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HomeMy WebLinkAbout1976-05-12COUNTY SANITATION DISTRICTS OF ORANGE COUNTY, CALIFORNIA P. 0. BOX 8127, FOUNTAIN VALLEY, CALIFORNIA 92708 10844 ELLIS AVENUE (EUCLID OFF-RAMP, SAN DIEGO FREEWAY) May 6, 1976 NOTICE OF REGULAR MEETING DISTRICTS NOS. lJ 2} 3} 5} 6} 7} & ll WEDNESDAY, MAY 12, 1976} 7:30 P.M. 10844 ELLIS AVENUE FOUNTAIN VALLEY, CALIFORNIA TELEPHONES: AREA CODE 714 540-2910 962-2411 TI1e next regul.ar rnectiDg of the Boards cf Directors of County S:ini tation Districts Nos. 1, 2, 3, 5, 6, 7, and 11 of Orange County, California, will be held at the above hour and <late. Scheduled Upcoming ~.1eeting~: ----------------- DISTRICT 11 ADJOUR~ED r~TG. -- u (/l/l 1 I (Jcretary Monday, May 2•~, 1976, 7:00 p.m., Ilrn:tingto:-.. Beach Council Clian~bers EXECUTIVE cmr.\llTTEE -Tuesday, June J, 1916, 5:30 p.m. (TPntative) MANAGER'S AGENDA REPORT County Sanitation Districts of Orange County, California JOINT BOARDS May 1 2 , 1976 -7:30 p.m. Post Office Box 8127 10844 Ellis Avenue Fountain Valley, Calif., 92708 Telephones: Area Code 71 4 540-2910 962-2411 The following i s a brief explanation of the more important , non-routine items which appear on the enclosed agenda and which are not otherwise self-explanatory . Warrant lists are now en- closed with the agenda material , summarizing bills paid since the April Joint Board meeting . Joint Bo ards No. 9-a -Change Order No . 1 -Job No. PW-049 -New Water We ll at Plant No . 1. The contractor has requested an extension of time of 45 calendar days on his current contract because of an emergency commitment. The staff recommends this change order for time extension only, at no c ost to th e Districts, because the delays will not affect the Districts ' requirements for the installation of the water well at Pl ant No . 1. No . 9~b -Addendum No. 1 to Job No . E-079 -Rehabilitation of Rothrock Outfall Pumping Station . This addendum was issued pursuant to requests by certain equipment contractors regarding the torsional analysis which was to be completed and made a part of the drive system to be submitted at the 'time of the bid. Torsional information cannot be developed until the successful bidder is named in order to make the engines compatible with to-be-purchased gear and pump eq uipment . The staff recommends approval o f this addendum to the plans and specifications for this job. No. 9 -c -Consideration of Awa rd of Purchase Contract for One (1) Outfall Eng ine, Job No . E-079 . Bids were opened for this equipment on May 3, 1976. Three bids were received, ranging in price from $76 ,318 to $99 ,250 .98 . We therefore recommend award of a purchase contract to the low bidder, Waukesha Engine Service, Inc., for one (1) engine in the amount of $76,318 , and that we proceed , as previously authorized, in the ne got iated purchase of the two (2) "used" engine s from P&S Repair Service for $55,600 each , plus tax ($3,336) and fr eight (estimated at $1 ,10 0). ·Total price, in- cluding tax and freight -$60,036 each . No. 9-d -·Request for Approval of Directors' F ees and Compen sation . It is requested that the Joint Boards authorize payment of compensation to the Joint Cha i rman and a Director for a tt endin g meetings on behalf of the Distric ts as described in the agenda . No. 9-e -Amendment to PERS Agreement . Resolution No. 76-84 formalizes the action taken by the Boards on April 14th, to depool from the PERS funding pool, and provid es fo r one-year final compensation basis for r et irement · benefits. This action will reduc e the perc e n t age of Districts' contrib ution to th e PERS and is consistent with the Districts ' objective of transferring to the Orange County Employees Retire- ment System, which is presently under consideration. We have just been advised by PERS that under our present situation, the Distr icts ' contribution to PERS will be 11.51%. Depooling will reduce the Districts contributi on effect ive J u ly 1st , to 7.96%, which represents a savings of $37 ,870 for the corning year. Districts Nos. 1 and 7 No . 9 -f -Desig n Fee for Raitt Street Trunk Sewer . Pursuant to the District No. 1 Board 's authorization , the staff has negotiated with Boyle Engineering Corporation for the engineering design to be accomp l ished for the proposed Raitt Street Trunk. The total estimated cost, includ ing construction engineer- ing de sign, surveying, construction inspection, and incidental costs is approximately $1 ~ million . We have negotiat ed a fee for the proposed project of $65,900 , which does not include the field survey services and construction staking . The necessary s urvey- ing will be p e rforme d on a per diem b as is at t h e hourly rates included in the engineering firm's proposal dated May 5th . The cost of this facility will be shared by Districts Nos. 1 and 7 in accordance with the following: District No . 1 District No. 7 95% 5% It is the staff 's recommendation that the proposal of Boy l e Engine e ring Corporation b e a ccepted. -2- , (' District No. 2 No. 9-g -Proposed Annexation No . 15 -Request for Annexation of Territory to Sanitation District No . 2. Included with the agenda material is a l etter requesting annex ation of 26.382 acres to Sanitation District No . 2 . The action appearing on the agenda is to r efer t he matter to the District's staff for study a nd recommendat ion. District No. 3 No. 9-h -Se wer S ervice for La Habra ~eigh ts Area , Los Angeles County. The staff has had discussions with representatives of the City of La Habra and the Los Angeles County Engineers ' office to con -. sider possible sewer se r vice for unincorporated areas in Los Angeles County tributary to the Santa Ana Basin . The waste treatment flows fr om this area are minimal (1/4 mgd). It i s ant i cipated that a 3 -way agreement will be developed involving the City of La Habra , the County of Los Angeles and District No . 3 , However, because the Districts ' flows are reaching existing treatment plant capacity and the State and EPA have b ee n reluctant to auth orize construction of additional capacities , actual c onnections may not be permitted for some time to come . The action app e aring on the agenda receives and files the County of Los Angeles request and refers it to the staff for study and recommendation . No. 9 -i -Stop Notice on Contract No. 3-20 -2 . The Distr i cts have received a Stop Noti ce in the amount of $585 against the ·Districts ' contractor . District No . 5 No . 9 -j -Agreeme n t with the City of Newport Beach fo r Collection of District Connection Fees . We have received a request from th e Ci ty of Newport Beach to amend the current agreement for collection of District connection fees . The current agreement provides for a 5% administrative fee payable to the City by the District upon invoicing , based on the dollar amount of District connection fees coll ected by the City. Th e ir Finance Direc tor wishes to deduct the 5% fee from t he month l y r emittanc e , rather than invoicing the District separately . This procedure is u sed in Districts 2 and 3 , and is currently proposed to b e u sed in Distric t No . 