HomeMy WebLinkAbout1982-07-28 BOARDS OF DIRECTORS
County Sanitation Districts r Post Office Box 8127
OF Orange County, California 10844 Ellis Avenue
Fountain Valley, Calif., 92708
r Telephwes:
DISTRICT No. 5 962-2411
A e1 ,4
AGENDA
ADJOURNED''REGULAR MEETING
WEDNESDAY, JULY 28, 1982 - 8:00 P .M.
NEWPORT BEACH CITY HALL COUNCIL CHAMBERS
3300 NEWPORT BOULEVARD
NEWPORT BEACH, CALIFORNIA
(1) Roll call
(2) Public hearing on proposed Ordinance No. 513, An Ordinance of the Board of
Directors of County Sanitation District No. 5 Amending Ordinance No. 511-
Pertaining to Sanitary Sewer Service Charges:
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(a) Open hearing 8: P rK
Staff report - �
KS(c) Receive and file written comments, if any m
(d) Oral public comment -V a -Q—
(e) t mments
(f) Close hearing%' O(o
(3) Consideration of motion to receive, file and consider adoption of County
Sanitation District No. 5 Sewer Service Charge Report for Fiscal
MI5 -83
Year 1982
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(4) Consideration of proposed Ordinance No. 513, An Ordinance of the Board of
Directors of County Sanitation District No. 5 Amending Ordinance No. 511
Pertaining to Sanitary Sewer Service Charges:
(a) Second reading of proposed Ordinance No. 513, An Ordinance of the
Board of Directors of County Sanitation District No. 5 Amending
Ordinance No. 511 Pertaining to Sanitary Sewer Service Charges:
See page "A"
(1) Consideration of motion to read Ordinance No. 513, An Ordinance
of the Board of Directors of County Sanitation District No. 5
Amending Ordinance No. 511 Pertaining to Sanitary Sewer Service
Charges, by title only, and waive reading of said entire
ordinance (must be adopted by unanimous vote of Directors
present)
(2) Discussion and comments, if any
ROLL CMI VOTE„-___.o(3) Consideration of roll call vote on Ordinance No. 513, An
Ordinance of the Board of Directors of County Sanitation District
No. 5 Amending Ordinance No. 511 Pertaining to Sanitary Sewer
Service Charges
M!S (b) Consideration of Resolution No. 82-112-5, directing the County
Auditor-Controller to include sewer service charges on 1982-83
Roll call Vote of Cast property tax bills for collection, pursuant to Ordinance No. 513, An
Unanimous Mot Ordinance of the Board of Directors of County Sanitation District
`rd No. 5 Amending Ordinance No. 511 Pertaining to Sanitary Sewer Service
Charges. See page "B"
(5) Ot'her sinessa communications, if any
(6) Consideration of motion to adjourn,?, $
-2-
y
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ORDINANCE NO. 513
AN ORDINANCE OF THE BOARD OF DIRECTORS OF COUNTY
SANITATION DISTRICT NO. 5 OF ORANGE COUNTY,
CALIFORNIA, AMENDING ORDINANCE NO. 511 PERTAINING
TO SANITARY SEWER SERVICE CHARGES
The Board of Directors of County Sanitation District No. 5 of Orange
County, California, does hereby ORDAIN as follows:
Section 1: Table A, as adopted by Section 2 of Ordinance No. 511, is
hereby amended to read:
"TABLE 'A'
SINGLE UNIT PARCELS
CONNECTED METER SIZE 1982-83 ANNUAL FEE
1" or less $ 26.40
1h" 52.50
2" 105.00
3" 210.00
4" 420.00
6" 840.00
8" 1,680.00
If a parcel contains more than one water meter,
then the charge applicable to each meter shall
be added together, and the sum levied against
the parcel."
MULTI-UNIT PARCELS
PER UNIT 15.85
Section 2: This Ordinance shall become effective upon its adoption by a
vote of two-thirds of the members of the Board and its publication, as provided
in Section 3.
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Section 3: The Secretary shall certify to the adoption of this Ordinance
and shall cause the same to be published in a newspaper of general circulation
of the District as required by law.
PASSED AND ADOPTED by the Board of Directors of County Sanitation District
No. 5 of Orange County, California, at an adjourned regular meeting held the
28th day of July, 1982.
/s/ Jacqueline E. Heather
Chairman of the Board of Directors
County Sanitation District No. 5
of Orange County, California
ATTEST:
/s/ J. Wayne Sylvester
Secretary of the Board of Directors
County Sanitation District No. 5
of Orange County, California
STATE OF CALIFORNIA)
) SS.
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. 513 was passed and adopted at an adjourned
regular meeting of said Board on the 28th day of July, 1982, by the following
vote, to wit:
AYES: Directors Jacqueline Heather, John C. Cox, Jr. and
Thomas F. Riley
NOES: None
ABSTENTIONS: None
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand this 28th day of July,
1982.
