negotiated
with the County (a result of Proposition 13/AB 8). The fees adopted for 1991-
92 and maintained for 1992-93 by those Districts with annexable territory
follow:
Per Acre Annexation Fee
W/Tax
W/O Tax
District
Exchange
Exchange
2
$2,922
$3,908
3
3,154
4,139
5
3,054
4,084
7
2,902
3,883
11
4,843
5,830
The annexation fee policy resolutions approved in 1991 provide for an annual
increase in the per acres fees on July 1 based upon the change in the
Engineering News Record (ENT) Construction Cost index for the
2
Report of the
Executive Committee
August 25, 1993
to the report. Director Collins further explained his views and also stated that
he was speaking as an individual City Councilmember and District Board
Member; and that he supported the Specific Plan and the Ad Hoc Committee's
recommendation to approve it.
If the Joint Boards approve the Specific Plan it will then go through the City's
hearing process for adoption. The Boards, in the 1992 agreement, have
reserved the right to approve any changes to the Plan.
Recommendation
The Executive Committee concurs with the Ad Hoc Committee's
recommendation to approve the Fountain Valley Specific Plan for Site Use and
Development at Reclamation Plant No. 1.
2) 1993-94 Annexation Fees.
One-time annexation fees are charged to owners of all properties which desire
to annex to the Districts to receive sewerage service. The fee is increased for
those properties for which a tax -exchange agreement cannot be negotiated
with the County (a result of Proposition 13/AB 8). The fees adopted for 1991-
92 and maintained for 1992-93 by those Districts with annexable territory
follow:
Per Acre Annexation Fee
W/Tax
W/O Tax
District
Exchange
Exchange
2
$2,922
$3,908
3
3,154
4,139
5
3,054
4,084
7
2,902
3,883
11
4,843
5,830
The annexation fee policy resolutions approved in 1991 provide for an annual
increase in the per acres fees on July 1 based upon the change in the
Engineering News Record (ENT) Construction Cost index for the
0
Report of the
Executive Committee
August 25, 1993
3. The comment in the Ad Hoc Committee report that 'both the
City and the Districts have reserved all their legal rights,'
could give a false impression. One of the key reasons the
Specific Plan concept was agreed to was that each party
agrees to give up the right to sue the other over the City's
land use authority. While the Specific Plan is not an
'agreement' per se, its adoption by the City and the Districts
creates a new legal situation which removes certain legal
'rights' that existed prior to its adoption."
"4. The City is confident that the Districts will always maintain
its 'good neighbor' posture towards the residents of Fountain
Valley. The City in turn is dedicated to the same philosophy
with regard to the Districts. The final resolution (i.e.,
Specific Plan process) is not based on a mistrust but more on
the belief that 'good fences make good neighbors.' Some of
my fellow directors have been critical of me personally and
the City because they feel the City's position was 'frivolous,'
and 'without legal basis.' As directors consider their position
regarding their vote to accept or reject the Specific Plan
being presented they should review the outcome of a recent
court case.
In June of this year the California Appeals Court heard a case
between City of Lafayette v. East Bay Municipal Utility
District. The court ruled that a District must comply with a
City's zoning ordinances, including obtaining land use
permits. The District argued that it was a 'regional facility,'
and therefore exempt from city land use laws, but the court
disagreed. With regard to our situation this case is the most
on point and relevant case in California law. (No other cases
come close!)"
During the discussion that followed the General Manager pointed out that it
was not the intent of either the General Counsel's Memorandum or Ad Hoc
Committee's report to restate, verbatim, the provisions of the proposed Specific
Plan but, rather, to merely summarize, as concisely as possible, the essence of
the Plan and the recommendation. The full text of the Specific Plan is attached
3
COUNTY SANITATION DISTRICTS
of ORANGE COUNTY, CALIFORNIA
August 18, 1993
10844 ELLIS AVENUE
P.O. Box 8127
FOUNTAIN VALLEY, CALIFORNIA 92728-8127
(7141962-2411
AD HOC COMMITTEE RE FOUNTAIN VALLEY CONDITIONAL
USE PERMIT ISSUE
REPORT AND RECOMMENDATION
Q
APPROVAL OF FOUNTAIN VALLEY SPECIFIC PLAN FOR SITE USE
AND DEVELOPMENT AT RECLAMATION PLANT NO. 1
Background
Last year, the Boards of Directors approved an agreement for the preparation,
submittal and mutual approval of a Specific Plan of Site Use and Development
Between the City of Fountain Valley and the County Sanitation Districts of Orange
County Regarding Reclamation Plant No. 1. The purpose of the Agreement was to
resolve a long-standing dispute between the City and the Districts over whether
conditional use permits can be required by the City of Fountain Valley for expansion
of treatment facilities at Plant No. 1. It is the position of the City that their zoning
ordinance applies to the Districts and that its provisions requiring a conditional use
permit can and should be enforced. It is the Districts' position that our treatment
facilities are not subject to conditional use permits because we are a regional
governmental authority providing sewerage service to all cities in metropolitan Orange
County, thus transcending Fountain Valley's authority which, if enforced, could
effectively usurp the land use decision making authority of the governing bodies of the
other 22 cities and the County of Orange in the Districts' service area.
To avoid litigation over the issue, the Districts and the City entered into the
aforementioned agreement setting forth a mutual understanding for utilizing the
Specific Plan process for site use and development at Reclamation Plant No. 1.
Specific Plan
Pursuant to the terms of the settlement agreement, the City and Districts have now
agreed on the language contents, and procedures for the Specific Plan itself, which
will be the document that is used for specifying City's involvement in the site use and
development at Treatment Plant No. 1. In essence, the Specific Plan incorporates the
Districts' 30-year Master Plan, "2020 VISION," which was adopted by the Boards in
1989. It depicts in considerable detail the uses and planned facilities expansion on
the site through the year 2020. The comprehensive Master Plan was adopted after
extensive environmental studies conducted in accordance with CEQA, and public
review and hearings on both the Master Plan and the related EIR.
Ad Hoc Committee re Fountain Valley
Conditional Use Permit Issue
August 18, 1993
Page Two of Two
The Specific Plan provides for a limited review of wastewater treatment disposal
facilities expansion and improvements by the City (which is primarily concerned with
design review for structures and appurtenances that can be viewed from the adjacent
streets or properties, as well as parking and traffic circulation and certain safety
matters pertaining to fire department protection) and a determination that they are
consistent with the Master Plan. The only prohibited uses which the Districts agree
to in the Plan relate to incineration in conjunction with co -combustion or other solid
waste handling, unless mandated by state or federal authorities.
Non -wastewater treatment facilities, such as office buildings, warehouses,
laboratories, etc., will be subject to the standard City requirements concerning site use
and development. This is no change from historical practice.
Enclosed is a copy of the Specific Plan along with a memorandum from the Districts'
General Counsel to the Ad Hoc Committee outlining its provisions. If approved by the
Boards the City will hold hearings and adopt the Specific Plan. The City will
concurrently rescind the conditional use permit provisions that they believe are
applicable to the Districts. The agreement with the City provides that the Specific
Plan, and any changes thereto, must be adopted by the City in the form approved by
and submitted by the Districts' Boards of Directors, or the Districts have the right to
withdraw their application. Both the City and the Districts have reserved all their legal
rights.
Recommendation
The Committee has reviewed the enclosed Specific Plan and recommends approval.
Respectfully submitted,
AD HOC COMMITTEE RE FOUNTAIN VALLEY
C.U.P. ISSUE
William D. Mahoney, Joint Chairman
A. B. Catlin, Past Joint Chairman
Don R. Griffin, Past Joint Chairman
Enclosures (2)
wpdoc\pm\edhoc.fv\rpt08.18
/efts
LAW OFFICES OF
ROURKE, WOODRUFF & SPRADLIN
A PROF.SSIONAL CORPORATION
MFMo�yM
TO: Directors Catlin, Griffin and Mahoney
County Sanitation Districts
FROM: General Counsel
DATE: July 19, 1993
RE: Fountain Valley Specific Plan
After many months of negotiations and redrafting of the proposed language for the
Specific Plan, I am pleased to report to you that we have now concluded those efforts and
arrived at a form of the Specific Plan which has been approved by the Staff of the City of
Fountain Valley, and which is being recommended for approval by this office and your
Management Staff.
The Districts and the City entered into a Settlement Agreement dated August 12, 1992
which, among other things, provided for the Districts to develop a Specific Plan which would
then be reviewed b� the City Staff and subject to hearings by the City Planning Commission and
City Council. Of utmost importance was a provision that the Specific Plan would be pre -
approved by the Districts, and that if the City, after the hearings, sought any changes in the
Plan, it would not act thereon unless and until it was referred back to the Districts to concur
with any changes. This effectively guarantees that the Districts will know the form and
substance of the Specific Plan to be approved prior to final, official action by the City. In the
unlikely event the City disapproved the Plan as prior approved by the Districts, or makes
changes thereto that are unacceptable to the Districts, the Districts reserve the right to stop the
proceedings, and the parties would then be at a legal impasse calling for some other legal
resolution.
The Specific Plan will serve as the singular zoning guideline and controlling mechanism
by the City and will be in lieu of the City's Zoning and Planning Ordinances. In point of fact,
when this matter is scheduled for hearing for approval by the City Council, they will
concurrently consider an Ordinance that repeals the present provision requiring sewage treatment
plants to obtain a Conditional Use Permit.
The essence of the Specific Plan is to utilize the Districts' 2020 Master Plan, which
shows therein all of the existing facilities at the Fountain Valley site, together with all of the
projected and planned facilities through the Year 2020. This includes not only the wastewater
treatment facilities, but all of the support facilities, including administration buildings,
warehouses, laboratories and maintenance buildings.
Page Two
July 19, 1993
The Plan is proceeding on the basis of the Districts' prior CEQA efforts --namely, the
comprehensive Environmental Impact Report that was utilized in conjunction with the 1989 2020
Plan, and thus any development that is in accordance with the Plan will not need additional
detailed environmental assessment.
Section 3.1 of the Specific Plan itemizes all of the permitted uses by seven topical
subjects, including offices, warehouses, maintenance, parking, treatment facilities, structures and
walls. The Plan further does identify prohibited uses, and they are limited to incineration, in
conjunction with co -combustion or other solid waste handling. An important provision relates
to the design review. The Plan allows for the City to have design review of all structures that
can be viewed from the adjacent streets or properties, to include exterior elevations of the
structures, lighting and signing. Additionally, the parking, landscaping and block wall plans will
likewise be subject to the design review.
Section 3.4 provides that the Districts will submit for review and approval all
construction plans for the nonwastewater treatment facilities and will pay the processing plan
check permit and inspection fees for those facilities. The actual wastewater facilities will not
be subject to the City's Building and Zoning Ordinances. This obviously is the key, in view of
the Districts' concern that the City would attempt to somehow regulate the wastewater treatment
operations or capacities.
In the event the Specific Plan is in need of amendment, either by request from the
Districts or if initiated by the City, it will be processed in accordance with the terms and
conditions of the Settlement Agreement dated August 12, 1992. Essentially, that would provide
for the procedure that we are following with regards to this Specific Plan --namely, it is first
approved by the Districts and then submitted to the City for action. If the City proposes action
different than approved by the Districts, the Districts reserve the right to withdraw.
It is my opinion that the form and content of the Specific Plan is in full accordance with
the directives of your Ad Hoc Committee, and as such, is recommended for approval.
Cvli
Thomas L. Woodruff
General Counsel
TLW:Pj(B9)
cc: Mr. J.W. Sylvester
Mr. T.M. Dawes
ja
TABLE OF CONTENTS
SECTION
TITLE
PAGE
1.0
SPECIFIC PLAN SUMMARY
1.1
Purpose and Intent
2
2.0
INTRODUCTION
2.1
Project Location
3
2.2
Existing Site Characteristics
3
2.3
California Environmental Quality Act
3
2.4
Authority and Scope
3
2.5
Project Objectives
4
3.0
DEVELOPMENT PLAN
3.1
Permitted Uses
5
3.2
Prohibited Uses
6
3.3
Design Review
6
3.4
Building and Fire Department Construction Permits
7
3.5
Wastewater Treatment Facilities
8
4.0
SITE DEVELOPMENT
4.1
Introduction
9
4.2
General Notes
9
4.3
Plan Consistency
9
5.0
SPECIFIC PLAN IMPLEMENTATION
5.1
Amendment Procedures
11
6.0
Appendix
6.1
Definitions
12
6.2
Exhibits
13
1�1
1.0 SPECIFIC PLAN SUMMARY
PURPOSE AND INTENT
The County Sanitation Districts of Orange County Specific Plan establishes comprehensive
guidance for the continued use and the proposed planned future development of the approximate
108 acre -site, owned by the Districts in the City of Fountain Valley, California. The Specific
Plan will carry out the agreed upon land use site plan by combining the master plan of land use
for the site, establishing policies and administrative procedures and development regulations for
implementation of the specific land uses of the site and will replace the current property zoning
standards, including any applicable requirements for obtaining a Conditional Use Permit. This
Specific Plan, adopted by resolution after completion of studies by the City and Districts, is
consistent with the City of Fountain Valley General Plan, and resolves the disagreements
between the City and Districts relating to their respective rights for the use of the site.
TLW:pj(B5)R:07112/93 2
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2.1 INTRODUCTION
2.1 PROJECT LOCATION
The project area is located in the central portion of Orange County, within the City of Fountain
Valley. More specifically, the project is located on the south side of Ellis Avenue, west of the
Santa Ana River.
2.2 EXISTING SITE CHARACTERISTICS
The 108-acre project area, for more than 60 years, has been partially developed and
continuously used as a wastewater treatment facility by the County Sanitation Districts of
Orange County and its predecessor agency.
All existing improvements and land are owned and operated by the County Sanitation Districts
of Orange County.
2.3 CALIFORNIA ENVIRONMENTAL QUALITY ACT COMPLIANCE
This Specific Plan has been prepared in compliance with the provisions of the California
Environmental Quality Act (CEQA). The County Sanitation Districts of Orange County
prepared an Environmental Impact Report in conjunction with the preparation of the 1989
Collection, Treatment and Disposal Facilities Master Plan (hereafter the "2020 Plan"). The EIR
for the 2020 Plan was prepared in accord with Federal, State and local environmental laws and
regulations responding to the existing and proposed development. The applicability of the EIR
will include future development, developed in conformance with the County Sanitation Districts
of Orange County Specific Plan. Future development which is consistent with the Specific Plan
will require no further environmental documentation.
2.4 AUTHORITY AND SCOPE
The County Sanitation Districts of Orange County Specific Plan has been prepared pursuant to
the provisions of the California Government Code, Title 7, Division 1, Chapter 3, Article 8,
Sections 65450 through 65457. The California Government Code authorizes cities to adopt
specific plans by resolution or by ordinance. Hearings are required by both the Planning
Commission and the City Council after which the Specific Plan must be adopted by the City
Council to be in effect.
TLW:pj(B5)R:07/12/93 3
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This Specific Plan will serve as the zoning provisions for the subject property in lieu of other
general zoning ordinance provisions for the subject property. Proposed development plans,
agreements and any other developmental plans must be consistent with the Specific Plan.
Projects which are found consistent with the Specific Plan will be deemed consistent with the
City's General Plan.
2.5 PROJECT OBJECTIVES
In preparing this Specific Plan, consideration has been given to existing facilities, potential
expansion and/or replacement of existing facilities, construction of additional facilities proposed
in both the immediate and long-term future . This Specific Plan will serve as a planning tool
to implement the physical development of the project area by providing mechanisms to ensure
consistency with the City's General Plan and this Specific Plan. Recognizing these goals, the
following project objectives have been established.
To continue to meet the needs of the community and region by providing for appropriate facility
expansion, new wastewater treatment and reclamation programs and services.