7. It is the staff's recommendat ion to approve the request of Ne wport Beach . -3- District No. 7 No. 9-k -Ordering Annexation No. 42 ~ Tract No. 8640. In October, 1974, the Board authorized the initiation of annexation proceedings for Tract No. 8640 to annex approxi - mately 23 acres in the vicinity of Skyline Drive and Plantero Drive. The property will be divided into single-family resi - dential l ots and the wastewater discharge wil l be consistent with the flows anticipated by the Districts ' Master Plan . We have now received Local Agency Formation Commission approval and the proponent has paid the District's annexation fees. The staff recomm ends adoption of Resolution No . 76 -86 -7, ordering annexation. No. 9 -1 -Ordering Annexat i on No. 46 -Tracts 8799 and 8827 . In March, 1975, the Board authorized init iation o f proceedings t o annex 62.64 acres in the vicinity of Orange Park Acres Boulevard and Chapman Avenue. The following special conditions were placed on this annexation: (1) That annexation fees for Tract No. 8827 (19+ acres) would be due and payable prior to final approval of Annexation No. 46 . The proponent was to execute a note for the balance of the unpaid annexation fees (based on approximately 42 acres (Tract No . 8799) $41 ,460) and a Deed of Trust with an Assignment of Rents to the District to secure said note. (2) Semi -annual payment of interest on said note at the rate of 7% per annwn . (3) Payment of unpaid District No. 7 annexation fees in effect at the time the Tract No . 8799 map is recorded, but in no event later than July 1 , 1977. The District is in receipt of the annexation fees for Tract No. 8827, the executed Promissory Note, and other necessary documents, including approval of the Local Agency Formation Com- mission . It is the staff 's recommendation that the Board formally approve Annexation No . 46 in the City of Orange . No . 9-m -Request for Annexation of Tract No . 8745 -Annexation No. 54 . Last month, the Board referred a request for annexation of 22 acres in the vicinity of Chapman Avenue and the proposed ex- tension of Crawford Canyon Road to the staff for a recommendation . The development p roposed meets the District low-density residential -4- crit eri a which has been established for this area in the District Master Plan and the property is within the Ci ty of Orange . The staff r ecommends that the Board adop t Resolution No. 76 -88 -7, ini t iat in g annexation proceedings . District No . 11 No. 9 -n -Change Order No . 2 to Contract No. ll-4R -Remodel Newland-Hamilton Pumping Stat i on Facilities. This change order adjusts the engineer 's quantities and grants a time extension of 66 calendar days for material delays sustained by the contractor. The adjustments of the engineer 's quantities adds six lineal .feet to .the perimeter block wall at a total change in the amount of $157 ,31. The staff recommend s acceptance of this change order . No. 9 -o -Accepting Contract No . ll -4R as Complete. The contractor, Clifford L . Thompson Construction Company, has completed the r emode ling of the Newland-Hamilton Pumping Station facilities in accordance with the plans and specifications. This contract was for the rehabilitation of the exterior of the pumping facilities~ including landscaping, paving and perimeter block wall to make the facilities more compatible with the existing develop - ments in the area. Southern California Gas Company cooperated in this project by paying fo~ work included in the contract which affected their adjace nt facilities . Final a djusted contract price for this project is $21 ,1 93 .26 which is well be l ow the budget amount of $40,000 as authorized in this year's budget. The staff recommends acceptance of the work and authorization to file the NotiQe of Completion on this project . All Districts No. 11 -Report of the Executive Committee. The Committee met on May 4th and enclosed for the Dir ectors is a written report of their discussions and recommended i tems for .cons id eration by the Boards. No. 1 3 -Staff Progress Report on JPL-ACTS Pilot Plant Facility. The staff wi ll make a slide presentation and briefly review the status of this project, detailing some of the construction procedures employed in constructing this 1 mgd facility in less than six months. -5- Dist ric t No . 11 No . 28 -Adjournment to May 24th . The staff i s recommending that the Board adjourn to 7 :00 p .m., Monday, May 24th , for the purpose of meeting jointly with the Huntington Beach City Council in a workshop session to discuss the proposed District Master P l an which is being prepared by Keit h and Associates, consulting engineers to the District . -6- F red A . Harper General Manager ·DISTRICTS 2,3,5,6 & 7 ITEMS ON SUPPLEMENTAL AGENDA . ( 3) \J\ \S FILE LETIER ............. . A/C .... TKL R ... . Consideration of motion to receive and file minute excerpts from the following cities regarding elections of mayors and appointment of alternates, and seating new membe1s of the Boards: (*Mayor) City Anaheim Cypress Newport Beath Placentia Stanton Villa Park District(s ) 2 & 3 3 5 5 6 7 2 3 2 Active Miriam Kaywood Alice J. MacLain* Howard Rog e rs* Donald Mcinnis Paul Rycoff Pete Barrett Alternate W. J . Thom* Otto Lacayo Ray Williams Howard Rogers* Howard Rogers* Donald A. Holt\, Jr . George F. DeJesus* Martha V. Weishaupt* Harry L. Miller Donald Winn Harry F . Tipton* II ~ BOARDS OF DIRECTORS Cou nty Sanitation Districts Post Office Box 81 27 of Orange County, California 10 844 Ell is Avenue Fo unt a in Va ll ey, Calif., 92708 T elephones: JOINT BOARDS Area Code 714 5 4 0 -2910 962-241 1 AGENDA MEETI NG DATE MAY 12J 1976 -7:30 P.M. THE JOINT CHA I RMAN HAS RE QUESTED THAT ANY DI RECTOR WITH A QUES TION ON CONSENT CALE NDAR ITEMS OR ANY OT HER AGENDA ITEM PLEA SE CONTACT THE MANA GER OR AP PROPRIATE DEPARTMENT HEAD FOR FURTHER I NFOR MATIO N PRIOR TO THE MEETING, (1) Pledge of Al legiance and Invocation (2) Roll Ca ll (3) Consideration of motion to receive and f ile minute excerpts re seating of new Director s . See supp l emen tal agen da (4) EACH DIST RICT Cons i derati on of motions approving mi nutes of the fol l owing meetings, as mailed: ti\\!> District 1 -Apri l 14, 1976 regu lar, and April 21, 1976 adjourned ..._\ ~ District 2 -April 14, 1976, regul ar ~\S Dis t rict 3 -April 14, 1976, regul ar ft\\.S. District 5 -April 14, 1976, regul ar . It\\$ District 6 -April 14, 1976, regul ar MIS District 7 -April 14, 1976, regul ar r..t s District 11 -April 14, 1976, regu l ar (5) EACH DISTRICT Ann ual election of Chairmen and Chairmen pro t e rn of the Boards (a) Distr ict 1 ~-\-~ (b) District 2 W~"4-~ (c) District 3 w~~~ (d) District s~~'\-..~ (e) District 6~---~ (f) District 7~~ (g) District 11 ~ ~ ~fUl.... (6) Appointment of Chairmen pro tern, if necessary FILE ......... (7) ALL DISTRICTS LETIER ............•• Reports of: A/C •••• TKLR .