J. Wayne Sylvester
Secretary of the Board of Directors
County Sanitation District No. 5
of Orange County, California
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COUNTY SANITATION DISTRICT NO. 5
OTHER SUPPORTING DOCUMENTS
1982-83 USER FEE HEARING
JULY 28, 1982
June 7, 1982 Yellow Staff report and recommendation
re 1982-83 user fees
June 30, 1982 White Notice of workshop/hearing re
proposed 1982-83 fees mailed
to all property owners with more
than 3 units
June 30, 1982 Green Press Release
July 7, 1982 Buff Press Release
July 8, 1982 White Staff response to letter from
Marcus M. Kaufman
Various Blue Sample display ad
COUNTY SANITATION DISTRICTS
r of ORANGE COUNTY,CALIFORNIA
P.O. BOX 8127
10844 ELLIS AVENUE
FOUNTAIN VALLEY, CALIFORNIA 92708
�., (714) 540-2910
(714) 962-2411
June 17, 1982
STAFF REPORT
TO: District 5 Board of Directors
SUBJECT: 1982-83 User Fees
1981-82 User Fees
Last year the following user fee program was proposed to make up the shortfall
of ad valorem tax revenues and provide needed additional financing for
operations and major rehabilitation work on the sewer system:
CONNECTED 1981 CHARGE ESTIMATED 1982-185 CHARGE
METER SIZE MONTHLY AVERAGE ANNUAL FEE MONTHLY AVERAGE ANNUAL FEE
1" or less $ 2.20 $ 26.40 $ 3.90 $ 46.80
11411 4.37 52.50 8.02 96.25
2" 8.75 105.00 16.04 192.50
3" 17.50 210.00 32.08 385.00
4" 35.00 420.00 64.16 770.00
6" 70.00 840.00 128.33 1,540.00
8" 140.00 1,680.00 256.66 3,080.00
All property owners in the District were notified of the proposed fee and after
a series of public workshops and hearings the Board adopted the above 1981 rates
for fiscal year 1981-82.
Multiple Unit Properties
Because of the short time frame for implementing the financial plan it was not
possible to identify all the multiple unit properties within the District. The
Board directed the staff to develop an equitable fee structure for multiple
units to be considered for adoption in 1982-83. We have analyzed the properties
within the District with more than one unit and find that there are 4,243
parcels containing a total of 13,392 multiple units as summarized on the
attached Exhibit "A".
Based on existing studies, a generally accepted average sewage discharge from
multiple dwelling units is approximately 60% of a detached single family
residence. Applying this to the current rate of $26.40, the multiple dwelling
rate would be $15.85.
Staff Report
Page Two
June 17, 1982
1982-83 Recommended User Fees
We recommend the same 1981-82 single user rate of $26.40 for 1982-83 and
adoption of a multi-unit rate at 60% ($15.85) of the single rate. At the
moment, the District is in a better financial position than expected at this
time last year. This is because of extremely favorable bids on construction
contracts awarded during 1981-82, a delay in completion of the new advanced
treatment plant facilities and the resulting avoidance of increased operating
costs, higher than expected interest earnings on reserves, and purchase of
additional capacity by SAWPA.
Staff has prepared a preliminary projection of the District's 1982-83 cash flow
(see Exhibit "B") . Based upon these estimates it appears as if the District
could forego the projected doubling of the user fee for 1982-83 that was
anticipated when the plan was developed last year.
PROPOSED 1982-83 RATES
SINGLE UNIT PARCELS
(Same Fee as 81-82)
CONNECTED 1982-83 CHARGE
METER SIZE MONTHLY AVERAGE ANNUAL FEE
1" or less $ 2.20 $ 26.40
11/t" 4.37 52.50
2" 8.75 105.00
3" 17.50 210.00
4" 35.00 420.00
6" 70.00 840.00
8" 140.00 1,680.00
MULTI-UNIT PARCELS
(New Fee)
PER UNIT $ 1.32 $ 15.85
Although the new multi-unit rate may result in a substantial fee increase for
properties with a large number of dwellings, over 93% (land with less than four
units) would pay less than was originally expected for a single unit parcel in
1982-83 ($46.80) when the program was approved last July.
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6/17/82 Rev.
EXHIBIT "A"
SUMMARY OF MULTIPLE UNIT PARCELS
(Excludes Hotels)
NO. OF UNITS TOTAL NO. OF ESTIMATED ANNUAL
PER PARCEL PARCELS TOTAL NO. OF UNITS USER FEE INCOME
2 3,662 7,324
3 289 867
4 88 352
5 34 170
6 24 144
7 12 84
8 17 136
9 3 27
10 7 70
11 or more 107 4,218
Total 4,243 13,392 $212,263
Single Unit Parcels 588,948
Estimated Total 1982-83 User Fee Income $721,211
6/13/82
EXHIBIT "B"
COUNTY SANITATION DISTRICT NO. 5
STATEMENT OF PROJECTED CASH FLOW
FISCAL YEAR 1982-83
A B C
LINE DESCRIPTION AMOUNT
OPERATING FUND
1 Reserves & Carry-Over From Last Year 981,000
REVENUE
2 Share of 1% Tax Allocation @ 10% 1,035,000
3 Fees 358,000
4 Interest & Miscellaneous Income 126,000
5 Other Revenue
6 TOTAL REVENUE 1,519,000
7 TOTAL AVAILABLE FUNDING 2,500,000
EXPENDITURES
8 Share of Joint Works M & 0 906,000
9 Collection System M & O and Other Oper. 530,000
10 Other Expenditures
11 TOTAL EXPENDITURES 1,436,000
12 Reserves & Carry-Over to Next Year 1,064,000
13 Next Year's Dry Period Funding Requirements 920,000
14 Fund Balance or (Deficit) 144,000
CAPITAL FUND(S)
15 Reserves & Carry-Over from Last Year 6,528,000
REVENUE
16 Construction Grants 510,000
17 Fees: Connection 338,000
18 Other 363,000
19 Sale of Capacity Rights 15,000
20 Interest & Miscellaneous Income 625,000
21 Other Income --
22 TOTAL REVENUE 1,851,000
23 TOTAL AVAILABLE FUNDING 8,379,000
EXPENDITURES
24 Share of Joint Works Treatment Plant 2,710,000
25 District Collection System 1,325,000
26 Reimbursement Agreement Payments 529,000
27 Other Expenditures --
28 TOTAL EXPENDITURES 4,564,000
29 Reserves & Carry-Over to Next Year 3,815,000
30 Next Year's Dry Period Funding Requirements 2,362,000
31 Fund Balance or (Deficit) 1,453,000
" T COUNTY SANITATION DISTRICTS
F of ORANGE COUNTY,CALIFORNIA
P.O.BOX 8127
10844 ELLIS AVENUE
FOUNTAIN VALLEY.CALIFORNIA 92708
(714)540-2910
(714)962-2411
NOTICE OF PUBLIC WORKSHOP
Monday, July 12, 1982 at 7:30 p.m.
