HomeMy WebLinkAboutC-718 - Sewage Transmission (See Contract 2100)6
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TO: CITY COUNCIL
FROM: Utilities Director
SUBJECT: CONTRACT WITH COSTA MESA SANITARY DISTRICT
RECOMMENDATION:
June 20, 1979
CITY COUNCIL AGENDA
ITEM NO. H -2(o)
Approve the subject contract between the City of Newport Beach
and the Costa Mesa Sanitary District.
DISCUSSION:
In 1961, the City entered into an agreement with the Costa
Mesa Sanitary District (CMSD) to use the Districts transmission facili-
ties to convey sewage to the treatment plant from portions of the West
Bluff area. At the time, an engineering study indicated 2 possible
methods of transporting the sewage. A permanent sewer pump station
could have been constructed and the sewage pumped through a force
main into the City of Newport Beach's collection system, or the
sewerage could have been put into the CMSD system at Irvine and 22nd
Street. Since the cost of constructing and maintaining a separate
sewer pump station was shown to be high in relation to the small area
being served, the City requested the CMSD to allow the joint use of
their transmission lines. In January of 1961 an agreement was signed
with the CMSD. The agreement provided that the City would pay $6.00
per year for each residential lot using District facilities. The agree-
ment also provided for an adjustment in the fee based on any increase
or decrease in costs to the CMSD. The total cost to the City is $972
per year ($6 x 162 lots = $972). See Area A on Exhibit "A ".
Since the execution of the original agreement the following
events have occured:
1. In May of 1962 the property at the Northeast corner of
Irvine Avenue and University Drive was developed and a 2nd agreement was
signed. The total cost to the City for this agreement is $198 per year
($6 x 33 lots = $198). See Area B on Exhibit "A ".
2. In 1966 the Y.M.C.A. site was developed. There appears to
be no record of an agreement covering this property. See Area D on
Exhibit "A ".
6
CITY COUNCIL AGENDA
ITEM NO.
PAGE 2
3. In September of 1971 the Harbor Christian Church was built
and a 3rd agreement was signed. The total cost to the City for this
agreement is $20 per year with a 5 percent per year increase. See
Area C on Exhibit "A ".
4. Recently a Use Permit was granted by the City Council
for the development of offices on the "Deane Parcel" along University
Drive. One of the conditions of approval was that a satisfactory agreement
be worked out with the CMSD for use of their facilities. See Area E
on Exhibit "A ".
A proposed agreement has been worked out with the CMSD that
provides for the following:
1. The agreement is applicable only for residential, office,
institutional, and professional developments, and not industrial or
retail commercial developments.
2. The three existing agreements would be rescinded.
3. Before making any new connections to facilities owned
and operated by the CMSD the applicant would first obtain a permit from
the CMSD and comply with Ordinance No. 6 of the District. (Ordinance
No. 6 requires a connection charge of $7.50 per plumbing unit for any
new construction or replacement building.)
4. The City agrees to maintain portions of City's system
to the point where City's facilities connect to District's facilities.
5. The City will pay an annual service fee of $11.25 per
single family residence and $11.25 per 20 fixture units or fraction
thereof for developments other than single family. The price may be
adjusted annually in accordance with the U.S. Department of Labor,
C.P.I. for all urban consumers for the Los Angeles -Long Beach average
(1967 =100).
6. The agreement will be for 20 years and may be terminated
sooner by either party giving a 180 day notice in writing.
Attachment
evlin
irector
MESA DR.
-4
22 ND ST.
Legend
Areas of C.N.B. outside CMS.D
but �k.&D.
served by C.N.B. with
providing transmission main capacity
BRISTOL
Areas of C.N.B. within C.M.S.D.
and served by C.M.S.D.
MESA DR.
-4
22 ND ST.
0
P.W.M. EXHIBIT 'A'
a)
0
P.W.M. EXHIBIT 'A'
RESOLUTION NO. q_,9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN
THE CITY OF NEWPORT BEACH AND COSTA MESA
SANITARY DISTRICT
WHEREAS, there has been presented to the City
Council of the City of Newport Beach a certain agreement
between the City of Newport Beach and Costa Mesa Sanitary
District in connection with the District's providing sewage
services to the City of Newport Beach; and
WHEREAS, the City Council has reviewed the terms and
conditions of said agreement and finds them to be satisfactory
and that it would be in the best interest of the City to
execute said agreement,
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Newport. Beach that the agreement above described
is approved, and the Mayor and City Clerk are hereby authorized
and directed to execute the same on behalf of the City of
Newport Beach.