••• (a) Joint Chairman ·-··-·······-··-· ,_,, (b) General Manager --·-··---- (c) General Counsel (8) ALL DISTRICTS Consideration of roll call vote motion ratifying payment of claims ROLL CALL VOTE ....... _ ..... of the joint and individual Districts as follows (Each Director shall be called only once and that vote will be regarded as the same for each District represented, unless a Director expresses a desire to vote differently for any District): JOINT OPERATING FUND See page(s) "A" and "D" CAPITAL OUTLAY REVOLVING FUND See page(s) "A" and "D" DISTRICT NO. 1 NONE DISTRICT NO. 2 See page(s) "B" and "E" DISTRICT NO. 3 See page(s) "B" and "E" DISTRICT NO. 5 See page(s) "E" DISTRICT NO. 6 NONE DISTRICT NO. 7 See page(s) "C" and "F" DISTRICT NO. 11 See page(s) "C" (9) ALL DISTRICTS CONSENT CALENDAR Roll C.fl Vote or Cast Unanimous Ballot ITEMS NOS. 9 (A) THROUGH 9 ( 0 ) All matters placed upon the consent calendar are considered as not requiring discussion or further explanation and unless any particular item is requested to be removed from the consent calendar by a Director, staff member, or member of the public in attendance, there will be no separate discussion of these items. All items on the consent calendar will be enacted by one action approving all motions, and casting a unanimous ballot for resolutions included on the consent calendar. All items removed from the consent calendar shall be considered in the regular order of business. Members of the public who wish to remove an item from the consent calendar shall, upon recognition by the chair, state their name, address and designate by letter the item to be removed from the consent calendar. * * * * * * * * * * * * * * * * * * Chairman will determine if any items are to be deleted from the consent calendar. h Consideration of action to approve all agenda items appearing on the consent calendar not specifically removed from same. -2- (9) (CONSENT CALENDAR continued from page 2) ALL DISTRICTS FILE ···········-··- LETTER ···-··-··- A/C •••• TKLR ·- · FILE ••••• t ......... . ..._~~?!_ER·-~).~: -~" A/C ·--TKLR -· ·--~~::. ... '::. ... __ FILE ................ .. LETTER ·······-··· .. A/C •••• TKLR ·-· ..__.. .. _______ __ ............_ ______ ... FILE •••••••.•.•••••••• LETTER ·······-····· A/C .... TKLR •••• w~. ·',,,,,,. (a) Consideration of motion approving Change Order No. 1 to the plans and specifications for New Water Well No. 1 at Plant No. 1, Job No. PW-049, granting a time extension of 45 calendar days to the contract with McCalla Bros. in order 'to allow McCalla Bros. to complete an emergency commitment to the Southern California Water Company. See page "G" (b) Consideration of motion approving Addendum No. 1 to the plans and specifications for Rehabilitation of Rothrock Outfall Pumping Station, Plant No. 2, Huntington Beach, California, Specification No. E-079 (c) (d) (e) Consideration of Resolution No. 76-83, to receive and file bid tabulation and recommendation, and ·awarding purchase contract for one new, dual fuel, gas engine for Rehabilitation of Rothrock Outfall Pumping Station, Plant No. 2, Huntington Beach California, Specification No. E-079, to Waukesha Engine Servicenter, Inc., in the amount 9f $76,318.00 including tax and freight. See pages "H" and "I" Consideration of motion ratifying attendance of Joint Chairman Don Winn at a meeting with members of the State Water Resources Control Board in connection with the proposed Committee of Locally Elected Officials in Sacramento on February 18, 1976; and ratifying attendance of Director Frances Wood at the National Association of Regional Councils Water Quality Workshop relative to 208 Planning, in Burlingame, California,-on May 5, 6 and 7, 1976, and authorizing compensation and reimbursement of expenses in accordance with existing policies Consideration of Public Employees Retirement System standard Resolution No. 76-84, approving amendment to Retirement System contract to depool from the State funding pool, and providing one-year final compensation basis for retirement benefits (Finalizes the Boards' declaration of intent on April 14, 1976, Resolution No. 76-62.) DISTRICTS 1 & 7 f1LE ---~········ LETTER .~t.\:.'C' A/C .••. TKLR _ ----............... ____ _ ···-··-·····-··--- FlLE .•....• !:-::: ....•• LETTER ····-·-·- A/C .... TKLR ' / (f) Consideration of motion to receive, file and accept proposal of Boyle Engineering Corporation, dated May 5, 1976, for preparation of plans and specifications for Raitt Street Trunk Sewer, for a lump sum fee of $ 65, 900. 00. See page "J" DISTRICT 2 (g) Consideration of motion to receive and file request from G. L. Lewis Company for annexation of approximately 26.382 acres of territory to the District in the vicinity easterly of Mesa Drive and Loma Street,. and refer-to staff __ for study. and ...... . recommendation (Proposed Annexation No. 15 -Tract No. 8885 to County Sanitation District No. 2). See page "K" (CONSENT CALENDAR continued on page 4) -3- (9) (CONSENT CALENDAR continued from page 3) FILE -··········-~--- LETTER •••••••••••••• A/C ••• ~TKLR ..1.: FILE ....•...•..•••..•• LETTER ············- A/C .... TKLR •••• '~ FILE •••••.•. ~ ••••• lEnER •······--·- . AfC--= .. TKLR •••• -·--·-···-······- --··--··············· FILE ···········-·· .. LETTE~.'~.~-·-· A/C .... TKLR •••• .......... _ ... ____ .. _.,. _______ _ -----........................... . FILE •••..•••..•.•••.•• .. -(" , l,ETTER ~.:.:Z·· A/C ___ TKlR •••• FILE .....•.....•••.••• LETTE!t •..•••• :.:.~:.' l. l't ( A/C •••• TKLR .••• FILE ...•....••.••••••• LETTER -··-·····- A/C .... TKLR ·- -·-········--· DISTRICT 3 ~ideration of motion to receive and file letter from ~ ~~~~ty of Los Angeles, Department of County Engineer, dated April 26, 1976, requesting consideration of possible sewage capacity in the District's system for the La Habra Heights area, and refer to staff for study and recommendation See page · "L" (i) Consideration of motion to receive and file Stop Notice submitted by Ray E. Molina, in the amount of $585.00, against A. G. Tutor Co., Inc. & N. M. Saliba Co., contractor for the Knott Interceptor, a Portion of Reach 7, Contract No. 3-20-2 DISTRICT 5 (j) Consideration of Resolution No. 76-85-5, approving new Standard Agreement for Collection of Sewer Connection Charges with the City of Newport Beach, canceling similar agreement dated September 15, 1972, and rescinding previous minute action re payment of fees for such services. See page "M" DISTRICT 7 (k) Consideration of Standard Resolution No. 76-86-7, ordering annexation of approximately 23.481 acres to the District in the vicinity of Skyline Drive and Plantero Drive (Proposed Annexation No. 42 -Tract No. 8640 to County Sanitation District No. 7) (1) Consideration of Resolution No. 76-87-7, ordering annexation of approximately 62.64 acres to the District in the vicinity of the northeast corner of Orange Park Acres and Chapman Avenue (Proposed Annexation No. 46 -Tracts Nos. 8799 and 8827 to County Sanitation District No. 7). See page "N" (m) Consideration of Standard Resolution No. 76-88-7, authorizing initiation of proceedings to annex approximately 22 acres of territory to the District in the vicinity of Chapman Avenue and the proposed extension of Crawford Canyon Road (Proposed Annexation No. 54 -Tract No. 8745 to County Sanitation District No. 7) DISTRICT 11 (n) Consideration of motion approving Change Order No. 2 to the plans and specifications to Remodel Newland-Hamilton Pumping Station Facilities, Contract No. ll-4R, authorizing an adjustment of engineer's quantities and a total addition of $157.31 to to contract with Clifford L. Thompson Construction Company, for additional block wall, and granting a time extension of 66 calendar days due to difficulty in obtaining required materials.as specified. See page "0" (CONSENT CALENDAR continued on page 5) -4- (9) (CONSENT CALENDAR continued from page 4) FILE ~-········· LETTER~:..::'::: A/C .