HomeMy WebLinkAboutMinutes 1979-12-13COUNTY SANITATION DISTRICT NO.5
OF ORANGE COUNTY,CALIFORNIA
MINUTES OF ADJOURNED REGULAR MEETING
December 13,1979 -3:00 p.m
Newport Beach City Hall
Upstairs Conference Room
3300 Newport Boulevard
Newport Beach,California
Pursuant to adjournment of the regular meeting of December 12,1979,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.
The Chairman called the meeting to order at 3:00 p.m.The roll was called
and the Secretary reported a quorum present.
DIRECTORS PRESENT:Paul Ryckoff (Chairman),Donald Strauss
and Thomas Riley
DIRECTORS ABSENT;None
STAFF MEMBERS PRESENT:Fred Harper,General Manager,J,Wayne
Sylvester,Secretary,Ray E,Lewis and
Rita Brown
OTHERS PRESENT;Thomas L.Woodruff,General Counsel,Jim
Hewicker,Jim Martin,Dennis D.O’Neil,
John Richards,M.K.Ryan,Don Seitz and
Dayne Stiles
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Discussion of report of alter The staff reviewed the report on alternate
nate facilities for serving facilities for sewering the Big Canyon
the Big Canyon Drainage area Drainage area.The construction cost of
the Jamboree Pump Station alternate is
estimated at $1 million with an annual operating cost of approximately
$40,000.The tunnel alternate capital cost is estimated at $2.5 million
with nominal operating costs.The staff reported that the original proposal
to construct a gravity sewer line in Back Bay Drive had not been given
further consideration in this study inasmuch as the California Coastal
Commission had previously denied the District’s request for a permit to
construct said sewer,It was pointed out that the staff report dated
November 7,1979,suggested that the following points be reviewed by the
Directors in considering the alternates:
1.It is felt that the present development in the drainage
area can be adequately served by the existing pump station.
However,any additional development will overburden the
existing facilities,necessitating the implementation of
alternate methods of collection.
2,There are approximately 400 acres of undeveloped land in
the drainage area,
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12/13/79
3.Because of the large cost differential between the pump station
alternate and the tunnel alternate,the staff feels that
the pump station alternate is the most viable alternate at
this time for implementation to serve the drainage area.
4.Since the 400 acres of undeveloped land will require the
implementation of new facilities,the entire capital cost
could be borne by the undeveloped lands.
5.The District should notify the City that no permits should
be issued for any new development until a resolution of
financing of the additional facilities has been established.
Relative to No.5,as directed by the Board at the November 14th meeting,the
General Manager advised the City of Newport Beach Department of Community
Development in writing that no additional projects should be undertaken that
require sewer service on land tributary to the existing Jamboree Pump Station
until such time that the District has determined when sewer facilities can
be made available.The General Manager reported that upon receipt of the
District’s letter,the City’s Director of the Department of Community
Development requested additional specifics concerning the District’s
services as there are some pending projects planned for the area which
need attention.
The staff then reviewed a proposal to divide the District into three separate
drainage zones for purposes of regulating sewerage facility use and estab
lishing connection fees to be used for construction of such facilities to
serve the various territories within the District.In this manner the cost
of the facilities would be borne by the properties which benefit from said
improvements.Zone 1 would essentially consist of the incorporated part of
the City of Newport Beach except for the Big C~.nyon Drainage area.Zone 2
would encompass the Big Canyon Drainage area.Zone 3 would be comprised of
the undeveloped down-coast area which is presently outside the city limits.
The District has the statutory authority to establish the zones for different
or specialized purposes and needs and,accordingly,set appropriate fees.
Based on the estimated $1 million capital cost for facilities to serve the
Big Canyon Drainage area the staff estimated that the residential connection
fee would be approximately $750 per unit and the 1in~strial and commercial
fee would be approximately $410 per 1,000 square~~t in Zone 2~Connection
fees for Zone 1,,which.is essentially developed,would remair~’a~the current
rate of $25Q.per residential unit and $130 per 1,000 square ~for commer
cial and industrial.Zone 3 would also remain at the current rate as in
Zone 1,but the area will require major improvements in the future and,thus,
a connection fee increase when development begins.
