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HomeMy WebLinkAboutC-718 - Sewage Transmission (See Contract 2100)6 f 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 