••. TKLR .•• ~S .. ~ DISTRICT 11 (Continued) (o) Consideration of Resolution No. 76-89-11, accepting Contract No. ll-4R, Remodel Newland-Hamilton Pumping Station Facilities , as complete, authorizing execution of a Notice of Completion; and approv1ng Final Closeout Agreement. See page "P" END OF CONSENT CALENDAR (10) ALL DISTRICTS Consideration of items d e leted from consent calendar, if any -5- ~ (11) ALL DISTRICTS M\? Report of Executive Committee and consideration of motion to receive and file the Committee's written report (12) ALL DISTRICTS Consideration of action on items recommended by the Executive Committee: FILE .•...•.•.......... LETIER --~~)~·~-~~ A/C .... TKlR •••• , 1,J ~ ... , I I ~ ..___-··-············· Consideration of actions relative to adoption of proposed Conflict of Interest Code: (1) M.\~ (2) Consideration of motion to receive and file letter from Districts' General Counsel, dated April 29, 1976, re adoption of Conflict of Interest Code. See page "Q" Roll Call Vote or Cast Unanimous Billot Consideration of Resolution No. 76-90, setting June 9, 1976, at 7:30 p.m. at the Districts' administrative office as the time and place of hearing on a proposed Conflict of Interest Code, and directing the Secretary to give notice thereof. rv\~ See page "R" (b) Consideration of actions relative to request of Garden Grove Sanitary District for waiver of connection fees on Ranchero Way and Ranchero Place: @~::~@Consideration of motion to receive and file General A/C .... TKLR ··-Counsel's opinion, dated May 5, 1976, relative to request ·······-··········-···-tt'l/&> of Garden Grove Sanitary District for waiver of connection --······-··········-fees. See page "S" (c) Fl'..E -~-"'.':'._:, __ , Consideration of motion to respectfully deny request of Garden Grove Sanitary District for waiver of connection fees to serve 21 homes constructed in Garden Grove on Ranchero Way and Ranchero Place based upon opinion and recommendation of the General Counsel Consideration of actions relative to amendment to agreement with J. B. Gilbert and Associates for preparation of Environmental Impact Statement: LETIER •...........•• (1) A/C •••. TKLR •••• ·--··-··············-f:I\ l ~ . Consideration of motion to receive and file Environmental Protection Agency memorandum, dated April 30, 1976, relative to preparation of Environmental Impact Statement. See page "T" (2) Consideration of motion to receive and file letter of J. B. Gilbert and Associates, dated April 15, 1976, relative f\.\}~ to cost of additional work for preparation of Environmental Impact Statement. See page "U" :: ··~:··ijt::·c~:_ ~Consideration of Resolution No. 76-92, approving amendment ER··· 1-~---Ron Call~~ to agr~ement with J. B. Gilbert and Associates for prepa:a~i~n A/C .... TKLR ···• unanimous Ballot of Environmental Impact Statement re Treatment Plant Fac1l1 ties ' . .::.:JA ... :~ .. ::·.:i1 · Plan, providing for an increase for said services on a per diem .......................... fee basis from $60, 000 to $150, 000 plus printing costs not to exceed $35,000, in form approved by the General Counsel, as ?rci~~e Environmental Protection Agency. See page ~-"_V_"~ (12) Continued on page 7 -6- (12) (d) Consideration of Resolution No. 76-91, authorizing General Manager and Joint Chairman to designate Directors to represent l'flE '"··"~"-:-tfon Call Vote or Cast ·eR ············-llnanimous Ballot the Districts on District business, and providing for compensation and reimbursement of expenses incurred relating thereto. See C .••. TKL R -·· l'/\. ~ page 11 W" --~-·-- (13) ALL DISTRICTS Staff progress report on J~~-ACTS Pilot Plant facility FI LE •••••••••..••••••• (14) ALL DISTRICTS LEITER .•..•.....•••• Other business and communications or supplemental agenda items, if any A/c .... TKLR •••• (14)~Consideration of motion authorizing General Manager to designate one ···-····················· staff member to travel to Liberal, Kansas, to inspect and supervise -·-······-rre);(n>N loading of two used, dual fuel, gas engines purchased pursuant to SUPPLEMENTAL AGENDA Board authority on April 14, 1976; and authorizing reimbursement for ff\\;;; travel, meals, lodging and incidental expenses incurred @ -IJ,) '""- (16) DISTRICT 1 Consideration of motion to adjourn t'f·. ~ 7 (17) DISTRICT 2 (18) FI LE ··-···-Q.~:.. .. -(19) A/C ••.• TKLR •••• (19) ITEMS ON -..S"'"O-PP""'trnmrAL AGEN DA IV\\ 5 (20) (21) (22) (23) (24) Other business and communications or supplemental ag e nda items, if any ~ DISTRICT 2 Consideration of motion to adjourn '"till DI STR ICT 3 Other business and communications or supplemental agenda items, if any Consideration of motion to receive, file and deny claim of Carol Ann Mestas,· dated April 19, 1976, in the amotint of $810 .39, in connection with construction of the Knott Interceptor, a Portion of Reach 7, Contract No. 3-20-2, and refer to the contractor and District's liability insurance carrier for appropriate action DISTRICT 3 of motion to adjourn <;:JI Consideration agenda items , if any DISTRICT 5 Consideration of motion to adj ourn 91519 pplemental agenda ite ms, if any DISTRICT 6 of motion to a djourn 9::J'/ Consideration -7- II BOARDS OF DIRECTORS County Senitation Districts Post Office Box 8127 of Orange County, California 10844 Ell is Avenue Fountain Valley, Calif., 92708 Telephones: JOINT BOARDS Area Code 714 540-2910 962-2411 AGENDA MEETING DATE MAY 12J 1976 -7:30 P.M. ·THE JOINT CHAIRMAN HAS REQUESTED THAT ANY DIRECTOR WITH A QUESTION ON CONSENT CALENDAR ITEMS OR ANY OTHER AGENDA ITEM PLEASE CONTACT THE MANAGER OR APPROPRIATE DEPARTMENT HEAD FOR FURTHER INFORMATION PRIOR TO THE MEETING. (1) Pledge of Allegiance and Invocation (2) Roll Call (3) Consideration of motion to receive and file minute excerpts re seating of new Directors. See supplemental agenda (4) EACH DISTRICT (5) (6) Consideration of motions approving minutes of the following meetings, as mailed: District 1 -April 14, 1976 regular, and April 21, 1976 adjourned District 2 -April 14, 1976, regular District 3 -April 14, 1976, regular District 5 -April 14, 1976, regular District 6 -April 