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Home My WebLink About1980-05-20COUNTY SANITATION DISTRICTS OF ORANGE COUNTY, CALIFORNIA P. CJ. BOX 8127, F'CJUNTAIN VALLEY, CALIF'CJRNIA 92708 10844 ELLIS AVENUE (EUCLID CJF'F'-RAMP, SAN DIEGO FREEWAY) May 15, 1980 ·NOTICE OF ADJOURNED REGULAR MEETING DISTRICT NO. 5 TUESDAY) MAY 201 1980 -4:00 P.M. NEWPORT BEACH CITY HALL ANNEX UPSTAIRS CONFERENCE RooM 3300 NEWPORT BOULEVARD NEWPORT BEACH1 CALIFORNIA TELEPHONES: AREA CODE 714 540-2910 962-2411 Pursuant to adjournment of the regular meeting of May 14, 1980, the Board of Directors of County Sanitation District No. 5 will meet in an adjourned regular meeting at the above hour and date for further consideration of matters relative to service for the Big Canyon drainage area. JWS:rb JL-.<aoARDS OF DIRECTORS County Sanitation Districts Post Office Box 8127 10844 Ellis Avenue Fountain Valley, Calif., 92708 Telephones: II of Orange County, Califomia (1) Roll call DISTRICT No. 5 ADJOURNED REGULAR MEETING f¥1AY 20) 1980 -4 : 00 p I MI NEWPORT BEACH CITY HALL Area Code 714 540-2910 962-2411 AGENDA (2) Status report on alternate facilities for serving the Big Canyon-Jamboree Drive drainage area and review Gf Supplemental Draft Environmental Impact Report for .said facilities. See page "A" (3) Discussion re financing of facilities to serve the Big Canyon~Jamboree Drive drainage area and review of Ordinance No. 510, an Urgency Ordinance. Amending Ordinance No. 508, as amended, Establishing Separate Zones for Drainage Areas ·within the District, Establishing.a Schedule of Fees for Issuance of Sewer Connection Permits, and Temporarily Suspending the Issuance of Sewer Connection Permits with the Exception of Certain Specified Projects (Copy of ordinance enclosed with ~genda material) (4) Consideration of motion to engage the firm.of Ball Hun-t, Hart.,. Brown and. Baerwitz to assist the staff in preparation of necessary documents required for application to the Coastal Commission for facilities to serve the Big Canyon-Jamboree Drive drainage area, for an amount not to exceed $4,000 (.5) Other business and communications, if any (6) Consideration of motion to adjourn "A" COUNTY SANITATION DISTRICTS of ORANGE CoUNTY, CALIFORNIA P. 0. BOX 8127 1084"' ELLIS AVENUE FOUNTAIN VALLEY, CALIFORNIA 92708 (714) 540-2910 (714) 962-2411 STAFF REPORT ----~ ------- STATUS OF COLLECTION FACILITIES FOR THE BIG CANYON-JAMBOREE ROAD DRAINAGE AREA In the November, 1969 Master Plan for collection facilities in District No. 5, a gravity sewer system in the Back Bay aliqnmen.t was approved to deactivate the temporary pump station at the intersection of Jamboree Bead and Biq canyon. Because of financial consideration, this project was not scheduled to be implemented until the middle 1970's. The District proceeded to procure the ductile cast iron pipe to insure the inteqrity of a qravity syst~, prepare the necessary implementation documentation, and submit an application to the coastal Commission for the construction of this qravity system. Since the denial of the Coastal Pezomit by the State Coastal Commission in 1979, the staff has, with the assitance of outside consultinq enqineers, reexamined the alternatives to provide the necessary collection system for this drainaqe area. Of the three alternative systems evaluated (the qravity back bay line, replacement of existinq pumping station, and qravity tunne.l system and Jamboree Road), it became apparent that the only two feasible alternatives are the gravity back bay line or the new pump station. The time schedliled to implement either alternative to comply with both the District CEQA requirements as well. as the State Coastal Commission requirements, are as follows: May 20, 1980 June ll, 1980 August 13, 1980 September 10, 1980 November, 1980 December, 1980 January or May, 1981 March or June, 1981 JuJ.y, 1981 September, 1981 December, 1981 March, 1982 Preliminary review of Supplemental EIR Acceptance of Draft Supplemental EIR and setting of public hearing Hearinq on Supplemental EIR Acceptance of Final EIR and authorization to Final Pezmit Application with the Coastal Commission on the selected "Project" Issuance of permit by the State Coastal Commission Authorization for finalization of· plans and specifications for project Approval of plans and specifications and advertisement for bids Award of contract for construction of "Project" (With. the award .of a construction contract, the temporary is~uance of sewer permits in the drainaqe ·area pursuant to Ordinance No. 510.) Commence construction of pump station alternative cemmencement of qravity Back Bay alternative Completion of Sack Bay qravity alternative Completion of pump station alternative AGENDA ITEM #2 -DISTRICT 5 . "A" ;,~ County Sanitation Districts ... of Orange County, California Post Office Box 8127 10844 Ellis Avenue Fountain Valley, Calif., 92708 Telephones: (1) Clo..) C® (§) (6) DISTRICT No. 5 ADJOURNED REGULAR MEETING ~AY 20, 1980. -4:00 P.M. NEWPORT BEACH CITY HALL Area Code 714 540-2910 962-2411 AGENDA Roll ~all 1y-~ ~ ( ~) ~t ~n~e facilities for serving the Big Canyon-Jamboree Drive drainage area and review of Supplemental Draft Environmental Impact Report for .said facilities. See page "A" Discussion re financing of facilities to serve the Big Canyon-Jamboree Drive drainage area and review of Ordinance No. 510, an Urgency Ordinance Amending Ordinance No. 508, as amended, Establishing Separate Zones for Drainage Areas within the District, Establishing. a Schedule of Fees for Issuance of Sewer Connection :Permits, and Temporarily Suspending the Issuance of Sewer Connection Permits with the Exception of Certain Specified Projects (Copy of ordinance enclosed with agenda material) Consideration of motion to engage the firm of Ball 1 Hunt, Hart, Brown and Baerwitz to assist the staff in preparation of necessary doc'1Itlents required for application to the .Coastal Commission for facilities to serve the Big Canyon-Jamboree Drive drainage area, for an amount not to exceed $4,000 Other business and communications, if any Consideration of motion to adjourn '/iS-0 11 A" COUNTY SANITATION DISTRICTS of ORANGE COUNTY, CALIFORNIA P. 0. BOX 8127 10844 ELLIS AVENUE FOUNTAIN VALLEY, CALIFORNIA 92708 (714) 540-2910 (714) 962-2411 STAFF REPORT -------~----411m>- STATUS OF COLLECTION FACILITIES FOR THE BIG CANYON-JAMBOREE ROAD DRAINAGE AREA In the November, 1969 Master Plan for collection facilities in District No. 5, a qravity sewer system in the Back Bay aliqnmen.t was approved to deactivate the temporary pump station at the intersection of Jamboree Road and Biq canyon. Because of financial consideration, this project was not scheduled to be implemented until the middle 1970's. The District proceeded to procure the