Newport Beach Police Department Auditorium
870 Santa Barbara Drive
Newport Beach
DISTRICT NO. 5 PROPOSED 1982-83 SEWER SERVICE FEES
Property at MAILED TO ALL PROPERTY OWNERS
WITH MORE THAN 3 UNITS
The Board of Directors of County •Sanitation. District No. 5 is proposing to adopt
the same single unit annual sewer service fee schedule ($26.40) for 1982-83 that
was in effect for 1981-82 (see schedule 'on back of this page) , thus delaying the
increase that was anticipated when sewer use fees were implemented last year.
However, the Board proposes to`adopt a $15.85 per unit annual fee for all
properties with multiple dwelling units, calculated at 60% of the single rate of
$26.40 per year.
Because your property has been identified as having multiple units and will be
affected by the new fee you are being notified that the proposed multi-unit
parcel fee will be assessed against the number of units indicated on the above
label. You may calculate your estimated 1982-83 sewer service fee by
multiplying the number of units by $15.85.
For example: No. of Units Annual Unit Fee Total
1 $ 26,40 - $ 26.40
2 15.85 31.70
3 15.85 47.55
4 15.85 63.40
5 15.85 79.25
10 15.85 158.50
50 15.85 792.50
The fees will be collected on the 1982-83 property tax bill.
A Public Workshop to explain the fees and answer your questions has been
scheduled for July 12, 1982 at 7:30 p.m. at the Newport Beach Police Department
Auditorium, 870 Santa Barbara Drive, Newport Beach. The Board of Directors will
then conduct a public hearing on July 28, 1982 at 8:00 p.m. at the Newport Beach
City Council Chambers, 3300 Newport Boulevard, Newport Beach.
�✓ If you have more questions or if our information on your property is incorrect
please call the Districts' office at (714) 540-2910, Extension S.
6/30/82
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COUNTY SANITATION DISTRICT NO. 5
PROPOSED 1982-83 RATES
SINGLE UNIT PARCELS
(Same Fee as 81-82)
CONNECTED 1982-83 CHARGE
METER SIZE MONTHLY AVERAGE ANNUAL FEE
1" or less $ 2.20 $ 26.40
lh" 4.37 52.50
2" 8.75 105.00
3" 17.50 210.00
4" 35.00 420.00'
6" 70.00 840.00
8" 140.00 1,680.00
MULTI-UNIT PARCELS
(New Fee)
MONTHLY AVERAGE ANNUAL FEE
PER UNIT $ 1.32 $ 15.85
COUNTY SANITATION DISTRICTS
of ORANGE COUNTY,CALIFORNIA
NEWS RELEASE P.O.BOx 8127
10844 ELLIS AVENUE
June 30, 1982 FOUNTAIN VALLEY.CALIFORNIA 92708
(714)540-2910
CONTACT: Wayne Sylvester (714) 540-2910 (714)962-2411
FOR RELEASE: Immediate
SUBJECT: ORANGE COUNTY SANITATION DISTRICT NO. 5 SEWER USE FEE
COUNTY SANITATION DISTRICTS WILL NOT HAVE TO
INCREASE SEWER USE FEE FOR NEWPORT DISTRICT
Newport Beach, Ca. - County Sanitation District No. 5 which encompasses most
of Newport Beach announced that it will not be necessary to raise sewer use fees
this year, thus deferring an increase that was anticipated when fees were
implemented last year.
Mayor Jackie Heather, District Board Chairman, said that the District is
proposing the same single sewer use rate of $26.40 for 1982-83 that was in
effect for 1981-82, and adoption of a $15.85 per unit annual fee for all
properties with multiple dwelling units, calculated at 60% of the single rate.
Commercial and industrial firms will continue to pay an annual charge
calculated on sewage volume based on water meter size at the same rate as last
year, or on monitored flow and sewage strength for large users.
The user fee program was recommended last year to the citizens of District
No. 5 to make up the shortfall of ad valorem tax revenues and provide needed
additional financing for operations and major rehabilitation work on the sewer
system. Property owners in the District were notified of the proposed fee and
after a series of public workshops and hearings the Board of Directors adopted
the program. At that time, as part of the implementation plan, the development
of a fee structure for multiple units to begin July 1, 1982 was ordered.
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District officials say they are able to defer the fee increase because of
extremely favorable bids on construction contracts awarded in 1981-82 and a
delay in completion of new advanced treatment plant facilities.
A Public Workshop to explain the fees and answer questions has been
scheduled for July 12, 1982 at 7:30 p.m. at the Newport Beach Police Department
Auditorium, 870 Santa Barbara Drive, Newport Beach. The Board of Directors will
then conduct a public hearing on July 28, 1982 at 8:00 p.m. at the Newport Beach
City Council Chambers, 3300 Newport Boulevard, Newport Beach.