14, 1976, regular District 7 -April 14, 1976, regular District 11 -April 14, 1976, regular EACH DISTRICT Annual election of Chairmen and Chairmen pro tern of the Boards (a) District 1 (b) District 2 (c) District 3 (d) District 5 (e) District 6 (f) District 7 (g) District 11 Appointment of Chairmen pro tern, if necessary (7) (8) (9) J\LL DISTRICTS Reports of: (a) Joint Chairman (b) General Manager (c) General Counsel ALL DISTRICTS Consideration of roll call vote motion ratifying payment of claims of the joint and individual Districts as follows (Each Director shall be called only once and that vote will be regarded as the same for each District represented, unless a Director expresses a desire to vote differently for any District): JOINT OPERATING FUND See page(s) "A" and "D" CAPITAL OUTLAY REVOLVING FUND See page(s) "A" and "D" DISTRICT NO. 1 NONE DISTRICT NO. 2 See page(s) "B" and "E" DISTRICT NO. 3 See page(s) "B" and "E" DISTRICT NO. 5 See page(s) "E" DISTRICT NO. 6 NONE DISTRICT NO. 7 See page(s) nc11 and "F" DISTRICT NO. 11 Sec page(s) "C" ALL DISTRICTS CONSENT CALENDAR ITEMS NOS, 9 (A) THROUGH 9 ( 0 ) All matters placed upon the consent calendar are considered as not requiring discussion or further explanation and unless any particular item is requested to be removed from the consent calendar by a Director, staff member, or member of the public in attendance, there will be no separate discussion of these items. All items on the consent calendar will be enacted by one action approving all motions, and casting a unanimous ballot for resolutions included on the consent calendar. All items removed from the consent calendar shall be considered in the regular order of business. Members of the public who wish to remove an item from the consent calendar shall, upon recognition by the chair, state their name, address and designate by letter the item to be removed from the consent calendar. * * * * * * * * * * * * * * * * * * Chairman will determine if any items are to be deleted from the consent calendar. Consideration of action to approve all agenda items appearing on the consent calendar not specifically removed from same. -2- (9) (CONSENT CALENDAR continued from page 2) ALL DISTRICTS (a) Consideration of motion approving Change Order No. 1 to the plans and specifications for New Water Well No. 1 at Plant No. 1, Job No. PW-049, granting a time extension of 45 calendar days to the contract with McCalla Bros. in order to allow McCalla Bros. to complete an emergency commitment to the Southern California Water Company. See page "G" (b) Consideration of motion approving Addendum No. 1 to the plans and specifications for Rehabilitation of Rothrock Outfall Pumping Station, Plant No. 2, Huntington Beach, California, Specification No. E-079 (c) Consideration of Resolution No. 76-83, to receive and file bid tabulation and recommendation, and ·awarding purchase contract for one new, dual fuel, gas engine for Rehabilitation of Rothrock Outfall Pumping Station, Plant No. 2, Huntington Beach California, Specification No. E-079, to Waukesha Engine Servicenter, Inc., in the amount 9f $76,318.00 including tax and freight. See pages "H" and "I" (d) Consideration of motion ratifying attendance of Joint Chairman Don Winn at a meeting with members of the State Water Resources Control Board in connection with the proposed Committee of Locally Elected Officials in Sacramento on February 18, 1976; and ratifying attendance of Director Frances Wood at the National Association of Regional Councils Water Quality Workshop relative to 208 Planning, in Burlingame, California, on May 5, 6 and 7, 1976, and authorizing compensation and reimbursement of expenses in accordance with existing policies (e)° Consideration of Public Employees Retirement System standard Resolution No. 76-84, approving amendment to Retirement System contract to depool from the State funding pool, and providing one-year final compensation basis for retirement benefits (Finalizes the Boards' declaration of intent on April 14, 1976, Resolution No. 76-62.) DISTRICTS 1 & 7 (f) Consideration of motion to receive, file and accept proposal of Boyle Engineering Corporation, dated May 5, 1976, for preparation of plans and specifications for Raitt Street Trunk Sewer, for a lump sum fee of $ 65, 900. 00. See page "J" DISTRICT 2 (g) Consideration of motion to receive and file request from G. L. Lewis Company for annexation of approximately 26.382 acres of territory to the District in the vicinity easterly of Mesa Drive and Loma Street, and refer to staff for study and recommendation (Proposed Annexation No. 15 -Tract No. 8885 to County Sanitation District No. 2). See page "K" (CONSENT CALENDAR continued on page 4) -3- (9) (CONSENT CALENDAR continued from page 3) DISTRICT 3 (h) Consideration of motion to receive and file letter from County of Los Angeles, Department of County Engineer, dated April 26, 1976, requesting consideration of possible sewage capacity in the District's system for the La Habra Heights area, and refer to staff for study and recommendation See page "L" (i) Consideration of motion to receive and file Stop Notice submitted by Ray E. Molina, in the amount of $585.00, against A. G. Tutor Co., Inc. & N. M. Saliba Co., contractor for the Knott Interceptor, a Portion of Reach 7, Contract No. 3-20-2 DISTRICT 5 (j) Consideration of Resolution No. 76-85-5, approving new Standard Agreement for Collection of Sewer Connection Charges with the City of Newport Beach, canceling similar agreement dated September 15, 1972, and rescinding previous minute action re payment of fees for such services. See page "M" DISTRICT 7 (k) Consideration of Standard Resolution No. 76-86-7, ordering annexation of approximately 23.481 acres to the District in the vicinity of Skyline Drive and Plantero Drive (Proposed Annexation No. 42 -Tract No. 8640 to County Sanitation District No. 7) (1) Consideration of Resolution No. 76-87-7, ordering annexation · of approximately 62.64 acres to the District in tte vicinity of the northeast corner of Orange Park Acres and Chapman Avenue (Proposed Annexation No. 46 -Tracts Nos. 8799 and 8827 to County Sanitation District No. 7). See page "N" (m) Consideration of Standard Resolution No. 76-88-7, authorizing initiation of proceedings to annex approximately 22 acres of territory to the District in the vicinity of Chapman Avenue and the proposed extension of Crawford Canyon Road (Proposed Annexation No. 54 -Tract No. 8745 to County Sanitation District No. 7) DISTRICT 11 (n) Consideration of motion approving Change Order No. 2 to the plans and specifications to Remodel Newland-Hamilton Pumping Station Facilities, Contract No. ll-4R, authorizing an adjustment of engineer's quantities and a total addition of $157.31 to to contract with Clifford L. Thompson Construction Company, for additional block wall, and granting a time extension of 66 calendar days due to difficulty in obtaining required materials as specified. See page "0" (CONSENT CALENDAR continued on page 5) -4- (9) (CONSENT