To plan and locate new land uses related to wastewater treatment, to assure compatibility with
other existing wastewater treatment facilities on site and surrounding uses and neighborhoods.
To provide for future permitted uses which respond to anticipated needs of the Districts.
To assure that adequate supporting infrastructure exists to service future needs of the City and
the Districts.
To implement the goals, objectives and policies of the City of Fountain Valley General Plan.
To implement the goals, objectives and policies of the Districts' "2020 Plan".
To assure that the proposed use will be consistent with the General Plan of the City and the
"2020 Plan of the Districts and that the proposed uses will have minimal adverse effect on
nearby premises or the City as a whole.
TLW:pj(B5)R:04/12193 4
1
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3.1 PERMITTED USES
A. Office
1. Office Buildings
2. Operational Control Buildings
3. Laboratories
B. Warehouse
1. Warehousing and storage of equipment and supplies
C. Maintenance Areas
1. Vehicle Maintenance
2. Equipment Maintenance
D. Parking
1. Motor Vehicle Garages
2. Parking Structures
3. Parking Lots
E. Wastewater Treatment Facilities
1. Wastewater treatment facilities as defined in Section 6.1 below and as delineated in the
"2020 Plan", including cogeneration facilities which generate electrical power through the
burning of the gas by-products of the treatment of wastewater or natural gas
F. Structures
1. Any new structure less than 50 feet in height which is setback a minimum of 30 feet from
Ellis Avenue, Garfield Avenue and Ward Street which is part of the "2020 Plan".
G. Walls
1. All existing perimeter walls along the property boundaries of the site on Ellis Avenue and
Ward Street
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5
3.2 PROHIBITED USES
Incineration of wastewater by-products with municipal solid waste not originating with the
wastewater treatment process, Co -combustion, Solid Waste handling, to wit: garbage, trash or
other similar solid waste not originating with the wastewater treatment process or any use that
is not specifically authorized by provisions of the "2020 Plan".
3.3 DESIGN REVIEW
In accordance with the adopted purposes of the City's zoning ordinance relating to development
review --namely, that the design and general appearance of structures and buildings are in
keeping with the intent of achieving high quality, the following provisions shall apply to the
buildings and structures in the Specific Plan.
1. All structures that can be viewed from the adjacent streets or properties shall be
submitted to the Planning/Building Director for Design Review. This review shall include the
review of the design features of all exterior elevations of structures, lighting and any signing
which is designed to be viewed or read from the adjacent streets or properties.
2. All Parking Plans (including lighting) and traffic circulation plans (both on -site and off -
site) shall be subject to Design Review by the City's Planning/Building and Public Works
Directors. City's review of parking plan shall be limited to ensuring that there is adequate on
site parking.
3. All Landscaping Plans (including irrigation) for areas that can be viewed from the
adjacent streets or properties shall be subject to Design Review by the City's Planning/Building
and Public Works Directors.
A. Arterial Street Landscaping
To create a unifying element surrounding the project area, the existing landscaping shall
be maintained adjacent to Ellis Avenue and Ward Street. The existing landscaping may
be changed by District with the prior approval of City's Planning/Building and Public
Works Directors.
B. Landscaping Materials
Landscaping plantings shall be of turf or other appropriate ground cover .
C. Irrigation
Irrigation system shall use reclaimed water to irrigate all landscaping wherever feasible.
4. Block Walls
The existing decorative block/masonry walls shall be maintained adjacent to the
landscaping on Ellis Avenue and Garfield Street. A decorative block/masonry
TLW:pj(85)R:07/12/93 6
lo%1
extension of the existing wall shall be constructed adjacent to the Garfield Avenue right-
of-way line to screen the project. Construction shall be required at the time of
construction of the Garfield Avenue street improvements, including the extension across
the Santa Ana River. Block wall plans shall be subject to design review and approval
by the Planning/Building and Public Works Directors. Wall plans shall include location,
height, materials and color.
5. Parking
The Districts shall provide on site parking to meet the needs of the Districts' employees,
as well as visitors. The on site parking plan shall be subject to review by the City's
Planning/Building and Public Works Directors.
6. Hazardous Materials Plan
The Districts shall prepare and submit a hazardous materials plan to the City of Fountain
Valley Fire Department for its review and approval. The Districts' hazardous materials
plan shall be incorporated into the City's Hazardous Materials Plan for the total City.
7. Exterior Storage Plan
All exterior storage areas of materials and equipment associated with the treatment of
wastewater, visible from the arterial streets shall be enclosed by a screen wall screening
the storage area from the arterial streets. Districts shall submit an exterior storage plan
indicating the locations, type of storage, and method of screening of materials and
equipment from the arterial streets for review and approval by the Planning/Building
Director.
3.4 BUILDING AND FIRE DEPARTMENT PERMITS
The Districts shall submit for review and approval all construction plans for all non -wastewater
treatment facilities on the site. The Districts shall pay processing fees, plan check fees,
building permit fees and inspection fees for the facilities at the time of submittal and shall
secure required inspections for the non -wastewater treatment facilities. Districts may use state
licensed engineers or inspectors in lieu of City inspectors, subject to City approval. Non -
wastewater treatment facilities shall include, but not be limited to:
A. Office
1. Office Buildings
2. Operational Control Buildings
3. Laboratories
B. Warehouse
1. Warehousing and storage of equipment and supplies
TLW:P1(B5)R:07/I2/93
7
i
A
C.
Maintenance Areas
1.
Vehicle maintenance
2.
Equipment maintenance
D.
Parking
1.
Motor Vehicle Garages
2.
Parking Structures
3.
Parking Lots
E. Other
1. Other structures which are not involved in the direct treatment of wastewater
3.5 WASTEWATER TREATMENT FACILITIES
Wastewater treatment facilities shall not be subject to City's building and zoning ordinances,
except as expressly provided herein. Such facilities shall include, but not be limited to digesters,
clarifiers, scrubber and settling ponds.
TLW:pj(B5)R:07/12/93 8
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/^1
1
4.0 SITE DEVELOPMENT
4.1 INTRODUCTION
The County Sanitation Districts of Orange County Specific Plan has been formulated in
accordance with the Fountain Valley General Plan. This Specific Plan will serve as the
primary guidance document for the implementation of the Specific Plan. Wherever provisions
contained in this document conflict with the regulations of the Fountain Valley Municipal Code,
the provisions contained herein shall take precedence. The Municipal Code shall apply to this
development when standards are not provided within this document. All newly -constructed non -
wastewater treatment facilities within the boundaries of the County Sanitation Districts of
Orange County Specific Plan shall comply with all the provisions of the most recently adopted
editions of the Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code,
National Electrical Code and the Uniform Fire Code.
4.2 GENERAL NOTES
1. Domestic (potable) water service to and within the Specific Plan area shall be furnished
by the City of Fountain Valley.
2. Subdivision of property within the Specific Plan area shall be in accordance with the
State Subdivision Map Act.
3. All facilities or operations potentially generating noxious fumes, toxic substances,
flammable materials, radioactive materials, and infectious waste will comply with all
federal, state, and local regulations and standards including the Hazardous Materials
Plan adopted by the City of Fountain Valley, provided it is not in conflict with Federal
or State law.
4. All fire hydrants and access shall be approved by the Fountain Valley Fire Department.
5. All new buildings shall comply with all applicable State and Federal laws.
4.3 PLAN CONSISTENCY
Finding: That the City of Fountain Valley hereby finds that the proposed Sanitation Districts'
Specific Plan is consistent with the Fountain Valley General Plan, and Redevelopment Plan for
Industrial Area of the Redevelopment Project.
TLw:pjM5)R:0r7/12/93 9
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Facts: The proposed Sanitation Districts' Specific Plan is located adjacent to the boundaries of
the Industrial Area of the City of Fountain Valley's Redevelopment Plan. The Redevelopment
Plan conforms to the City of Fountain Valley General Plan which designates the subject property
as "industrial" subject to a Specific Plan.
The Sanitation Districts' Specific Plan provides for the implementation of the Districts' 1989
Collection, Treatment and Disposal Facilities Master Plan through the year 2020. The Districts
and City acknowledge that technological and regulatory changes, as well as service needs and
demands, are likely to occur prior to complete implementation of the Master Plan in the year
2020. In such event, the Master Plan will require changes which shall then cause an amendment
to the Specific Plan to be revised, as provided in Section 5.0 below.
The Sanitation Districts' Specific Plan is specifically consistent with the Redevelopment Plan and
the General Plan, and it provides a precise mechanism for the implementation of the "2020
Master Plan" on Collection, Treatment and Disposal Facilities, as adopted by the County
Sanitation Districts of Orange County in February of 1989.
The Specific Plan provides for and approves existing landscaping and walls along the arterial
streets on the perimeter of the Districts' property, so as to provide a buffer with other
surrounding land uses.
The County Sanitation Districts of Orange County's 2020 Plan on "Collection, Treatment and
Disposal Facilities Master Plan" was subject to a noticed public hearing as required by State and
Federal laws. The Plan and its environmental documents were processed in the manner as
required by State and Federal regulations and the Board for the County Sanitation Districts of
Orange County. After noticed public hearings, and consultation with affected organizations
governmental agencies and individuals, the Board of Directors for the County Sanitation Districts
of Orange County approved the "2020 Plan and its related documents. These documents consist
of County Sanitation Districts of Orange County MASTER PLAN 1989 REPORTS VOLUMES
1 THROUGH 9 and the ENVIRONMENTAL DOCUMENTS.
The County Sanitation Districts of Orange County Master Plan and environmental documents
are made a part of this Specific Plan by reference. In the event the "2020 Plan", is amended
by the Districts with the concurrence of the City of Fountain Valley, the amended plan shall be
incorporated and made a part of this Specific Plan by reference.
TLW:pj(85)R:07/12/93 10
5.0 SPECIFIC PLAN AMENDMENT
The Specific Plan may be amended from time to time upon request from the County Sanitation
Districts of Mange County or if initiated by the City of Fountain Valley. In the latter event,
the amendment will be processed in accordance with the terms and conditions of the
Memorandum of Understanding by and between City and Districts, dated August 12, 1992. The
City of Fountain Valley understands that the wastewater treatment methods and standards, as
well as environmental and public health -regulations, that are required by Federal and State
agencies may change from time to time and that the City of Fountain Valley will not
unreasonably withhold approvals for said amendments.
5.1 AMENDMENT PROCEDURES
In accordance with the California Government Code Sections 65453 to 6U54, Specific Plans
shall be prepared, adopted and amended in the same manner as General Plans. except that
Specific Plans may be adopted by resolution or ordinance.
Amendments to the Specific Plan may require preparation of a supplemental or addendurn to the
existing environmental impact report as may be required by the Federal and State environmental
laws.
TLW:PMA:07112193
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APPENDIX
DEFINITIONS
A. "2020 Plan"
The Master Plan for treatment
County described as the " 1989
Plan", consisting of Volumes 1
Valley Planning Department.
facilities for the County Sanitation Districts of Orange
Collection, Treatment and Disposal Facilities Master
through 9, which are on file with the City of Fountain
B. 2020 Environmental Impact Report
The environmental documents prepared in accordance with the California Environmental
Quality Act pertaining to the environmental impacts of the County Sanitation Districts
of Orange County's "1989 Collection, Treatment and Disposal Facilities Master Plan".
C. Co -Combustion
The rapid chemical combination of oxygen with the combustible elements of two or more
fuels. The combination of the combustible elements and compounds of a fuel with all
the oxygen require a temperature. high enough to ignite the constituents, mixing or
turbulence and sufficient time for complete combustion. There are no co -combustion
facilities at Districts' Reclamation Plant No. 1.
D. Co -Generation
The sequential utilization of energy from the same source to produce electric power and
a lower level of thermal energy, such as process heat. Co -Generation Facilities presently
exist at Districts' Reclamation Plant No. 1 in the form of engine generator sets
generating electric power from the wastewater treatment process by-products, such as
biologically produced methane gas.
E. Districts
Any individual or combination of individual County Sanitation Districts Nos. 1, 2, 3, 5,
6, 7, 11, 13 or 14 of Orange County.
F. Incineration
The process of reducing a volume of solid refuse or waste materials through compacting,
pulverizing and/or shredding the materials and then feeding the material, combined with
another highly combustible fuel, through a closed combustion chamber. There are no
incinerator facilities at District's Reclamation Plant No. 1.
G. Infrastructure
Basic framework of streets, on -site traffic circulation system, water system and drainage
system allowing for the operation of a facility for the treatment of wastewater.
TLW:pj(B5)R:07/12/93 12
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t
H. Wastewater
Both domestic wastewater and industrial wastewater, as defined in the Districts'
Wastewater Discharge Regulations Ordinances, Section 102(25), (36) and (93).
1. Treatment Facility
An arrangement of equipment, devices and structures for treating wastewater, industrial
wastes and their residuals. This term is sometimes used synonymously with waste
treatment plant, sewage treatment plant or wastewater treatment works.
6.2 EXHIBITS
A. Plant No. 1 Master Plan
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13
August 12, 1993
NOTICE TO THE AD HOC COMMITTEE
RE FOUNTAIN VALLEY ISSUE
William D. Mahoney, Joint Chairman
A.B. "Buck" Catlin, Past Joint Chairman
Don R. Griffin, Past Joint Chairman
RE: Committee Meeting Wednesday, August 18th, at 4:30 p.m.
We have been asked to notify you that there will be a meeting of the Committee at
the above hour and date. The meeting will begin at 4:30 m and a light dinner will
be served at 5.30 p.m., prior to the beginning of the Personnel Committee meeting.
Legal counsel for the Districts and City have reached tentative agreement on the
language for the Fountain Valley Specific Plan for Reclamation Plant 1, subject to the
approval of the respective governing bodies. It is submitted herewith for
consideration by the Ad Hoc Committee and a recommendation to the Executive
Committee. Enclosed is a copy of the specifi plan and a memorandum from the
Districts' general counsel. Z? �
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Enclosures
cc: Charles E. Puckett, Vice Joint Chairman
Thomas L. Woodruff, General Counsel
Board Secretary,
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LAW OFFICES OF
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ROURKE, WOODRUFF & SPRADLIN
A PROFMSIONAL. CORPORAnOIv
MEMORANDUM
TO: Directors Catlin, Griffin and Mahoney
County Sanitation Districts
FROM: General Counsel
DATE: July 19, 1993
RE: Fountain Valley Specific Plan
After many months of negotiations and redrafting of the proposed language for the
Specific Plan, I am pleased to report to you that we have now concluded those efforts and
arrived at a form of the Specific Plan which has been approved by the Staff of the City of
Fountain Valley, and which is being recommended for approval by this office and your
Management Staff.
The Districts and the City entered into a Settlement Agreement dated August 12, 1992
which, among other things, provided for the Districts to develop a Specific Plan which would
then be reviewed by the City Staff and subject to hearings by the City Planning Commission and
City Council. Of utmost importance was a provision that the Specific Plan would be pre -
approved by the Districts, and that if the City, after the hearings, sought any changes in the
Plan, it would not act thereon unless and until it was referred back to the Districts to concur
with any changes. This effectively guarantees that the Districts will know the form and
substance of the Specific Plan to be approved prior to final, official action by the City. In the
unlikely event the City disapproved the Plan as prior approved by the Districts, or makes
changes thereto that are unacceptable to the Districts, the Districts reserve the right to stop the
proceedings, and the parties would then be at a legal impasse calling for some other legal
resolution.
The Specific Plan will serve as the singular zoning guideline and controlling mechanism
by the City and will be in lieu of the City's Zoning and Planning Ordinances. In point of fact,
when this matter is scheduled for hearing for approval by the City Council, they will
concurrently consider an Ordinance that repeals the present provision requiring sewage treatment
plants to obtain a Conditional Use Permit.