COUNTY SANITATION DISTRICTS
r of ORANGE COUNTY,CALIFORNIA
P.O. BOX 8127
10844 ELLIS AVENUE
FOUNTAIN VALLEY, CALIFORNIA 92708
(714) 540-2910
(714) 962-2411
NEWS RELEASE
July 7, 1982
CONTACT: Wayne Sylvester - (714) 540-2910
FOR RELEASE: Immediate
SUBJECT: Orange County Sanitation District No. 5 Sewer Use Fee
COMPLETED SEWER JOBS HELP KEEP SANITATION
DISTRICT USER FEES FROM RISING
Newport Beach, Ca. - Two recently completed sewer jobs will help keep
Sanitation District user fees down and secure the most vulnerable link in the
Districts' backbone sewer system according to District officials.
Newport Beach Mayor Jackie Heather, District 5 Chairman, said that cost
savings from these projects is one of the reasons the District will not have
to raise sewer use fees this year. The Board is proposing to adopt the same
single unit annual sewer service fee of $26.40 for 1982-83 that was in effect
for 1981-82, thus delaying the increase that was anticipated when sewer use fees
were implemented last year. Directors are also proposing to adopt a $15.85
per unit annual fee for all properties with multiple dwelling units which is
calculated at 600 of the single rate.
The Back Bay Trunk Sewer, extending down Big Canyon and along Back Bay
Drive to Newport Dunes, was finished after more than five years of planning.
The Board of Directors had insisted, over the initial objections of some, that
the sewer be a gravity line instead of one of the alternative options proposed
by others because it would save over $270,000 in construction costs and reduce
annual operating costs $40,000 a year by eliminating pumping expenses.
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Approval of the Back Bay project, originally denied by the Coastal Commission,
was finally pushed through by the Board with the endorsement of environmental
groups and the State by enhancing this environmentally sensitive area with a
9-acre fresh water pond at the mouth of Big Canyon and recontouring and landscaping
of an old dredge pile.
Just completed is a major contract in Pacific Coast Highway between Dover
Drive and the Balboa Bay Club. This work consisted of installation of a poly-
etheline liner in an older sewer paralleling the existing major force main that
ruptured in 1981. District officials said this was the only stretch of the
Coast Highway system that did not have a backup sewer until now. This job was
constructed at a savings of $300,000 under the engineer's estimate.
Next week the District will open bids to insert the same type of liner in
the force main sewer under the Back Bay Channel adjacent to the new bridge.
This project will complete rehabilitation of the vital Pacific Coast Highway
system between Back Bay and the Arches.
The District, which encompasses most of Newport Beach, plans to rehabilitate
the older force mains from the Arches to the Santa Ana River and the main sewer
on the Balboa Peninsula over the next few years.
NOTICE OF PUBLIC WORKSHOP
MONDAY, JULY 12, 1982 at 7:30 P.M.
NEWPORT BEACH POLICE DEPARTMENT AUDITORIUM
870 SANTA BARBARA DRIVE
NEWPORT BEACH
SANITATION DISTRICT NO. 5 PROPOSED 1932-83 SEWER SERVICE FEES
The Board of Directors of County Sanitation District No. 5, which encompasses
most of Newport Beach, is proposing to adopt the same single unit annual sewer
service fee schedule ($26.40) for 1982-83 that was in effect for 1981 -82 (see
schedule below) , thus delaying the increase that was anticipated when sewer use
fees were implemented last year.
However, the Board proposes to adopt a $15.85 per unit annual fee for all
properties with mulitple dwelling units, calculated at 60% of the single rate of $26.
40 per year.
For example: No. of Units Annual Unit Fee Total
1 $26.40 $26.40
2 15.85 31.70
3 15.85 47.55
4 15.85 63.40
5 15.85 79.25
10 15.85 158.50
50 15.85 792.50
The fees will be collected on the 1982-83 property tax bill.
PROPOSED 1982-83 RATES
SINGLE UNIT PARCELS
(Same Fee as 81-82)
CONNECTED 1982-83 CHARGE
METER SIZE MONTHLY AVERAGE ANNUAL FEE
1" or less $2.20 $26.40
1 1/2" 4.37 52.50
2" 8.75 105.00
3" 17.50 210.00
4" 35.00 420.00
6" 70.00 840.00
8" 140.00 1,680.00
MULTI-UNIT PARCELS
(New Fee)
MONTHLY AVERAGE ANNUAL FEE
PER UNIT $1.32 $15.85
A Public Workshop to explain the fees and answer questions has been
scheduled for July 12, 1982 at 7:30 p.m. at the Newport Beach Police
Department Auditorium, 870 Santa Barbara Drive, Newport Beach. The Board
of Directors will then conduct a public hearing on July 28, 1982 at 8:00 p.m. at
the Newport Beach City Council Chambers, 3300 Newport Boulevard, Newport
Beach.
If you have questions please call the Districts' office at (714) 540-2910,
Extension 5.
RE: AGENDA ITEM NO. 3 COUNTY SANITATION DISTRICTS
r Of ORANGE COUNTY.CALIFORNIA
P.O BOX 8127
10844 ELLIS AVENUE
July 14, 1982 FOUNTAIN VALLEY,CALIFORNIA 92708
(714)540-2910
(714)962-2411
COUNTY SANITATION DISTRICT NO. 5
SEWER SERVICE CHARGE REPORT FOR FISCAL YEAR 1982-83
This report is prepared pursuant to the requirements of California Health and
Safety Code Section 5473.
