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HomeMy WebLinkAboutMinutes 1980-01-15‘4 ~, COUNTY SANITATION DISTRICT NO,5 OF ORANGE COUNTY,CALIFORNIA MINUTES OF ADJOURNED REGULAR MEETING January 15,1980 -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 January 9,1980,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 3:20 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 A.Harper,General Manager,J.Wayne Sylvester,Secretary,Hilary Baker and Tom Dawes OTHERS PRESENT:Thomas L.Woodruff,General Counsel,Dick Cannon,Da~~mohowski,Jerry Gahan, Stephen D.G iI~:~~ffina1d.~Gralnek,Dick Hannah,~Jackie fléather,Ron Hendrickson, Jim Hewicker,Tim Hogán,Tom Nlelspn, DennfsO’Neia,Gail Pickart,Roger Michael K,Ryan,Robert Shelton and Dayne Stiles ************** Receive and file letter from Moved,seconded and duly carried: Picific Mutual Life Insurance Company re sewer services ~ That the letter dated January 9,1980,from Pacific Mutual Life Insurance Companyre sewer service for Block 800 in Newport Center,be,and is hereby,received and ordered filed. Receive and file letter from Moved,seconded and duly carried: The Irvine Company re sewer service for the Big Canyon That the letter dated January 9,1980,from arainage area The Irvine Company concerning proposed actions re sewer service for the Big Canyon drainage area,be,and is hereby,received and ordered filed. 1/15/80 District 5 4/ ____________________________ That the letter,dated January 10,1980, ________________________ from McLain Development Companyrelative ____________________________ to exemption.of the Sea Island Development -from the temporary connection permit sus pension in the Big Canyon Drainage area, - be,and is hereby,received and ordered filed. Report and-.discu~sjom re-proposed The General Manager reviewed the January zones for drainage areas within.15th staff report summarizing the status District,sewer connection fees of developable land within the Big Canyon ~or propertres-~and temporary .drainage area and,with the aid of a coded connection .permj-t suspension in..map,pointed out the properties that had ~ig Canyon drainage area been determined to have necessary approval in the planning process to allow exclusion from the temporary suspension of sewer connection permits but would - be subject to the increased connection fees set forth in draft Ordinance No.510.The ordinance divides the District into three separate zones for purposes of development and regulation of sewerage use,establishes a schedule of connection fees for said zones and imposes a temporary suspension on the issuance of connection permits for theBig Canyon .drainage area (Zone 2)until additional sewer service for said area is available. After a discussion regarding the properties to be exempted from the temporary suspension and the criteria for exemption,it was determined that the follow ing developments would be specifically referenced in the ordinance as exempt from the temporary suspension: Development Harbor R~.dge Residential Development: Harbor Hill Residential Development: Baywood Residential Development: Sea Island Residential Development: Pacific Mutual Commercial Development Lll~South) Civic Plaza Commercial Development: ~ig Canyon Area Residential Development; Ford Aeroneutronic Development: Exemption 320 Dwelling Units 41 Dwelling Units 68 Dwelling Units 132 Dwelling Units 245,000 Sq.Ft. 75,000 Sq.Ft. 10±lots yet to be developed 50,000 Sq.Ft. Receive and file letter from McLain Development-Co.re exemption of property from temporary connection permit suspension Moved,seconded and duly carried: —2— 1R5/80 ~District 5 The Board also directed the General Counsel to modify the draft ordinance to include a provision to allow an owner or developer subject to the temporary suspension to submit an application to the Board of Directors for a specific exception based upon providing interim or alternative facilities or methods of disposing of the project wastewater.The granting of any such exception would be based upon a finding by the Board that the proposed interim method was in compliance with all applicable regulatory requirements and a reason able expectation that the District will have permanent facilities available to serve the project. It was then moved,seconded and duly carried: That the staff report,dated January 15,1980,regarding the Big Canyon drainage area,be,and is hereby,received and ordered filed. Report of the General Counsel The General Counsel briefly reviewed the re Proposed OrdInance No.510 draft ordinance which had been revised to incorporate changes as previously directed by the Board and pointed out that he had also inserted a clause regarding tolling of the statute of limitations with reference to State Map Act provisions. Adoption of Urgency In response to an inquiry from The Irvine Ordinance No.51t1 Company with regard to the Districtts implementation plan to provide facilities to serve the Big Canyon drainage area,the Board discussed the alternative facilities which could be constructed to serve the area tributary to Big Canyon.The construction cost of the Jamboree Pump Station alternative is estimated at $1 million with an annual operating cost of $40,000.The tunnel cost is estimated at $2.5 million with nominal operating costs.It was pointed out that the Back Bay gravity line alternative that was origi nally proposed several years ago had been approved by the Regional Coastal Comn~ission but subsequently denied on appeal to the State Coastal Commission by environmental interests,The Board also deliberated the issue of apply ing to the Coastal Commission for reconsideration of the Back Bay gravity line and whether or not the application should include an alternate proposal. It was the consensus of the Board that the Back Bay gravity line was the best alternative and application should be made for that project only. The Chairman reiterated that he had conducted informal discussions with interested parties in regard to obtaining approval for the Back Bay gravity line and stated that,in his opinion,approval would be forthcoming provided that certain advance committments relative to mitigation measures Cremoval of adjacent dredging spoil material,an easement and dedication of the mouth.of Big Canyon for the Back Bay Preserve)could be obtained from The Irvine Company.He also stated that he was not prepared to respond to questions regarding implementation plans until committments were received. The Irvine Company representatives observed that the company supported the Back Bay gravity line as the best alternative,but would prefer that the project be submitted to the Coastal Commission without the measures. If the Commission determines that such a proposal would be unacceptable, then inducements to obtain project approval could be addressed. -3- 1/15/80 District S — ,.