The Board then entered into a discussion of the areas to be included in each
zone and the developments that would be affected by the Zone 2 connection
fee.Following further discussion of alternate facilities to serve the Big
Canyon Drainage area,the financing thereof,the zone concept,and possible
imposition of a moratorium on connections pending resolution of the matter,
it was the consensus of Board members that the feasibility of constructing
the Back Bay gravity line that was originally proposed but denied by the
Coastal Commission should be re-examined.The Directors then discussed
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PDj~rict 5
12/13/79
the propriety of the various conditions that might be placed on the gravity
line project in order to obtain the necessary approvals.The Chairman stated
that he had conducted informal discussions with interested parties in this
regard.He also observed that with the proper groundwork,in his opinion,
project approval could be obtained,possibly without the necessity of an
Environmental Impact Report.
The Chair then recognized Dayne Stiles,representing The Irvine Company,
and Dennis O’Neil and Mike Ryan,representing Daon Corporation,who reaffirmed
their respective company~s willingness to enter into a reimbursement agree
ment with the District to advance funds for construction of the facilities
to serve the Big Canyon Drainage area,to be repaid from connection fee
receipts,and supported pursuing the original Back Bay gravity sewer line
as the best alternate as proposed by the Directors.
and,
FURTHER MOVED:That the staff also be,and is hereby,directed to review the
Jamboree Pump Station alternate for serving the Big Canyon Drainage area with
the California Regional Coastal Commission staff.
(Zone 2)until additional sewer
available,It was pointed out that the need for such an ordinance had been
extensively debated during the meeting and that it was concluded that a
reasonable basis exists to support proposed differences in connection charges
in the various zones and imposition of a connection moratorium,
The Board and staff then reviewed the proposed ordinance with Mr.Hewicker,
the City of Newport Beach Director of Community Development,clarified
certain provisions and the impact on pending developments and discussed
properties that would be included and excluded or exempted from the proposed
Zone 2 connection charge and moratorium.In this regard Direêtors also con
sidered the impact of delaying adoption of the ordinance until the regular
January meeting because of projects in the various phases of the planning
process.The District’s Chief Engineer advised that,based on the information
available to him,it was his opinion that delay of the ordinance adoption
until January would not substantially affect.the number of connections to
the system or the fee income.
DIrecting staff to review It was moved~seconded.and duly~carried:
alternate~facilities to serve
the Big Canyon Drainage area That the staff be,and is hereby,directed
with the Coastal Commission to meet with the California Regional Coastal
Commission staff to review and re-evaluate
the feasibility of obtaining approval to construct the Back Bay gravity sewer
line for serving the Big Canyon Drainage area and report back to the Board;
Review of proposed urgency
ordinance imposing a moratorium
on the issuance of sewer connec~
tion permits,establishing s’ep—
arate zones for drainage areas
within the District,and estab-~
lishing a schedule of fees for
issuance of sewer connection
permits
The General Counsel reviewed the draft of an
ordinance that would accomplish three basic
objectives:(1)divide the District into
three separate zones for drainage areas for
purposes of development and regulation of
sewerage facility use;(2)establish a
schedule of connection fees for said zones;
and (3)impose a moratorium on the issuance
of sewer connection permits for the zone
tribut~y to the Big Canyon Drainage area
service for said area is determined to be
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12/13/79
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Mr.Hewicker advised the Board that he had referred the DistricV.s letter
requesting that no additional projects be undertaken to the City.Attorney
requesting an opinion with regard to issuing building and connection
permits.He also noted that the City Manager had informed him that he was
of the opinion that an order such as the District’s would have to-be issued
by the Regional Water Quality Control Board.The General Counsel then
clarified the issue and said that he would contact the City Attorney and
City Manager and advise them accordingly.He stated that the Sanitation
District has the authority to impose a moratorium and that the City of
Newport Beach is merely acting as the District’s agent in issuing connection
permits and collecting fees therefor,
Following further discussion and clarification of the ordinance provisions,
during which the representatives of The Irvine Company and Daon Corporation
spoke against imposition of a moratorium on connections,it was the consensus
of the Board that a moratorium must be imposed until .a deterrninationca:nbe
~ade on facilities to serve the Big Canyon Drainage area àndto impress upon
the public the seriousness of the matter and the,urgency of.obtaining neces~
sary;approval of saidfacilities,but’that consideration of.the ordinance
could be deferred until the next regular meeting in January.
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
4:45 p.m.~December 13,1979.
Chairman of the Board of Directors
County Sanitation District No,5
of Orange County,California
Secretary of the Board of Directors
County Sanitation District No.5
of Orange County,California
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