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Home My WebLink AboutMinutes 1982-07-28COUNTY SANITATION DISTRICT NO.5 OF ORANGE COUNTY,CALIFORNIA MINUTES OF ADJOURNED REGULAR MEETING July 28,1982 —8:00 p.m Newport Beach City Hall Annex 3300 Newport Boulevard Newport Beach,California Pursuant to the adjournment of the regular meeting of July 14,1982,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 Hail Annex. The Chairman called the meeting to order at 8:00 p.m.The roll was called and the Secretary reported a quorum present. DIRECTORS PRESENT:Jacqueline Heather (Chairman),John Cox, Thomas Riley DIRECTORS ABSENT:None STAFF MEMBERS PRESENT:Fred A.Harper,J.Wayne Sylvester, Secretary,Rita Brown - OTHERS PRESENT:Thomas L.Woodruff *************** Public Hearing on proposed The Chairman declared the hearing on Ordinance Ordinance No.513 and Sewer Service No.513,An Ordinance of the Board of Directors Charge Report for 1982—83 of County Sanitation District No.5 of Orange County,California,amending Ordinance No.511 Pertaining to Sanitary Sewer Service Charges;and the County Sanitation District No. 5 Sewer Service Charge Report for Fiscal Year 1982—83 open at 8:00 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.513 to establish a fixed service charge to be collected on the property tax roll for the 1982—83 fiscal year. The Director of Finance reviewed the background of the District’s user fee program. On July 1,1981,following notice to all property owners in the District and a series of public workshops and hearings,the Board adopted a user fee program to make up the shortfall of ad valorem tax revenues and provide needed additional financing for operations and major rehabilitation work on the sewer system.To achieve equity the fee is calculated on sewage volume based on water meter size.94% of the connected properties pay the minimum fee of $26.40/year. He reported that because of the short time frame for implementing the financial plan last year,it was not possible to identify all the multiple unit properties within —1— District 5 7/28/82 the District;and that the Board had directed the staff to deve1o~an equitable fee structure for multiple units to be considered for adoption in 1982—83. At an adjourned meeting on June 23,1982,the Board considered a separate staff report recommending that the multi—dwelling rate be establi~hed at~60%of the single dwelling rate.The report further stated that because of e~ctremel~’favorable bids on construction contracts awarded in 1981—82,and other factor~,the District could forego the projected doubling of the use fee for 1982—83 th~t had been anticipated when the financial plan was adopted last year. The recommended rates are: SINGLE UNIT PARCELS (Same Fee as 81—82) CONNECTED 1982-83 CHARGE METER SIZE MONTHLY AVERAGE ANNUAL FEE 1”or less $2.20 $26.40 1½”4.37 52.50 2”8.75 105.00 3”17.50 210.00 4”35.00 420.00 60 70.00 840.00 8”140.00 1,680.00 MULTI-UNIT PARCELS (New Fee) PER UNIT $1.32 $]i5.85 Following consideration of the report on June 23rd,the Board~dec1a~ed its intent to adopt the proposed rates and fixed the time and place for a public hearing,on the 1982—83 fee schedule. On June 30th,notice of the July 28th hearing and a public wo~kshop to be held on July 12th was mailed to 210 property owners of record with more than three dwelling units.Copies of the notices were also provided to the press~ As prescribed by law,a legal notice of the hearing was published in the Orange Coast Daily Pilot on July 8,1982,and again on July .21,1982. In addition,quarter—page ads describing the proposed sewer service ~harge and announcing the public workshop and the hearing were published the Newport Harbor Ensign on July 8th,the Daily Pilot on July 7th &10th and the~L.A.Times on July 7th.New releases were also provided to the press on June 30th and July 7th. Mr.Sylvester reported that the public workshop was held in the police department auditorium on Monday evening,July 12th and that three persons~attended.Mr. —2— District 5 7/28/82 Basmajian,the Treasurer of The