Loading...
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 **************** 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, District 5 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 -2— 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 -3.-. District 5 12/13/79 - ~-, 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 L ~:~