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HomeMy WebLinkAboutMinutes 1981-07-01I COUNTY SANITATION DISTRICT NO.5 OF ORANGE COUNTY,CALIFORNIA MINUTES OF ADJOURNED REGULAR MEETING July 1,1981 -7:30 p.m Newport Beach City Hall Council Chambers 3330 Newport Boulevard Newport Beach,.California Pursuant to the adjournment of the regular meeting held June 10,1981,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 Council Chambers. The Chairman called the meeting to order at 7:30 p.m..The roll was called and the Secretary reported a quorum present. DIRECTORS PRESENT:Jacqueline Heather (Chairman),John Cox.,Jr. and Thomas Riley DIRECTORS ABSENT:None STAFF MEMBERS PRESENT: OThERS PRESENT: Public Hearing on proposed Ordinance No.511 and Sewer Service Charge Report for 1981—82 Report for Fiscal Year J.Wayne Sylvester,Secretary,Blake Anderson, Rita Brown,William N.Clarke,.Tom Dawes and Ray Young Thomas L.Woodruff,General Counsel,Jacob Anderson,Joe Devlin,Tom Evans,Frank Hughes, Jim Martin,Mary Moyer,Dennis O’Neil,L..J. Post,Gordon Provice,William Shaver,Merrill Skilling,Dick Stewart and Margaret Stewart **************** The Chairman declared the hearing on Ordinance No.511,An Ordinance of the Board of Directors of County Sanitation District No.5 Establishing Sanitary Sewer Service Charges,and the County Sanitation District No.5 Sewer Service Charge 1981-82 open at 7:30 p.m.. The Secretary reported that this was the time and the place noticed for the purpose of receiving a written report pertaining to the providing of ~sewer service for all properties within the District and to consider Ordinance No.511 to establish a fixed service charge to be collected on the property tax roll for the 1981-82 fiscal year. Official notice of the hearing was mailed on June 5,1981,to over 18,000 property owners of record on the last equalized assessment roll of the County of Orange in accordance with the provisions of Section 5473.1 of the California Health and Safety Code. District No.5 7/1/81 A legal notice of the hearing was published in the Orange Coast Daily Pilot on June 11,1981,and again on June 18,1981.. In addition,advertisements describing the proposed sewer service charge and announcing the hearing were published on June 3rd and 17th’in thd Newport Ensign,June 5th in the Orange Coast Daily Pilot and June 14th ir~the Los Angeles Times. The Director of Finance reiterated that the purpose of the hearii~g was to consider a resolution of the serious financial problems of~Distri~ct - No.5.He stated that the root of the problem was really threefold.First, District No.5 has an old sewer system,one of the oldest in the County,that is rapidly deteriorating and is in need of major rehabilitation ~ork,as evidenced by the recent break in Pacific Coast Highway whi~h c1o~ed Newport Harbor in March.Secondly,impacts on operating costs beypnd the1 District’s control caused by skyrocketing energy costs,escalating in~1atior~and more stringent treatment requirements imposed by Federal and St~.te ag~ncies.Thirdly, the District’s revenues have decreased by over 60%since 1978. Following a brief slide presentation depicting the issues facing the District, the staff summarized the public commentary to date: Four Public Workshops were held to inform property own~rs of the proposed sewer service fee: - No.1 -On June 11th in the Newport Beach City Co~mci1 Chambers -Attendance 9 No.2 -On June 16th at the Oasis Center in Corona del Mar -Attendance 6 No.3 -On June 18th at the Police Department Auditorium (Fashion Island area)-Attendance 0 No.4 -On June 25th also.at the Police Departmen~ Auditorium (Fashion Island area)-Attendance 7~ -In addition,staff met with: Homeowner’s Association Presidents on June 2nd -Attendance 4 Public Service ~Interest Group Presidents on Junk 9th (two meetings)-Attendance 6 and 0,respectively The Chamber of Commerce on June 15th -Attendance 12 The Newport-Mesa Board of Realtors on June 18th -Attendknce 50 -Staff also appeared before the City Council on April 13th and~June 8th. The questions raised at these public meetings dealt primarily with the issue of: —2— District No.5 / 7/1~8] -Proposition 13 and governmental economy -The equitability of the proposed system of charges -Why the charge was not based on actual volume and collected on the City water bill -Whether or not the proposed fees would be used to pay for sewers to accomodate growth -Why District No,5 was the first District to require a fee and its relationship to the other six regionaF Sanitation Districts and the City of Newport Beach -Other technical questions relative to construction and operation of District facilities The staff also reported that 198 of the response cards attached to the mailed notice were returned: -Ninety-nine owners felt their property was not connected or were unsure,or felt their fee should be modified because of lesser water use then their water meter size might otherwise indicate... These proposed fees were investigated and: Thirty-four were correct and no adjustment.was made.. -Sixty-five were.modified or assessed a zero charge because the property,was not connected. -Twenty-five advised of a change of ownership. -Four thought the charge on the City water bill paid for District sewer service, -Fifty-four just returned the card without comment because they thought they were supposed to. -Sixteen raised the same issues that were brought out at the public workshops. Sixty-two telephone calls asking basically the same type of questions were fielded by the office staff prior to the hearing.’ The Director of Finance then addressed each of the issues that had been raised in the public meetings.He explained the role of the District as a public utility:providing an essential service necessary for The protection of the public health and safety,its unique problems;and he described the financing needs proposed to be met by a user fee,required because of a 60%reduction in tax revenues since 1978 when Proposition 13 was passed.Mr.Sylvester pointed out the Board’s declared intent that the user fee program,be equitable and explained the reasons for the basis of the proposed charge and its collection on the property tax bill.It was emphasized that the fees would not be used to pay for facilities to accomodate growth,as expansion of the system is funded by a separate connection fee on new development. Following the staff report the Secretary reported that two formal communica tions regarding the proposed sewer service fee had been received,whereupon —3— That the following written communications regarding proposed Ordinance No.511,0AnOrdinanceoftheBoardofDirectorsofCountySanitation~Distri5t No..5 Establishing Sanitary Sewer Service Charges,be,and are hereby,received and ordered filed: -Letter dated June 15,1981,from Newport Harbor Chamber~of Com~nerce —Letter dated June 25,1981,from Lido Isle Community Association The Chair then recognized the following persons who address~d the Board regardin~g the proposed sewer service charges: Frank Hughes William Shader M~i~rfll Skilling Dick Stewart’ Tom Evans L.J.Post Mary Moyer Margaret Ste~art Gordon Provice Each addressed the Board and expressed opposition to the proposed ~ervi.ce charge, the reasons therefor being those previously summarized from the public meetings. Following responses to the public oral comment by Directors and staff,the Chairman declared the hearing closed at 8:44 p.m. Receive,file and adopt Sewer Moved,seconded and duly ~arried~ Service Charge Report for Fiscal Year 1981-82 That the County Sanitation District No.5 Sewer Service Charge Repoijt for Fiscal Year 1981-82,be,and is hereby,received,ordered filed and adopted. Second reading of proposed Moved,seconded and unanimously carried: Ordinance No.511 That Ordinance No.511,An Ordinance of the Board of Directors of County Sanitation District No.5 Estab1lishing Sanitary Sewer Service Charges be read by title only;and, FURTHER MOVED:That the second reading of said ordinance in its entirety be, and is,hereby,waived,whereupon the Secretary read Ordinan~ce No..511 by title only. Adopting Ordinance No.511 Moved,seconded and duly carried by the following roll call vote: That Ordinance No.511,An Ordinance of the Board of Directo~s of county Sanitation District No.5 Establishing Sanitary Sewer Servic~Charges,be, adopted: AYES:Directors Jacqueline Heather (Chairman),John Cox,~Jr.ar~d Thomas Riley NOES:None ABSENT:None District No.5 7/1/81 it was moved,seconded and duly carried: ...—~...“.____ 0 0 -4- District No..~5 Approving agreement with Daon Corporation re advance payment of connection fees re Big Canyon drainage area and rescinding Resolution No.81-88-5 That the Board of Directors hereby adopts Resolution No.81-93-5,approving agreement with Daon Corporation re advance payment of connection fees to aid in construction of facilities to serve the Big Canyon drainage area,relative to release of construction bond and reimbursement of monies advanced by Daon,acknowledging a transfer in payment obligation amount to J.M.Peters Company,Inc..and rescinding Resolution No.81-88-5.A certified copy of this resolution is attached hereto and made a part of these minutes. Approving agreement with J.M. Peters Company,Inc.for advance payment of connection fees re Big Canyon drainage area That the Board of Directors hereby adopts Resolution No.81-94-5,approving agreement with J.M.Peters Company,Inc.for advance payment of connection fees to aid in construction of facilities to serve the Big Canyon drainage area in the amount of $350,000.A certified copy of this resolution is attached hereto and made a part of these minutes. Adjournment Moved,seconded and duly carried: That this meeting of the Board of Directors of County be adjourned.The Chairman then declared the meeting July 1,1981. Chairman of the Board of Directors County Sanitation District No.5 of Orange County,California Following a brief report by the General Counsel it was moved,seconded and duly carried: Following a brief report by the General Counsel it was moved,seconded and duly carried: Sanitation District No.5 so adjourned at 8:49 p.m., Secretary of the Board of Directors County Sanitation District No.5 of Orange County,California —5— I,