ductile cast iron pipe to insure the inteqrity of a qravity sys't$m, prepare the necessary implementation documentation, and submit an application to the coastal Commission for the construction of this qravity system. Since the denial of the Coastal Pe?."mit by the State Coastal Commission in 1979, the staff has, with the assitance of outside consultinq enqineers, reexamined the alternatives to provide the necessary collection system for this drainaqe area. Of the three alternative systems evaluated (the qravity back bay line, replacement of existinq pumpinq station, and qravity tunnel system and Jamboree Road), it became apparent that the only two feasible alternatives are the qravi ty back :Cay line or the new pump station. The time scheduled to implement either alternative to comply with both the District CEQA requirements as well. as the State Coastal Commission requirements, are as follows: May 20, 1980 June ll, 1980 Auqust 13, 1980 September 10; 1980 November, 1980 December, 1980 January or May, 1981 March or June, 1981 JUly, 1981 September, 1981 December, 1981 March, 1982 Preliminary review of Supplemental EIR Acceptance of Draft Supplemental EIR and settinq of public hearing Hearinq on Supplemental EIR Acceptance of Final EIR and authorization to Final Permit Application with the Coastal Commission on the selected "Project" Issuance of permit by the State Coastal Commission Authorization for finalization of plans and specifications for project Approval of plans and specifications and advertisement for bids Award of contract for construction of "Project" (With. the award of a construction contract, the temporary issuance of sewer. pez:mi.ts in the drainage area pursuant to Ordinance No. 510.) Commence construction of pump station alternative commencement of qravity Back Bay alternative Completion of Back Bay qravity alternative Completion of pump station alternative AGENDA ITEM #2 -DISTRICT 5 11 A" II , MANAGER'S AGENDA REPORT County Sanitation Districts of Orange County, California DISTRICT NO. __.__s _ Ma y 20, 1980 -4:00 p.m. Newport Beach City Hall Post Office Box 8127 10844 Ellis Avenue Fountain Valley, Ca lif ., 92708 T e leprcnes: Area Code 71 4 540-2910 962-2411 The Board adjourned to 4:00 p.m., Tuesday, May 20th. During the meeting the staff will review for the Board the current status of the Environmental Impact Report for the construction of facilities to provide sewer service to land tributary to the Jamboree Pump Station. A copy of the latest draft Environmental Impact Report is enclosed . Also enclosed is a copy of Ordinance No . 510, adop ted January 15, 1980 , which established separate zones for drainage areas within the District and temporarily suspended the issuance of sewer connection permits within the Big Can y on/Jamboree Road Drainag e Area. Enc. Fred A . Harper General Mana g e r I• • j I 'I._ ·-G::OUNTY SANITATION DISTRICTS OF ORANGE COUNTY, CALIFORNIA TEL£PHON ES: AREA CODE '71' 540-2910 962-2411 P. O. BOX 9127. F'CUNTAIN VALLEY. CALIF'ORNIA 92709 10844 ELLIS AVENUE (EUCLID CF'F'-RAMP, SAN DIEGO FREEWAY) City of Newport Beach City Hall 3300 Newport Boulevard Newport Beach, CA 92660 November 20, 1979 Attention: Robert L. Wynn, City Manager Re: Alternative Projects to Serve the Big Canyon Drainage Area in Newport Beach Pursuant to our telephone conversation this date, the enclosed · information describes the various alternatives proposed to serve the Big Canyon drainage area. · -..._) The t'tvo most recent projects under consideration are (l) the replacement of the existing Jamboree Pump Station and the construction of additional sewer capacity ·in Jamboree down- stream of the pump station and (2) the construction of the Jamboree Road Sewer tllllilel which would provide a gravity sewer some 95' deep, eliminating the need for a pump s.tation. The original project, which was contained in the District's 1969 Master Plan, anticipated construction of a gravity sewer down Big Canyon to Back Bay Drive, and then in Back Bay Drive to the Dunes Park to replace the existing Jamboree Pump. Station and force main. A more complete description is attached. While the original project is the least expensive alternate, · the District was denied a permit by the State Coastal Commission. •. ·• City of Newport Beach November 20, 1979 Page 2 10844 ELLIS AVENUE FOUNTAIN VALLEY. CALIFORNIA 92708 (714) 540-2910 (714) 962·2411 The estimated costs of the various alternatives are as follows: Alternate I Jamboree Pump Station and Force Main Alternate II Jamboree Road Sewer (1979) · Tunnel (gravity sewer in Jamboree Road) (1979) Original Project Maste~ Planned: Back Bay Trunk Sewer in Big Canyon (1969) $ 944,043 $2,450,000 $ 750,000 In March, 1977 our engineer estimated that the Master Planned Back Bay Trunk Sewer would save the District: $.20, 000/year in power costs and $9,000/year in maintenance costs by eliminating the need for a pump station. It was estimated that this repre- sents a savings to the District of $8,850,000 using an energy cost of 3¢/kilowatt hour over the project life of 50 years. Our maintenance department estimates that our power costs this coming year will be 6¢/kilowatt hour. If we can provide you with any additional infoI:mation, please call. Enc. ~d. Fred A. Harper General Manager cc: District 5 Board of Directors Paul Ryckoff, Chairman Donald Strauss Supv. Thomas Riley · EXCERPT FROM S~..ARY OF PROJECT AND CONDITIONS --March 9, 1977 · -~ BACK BAY TRUNK SEWER PROJEC~ CESCll:O'TION Pro~osed Facility The Sack Say Trunk Sewer is part of t.~e master planned facilities of Sanitation District No. S. The sewer runs from the Ounes Park in the paved section of Back Say Drive to Biq Canyon. Then the sewer rans up Biq Canyon, across the spoil pile, alonq a northerly aliqnment of the Canyon, to an existinq outdated pump station (see Aerial Orainaqe Area Map) • The sewer will ce a 24-inch ductile cast iron pipe for the entire 9000 foot distance to provide the safest form of reliability. The pipe wiJ.l be la.id on the landward side of the hiqhway and the pipe invert will ce only four feet ender the road pavement. Several sections of the road will nave to be raised one to two feet to eliminate dips to provide a wti.fo?:m flow gradient for the sewer and "'-" yet provide a minimum of two feet of cover to protect the pipe f::cm. future road qradinq projects. In coordination with the resurfaci.nq project recently completed by Oranqe County En~omnenta.l Manaqement Aqency (EMA) for Sac:k Say Drive, the Cistric:t will resur£ace the enti.re lenqth of the p~oject·and c:on£ine t:he resurlacinq ta the existinq pavement widths on1y. !n Siq Canyon, the sewer will traverse the spcil pile and alonq a northerly a.liqmnent to the pump station.at Jamecree Read. The sewer will be la.id