HomeMy WebLinkAboutC-1690 - Sewer connection permito U NTY F
FLAN CA E
NOV 2 s 19 4 November 14, 1974
ORANGE COUNTY
DEPARTMENT OF EDUCATION
TELEPHONE: 834 -3900
AREA CODE 714
1250 SOUTH GRAND AVENUE
SANTA ANA, CA
MAILING ADDRESS:
P. O. BOX 11848
SANTA ANA, CA 9271!
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The Honorable Donald A. McInnis and City Council
3300 Newport Boulevard 3
Newport Beach, California 92660
Dear Mayor McInnis:
The Orange County Department of Education is currently constructing a
development center for handicapped minors on property owned by the University
of California, Irvine. This center will provide a service similar to that
provided by existing facilities in other parts of the county. This center
will not only be more readily available for children residing in your area, but
has other obvious inherent advantages by virtue of being located on the Univer-
sity campus.
One of the major obstacles is lack of access to sanitary sewer facilities. It
appears we must construct a 1,400 -foot sewer outfall line northerly along the
eastern side of Jamboree Boulevard to the intersection of Campus Drive to reach
an existing sewer line. This service is owned by the Orange County Sanitary
District #7•
We note that Tract #7953 (The Cole Center Newport Tract) provides a sewer con-
nection right across the street from our location at an elevation that would
accommodate the limited effuent that would be generated by the 40 youngsters
for whom the center is being constructed. This connection is at the inter-
section of the proposed Birch Street and Jamboree Boulevard and its elevation
is 40.93 feet. The finish floor elevation of our center is 51.5 while our
sewer clean out is 49.9• Unfortunately, the elevation of the connection at
Campus Center Drive allows for very little slope in our 1,400 -foot outfall line
When further development occurs along the easterly side of Jamboree Boulevard,
a lift station will undoubtedly be required. At that time, we would be prepared
to join with other users in the development of this system. In the meantime,
it is our request that we be allowed to bore under Jamboree Boulevard and
temporarily connect to the aforementioned station at Birch and Jamboree. It
will be necessary for us to secure other utilities from that side of Jamboree
anyway, so the extra engineering should not be too difficult and we would save
a considerable amount of money.
R�ECid`EDy
U P C RK
NOV i " 1874
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Date NOV 14 1974
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`� Councilmen 4:�k_y21�
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By the CITY COUNCIL
CITY W mr-W1 "QT YFACI -1
DEC
e 1974
DON DATKO
BUOGBT CONTFpI- OFFICER
Oq AN6E COUNTY
BU91NE59. AOMI N16Tq ATIVE D1250 GENT OF E9U CATION
d PEF60NNEL SERVICES 1260 694TH GRAND AVE.
TEIEP Vp Bo>c 11646
Bad -6.6 610 10 SANTA ANA, CnlIF, 92711
Mayor Donald A. McInnis
City Council
November 14, 1974
Page Two
Naturally, we anticipate paying you your normal charges plus any extra ordinary
costs you might incur.
It appears you may have established some precedent when you graciously allowed
the Harbor Christian Church to connect to your system although they were out-
side the Costa Mesa Sanitary District.
Keeping in mind that our request is for a limited time, will serve a limited
number of people (the building is only 2,400 square feet) and will bring
sorely- needed services closer to the handicapped children in your area, we ask
that you give this request early consideration in order that we may proceed
with final details.
In order to answer any questions, I will be in attendance at your next council
meeting.
Thank you for any consideration you may show us.
Sincerely,
ROBERT PETERSON, Ed.D.
Superintendent
Department of Education
IMason, Director
Fiscal Services
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December 9, 1974
CITY COUNCIL AGENDA
ITEM NO. F-1 3
TO: CITY COUNCIL
FROM: Public Works Department
SUBJECT: SEWER CONNECTION FOR HANDICAPPED MINORS DEVELOPMENT CENTER
LOCATION: EASTERLY SIDE OF JAMBOREE BOULEVARD OPPOSITE BIRCH STREET
(See attached sketch)
DEVELOPER: ORANGE COUNTY BOARD OF EDUCATION
RECOMMENDATIONS:
1. Approve in concept the request to permit a temporary sewer
service connection for property located outside of the City.
