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
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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.
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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,
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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
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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:
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~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.
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District S —
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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.
.
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‘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:
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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
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