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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: `rr� (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 f (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 4 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. f 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 r .r 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. f ti• 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 r 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. f r 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. f 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) 7AC An ` /� � .f ��� 7�•�� cam- �� C- �LA/I -IS cf ey 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 �+rd -1- e 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. -2- 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. -3- 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 -4-