~H’ Director Riley stated his unalterable opposition to the impositionofany committments and/or mitigation measures as a requirement before proceeding with the project. Following further discussion,it was moved,seconded and unanimously carried: That Ordinance No.510,An Urgency Ordinance,Amending Ordinance No.508, Establishing Separate Zones For Drainage Areas Within The District,Estab~~ lishing A Schedule of Fees For Issuance Of Sewer Connection Permits,And Temporarily Suspending The Issuance Of Sewer Connection Permits With The Exception Of Certain Specified Projects,be read by title only;and, FURTHER MOVED:That the reading of said ordinance in its entirety be,and is hereby,waived;whereupon,the Secretary read Ordinance No.510 by title only. It was then moved,seconded and carried by the following roll call vote: AYES:Directors Paul Ryckoff,Thomas Riley and Donald Strauss NOES:None ABSENT:None That Ordinance No.510,An Urgency Ordinance,Amending Ordinance No.508, Establishing Separate Zones For Drainage .Areas Within The District,Estab lishing A Schedule Of Fees For Issuance Of Sewer.Connection Permits,And Temporarily Suspending The Issuance Of Sewer Connection Permits With The Exception Of Certain Specified Projects,be,and is hereby,adopted. The General Counsel reviewed the proposed ____________________________ policy resolution which he recommended _____________________________ the Board adopt to memorialize a policy _____________________________ regarding advance payment of connection Lees and reimbursement agreements for Following a discussion regarding.provisions of the policy resolution and suggested modifications to reflect minor revisions requested by the Directors it was moved,~econded and duly carried: That the Board of Directors hereby adopts Resolution No,80-l9~5,as revised,adopting policy regarding advance payment of connection fees and reimbursement agreements for repayment of advance construction costs. A certified copy of this resolution is attached hereto and made a part of these minutes, Authori”zing the staff to commence It was moved,seconded and duly carried: n&gotiatiohs with.The Irvine Company re agreement for advance That the General Manager and .General payment of connection fees to aid Counsel be,and are hereby,authorized to in construction of facilities to commence negotiations with The Irvine serve the Big Canyon drainage area Company for advance payment of connection fees to aid in the construction of facilities to serve the Big Canyon drainage area. Adopting policy re advance payment Qf connection fees and agreements for repayment thereof the repayment thereof. . -4-. .j,Ja5/8o ‘v~~‘District 5 Authorizing staff to obtain pro Moved,seconded and duly carried: posal to prepare supplement to the Jamboree Drive -Big Canyon That the staff be,and is hereby,auth— arainage area EIR orized to obtain a proposal from the Districtts consultant to prepare a supplement to the Environmental Impact Report for the Jamboree -Big Canyon drainage area for consideration by the Board at the regular February meeting. Approving agreement .with Daon The Chair recognized representatives from Corporation re advance payment Daon Corporation who addressed the Board of connection fees to aid in with regard to the proposed agreement for construction of facilities to advance payment of connection fees to the serve the Big Canyon drainage District to aid in the construction of area facilities to serve the Big Canyon drainage area.The attorney representing Daon pointed out that they had met with the the staff and the District’s General Counsel regarding the agreement language and copies of the latest draft were distributed to Directors,He requested that the Board give favorable con sideratIon to the proposed agreement at this meeting as the Corporation would incur a hardship if approval was postponed and,in fact,might not be in a position to enter into the agreement if there were further delays. The Board then entered into a lengthy discussion regarding provisions of the agreement during which concern was expressed over inclusion of language which might imply that the District would be obligated to proceed with construction of a specific project,or;any project at all,if conditions established by the Board or other necessary approvals are not obtained. Following a review of proposed amendments to the language in the draft agreement by the General Counsel and Directors,which.said revisions were stipulated to by the attorney of Daon Corporation,it was moved,seconded and duly carried: That the Board of Directors hereby adopts Resolution No.80~~-2O-5,approving agreement with Daon Corporation,as amended,for advance payment of con nection fees and monies to the District to aid in the construction of facilities to serve the Big Canyon drainage area.A certified copy of this resolution is attached hereto and ‘made a part of these minutes, After a brief recess Director Straus’s requested clarification of the Board!s previous approval of amendments to the proposed agreement with Daon Corporation inasmuch as he apparently misunderstood that certain provisions would be deleted rather than amended,following which it was moved?seconded and duly carried: That the Board of Directors reconsider its adoption of Resolution No.80-20-5. Director Riley requested that his vote in opposition to the motion be made a matter of record. The Board then deliberated the agreement language and directed the General Counsel to delete,instead of amend,certain paragraphs and any references to pump stations in the final agreement;whereupon,it was again moved, seconded and duly carried: -5— 1/15/80 District 5 ..~J That the Board of Directors hereby approves Resolution No.80-20~.5,approving agreeu~nt with Daon Corporation for advance payment of connection~fees and other monies to aid in the construction of facilities to serve the Big Canyon drainage area.A certified copy of this resolution is attached hereto and made a part of these minutes. Director Riley requested that his vote in oppositon to the resolution be made a matter of record. 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 S:io p.m.,January 15,1980, 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 -6-