CALENDAR continued from page 4) DISTRICT 11 (Continued) (o) Consideration of Resolution No. 76-89-11, accepting Contract No. ll-4R, Remodel Newland-Hamilton Pumping Station Facilities, as complete, authorizing execution of a Notice of Completion; and approving Final Closeout Agreement. See page "P" END OF CONSENT CALENDAR (10) ALL DISTRICTS Consideration of items deleted from consent calendar, if any -5- (11) ALL DISTRICTS Report of Executive Committee and consideration of motion to receive and file the Committee's written report (12) ALL DISTRICTS Consideration of action on items recommended by the Executive Committee: (a) Consideration of actions relative to adoption of proposed Conflict of Interest Code: (1) Consideration of motion to receive and file letter from Districts' General Counsel, dated April 29, 1976, re adoption of Conflict of Interest Code. See page "Q" (2) Consideration of Resolution No. 76-90, setting June 9, 1976, at 7:30 p.m. at the Districts' administrative office as the time and place of hearing on a proposed Conflict of Interest Code, and directing the Secretary to give notice thereof. See page "R" (b) Consideration of actions relative to request of Garden Grove Sanitary District for waiver of connection fees on Ranchero Way and Ranchero Place: (1) Consideration of motion to receive and file General Counsel's opinion, dated May 5, 1976, relative to request of Garden Grove Sanitary District for waiver of connection fees. See page "S" (2) Consideration of motion to respectfully deny request of Garden Grove Sanitary District for waiver of connection fees to serve 21 homes constructed in Garden Grove on Ranchero Way and Ranchero Place based upon opinion and recommendation of the General Counsel (c) Consideration of actions relative to amendment to agreement with J. B. Gilbert and Associates for preparation of Environmental Impact Statement: (1) Consideration of motion to receive and file Environmental Protection Agency memorandum, dated April 30, 1976, relative to preparation of Environmental Impact Statement. See page "T" (2) Consideration of motion to receive nn<l file letter of J. B. Gilbert and Associates, dated April 15, 1976, relative to cost of additional work for preparation of Environmental Impact Statement. See page "U" (3) Consideration of Resolution No. 76-92, approving amendment to agreement with J. B. Gilbert and Associates for preparation of Environmental Impact Statement re Treatment Plant Facilities Plan, providing for an increase for said services on a per diem fee basis from $60,000 to $150,000 plus printing costs not to ~ exceed $35,000, in form approved by the General Counsel, as requested by the Environmental Protection Agency. See page "V" (12) Continued on page 7 -6- {12) {d) Consideration of Resolution No. 76-91, authorizing General Manager and Joint Chairman to designate Directors to represent the Districts on District business, and providing for compensation and reimbursement of expenses incurred relating thereto. See page "W" (13) ALL DISTRICTS Staff progress report on JPL-ACTS Pilot Plant facility (14) ALL DISTRICTS Other business and communications or supplemental agenda items, if any (15) . DISTRICT 1 Other business and communications or supplemental agenda items, if any (16) DISTRICT 1 Consideration of motion to adjourn {17) DISTRICT 2 Other business and communications or supplemental agenda items, if any {18) DISTRICT 2 Consideration of motion to adjourn (19) DISTRICT 3 Other business and communications or supplemental agenda items, if any (20) DISTRICT 3 Consideration of motion to adjourn (21) DISTRICT 5 Other business and communication·s or supplemental agenda i terns, if any (22) DISTRICT 5 Consideration of motion to adjourn {23) DISTRICT 6 Other business and communications or supplemental agenda items, if any (24) DISTRICT 6 Consideration of motion to adjourn (25) DISTRICT 7 Other business and communications or supplemental agenda items, if any (26) DISTRICT 7 Consideration of motion to adjourn (27) DISTRICT 11 Other business and communications or supplemental agenda items, if any (28) DISTRICT 11 Consideration of motion to adjourn to 7:00 p.m., May 24, 1976, at City of Huntington Beach Council Chambers -7- II BOARDS OF DIRECTORS County Sanitation Districts of Orange County, California DISTRICTS 2, 3, 5 ,.6 & -; JOINT BOARDS SUPPLH~ENTAL AGENDA ITEMS MAY 12J 1976 -7:30 P.M. Post Office Box 8127· 10844 Ellis Avenue Fountain Volley, Calif., 92708 Telephones: Area Code 714 540-2910 962-2411 AGENDA (3) Cc~sid~ra~i~r. of notion to receive and file minute excerpts from the fo2:o~in~ ~ities regar~ing elections of mayors and appointment of al~er::aLes, and seating new members of the Boards: (*Mayor) District(s) A.-.. a.h e i::. 2 & 3 Cypre~s 3 Se·111-port Beach 5 5 6 7 Placentia 2 Stanton 3 Villa Park 2 ALL DISTRICTS Active Miriam Kaywood Alice J. MacLain* Howard Rogers* Donald Mclnnis Paul Rycof f Pete Barrett Donald A. Holts, Jr. Martha V. Weishaupt* Donald Winn Alternate W. J. Thom* Otto Lacayo Ray Williams Howard Rogers* Howard Rogers* George F. DeJesus* Harry L. Miller Harry F. Tipton* (14) Consideration of motion authorizing General Manager to designate one staff member to travel to Liberal, Kansas, to inspect and supervise loading of two used, dual fuel, gas engines purchased pursuant to Board authority on April 14, 1976; and authorizing reimbursement for travel, meals, lodging and incidental expenses incurred DISTRICT 3 (19) Consideration of motion to receive, file and deny claim of Carol Ann Mestas, dated April 19, 1976, in the amount of $810.39, in connection with construction of the Knott Interceptor, a Portion of Reach 7, Contract No. 3-20-2, a.nd refer to the contractor and District's liability insurance carrier for appropriate action RESOLUTIONS AND SUPPORTING DOCUMENTS MAY 12J 1976·-7:30 P~M. WARRANT NO. 29338 ·~9339 29340 29341 29342 29343 29344 29345 29346 29347 29348 29349 29350 29351 29352 29353 29354 29355 29356 29357 29358 29359 29360 29361 29362 29363 293.64 29365 29366 29367 29368 29369 29370 29371 29455 29374 29375 29376 29377 29378 29379 29380 29381 29382 29383 29384 29385 29386 29387 29388 29389 ~ 29390 29391 29392 29393 29394 "A-1 11 JOINT DISTRICTS CLAIMS PAID J\PRIL 15, 1976 ~JOINT OPERJ\TING FUND WARRANTS IN FAVOR OF Air California, Air Fare, Various Meetings All Bearing Service, Inc., Bearings, Hose & V-Belts American Compressor Company, Gaskets & Compressor Parts American Lock & Supply, Inc., Hardware City of Anaheim, Power Bank of America, Bond & Coupon Collection Barnes & Delancy, Couplings Brown-West Corporation, Janitorial Supplies Cal's Cameras, Photo Processing & Supplies Certified Laboratories, First Aid Supplies Clark Dye Hardware, Tools Coast Nut & Bolt Company, Hardware Consolidated Electrical Distbrs., Electric Supplies Continental Chemical Company, Chlorine Control Parts Distributors, Inc., Electric Supplies Leelon Cory, Employee Mileage Costa Mesa Auto Parts, Inc., Truck Parts County Wholesale Electric, Electric Supplies Crane