County Sanitation District No. 5 is responsible for the collection, treatment
and disposal of sewage generated within its boundaries. These services are
essential to the protection of the health and safety of the public served by the
sewerage system. District from ad valorem taxes on real property. Future tax
revenue, estimated in reports on file in the office of the Secretary of the
District, will not provide the required funding to operate, maintain and
rehabilitate the system. Therefore, on July 1, 1982, the Board of Directors
adopted Ordinance No. 511, adopting and implementing a sewer service charge to
supplement the revenue sources beginning with the 1981-82 fiscal year.
The Board of Directors of County Sanitation District No. 5 proposes to consider
adoption of Ordinance No. 513, amending Ordinance No. 511, prescribing fees and
charges for sanitary sewer services provided by the District to be charged to
the respective parcels of property within the territorial jurisdiction of the
District for 1982-83. This report contains a description of each parcel of real
property that will receive the services of the District and have access to
utilization of the facilities, said parcels of real property being decribed by
reference to maps prepared in accordance with Section 327 of the California
Revenue and Taxation Code and on file in the office of the County Assessor,
which maps are hereby incorporated herein by reference. The Ordinance under
consideration by the governing Board of directors of the District will provide
revenues which shall be used only for the acquisition, construction,
reconstruction, maintenance and operation of sanitary sewer facilities, and
shall not be used for the acquisition or construction or maintenance of new
local street sewers or laterals as distinguished from main trunk, interceptor
and outfall sewers provided by the District.
The proposed sewer service charge for fiscal year 1982-83 to be assessed against
each user of the District's sewerage system is set forth on Table A, attached
hereto. Said table also sets forth exemption provisions. The estimated 1982-83
charge for each parcel based on the last equalized assessment roll is on file in
the office of the Secretary of the District.
If the proposed Ordinance is adopted, the Board of Directors may elect to have
such charges for the forthcoming fiscal year collected on the tax roll in the
same manner, by the same persons, and at the same time as, together with and not
separately from, the general taxes of this District and the County of Orange.
At the time stated in the notice setting the public hearing on this report, the
governing Board of Directors shall heXd
nside all, objections or protests,
if any, to said report referred to inice, may ntinue the hearing
from time to time.
wester
ut eneral Manager
TABLE 'A'
SINGLE UNIT PARCELS
CONNECTED METER SIZE 1982-83 ANNUAL FEE
1" or less $ 26.40
_ W 52.50
2" 105.00
3" 210.00
4" 420.00
6" 840.00
8" 1,680.00
If a parcel contains more than one water meter,
then the charge applicable to each meter shall
be added together, and the sum levied against
the parcel.
MULTI-UNIT PARCELS
PER UNIT $ 15.85
In recognition that certain legal parcels of real property exist within the
District which are not connected to the District system and that other
properties acquire considerably greater potable water than is ultimately
discharged to the District's system it is the intent of the District that said
parcels be exempt totally or in part from the payment of charges as prescribed
herein.
Any property owner may appeal the assessment of the charges and submit a claim
for rebate to the District on the forms prescribed and provided by the District,
within one hundred twenty (120) days after the annual property tax bills are
mailed by the Orange County Tax Collector. All applications for rebate of an
assessment will be determined by the General Manager of the District, who may
grant a partial or full rebate or adjustment of the charge based on receiving
satisfactory proof that an inequity exists between the amount or assessment and
the amount of wastewater discharged to the District's system. Such inequities
may include, but are not limited to:
a) the number of connections on the parcel differs from the assessment;
b) no service connection to the District system exists from the parcel
assessed;
c) principal water use is agricultural
d) any other use wherein the amount of wastewater discharged to the
District's system is significantly less on a regular basis than the
amount of potable water received as measured by the meter on the
property.
Pursuant to the authority granted by California Health and Safety Code Section
5473, all charges established herein shall be collected on the County Tax Roll
in the same manner, by the same persons and at the same time as, together with
and not separately from, its general taxes.
In the event District determines that errors or inequities exist in the amount
of charges to be collected by the County Tax Collector, District may submit a
bill for any difference directly to the property owner. Said invoiced amount
shall be due and payable within thirty (30) days of invoice date.
A credit shall be allowed to all dischargers permitted pursuant to Article 3 of
Ordinance No. 508 for the annual sanitary sewer service charge established by
this Ordinance in the same manner as credit is allowed for ad valorem taxes
pursuant to Section 302.6 of Ordinance No. 508.
t = g
r July 28, 1982
Agenda Item 2
COUNTY SANITATION DISTRICT NO. 5
USER FEE PUBLIC HEARING
Note to Directors: The following suggested agenda outline
has been prepared to assist the Board
in conducting the user fee hearing.