The essence of the Specific Plan is to utilize the Districts' 2020 Master Plan, which
shows therein all of the existing facilities at the Fountain Valley site, together with all of the
projected and planned facilities through the Year 2020. This includes not only the wastewater
treatment facilities, but all of the support facilities, including administration buildings,
warehouses, laboratories and maintenance buildings.
eaNN
Page Two
July 19, 1993
The Plan is proceeding on the basis of the Districts' prior CEQA efforts --namely, the
comprehensive Environmental Impact Report that was utilized in conjunction with the 1989 2020
Plan, and thus any development that is in accordance with the Plan will not need additional
detailed environmental assessment.
Section 3.1 of the Specific Plan itemizes all of the permitted uses by seven topical
subjects, including offices, warehouses, maintenance, parking, treatment facilities, structures and
walls. The Plan further does identify prohibited uses, and they are limited to incineration, in
conjunction with co -combustion or other solid waste handling. An important provision relates
to the design review. The Plan allows for the City to have design review of all structures that
can be viewed from the adjacent streets or properties, to include exterior elevations of the
structures, lighting and signing. Additionally, the parking, landscaping and block wall plans will
likewise be subject to the design review.
Section 3.4 provides that the Districts will submit for review and approval all
construction plans for the nonwastewater treatment facilities and will pay the processing plan
check permit and inspection fees for those facilities. The actual wastewater facilities will not
be subject to the City's Building and Zoning Ordinances. This obviously is the key, in view of
the Districts' concern that the City would attempt to somehow regulate the wastewater treatment
operations or capacities.
In the event the Specific Plan is in need of amendment, either by request from the
Districts or if initiated by the City, it will be processed in accordance with the terms and
conditions of the Settlement Agreement dated August 12, 1992. Essentially, that would provide
for the procedure that we are following with regards to this Specific Plan --namely, it is first
approved by the Districts and then submitted to the City for action. If the City proposes action
different than approved by the Districts, the Districts reserve the right to withdraw.
It is my opinion that the form and content of the Specific Plan is in full accordance with
the directives of your Ad Hoc Committee, and as such, is recommended for approval.
X01
T
vl�mas L. Woodruffeneral Counsel
TLW:pj(B9)
cc: Mr. J.W. Sylvester
Mr. T.M. Dawes
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TABLE OF CONTENTS
SECTION
TITLE
PAGE
1.0
SPECIFIC PLAN SUMMARY
1.1
Purpose and Intent
2
2.0
INTRODUCTION
2.1
Project Location
3
2.2
Existing Site Characteristics
3
2.3
California Environmental Quality Act
3
2.4
Authority and Scope
3
2.5
Project Objectives
4
3.0
DEVELOPMENT PLAN
3.1
Permitted Uses
5
3.2
Prohibited Uses
6
3.3
Design Review
6
3.4
Building and Fire Department Construction Permits
7
3.5
Wastewater Treatment Facilities
8
4.0
SITE DEVELOPMENT
4.1
Introduction
9
4.2
General Notes
9
4.3
Plan Consistency
9
5.0
SPECIFIC PLAN IMPLEMENTATION
5.1
Amendment Procedures
11
6.0
Appendix
6.1
Definitions
12
6.2
Exhibits
13
1.0 SPECIFIC PLAN SUMMARY
PURPOSE AND INTENT
The County Sanitation Districts of Orange County Specific Plan establishes comprehensive
guidance for the continued use and the proposed planned future development of the approximate
108 acre -site, owned by the Districts in the City of Fountain Valley, California. The Specific
Plan will carry out the agreed upon land use site plan by combining the master plan of land use
for the site, establishing policies and administrative procedures and development regulations for
implementation of the specific land uses of the site and will replace the current property zoning
standards, including any applicable requirements for obtaining a Conditional Use Permit. This
Specific Plan, adopted by resolution after completion of studies by the City and Districts, is
consistent with the City of Fountain Valley General Plan, and resolves the disagreements
between the City and Districts relating to their respective rights for the use of the site.
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2.1 INTRODUCTION
2.1 PROJECT LOCATION
The project area is located in the central portion of Orange County, within the City of Fountain
Valley. More specifically, the project is located on the south side of Ellis Avenue, west of the
Santa Ana River.
2.2 EXISTING SITE CHARACTERISTICS
The 108-acre project area, for more than 60 years, has been partially developed and
continuously used as a wastewater treatment facility by the County Sanitation Districts of
Orange County and its predecessor agency.
All existing improvements and land are owned and operated by the County Sanitation Districts
of Orange County.
2.3 CALIFORNIA ENVIRONMENTAL QUALITY ACT COMPLIANCE
This Specific Plan has been prepared in compliance with the provisions of the California
Environmental Quality Act (CEQA). The County Sanitation Districts of Orange County
prepared an Environmental Impact Report in conjunction with the preparation of the 1989
Collection, Treatment and Disposal Facilities Master Plan (hereafter the "2020 Plan"). The EIR
for the 2020 Plan was prepared in accord with Federal, State and local environmental laws and
regulations responding to the existing and proposed development. The applicability of the EIR
will include future development, developed in conformance with the County Sanitation Districts
of Orange County Specific Plan. Future development which is consistent with the Specific Plan
will require no further environmental documentation.
2.4 AUTHORITY AND SCOPE
The County Sanitation Districts of Orange County Specific Plan has been prepared pursuant to
the provisions of the California Government Code, Title 7, Division 1, Chapter 3, Article 8,
Sections 65450 through 65457. The California Government Code authorizes cities to adopt
specific plans by resolution or by ordinance. Hearings are required by both the Planning
Commission and the City Council after which the Specific Plan must be adopted by the City
Council to be in effect.
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This Specific Plan will serve as the zoning provisions for the subject property in lieu of other
general zoning ordinance provisions for the subject property. Proposed development plans,
agreements and any other developmental plans must be consistent with the Specific Plan.
Projects which are found consistent with the Specific Plan will be deemed consistent with the
City's General Plan.
2.5 PROJECT OBJECTIVES
In preparing this Specific Plan, consideration has been given to existing facilities, potential
expansion and/or replacement of existing facilities, construction of additional facilities proposed
in both the immediate and long-term future . This Specific Plan will serve as a planning tool
to implement the physical development of the project area by providing mechanisms to ensure
consistency with the City's General Plan and this Specific Plan. Recognizing these goals, the
following project objectives have been established.
To continue to meet the needs of the community and region by providing for appropriate facility
expansion, new wastewater treatment and reclamation programs and services.
To plan and locate new land uses related to wastewater treatment, to assure compatibility with
other existing wastewater treatment facilities on site and surrounding uses and neighborhoods.
To provide for future permitted uses which respond to anticipated needs of the Districts.
To assure that adequate supporting infrastructure exists to service future needs of the City and
the Districts.
To implement the goals, objectives and policies of the City of Fountain Valley General Plan.
To implement the goals, objectives and policies of the Districts' "2020 Plan".
To assure that the proposed use will be consistent with the General Plan of the City and the
"2020 Plan of the Districts and that the proposed uses will have minimal adverse effect on
nearby premises or the City as a whole.
TLw:pj(B5)R:07/12/93 4
1401
3.1 PERMITTED USES
A. Office
1. Office Buildings
2. Operational Control Buildings
3. Laboratories
B. Warehouse
1. Warehousing and storage of equipment and supplies
C.
Maintenance Areas
1.
Vehicle Maintenance
2.
Equipment Maintenance
D.
Parking
1.
Motor Vehicle Garages
2.
Parking Structures
3.
Parking Lots
E. Wastewater Treatment Facilities
1. Wastewater treatment facilities as defined in Section 6.1 below and as delineated in the
"2020 Plan", including cogeneration facilities which generate electrical power through the
burning of the gas by-products of the treatment of wastewater or natural gas
F. Structures
1. Any new structure less than 50 feet in height which is setback a minimum of 30 feet from
Ellis Avenue, Garfield Avenue and Ward Street which is part of the "2020 Plan".
G. Walls
1. All existing perimeter walls along the property boundaries of the site on Ellis Avenue and
Ward Street
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3.2 PROHIBITED USES
Incineration of wastewater by-products with municipal solid waste not originating with the
wastewater treatment process, Co -combustion, Solid Waste handling, to wit: garbage, trash or
other similar solid waste not originating with the wastewater treatment process or any use that
is not specifically authorized by provisions of the "2020 Plan".
3.3 DESIGN REVIEW
In accordance with the adopted purposes of the City's zoning ordinance relating to development
review ---namely, that the design and general appearance of structures and buildings are in
keeping with the intent of achieving high quality, the following provisions shall apply to the
buildings and structures in the Specific Plan.
1. All structures that can be viewed from the adjacent streets or properties shall be
submitted to the Planning/Building Director for Design Review. This review shall include the
review of the design features of all exterior elevations of structures, lighting and any signing
which is designed to be viewed or read from the adjacent streets or properties.
2. All Parking Plans (including lighting) and traffic circulation plans (both on -site and off -
site) shall be subject to Design Review by the City's Planning/Building and Public Works
Directors. City's review of parking plan shall be limited to ensuring that there is adequate on
site parking.
3. All Landscaping Plans (including irrigation) for areas that can be viewed from the
adjacent streets or properties shall be subject to Design Review by the City's Planning/Building
and Public Works Directors.
A. Arterial Street Landscaping
To create a unifying element surrounding the project area, the existing landscaping shall
be maintained adjacent to Ellis Avenue and Ward Street. The existing landscaping may
be changed by District with the prior approval of City's Planning/Building and Public
Works Directors.
B. Landscaping Materials
Landscaping plantings shall be of turf or other appropriate ground cover .
C. Irrigation
Irrigation system shall use reclaimed water to irrigate all landscaping wherever feasible.
4. Block Walls
The existing decorative block/masonry walls shall be maintained adjacent to the
landscaping on Ellis Avenue and Garfield Street. A decorative block/masonry
TLW:pj(R3)R:07/12193 6
extension of the existing wall shall be constructed adjacent to the Garfield Avenue right-
of-way line to screen the project. Construction shall be required at the time of
construction of the Garfield Avenue street improvements, including the extension across
the Santa Ana River. Block wall plans shall be subject to design review and approval
by the Planning/Building and Public Works Directors. Wall plans shall include location,
height, materials and color.
5. Parking
The Districts shall provide on site parking to meet the needs of the Districts' employees,
as well as visitors. The on site parking plan shall be subject to review by the City's
Planning/Building and Public Works Directors.
6. Hazardous Materials Plan
The Districts shall prepare and submit a hazardous materials plan to the City of Fountain
Valley Fire Department for its review and approval. The Districts' hazardous materials
plan shall be incorporated into the City's Hazardous Materials Plan for the total City.
7. Exterior Storage Plan
All exterior storage areas of materials and equipment associated with the treatment of
wastewater, visible from the arterial streets shall be enclosed by a screen wall screening
the storage area from the arterial streets. Districts shall submit an exterior storage plan
indicating the locations, type of storage, and method of screening of materials and
equipment from the arterial streets for review and approval by the Planning/Building
Director.
3.4 BUILDING AND FIRE DEPARTMENT PERMITS
The Districts shall submit for review and approval all construction plans for all non -wastewater
treatment facilities on the site. The Districts shall pay processing fees, plan check fees,
building permit fees and inspection fees for the facilities at the time of submittal and shall
secure required inspections for the non -wastewater treatment facilities. Districts may use state
licensed engineers or inspectors in lieu of City inspectors, subject to City approval. Non -
wastewater treatment facilities shall include, but not be limited to:
A. Office
1. Office Buildings
2. Operational Control Buildings
3. Laboratories
B. Warehouse
1. Warehousing and storage of equipment and supplies
TLW:gj(B5)R:07/12193 7
I
C.
Maintenance Areas
1.
Vehicle maintenance
2.
Equipment maintenance
D.
Parking
1.
Motor Vehicle Garages
2.
Parking Structures
3.
Parking Lots
E. Other
1. Other structures which are not involved in the direct treatment of wastewater
3.5 WASTEWATER TREATMENT FACILITIES
Wastewater treatment facilities shall not be subject to City's building and zoning ordinances,
except as expressly provided herein. Such facilities shall include, but not be limited to digesters,
clarifiers, scrubber and settling ponds.
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4.0 SITE DEVELOPMENT
4.1 INTRODUCTION
The County Sanitation Districts of Orange County Specific Plan has been formulated in
accordance with the Fountain Valley General Plan. This Specific Plan will serve as the
primary guidance document for the implementation of the Specific Plan. Wherever provisions
contained in this document conflict with the regulations of the Fountain Valley Municipal Code,
the provisions contained herein shall take precedence. The Municipal Code shall apply to this
development when standards are not provided within this document. All newly -constructed non -
wastewater treatment facilities within the boundaries of the County Sanitation Districts of
Orange County Specific Plan shall comply with all the provisions of the most recently adopted
editions of the Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code,
National Electrical Code and the Uniform Fire Code.
4.2 GENERAL NOTES
1. Domestic (potable) water service to and within the Specific Plan area shall be furnished
by the City of Fountain Valley.
2. Subdivision of property within the Specific Plan area shall be in accordance with the
State Subdivision Map Act.
3. All facilities or operations potentially generating noxious fumes, toxic substances,
flammable materials, radioactive materials, and infectious waste will comply with all
federal, state, and local regulations and standards including the Hazardous Materials
Plan adopted by the City of Fountain Valley, provided it is not in conflict with Federal
or State law.
4. All fire hydrants and access shall be approved by the Fountain Valley Fire Department.
S. All new buildings shall comply with all applicable State and Federal laws.
4.3 PLAN CONSISTENCY
Finding: That the City of Fountain Valley hereby finds that the proposed Sanitation Districts'
Specific Plan is consistent with the Fountain Valley General Plan, and Redevelopment Plan for
Industrial Area of the Redevelopment Project.
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Facts: The proposed Sanitation Districts' Specific Plan is located adjacent to the boundaries of
the Industrial Area of the City of Fountain Valley's Redevelopment Plan. The Redevelopment
Plan conforms to the City of Fountain Valley General Plan which designates the subject property
as "industrial" subject to a Specific Plan.
The Sanitation Districts' Specific Plan provides for the implementation of the Districts' 1989
Collection, Treatment and Disposal Facilities Master Plan through the year 2020. The Districts
and City acknowledge that technological and regulatory changes, as well as service needs and
demands, are likely to occur prior to complete implementation of the Master Plan in the year
2020. In such event, the Master Plan will require changes which shall then cause an amendment
to the Specific Plan to be revised, as provided in Section 5.0 below.
The Sanitation Districts' Specific Plan is specifically consistent with the Redevelopment Plan and
the General Plan, and it provides a precise mechanism for the implementation of the "2020
Master Plan" on Collection, Treatment and Disposal Facilities, as adopted by the County
Sanitation Districts of Orange County in February of 1989.
The Specific Plan provides for and approves existing landscaping and walls along the arterial
streets on the perimeter of the Districts' property, so as to provide a buffer with other
surrounding land uses.
The County Sanitation Districts of Orange County's 2020 Plan on "Collection, Treatment and
Disposal Facilities Master Plan" was subject to a noticed public hearing as required by State and
Federal laws. The Plan and its environmental documents were processed in the manner as
required by State and Federal regulations and the Board for the County Sanitation Districts of
Orange County. After noticed public hearings, and consultation with affected organizations
governmental agencies and individuals, the Board of Directors for the County Sanitation Districts
of Orange County approved the "2020 Plan and its related documents. These documents consist
of County Sanitation Districts of Orange County MASTER PLAN 1989 REPORTS VOLUMES
1 THROUGH 9 and the ENVIRONMENTAL DOCUMENTS.
The County Sanitation Districts of Orange County Master Plan and environmental documents
are made a part of this Specific Plan by reference. In the event the "2020 Plan", is amended
by the Districts with the concurrence of the City of Fountain Valley, the amended plan shall be
incorporated and made a part of this Specific Plan by reference.