unde.r the existinq S'Poi.l pile which will facili- tate t!le futu:e remcvaJ. .. (See Biq canyon Aerial) • After pipe placement, the ~oil pile berm will be replaced. Con'tinuillq u-p tile Canyon, the allqnment runs alonq the north side of the Canyon wh.ich· is car:en and will require takL~q a few willow trees. The Canyon a.liqmnent will be restored with native plants and no surface road wil.l ce requi:ed. The pump station at Jamboree Road will be taken out of ser1ice and dismantled. s . . . . ' ' •··Project Economics and Energy Conservation T~e proposed sewer will enable the District to, take out of ~ service an overloaded pump station and replace it with a more economical·, reliable system. The project energy costs, as well as other costs are enumerated as fol.lows: ENERGY CONSUMPTION (Per Year) Old Pump Station ltilowatt hours/electricity · 500,000 Cost @ 3¢/kilowatt hour SlS,000 CU.bic feet of natural. qas 4 million Barrels of oil 1·>600 New PUJnl? Sta'Cl.on 630,000* $20,000 S.3 million 2,lSO Gravit:;tf L.ine 0 0 0 0 *'?he o.ld pump station is now pumpinq about 85t of. the· expected averaqe daily flows. The new pump station is sized to pomp 100% 0£ the averaqe daily flows. ECONOM:CCS capital Cost Energy (per year) Maintenance (per year) Summation 0£ Annual Cost Savine; of· Gravity Sewer New Pump Station and New Barrel of Jamboree Trunk $514,000 20·, 000 ll.,000 $ 66,SOO Gravity Line $537,000 0 2,000 $ 36,000 30,SOO capital Recovery !'aetor x 30,SOO savinqs/year @' 6i fer SO yea.rs =-·$8,SS0,000 By not buiidinq a new pump station the Distl:ict wil.l save. $20,000 a year in power costs and $9., 000 a year in maintenanc:e costs over a project li.fe of SO years. This represents a savinqs to the District 0£ $8,SS0,000. 6 ORDINANCE NO. 510 AN URGENCY ORDINANCE OF THE BOARD OF DIREC- TORS OF COUNTY SANITATION DISTRICT NO. 5 OF ORANGE COUNTY, CALIFORNIA, AMENDING ORDI- NANCE NO. 508 ESTABLISHING SEPARATE ZONES FOR DRAINAGE AREAS WITHIN THE DISTRICT, ESTAB- LISHING A SCHEDULE OF FEES FOR ISSUANCE OF SEWER CONNECTION PERMITS, AND TEMPORARILY SUSPENDING THE ISSUANCE OF SEWER CONNECTION PERMITS WITH THE EXCEPTION OF CERTAIN SPECI- FIED PROJECTS WHEREAS, the use of District sewage facilities are generally regulated by the provisions of Ordinance No. 508; and, WHEREAS, in recent years, great amounts of residential, commercial, office and industrial development have occurred within the District; and, WHEREAS, the District's Chief Engineer has prepared a report establishing that existing trunk sewer facilities in certain areas of the District are operating at maximum capacity; and, WHEREAS, the District has determined that the area designated as the Big Canyon -Jamboree Road Drainage Area presently has approximately 400+ acres of ·undeveloped land, for which plans are being formulated and considered for development of approximately 1400 new residential dwelJing units and approxi- mately 650,000 square feet of commercial and office space; and, WHEREAS, the District has completed a study of necessary facilities in the Big Canyon -Jamboree Road Drainage Area, in order to provide sewer service to the lands to be developed in the future; and, WHEREAS, the District determines that the sewer service needs through- out the District vary considerably; and, WHEREAS, District has adopted a schedule of fees to be paid for connecting to the District facilities, which fees are used by District to pay for costs of construction of trunk sewers and facilities; and, 1 WHEREAS, the District has determined that the cost of construction of additional necessary trunk sewer facilities will be unable to be met if the present connection fee schedules, used to finance such projects, remain unchanged; and, WHEREAS, the creation of separate zones within the District will allow for better planning and development of the sewage facilities; and, WHEREAS, the District determines that until such time as necessary additional sewage facilities are constructed within the Big Canyon -Jamboree Road Drainage Area, no further permits shall be issued for sewer connections in order to prevent sewage overflows that could endanger the public health, safety and welfare unless the project requiring such a permit is one of the hereinafter described projects which the District has determined to have substantially completed its planning and processing approvals with the City of Newport Beach and which, in fairness, justifies the granting of a sewer connection permit; and, WHEREAS, the Harbor Ridge Residential Development, shown and identi- fied as Area Ill on Exhibit "B", is such a project in which 245 units of 329 planned dwellings have been completed; and for which all planning is completed and all building permits may be issued for the remaining 81/. dwelling units pursuant to an approved record final tract map; and, WHEREAS, the Harbor Hill Development, shown and identified as Area 112 on Exhibit "B", is such a project consisting of lf.1 single family dwelling units for which a final tract map has been approved and all planning has otherwise been completed; and, WHEREAS, the Sea Island Development, shown and identified as Area 118 on Exhibit "B", is such a project consisting of 132 dwelling units for which planning and zoning approvals are substantially completed; a tentative sub- division map is approved, and which has· already completed 8596 of its project grading pursuant to a plan approved by the City; and, 2 WHEREAS, the Big Canyon Area Development, shown and identified as Area 1113 on Exhibit "B", is such a project for which a maximum of 10 custom building sites are remaining to be built upon and for which all planning has been completed and a final tract map recorded; and, WHEREAS, the Civic Plaza Development, shown and identified as Area /112 on Exhibit "B", is such a project which consists of commercial development of approximately 235,000 square feet in area for which aJ1 planning and land use approvals for approximately 3096 thereof or 75,000 square feet have been received including a final parcel map; and, WHEREAS, the Pacific Mutual Development, shown and identified as Area fl 11-South on Exhibit "B", is such a project which consists of commercial development of approximately 245,000 square feet in area which has completed all planning, zoning and land use approvals including a final record parcel map; and, WHEREAS, the Pacific Mutual project is located within the Zone 2 drainage area but is uniquely located to enable it to obtain sewer service through an alternate facility-namely, the City of Newport Beach Newport Center Drive collection line; and, WHEREAS, the District finds that the Pacific Mutual site should remain within Zone 2 to insure sound engineering and equitable financial planning, notwithstanding that an