Balboa Bay Club,questioned assessment of the multi—unit charge because of the nature of the Club’s residency.The Industrial Waste Division has reviewed this matter and determined that the Bay Club should be handled as a Class II permittee under the District’s industrial/commercial use ordinance and have so advised Bay Club representatives. The apartment manager of property at 102—106 East Bay in Balboa presented a petition opposing the proposed multi—unit fee.Following the workshop staff also contacted Mrs.Fosnight,owner of the property on East Bay and explained the proposed multi—unit fee.She expressed the opinion that the City of Newport Beach should appropriate some of their excess funds for sewer repairs.The staff explained the relationship of the City and the District relative to sewer services. The Chairperson of the 1981—82 Orange County Grand Jury Committee studying special districts also attended as an interested observer. In addition to the petition filed by the tenants at the Bay Street address,a letter was received from Mr.Marcus Kaufman,owner of two parcels on Marquerite in Corona Del Mar,who apparently misunderstood the proposed multi—unit fee.The staff wrote to Mr.Kaufman clarifying the basis of the proposed charge. Mr.Sylvester also reported that staff had received 25 telephone calls. - Most of the inquiries concerned the number of dwelling units of record on the parcels in question.The Industrial Waste Division has investigated each,and any necessary adjustments have been made. It was then moved,seconded and duly carried: That the following written communications regarding proposed 1982—83 Sanitary Sewer Service Charges,be,and arehereby,received and ordered filed: Letter dated July 2,1982 from Marcus Kaufman,et al.,owners of property at 311—313 and 325—327 Marguerite,Corona Del Mar Petition dated July 11,1982 signed by 16 tenants of property at 102—106 East Bay,Balboa The Chairman then called for oral public comment.There being none,the Chairman declared the hearing closed at 8:06 p.m. Receive,file and adopt Sewer Moved,seconded and duly carried: Service Charge Report for Fiscal Year 1982—83 That the County Sanitation District No.5 Sewer Service Charge Report for Fiscal Year 1982—83, be,and is hereby,received,ordered filed and adopted. —3— 7 District 5 7/28/82 ¶~ 4, Second reading of proposed Moved,seconded and duly carried:Ordinance No.513 That Ordinance No.5]J3,An Ordinance of theBoardofDirectorsofCountySanitationDistrictNo.5 of ~range County,California,amending Ordinance No.511 Pertaining to Sanitary Sewer Ser1vice CI’~arges be read bytitleonly;and, FURTHER MOVED:That the second reading of said ordinance in its entirety be,and ishereby,waived;whereupon the Secretary read Ordinance No.513 by title only. ~çpting Ordinance No.513 Moved,seconded and.duly carried by the following roll call vote: That Ordinance No.513,An Ordinance of the Board of Directors of County SanitationDistrictNo.5 of Orange County,California,Pertaining to Sanitary Sewer ServiceCharges,be,and is hereby,adopted: AYES:Directors Jacqueline Heather (Chairman),John Cox,Jr.and Thomas Riley NO~:None ABSENT:None Directing County Auditor Moved,seconded and duly carried:Controller to include sewer service /~0chargeson1982—83 property tax That the Boards of Dir1ectors hereby adoptbills,pursuant to Ordinance No Resolution No.82—112—5,directing the County513Auditor—Controller to includ~sewer service charges on 1982—83 property t~ax bills forcollection,pursuant to Ordinance No.513,An Ordinance of the Board of Directors ofCountySanitationDistrictNo.5 Amending Ordinance No.511 Pertaining to SanitarySewerServiceCharges. ~4iournment Moved,seconded and duly carr1ied: That this meeting of the Baord of Directors of County Saitation Dis~trict No.5 beadjourned.The Chairman then declared the meeting so adjourned at 8:08 p.m.,July28,1982. Chairman of the Board of Dire~ County Sanitation District No of Orange County,California Secretary of the Board of Directors County Sanitation District No.5 Orange County,California :tors .5 B £~L