TLW:pj(B3)R:07/12/93 10
a
5. o SPECIFIC PLAN AMENDMENT
The Specific Plan may be amended from time to time upon request froir. the County Sanitation
Districts of Orange County or if initiated by the City of Fountain Valley. In the latter event,
the amendment will be processed in accordance with the terms and conditions of the
Memorandum of Understanding by and between City and Districts, dated August 12, 1992. The
City of Fountain Valley understands that the wastewater treatment methods and standards, as
well as environmental and public health -regulations, that are required by Federal and State
agencies may change from time to time and that the City of Fountain Valley will not
unreasonably withhold approvals for said amendments.
5.1 AMENDMENT PROCEDURES
In accordance with the California Government Code Sections 65453 to 65454, Specific Plans
shall be prepared, adopted and amended in the saine manner as General Plans, except than
Specific Plans may be adopted by resolution or ordinance.
Amendments to the Specific Plan may require preparation of a supplemental or addendum to the
existing environmental impact report as may be required by the Federal and State environmental
laws.
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6.0 APPENDIX
6.1 DEFINITIONS
A. "2020 Plan"
The Master Plan for treatment facilities for the County Sanitation Districts of Orange
County described as the "1989 Collection, Treatment and Disposal Facilities Master
Plan", consisting of Volumes 1 through 9, which are on file with the City of Fountain
Valley Planning Department.
B. 2020 Environmental Impact Report
The environmental documents prepared in accordance with the California Environmental
Quality Act pertaining to the environmental impacts of the County Sanitation Districts
of Orange County's " 1989 Collection, Treatment and Disposal Facilities Master Plan".
C. Co -Combustion
The rapid chemical combination of oxygen with the combustible elements of two or more
fuels. The combination of the combustible elements and compounds of a fuel with all
the oxygen require a temperature high enough to ignite the constituents, mixing or
turbulence and sufficient time for complete combustion. There are no co -combustion
facilities at Districts' Reclamation Plant No. 1.
D. Co -Generation
The sequential utilization of energy from the same source to produce electric power and
a lower level of thermal energy, such as process heat. Co -Generation Facilities presently
exist at Districts' Reclamation Plant No. 1 in the form of engine generator sets
generating electric power from the wastewater treatment process by-products, such as
biologically produced methane gas.
E. Districts
Any individual or combination of individual County Sanitation Districts Nos. 1, 2, 3, 5,
6, 7, 11, 13 or 14 of Orange County.
F. Incineration
The process of reducing a volume of solid refuse or waste materials through compacting,
pulverizing and/or shredding the materials and then feeding the material, combined with
another highly combustible fuel, through a closed combustion chamber. There are no
incinerator facilities at District's Reclamation Plant No. 1.
G. Infrastructure
Basic framework of streets, on -site traffic circulation system, water system and drainage
system allowing for the operation of a facility for the treatment of wastewater.
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H. Wastewater
Both domestic wastewater and industrial wastewater, as defined in the Districts'
Wastewater Discharge Regulations Ordinances, Section 102(25), (36) and (93).
I. Treatment Facility
An arrangement of equipment, devices and structures for treating wastewater, industrial
wastes and their residuals. This term is sometimes used synonymously with waste
treatment plant, sewage treatment plant or wastewater treatment works.
6.2 EXHIBITS
A. Plant No. 1 Master Plan
TLW:pj(B5)R:07112/93 13
y
Executive Committee Report
October 23, 1991
1987-89, had previously denied shut -down credit for these engines. The result
of these negotiations is that the Districts will now own 27 tons per year of
surplus on -site, non -methane hydrocarbons (NMHC) air emission credits, freeing
a like amount of surplus offsite credits which were previously purchased in
East Los Angeles (as part of a 200-ton/year purchase for the Central Power
project). Under the new SCAQMD Regulation XIII rules, the off -site credits
cannot be used at the treatment plants but do enjoy resale potential. Attached
is a separate staff report (buff) which explains the subject in more detail.
Staff sought direction from the Committee on the disposition of the surplus
27 tons of off -site NMHC air emission credits.
Recommendation: Following considerable discussion, it is the Committee's
recommendation that staff be authorized to solicit proposals for sale of the
Districts' 27 tons of surplus off -site, non -methane hydrocarbons (NMHC) and to
report back to the Committee.
The Committee also directed staff to seek information from SCAQMD on pending
changes in their rules pertaining to use and marketing of air emission credits;
and the possibility of renting air emission credits.
6)
In 1985, in response to concerns expressed by the Fountain Val
over the potential extension of the Districts' service area boun arees, w tc
they felt might trigger the need to further expand Plant No. 1 beyond what might
otherwise be envisioned, the Boards adopted a policy limiting sewerage service
to those areas within the then -adopted sphere of influence of the Districts and
territory then served under contract. No exceptions have been allowed to date.
In July the Executive Committee received a request from representatives
of interests proposing that a development in the City of La Habra Heights in
Los Angeles County be provided sewerage service by the Sanitation Districts via
a proposed connection to the City of La Habra sewer system. The alternative is
an expensive system to pump the wastewater into Los Angeles County's sewerage
system, or the use of septic tanks. At that time the Committee discussed the
matter at considerable length during which staff briefly reviewed existing
agreements for accommodating exchange of wastewater flows between Orange County
and Los Angeles County for engineering reasons. Committee members also
expressed concern that the current policy might preclude similar accommodations
in the future that would help protect groundwater supplies. The Committee
directed staff to conduct a study of the potential sewerage service exchange
areas and wastewater volumes that could be affected by the existing policy and
report back to the Committee.
The staff then reviewed the requested report (tan enclosure) with the
Committee. During the lengthy discussion that followed, Committee members
reiterated their previously stated concern that the existing policy might
(4 of 5)
Execui ^ie Committee Report
October 23, 1991
Because the proposed agreement is somewhat different than the original
understanding, staff stated that they were requesting reauthorization from the
Directors and recommended that the Boards authorize payment to the Orange County
Assessor's Office for the one-time purchase of the property database in the
total amount not to exceed $956,860; and for annual costs of property
characteristics updates in the amount of $98,200 for 1990-91; and thereafter in
accordance with unit charges, not to exceed actual costs, as established by the
Orange County Board of Supervisors.
Recommendation
recommendation.
4) Status
The Executive Committee concurs with the staff's
rt on Resolutio
amation
untain Vall
For several months the Committee has been discussing the issue of whether
conditional use permits can be required by the City of Fountain Valley for
expansion of treatment facilities at Plant No. 1. It is the position of the
City that their zoning ordinance applies to the Districts and that its provisions
requiring a Conditional Use Permit can be enforced. The City believes it has
the right and obligation to do so. It is the Districts' position that they are
not subject to conditional use permit requirements because they are a regional
governmental authority providing sewerage service to all cities in metropolitan
Orange County, thus transcending Fountain Valley's authority which, if enforced,
could effectively usurp the land use decision making authority of the governing
bodies of the other 22 cities and the County of Orange in the Districts' service
area.
The Joint Chairman reported that the Ad Hoc Committee appointed to address
this matter and representatives of the City of Fountain Valley were attempting
to arrange a meeting to resolve this issue. The Ad Hoc Committee had hoped to
meet prior to the Executive Committee meeting but had been unable to arrive at
a mutually convenient time and, thus, had no status report to give. He advised
that the Ad Hoc Committee would report back to the Directors at a future meeting.
5) Sale of Surplus Air Emission Credits.
Over the past several years the Districts have acquired off -site air
emission credits as well as secured on -site emission credits for various
Districts' projects including treatment plant expansion and construction of the
Central Power Generating Facilities. These credits are required to obtain
Permits to Construct the projects from the South Coast Air Quality Management
District (SCAQMD).
Staff reported that they had recently negotiated successfully with the
SCAQMD over an outstanding air emission credit issue; the disposition of credits
from the Districts' two large internal combustion engines which drive air
blowers as part of Reclamation Plant No. 1's secondary treatment facilities.
SCAQMD, as part of the permitting of the Central Power Generating Facilities in
(3 of 5)
Executive Committee Report
October 23, 1991
preclude accommodating certain areas that could help protect Orange County's
groundwater supplies. It was also pointed out that since 1985 the Districts
have adopted a new master plan that includes the proposed construction of three
new upstream water reclamation plants that would reduce the need for future
expansion of the existing Fountain Valley and Huntington Beach plants.
Following further discussion the matter was referred to the Ad Hoc Directors'
Committee re the Fountain Valley CUP issue for further review, study and report
back to the Directors.
7) Computerized Facilities Records and Drawings Systems, Job No. J-25-1.
In April 1991, the Executive Committee reviewed staff's proposal for the
installation of a computerized system to maintain utility maps and the related
database of the plants and collection system, to perform system modeling and to
perform certain power studies. A draft scope of work has been completed for the
work which will be contracted under two jobs: Job No. J-25-1, Computerized
Facilities Records and Drawings Systems, and Job No. J-25-2, Power Studies.
Staff reported that they had transmitted the Scope of Work for Job
No. J-25-1, along with a Request for Statement of Qualifications, to eleven firms
which expressed an interest in this project. Nine of the eleven firms responded
(in three cases, two firms joined for a proposal). Staff then reviewed the
enclosed report (gold) that outlines the proposed selection process and the
staff's evaluation of the SOQ's. Based on their analysis of the Statements of
Qualification (SOQ) staff recommended that the Selection Committee be authorized
to issue Requests for Proposals to three short-listed firms: (1) Boyle
Engineering Corporation/John Carollo Engineers, a joint venture; (2) James M.
Montgomery Consulting Engineers, Inc.; and (3) RJN Computer Services/Lee and Ro
Consulting Engineers, a joint venture.
Job No. J-25-2, Power Studies, is still in the development stage and will
be submitted for consideration at a future date.
Recommendation: The Executive Committee recommends that the Selection
Committee be authorized to issue Requests for Proposals to three short-listed
firms: (1) Boyle Engineering Corporation/John Carollo Engineers, a joint venture;
(2) James M. Montgomery Consulting Engineers, Inc.; and (3) RJN Computer
Services/Lee and Ro Consulting Engineers, a joint venture, for Computerized
Facilities Records and Drawings Systems, Job No. J-25-1; and to interview the
firms and negotiate a professional services agreement with the selected firm.
The Committee further recommends that the Selection Committee be expanded
for this project to include three additional Directors to join the Joint
Chairman and Vice Joint Chairman (Directors Edgar, Puckett and Swan volunteered
to serve on the Special Selection Committee).
JWS:sc
Enclosures
(5 of 5)
PNl'�AT/pN
COUNTY SANITATIorq DISTRICTS
A `I 'Po roa p�O
J Qo i a Ana
�y = `� OF ORANGE COUNTY, CALIFORNIA
P.O. BOX 8127, FOUNTAIN VALLEY, CALIFORNIA 92728-8127
10844 ELLIS, FOUNTAIN VALLEY, CALIFORNIA 92708-7018
p�gNGE COUN�
(714) 962-2411
October 15, 1992
NOTICE TO THE
AD HOC COMMITTEE
RE SERVICE TO OUTSIDE AREAS
William D. Mahoney, Joint Chairman
Evelyn Hart, Vice Joint Chairman
A. B. Catlin, Past Joint Chairman
Don R. Griffin, Past Joint Chairman
John Collins, Chairman Pro Tem, District 2
RE: Committee Meeting: •. •.e•• .
A light dinner will be served before
the meeting.
Location: Administrative Offices--CSDOC
We have been asked to notify you that there will be a meeting
of the Ad Hoc Committee, to discuss the issue of providing
service to areas outside the Districts' boundaries, at the above
hour and date as discussed at the last Joint Board Meeting.
Enclosed is a brief discussion of thg issue to be discussed.
JWS : TMD : j t
cc: Board Secretary
General Counsel
/'N4 COUNTY SANITATION DISTRICTS
of ORANGE COUNTY, CALIFORNIA
October 15, 1992
MANAGER'S REPORT
Ad Hoc Committee
re
Service to Outside Areas
T FOR EXCEPTION TO
10844 ELLIS AVENUE
P.O. BOX 8127
FOUNTAIN VALLEY, CALIFORNIA 92728.8127
(714)962-2411
SEWAGE
The Joint Chairman formed this special committee to study the issue of CSDOC
providing service to areas outside the Districts current service boundaries and
to submit a report and recommendation to the Executive Committee.
In 1985, in response to concerns expressed by the City of Fountain Valley over
the potential extension of the Districts' service area boundaries, which might
trigger the need to further expand Plant No. 1 beyond what might otherwise be
envisioned, the Boards adopted a policy limiting sewerage service to those areas
within the then -adopted sphere of influence of the Districts and territory then
served under contract. No exceptions have been allowed to date.
In July 1991, the Executive Committee received a request dated May 20, 1991
(copy enclosed) proposing that a development in the City of La Habra Heights in
Los Angeles County be provided sewerage service by the Sanitation Districts via
a proposed connection to the City of La Habra sewer system. The alternative is
an expensive system to pump the wastewater into Los Angeles County's sewerage
system, or the use of septic tanks.
The Committee discussed the matter at considerable length during which staff
briefly reviewed existing agreements for accommodating exchange of wastewater
flows between Orange County and Los Angeles County for engineering reasons. At
that time Committee members expressed concern that the current policy might
preclude similar accommodations in the future that would help protect
groundwater supplies. The Committee directed staff to conduct a study of the
potential sewerage service exchange areas and wastewater volumes that could be
affected by the existing policy and report back to the Committee.
At the Executive Committee's October 1991 meeting, after reviewing the enclosed
Staff Report analyzing drainage areas tributary to the Districts, the matter was
referred to the then Ad Hoc Committee Re the Fountain Valley CUP Issue. The Ad
Hoc Committee decided that consideration of the matter should be held in
abeyance until the CUP issue was resolved, although it was discussed with the
City during meetings with their representatives.
In October 1991, the Executive Committee received a staff report dated
October 16, 1991 (enclosed) which reviewed the Districts' current policy
regarding the acceptance of sewage generated outside of the Districts' service
area. The report found that the maximum "out -of -service area" flow which might
be generated if the non -expansion policy were changed would be 1.7 million
gallons per day from areas tributary to Districts' sewers but not within the
Districts' service area or areas served by contract agreement. The areas are
located in both Los Angeles and San Bernardino Counties.
The benefits of allowing areas not in the service area but tributary to it to
direct flows to the Districts' collection system generally fall into one of two
categories.
The collection of the sewage by sanitary sewers in lieu of ground
disposal of sewage via septic tanks, leach fields, cesspools, etc.
would have a positive benefit to the La Habra groundwater basin. That
basin has a problem with high nitrate levels, and sewage septage is one
of the contributing factors to high nitrate levels.
The sewage could be collected and pumped over the ridge for gravity
drainage to the LA County Sanitation District. Allowing a connection
to the Districts' collection system including those of the member
agencies, would negate the costly construction of pump stations,
produce energy savings, and thereby reduce air emissions.
There are several issues which should be considered if the Committee
recommends accepting sewage from outside the adopted boundaries. Those issues
would include the following:
1. Connection fees.
2. An annual fee for operations and maintenance. Those costs are now
financed by user fees and ad valorem property taxes.
3. The requirement of the local agency which sponsors the connections.
The local agency should probably be responsible for the connections
and be the agency which guarantees payment of annual fees. A possible
requirement would be that the local agency adopt an ordinance which
indicates that they will oppose, in the future, projects which
discharge directly to the ground. It probably would not make great
sense to do this for only seventeen homes knowing many more were going
to still provide groundwater pollution.