alternate source of sewage disposal may be available from its site, although ultimately connecting to the District's facilities; and, WHEREAS, the Baywood Development shown and identified as Area 116 on Exhibit "B", is such a project consisting of 68 residential dwelling units for which planning, zoning and land use, including parcel map, approvals are substantially complete; and, WHEREAS, the Ford Aeroneutronic Development, shown and identified as 3 Area 1114 on Exhibit "B", is such a project which consists of proposed commercial development of 331,000 square feet in area of which all planning and land use approvals, including a final record parcel map have been received for approxi- mately 1596 thereof or 50,000 square feet for a single warehouse structure; and, WHEREAS, the District has determined that the existing capacity in the existing trunk sewer facilities will accommodate the above-referenced excepted projects for a short interim period until the additional facilities are constructed. NOW, THEREFORE, the Board of Directors of County Sanitation District No. 5 of Orange ·county, California, DOES HEREBY ORDAIN: Section 1: Ordinance No. 508 is hereby amended by adding Section 10 3 thereto to read: "103. The District is divided into three (3) separate zones for purposes of development and regulation of sewage facility use. Said zones are established as follows: Zone 1: All that territory within the District exclusive of that territory within Zones 2 and 3; Zone 2: Zone 3: All that certain territory described as the Big Canyon - Jamboree Road Drainage Area; All that certain territory described as the Newport South Coastal Area. The precise boundaries of each of the above zones are set forth and shown on Exhibit "A", incorporated herein by this reference." Section 2: Section 402 of Ordinance No. 508, as amended by Ordinance No. 509, is hereby amended to read: "l/.02. DISTRICT NO. 5 CONNECTION CHARGES 1. District Connection Charges Before any connection permit shall be issued, the appli- 4 cant shall pay to the District, or its agent, the charges specified herein. (a) For each new family dwelling building constructed, the connection charges shall be: Zones 1 and 3 -$250.00 per dwelling unit. Zone 2 -$850.00 per dwelling unit. (b) For all other new construction, including but not limited to commercial and industrial buildings, hotels and motels and public buildings, the connection charges shall be: Zones l and 3 -$130.00 per 1,000 square feet of floor area contained within such construction, pro- vided that the minimum connection charge for such new construction shall be $130.00. Zone 2 -$440.00 per 1,000 square feet of floor area contained within such construction, provided that the minimum connection charge for such new con- struction shall be $440.00. (c) For new construction replacing former buildings, the connection charge shall be calculated on the same basis as provided in paragraphs (a) and (b) above. H such replacement construction is commenced within two years after demolition or destruction of the former building, a credit against such charge shall be allowed, calculated on the basis of the current connection charge applicable for the new construc- tion of the building demolished or destroyed. In no 5 case shall such credit exceed the connection charge. (d) In the case of structures where further new con- struction or alteration is made to increase the occupancy of family dwelling buildings or the area of buildings to be used for other than family dwelling buildings, the connection charge shall be Zones 1 and 3 -$250.00 for each dwelling unit added or created. Zone 2 -$850.00 per dwelling unit. In the case of new construction other than family dwelling buildings, it shall be: Zones 1 and 3 -$130.00 per 1,000 square feet of additional floor area contained within such new construction provided that new construction shall contain additional fixture units. Zone 2 -$44-0.00 per 1,000 square feet of additional floor area contained within such new construction provided that new construction shall contain ad- ditional fixture units. (e) Payment of connection charges shall be required at the time of issuance of the building permit for all construction within the District, excepting in the case of a building legally exempt from the require- ment of obtaining a building permit in the City of Newport Beach. The payment of the sewer con- nection charge for such exempt buildings will be required at the time of or prior to the issuance of a 6 plumbing connection permit for any construction within the District. (f) A schedule of charges specified herein will be on file in the office of the Secretary of the District and the Building Department of the City of Newport Beach.'' Section 3: Ordinance No. 508 is hereby amended by adding Section ll-03 thereto to read: "403.SUSPENSION OF ISSUANCE OF CONNECTION PERMITS-ZONE 2. Notwithstanding any provision of this Ordinance or Ordinance No. 508 to the contrary, no connection permit for connection to the District 5 facilities shall be issued for any building located within Zone 2 after the effective date of this Ordinance, except as provided below. Exception: In recognition of and based upon the findings red ted herein- above, the following projects within Zone 2 are excepted from the provisions of this Section and will be entitled to a connection permit subject to the payment of connection charges as prescribed in Section 402: 1. The Harbor Ridge Residential Development-Area 111. 2. The Harbor Hill Residential Development-Area 112. 3. The Sea Island Residential Development-Area //8. 4. The Big Canyon Residential Development-Area /113. 5. The Pacific Mutual Commercial Development-Area 1111-South. 6. The Civic Plaza Commercial Development-Area 1112. A maximum of 75,000 square feet are excepted. All remaining proposed development consisting of approximately 160,000 square feet is governed by the temporary suspension. 7 7. Baywood Residential Development-Area 116. 