Chair (2) PUBLIC HEARING ON PROPOSED ORDINANCE NO. 513, AN ORDINANCE OF THE
BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 5 OF ORANGE
COUNTY, CALIFORNIA, AMENDING ORDINANCE NO. 511 PERTAINING TO
SANITARY SEWER SERVICE CHARGES
Chair (a) DECLARE HEARING OPEN c�•• c"° P m
Staff (b) STAFF REPORT ON PROPOSED USER FEE
- Staff opening comments
- Purpose of hearing
- Background re User Fee Program
- 1982-83 User Fee recommendations
- Single dwelling unit same as 1981-82 @ $26.40/year
- Multi-dwelling unit - new fee @ $15.85/unit/year
- Notice of Proposed Fee/Workshop/Hearing
- Legal
- Multi-dwelling property owners with 3 or more units
ll.rd - Display ads
- Press releases
- Public Workshop
- Written Communications - 2 (see attached)
- Telephone calls - 25
Chair (c) RECEIVE AND FILE WRITTEN COMMENTS (Attached)
- July 2, 1982 letter from Marcus Kaufman, et al
re 8 units @ 311-13 and 325-27 Marguerite,
Corona del Mar
- July 11, 1982 petition signed by 16 tenants at
102-106 East Bay, Balboa
Chair (d) CALL FOR ORAL PUBLIC COMMENT, IF ANY
Directors) (e) DIRECTORS AND/OR STAFF RESPONSE TO ORAL PUBLIC COMMENT
Staff)
Chair (f) CLOSE PUBLIC HEARING
Chair PROCEED TO ITEM (3) ON AGENDA
w �
384 East 38th Streetr
San Bernardino, CA 92404
July 2, 1982
Board of Directors
County Sanitation District No. 5
P. 0. Box 8127
Fountain Valley, CA 92708
Re: Proposed 1982-1983 Sewer Service Fees
(AP 052-102-15 and AP 052-102-21)
Ladies and Gentlemen:
Thank you for the notice concerning the proposed multi-unit parcel
fee schedule.
We are certain you have given the proposed fees and schedule a
good deal of thought, but we urge you to give them a bit more
consideration.
We do not oppose in principal the idea that multi-unit parcels
should pay more than single-unit parcels . But where is the justice
in assessing 100 percent of the increase to multi-unit parcel owners
and nothing whatever to single-unit? What is the justification that
our fees will go up as to each of our 4-unit parcels almost 250
percent while single-unit owners have no increase at all?
�.d
We presume the thought is that multi-unit parcels are income
producing. But so are some single-unit parcels . Moreover, in the
Newport-Corona Del Mar area, the notion that multi-unit parcels are
income producing must be tempered by the realization that for any
owner who has purchased within the last 5 to 6 years, "income
production" is negative. As to each of our 4 unit parcels , the
rents, though substantially increased in each of the last several
years, still do not nearly cover even the trust deed payments , taxes
and insurance, much less utility charges and the cost of maintenance
and repair.
We believe that in fairness the increase in fees should be shared
by the single-unit parcel owners at least to some extent. We hope
you will agree and modify the proposed fee schedule accordingly.
We ask that a copy of this letter be furnished each Commissioner.
Thank you for your consideration.
Sincerely ,
M rcus M. KaufmTobhimself,
Eileen Kaufman and eo and
Gloria Cutler
(work phone: 714-383-4447)
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MEETING DATE July 28, 1982 TIME 8:00 P'm91STRICTS 5 - Newport Beach City Hall
DISTRICT 1 JOINT BOARDS
CRANK). . . . . . .HANSON, . . . . .
BRICK NS. . . . . .LUXEMBOURGER NIELSEN). . . , .ADLER. . . . . . .
�..►' EDGAR , . . . . , , ,SALTARELLI. . MAC ALL STER).BAILEY. . . . . ,
RILEY/. ,, , , , . ,STANTON. . . . . NIELSEN . . . . . .BROWN. . . . . . .
STRAU�SlDISTRICT 2 PERRY . . , . , . . .CULVER. . . . . ,
SHARP . . , . , ,EDGAR. . , . . . ,
MC ROBERTS). . .WEDAA. . . . . . . EDWARDSl. .. . . .FINLAYSON, . ,
. .. . . ,ROTH. . , . . . , . SGAMBINQ . . . . . .FOX. . .. . . . . .
NIELSEN . . . .. .BROWN. , . . . . , ISEIQEL). . . . . . .FRESE. . . . . . .
GAMBINAA .. . . . .FOX. . , , . . . . . FOX). . . . . . . . .GAMBINA. . . . .
KUZNIK).. . , . . .HOLT. . . . . , , . JARRE L). . . . . .GRIFFIN. . . . .
ODLUM). , . , . . .KAWANAMI. , . . (CRANK. . . . . . .HANSON. . . . . ,
BRICK ENS, .. ., .LUXEMBOURGER SHEATHER5. . . . . . HART, ,, , . . . .
WIEDER)). . . , , . .NESTANDE. . . . MAURER)15, , . . . . .HEATHER. . . . .
CULVER . .. .. , .PERRY. . . . . . . KUZNIK - so . . . .HOLT, . , , . . .
.
4BEYER). . 1 . . . . .SMITH. . . . . . . (CRANK). . . . . . . .HUTCHISON. . .
HOLMBERG . . . . .WEDEL. . , . . , . (ODLUM). . . . . .KAWANAMI , . . .
ACKERMAN , . . . .WINTERS. . . , . VANDERSTAAY5. .LASZLO. . . . . ,
BRICKE� ). . . . . .LUXEMBOURGER
DISTRICT 3 FINLEy1, . , , , , ,MANDIC, , . . , ,
ROWAN . . . . . . . .MULLEN, . , . , .
,EDWARDS). . , . .FINLAYSON. . . WIEDER). . , , , ,NESTANDE, . . ,
VANDERSjAAYS, .LASZLO, , , . . . MAC ALI,ISTERS,PATTINSON, . .
NIELSN . . . . . .ADLER. . . . . . . CULVER . , . . . .PERRY. . . . . . .
PERRY) , , . . . . .CULVER. , , , , , HEATHER . , . . .PLUMMER. . . . ,
SEIppELS... . . . .FRESE. . . . . . . MARSHOTrS, . . . .RELL. .. . . . . .
