Loading...
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