8. Ford Aeroneutronic Development-Area 1114. A maximum of 50,000 square feet are excepted. All remaining proposed development consisting of approximately 181,000 square feet is governed by the temporary suspension. All of the above project developments are identified by name and shown on the map attached hereto as Exhibit "B" and incorporated herein by reference. Exception: The owner or developer of any property subject to the temporary suspension provided by this Ordinance may submit an application to the Board of Directors for a specific exception based upon providing interim or alternative facilities or methods of disposing of the project wastewater. The granting of any such specific exception shall be based upon a finding that the alternate facilities or methods are in accordance with all requirements of the District, the County Health Department, the Santa Ana Regional Water Quality Control Board, the State Water Resources Control Board and any other regulatory body having jurisdiction over District operations, and finding further that the District reasonably expects to have permanent additional facilities available to serve the project in a known period of time." Section 4: It is hereby declared to be the intent of the Board of Directors of this District that the temporary suspension of issuance of connection permits as provided in Section 403 will be repealed by action of the Board of Directors at the time of awarding a construction contract that will provide the needed additional sewage facilities within Zone 2. Section 5: It is hereby declared to be the intent of the Board of Directors that the temporary suspension imposed by this Ordinance shall qualify for the 8 tolling provisions of Government Code Section 66452.6(a). Section 6: Ordinance No. 509 is hereby repealed. Section 7: If any provision or section of this Ordinance is declared to be unlawful, invalid or in any manner unenforceable, then each and every other provision herein shall remain in force as though enacted independently. Section 8: This Ordinance is adopted as an urgency measure and shall take effect immediately upon its adoption· as a measure necessary to preserve the public health, safety and welfare. The facts constituting the urgency are that the existing trunk sewer facilities are operating at maximum capacity and the connection of any additional buildings will most certainly cause overflows of sewage into the public domain. During the rainy season of winter, 1979, certain limited overflows did occur, and with the pending wet weather, it is necessary to take all available measures to insure that no overflows occur that could in ju re the health of humans. The Secretary of the Board is directed to certify to the adoption of this Ordinance and cause it to be published in a newspaper of general circulation within the County. PASSED AND ADOPTED at an adjourned regular meeting of the Board of Directors of County Sanitation District No. 5 of Orange Collllty, California, this 15th day of January, 1980. A'ITEST: Secretary of the Board of Directors County Sanitation District No. 5 of Orange County, California 9 Chairman of the Board of Directors County Sanitation ·District No. 5 of Orange County, California STATE OF CALIFORNIA) COUNTY OF ORANGE ) I, J. WAYNE SYLVESTER, Secretary of the Board of Directors of County Sanitation District No. 5 of Orange County, California, do hereby certify that the above and foregoing Ordinance No. 510 was passed and adopted at an adjourned regular meeting of said Board on the 15th day of January, 1980, by the following vote, to wit: AYES: Directors Paul Ryckoff, Donald Strauss and Thomas F. Riley NOES: None ABSTENTIONS: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand this 15th day of January, 1980. J. Wayne Sylvester . Secretary of the Board of Directors County Sanitation District No. 5 of Orange County; California ·~- :.Jmng provisjons of Government Code Section 66452.G(a). Section 6: Ordinance No. 509 is hereby repealed. Section 7: H any provision or section of this Ordinance is declared to be unlawful, invalid or in any manner unenforceable, then each and every other provision herein shall remain in force as though enacted independently. Section 8: This Ordinance is ·adopted as an urgency measure and shall take effect immediately upon its adoption as a measure necessary to preserve the public health, safety and welfare. The facts constituting the urgency are that the existing trunk sewer facilities are operating at maximum capacity and the connection of any additional buildings will most certainly cause overflows of sewage into the public domain. During the rainy season of winter, 1979, certain limited overflows did occur, and with the pending wet weather, it is necessary to take all available measures to insure that no overflows occur that could injure the health of humans. The Secretary of the Board is directed to certify to the adoption of this Ordinance and cause it to be published in a newspaper of general circulation within the County. PASSED AND ADOPTED at an adjourned regular meeting of the Board of Directors of County Sanitation District No. 5 of Orange County, California, this 15th day of January, 1980. ATI'EST: J. Wayne Sylvester Paul Ryckof f Chairman of the Board of Directors County Sanitation District No. 5 of Orange County, California Secretary of the Board of Directors County Sanitation District No. 5 of Orange County, California ' .. tolling provisions of Government Code Section 66452.Mu). Section 6: Ordinance No. 509 is hereby repealed. Section 7: If any provision or section of this Ordinance is declared to be unlawful, invalid or in any manner unenforceable, then each and every other provision herein shall remain in force as though enacted independently. Section 8: This Ordinance is· adopted as an urgency measure and shall take effect immediately upon its adoption as a measure necessary to preserve the public health, safety and welfare. The facts constituting the urgency are that the existing trunk sewer facilities are operating at maximum capacity and the connection of any additional buildings will most certainly cause overflows of sewage into the public domain. During the rainy season of winter, 1979, certain limited overflows did occur, and with the pending wet weather, it is necessary to take all available measures to insure that no overflows occur that could injure the health of humans. The Secretary of the Board is directed to certify to the adoption of this Ordinance and cause it to be published in a newspaper of general circulation within the County. PASS ED AND ADOPTED at a special meeting of the Board of Directors this __ day of--------' 1980. TLW:pj CSD-Ordi. D-1 01/15/80 Chairman Secretary 9 ( ( McDoNOUGH,HOLLAND&ALLEN MARTIN McDONOUGH ALF'RED E. HOLLAND DENNIS D. O'NEIL DAVID W. POST A PROF'ESSIONAL CORPORATION ATTORNEYS F'ELUC S. WAHRHAF"TIG (ID09•1969) \.,./ :~~!!L~:~~:F' SUSAN K. EDLING NEWPORT BEACH OF'F'ICE JOSEPH E. COOMES, JR. WILLIAM G. HOLLIMAN, JR. DAVID J. SPOTTISWOOD ELMER R. MALAKOF'F' RICHARD W. NICHOLS DONALD C. POOLE RICHARD W. OSEN RICHARD E. BRANDT BRUCE McDONOUGH ALICE A. WOODYARD MICHAEL T. F'OGARTY D. WILLIAM DENTINO ANN H. MORRIS DAVID F'. BEATTY HARRY E. HULL, JR. RICHARD L. DECOSKY, JR. JEF'F'RY R. JONES WILLIAM L. OWEN 555 CAPITOL MALL, SUITE 950 SACRAMENTO, CALIFORNIA 95814 (916) 444-3900 May 20, 1980 4041 MACARTHUR BOULEVARD, SUITE 190 NEWPORT BEACH, CALIF'ORNIA 92660 (714) 833•2304 IN REPLY REF'ER TO: GARY F'. LOVERIDGE G. RICHARD BROWN Madam Chairman and Members of the Board Orange County Sanitation District No. 5 Post Office Box 8127 Fountain Valley, California. 