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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. #5 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. —2— #5 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 —3-. #5 8/29 /7 2 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 —LI—