HomeMy WebLinkAboutMinutes 1997-06-02COUNTY SANITATION DISTRICT NO.11
OF ORANGE COUNTY.CALIFORNIA
MINUTES OF SPECIAL MEETING
June 2,1997 -4:00 p.m.
Huntington Beach City Hall
Public Works Conference Room
2000 Main Street
Huntington Beach,California
The Board of Directors of County Sanitation District No.11 of Orange County,California,
met in a Special Meeting at the above hour and date.
The Chair called the meeting to order at 4:10 p.m.She announced that the purpose of
the meeting was to learn information regarding District Ii’s previous actions pursuant to
the Bolsa Chica Development,relevant LAFCO regulations,and to determine the
available options for District 11.
In the absence of the Secretary,Penny Kyle,Chair Dettloff appointed Judith Wilson
Secretary pro tem.The roll was called and the Secretary pro tem reported a quorum
present.
DIRECTORS PRESENT:Shirley Dettloff,Chair;Dave Sullivan;Joint Chairman
John Collins
DIRECTORS ABSENT:Todd Spitzer
STAFF MEMBERS PRESENT:Donald F.Mcintyre,General Manager;Judith Wilson,
David A.Ludwin,Gary Streed,Jim Herberg
OTHERS PRESENT:John Shaw,General Counsel;Tom Dawes,Les Jones
ISSUES RE ANNEXATION OF BOLSA CHICA John Shaw,Districts’Counsel,was
asked to review the substance of a 1991 agreement between District 11 and the
predecessor developer prior to Koll’s involvement with the project.This 1991 agreement
between the developer and District 11 presumed that there would be a build out of sewer
lines over a period of time.In order to provide for the required additional capacity,the
developer was required to place $500,000 into a CSDOC escrow account by 1994.The
developer and its successor party,Koll,have now paid in a total of $750,000.This
funding has been used to add additional capacity to the Slater pump station.There are
three different portions of the agreement which refer to District Ii’s obligation to annex.
In summary,Mr.Shaw opined that this 1991 agreement creates an absolute obligation to (~T~
annex on behalf of District 11.
Judy Wilson,CSDOC Chief Administrative Officer,then summarized relevant LAFCO
issues.She explained that if District 11 refused to annex District 11,the 1991
agreement not withstanding,Koll could go directly to LAFCO which would probably order
annexation.Further,if District 11 chose to condition the annexation,upon annexation to
the City of Huntington Beach,Koll,as the majority property owner,could file a majority
protest requiring LAFCO to terminate annexation proceedings.
The discussion then proceeded to the status of the Koil project.It was noted that Koll
would begin grading in November and that their tract map was filed with the County.
Other physical improvements required are small lines,a collector to the CSDOC lines,
and additional pumping facilities to move the wastewater over the mesa.
General Manager Don Mcintyre noted that with the annexation of the Koll property,
District 11 should probably move to consolidate Sunset Beach Sanitary District (a group
of approximately 40 homes.)
Director Sullivan asked Mr.Shaw about the previous violation of a pre-annexation
agreement between the City and the developer,and whether that impacted the 1991
agreement.Mr.Shaw responded that the 1991 agreement is a stand-alone agreement
and does not refer to any other agreements or side letters.Therefore,any violation of a
previous pre-annexation agreement with the developer would not impact District Ii’s
1991 agreement with the developer.
It was noted that the developer was considering the formation of a Municipal Mutual
Water District as an alternative to annexing to District 11.Both Don Mcintyre and Judy
Wilson noted LAFCO’s movement to the consolidation of small special districts and they
felt that the probability of LAFCO approving such an arrangement was quite low.
There were then questions from the public regarding various LAFCO regulations.
Adjournment
It was moved,seconded and duly carried that this meeting of the Board of Directors of
County Sanitation District No.11 of Orange County,California,be adjourned.The Chair
then declared the meeting so adjourned at 5:10 p.m.
~~~9~etary pro tern of the Board of
Directors of County Sanitation District
No.11
H:\WP.DTA~DMIN\BS\MIN97~6O297.WPD