92708 . . FILED .lri the Office of the Secretary : County !-"ltatlon District No ......... _ .. ______ _ MAY 201980 ,.,~ Re: Request for exception of the Daon.condominium site (so· units)· f:rom Ordinance· Na·. 51:0· Madam Chairman and Members: On January 15, _1980, the Sanitation District No. 5 Board adopted Ordinance No. 510 temporarily suspending the issuance of sewer connection permits for certain pro]ects located within the Big Canyon-Jamboree Road drainage a~ea. The reason· given for.the "moratorium" was that.the existing trunk sewer facilities in the area are operating at maximum capacity. Certain projects were excepted from.Ordinance No. 510 as it was felt that those projects had substantially qompleted the planning and processing approvals with the City of Newport Beach. The Daon 300-unit residential subdivision is located on the Ford Aeronutronic site within the Big.Canyon-Jamboree Road drainage area, and is accordingly subject to the moratorium.ordinance. Even though.the Daon subdivision had received all of its discretionary approvals from the City of Newport Beach (City Council approval August 27, 1979) at the time of the moratorium, the project was not excepted from Ordinance No. 510. The reason given for not excepting the Daon project remains unclear. · · Regardless of the method.and reasoning which was used in determini~g those projects w~ich would be excepted and those which would not, the fact of the matter is that the Daon project was not excepted, even though in our opinion it qualified equally with the projects which were excepted. Nevertheless, on February 27, 1980, in a spirit of cooperation, Daon agreed to advance the sum of $400,000 to I·· . -.....,,; ( Sanitation District No. 5 May 20, 1980 Page Two ( help pay the construction costs for a new sewer facility. to alleviate the inadequate capacity problem at the Jamboree Road pump station. A cash payment of $50,000 against this sum was made to the District on March 18, 1980, in.order to assist with certain up-front planning and EIR costs asso- ciated with the new sewer facilities. The balance of $350,000 will be paid to the District when the construction contract is awarded. In retrospect, Daon realizes now that it would have probably been appropriate at the time Ordinance No. 510 was adopted to request at least a partial exception of the Daon project. The corner of Jamboree Road and Ford Road is planned as a SO-unit condominium site. This corner property naturally gravity flows to the existing Sanitation District No. 5 facilities. It makes good engineering sense for these 50 condo units to receive service from District 5. Also, by having this wastewater drain to Sanitation District No. 5, an on-site pump station is eliminated, thereby saving ongoing maintenance and operation costs for the City of Newport Beach. Based on the foregoing, I am on behalf of Daon Corporation respectfully requesting ~he Sanitation District Board No. 5 to amend Ordinance No. 510 to except the SO-unit condominium site from. the temporary suspension of sewer permits. I would appreciate it if the Board would refer this matter to the staff. for report back and action at your next regularly scheduled meeting to be held on June 11, 1980. vz.;;µ Dennis D. O'Neil DDO:mh cc: Michael K. Ryan, Daon Corporation . COUNTY SANITATION DISTRICTS OF ORANGE COUNTY, CALIFORNIA P. 0. BOX 8127, FOUNTAIN VALLEY, CALIFORNIA 92708 10844 ELLIS AVENUE (EUCLID OFF-RAMP, SAN DIEGO FREEWAY) May 15, 1980 ·NOTICE OF ADJOURNED REGULAR MEETING DISTRICT NO. 5 TUESDAY, MAY 20, 1980 -4:00 P.M. NEWPORT BEACH CITY HALL ANNEX UPSTAIRS CONFERENCE ROOM 3300 NEWPORT BOULEVARD NEWPORT BEACHJ CALIFORNIA TEL.EPHCN ES: AREA CODE 714 540·2910 962-2411 Pursuant to adjournment of the regular meeting of May 14, 1980, the Board of Directors of County Sanitation District No. 5 will meet in an adjourned regular meeting at the above hour and date for further consideration of matters relative to service for the Big Canyon drainage area. JWS:rb COUNTY SANITATION DISTRICTS OF ORANGE COUNTY, CALIFORNIA P. 0. BOX 8127, F'OUNTAIN VALLEY, CALIF'ORNIA 92708 10844 ELLIS AVENUE (EUCLID OFF-RAMP, SAN DIEGO FREEWAY) May 15, 1980 ·NOTICE OF ADJOURNED REGULAR MEETING DISTRICT NO. 5 TUESDAY, MAY 20, 1980 -4:00 P.M. NEWPORT BEACH CITY HALL ANNEX UPSTAIRS CONFERENCE ROOM 3300 NEWPORT BOULEVARD NEWPORT BEACHJ CALIFORNIA TELEPHONES: AREA CODE 714 540-2910 962-2411 Pursuant to adjournment of the regular meeting of May 14, 1980, the Board of Directors of County Sanitation District No. 5 will meet in an adjourned regular meeting at the above hour and date for further consideration of matters relative to service for the Big Canyon drainage area. JWS:rb I ... NAME : I DISTRICT NO. 5 ADJOURNED REGULAR MEETING MAY 20 , 1980 -4 :00 P .M . Newport Beach Ci ty Hall ATTENDANCE ROSTER • -I • REPRESENTING : DAD 1'l c.ePf>. T;t fl/\} c;~[bw,_ (4/~~r )JP/. OC2AC1-r P..u. o~~ ~TtW,~~~(t' c.J.b . u1~L-~t0£S D l'e-~ o c..s D CJ cs ;J OC,5!) _ {{Ov N ~tr 6 F pe Fh-J&S /IL ·. ME ETIN G DATE DIST RICT 1 May 2 0 , l 9 BO T IM E 4 :00 p .m. DISTRICT S 5 JO I NT BOARDS -.-N.-e-wp_o_r....,.t~Be_a_c~h-Ci-· t-y-Hall (SA LTARELLI) ··SHARP·······. (YAMAMOTO)··· -WAR D,J •..••.. ------ (RILEY)······ ·ANTHONY·· ••.. ------ (C RANK ) •••• ···HUT CHISON····========= DISTRICT 2 ! FRIED) •..•••• WEDAA ••••••.• ECK ENRO DE ) ... HO LT ••..•.... ------ WIN TE RS) ...•. BORNHOFT ....• ------ GAMBINA) ..•.. FOX ...•.•••.. ------ HELT ON) •.•... KA WANAMI •.•.. ------WIED E ~) ...... MILLE R ....•.. ------ CU LVE R) •.•... PERRY .......• ------S EYMOU ~) .•.•. RO TH .••••••.• ------ BEAM) •.•..••• SMITH ....•... ------ HOLLINDE N) ... STANT ON •••.•. ---- CORBET"() •..•• WA RD ,,B ••••.•• ------ WARD ,J ) ...... YAMAMOTO •.••. :::::======== DISTRI CT 3 ~CO L LI~S ) ••... VAN DYK E ....• ROWAN ..• , ••. EVANS., •••.•. ------ HOLL I NDEN l AD LE R ------ ROGET) •.•• :: :coRBE:Tr ::::: :------ PERR Y) •..•..• CU LVER •••.... ------ KI RKPATR IC K) .FIN LAYSON ..•. ------ MAND IC ) ..•... FIN LEY .•••... ------ FOX) ..•.••.•. IS LE S •.•..••. ------ DAV IS) •...... REESE .•..•.••. ------ ~SEYMOU R ) ..•.. ROTH •....•.•. ------ ! LASZLO) •.•... SEI TZ ••.•.... ------ ZOMMICK) ..... S.Y LVIA •..•... ------ ROMAGNINO) .•• WHEELER ••••.. ------ MILLER)·· •.•. WIEDER· •.•.•• ------ BORNHCFT ) ..•• WINTERS ······========= \'IARD,J) •• · •. -YAMAMOTO· •.. ·--__ DISTRICT S }MAURER)······ HEATHER· .•.•• 1/ CS TRAU SS) ..... COX .•......•. 1:7 ---- ANTHONY) •.•.. RILEY .••••••• =:z ---- DISTR I CT 6 (CRANK)· •.• • .. HUTCH I SO N ••. , (H EATHER) ..... PLUMMER ... · .•. ------ (R ILE Y) ••...•. ANTHONY .•...• ------ DI STRICT 7 ~B EA M) ..•..•.• SM! TH ...•..•. (SALTARELLI) •• EDGAR ••.