At the meeting staff will seek direction from the Committee members.
ENG/ADHOC:MR.102292A,-B
-2-
en"N /an� COUNTY SANITATION DISTRICTS
October 16, 1991
STAFF REPORT
Analysis of Drainage Areas in Los Angeles
and San Bernardino Counties Tributary to
Westerly and Northerly Portions
of the County Sanitation Districts
of Orange County
Background
of ORANGE COUNTY, CALIFORNIA
108" ELLIS AVENUE
P.O. BOX 8127
FOUNTAIN VALLEY, CALIFORNIA S2728-8127
(7141962-2411
In July 1991, a request to accept sewage from 17 new homes, proposed to be
constructed in the City of La Habra Heights adjacent to the northerly District
No. 3 boundary, was received by the Executive Committee. However, in
accordance with a policy resolution adopted by the Boards of Directors in 1985,
sewage can not be accepted since it would be an expansion of the Districts
service area.
However, the Directors noted that if this development were constructed with
onsite sewage disposal systems (septic tanks), Orange County groundwater basin
could be impacted.
Staff was therefore directed to prepare a report on the possible ultimate
expansion of the Districts service area to determine if protection of the
groundwater basin warranted waiver of the 1985 policy resolution to expand the
boundary to include tributary drainage areas.
Summary
In summary, the areas which are tributary to (i.e., naturally drain into), but
outside of, the County Sanitation Districts' service area (or could logically be
sewered by) the County Sanitation Districts is as follows:
Area Flow
Los Angeles County 6,700 Acres 1,080,000 GPD
San Bernardino County 6,000 Acres 5609000 GPD
Existing Agreements for Accepting Wastewater from Outside Districts Boundaries
The Sanitation Districts provide sewer service for immediately adjacent areas
not within the Districts boundaries under separate sewer service agreements, as
shown on the attached map. In the past, County Sanitation District No. 3
(CSD 3) entered into agreements with Los Angeles County Sanitation Districts
(LACSD) Nos. 18 and 19, the Sandlewood Sewer Maintenance District, the community
of Sunset Beach and the Seal Beach Naval Weapons Station and the Joint Districts
have an agreement with the Santa Ana Watershed Project Authority (SAWPA) to
accept wastewater from the upper Santa Ana River Basin to serve areas tributary
to CSD 3, but not within the District.
1
w
The areas within Los Angeles County are part of a flow exchange to serve
development primarily adjacent to Coyote Creek, along the county's westerly
boundary where Coyote Creek cuts diagonally across the westerly Orange County
boundary. These agreements, approved in 1960, eliminated the need for pump
stations and siphons for both CSD 3 and LACSD Nos. 18 and 19. CSD 3 receives
about 900,000 gallons per day (GPD) from Los Angeles County, and Los Angeles
County receives about 700,000 GPD from CSD 3 under these agreements.
The Sandiewood Sewer Maintenance District serves a small tract on -the northerly
boundary for which sewer service has been provided since 1967. Since 1971,
CSD 3 has provided sewer service for the Sunset Beach community. By separate
agreement flow is also received from the Naval Weapons Station. Sunset Beach
and the Naval Weapons Station are "islands" within the District.
County Sanitation District No. 2 (CSD 2) and the Joint Boards entered into
agreements with SAWPA in the early 1970's to receive up to 30 million gallons
per day (MGD) of brine water originating in San Bernardino and Riverside
Counties in a program to help protect Orange County's groundwater basin from
contamination.
Boards' Policy Re Against Expansion of Service Area
With the formation of County Sanitation District No. 14 (CSD 14) to serve the
Irvine area, the City of Fountain Valley became concerned that continued
annexations or execution of sewer service agreements would require undue
expansion of the Fountain Valley reclamation facilities, with resulting impacts
on the City. In response, the Joint Boards of Directors adopted a resolution
(copy attached) on December 11, 1985, fixing the Districts' service area as the
then existing boundaries and/or spheres of influence. There have been no
exceptions to that resolution to date.
Discussion
Recently the Directors received a request (see attached letter) to sewer 17
residential lots immediately north of CSD 3 boundary in the City of La Habra
Heights within Los Angeles County. In response to this request, the Executive
Committee directed staff to prepare a report to determine the maximum area
outside the 1985 adopted boundaries which could be sewered by gravity flow and
if it would result in a benefit to the Orange County groundwater basin by
elimination of in -ground wastewater disposal systems (septic tanks). Most of
the area is not tributary to Orange County's large groundwater basin, but to the
smaller La Habra groundwater basin.
Staff has identified areas in both Los Angeles County, including the Cities of
La Habra Heights and Diamond Bar and unincorporated areas, and San Bernardino
County, primarily from the Chino Hills area tributary to CSD's 2, 3 and 13.
Information was obtained from city and county agencies showing the following:
Current city/county/district boundaries
Tributary drainage areas
Land use, zoning and annexations
Proposed future development and master plans
Feasibility studies
Existing major trunk sewer lines
Existing local sewer lines
MAI
emoN
Average daily flows were calculated based on 270 gallons per day per dwelling
unit.
City of La Habra Heights
The City of La Habra Heights was incorporated in 1978 and encompasses an area of
hilly terrain north of the City of La Habra in Orange County. The southeasterly
portion of the city lies within a tributary drainage area that flows into the
service area covered by CSD 3. Sewage collection and disposal is presently
provided regionally by the LACSD and locally by the Los Angeles County
Department of Public Works. LACSD No. 18 operates and maintains an 8-inch sewer
which serves some existing development in the southwest section of the city.
There are no new trunk or interceptor lines planned for the city in the near
future. The City of La Habra Heights presently contracts with the Los Angeles
County Department of Public Works for operation and maintenance of the local
collector system. Within city boundaries there have been a number of
annexations to LACSD No. 18 which make provision for sewer service to each of
these developments. Three other annexations are in the planning stage. The
remainder of existing development within the city is low density residential and
connected to individual septic systems.
Summary of La Habra Heights
City Land Area Tributary to CSD
Maximum
Development
Area Zoning
Expected Flow
Developed/Undeveloped
719 Acres R-A-1
194,130 GPD
Developed/Undeveloped
61 Acres R-A-209000
359870 GPD
Developed/Undeveloped
114 Acres R-A-409000
339519 GPD
City of Diamond Bar
The City of Diamond Bar was incorporated in 1989 and lies north of the City -of
Brea and unincorporated areas of Orange County. The southerly portion of the
city is within a tributary drainage area that flows into service areas covered
by CSD 2 and 13. Sewage collection and disposal within the city limits is
presently provided regionally by LACSD No. 21 and locally by the Los Angeles
County Department of Public Works. The City of Diamond Bar presently contracts
with the Los Angeles County Department of Public Works for operation and
maintenance of the local collector system. All sewage from development in the
areas tributary to Orange County is collected through a series of lift stations,
pumped back and collected by LACSD No. 21.
Los Angeles County Unincorporated Area
North of the City of Brea and unincorporated areas of Orange County lies a
tributary drainage area that flows into service areas covered by CSD Nos. 2
and 13. This unincorporated portion of of Los Angeles County is bordered on the
west by the City of La Habra Heights, on the north by the City of Diamond Bar
and on the east by San Bernardino County. There is presently minimal
development and existing zoning is for very low density residential or
-3-
f
agricultural uses. The principal drainage basins are Brea and Tonner Canyons,
and the Firestone Boy Scout camp occupies a large portion of this unincorporated
area. The only proposed development for this area in the foreseeable future is
a golf course/country club situated within the area occupied by the Firestone
Boy Scout camp.
Summary of L.A. County Land Area Tributary to CSD
Maximum
Development
Area
Zoning
Expected Flow
Undeveloped
1,174 Acres
A-2-1
3169980 GPD
Undeveloped
2,380 Acres
A-2-2
3219300 GPD
Proposed Golf Course/
Country Club
714 Acres
A-2-2
969390 GPD
Undeveloped
1,574 Acres
A-1-5
84,996 GPD
Chino Hills Area of San Bernardino County
This area is presently unincorporated and is located northeast of the City of
Yorba Linda and the Orange County boundary. Sewage collection and disposal is
provided by Waterworks District No. 8, an agency formed in 1928 and governed by
the San Bernardino County Board of Supervisors. With development of Chino
Hills, this agency was enlarged in 1982 to provide water and sewer service to
the entire Chino Hills Specific Plan Area which includes development in areas
tributary to CSD 13. The Chino Hills Specific Plan incorporates three
"villages" within the Orange County tributary area with proposed low and medium
density residential development. Principal drainage basins are the upper
reaches of Tonner Canyon, Carbon and Soquel Canyons. All existing development
in the tributary area is presently on private septic systems. Two studies have
been prepared on the feasibility of providing sewer service to development in
Carbon Canyon. The latest was completed in November 1990 and recommended
construction of a trunk sewer, force main and two lift stations to pump sewage
back to the Chino Basin Municipal Water District treatment plant facility near
the City of Chino. A previous study and discussions between the parties
revealed that CSD would not accept sewage from development in San Bernardino
County and so none of the flow was proposed to be accommodated by CSD facilities
in the study. The remaining Chino Hills tributary drainage area to the south is
all located within Chino Hills State Park and it is anticipated there would be
no sewage flow from this area into CSD 13.
Summary of San Bernardino County Land Area Tributary to CSD
Maximum
Development
Area
Zoning
Expected Flow
Carbon Canyon
1,952 Acres
1 DU/2 Acres
2599740 GPD
Soquel Canyon
1,859 Acres
1 DU/3 Acres
2019690 GPD
Tres Hermanos
1,795 Acres
1 DU/5 Acres
969660 GPD
(Tonner Canyon)
-4-
eow-1, /400.1
In December 1988 and January 1989, the San Bernardino County Department of
Environmental Health surveyed the Carbon Canyon area for health hazards due to
excessive failure rates of individual on -site disposal systems. The resulting
report stated that public sewers should be installed for the benefit and health
of the community.
A summary of the survey's findings follows:
Most existing on -site systems are old, poorly maintained, and sited on
soils with limited percolation ability. Lot size is generally inadequate
and most slopes are too steep for septic tank absorption fields to be
practical.
As old systems age further, failures are more frequent and pumping
increases resulting in complaints from residents. These complaints
increased 100/ to 200% per year in the three-year period 1986-1988.
Groundwater levels are frequently shallow and locations unpredictable
because of complex geologic structure, making on -site septic systems
difficult to use. On -site systems are impractical in most elevated areas
where there are steep slopes and shallow depths to bedrock. Most soils in
the area are of poor quality and inadequate for on -site systems.
The above report concluded that existing on -site septic systems and absorption
fields were generally inadequate, resulting in the risk of ground and/or surface
water contamination in the Chino Hills area and associated health hazards due to
these systems.
Within the City of La Habra Heights, existing on -site septic systems service
structures on large lots of one acre and greater. These structures and septic
systems are much newer than those in the Carbon Canyon study, with an average
age of 15 years. The city presently requires a percolation test for each
property prior to the owner obtaining a building permit for a new building
needing sewer service. As of this date there has been no formal study performed
in the area investigating on -site septic system failures and on information on
this subject was uncovered for inclusion in this report. However, since the
city is located in similar hilly terrain, it may be concluded, based on the
Carbon Canyon study, that as these private disposal systems deteriorate with
age, similar problems will arise. This will eventually result in contamination
of surface and groundwater entering the northerly areas of Orange County,
La Habra Groundwater Basin
A preliminary investigation was done on water quality in the La Habra ground
water basin which receives groundwater and surface runoff from the La Habra
Heights area east to the Orange (57) Freeway. The natural flow transverses the
City of La Habra and drains back into Los Angeles County along the northwestern
boundary of Orange County. The Orange County Health Care Agency, Environmental
Health Division, Hazardous Materials Management Section was contacted concerning
groundwater quality and information was received that they have a monitoring
program for several water wells in the area, but for hydrocarbons only. The
Regional Water Quality Control Board (Santa Ana Region 8) was also contacted but
could give no specific information on groundwater quality in the area without
further detailed investigation. The City of Brea does not maintain any domestic
water wells in the area and could give no information on water quality. The
-5-
City of La Habra has one domestic well in the area and maintains a water quality
monitoring program including testing for nitrates. (This basin is not part of
the Orange County groundwater basin or within the Orange County Water District.)
Most of the septage would be tributary to the La Habra groundwater basin and not
enter the large Orange County groundwater basin.
EHG/EC91:SR6
Attachments
-.
ONK,
C ITY of
May 20, 1991
Mr. Thomas M. Dawes
Director of Engineering
Orange County Sanitation District
P. 0. Box 8127
Fountain Valley, CA. 92728-8127
CIVIC CENTER
P.O. BOX 337
201 E. LA HABRA BLVD.
LA HABRA, CALIFORNIA 90633-0337
(213) 905.9700
Subject: An Agreement for Connecting La Habra Heights
Sewer Line to City of La Habra Sewer System
Dear Mr. Dawes:
Our neighboring City of La Habra Heights in Los Angeles County is
requesting allowing a 17 lot subdivision/development to connect to
the City of Is Habra sewer system.
Enclosed for your review and comments is a Draft Agreement that considers:
The connection of a sewer line crossing the County line, and enabling
La Habra Heights to accommodate additional sewer capacities in the future.
If you have any questions concerning this Draft Agreement, please call
Majdi Ataya at (213) 905-9720. Thank you.
Sincerely,
Robert L. Buonodono
City Engineer
By
Majdi Ataya
Associate City Engineer
eAdmw#1
/Wft�
COUNTY SANITATION DISTRICTS
October 8, 1992
MEMORANDUM
TO: Evelyn Hart, Vice Joint Chairman
A. B. Catlin, Past Joint Chairman
Don R. Griffin, Past Joint Chairman
John Collins, Chairman Pro Tem, District 2
SUBJECT: Ad Hoc Committee re Service to Outside Areas
of ORANGE COUNTY, CALIFORNIA
10844 ELLIS AVENUE
P.O. BOX B127
FOUNTAIN VALLEY, CALIFORNIA 9272E-8127
(7141962-2411
You will recall that some time ago the Districts received a request from a
developer to accept sewage from a proposed development in the City of La Habra
Heights, adjacent to, but outside of, the northerly boundary of District No. 3.
Because of the Districts' current policy of not accepting wastewater from
outside the Districts' currently approved service area, and because of the
discussions then underway between the Districts and the City of Fountain Valley
to resolve the CUP issue, the matter was placed on hold pending settlement of
the dispute between the Districts and the City of Fountain Valley; although we
did bring it to the City's attention during our discussions.
Now that an understanding and agreement has been reached with the City, I am
forming an Ad Hoc Committee to review the issue of providing sewerage service to
areas outside the Districts' current service boundaries and to prepare a
recommendation to the Executive Committee. I am asking that each of you join me
as members of that committee. I have tentatively scheduled the first meeting
for Thursday, October 22nd at 5:30 p.m., at the Districts' Administrative
Offices. A staff report and additional backup information will be provided
under separate cover to the Committee.
iam D. Mahoney
Joint Chairman
WDM:sc
cc: Wayne Sylvester, General Manager
Tom Dawes, Director of Engineering
G,,-R`i to Brown, Board Secretary
Tom Woodruff, General Counsel
COUNTY SANITATION DISTRICTS
of ORANGE COUNTY, CALIFORNIA
October 16, 1991
STAFF REPORT
Analysis of Drainage Areas in Los Angeles
and San Bernardino Counties Tributary to
Westerly and Northerly Portions
of the County Sanitation Districts
of Orange County
Background
106" ELLIS AVENUE
P.O. BOX 8127
FOUNTAIN VALLEY, CALIFORNIA 9272E-8127
p 14)962-2411
In July 1991, a request to accept sewage from 17 new homes, proposed to be
constructed in the City of La Habra Heights adjacent to the northerly District
No. 3 boundary, was received by the Executive Committee. However, in
accordance with a policy resolution adopted by the Boards of Directors in 1985,
sewage can not be accepted since it would be an expansion of the Districts
service area.