ADOPTED this 25th day of June
ATTEST:
City Clerk
, 1979.
kb
6/20/79
i
WWC,mec
1/12/61
CONTRACT FOR CONVEYING SEWAGE
THIS CONTRACT, made and entered into this rqi day of
January, 1961, between the CITY OF NEWPORT BEACH, a municipal cor-
poration, hereinafter referred to as "City ", and COSTA MESA SANITARY
DISTRICT OF ORANGE COUNTY, CALIFORNIA, a sanitary district organized
under the Sanitary District Act of 1923, hereinafter referred to as
"District ";
WITNESSETH-
WHEREAS, the District has a sewer line along Irvine Avenue
from 23rd Street southerly to 21st Street with capacity adequate to
serve all that area of District which is now or may hereafter be
served by said sewer line plus capacity adequate to serve the area
of land within City which District hereinafter agrees shall be
served by said line; and
WHEREAS, District maintains a pump station and other facil-
ities of adequate capacity to collect and transport all the sewage
to be collected from said area of District and said area of City from
said District line to the Orange County Sanitation District lines;
and
WHEREAS, said area of City is proposed to be subdivided
into approximately 162 residential lots all of which could be served
by the District sewer line on Irvine Avenue and by the facilities of
District used for transporting sewage to County Sanitation District
lines; and
WHEREAS, in the judgment of the Board of District and the
City Council of City, it is in the best interests of District and
City and will result in a saving to the taxpayers of both agencies
for the parties hereto to provide under the terms and conditions
herein set forth for the District to receive the sewage from said
area of the City in the District line along Irvine Avenue at the
intersection of Irvine Avenue and 22nd Street, and transport the
same to County Sanitation District lines;
NOW, THEREFORE, in consideration of the payments herein
provided and the several obligaPi.ons hereof., the parties agree::
l.. ConveX.�ncegof Sewage by Diss.r%ct
District agrees to receive and convey to County Sanitation
Distrito lines, or to the lines of any agency which succeeds the
County Sani.tation,District. or Districts during the term of this con-
tract, all sewage delivered to its sewer line along Irvine Avenue
at the intersection of Irvine Avenue and 22nd Street from the area
of the.Ci.ty outlined in red on the map marked Exhibit "A" which is
attached hereto and is hereby adopted and made a part hereof by
this reference.
2. Term.
The term of this contract shall begin on the date of exe-
cution and end on December 319 1985, provided, however, that if
the City submits the question of whether this contract should be
approved with a term ending December 31, 2010, to the qualified
voters of City at any general or special municipal election in
calendar year 1961 or 1962 and a majority of the qualified electors
voting on such question votes in favor of approving the longer term,
then the term shall end on December 318 20100
3. Construction of Facilities,
City shall construct or cause to be constructed by the
subdivider of said area of City, at no cost to District, all sewer
lines necessary to deliver sewage from this area of City to
District's line at the intersection of Irvine Avenue and 22nd Street.
City shall also construct or cause to be constructed as aforesaid
any additions or appurtenances to District's facilities at the point
the sewage is delivered to said line necessary to receive the sewage
in said line from said area ^af City,.
The construction of such additions or appurtenances to
District facilities shall be done in accordance with plans and
specifications approved by District and shall be completed to the
satisfaction of the Board of District,,
2,
4� Maintenance of District Line and Facilities.
District shall maintain its sewer line along Irvine Avenue,
the appurtenances to the line at 22nd Street where the sewage from
this area of City is taken into its line, and all other facilities
used to convey said sewage to the Sanitation District lines,
5� Maintenance Yof_ City Line and Facilities.
City :shall maintain its mains in that area of City from
which sewage is being received by District up to the point: where the
City main connects to the District main at 22nd Street and Irvine
Avenue.
6.. Pay_me .�_Rf Fees =to District.
City agrees to pay District as provided in this paragraph
a fee for each lot shown upon the final recorded subdivision map or
maps of said area of City for each year or portion of a year during
which the City sewer line is connected to the District's line at 22nd
Street and Irvine Avenue. During the month of December,. 1951, and
during the month of December each year thereafter until the second
year following the year in which a final subdivision map is recorded
subdividing all this area of the City not theretofore subdivided,
the City shall prepare and transmit a written report to District
indicating the number of lots within said area on which a building
or buildings existed with plumbing facilities connected to the City
sewer line which flows into the District sewer line at 22nd Street
and Irvine Avenue at any time during such year. Such report shall
be accompanied by payment equal to the number of said lots multiplied
by the fee per lot applicable for the year for which such report and
payment are made,
During the month of December of the third year following
the year in which a final subdivision map is recorded subdividing
all this area of the City not theretofore subdivided, and during the
month of December of each year thereafter during the term hereof,
the City shall pay District a sum equal to the number of lots within
this area of the City shown on the final, subdivision map or maps
3�
multiplied by the applicable fee per lot whether or not a building
or. buildings exist on such lots.