2. Authorize the staff to proceed with the preparation of an
appropriate agreement to be used as the sewer connection
permit.
3. Direct the City Attorney to initiate a revision to the
Municipal Code eliminating the required permit condition
that the area served by the sewer connection be annexed
to the City.
DISCUSSION:
At the City Council meeting on November 26, 1974, a letter from
the Orange County Department of Education requesting a temporary sewer con-
nection for their proposed Handicapped Minors Development Center was referred
to the staff for study. and report back. A copy of that letter is attached
for reference.
The property being developed and for which the temporary sewer
connection is requested is located outside the present City boundary. Orange
County Sanitation District No. 7 presently has jurisdiction for sewering the
property concerned. It appears that connecting at this time to the District's
existing sewer line in Campus Drive would impose considerable hardship on the
proposed development. Furthermore, Orange County Sanitation District No. 7
has indicated that it will likely be several years before a local sewage col-
lection system is available to which a typical sewer lateral connection could
be made to serve the proposed development.
Section 14.24.090 of the Municipal Code provides for sewer con-
nections to serve property located outside the corporate limits of the City.
December 9, 1974
Subject: Sewer Connection for Handicapped Minors Development Center
Page 2
The Code is explicit in that a written permit from the City Council is re-
quired for such connections. The permit shall set forth such conditions
and terms as the City Council may impose. In addition, Section 14.24.100 of
the Municipal Code specifically conditions any such permit as follows: "No
permit authorizing the connection of property outside of the City with the
City sewer system shall be granted for a period exceeding one year, unless
the owner or owners of the property enter into a written agreement for the
annexation to the City, within a definite period of time, of the property to
be served....."
The letter dated November 14, 1974, from the Orange County Board
of Education is a request for a permit under the above provisions of the
Municipal Code. The existing sewer manhole located at the intersection of
Birch Street with Jamboree Boulevard is where the proposed connection is to
be made to the City sewer system. This sewer manhole was constructed by Koll
Center Newport as part of the required improvements for their development.
It is anticipated that this particular sewer improvement as well as all the
other required public improvements constructed with Koll Center Newport will
be recommended for formal acceptance during the next month or two. The man-
hole and the downstream sewer mains have adequate capacity to handle the dis-
charge from the proposed development.
Considering the circumstances described in the Board of Educa-
tion's letter, the request for a temporary sewer connection appears logical.
It is recommended thdt an affirmative response be given to the request and
that the staff be authorized to proceed with preparation of an appropriate
agreement.
Any agreement in this case, however, will directly conflict with
the condition for future annexation to the City as set forth in Section
14.24.100. The area to be served by the proposed temporary sewer connection
is presently within the boundaries of the City of Irvine. De- annexation and
annexation procedures are not now contemplated for this area and it is ex-
tremely unlikely that such procedures will be proposed in the future. As a
consequence, it would seem that if a permit is approved for the temporary
sewer connection in this case, the Municipal Code should be revised to delete
the mandatory condition requiring annexation within a definite period of time.
The Municipal Code provides City Council action on each permit for a sewer
connection serving an area outside the City and allows the City Council to
give such a permit conditionally. If annexation is a proper and reasonable
condition to associate with a particular permit, then it can be specifically
imposed. On the other hand, as in this case, where future annexation is not
a concern, then it need not appear as a condition of the permit.
oseph {T. Devlin
ublic Wo ks Director
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�4 ,_OUNTY OF
November 14, 1974
The Honorable Donald A. McInnis and City Council"
3300 Newport Boulevard
Newport Beach, California 92660
Dear Mayor McInnis:
ORANGE COUNTY
DEPARTMENT OF EDUCATION
TELEPHONE: 834 -3900
AREA CODE 714
1250 SOUTH GRAND AVENUE
SANTA ANA. CA
MAILING ADDRESS:
P. O. BOX 11646
SANTA ANA. CA 92711
The Orange County Department of Education is currently constructing a
development center for handicapped minors on property owned by the University
of California, Irvine. This center will provide a service similar to that
provided by existing facilities in other parts of the county. This center
will not only be more readily available for children residing in your area, but
has other obvious inherent advantages by virtue of being located on the Univer-
sity campus.