However, the Directors noted that if this development were constructed with
onsite sewage disposal systems (septic tanks), Orange County groundwater basin
could be impacted.
Staff was therefore directed to prepare a report on the possible ultimate
expansion of the Districts service area to determine if protection of the
groundwater basin warranted waiver of the 1985 policy resolution to expand the
boundary to include tributary drainage areas.
Summary
In summary, the areas which are tributary to (i.e., naturally drain into), but
outside of, the County Sanitation Districts' service area (or could logically be
sewered by) the County Sanitation Districts is as follows:
Area Flow
Los Angeles County 6,700 Acres 1,080,000 GPD
San Bernardino County 6,000 Acres 560,000 GPD
Existing Agreements for Accepting Wastewater from Outside Districts Boundaries
The Sanitation Districts provide sewer service for immediately adjacent areas
not within the Districts boundaries under separate sewer service agreements, as
shown on the attached map. In the past, County Sanitation District No. 3
(CSD 3) entered into agreements with Los Angeles County Sanitation Districts
(LACSD) Nos. 18 and 19, the Sandlewood Sewer Maintenance District, the community
of Sunset Beach and the Seal Beach Naval Weapons Station and the Joint Districts
have an agreement with the Santa Ana Watershed Project Authority (SAWPA) to
accept wastewater from the upper Santa Ana River Basin to serve areas tributary
to CSD 3, but not within the District.
The areas within Los Angeles County are part of a flow exchange to serve
development primarily adjacent to Coyote Creek, along the county's westerly
boundary where Coyote Creek cuts diagonally across the westerly Orange County
boundary. These agreements, approved in 1960, eliminated the need for pump
stations and siphons for both CSD 3 and LACSD Nos. 18 and 19. CSD 3 receives
about 900,000 gallons per day (GPD) from Los Angeles County, and Los Angeles
County receives about 700,000 GPD from CSD 3 under these agreements.
The Sandlewood Sewer Maintenance District serves a small tract on the northerly
boundary for which sewer service has been provided since 1967. Since 1971,
CSD 3 has provided sewer service for the Sunset Beach community. By separate
agreement flow is also received from the Naval Weapons Station. Sunset Beach
and the Naval Weapons Station are "islands" within the District.
County Sanitation District No. 2 (CSD 2) and the Joint Boards entered into
agreements with SAWPA in the early 1970's to receive up to 30 million gallons
per day (MGD) of brine water originating in San Bernardino and Riverside
Counties in a program to help protect Orange County's groundwater basin from
contamination.
Boards' Policy Re Against Expansion of Service Area
With the formation of County Sanitation District No. 14 (CSD 14) to serve the
Irvine area, the City of Fountain Valley became concerned that continued
annexations or execution of sewer service agreements would require undue
expansion of the Fountain Valley reclamation facilities, with resulting impacts
on the City. In response, the Joint Boards of Directors adopted a resolution
(copy attached) on December 11, 1985, fixing the Districts' service area as the
then existing boundaries and/or spheres of influence. There have been no
exceptions to that resolution to date.
Discussinn
Recently the Directors received a request (see attached letter) to sewer 17
residential lots immediately north of CSD 3 boundary in the City of La Habra
Heights within Los Angeles County. In response to this request, the Executive
Committee directed staff to prepare a report to determine the maximum area
outside the 1985 adopted boundaries which could be sewered by gravity flow and
if it would result in a benefit to the Orange County groundwater basin by
elimination of in -ground wastewater disposal systems (septic tanks). Most of
the area is not tributary to Orange County's large groundwater basin, but to the
smaller La Habra groundwater basin.
Staff has identified areas in both Los Angeles County, including the Cities of
La Habra Heights and Diamond Bar and unincorporated areas, and San Bernardino
County, primarily from the Chino Hills area tributary to CSD's 2, 3 and 13.
Information was obtained from city and county agencies showing the following:
Current city/county/district boundaries
Tributary drainage areas
Land use, zoning and annexations
Proposed future development and master plans
Feasibility studies
Existing major trunk sewer lines
Existing local sewer lines
-2-
Average daily flows were calculated based on 270 gallons per day per dwelling
unit.
City of La Habra Heights
The City of La Habra Heights was incorporated in 1978 and encompasses an area of
hilly terrain north of the City of La Habra in Orange County. The southeasterly
portion of the city lies within a tributary drainage area that flows into the
service area covered by CSD 3. Sewage collection and disposal is presently
provided regionally by the LACSD and locally by the Los Angeles County
Department of Public Works. LACSD No. 18 operates and maintains an 8-inch sewer
which serves some existing development in the southwest section of the city.
There are no new trunk or interceptor lines planned for the city in the near
future. The City of La Habra Heights presently contracts with the Los Angeles
County Department of Public Works for operation and maintenance of the local
collector system. Within city boundaries there have been a number of
annexations to LACSD No. 18 which make provision for sewer service to each of
these developments. Three other annexations are in the planning stage. The
remainder of existing development within the city is low density residential and
connected to individual septic systems.
Summary of La Habra Heights
City Land Area Tributary to CSD
Maximum
Development Area Zoning Expected Flow
Developed/Undeveloped
719
Acres
R-A-1
194,130
GPD
Developed/Undeveloped
61
Acres
R-A-20,000
35,870
GPD
Developed/Undeveloped
114
Acres
R-A-40,000
33,519
GPD
City of Diamond Bar
The City of Diamond Bar was incorporated in 1989 and lies north of the City of
Brea and unincorporated areas of Orange County. The southerly portion of the
city is within a tributary drainage area that flows into service areas covered
by CSD 2 and 13. Sewage collection and disposal within the city limits is
presently provided regionally by LACSD No. 21 and locally by the Los Angeles
County Department of Public Works. The City of Diamond Bar presently contracts
with the Los Angeles County Department of Public Works for operation and
maintenance of the local collector system. All sewage from development in the
areas tributary to Orange County is collected through a series of lift stations,
pumped back and collected by LACSD No. 21.
Los Angeles County Unincorporated Area
North of the City of Brea and unincorporated areas of Orange County lies a
tributary drainage area that flows into service areas covered by CSD Nos. 2
and 13. This unincorporated portion of of Los Angeles County is bordered on the
west by the City of La Habra Heights, on the north by the City of Diamond Bar
and on the east by San Bernardino County. There is presently minimal
development and existing zoning is for very low density residential or
-3-
agricultural uses. The principal drainage basins are Brea and Tonner Canyons,
and the Firestone Boy Scout camp occupies a large portion of this unincorporated
area. The only proposed development for this area in the foreseeable future is
a golf course/country club situated within the area occupied by the Firestone
Boy Scout camp.
Summary of L.A. County Land Area Tributary to CSD
Maximum
Development
Area
Zoning
Expected Flow
Undeveloped
1,174
Acres
A-2-1
316,980 GPD
Undeveloped
2,380
Acres
A-2-2
321,300 GPD
Proposed Golf Course/
Country Club
714
Acres
A-2-2
96,390 GPD
Undeveloped
1,574
Acres
A-1-5
84,996 GPD
Chino Hills Area of San Bernardino County
This area is presently unincorporated and is located northeast of the City of
Yorba Linda and the Orange County boundary. Sewage collection and disposal is
provided by Waterworks District No. 8, an agency formed in 1928 and governed by
the San Bernardino County Board of Supervisors. With development of Chino
Hills, this agency was enlarged in 1982 to provide water and sewer service to
the entire Chino Hills Specific Plan Area which includes development in areas
tributary to CSD 13. The Chino Hills Specific Plan incorporates three
"villages" within the Orange County tributary area with proposed low and medium
density residential development. Principal drainage basins are the upper
reaches of Tonner Canyon, Carbon and Soquel Canyons. All existing development
in the tributary area is presently on private septic systems. Two studies have
been prepared on the feasibility of providing sewer service to development in
Carbon Canyon. The latest was completed in November 1990 and recommended
construction of a trunk sewer, force main and two lift stations to pump sewage
back to the Chino Basin Municipal Water District treatment plant facility near
the City of Chino. A previous study and discussions between the parties
revealed that CSD would not accept sewage from development in San Bernardino
County and so none of the flow was proposed to be accommodated by CSD facilities
in the study. The remaining Chino Hills tributary drainage area to the south is
all located within Chino Hills State Park and it is anticipated there would be
no sewage flow from this area into CSD 13.
Summary of San Bernardino County Land Area Tributary to CSD
Maximum
Development
Area
Zoning
Expected
Flow
Carbon Canyon
1,952 Acres
1 DU/2 Acres
259,740
GPD
Soquel Canyon
1,859 Acres
1 DU/3 Acres
201,690
GPD
Tres Hermanos
1,795 Acres
1 DU/5 Acres
96,660
GPD
(Tonner Canyon)
-4-
In December 1988 and January 1989, the San Bernardino County Department of
Environmental Health surveyed the Carbon Canyon area for health hazards due to
excessive failure rates of individual on -site disposal systems. The resulting
report stated that public sewers should be installed for the benefit and health
of the community.
A summary of the survey's findings follows:
Most existing on -site systems are old, poorly maintained, and sited on
soils with limited percolation ability. Lot size is generally inadequate
and most slopes are too steep for septic tank absorption fields to be
practical.
As old systems age further, failures are more frequent and pumping
increases resulting in complaints from residents. These complaints
increased 100% to 200% per year in the three-year period 1986-1988.
Groundwater levels are frequently shallow and locations unpredictable
because of complex geologic structure, making on -site septic systems
difficult to use. On -site systems are impractical in most elevated areas
where there are steep slopes and shallow depths to bedrock. Most soils in
the area are of poor quality and inadequate for on -site systems.
The above report concluded that existing on -site septic systems and absorption
fields were generally inadequate, resulting in the risk of ground and/or surface
water contamination in the Chino Hills area and associated health hazards due to
these systems.
Within the City of La Habra Heights, existing on -site septic systems service
structures on large lots of one acre and greater. These structures and septic
systems are much newer than those in the Carbon Canyon study, with an average
age of 15 years. The city presently requires a percolation test for each
property prior to the owner obtaining a building permit for a new building
needing sewer service. As of this date there has been no formal study performed
in the area investigating on -site septic system failures and on information on
this subject was uncovered for inclusion in this report. However, since the
city is located in similar hilly terrain, it may be concluded, based on the
Carbon Canyon study, that as these private disposal systems deteriorate with
age, similar problems will arise. This will eventually result in contamination
of surface and groundwater entering the northerly areas of Orange County.
La Habra Groundwater Basin
A preliminary investigation was done on water quality in the La Habra ground
water basin which receives groundwater and surface runoff from the La Habra
Heights area east to the Orange (57) freeway. The natural flow transverses the
City of La Habra and drains back into Los Angeles County along the northwestern
boundary of Orange County. The Orange County Health Care Agency, Environmental
Health Division, Hazardous Materials Management Section was contacted concerning
groundwater quality and information was received that they have a monitoring
program for several water wells in the area, but for hydrocarbons only. The
Regional Water Quality Control Board (Santa Ana Region 8) was also contacted but
could give no specific information on groundwater quality in the area without
further detailed investigation. The City of Brea does not maintain any domestic
water wells in the area and could give no information on water quality. The
-5-
City of La Habra has one domestic well in the area and maintains a water quality
monitoring program including testing for nitrates. (This basin is not part of
the Orange County groundwater basin or within the Orange County Water District.)
Most of the septage would be tributary to the La Habra groundwater basin and not
enter the large Orange County groundwater basin.
ENG/EC91:SR6
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BIVH ._
CIVIC CENTER
P.O. BOX 337
201 E. LA HABRA BLVD.
LA HABRA, CALIFORNIA 90633-0337
(213) 905.9700
May 20, 1991
Mr. Thomas M. Dawes
Director of Engineering
Orange County Sanitation District
P. 0. Box 8127
Fountain Valley, CA 92728-8127
Subject: An Agreement for Connecting La Habra Heights
Sewer Line to City of La Habra Sewer System
Dear Mr. Dawes:
Our neighboring City of La Habra Heights in Los Angeles County is
requesting allowing a 17 lot subdivision/development to connect to
the City of La Habra sewer system.
Enclosed for your review and comments is a Draft Agreement that considers:
The connection of a sewer line crossing the County line, and enabling
La Habra Heights to accommodate additional sewer capacities in the future.
If you have any questions concerning this Draft Agreement, please call
Majdi Ataya at (213) 905-9720. Thank you.
Sincerely,
Robert L. Buonodono
City Engineer
By 0(, �ct
Majdi Ataya
Associate City Engineer
BE `171• y BY THECOUNTY SANITATIONDISTRICTS
OF MANGE MCAJ=RNIA
A JOILVE RESO=ON OF THE BOARDS OF DIRECTORS
OF =JNTY SANITATIONDISTRICTS NOS.
• 13 OF ORANGE aXTNTY, CALIFORNIA,ADOPTING
POLICY PERTAINING T• FUTURE AREAS TO 13E SEEMM
BY THE COUNTY SANITATIONDISTRICTS OF ORANGE
CaRUY, CALIFORNIA
* * * * * * * * * * * *
WHEREAS, County Sanitation Districts of Orange County, California,
("Districts") serve all or part of 23 Cities occupying the area more
particularly shown on the map attached hereto as Exhibit "A"; and,
WHEREAS, the Districts provide wastewater collection, treatment and
disposal services for the central and northwestern area of Orange County, and
for certain areas outside of the Districts boundaries pursuant to service
agreements; and,
WHEREAS, concern has been expressed to the Districts that if the Districts'
service areas were to be further expanded by annexation or service agreement, it
may impair the ability of the Districts to provide adequate service to areas
presently within their jurisdiction; and,
WHEREAS, concern has been expressed to the Districts over the potential
impacts on area in the vicinity of their treatment plant facilities, if said
facilities could need to be expanded to accommodate growth due to annexations of
territory or providing service by agreement for areas outside of the present
jurisdiction or approved spheres of influence of the Districts; and,
WHEREAS, the Boards of Directors have determined, based on studies, that
the adopted Master Plans for each District and the Joint Works are compatible
with and can acccamodate those areas presently within the Districts' spheres of
influence and within the areas of existing service agreements for properties
outside their jurisdiction.
NOW, THEREFORE, the Boards of Directors of County Sanitation Districts Nos.
1, 2, 3, 5, 6, 7, 11 and 13 of Orange County, California,
Section 1: That the Districts adopt, as their policy, that they will not
approve additional annexations of territory nor approve any service agreenrent,
except for territory presently included in the individual Districts' adopted
spheres of influence or which is entitled to receive service pursuant to
existing service agreements.
PASSED AND ADOPTED at a regular meeting held December 11, 1985.
Executive Committee Report
July 24, 1991
Following considerable discussion, the Committee continued the matter and
asked for additional information from the General Counsel's office.
4) Amending Petty Cash Authorization.
The Boards have previously established a petty cash policy. The petty cash
fund is used for small purchases of services and supplies, making change, paying
legal filing fees, advancing funds for travel in connection with employee
training and other meetings, equipment rental, COD freight -in, prepaid freight
out, and similar items.
Staff reported that the Boards last adjusted the petty cash authorization
in 1981 when the limit was established at $4,000. Since then, inflation and the
increased need to utilize petty cash funds necessitates an adjustment in the
authorized maximum amount. Staff is recommending that the petty cash
authorization be amended to establish the limit at $15,000.
Recommendation: The Executive Committee recommends that the petty cash
limit be increased to $15,000.