FOX J. . , . . ... . .GAMBINA. . . . . STANTON). . , . . .R1LEY.. . . . , .
(JARRELL). . . . . .GRIFFIN. . . . . (WEDEL). t� ; ; � � ;ROGET. . . . . . .
BRICKEN).. .. . .LUXEMBOURGER �BEYER
S ROTH* , , a . . . ,
FINLEY).. . .. ..MANDIC. , , . , , EDGAR . . . . . , . .SALTARELLI, .
ROWAN). . . , , , .MULLEN, , , , . . . . . . , . . ,SMITH. , , . . . .
MARSHQQTTS. . , , .RELL, , . . . . , , (RILEY , . . , , .STANTON. . , . .
(WEDEL). . . . . . .ROGET. . , . . , , ZOMMICK�, . , . . .SYLVIA. . . . . .
( �. . .. ..ROTH, . . . , . . . SILLS). . . . . . . .VARDOULIS. , .
SZOMMICK) , . . ..SYLVIA. . . . . . GREEN). . . . t. . .WAHNER. . . . . ,
`d NESTANDES. . . . .WIEDER. . . . . . IMC RO ERTS). . .WEDAA. . . . . . .
(ACKERMAN).. . . .WINTERS. . . . . ROGET�. . , . , . .WEDEL. , . . . a .
NESTANDE , , . . .WIEDER. . . . . .
DISTRICT 5 DRO.zi3 ACKERMAN�, , , , .WINTERS, . , , .
SMAURER) . . . . . .HEATHER. . . . ._ �/
IISTRAUSSS.. . . . .COX. . . . . . . . . OTHERS
(STANTON). .. . . .RILEY. . . . , . ._,,-t'_
DISTRICT 6
HARPER. . . . . .
CRANK). . . . . . .HUTCHISON, , , SYLVESTER. . ._��
HEATH RS. , . , , .PLUMMER. . .. . LEWIS. . . . . . .
RILEY . . . . . . . .STANTON. , . . . CLARKE. . . . . .
DAWES@. . . . . .
DISTRICT 7 ANDERSON. . . .
BROWN. . . . . .-. ✓
SALTA(ELL1)...EDGAR. . . . . . . BAKER. . . . . . .
BEYER). .. . .. .SMITH. , . . . . , ATKINSON. . . .
HEATHER)., ,. , .HART, , . , , . . . YOUNG.. . , . , .
BRICKEN)•••• .,LUXEMBOURGER -
W1EDE ).. .. . , .NESTANDE, . . .
SSILLS�. . . ... . .VARDOULIS. . . WOODRUFF. . . .�L
IGREEN).. . . . .. .WAHNER. . . . . . HOHENER, . , . .
HOWARD. . . . . .
DISTRICT 11 HUNT. .. . . . . ,
KEITH. . . , . .
�MAC
MAC ALLISTER).BAILEY. . . . . . LYNCH, , , . . . .NESTANDE).. . .WIEDER. . . .. . MARTINSON. . .ALLISTERS.PATTINSON. . . STEVENS, , . . .
6/9/82
COUNTY SANITATION DISTRICT NO. 5
OF ORANGE COUNTY, CALIFORNIA
MINUTES OF ADJOURNED REGULAR MEETING
July 28, 1982 - 8:00 p.m.
Newport Beach City Hall Annex
3300 Newport Boulevard
Newport Beach, California
Pursuant to the adjournment of the regular meeting of July 14, 1982, the Board of
Directors of County Sanitation District No. 5 of Orange County, California met in an
adjourned regular meeting at the above hour and date, at the Newport Beach City Hall
Annex.
The Chairman called the meeting to order at 8:00 p.m. The roll was called and the
Secretary reported a quorum present.
DIRECTORS PRESENT: Jacqueline Heather (Chairman) , John Cox,
Thomas Riley
DIRECTORS ABSENT: None
STAFF MEMBERS PRESENT: Fred A. Harper, J. Wayne Sylvester,
Secretary, Rita Brown
OTHERS PRESENT: Thomas L. Woodruff
Public Hearing on proposed The Chairman declared the hearing on Ordinance
Ordinance No. 513 and Sewer Service No. 513, An Ordinance of the Board of Directors
Charge Report for 1982-83 of County Sanitation District No. 5 of Orange
County, California, amending Ordinance No. 511
Pertaining to Sanitary Sewer Service Charges; and the County Sanitation District No.
5 Sewer Service Charge Report for Fiscal Year 1982-83 open at 8:00 p.m.
The Secretary reported that this was the time and the place noticed for the purpose
of receiving a written report pertaining to the providing of sewer service for all
properties within the District and to consider Ordinance No. 513 to establish a fixed
service charge to be collected on the property tax roll for the 1982-83 fiscal year.
The Director of Finance reviewed the background of the District's user fee program.
On July 1, 1981, following notice to all property owners in the District and a
series of public workshops and hearings, the Board adopted a user fee program to
make up the shortfall of ad valorem tax revenues and provide needed additional
financing for operations and major rehabilitation work on the sewer system. To
achieve equity the fee is calculated on sewage volume based on water meter size. 94%
of the connected properties pay the minimum fee of $26.40/year.
He reported that because of the short time frame for implementing the financial plan
last year, it was not possible to identify all the multiple unit properties within
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District 5
7/28/82
the District; and that the Board had directed the staff to develop an equitable fee
structure for multiple units to be considered for adoption in 1982-83.