One of the major obstacles is lack of access to sanitary sewer facilities. It
appears we must construct a 1,400 -foot sewer outfall line northerly along the
eastern side of Jamboree Boulevard to the intersection of Campus Drive to reach
an existing sewer line. This service is owned by the Orange County Sanitary
District #7.
We note that Tract #7953 (The Cole Center Newport Tract) provides a sewer con-
nection right across the street from our location at an elevation that would
accommodate the limited effuent that would be generated by the 40 youngsters
for whom the center is being constructed. This connection is at the inter-
section of the proposed Birch Street and Jamboree Boulevard and its elevation
is 40.93 feet. The finish floor elevation of our center is 51.5 while our
sewer clean out is 49.9• Unfortunately, the elevation of the connection at
Campus Center Drive allows for very little slope in our 1,400 -foot outfall line.
When further development occurs along the easterly side of Jamboree Boulevard,
a lift station will undoubtedly be required. At that time, we would be prepared
to join with other users in the development of this system. In the meantime,
it is our request that we be allowed to bore under Jamboree Boulevard and
temporarily connect to the aforementioned station at Birch and Jamboree. It
will be necessary for us to secure other utilities from that side of Jamboree
anyway, so the extra engineering should not be too difficult and we would save
a con iderable amount of money.
—i Date NOV 1 4 1974
t� REC D 17 'Mayor
CITY r'_ RK Y,
lie, '1*LQr:iQy
Ol NO VI ' 1974P-
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Mayor Donald A. McInnis November 14, 1974
City Council M� Page Two
Naturally, we anticipate paying you your normal charges plus any extra ordinary
costs you might incur.
It appears you may have established some precedent when you graciously allowed
the Harbor Christian Church to connect to your system although they were out-
side the Costa Mesa Sanitary District.
Keeping in mind that our request is for a limited time, will serve a limited
number of people (the building is only 2,400 square feet) and will bring
sorely- needed services closer to the handicapped children in your area, we ask
that you give this request early consideration in order that we may proceed
with final details.
In order to answer any questions, I will be in attendance at your next council
meeting.
Thank you for any consideration you may show us.
Sincerely,
ROBERT PETERSON, Ed.D.
Superintendent
Department of Education
al on, Director
Fiscal Services
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CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
TEMPORARY SEWER CONNECT /QV
FOR APROReRTY OUTS /DE
OF THE C/TY
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DRAWN AI.fATER DATE �=
APPROVED
PUBLIC WORKS DIRECTOR
DRAWING NO. EX
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Ft B n. A 1975
By the CITY COUNCIL
CITY OF NSWPORT BEACH
TO: CITY COUNCIL
FROM: Public Works Department
February 24, 1975
CITY COUNCIL AGENDA
ITEM NO. H -2 (b)
d_ 16 90
SUBJECT: SEWER CONNECTION PERMIT AGREEMENT FOR THE HANDICAPPED MINORS
DEVELOPMENT CENTER
LOCATION: EASTERLY SIDE OF JAMBOREE BOULEVARD OPPOSITE BIRCH STREET
(See attached sketch.)
DEVELOPER: ORANGE COUNTY BOARD OF EDUCATION
RECOMMENDATION:
Adopt a resolution approving the agreement and authorizing the
Mayor and the City Clerk to execute the agreement.
DISCUSSION:
A letter dated November 14, 1974, from the Orange County Department
of Education requested a temporary sewer connection to serve their proposed
Handicapped Minors Development Center. The site to be served is located outside
the City of Newport Beach boundaries, and is situated at a considerable distance
from an existing sewer to which a connection would normally be made.
On December 9, 1974, the City Council considered a report from the
Public Works Department which made recommendations for responding to the
County's request. The City Council's action on the report was as follows:
1. Approved in concept the request to permit a temporary sewer
service connection for property located outside of the City.
2. Authorized the staff to proceed with the preparation of an
appropriate agreement to be used as the sewer connection
permit.
3. Directed the City Attorney to initiate a revision to the
Municipal Code eliminating the required permit condition that
the area served by the sewer connection be annexed to the
City.