••.•. ------ (HEATHER) .•••. HART .•......• ------ t IEDER) ..•.•. MIL LER ••.•.•. ------ (SI LL S) ..•...• VARDO ULI S •... ------ (HANSON) ...... WAHNER ••.•••• ------ YAMAMOTO) .•.. WARD,J .•.•••• :::::== === === Df STRICT 11 (BAI LEY)··· • • ·PATT I NSON •... ~MACALL! STER ) . BA I LEY ...•••. ------ MI LLER) ...... WIEDER ••.••.. :::::======== 5/14 /80 (HOLLI~DEN) •• ··AD LE R······ (R ILEY) ••..•.. ANTHONY •••• ---- (t>'.ACA LLISTER) •• BAILEY . ---- (W INTERS) •.••.. BORNHOFT:: :---- (ROGET) .•.••••. CORBETT ••.• ---- (STR AUSS) .•..•. COX •••...•. ---- (PERRY)··.·.· •• CU LVER ••••• ----(SA L TA~EL LI) • •. EDGAR ..••.. ---- (ROWA N) •••••••• EVANS •••.•• ---- (Krnl<!"'ATRICK ) •• FIN LAYSON •• ---- (MA ND IC) .••••.• FINLE Y .••.• ----(GAM3Ii~A) ••.... Fo x ••.••••• ----(H E J\THE~) •••••. HART •••..•. ---- (MAUR ER)· •••••. HE ATHE R •••. ----(E CK!:N!'.OD ~) ····HO LT····· •• ----(C R.11,)~:1d ··.·.···HUTCHI SON·.---- (FOX · · · ·······I SL ES·····.----H E LTOM~ ......• KA WANAMI •. .' -·. --- WI EDER ••..••• MI LLE R •.... ---- BAILEY ···~·.··PATTINSON •• ---- CULV ER) ...•••• PERRY .•.•.• ----HEATH~R) ...... PLUMMER ••.. :::::===== DAVIS ) •..•••.• REES E •••.•• ANT HONY) •..••• RILEY •••••. ---- SEYMOUR) .•.... RO TH •••••.• ---- LASZ LO ) ••..•.• SEITZ •.•.•• ---- (SALTARELLI ) ••. SHARP .•... ·====== (BE AM) .••••.•.• SMI TH •••••• !HOLLI NDEN ) .•.• ST ANTON •... ---- ZO MM I CK) ••...• SYLVIA .••.• ----CO L LI~S) ...... VA N DYK E ..• ---- SILLS) ••••.••• VARDO ULI S •. ----~HANSON) ••••... WAHNER ••.•. ---- CORBsTT), ••..• WARD, B .... :::::== === y Al-lA/'itOTC I ••••• WARD I J •••• (FRIED) •..•.... WEDAA ••••.• ---- (R OMAGNINO) .••• WHEELER ••.• ----~M ILLE R) .....•. WIE DER •..•. ---- BORNHOFT) •.•.• WINTE RS •••. ---- WARD, J ,) ..... YAMAMOTO •. ·====== OT HE RS HAR PER·····~ __ SYLVEST ER·· LEWIS •...•. ..Jc:::::..=== CLARK E •.••. _L.. __ BROWN ••.•.• -1L... Dflwes - WOODRUFF ... V""' HOHENER .••• :::::== === HOWARD •.••• ___ _ HUNT ••••..• ___ _ KEI TH •..... ___ _ KENNEY •••.• ___ _ LYNCH .•••.. ___ _ MADDOX ...•• ____ _ MAR T I NSON .. ___ _ PIERSALL •.• ___ _ STEV ENS •••• ___ _ TRAV ER S •..• ___ _ ,_.._a) (2) DISTRICT 5 ADJOURNED MEETING NOTES 5/20/80 Rita Brown appointed Secretary pro tern. Chairman Heather requested that everyone present introduce themselves which they did. REL then advised that he would review the development and scheme of the District for the Big Canyon area from day one. In 1964 first Master Plan compiled. Supplemented it in 1969 with Interim Master Plan report. Pumping station placed in operation in 1959 as interim system. Added pumps when injector system didn't work. Facility cannot be adde d onto now to get any more capacity. Made an environmental impact assessment in 1975 and 76 . Submitted it along with other conditions after conversations with interested parties and other agencies such as Coastal Commission, Friends of the Bay, etc. At the time thought we were ready to apply for permit. The Board of Directors, on staff's recommendation, to meet required dates to construct from September 1 to November 1, procured pipe ahead of time so contractor would not have long delays in procuring for gravity system. We then became aware that the Negative Declaration couldn't suffice with regard to CEQA requirements and an EIR was prepared. Draft EIR dated 1979 and was then finalized. Application to Coastal Commission was approved at regional level. Appealed to State and at State level was denied. Was denied on the basis that it impacted endangered species and that there was an alternate method of disposal which was a new pump station. Staff then went back and evaluated other alternatives--(1) gravity Back Bay line which was not viable because of denial of Coastal Commission (2) construction of new pumping station and (3) a tunnel beginning at Big Canyon and Jamboree intersection to John Wayne Tennis Club, 4000 ft. tunnel. The respective costs of these were $750,000; $1,000,000 and $2,500,000. Based on those three alternatives, it was felt that since considerable time had elapsed and perhaps conditions had changed so EIR previously approved by Directors should be re-evaluated with a Supplemental EIR. ·The EIR was prepared in draft form and copies were forwarded to Directors for today's agenda. Advised that we have encountered problems with the pumping station and staff does not feel that we could continue to accommodate development in the area tributary to the pump station without jeopardizing the system itself. There is no reliability. Have two pumps; one runs 24 hours per day and the other 2 or 3 hours per day. Have had some power outages. Very few sewer overflows but have been some. Said earlier this year the Board of Directors considered temporary suspension of sewer permits until resolution of what alternative would be selected and constructed to handle sewage in this area. The District was divided into three zones as shown .on map (referred to map on wall). Zone 2 is Big Canyon - Jamboree Drive drainage area that is tributary to system under discussion. -Zone 3 has no development at the present time. Zone 1 is the balance of the area. Advised that the rationale behind this was that the new developments would share basically in the cost of implementing any new program that would be required for Zone 2. District's ordinance for connection charges states that the temporary suspension is until a contract is awarded for a new facility. ~uJ Director Maurer stated that REL mentioned that the ~~ system was denied. Asked, do you feel that there is a possibility that it would not be denied now? REL answered that the staff feels that because of the high cost of energy, the gravity sewer should make the most sense. It is the most economical with regard to long-range operating costs also. The mitigation measures in the permit from the Regional Coastal Commission contained over 20 provisions. Said we felt that the permit had enough mitigation for the construction. ( Director Heather stated she thought we should go forward with the strongest documentation that we can. Thinks that energy will kind of turn the tables for us. ' Riley asked The Irvine Company to respond to the feeling that certain former Directors had that The Irvine Company could change the decision of the Coastal Commission if they could make certain conditions. Irvine Company just answered that that was the conjecture. Heather said it is at a crisis point. Asked if supplemental EIR was addressing itself to gravity sewer? REL advised that EIR has to address itself to all alternatives. Referred to staff report attached to agenda. Tried to set out schedule. It does not appear that we can physically go through the CEQA process and procure Coastal permit in sufficient time