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
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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:
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District No.5
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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
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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:
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0
0
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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
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