An appropriate agreement, entitled Sewer Connection Permit Agree-
ment, has been prepared. It is to be effective for a period of three years
and contains provisions for extending the time upon a request from the County
February 24, 1975
Subject: Sewer Connection Permit Agreement for the Handicapped Minors
Development Center
Page 2
and approval by the City Council. The agreement also provides for the County
to pay to the City an annual sewer service charge of $14. The agreement has
been executed by the County. Approval of the recommended action will complete
the agreement.
On January 13, 1975, the City Council adopted Ordinance No. 1594
which amended the Municipal Code so that future annexation of the area served
by the temporary sewer connection is optional rather than mandatory.
Att.
lin
Director
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Nor 7b SY'ALE
CITY OF NEWPORT BEACH DRAWN M «TER DATE 1p
PUBLIC WORKS DEPARTMENT APPROVED
4FAfRORARY SEWER CONNSMON PUBLIC WORKS DIRECTOR
FOR oR"?0PERTY OUTS /DE R.E. NO,
OF THE C /TY DRAWING NO. EXN/QIT
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I
RESOLUTION NO. 8442
J% 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 THE ORANGE COUNTY BOARD OF
EDUCATION RELATING TO A SEWER CONNECTION PERMIT
By
CITI OF NEWPORT BEACH
WHEREAS, there has been presented to the City Council
of the City of Newport Beach an agreement between the City of
Newport Beach and the Orange County Board of Education relating
to a sewer connection permit; and
WHEREAS, the City Council has considered the terms
and conditions of said agreement and found them to be fair and
equitable, and in the best interests of the City;
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Newport Beach that said 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 24th day of February , 1975.
ATTEST
City Clerk
Mayor
DDO /bc
2/19/75
I
TO: FINANCE DIRECTOR
FROM: City Cleric
CITY OF NEWPORT BEACH
SUBJECT: Contract No. 1690
Description of Contract Aim
CALIFORNIA
City Hall
3300 W. Newport Blvd
Area Cod, 714
673 -2110
DATE February 27, 1975
a sewer connection permit at
Authorized by Resolution No. 8442 , adopted on February 24, 1975
Effective date of Contract February 25, 1975
Contract with goon County Board of Education
Address 1250. South GrMd
/ Santa Ana, CA 92705
Amount of Contract See agreement
V -city ne <.
Attachment
e
February 27, 1976
Orange County Hoard of Education
1250 South Grend
Santa Ana, California 92705
0
Subject: Agreement for a sewer connection peradt at Jamboree
Road and Hirsh Street, C -1690
Enclosed is a fully executed copy of subject agreement for temporary
service to the Dsvielopment Center for Handicapped Minors.
Said agreement was authorized by the City Council of Newport Beach
on February 24, 1975 by the adoption of Resolution No. 6442.
Laura Lagios, CMC
City Clerk
LL:dm
Enclosure
cc: Public Works Director
• •
SEWER CONNECTION PERMIT AGREEMENT
(Orange County Board of Education
Jamboree Boulevard and Campus Drive)
THIS AGREEMENT is made and entered into this --215 TN
day. of Ft-- ,gA+)q.ey , 1975, by and between the ORANGE COUNTY BOARD
OF EDUCATION, hereinafter referred to as "COUNTY," and the CITY OF
NEWPORT BEACH, a municipal corporation, hereinafter referred to as
"CITY."