The fee per lot for the year 1961 and for each year there-
after until changed pursuant to the terms of this contract shall be
$6,000
7� Increase or Decrease of Fees.
The parties agree that the cost of performance of this
contract by District may increase or decrease during the term hereof
by reason of an increase or decrease in costs of power, labor or
administration and that the fees to be paid to District by City should
be increased or decreased as hereinafter provided generally in accord-
ance with such increase or decrease in said costs,
During the third quarter of the calendar year 1965 and
during the third quarter of each succeeding fifth year of the term
of this contract, either party hereto may request an increase or
decrease in the fee per lot to be applicable during the next suc-
ceeding five -year period of the term, Any such request shall be
based upon an increase or decrease in the District costs of power,
labor, or administration, If the parties agree upon the fee per
lot to apply to the next succeeding five -year period of the term,
the fee per lot so agreed upon shall be paid by City to District as
provided in Paragraph-6 hereof,
8. Change'of Fees by Arbitration,
If the parties are unable to agree upon the fee per lot
to apply during the next succeeding five -year period within sixty
(60) days after the request for a change in the fee is made, the
matter may be submitted to arbitration before a three-man arbitration
board in the following manner-
Either party may within fifteen (15) days after the expira-
tion of such sixty (60) days appoint one member of said arbitration
board, giving notice thereof to the other party. The other party
shall within fifteen (15) days after such notice appoint a second
member of said arbitration board, giving notice thereof to the party
4,
making the first appointment to said board and to the member of the
arbitration board first appointed, The two members of the arbitra.
tion board so appointed shall within fifteen (15) days appoint a
third member of the arbitration board.. If the two members are
unable ro agree upon the third member, either party or the two
members of the arbitration board may apply to the Presiding Judge
of the Superior Court of Orange County, or to any judicial officer
occupying a position similar to that position during the term of
this contract, for appointment of a third member of the arbitration
board. Notice of the appointment shall be given to both parties
and to the members of the arbitration board by the party or the two
members which obtain the appointment by said judicial officer=
The arbitration board so selected shall meet and determine
the fee to apply during the next succeeding five-year period of the
term; provided, however, that any increase or decrease in the fee
shall be based upon an increase or decrease, respectively, in Dis-
trict costs of power, labor or administration, and provider] further
that the fee shall not be increased or decreased by an amount in
excess of ten per cent kJ 0 %) of the fee applicable to the five -year
period of the term immediately preceding the five-year period for
which the arbitration board is setting the fee.
9. Givin Notice.
Any notice required or permitted to be given under the
terms hereof shall, be in writing. Any such notice may be given to
the City by serving a copy thereof upon the City Clerk personally
or the Mayor personally or the City Manager personally or upon such
officer of the City as the City Council, may from time to time in
writing advise the District to so serves The City may give any
such notice to the District by serving such notice upon the Chairman
of the Board personally or upon the Clerk of the Board personally
or upon such officer of the District as the Board of the District
may from time to time in writing advise the City to so serve,
5�
Any notice hereunder shall conclusively be deemed to have
been given upon the date it is enclosed in a sealed envelope addressed
to the party to whom intended at the following address-
If to the City; City -of Newport Beach
City Hall
Newport Beach,, California
Attention, City Manager
If to the District. Costa Mesa Sanitary District of Orange
County,California
695 West 19th Street
Costa Mesa, California
(or such other address as either party hereto may hereafter designate
by notice in writing hereafter similarly given), and deposited,
postage prepaid, in the United States mail. as registered or certified.
mail.
10, 'Termination.
It is mutually understood that at some time during the term
hereof City facilities may be constructed through which City can re-
ceive and transmit for disposal all sewage originating in this area
of the City. If upon construction of such facilities City.determines
it is to the advantage of City to receive and dispose of such sewage
through such facilities and to terminate this agreement, it may do
so by giving District notice of termination at the time City makes
the annual payment to District. Such termination shall become ef-
fective upon the date specified by City but not less than one year
after notice of termination is given. City shall pay District the
applicable fee per lot up to the time of termination.