5) Request for Exception to Boards' Polic
S.
to Future Ares
In 1985, in response to concerns expressed by the City of Fountain Valley
over the potential extension of the Districts' service area boundaries, which
might trigger the need to further expand Plant No. 1 beyond what might otherwise
be envisioned, the Boards adopted a policy limiting sewerage service to those
areas within the then -adopted sphere of influence of the Districts and territory
then served under contract.
The staff reported that it had been approached by representatives of
interests proposing that a development in the City of La Habra Heights in
Los Angeles County be provided sewerage service by the Sanitation Districts via
a proposed connection to the City of La Habra sewer system. The alternative is
an expensive system to pump the wastewater into Los Angeles County's sewerage
system or the use of septic tanks. Staff reported that they advised them that
we are unable to provide the requested sewerage service because of the Boards'
policy. The enclosed (gray) letter from Michael Kiner Associates was
subsequently received, essentially requesting that the Boards consider their
request for an exemption from the policy. No exemptions have been allowed to
date.
The Committee discussed the matter at considerable length during which
staff reviewed existing agreements for accommodating exchange of wastewater
flows between Orange County and Los Angeles County for engineering reasons.
Committee members expressed concern that the current policy might preclude
similar accommodations in the future that would help protect groundwater
supplies.
(3 of 5)
Executive Committee Report
July 24, 1991
The Committee authorized and directed staff to conduct a study of the
potential sewerage service exchange areas and wastewater volumes that could be
affected by the existing policy and to report back to the Committee.
6) City of Fountain Valley Co
Permit for Plant No. 1
s.
At its June meeting, the Committee discussed the issue of whether
conditional use permits can be required by the City of Fountain Valley for
expansion of treatment facilities at Plant No. 1. It is the position of the
City that their zoning ordinance applies to the Districts and that its provision
requiring a conditional use permit can be enforced. It is the Districts'
position that they are not subject to the conditional use permit requirements
because they are a regional governmental authority providing sewerage service to
all cities in metropolitan Orange County, thus transcending Fountain Valley's
authority.
In June, the Committee directed then -Joint Chairman Catlin and Vice Joint
Chairman Mahoney to meet with Fountain Valley Mayor Scott and Councilmember/
Director Collins to see if the issue could be resolved. That meeting took place
on July 1 and the City Council and the Districts' Board leadership referred the
matter to their respective staffs to attempt to see if something can be worked
out.
The Committee reviewed the enclosed (green) Status Report on Negotiations
with the City of Fountain Valley Re Conditional Use Permit Issue, including the
attached General Counsel's Memorandum of June 18, 1991, and the City Attorney's
Memorandum of July 17, 1991; and the enclosed (white) City of Fountain Valley
Memorandum dated July 24, 1991. Also enclosed (gold) is a July 24, 1991
memorandum from the Districts' General Counsel Re the Fountain Valley Zoning
Issue.
Following a general discussion of the issue the staff was authorized and
directed to continue to attempt to work out an agreement with the City's staff
for consideration by the Directors. Joint Chairman Mahoney appointed an ad hoc
Committee of himself, Vice Joint Chairman Hart and Past Joint Chairmen Catlin
and Griffin to advise the staff on the issue.
7) Governor's Office of Planning and Research Growth Management Council
nupstinnnaire Hparinnc_
Staff reported that it had enclosed for the Committee Members' information
a notice (stone) concerning Governor Wilson's Executive Order Creating the
Governor's Interagency Council on Growth Management, along with a Growth
Management Council questionnaire and schedule of hearings. The Counsil's charge
is to formulate growth management recommendations (ie, regional government) to
the Governor by year end.
(4 of 5)
Executive Committee Report
July 24, 1991
The Committee authorized and directed staff to conduct a study of the
potential sewerage service exchange areas and wastewater volumes that could be
ffected by the existing policy and to report back to the Committee.
6) City of Fountain Valley Conditional Use Permit for Plant
on and imorovemen
At its June meeting, the Committee discussed the issue of whether
conditional use permits can be required by the City of Fountain Valley for
expansion of treatment facilities at Plant No. 1. It is the position of the
City that their zoning ordinance applies to the Districts and that its provision
requiring a conditional use permit can be enforced. It is the Districts'
position that they are not subject to the conditional use permit requirements
because they are a regional governmental authority providing sewerage service to
all cities in metropolitan Orange County, thus transcending Fountain Valley's
authority.
In June, the Committee directed then -Joint Chairman Catlin and Vice Joint
Chairman Mahoney to meet with Fountain Valley Mayor Scott and Councilmember/
Director Collins to see if the issue could be resolved. That meeting took place
on July 1 and the City Council and the Districts' Board leadership referred the
matter to their respective staffs to attempt to see if something can be worked
out.
The Committee reviewed the enclosed (green) Status Report on Negotiations
with the City of Fountain Valley Re Conditional Use Permit Issue, including the
attached General Counsel's Memorandum of June 18, 1991, and the City Attorney's
Memorandum of July 17, 1991; and the enclosed (white) City of Fountain Valley
Memorandum dated July 24, 1991. Also enclosed (gold) is a July 24, 1991
memorandum from the Districts' General Counsel Re the Fountain Valley Zoning
Issue.
Following a general discussion of the issue the staff was authorized and
directed to continue to attempt to work out an agreement with the City's staff
for consideration by the Directors. Joint Chairman Mahoney appointed an ad hoc
Committee of himself, Vice Joint Chairman Hart and Past Joint Chairmen Catlin
and Griffin to advise the staff on the issue.
7) Governor's Office of Planning and Research Growth Management Council
n I Inc 4 i nnne. rn lUen ni nne
Staff reported that it had enclosed for the Committee Members' information
a notice (stone) concerning Governor Wilson's Executive Order Creating the
Governor's Interagency Council on Growth Management, along with a Growth
Management Council questionnaire and schedule of hearings. The Council's charge
is to formulate growth management recommendations (ie, regional government) to
the Governor by year end.
(4 of 5)
Executive Committee Report
July 24, 1991
Following considerable discussion, the Committee continued the matter and
asked for additional information from the General Counsel's office.
4) Amending Petty Cash Authorization.
The Boards have previously established a petty cash policy. The petty cash
fund is used for small purchases of services and supplies, making change, paying
legal filing fees, advancing funds for travel in connection with employee
training and other meetings, equipment rental, COD freight -in, prepaid freight
out, and similar items.
Staff reported that the Boards last adjusted the petty cash authorization
in 1981 when the limit was established at $4,000. Since then, inflation and the
increased need to utilize petty cash funds necessitates an adjustment in the
authorized maximum amount. Staff is recommending that the petty cash
authorization be amended to establish the limit at $15,000.
Recommendation: The Executive Committee recommends that the petty cash
limit be increased to $15,000.
5) Request for Exception to Boards' Policy Pertaining to Future Areas to
In 1985, in response to concerns expressed by the City of Fountain Valley
over the potential extension of the Districts' service area boundaries, which
might trigger the need to further expand Plant No. 1 beyond what might otherwise
be envisioned, the Boards adopted a policy limiting sewerage service to those
areas within the then -adopted sphere of influence of the Districts and territory
then served under contract.
The staff reported that it had been approached by representatives of
interests proposing that a development in the City of La Habra Heights in
Los Angeles County be provided sewerage service by the Sanitation Districts via
a proposed connection to the City of La Habra sewer system. The alternative is
an expensive system to pump the wastewater into Los Angeles County's sewerage
system or the use of septic tanks. Staff reported that they advised them that
we are unable to provide the requested sewerage service because of the Boards'
policy. The enclosed (gray) letter from Michael Kiner Associates was
subsequently received, essentially requesting that the Boards consider their
request for an exemption from the policy. No exemptions have been allowed to
date.
The Committee discussed the matter at considerable length during which
staff reviewed existing agreements for accommodating exchange of wastewater
flows between Orange County and Los Angeles County for engineering reasons.
Committee members expressed concern that the current policy might preclude
similar accommodations in the future that would help protect groundwater
supplies.
(3 of 5)
Micnael I0ner-Associates--
73-625 Hwy.111, Suite G
Palm Desert, CA 92260
619-773-3390
July 2, 1991
Mr, Thomas M. Dawes
Director of Engineering
County Sanitation Districts
of Orange County, California
P.O. Box 8127
Fountain Valley, CA 92728-8127
Re: Tract 46,591 / Los Angeles County
Dear Mr. Dawes:
This letter is a follow up to our telephone conversation of
June la, 1991 regarding the sewerage connection of our project
into the County Sanitation Districts of Orange County.
Our project is located in the City of La Habra Heights. The
southern boundary of the project is also the common city limit
of both La Habra Heights and the City of La Habra. This is
also the common county line between Los Angeles County and
Orange County. I have enclosed a copy of the Tract Map for
Your review.
The project consists of 17 residential lots on 22 acres. The
setting is a natural canyon which falls north to south with an
elevation change of approximately 120 feet.
There is no existing sewerage system within a reasonable
distance in Los Angeles County. The Los Angeles County sewage
connection is up a very steep grade, and would require the
installation of a sewer pump station and the acquisition of
numerous easements through residential properties in order to
PUMP sewage approximately 80 vertical feet.
The existing sewer line in La Habra is located less than 60.
feet from the southern property line of the project. The
natural gravity flow for the sewer connection is to the
existing line in Kirby Drive.
The Mayor of La Habra; John C. Holmberg, and the City Council
agree that a connection into the Kirby Drive sewer would be
the best solution to the problem.
The City Engineer of La Habra, Robert Buonodono also agrees
that a connection into the La Habra sewer system would be the
best solution from an engineering standpoint.
July 2, 1991
Mr. Thomas M. Dawes
Page 2
Mr. Buonodono had a draft agreement prepared outlining the
acceptable terms for the connection into the La Habra system. One
condition was that the residents within our project would pay -a
normal annual service charge equal to 200% of the similar char -a -
paid by residents in the City of La Habra,
Mr. Buonodono agrees with our position that a connection to the
existing sewer line within L.A. County is neither economically
feasible nor the best solution to this problem.
The City Engineer of La Habra Heights, Ron Kramer, is also in
agreement with Mr. Bounodono as to the preferred connection from an
engineering standpoint.
In our telephone conversation, I was impressed with your candor in
agreeing that a connection at Kirby Drive would be the best
solution from an engineering standpoint. However the issue appears
to be not what is the best engineering solution, but rather what is
Politically correct regarding the fact that the sewer line in
question is in Orange County and our project is in Los Angeles
County.
The impact on the existing sewer system in Orange County of a 17
lot tract is negligible. However the environmental impact. of
installing sewer lines through mature residential lots is far
greater-. The use of a sewer pump station is a situation where the
failure of this system could have a serious impact on the
surrounding environment. The majority of the surrounding area
which would be impacted is.in Orange County.
It seems unreasonable that our development would be required to
install up to 1/2 mile of storm drain in Orange County to connect
to an existing facility, but a 60 foot connection to an existing
sewer line would not be allowed.
What makes this condition even more difficult to understand is that
a well planned, carefully executed residential development may
never occur because sewer service is not obtainable. This is even
though a sewer line exists with a natural gravity flow, and two
City Engineers as well as the Diredtor of Engineering for the
County Sanitation District of Orange County all agree that the best
solution to this problem is to tie into the Kirby Drive sewer line.
July 2, 1991
Mr. Thomas M. Dawes
Page 3
We would appreciate the opportunity to meet with your Board members
to discuss our unique situation. We hope to convince_ the necessary
individuals that a connection into the Orange County sewera e
system would be the best solution for all parties. g
I look forward to hearing from you at your earliest convenience.
Sincerely,
• t
Michael Kiner
Protect Manager
MK/kg
cc: R. Lynch
J. Dane, The Keith Companies
R. Bounodono
R. Kranzer
Michael. Kiner Associates
73-625 Hwy.111, Suite G
Palm Desert, CA 92260
619473-3390
July 3, 1991
Mr. Thomas M. Dawes
Director of Engineering
County Sanitation Districts
of Orange .County, California_
P.O. Box 8127
Fountain Valley, CA 92728-8127
Re: Tract 46,591 / Los Angeles County
Dear Mr. Dawes:
Enclosed is the Tract Map referenced in our letter of
July 2, 1991. If you have any questions or comments please
don't hesitate to call.
S cerely,
Michael Kiner
Project Manager
MK/kg
Enclosure
RECEIVED
91 JUL -8 AM l l : 22
COS "ITATIO:i DISTS.
O;: n"',NO CO.
Michael Kiner Associates
73-625 Hwy.111, Suite G
Palm Desert, CA 92260
619-773-3390
July 2, 1991-
Mr. Thomas M. Dawes
Director of Engineering
County Sanitation Districts
of Orange County, California
P.O. Box 8127
Fountain Valley, CA 92728-8127
Re: Tract-46,591 / Los -Angeles County
Dear Mr. Dawes:
This -letter is a follow up to our telephone conversation of
June 10, 1991 regarding the sewerage connection of our project
into the County Sanitation Districts of Orange County.
Our project is located in the City of La Habra Heights. The
southern boundary of the project is also the common city limit
of both La Habra Heights and the City of La Habra. This is
also the common county line between Los Angeles County and
Orange -County. I have encloseda copy of the Tract Map for
your review.
The project consists of 17 residential lots on 22 acres. The
setting is a natural canyon which falls north to south with an
elevation change of approximately 120 feet.
There is no -existing sewerage system within a re-aeonable
distance in Los -Angeles County. The Los Angeles -County -sewage
connection is up a very steep grade, and would require the
installation of a sewer pump station and the acquisition of
numerous easements through residential properties in order to
pump sewage approximately 80 vertical feet.
The existing sewer line in La Habra is located less than 60
feet from the southern property line of the project. The
natural gravity flow for the sewer connection is to the -
existing line in Kirby Drive.
The Mayor of La Habra, John.C. Holmb&r-g., and -the City Council
agree that a connection into -the Kirby Drive sewer would be
the best solution to the prob-10m -- -
The City Engineer of La Habra, Robert Buonodono also agrees
that a connection into the La Habra sewer system would be the
best solution from an engineering standpoint.
'S1Sf0 1,!QllvilN�!S'00
S h :I I RV S-1flr l6
a lAiE038
IN
July 2, 1991
Mr. Thomas M. Dawes
Page 2
Mr. Buonodono had a draft agreement prepared outlining the
acceptable terms for the connection into the La Habra system. One
condition was that the residents within our project would pay a
normal annual service charge equal to 200% of the similar charge
paid by residents in the City of La Habra.
Mr. Buonodono-agrees with our position that a connection to the
existing sewer line within L.A. County is neither economically
feasible nor the best solution to this problem.
The City Engineer of La Habra Heights, Ron Kranaer, is also in
agreement with Mr. Bounodono as to the preferred connection from an
engineering.standpoint.
In our telephone conversation, I was impressed with your candor in
agreeing that a connection at Kirby Drive would be the best
solution from an engineering standpoint. However the issue appears
to be not what is the best engineering solution, but rather what is
politically correct regarding the fact that the sewer line in
question is in Orange County and our project is in Los Angeles
County.
The impact on the existing sewer system in Orange County of a 17
lot tract is negligible. However the environmental impact of
installing sewer lines through mature residential lots is far
greater. The use of a sewer pump station is a situation where the
failure of this system could have a serious impact on the
surrounding environment. The majority of the surrounding area
which would-be impacted is -in Orange -County.
It seems unreasonable that our development would be required to
install up to 1/2 mile of storm drain in Orange County to connect
to an existing facility, but a 60 foot connection to an existing
sewer line would not be allowed.