W I T N E S S E T H:
WHEREAS, COUNTY proposes to construct a development center
for handicapped minors on a parcel of real property owned by the
University of California, Irvine, which property is located along
the southeasterly side if Jamboree Boulevard approximately 1400 feet
southwesterly of Campus Drive; and
WHEREAS, said development center location is outside the
boundaries of the City of Newport Beach and within the boundaries of
the City of Irvine; and
WHEREAS, there is no intention on the part of the City of
Newport Beach that the development center site be excluded from the
City of Irvine and annexed to the City of Newport Beach; and
WHEREAS, said development center site is located within
Orange County Sanitation District No. 7 sewer maintenance area, but
is located approximately 1400 feet distant from an existing sewer
line located in Campus Drive; and
WHEREAS, the COUNTY has requested the CITY to permit a
temporary sewer connection for serving said development center to be
made to an existing CITY sewer line located in the northwesterly side
of Jamboree Boulevard, rather than connecting to said Sanitation
District No. 7 sewer line in Campus Drive; and
WHEREAS, Section 14.24.090 of the Newport Beach Municipal
Code provides for sewer connections to serve property outside the
corporate limits of the CITY upon receipt of a written permit from
the City Council; and
WHEREAS, on December 9, 1974, the City Council did approve in
-1-
0 0
concept the request by COUNTY to permit a temporary sewer service
connection for the subject property located outside of the CITY; and
WHEREAS, the parties hereto desire that this Sewer Connection
Permit Agreement set forth the respective terms and conditions for the
said temporary sewer connection,
NOW, THEREFORE, in consideration of their mutual promises,
the parties hereto agree as follows:
1. CITY hereby agrees to authorize a temporary connection
to its existing sewer facilities located in the northwesterly side of
Jamboree Boulevard in the vicinity of the Birch Street intersection;
2. The temporary sewer connection shall be made only in
accordance with the encroachment permit and accompanying plans to be
submitted by COUNTY and to be approved by the CITY's Director of
Public Works;
3. The construction of the temporary sewer service connection
shall be inspected by CITY and its determination of the acceptability of
the work accomplished shall be final and conclusive;
4. The term of this Permit Agreement shall be for three (3)
years from the date of execution hereof. This Permit Agreement may
be terminated by either party upon giving a one -year written notice
to the other party of such intention to terminate;
5. This Permit Agreement may be extended upon the written
request of COUNTY if the City Council determines that circumstances
existing at the time of the requested extension justify the request;
6. COUNTY agrees to bear all costs of abandoning the
temporary sewer connection. Current City disconnect standards require
closing the lateral,at both ends with mortar and permit leaving the pipe
in the ground. It is not anticipated that there will be a change in
the standards, but a change is possible. It is also understood that
COUNTY will bear costs of disconnect and comply with the standards in
effect at such time as the temporary lateral use is terminated;
7. COUNTY agrees to diligently proceed with the construction
of a permanent sewer connection to a sewer system in the City of Irvine
as soon as such a system is reasonably available, or at such earlier
date if this Agreement is terminated by CITY in accordance with the
provisions of Paragraph 4 above;
-2-
Revised 1/24/75
0 0
8. COUNTY agrees to pay a sewer connection fee in accordance
with Section 14.24.050 of the said Municipal Code prior to approval
of the required encroachment permit;
9. COUNTY agrees to pay to the CITY a sewer service charge
of Fourteen Dollars ($14.00) per annum with the first year's charge
paid in advance of making said temporary sewer service connection;
10. The COUNTY, or its agent, shall maintain the sewer service
lateral connecting said development center to CITY's sewer line, at
the COUNTY's sole cost;
11. COUNTY agrees to hold CITY harmless from any death, bodily
injury or property damages which may result or occur to any person or
property from the construction, connection, establishment, maintenance
and operation of the temporary sewer connection, including, but not
limited to, damages which may result from malfunctions in the operation
of CITY's sewer system;
12. This Agreement shall be binding upon the successors in
interest of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the day and year first above written.
ATTEST:
OF NEWPORT BEACH
CITY
APPROVED AS TO FO ORANGE COUNTY BOARD OF EDUCATION
ROBERT PETERSON, Co. Supt. of Schools
�
By: BY DEPUTY
,
ey
APPROVED AS TO FORM: By:
COUNTY
L
County Counsel
APPROVED AS TO SUFFICIENCY:
i y Man ger
HRC:kb
-3- 1 -9 -75
• RESOLUTION NO. ?::i
A RESOLUTION OF THE CITY - COUNCCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY
OF NEWPORT BEACH AND THE ORANGE COUNTY BOARD OF
EDUCATION RELATING TO A SEWER CONNECTION PERMIT
WHEREAS, there has been presented to the City Council
of the City of Newport Beach an agreement between the City of
Newport Beach and the Orange County Board of Education relating
to a sewer connection permit; and
WHEREAS, the City Council has considered the terms
and conditions of said agreement and found them to be fair and
equitable, and in the best interests of the City;
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Newport Beach that said agreement above described
is approved, and.th'e Mayor and City Clerk are hereby authorized
and directed to execute the same on behalf of the City of
Newport Beach.
ATTEST
City Clerk
7 -i�9U
ADOPTED this
24th
day of February , 1975.
DDO /bc
2/19/75