Prior to the effective date of termination City shall, make
any changes in the City facilities necessary to change the flow of
sewage from the District line into City facilities. Any reconstruc-
tion of District facilities at the point sewage is delivered to
District line along Irvine Avenue pursuant to this contract made
necessary by the change over to City facilities shall be done by
City at no cost to District,
11. This contract shall be binding upon the successors
11
4P
and assigns of District and City.
IN WITNESS WHEREOF, the parties have executed this agree-
ment as of the day and year first ab
AF?RGVED AS TO FORM
D T D
N! LT CHARA
CITY ATTORNEY A
CITY OF
By
written
Attest,
By 1 Cite
CITY
COSTA MESA SANITARY DISTRICT OF ORANGE
COUNTY, CAL ORNIA
By
o • the Boar®
Attest,
By
Secretary
70
DISTRICT
0
C -718
See Contract File for
Map of Area to be
Sewered by Connection to
Costa Mesa Sanitary District System at
Irvine and Santiago Drive
(Exhibit A)
(L2)
1
2
:3�
4
5 '01z St 44 aeas of the City lYU% easterly of lvwuw
' 6 Avenue in the U"" My 4&1* c" OWS eawadently dAd *ffttt*UtIY
7 b* BWV*d by M VWW line *I=% 13wumb monme hv*'I*d Street
8 **MbWly to 21,9t Street belooSift to Um Costo %We SOULMY.
9 "StrLat of evem" county; OW
101 WAUMO a contract has boft prepaxod uWW %%Wh "LA
ii,!, Sagdtery If OULat agrom to receive sewage ftem so" ar" of the
12 City am* partioularly *wartbed in "JA **Wx*ct to its Somm
13 1 IUW At Uvi*o Awomm and 22A4 Street vUh a %am of twoftyptive
14 yoM or 0 to of fifty y0wft if 00 4*9110MI ISVWA *S t*=
15 . LS approwod by a majority of the *Lettsm" of City is Iftl or 1*21
16 &vA,
17:
Wjw%w# the City commell has ammi"d the pt"Amum of
is; said contrast jwd fimW tbm to U Wx md **dtabio and U the
19: Latereat of tbe QLtyj
20 HMO TWMFM* a IT Usmimb that the, mayor and city
21 i Clark be mW we hereby outhartsed aad #tractad to emoc"a "JA
22 coatraet 0% baWf of the City of agapogt Softh,
23. Aborm this 23" &Y of 9 1961
24 J77,01
4)7
25'
yor
26 ATTVMs
271
ruty clarx
28;
29,
I.
30
32
RESOLUTION NO. 125
A RESOWTIOTI OF T72 BOARD OF 1 COSTA 1,201, SANITARY
DISTRICT, ORANGE COMM, CPyIFORNIA, APPROVING A CONTRACT
BETWEEN THE CITY OF MUPORT MACH AIM TH COSTA &SSA
SANITARY DISTRICT, DATED JAISJOY 19, 1961.
iM,MAS, the Board has read and approved the proposed Contract
between the Costa Mesa Sanitary District and the City of Newport Beach for
the conveying of sewage from a portion of Tract No. 3702 to the District
sewer line along Irvine Avenue in the vicinity of Last 221nd Street, and as
described it the Contract; and
WHEIREAS, the BoarO of Directors of the Costa 'Mesa Sanitary
District deem it for the best interest of said District that said Contract
be entered into and approved;
230:7, TiFJR , the Board of Directors of the Costa Mesa Sanitary
District of Orange County, California, does hereby resolve,determine, and
order as follows:
SsCTION 1. That certain written Contract dated January 19, 1961,
between the Costa b1esa Sanitary District and the City of Newport Beach is
hereby approved.
SECTION 2. The President and Secretary are hereby authorized and
instructed to execute said Contract or beha -U of said Sanitary District.
".SSID AND ADOPTED this 19th day of January, 1961.
President, Boat of Directors of the
Costa I,'iesa Sanitary District, Orange
County, California
AM MST:
-_. H. HOLLISTi
BY: Gi/ sv L ^Y2 K
Assistant Secretary
STATE OF CALIFORNIA)
) ss.
COUNTY OF 01WIGE )
I, A. H. HOLLISTER, Secretary of the Board of the Costa Mesa
Sanitary District of Orange County, California, DO HEREBY CERTIFY that the fore-
going Resolution, being Resolution No. 125 , was duly passed, approved
and adopted by said Board, approved and signed by the President of said Board,
and attested by the Secretary of said Board, all at an_gjZERftLM&_LLar
meeting of said Board held on the 19th day of January , 19fil-,
and that the same was passed and adopted by the following roll call vote, to wit:
AYES: Members - Stephens, Norman, Porter, Hollister, and Meyers
NOES: Members - None
ABSENT- Members - None
DATED this 20th day of �Janaary
(SEAL)
STATE OF CALIFORNIA) as.
