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Home My WebLink AboutMinutes 1988-06-01-j~. COUNTY SANITATION DISTRICT NO.13 OF ORANGE COUNTY,CALIFORNIA MINUTES OF ADJOURNED REGULAR MEETING June 1,1988 —7:30 p.m. Yorba Linda City Hall —Council Chambers 4845 Casa Loma Avenue Yorba Linda,California Pursuant to adjournment of the regular meeting of May 11,1988,the Board of Directors of County Sanitation District No.13 of Orange County,California, met in an adjourned regular meeting at the above hour and date. 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:Todd Murphy,Chairman,Ben Bay, Don E.Smith and John Sutton DIRECTORS ABSENT:Don R.Roth STAFF MEMBERS PRESENT:J.Wayne Sylvester,General Manager, Rita J.Brown,Secretary,Thomas M.Dawes, •Gary G.Streed, OTHERS PRESENT:Thomas L.Woodruff,General Counsel Discussion re long—range financial Staff briefly reviewed proposed plan modifications and action modifications to the District’s eliminating local government long-range financial plan deliberated by exemptions from connection fees the Board.at its adjourned meeting on April 25 whereat the Directors reviewed long—range financial projections and considered alternatives for financing projected operating and capital funding shortfalls brought about by the rising costs of complying with stricter environmental standards.Several Directors expressed their concern at that time over the provision in the District’s uniform “Regulations for Use of District Sewerage Facilities”that exempts local governing agencies,from connection fees used by the District to pay for the capital costs of sewerage system capacity.Federal and state agencies are charged the connection fee but local government is not.In District No.13, because no ad valorem taxes are received,local governmental agencies are not exempt from annual user fees which pay the cost of operating,maintaining and rehabilitating the sewerage system.The concern expressed by Board members was that by exempting local public facilities from paying the capital costs, particularly large projects such as the proposed new County jail complex in District No.13,the burden was perhaps unfairly shifted to the residents and businesses of the District,thus increasing the fees they would have to pay. After considerable discussion,the matter of local agency connection fee exemptions was referred to the Executive Cormnittee for review. On Apr11 25,after considerable deliberation and with the understanding that revisions could be made at a later date,the Board proceeded with the introduction and first reading of proposed changes to the user fee and connection fee ordinances as follows: ;:~w 06/01/88 9 District 13 Existing Proposed 1987-88 1988-89 ANNUAL USER FEE.Fee Fee Single—Family Dwellings/Condiminlums $70.00/building $78.40/dwelling unit Multi-Family Dwellings/Apartments $70.00/building $47.04/dwelling unit Comercial/Industrial/Other $70.00/building $56.12/1,000 sq.ft. (government buildings,utilities, nonprofit organizations,etc.) ONE-TIME CONNECTION FEE Zone A Residential $220 $220 Conmiercial/Industrial/Govérnmental/Other $45/1,000 sq.ft.$45/1,000 sq.ft. ZoneB Residential $1,250 $1,500 Comercial/Industrial/Governmental/Other $25O/1,000 sq.ft.$300/1,000 sq.ft. ZoneC Residential $1,500 $1,500 Comercial/Industrial/Governmental/Other $300/l,000 sq.ft.$300/1,000 sq.ft. Staff reported that the Joint Boards Executive Comittee considered the issue of local government exemption from connection fees at its May 4th meeting but did not reconmend any change in existing policy.However,the Coni~iittee did observe that the uniform use ordinance,which includes the connection fee policy,is adopted separately by each individual District and that each District has the option of amending its ordinance to remove the connection fee exemption for local governing agencies if the Board in any District determines that local government facilities place a disproportionate demand on the District’s system and does not equitably distribute the financial burden of sewerage service for that District. The General Counsel then reviewed a memorandum that he had prepared for the Board members concerning the Issue of connection charges for governmental agencies and the limits of the Board’s discretion in adopting non—discriminatory fees to equitably distribute the cost of sewerage service. Following a brief review by staff of new cash flow projections which had been revised tO reflect the latest information and the Board’s pending actions from the April 25th meetIng on user fee and connection fee schedules,the Directors entered into a discussion of the issue of exempting local governmental agencies from the sewer connection charges.After considerable dialogue and evaluation of the matter,it was moved,seconded and duly carried: That the Board hereby declares its intent to revise proposed Ordinance No.1302, An Ordinance of the Board of Directors of County Sanitation District No.13 of Orange County,California,Amending Ordinance No.1301 Establishing Regulations for Use of District Sewerage Facilities relative to connection fees,to strike Section 7O1.C.from Ordinance No.1301 thereby eliminating local governing agencies exemption from connection charges. -2- Ô6101/88 District 13 First reading of revised It was moved,seconded and duly carried: Ordinance No.1302 That revised Ordinance No.1302,An Ordinance of the Board of Directors of County Sanitation District No.13 of Orange County,California,Amending Ordinance No.1301 Establishing Regulations for Use of District Sewerage Facilities,be read by title only;and, FURTHER MOVED:That reading of said entire ordinance be,and is hereby, waived. Following the reading of revised Ordinance No.1302 by title only,it was then moved,seconded and duly carried: That revised Ordinance No.1302,An Ordinance of the Board of Directors of County Sanitation District No.13 of Orange County,California,Amending Ordinance No.1301 EstablishIng Regulations for Use of District Sewerage Facilities,be Introduced,and passed to the second reading on June 8,1988,at 7:30 p.m.,at the District’s administrative office. Second reading of proposed Moved,seconded and duly carried: Ordinance No.1303 That proposed Ordinance No.1303,An Ordinance of the Board of Directors of County Sanitation District No.13 of • Orange County,California,Establishing Sanitary Sewer Service Charges and Repealing Sections 703,704,705 and 706 of Ordinance No.1301,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 Ordinance No.1303 by title only. Adopting Ordinance No.1303 Moved,seconded and duly carried by the following roll call vote: That Ordinance No.1303,An Ordinance of the Board of Directors of County Sanitation District No.13 of Orange County,California,Establishing Sanitary Sewer Service Charges and Repealing Sections 703,704,705 and 706 of Ordinance No.1301,be adopted: AYES:Todd Murphy,Chairman,Ben Bay,Don E.Smith,John Sutton NOES:None ABSENT:Don R..Roth Adjournment Moved,seconded and duly carried: That this meeting of the Board of Directors of County Sanitation District No.13 be adjourned.The Chairman then declared the meeting so adjourned at 8:10 p.m.,June 1,1988. Secretary,Boar of Directors County Sanitation District No.13 of Orange County,California —3— I certify that the minutes of the adjourned regular meeting of County Sanitation District No.13 of Orange County,California,on June 1,1988, reporting the actions of said District,are a true and correct report of said minutes. i~2~ Chairman I ( Board of Direct~rs of County Sanitation District No.13 of Orange County,California Secretary,Boar of Directors of County Sanitation District No.13 of Orange County,California ---I’- S S . STATE OF CALIFORNIA) SS. COUNTY OF ORANGE Pursuant to California Government Code Section 54954.2, I hereby certify that the Agenda for the Adjourned Regular Board Meeting of District No.~held on _______________,i9~j was duly posted for public inspection at the main lobby of the District’s offices on _______________, l9~. IN WITNESS WHEREOF,I have hereunto set my hand this _____ day of ,19~. Rita J.Brown,Secretary of the Board of Directors of County Sanitation District No.3 of Orange County,California