Veyor Corporation, Cable Clarence S. Cummings, Employee Mileage Daniels Tire Service, Tire Repair Deckert Surgical Company, First -Aid Supplies Diamond-Newport Ice Company, Sampling Supplies Dominguez Marine & Industrial, Pipe Supplies Edmond Scientific Company, Tools Enchanter, Inc., Ocean Monitoring Envirotech-Sparling, Clarifier Parts Filter Supply Co., Filters Fisher Controls Company, Regulator Parts Fox Electric Motors, Motor Repair Compressor Products Division, Compressor Repair Edward R. Francis, J-6-1 & Pl-16 Inspection Travel Expense Fredson, Equipment Parts City of Fullerton, Water General Electric Supply, Electric Supplies General Telephone Company Cindy Geter, Employee Mileage Goldenwest Fertilizer Company, Grit Removal Graybar Electric Company, Electric Supplies Harrington Industrial Plastics, Pipe Supplies Haul-Away Containers, Trash Disposal L. Heitman Equipment Co., Inc., Equipment Rental Hertz Car Leasing Division, Vehicle Lease Hilti Fastening Systems, Hardware Hollywood Tire of Orange, Truck Tires Howard Supply Company, Hose & Pipe Supplies City of Huntington Beach, Water Huntington Auto Service, Truck Towing Huntington Beach Equipment Rental, Equipment Rental Inland Nut & Bolt Company, Hardware Johnson Control Valve Company, Valve Parts Keenan Pipe & Supply Company, Pipe Supplies Kelco Sales & Engineering Co., Comprssor Parts King Bearing, Inc., Bearings, Seals & Couplings Kirst Pump & Machine Works, Pump Parts Knox Industrial Supp lies, Hardware AGENDA ITEM #8 -ALL DISTRICTS AMOUNT $ 53.90 360.01 3,788.36 325.21 130.60 83.05 85.82 281. 23 163.63 57.71 12.19 48.01 222.24 3,097.10 817.68 6.00 286.39 794.97 123.29 10.05 63.63 6.89 15.90 24.03 54.90 3,000.00 109.43 23.20 304.40 83.94 83.12 647 .11 20.31 6.26 192.16 1,314.14 84.06 1,350.00 661. 76 10.66 140.00 420.00 743.51 80.00 43 .17 1,067.95 19.55 23.50 252.85 172. 28 307.63 171. 33 486.93 222.68 303.18 9.78 "A-1" WARRANT NO. JOINT DIS1RICTS CLAIMS PAlD APRIL 15, 1976 IN FAVOR OF 29395 29396 29397 29398 29399 29400 29401 29402 29403 29404 29405 29406 29407 29408 29410 29411 29412 29413 29414 29415 29416 29417 29418 29419 29420 29421 29422 29423 29424 29425 29426 29427 29428 29429 29430 29431 29432 29433 29434 29435 29436 29437 29438 29439 29440 29441 29456 29457 29444 29445 29446 29447 29448 29449 29450 29451 29452 29453 "A--2" L ft N Uniforms Supply Company, Uni form Service C. R. Laurence Company, Inc., Building Materials Judy Lee, Employee Mileage McCoy Ford Tractor, Equipment Parts McFarland Partitions, Relocate Temporary Partitions Marko Foam Products, Insulation Master Blueprint & Supply, Printing Metals and Plastics Publications, Technical Manuals Metropolitan Supply Co., Filters Mitchell Manuals, Inc., Technical Manuals Moore Systems, Inc., Circuit Board E. B. Moritz Foundry, Manhole Rings & Covers Motorola, Inc., Maintenance Agreement Orange County Stamp Company, Rubber Stamps Orange Valve & Fitting Company, Pipe Supplies Oxygen Service, Lab Supplies Pacific Telephone Company M. C. Patten Corporation, Gauges Postmaster, Postage Pyramid Fence Company, Fencing Qua.Ii ty Building Supply, Building Materials Rainbow Disposal Company, Trash Disposal The Republic Supply Company, Pipe Supplies Robbins & Myers, Freight Santa Ana Electric Motors, Repair & Rewind Motor Sargent Welch Scientific Co., Lab Supplies Scientific Products, Lab Supplies City of Seal Beach, Water Sears, Roebuck and Company, Touls Sherwin Williams Company, Paint Supplies John Sigler, Employee Mileage Southeast Janitorial Service, Janitorial Service Southern California Edison Company South Orange Supply, Pipe Supplies Southern California Gas Company Speed E Auto Parts, Truck Parts Standard Oil Company of California, Gasoline & Diesel Fuel State Compensation Insurance Fund, 3rd Quarter Premium Bruce Taylor, Employee Mileage Taylor-Dunn, Equipment Parts 39 Stake & Building Supplies, Survey Supplies Truck Auto Supply, Inc., Truck Parts & Tools United Parcel Service, Freight-Out United Reprographics, Inc., Printing United States Elevator Corp., Maintenance Agreement University of Calif., Irvine Regents, JPL Computer Model Van Waters & Rogers, Chemicals VWR Scientific, Lab Supplies Varec, Inc., Valves & Manhole Covers Paul Vukich, Employee Mileage Kevin Walsh, Employee Mileage Arluss Walters, Employee Mileage John R. Waples, R. S., Odor Consultant Waukesha Engine Servicenter, Engine Parts Western Electronic Supply Corporation, Electric Supplies Donald J. Wright, Employee Mileage Xerox Computer Services, Data Processing Xerox Corporation, Reproduction Services AGENDA ITEM #8 -ALL DISTRICTS AMOUNT 926.13 11. 93 21.00 133.81 '-"' 749.00 44.74 73.03 57.50 193.10 14. 72 1S9.74 149.14 3,167.91 74.48 13.84 248.16 443.50 239.72 500.00 392.00 834.39 64.00 142.36 50.78 314 .10 61.94 4.87 81. SS 20.83 599.00 48.66 39S.OO 43,984.45 211. 73 1,508.83 198.37 1,046.69 12,025.00 40.14 140.77 344.65 216.48 81.84 33.S2 33.00 242.00 2,142.49 45.20 1,303.80 13.SS 62.82 34.50 220.40 25.65 ~ 179.67 15.75 3,688.15 63.60 $101,401.66 "A-2" WARRANT NO. 29324 ~9325 ~9326 29327 29328 29329 29330 29331 29332 29333 29334 29335 29336 29337 "A-3" JOINT DISTRICTS CLAIMS PAID APRIL 15, 1976 CAPITAL OUTLAY REVOLVING FUND WARRANTS IN FAVOR OF Belmont Engineering, JPL Equipment John Carollo Engineers, Engr. Services, JPL ACTS & Fae. Plan Donovan Construction Company, Contractor Pl-16 E & G Contractors, Contractor PW-046 Eastman, Inc., File Cabinets J. Putnam Henck, Contractor, JPL-ACTS Neptune Microfloc, Inc., JPL Equipment Tom Ponton Industries, Inc., Tools C. E. Raymond-Bartlett-Snow, Freight for JPL Equipment The Register, Bid Notice, P2-8-8 Taylor-Dunn, Electric Carts Taylor Instruments, JPL Equipment Travel Buffs, JPL Inspection Travel Expense Twining Laboratories, Pipe Testing Pl-16 TOTAL CORF TOTAL JOINT OPERATING AND CORF AGENDA ITEM #8 -ALL DISTRICTS AMOUNT 44,219.04 15,753.65 766,400.89 11, 560. so 254.40 274,512.89 23,722.40 1,131.38 1,250.20 103.68 9,378.88 6,641.10 312.00 70.00 $1,155,311.01 $1,256,712.67 "A-3" INDIVIDUAL DISTRICTS CLAIMS PAID APRIL IS, 1976 DISTRICT NO. 2 ACCUMULATED CAPITAL OUTLAY FUND WARRANTS WARRANT NO. IN FAVOR OF 29310 John A. Artukovich Sons, Inc., Contractor 2-14-3 29311 Vido Artukovich, Contractor 2-16-2 29312 J. Putnam Henck, A Corporation, Contractor 2-15 29313 Kasler Corp., & L.H. Woods, JV.