to award a contract and allow contractor to start by September 1st of this year. Recognizing the fact that if the gravity sewer would go forward, we are limited to September to November, have sufficient time to re-examine this supplemental document and have it redone by this firm or another firm. Should push forward so by the first of the year can go forward at that point. /Ben Nolan stated that any environmental analysis of the alternatives should indicate that the gravity alignment is much to be preferred. Thinks the EIR should be organized to reflect that fact. Feel strongly on this and testified at Coastal Commission before. Energy is powerful argument and should be emphasized. REL referred to item 4 on agenda. Is staff's re~ommendationto engage the firm of Ball, Hunt, Hart, Brown and Baerwitz because one of their staff members worked very closely with us on the Coastal Commission before. Very knowledgeable. Suggested that if that meets with the Board's approval, staff could meet with Mr. Tebbetts and have some recommendation regarding the adequacy of the supplemental EIR or whether we should go forward with a new recommendation. Reather indicated that she would feel more comfortable if work would be done by an environmentalist firm rather than environmental lobbyist. Would hope that this is important enough to the District that we should be sure about our environmental documents so package is organized and _can't be shot down. Cox asked if the reason we could not make the September time constraint was because of the EIR. REL answered that there was not enough time even if the supplemental EIR was a polished document. Need time for CEQA, Coastal Commission and contractor bidding time. Asked if BHHB&B would be retained primarily as orchestrator or would they respond to adequacy of EIR? FAH replied that the last time they were engaged was when we were working on appeal at State level. In this particular case our thought was that they be in on what we are doing at this point -2- to see that we have all the bases covered as far as environmental requirements. In view of some of the comments from Mr . Nolan , our staff would be corning back to the Board with some recommendations at the June meeting as to what we think should be done with this .._.. report . Would discuss this with Mr. Tebbetts as we l l as other people to determine adequacy of this repo r t. We may recorrunend another person . Heather then moved to ask staff to report back on environmental documentation and subsequent consultant's efforts if we need it . Motion was seconded and carried. (3) TLW reported re financing of facilities. At the present time the District has two agreements in force. One dated May, 1976, with The Irvine Company which was undertaken in contemp l ation of the first Back Bay Drive sewer facility. Tha t agreement , while stil l in force , has no practical value anymore. It advanced $600,000 to the District for obtaining the Back Bay sewer. When rnoritoriurn ordinance was adopted by District, entered into an agreement with Daon whereby they advanced $400,000 toward District 's need of $1,000 ,000 to build facility . Fe l t the two agreemen ts would yield the $1 million to build facilities. Agreement wi th Irvine Company doesn 't make a lot of sense anymore . Seems cleaner to do a new agreement . New agreement is being reviewed by Irvine Company people now . Feel we have an agreement in principle but not one has told me yet . The Irvine Company statedthat the reason for throwi ng out the old agreement is because we would have a Jamboree Trunk Sewer alternative, AKA pump station . But is still up in the air so will stand by $600,000 agreement . Mike Banzhof, TIC attorney , said the agreement is redrafted and have reviewed it in-house. Disagreement was whether interest should be paid or not . Said they determined it was a loan and we determined it differently . At the present time inter e st is set at 4~%, the same as before. The terms are the same but revised to reflect new line. Basically money would be used for preliminary engineering work and construction. Back Bay scheduling was basically the same . TLW advised that the first .draft did not include 4~% because Daon's agreement doesn't have interest but they are aware of negotiations with Irvine Company . TLW said he wasn 't sure about repayment schedule. Would have to withhold recommendation until we see agreement . Don't think it is viable to make a commitment of their funds based on development and receipt of fees . Will make recommendation wh e n we see what TIC has . Think we coul d work this out by the June 11th meeting. No action necessary now . (4) ~iley stated he was prepared to follow the staff's recomme n dation re engagement of Ball , Hunt , Hart, Brown and Baerwit~. It was so moved , seconded and carried. (5) Other business -Dennis O 'Nei l, representing Daon , stated that since they are getting no interest on their agreement , would now like to request an exception to ordinance for 50-unit condominium site .(HA) Said when ordinance was adopted, they requested an exception for their project . Some projects qualified and some didn 't . We did not make the cut for an exception but in turning the other chee k, popped for the $400,000 to get the project started. In retrospect, would like -3- to try for connection charge exception of that portion of Daon project that gravity flows to the existing District 5 facilities . Discussed this with Public Works Director of ·City of Newport Beach. It does make good sense for this particular area of the city to drain to the Sanitation District. Said their letter is to be referred to staff to examine this and be brought back to the June 1 1th Board meeting. In the meantime , they will be gathering information to bring to the Board also . FAH said he had two concerns --capacity and the legal question of whether an exception like this could be made the way the ordinance is written . Heather asked when they thought the townhomes would be finished. Daon replied if they started tomorrow, would be about l~ years. It was then moved and seconded to refer request to staff for report back at June 11th meeting. Motion carried. It was then questioned whether this would be setting a precedent and Dennis O 'Neil said he couldn't think of any other projects that haven't already been excepted. Don't think it would be • . The Irvine Company stated that they had debated whether they might ask today for further consideration on the Civic Plaza site . That site was granted an exception on 30% of it but not the other 70 %. Debated whether to submit request today but if there is further consideration, would like to know where they stand on this also . No formal request--today . Meeting was adjourned at 4:50 p .m. -4-