HomeMy WebLinkAboutMinutes 1972-08-29•
COUNTY SANITATION
DISTRICT NO.5
MINUTES OF THE ADJOURNED REGULAR MEETING
•August 29,1972 —1~:30 p.m
Newport Beach City Hall
3300 West Newport Boulevard
Newport Beach,California
Pursuant to adjournment of the-regular meeting held August 9,
1972,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,In the Newport Beach City Hall.
The Chairman called the meeting to order at ~I:30 p.m.The
roll was called and the Secretary reported a quorum present.
DIRECTORS PRESENT:Donald Mclnnis (Chairman),
Ronald Caspers and Carl Kymla
DIRECTORS ABSENT:None
STAFF MEMBERS PRESENT:Fred A.Harper,General Manager,
Paul G.Brown,Assistant General
Manager,J.Wayne Sylvester,
Secretary,Ray E.Lewis and
Robert Webber
OTHERS PRESENT:Robert Wynn,Alexander Bowie,Director
Richard Croul,Gordon Jones,Donald
Simpson,Joseph L)evlin,Philip
Bettencourt and C.Arthur Nisson
Adopting Ordinance No.507 Paul Brown,District’s Assistant
amending Uniform Connection General Manager—Chief Engineer,
and Use Ordinance No.505 reviewed the provisions of proposed
and repealing Ordinance Ordinance No.507,amending Uniform
No.506 Connection and Use Ordinance No.505
and repealing Ordinance No.506.The
new ordinance increases connection charges for multiple family
dwelling units to the same fee as for single family dwelling
buildings of $155.00 per dwelling unit,with an annual escala
tion of $5.00,providing the Board so directs.It also changes
connection charges for new construction other than residential
buildings from a plumbing fixture unit basis to a square footage
basis of $80.00 per thousand square feet,with annual escalation
of $2.50,providing the Board so desires.The ordinance has
been discussed with the Building Department of the City of
Newport Beach whose representatives have stated that it is
acceptable and preferable to the present charges based on plumb
ing fixture units.Following a brief discussion,it was moved,
seconded and duly carried by the following roll call vote:
AYES:Directors Donald Mclnnis (Chairman),
Ronald Caspers and Carl Kymla
NOES:None
ABSENT:None
That the Board of Directors adopt Ordinance No.507,amending
Uniform Cnnection and Use Ordinan~e No.505 and repea]4ng
Ordinance No.50g.Certified copy of this ordinance is attached
hereto and made a part of these minutes.
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8/29/72
Approving agreement with The General Manager reviewed the
City of Newport Beach for proposed agreement with the City of
collection of connection Newport-Beach for collection of
charges connection charges.The existing
•agreement,adopted in September 1970,
provides for reimbursement to the City for services involved in
collecting fees for multiple dwelling units and commercial and
industrial buildings based on a fixture unit count.Since the
fixture unit concept has been eliminated by adoption of Ordinance
No.507,it was necessary to redraw the agreement with the City
on a different basis.The most logical method is a service
charge for the City based on a percentage of the amount collected.
The District’s staff has met with the staff of the City and agreed
upon a fee of 5%onall charges collected,and this fee has been
incorporated into the proposed agreement.Just prior to the
meeting the City had submitted a letter to the Board supporting
approval of the proposed agreement.
In response to a question from Director Kymla with regard to
the adequacy of the 5%fee,Robert Wynn,City Manager of Newport
Beach,stated that in his opinion the 5%fee was fair and would
cover the City’s costs.
It was then moved,seconded and duly carried:
That the letter from the City of Newport Beach,dated August 29,
1972,concurring in the District’s recommendation for reimbursing
the City for connection charge collection fee services at the rate
of 5%,be received and ordered filed;and,
FURTHER MOVED:That the Board of Directors adopt Resolution
No.72—118—5,approving revised agreement with the City of
Newport Beach for collection of sewer connection charges.
Certified copy of this resolution is attachedhereto and made
a part of these minutes.
Dir’ecting notificati~n to Director Kymla requested that because
Local Agency Formation of his capacity as Chairman of the
Commission that District Aliso Water Management Agency,whose
No.5 Board will not oppose jurisdictional boundaries are
Annexation No.16 to the partially within the proposed
Irvine Ranch Water District Annexation No.16 to the Irvine
Ranch Water District,that the
Chairman excuse him from participating in any discussion or
voting on this matter in order to avoid any possible conflict
of interest.The Chairman so excused Director Kymla.
Donald Simpson,District’s consulting design engineer,distributed.
copies of a map showing the existing District boundaries of the
affected agencies in the territory proposed to be annexed and
reviewed District No.5’s Master Plan of Trunk Sewer Facilities
in relation to the proposed annexation.He advised the Board
that the area proposed to be annexed to Irvine Ranch Water
District includes territory presently within District No.5
and land now outside the District boundary which the Master Plan
anticipates will eventually be served by District No.5.Existing
and proposed facilities have been sized to serve the coastal
area northwesterly of Crystal Cove should it be annexed to
District No.5 in the future.