At an adjourned meeting on June 23, 1982, the Board considered a separate staff
report recommending that the multi-dwelling rate be established at 60% of the single
dwelling rate. The report further stated that because of extremely favorable bids on
construction contracts awarded in 1981-82, and other factors, the District could
forego the projected doubling of the use fee for 1982-83 that had been anticipated
when the financial plan was adopted last year.
The recommended rates are:
SINGLE UNIT PARCELS
(Same Fee as 81-82)
CONNECTED 1982-83 CHARGE
METER SIZE MONTHLY AVERAGE ANNUAL FEE
1" or less $ 2.20 $ 26.40
An 4.37 52.50
2" 8.75 105.00
3" 17.50 210.00
4" 35.00 420.00
6" 70.00 840.00
8" 140.00 1,680.00
MULTI-UNIT PARCELS
(New Fee)
PER UNIT $ 1.32 $ 15.85
Following consideration of the report on June 23rd, the Board declared its intent to
adopt the proposed rates and fixed the time and place for a public hearing on the
1982-83 fee schedule.
On June 30th, notice of the July 28th hearing and a public workshop to be held on
July 12th was mailed to 210 property owners of record with more than three dwelling
units. Copies of the notices were also provided to the press.
As prescribed by law, a legal notice of the hearing was published in the Orange Coast
Daily Pilot on July 8, 1982, and again on July 21, 1982.
In addition, quarter-page ads describing the proposed sewer service charge and
announcing the public workshop and the hearing were published in the Newport Harbor
Ensign on July 8th, the Daily Pilot on July 7th & 10th and the L.A. Times on July
7th. New releases were also provided to the press on June 30th and July 7th.
Mr. Sylvester reported that the public workshop was held in the police department
auditorium on Monday evening, July 12th and that three persons attended. Mr.
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District 5 ,
7/28/82
Basmajian, the Treasurer of The Balboa Bay Club, questioned assessment of the
multi-unit charge because of the nature of the Club's residency. The Industrial
Waste Division has reviewed this matter and determined that the Bay Club should be
handled as a Class II permittee under the District's industrial/commercial use
ordinance and have so advised Bay Club representatives.
The apartment manager of property at 102-106 East Bay in Balboa presented a petition
opposing the proposed multi-unit fee. Following the workshop staff also contacted
Mrs. Fosnight, owner of the property on East Bay and explained the proposed
multi-unit fee. She expressed the opinion that the City of Newport Beach should
appropriate some of their excess funds for sewer repairs. The staff explained the
relationship of the City and the District relative to sewer services.
The Chairperson of the 1981-82 Orange County Grand Jury Committee studying special
districts also attended as an interested observer.
In addition to the petition filed by the tenants at the Bay Street address, a letter
was received from Mr. Marcus Kaufman, owner of two parcels on Marguerite in Corona
Del Mar, who apparently misunderstood the proposed multi-unit fee. The staff wrote
to Mr. Kaufman clarifying the basis of the proposed charge.
Mr. Sylvester also reported that staff had received 25 telephone calls. Most of the
inquiries concerned the number of dwelling units of record on the parcels in
question. The Industrial Waste Division has investigated each, and any necessary
adjustments have been made.
It was then moved, seconded and duly carried:
That the following written communications regarding proposed 1982-83 Sanitary Sewer
Service Charges, be, and are hereby, received and ordered filed:
Letter dated July 2, 1982 from
Marcus Kaufman, et al., owners of
property at 311-313 and 325-327
Marguerite, Corona Del Mar
Petition dated July 11, 1982 signed
by 16 tenants of property at 102-106
East Bay, Balboa
The Chairman then called for oral public comment. There being none, the Chairman
declared the hearing closed at 8:06 p.m.
Receive, file and adopt Sewer Moved, seconded and duly carried:
Service Charge Report for Fiscal
Year 1982-83 That the County Sanitation District No. 5 Sewer
Service Charge Report for Fiscal Year 1982-83,
be, and is hereby, received, ordered filed and adopted.
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District 5
7/28/82
Second reading of proposed Moved, seconded and duly carried:
Ordinance No. 513
That Ordinance No. 513, An Ordinance of the
Board of Directors of County Sanitation District No. 5 of Orange County, California,
amending Ordinance No. 511 Pertaining to Sanitary Sewer Service Charges be read by
title only; and,
FURTHER MOVED: That the second reading of said ordinance in its entirety be, and is
hereby, waived; whereupon the Secretary read Ordinance No. 513 by title only.
Adopting Ordinance No. 513 Moved, seconded and duly carried by the
following roll call vote:
That Ordinance No. 513, An Ordinance of the Board of Directors of County Sanitation
District No. 5 of Orange County, California, Pertaining to Sanitary Sewer Service
Charges, be, and is hereby, adopted:
AYES: Directors Jacqueline Heather (Chairman) , John Cox, Jr. and Thomas Riley
NOES: None
ABSENT: None
Directing County Auditor- Moved, seconded and duly carried:
Controller to include sewer service
charges on 1982-83 property tax That the Boards of Directors hereby adopt
bills, pursuant to Ordinance No. Resolution No. 82-112-5, directing the County
513 Auditor-Controller to include sewer service
charges on 1982-83 property tax bills for
collection, pursuant to Ordinance No. 513, An Ordinance of the Board of Directors of
County Sanitation District No. 5 Amending Ordinance No. 511 Pertaining to Sanitary
Sewer Service Charges.
Adjournment Moved, seconded and duly carried:
That this meeting of the Baord of Directors of County Saitation District No. 5 be
adjourned. The Chairman then declared the meeting so adjourned at 8:08 p.m. , July
28, 1982.
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
Orange County, California
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