What makes this condition even more difficult to understand is that
a well planned, carefully executed residential development may
never occur because sewer service is not obtainable. This is even
though a sewer line exists with a natural gravity flow, and two
City Engineers as well as the Director of Engineering for the
County Sanitation District of Orange County all agree that the best
solution to this problem is to tie into the Kirby Drive sewer line.
rz- 7
��2`-
i-• i
Fes" cae�-_-.�Y�.7� � ---. � � 1�r
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eoo1
July 2, 1991
Mr. Thomas M. Dawes
Page 3
We would appreciate the opportunity to meet with your Board members
to discuss our unique situation. We hope to convince the necessary
individuals that a connection into the Grange County sewerage
system would be the best solution for all parties.
I look forward to hearing from you at your earliest convenience.
Sincerely,
A���Z6<w �
Michael Kiner
Project Manager
MK/kg
cc: R. Lynch
J. Dane, The Keith Companies
R. Bounodono
R. Kranzer
C3P�11 TION O
Jr,` 4�•`tio9oliWa Duo $Ir�'A
s
O�gNGE GOON
COUNTY SANITATION DISTRICTS
OF ORANGE COUNTY, CALIFORNIA
P.O. BOX 8127, FOUNTAIN VALLEY, CALIFORNIA 92728-8127
10844 ELLIS, FOUNTAIN VALLEY, CALIFORNIA 92708-7018
(714) 982-2411
May 29, 1991
Robert L. Buonodono
City Engineer
City of La Habra
Civic Center
Post Office Box 337
201 East La Habra Boulevard
La Habra, CA 90633-0337
Subject: Connection of La Habra Heights Sewer to City of
La Habra Sewer System
This is in response to your May 20, 1991 letter wherein you
requested a review of a draft agreement for the connection of
territory outside of the County Sanitation Districts of Orange
County boundary to the Districts' sewerage system.
Unfortunately, a few years ago, the Boards of Directors adopted
a resolution which prohibits the connection of areas not within
the Sanitation Districts' boundaries or sphere of influence.
In accordance with that resolution,
Districts cannot serve the area of
proposing to connect.
Thomas M. Dawes
Director of Engineering
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ENG/CITIES:LH.L1
cc: General Manager
the County Sanitation
La Habra Heights you are
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May 20, 1991
Mr. Thomas M. Dawes
Director of Engineering
Orange County Sanitation District
P. 0. Box 8127
Fountain Valley, CA 92728-8127
CIVIC CENTER
P.O. BOX 337
201 E. LA HABRA BLVD.
LA HABRA, CALIFORNIA 90633.0337
(213) 905.9700
Subject: An Agreement for Connecting La Habra Heights
Sewer Line to City of La Habra Sewer System
Dear Mr. Dawes:
Our neighboring City of La Habra Heights in Los Angeles County is
requesting allowing a 17 lot subdivision/development to connect to
the City of La Habra sewer system.
Enclosed for your review and comments is a Draft Agreement that considers:
The connection of a sewer line crossing the County line, and enabling
La Habra Heights to accommodate additional sewer capacities in the future.
If you have any questions concerning this Draft Agreement, please call
Majdi Ataya at (213) 905-9720. Thank you.
Sincerely,
Robert L. Buonodono
City Engineer]
By
By
Majdi Ataya
Associate City Engineer
9i MAY 22 Ai ! : 1 4
C. S. �.
AGREEMENT
This agreement is made and entered into this day of ,
19910, by and between COUNTY SANITATION DISTRICT NUMBER 3 OF ORANGE
COUNTY, a special district formed and operating pursuant to the
County Sanitation District.'Ac& (Health and Safety Code of 54700 et
seq.) hereinafter referred tb as "DISTRICT," THE CITY OF LA HABRA,
a MUNICIPAL CORPORATION, hereinafter referred to as "LA HABRA"
CITY OF LA HABRA HEIGHTS,'A Municipal Corporation located in the
County of Los Angeles, hereinafter referred to as "LA HABRA
HEIGHTS".
RECITALS
WHEREAS, there are properties in LA HABRA HEIGHTS, developed or
undeveloped, north of the LA HABRA CITY Boundary Line and outside
the Territorial Limits of COUNTY AND LA HABRA. The property is as
shown in Exhibit "A"; and
WHEREAS, the topography and natural barriers in the vicinity of
the Property make connection of the Property to the sewerage
systems of LA HABRA the most economical means of disposing of
wastewater; and
WHEREAS, LA HABRA administers, operates and maintains a local
sewerage system for the conveyance of sewage generated, within
its territorial boundaries; and
WHEREAS, the DISTRICT ministers, operates and maintains a
sewwerage system for the conveyance and treatment of sewage
generated within its territorial boundaries; and
WHEREAS, the sewerage system owned by La Habra is connected to the
DISTRICTS sewerage system; and
WHEREAS, LA HABRA and DISTRICT sewerage systems are of a size and
capacity to serve the needs of territory within their boundaries
and also generated within LA HABRA HEIGHTS or a portion thereof;
and
WHEREAS, in order for the sewerage system of LA HABRA and DISTRICT
to serve the Property in LA HABRA HEIGHTS, it will be necessary to
construct a sewer connecting the Property to LA HABRA'S sewerage
system; and
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WHEREAS, LA HABRA HEIGHTS is prepared
construct a sewer leading from said LA
system owned by LA HABRA; and
at it's own expense, to
HABRA HEIGHTS to the sewer
WHEREAS, the said sewer shall be constructed in accordance with
the plans and specifications approved by the City Engineer of La
HABRA; and
WHEREAS, DISTRICT is authorized by the County Sanitation District
Act to contract for the handling, treatment and disposal of
wastewater originating within or without the DISTRICT 'if in the
judgment of the DISTRICTS Board of Directors, it is for the best
interest of the DISTRICT to do so; and
WHEREAS, it is for LA HABRA'S and the DISTRICTS best interest to
accept wastewater flows from the Property provided LA HABRA and
the DISTRICT is adequately compensated for service rendered and
facilities provided; and
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WHEREAS, LA HABRA and DISTRICT � willing to accept wastewater
into its sewerage systems from the Property on conditions that
would place individual wastewater dischargers within the Property
in a position similar to that of wastewater discharger located
within LA HABRA and the DISTRICT; and
WHEREAS, DISTRICT has adopted a connection fee ordinance which
imposes charges for the privilege of connecting a parcel within
the DISTRICT, directly or'indirectly, to the DISTRICTS sewerage
system or for increasing the strength and/or quantity of
wastewater attributable to a connected parcel; and
WHEREAS, LA HABRA has adopted a connection fee ORDINANCE which
imposes charges for the privilege of connecting a parcel within LA
HABRA, directly or indirectly, to LA HABRA'S sewerage system; and
WHEREAS, LA HABRA and DISTRICT has adopted revenue programs which
establishes a procedure for charging wastewater dischargers the
costs of wastewater conveyances, treatment and disposal;
NOW, THEREFORE, in consideration of the premise and mutual
convenient herein contained, the parties hereto agree as follows:
1. LA HABRA HEIGHTS shall connect the Property to the
sewerage systems of LA HABRA and DISTRICT. The work of
construction necessary effectuating such connection
shall be undertaken in accordance with plans and
specifications approved by the City Engineer of LA HABRA
and the City Engineer of LA HABRA HEIGHTS, and shall be
maintained at all times to the satisfaction of said City
Engineers. The cost for the construction of such sewer
line from the Property to LA HABRA and DISTRICT systems
shall be borne entirely by LA HABRA HEIGHTS.
/AO",
2. The -following charges by each of the government entities
participating in this agreement and the basis for those
charges are set forth below in the following summary.
these fees and charges shall be paid by LA HABRA HEIGHTS
to LA HABRA in accordance with procedures hereafter set
forth:
a. LA HABRA shall charge an annual sewer service
charge equal to Two Hundred Percent (200%) of
normal service charge that an equivalent property
within LA HABRA will be paying.
b. LA HABRA shall charge a one-time connection charge
of $ 63.60 per acre.
C. LA HABRA shall charge'a one-time plan check fee
based upon a percentage of construction costs.
d. LA HABRA shall charge a one-time permit fee as
established by LA HABRA Resolution.
f. LA HABRA shall charge a fee for construction or
reconstruction of any line serving LA HABRA HEIGHTS
based upon a percentage of area of LA HABRA HEIGHTS
being served with sewer service to the area of LA
HABRA.
e. DISTRICT shall charge a one-time connection fee
which shall be equal to the connection fees that
would be payable if the Property were located
within the boundaries of the District.
Other charges may be prescribed from time to time by LA HABRA
and DISTRICT in such amounts as are necessary to adequately
compensate them for the services and facilities provided for
hereby.
3. LA HABRA shall invoice LA HABRA HEIGHTS for all the
aforesaid annual charges by March 1st of each year.
LA HABRA HEIGHTS shall pay the said invoices to LA HABRA
within 30 days. Failure to pay the fees within 60 days
of notification shall entitle LA HABRA to terminate this
agreement.
LA HABRA shall be entitled to collect reasonable
attorney fees should litigation be necessary to collect
said charges.
4. This agreement shall be effective upon execution by the
parties, and shall continue indefinitely and may not be
terminated except as hereinafter provided or upon mutual
consent of*.the parties.
a. LA HABRA or DISTRICT may terminate this agreement
if the sewage discharged from LA HABRA HEIGHTS is
in the opinion of the City Engineer of LA HABRA or
Chief Engineer of the Dpstript detrimental to the
sewerage system of the DISTRICT or LA HABRA; or
b. If LA HABRA HEIGHTS fails to pay within 60 days any
charge specified herein; or
C. If LA HABRA HEIGHTS fails to abide by any other
provision of this agreement required to be
performed by it.
5. This agreement may be terminated by LA HABRA HEIGHTS in
the event a sewer outlet within LA HABRA HEIGHTS becomes
available and economically feasible to utilize with the
discharge of sewage generated in said real property. LA
HABRA HEIGHTS shall provide a sixty (60) day notice to
LA HABRA and DISTRICT prior to date of termination.
6. a. The sewer installed by LA HABRA HEIGHTS from the
first manhole in LA HABRA HEIGHTS to a LA HABRA
sewer shall become a part of the sewerage system
owned, operated and maintained by LA HABRA.
b. It is further understood and agreed that LA HABRA
HEIGHTS shall not acquire any right, title or
interest in the sewerage system either of LA HABRA
or of the DISTRICT other than the right to convey
sewage therein in accordance with the terms and
conditions of this agreement and during the
continuance hereof.
C. Similarly, nothing contained in this agreement
shall vest in LA HABRA HEIGHTS any ownership or
other right, title, or interest in any of the LA
HABRA'S facilities other than the contractual
rights provided for herein.
7. It is expressly understood that this agreement shall
only apply to sewage emanating from the properties shown
in Exhibit "A" and that LA HABRA HEIGHTS shall insure
that no sewage form Properties outside the boundary as
shown on Exhibit "A" shall be discharged into the
sewerage facilities of LA HABRA.
8. LA HABRA HEIGHTS shall be responsible at its own cost
for connecting the sewerage system of LA HABRA HEIGHTS
with .sate- sewerage system of LA HABRA and upon any
termination of this agreement, shall remove any such
connection at its own expense in such fashion as to
leave the LA HABRA systems in the same condition as
before this agreement.
Indemnification for Tort Liability
11. � •
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9. a. LA HABRA and LA HABRA HEIGHTS agree that neither.
DISTRICT, nor any officer, nor employee:thersof
shall be responsible for any damage or.liability
occurring by reason of anything done orl.;omitted-to
be done by LA HABRA or LA HABRA HEIGHTS..under;•or in
connection with this Agreement. It is also-: '
understood and agreed the LA HABRA, and LA HABRA
HEIGHTS shall fully indemnify and hold DISTRICT
harmless from any and all claims, demands, actions,
liability,'or loss which may arise from -or be
incurred as the result of injury or damage to*
persons or property by reason of anything done by
LA HABRA or LA HABRA HEIGHTS under or in connection
with this Agreement.
b. LA HABRA and LA HABRA HEIGHTS hereby waive all
claims and recourse against DISTRICT, its officers,
employees, and agents including the right ofl-.�
contribution for loss or damage to persons or'
property arising from, growing out of or in 'any
way connecting with or related to this Agreement
except claims arising from the negligence of
DISTRICT, its officers, employees, and agents..
C. DISTRICT and LA HABRA'HEIGHTS agree that neither LA.
HABRA nor any officer, nor employee thereof ' shall
be responsible for any damage or liability
occurring by reason of anything done or omitted to
be done by DISTRICT or LA HABRA HEIGHTS under or in
connection with the Agreement. It is also -
understood and agreed that DISTRICT or LA HABRA
HEIGHTS shall fully indemnify and hold LA HABRA
harmless from any and all claims, demands, actions,
liability or loss which arise from or be incurred
as the result of injury or damage to persons or
property by reason of anything done by DISTRICT or
LA HABRA HEIGHTS under or in connection with this
Agreement.
d. DISTRICT and LA HABRA HEIGHTS hereby waive all
claims and recourse against LA HABRA its officers,
employees, and agents including the right of
contribution for loss or damage to persons or*
property arising from, growing out of or in any way
connected with or related to this Agreement except
claims arising from the negligence of LA HABRA, its
officers, employees, and agents.
i
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e. DISTRICT and LA HABRA'agree that neither -LA HABRA
HEIGHTS nor any officer, nor employee'thereof,shall
be responsible for any damage or liability,
occurring by reason of anything done or omitted to
be done by DISTRICT or LA HABRA under or in'.,
connection with this Agreement. It is also
understood and agreed that DISTRICT or LA HABRA
shall fully indemnify and hold LA HABRA HEIGHTS
harmless from any and all claims, demands, actions,
liability, or loss which may arise from or.be
incurred as a result of injury or.damage to persons
or property by reason of anything done by DISTRICT
or LA HABRA under or in connection with this
Agreement. f
f. DISTRICT and LA HABRA whereby waive all claims and
recourse against LA HABRA HEIGHTS, its officers,
employees, and agents including the right of
contribution for loss or damage to persons or
property arising from, growing out of or in any way
connected with or related to this Agreement except
arising from the negligence of LA HABRAOHEIGHTS,
its officers, employees, and agents.
g. As between public entitles above defined, the
foregoing indemnification agreement is made ••
pursuant to Government Code Section 895.4.
NOTICE ,
10. Any notice or communication required to be give under this
agreement shall be effective when deposited, postage prepaid,
•' with the United States Post OFFICE and addressed to.the
parties as follows:
Coul*y Sanitation District No. 3 of ORANGE
108// Ellis Avenue
Post Office Box 8127
Fountain Valley, California 92728- '9127
AIM-AMiOASI -Pd2EC-'GR- OF L--A/4/A/6GPEAG
City of La Habra Heights
1271 North Hacienda Blvd.
La Habra Heights, California 90631
Attention City Engineer
City of La Habra
201 East La Habra Boulevard
Post Office Box 337
La Habra, California 90633-0337
Attention City Engineer
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IN WITNESS WHEREOF
the CITY OF LA HABRA HEIGHTS of ' Los ,*:
Angeles County, the
COUNTY SANITATION DISTRICT NUMBER 3'of
Orange County, and
the CITY OF LA HABRA of Orange.;County,
hereby cause this agreement
to be executed and agree;,to.be
bound by the terms
and conditions set forth herein.' -'1 � ....`,. '
'
G O cItJT % 341,J)1AT on/ 01 3
` APPROVED AS TO FORM
UNEP'YnOF ORANGE C O u;q.r
State of California '
-.BY:
BY:
ATTEST:
BY:
Deputy
APPROVED AS TO FORM
BY:
ATTEST:
BY
City Clerk
APPROVED AS TO FORM
BY:
Attorney
ATTEST:
BY:
. City Clerk
BY:
CITY of LA HABRA
Orange County, State of
California
M 4 /0 /L
CITY OF LA HABRA HEIGHTS
Los Angeles County,
California
BY:
Mayor