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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. 4 W ne yl ster Gen �l Man er JWS:jt eng\committe\ 111793.adh cc: Board Secretary General Counsel ,A"%\ 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. TMD:jt B /ALA0 0 BUENA 0 0 LA PARK 4-0 LM 10 PALMA ANAL soo CYPRESS I L S OS STANTON ITOS LMOITOS L WESTMINSTER F;ll PACIFIC OCEAN MIDWAY CITY FOUNT, VALLI LOS ANGELES COUNTY LA �7 qA vi GARDEN GROVE MESA" YORBA PLACENTIA LINDA VILLA 46 PARK ORANGE IRVINE NEWPORT BEACH COUNTY SANITATION DISTRICTS OF ORANGE COUNTY, CALIFORNIA 1989 0 / 1 v PROJECT SITE u N 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 JWS:jt wpdocbrp\commlflabho-183.,pt 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. lahabra.res LOS I ANGELES I��IIIIIII��I 1 _ -=--� Bill IM ■Illl A N G E L E S / r D O 1 j- x LOWER SANTA ANA RIVER LONG BEACH FKWTINGTON BEACH �C NEWPORT spak 14 SAN ANTONIO DAM t S� o S � aoilloNu erx eeelllo; CaLRW L !i 1 STREET DRAIN \ 1\ RIVERSIDE r �fr �r •�. Ii .EII in..• t SERNARDINO �IVIf�� t e... 1 1 COUNTY -� SEVEN �� OAKS DAM i COUNTY .` LaAe Ilnnef ' �\l LEGEND C.S.D.O.C. SERVICE AREA S.A.W.P.A. CONTRACT AREA 30 MGD MAXIMUM CAPACITY EXHIBIT W RESOLUTION 140. 93— SERVICE AREA COUNTY SANITATION DISTRICTS OF ORANGE COUNTY SANDALWOOD MAINTENANCE District serviced by orange county Sanitation District No. 3 San Bernardino County ,c� Riverside Count y u° „ 13 rjj a \ 7d AL) °\�/gCleveland National Forest CITY EI LA H R..: I HEIGHTS �_ � J �t ti 14� ' 7 t t csDoc 14 0 \. 1 ` SERRA `\, ^ A c\\ ��,?\/�.� !1 AWMA \ 1 \ � 1 1 6 I O C e a n P a c i f i s LEGEND 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- I , � Ptt%TAT10jV 2�J 6• opol[Wn pf ��iS'A 0 oRgJVGE COO 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. lahabra.res 0 UJ `u U•--� �1 e � r Q 0 41♦ •v Up S m m i D Ir CO ui co �— > `° _N z uj O , Q0Q Z `, Lu uj 1— � F z CC Z yy0 1 H LL , m z 0 m O T \ I % cr) m r U > r D r 1 ,- �` r L— T i — \/CD o \ /, r p C C _ „� N N /. a C i 3Y3z° °00 a I /mom co ` C Sp / Ji ma o"1 J o SH °c diuno 601BguS'd i • E D y v u .02 =a 0 c a x Z �= m° m 0 OW C O p� m >x 7 m O c u 0 Q 8 06 0 M 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. ¢ uJ �U n. uJ U_ U ¢� C ZX A Z uL, (A O¢ U� 0.1 u U ¢C LU p c U U cn o � o `k• <' \ 7 - s y i y h w � to J EXHIBIT "A" TO RESO. NO. 85-207 G �N11 10,V �,,uPclilun o. 0 00 N p S+nc� 195� ggNCE coy 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 /dabN P°k1 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 /`95N 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 14o� ?Kokk 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 r 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 �4 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 TLW : p j (BS) R:07/ 12/93 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 fdm1 /^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 r 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 I ?P"N 0 M RIF 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 r 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 TLW:pj(B5)R:07/ 12/93 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? � M JWS:sc Enclosures cc: Charles E. Puckett, Vice Joint Chairman Thomas L. Woodruff, General Counsel Board Secretary, wpdoc\gm\edh oc. N\noti ceO8.18 1001� R LAW OFFICES OF 60 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 10� /''^+ i 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. TLW:pj(B%R:07/12193 2 /4� /O%N, 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 ?Oft1 lalk1 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 TLW:pj(BS)R:C 7/12/93 5 �1 /AMN 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. TLw:pj(B5)R:(7/12/93 N. r4oftL /d'+, 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. TL%%1:pj(B5)R:07/12/93 9 /°mk� 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. TLW;vA5)1t;07/12/93 1 I 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. TLW:P1(B5)R:07/12/93 12 �Ma 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 Attachments IM OEAC. SUB—RUNK ; BLVD OEREtPEF INTERCI PTOR -- Fn i i m z C. n < I ITT KN M _; WtSTI RN \ 0 0 0 D C Z Z /nn_ i , L� n O � m N m n 0 y 0 Z o m MA NC c D GILBE NI _0l n — 0 Z r_ v 0 �. m _Z 4 D cn I SOUTH OKI ig 4(0 s V V{)ll0{1{ o D D LIEF SU9-TRWI r' 'q @ d 3• 3' d 0 @ �• g• 0 r k _ INT PTQl it. = \� Q Q Q C C .iv,� - -. W4l NEP £�1_ D Si 1 3 TRUNK ST i n : Ci , Q 7 3 P•f :i m o . s -Ni > I r m m m�: 3 ._�•f• rz _ �n AVE I <7 (n fA '1 1 ORAN AVE _ _ O U) �• 0 0 0 WEST IN! O' a W '. eAVH _ a m m �• W _Q U) S A T 4 N L j u ✓9c �. BLVO Err r-. 1 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 5� � 1 �^_. — _ - -H� 3cr Apr _ 77 2c - �_ .� =ems• - � .S�a��� �� z _�� 7s _ Y r _ ram's 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 TMD:jt ENG/CITIES:LH.L1 cc: General Manager the County Sanitation La Habra Heights you are .. IL' 01 a � LA HABRA a ah I All A AB CRY C I TY of A 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 • P®1 fi°�'1 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 ahs� 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. � • iii�S c. �17 +J '�t��1. e�,jl •�: •1: I�t '•.�11« 1 EI 1 l .� t '..F'ts.l.�;�t 01 ;i Arpt1{ 1,1`` t •• ;1'�'j�'• d j�•.i i.•.`,� 1 '. .1 ,4�•Y��1 {,; M, ,.'j �:II ICI': ��'' '`,,' •y'i 1111.n14 �1, � :i 1•fit i' i .,� . 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 r ' r 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 y •, ,� j, •� ,I i It y , 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