The Chair then recognized Alexander Bowie representing the Irvine
Ranch Water District (IRWD).Mr.Bowie reviewed the events leading
up to the Water District’s application to the Local Agency Forma
tion Commission to annex the area under consideration,and IRWD’s
efforts to coordin~te the proposed annexation with all a~’fected
entities.He requested that the Board adopt a resolution supporting
annexation of the territory to the Iri~ine Ranch Water District.
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8/29/72
Chairman Mclnnis stated that contrary to Mr.Bowie’s statement
that the Water District had attempted to coordinate the proposed
annexation with all agencies involved,District No.5 had not
been apprised of the requested annexation until a communication
was received from the Local Agency Formation Commission requesting
the District to comment on the proposed annexation.
Director Caspers remarked that he was not in favor of annexing
the area to any agency In anticipation of providing services
until the State’s proposed acquisition of coastal land for
public use within the area is completed to minimize the possible
inflationary effect any annexation might have on the land values.
Mr.Nisson,the District’s General Counsel,then reviewed for
the Board members the following alternate methods prepared by
the staff,of providing service for the coastal area between
Corona del Mar and Crystal Cove:
1.Annex,as development occurs,all the remaining tributary
area (approximately 21~I5 acres)to District No.5 wIth
local sewer service provided by the City of Newport Beach
or by’Irvlne Ranch Water District.
2.DIstrict No.5 enter into a contract with IRWD (with the
consent of the other six Sanitation Districts)to serve
all of the tributary area outside the present or future
boundaries of District No.5.
3.The landowner detach the 820 acres now in District No.5,
southeasterly of Newport Beach boundary,and IRWD to con
tract with District No..5 for service for this area plus
other tributary areas.
(Under this alternate very little unincorporated area
would be left In District No.5 which situation might
affect,in the future,the composition of the Board of
Directors.Apparently the only County area left would
be approximately two acres in the Santa Ana River channel
near its mouth.In the event all area in District No.5
Is incorporated in the City of Newport Beach,the entire
City Council would,under existing law,become the Board
of Directors of the District.)
LI.The IRWD provides its own sewage collection,treatment
and disposal service for the coastal areas outside the
present or future boundaries of District No.5.
The Chair again recognized Mr.Bowie who stated that the Irvine
Ranch Water District prefers Alternate No.1 with the local sewer
service being provided by the Water District,and further stated
that in the event the City of Newport Beach annexes the area and
desires to provide the local sewer service,that the Irvine
Ranch Water District would then relinquish that service to the
City.
Chairman Mclnnis pointed out that the policy of the District has
been to make the Sanitation District boundary co-terminous wIth
the boundary of the City of Newport Beach and that eventually,
when the entire area within the District is incorporated within
the City,the City Council would then make up the Board of
Directors of Sanitation District No.5.
It was pointed out that it has always been assumed that as the
area under consideration developed,it would be annexed to the
City of Ne~-;port Beech and the City ~Tould provide the loc~.i sewer
service.The DIstrict’s Assistant Ueneral Manager recalled for
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the Board that the original financing study prepared by Bartle
Wells Associates and adopted by the Board in 1965,recommended
that future facilities to serve the present undeveloped area
within the District and the area which would logically be served 0byDistrictNo.5 be financed by the owners and/or developers
of saidproperty,to be repaid from connection fees collected by
the District.Under the present connection fee ordinance
established by District No.5,.if the area did not annex to the
City,which now collects the fees and remits them to the District,
it would be necessary to initiate new procedures to provide for
the collection of said fees outside the City limits.
Following a lengthy dlsc.ussion concerning the ramifications of
the proposed annexation,the Chairman reviewed the following
salient points:
That the General Counsel had reported that under the
provisions of the State Health and Safety Code,if
the territory presently within the.boundaries of
District No.5 is annexed to the Irvine Ranch Water
District,the Water District would not be entitled
to representation on the Board of Directors of District
No.5.~The Code does provide that their representation
would be at the discretion of the District’s Board of
Directors.
That the District’s adopted financial plan provides that
the cost of constructing facilities to serve undeveloped-
land presently within the District,and areas flow
outside the District boundary,are to be borne by the
landowner and/or developer,to be repaid.from connection
fees collected by the District.
That in response to a question by the Chairman,Mr.Bowie,
representing the Irvine Ranch Water District,and Gordon
Jones,representing the Irvine Company,stated that the
proposed annexation would not result in double taxation.
Following further discussion,it was moved,seconded and duly
carried:
That the Board of Directors of County Sanitation District No.5
will not oppose proposed Annexation No.16 to the Irvine Ranch
.Water District;and,
FURTHER MOVED:That the Secretary be directed to notify the
Local Agency Formation Commission,in writing,of the Board’s
decision.
Adjournment Moved,seconded and duly carried:
That this meeting of the Board of Directors of County Sanitation
District No.5 be adjourned.The Chairman then declared the
meeting so adjourned at 5:55 p.m.~August 29,1972.
Chairman
Board of Directors of
County Sanitation District No.5
ATTEST:
Secretary,Board of Directors of
County Sanitation District No.5
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