COUNTY OF ORANGE
A. H. HOLLISTER
SECRETARY of the Board of Directors of
the Costa, Mesa Sanitary District of
Orange County, California
BY
Assistant Secret
I, A. C. SWARTZ, Assistant Secretary of the Board of Directors of the
Costa Mesa Sanitary District, Orange County, California certify that the foregoing
is a true and exact copy of Resolution No. 125, adopted January 19, 1961, at an
adjourned regular meeting of the Board of Directors of the Costa Mesa Sanitary
District.
- Assistant Secretary
7T
February 1, 1461
Mr. A. C. Swartz
Costa Mesa Sanitary District
P. O. Box 317
Costa Mesa. California
Dear Mr. Swartz:
Attached are three completely executed copies of the
contract between the City of Newport Beach and Costa
Mesa Sanitary District of Orange County, California,
for the conveying of sewage.
I am also attaching a certified copy of Resolution No.
5355, authorizing the Mayor and City Clerk of Newport
Beach to execute subject contract.
Very truly yours,
Margery Schrouder
City Clerk
City of Newport Beach
MS:em
Att.
MS:mv
From JeResk of .. .
A. C. SWARTZ
T0; MR. WALTER CHAP,*
CITY ATTORNEY
NEWPORT BEACH, CALIFORNIA
Please have your Mayor and City Clerk
sign all three copies of the attached Agreement between
the City of Newport Beach and the Costa Mesa Sanitary
District and return to my office, P. 0. Box 317, Costa
Mesa.
L
L-1
CITY OF NEWPORT BEACH
PUBLIC WORKS
DEPARTMENT
NO.
T0: CITY CLERK
FROM: PUBLIC WORKS DIRECTOR
0
Date JAN. 26, 1961
SUBJECT: CONTRACT WITH COSTA MESA COUNTY SANITARY DISTRICT FOR TRANSMISSION
OF SEWERAGE
PLEASE NOTIFY ME WHEN THE SUBJECT CONTRACT HAS BEEN
EXECUTED BY BOTH THE COSTA MESA COUNTY SANITARY DISTRICT AND
THE CITY.
DONALD C. SIMP30N
DCS:EK
CITY OF NEWPORT BEACH
CITY ATTORNEY
DEPARTMENT
Toe The Honorable Mayor and
City Council
From- City Attorney
January 20, 1961
Subjects Contract with Costa Mesa Sanitary District to transport
sewage to Sanitation District lines
In a memorandum of January 5, 1961, I reported to the Council that
a draft of a contract had been prepared under which the Costa Mesa
Sanitary District would receive sewage from an area of the City
lying easterly of Irvine Avenue in the Uvver Bay area.
Pursuant to the suggestion of the District, the contract has been
revised to provide that the City will pay the annual fee per lot
for the number of lots on which buildings are constructed with
plumbing facilities connected to the sewer through the second year
following the year in which all of the land within the area is sub-
divided. For the third year after the last of the area is sub-
divided and for all subsequent years of the term, the City will pay
the applicable fee per lot for each Lot shown on the final subdi-
vision map or maps, whether or not buildings exist on the lots.
The reason the District made the request for this change is that
it felt we should not count buildings each year to determine the
annual payment.
The present draft of the contract continues the feature which per-
mits it to be submitted to the voters in 1961 or 1962 if we wish
the term to extend to December 31, 2010. It also continues the
feature which permits an increase or decrease in fees by arbitration
each five years in case the parties cannot agree on a change in fee
which can be requested by either party.
This was submitted to the District Board at their adjourned meeting
on Thursday, January 19, and approved.
A resolution has been prepared and transmitted to the City Clerk
which, if adopted by the City Council, will authorize the execution
of the contract. 41atL�).
WWCemec Walter W. Charam
cc - City Manager City Attorney
Director of Public Works
City Clerk —
- .14 0 60
January 20, 1961
Mr. Donald Dungan
Attorney at Law
1895 Newport Boulevard
Costa Mesa, California
Dear Don:
Enclosed are three copies of the contract
between the City and Costa Mesa Sanitary
District for the transmission of sewage.
It is requested that the three copies be
executed and returned for execution by the
City. The matter will be before the City
Council at its regular meeting on January
23, 1961, and I expect it will be approved.
Very truly yours,
Waiter W. Charamza
WWC:mec City Attorney
Encs.
cc • City Manager
City Clerk �