~ Contractor 2-14-4 29314 Long Beach Iron Works, Inc., Contractor 2-14-3, 2-14-4 29315 S. S. Zarubica, Contractor 2-14-5 DISTRICT NO. 3 ACCUMULATED CAPITAL OUTLAY FUND WARRANTS IN FAVOR OF 29316 Boyle Engineering Corporation, Engineering Services 3-20-1, 3-20-2 3-21-1 29317 Orange County Flood Control District, Anaheim Barber Channel Sewer Relocation 29318 The Register, Bid Notice 3-21-2 29319 A.G. Tutor Co., Inc & N.M. Saliba Co., Contractor 3-20-3 & 3-21-1 nB" AGENDA ITEM #8 -ALL DISTRICTS AMOUNT $ 220,034.70 226,875.82 53,474.90 788,942.25 6,000.66 238,913.28 $ 1,534,241.61 $ 8,371.30 5,000.00 103.05 317,850.81 $ 331,325.16 "B" INDIVIDUAL DISTRICTS CLAiMS PAID APRIL 15, 1976 DISTRICT NO. 7 FACILITIES REVOLVING FUND WARRANTS WARRANT NO. IN FAVOR OF 29320 Boyle Engineering Corporation, Engineering Services 7-6-8 29321 Steve Bubalo Construction Company, Contractor 7-6-8 29322 Southen1 Pacific Transporation Company, Eastements 7-6-7 DISTRICT NO. 11 ACCUMULATED CAPITAL OUTLAY FUND WARRANTS IN FAVOR OF 29323 Clifford L. Thompson Construction Company, Contractor 11-4R II C" AGENDA ITEM #8 -ALL DISTRICTS AMOUNT $ 1,810.00 123,156.00 43,086.25 $ 168,052.25 $ 3,670.54 II C" ·wARRANT NO. 29479 29480 29481 29482 29483 29484 29485 29486 29487 29488 29489 29490 29491 29492 29493 29494 29495 29496 29497 -29493 29499 29500 29501 29502 29503 29504 29505 29506 29507 29508 29509 29510 29511 29512 29513 29514 29515 29516 29517 29518 29519 29520 29521 29522 29523 29524 29525 29526 29527 29528 29529 29530 29531 29532 "D-1" JOINT DISTRICTS CLAIMS PAID APRIL 27, 1976 JOINT OPERATING FUND WARRANTS IN FAVOR OF A & W Electric Motors, Motor Parts Advance Electric, Electric Motor Air California, Air Fare, Various Meetings Allied Pipe & Supply, Inc., Pipe Supplies Aljac Supply Company, Tools American Cyanamid Company, Chemicals The Anchor Packing Co. , Pwnp Packing Applied Science Labs., Inc., Lab Supplies Banning Battery Company, Batteries Barksdale Controls Division, Switches John G. Bell Co., Valves Bell Pipe & Supply Company, Controls Bomar Magneto Service, Inc., Magneto Repair & Parts Burke Engineering Company, Controls Cal's Cameras, Photo Processing & Supplies Leonard Carney, OVPCA Conference Expenses Case Power & Equipment, Equipment Parts William N. Clarke, CWPCA Conference Expenses College Lumber Co., Inc., Building Materials Consolidated Electrical Distbrs., Electric Supplies Continental Chemical Co., Chlorine Mr. Crane, Crane Rental Culligan Deionized Water Service, Lab Supplies C. R. Davis Supply Co., Pipe Supplies John M. Deck, Equipment Parts Derby's Topsoil, Paving Materials Nick Di Benedetto, CWPCA Conference Expenses Dominguez Marine & Industrial, Hardware The Drawing Board, Inc., Office Supplies Eastman, Inc., Office Supplies Essick Machinery Co., Compressor Fisher Controls Company, Compressor Parts Clifford A. Forkert, Right-of-Way Services . Compressor Products Division, Compressor Repair & Parts Fullerton Tire Company, Truck Tires General Telephone Company Hewlett Packard, Lab Supplies Honeywell, Inc., Metering Supplies Howard Supply Company, Valves & Pipe Supplies Inland Nut & Bolt Company, Hardware International Business Machines, Office-Supplies . Irvine Ranch Wat'dr District, Water Johnson Control Valve Co., Valves Keenan Pipe & Supply Company, Pipe Supplies King Bearing, Inc., Chain, Seals & V-Belts Kleen-Line Corporation, Janitorial Supplies LBWS, Inc., Welding Supplies, Tools & Hardware L & N Uniforms Supply Co., Uniform Service Lawless Detroit Diesel, Engine Parts Master Blueprint & Supply, Drafting Supplies Metal Finishing, Technical Journals Metropolitan Supply Co., Gauges Morgan Equipment Company, Equipn1ent Parts Motorola, Inc., Maintenance Agreement AGENDA ITEM #8 -ALL DISTRICTS AMOUNT $ 24.02 110 323~ 605.00 43.52 5,039.84 249.33 129.20 171. 23 469.80 1,453.26 154.78 424.47 52.80 299.88 97.51 211. 42 128.80 167.31 1,291.89 . 4 ,645. 65 426.00 40.00 487.60 25.46 318.00 83.62 23.98 38.01 46.03 593.39 42.10 2,571.30 487.42 238. 71 1,951.40 47.70 127.51 689.74 126.26 132.42 1. 75 72.06 105.10 25.14 493.68 401.11 1,313.95 77. 93 81.78 lo.on 53.~~ 310.91 266.36 "D-1" WARRANT NO. JOINT DISTRICTS CLAIMS PAID APRIL 27, 1976 IN FAVOR OF 29533 29534 29535 29536 29537 29538 29539 29540 29541 29542 29543 29544 29545 29546 29547 29548 29549 29550 29551 29552 29553 29554 29555 29556 29557 29558 29559 29560 29561 29562 29563 29564 29565 29566 29567 29568 29569 29570 29571 29572 29573 29574 29575 29576 29577 29578 29579 29580 "D-2" National Chemsearch Co., Cleaner National Lumber Supply, Building Materials, Tools & Hardware Newark Electronics, Electric Supplies Delbert Newby, Cesspool Pumping Reimbursement Occidental College, Ecology Trawl Orange County Chemical Co., Chemicals Oxygen Service, Lab Supplies &.Equipment Rental Pennwalt Corporation, Cleaner Perkin-Elmer, Lab Supplies Radio Products Sales, Inc., Metering Supplies The Register, Employment Ad & Bid Notice 3-8R-l The Republic Supply Co., Pipe Supplies · Ryan Herco, Pipe Supplies Santa Ana Blue Print Co., JPL Printing Sargent-Welch Scientific Co., Lab Supplies Sears, Roebuck and Co., Tools See Optics, Safety Glasses Sims Industrial Supply, Hardware Society of Engineers, Pollution Conference Southern California Edison Company So. Cal Sign Company, Signs South Orange Supply, Pipe Supplies Southern California Gas Company Southern California Water Company Sparkletts Drinking Water Corporation, Bottled Water Speed-E-Auto Parts, Truck Parts Standard Concrete Material, Concrete SLandard Oil Company of Calif., Oil, Diesel Fuel & Gasoline The Suppliers, Chain & Tools TI1ermo-Pak Boilers, Inc., Boiler Parts John D. Thomas, CWPCA Conference Expenses C. O. Thompson Petroleum Co., Kerosene Titan Plastic Supply, Pipe Supplies Travel Buffs, Air Fare, Various Meetings & JPL Insp. Travel Exp •. Truck & Auto Supply, Inc., Truck Parts Union Oil Company of Calif., Gasoline United Parcel Service, Freight-Out Al Ursic, Employee Mileage Utilities Supply Company, Hardware VWR Scientific, Lab Supplies Varec, Inc., Freight Victor Comptometer Corporation·; Employee Training Warren and Bailey Co., Inc., Valves Waukesha Engine Servicenter, Engine Parts Bruce E. Witcher, CWPCA Conference Expenses John M. Wright, Employee Mileage Xerox Corporation, Reproduction Services Donald Winn, CWPCA Conference Expenses TOTAL JOINT OPERATING AGENDA ITEM f8 -ALL DISTRICTS $ AMOUNT 373.12 183.78 120.78 45.00 400.00 87.45 601. 74 168.31 165.24 38.82 143.90 351.79 78.70 6.36 404.41 815.36 15.80 85.22 45.00 4,163.58 117 .40 861. 64 1,288.78 3.00 201. 71 111. 62 331.73 1,069.25 528 .11 212.34 146.66 76.72 579.61 545.00 526.92 60. 33 . 34.40 3.75 24.65 1,064.01 17.93 53.00 337.50 171. 07 156.60 22.50 1,779.73 157.35 $ 46,581.40 "D-2" JOINT DISTRICTS CLAIMS PAID APRIL 27, 1976 WARRANT NO~ CAPITAL OUTLAY REVOLVING FUND WARRANTS IN FAVOR OF 29472 29473 29474 29475 29476 29477 29478 "D-3" Baum lt Associates, Prelirn. Design, Admin. Building Eastman, Inc., File Cabinet Garrett Industrial Supply Co., Cabinet J. B. Gilbert & Associates, Fae. Plan & P2-23 EIR Pepsi Co Bldg. Systems, Inc., JPL Office Rent Rockwell International, Calculator The Suppliers, Tools TOTAL CORF TOTAL JOINT OPERATING AND CORF AGENDA ITEM #8 -ALL DISTRICTS AMOUNT $ 198. 109.~ 196.91 5, 671. 64 191. 86 216.24 2-01.40 $ .6,785.36 $ 53,366.76 "D-3" \RRANT NO. 29466 29467 29468 29469 II E" ·, JOINT DISTRICTS CLAIMS PAIP APRIL 27, 1976 DISTRICT NO. 2 ACCUMULATED CAPITAL OUTLAY FUND WARRANTS IN FAVOR OF County of Orange, Compaction Testing 2-14-4 Smith Emery Company, Pipe Testing 2-14-4 DISTRICT NO. 3 ACCUMULATED CAPITAL OUTLAY FUND WARRANTS IN FAVOR OF Smith Emery Company, Pipe Testing 3-20-2 DISTRICT NO. 5 OPERATING FUND WARRANTS IN FAVOR OF City of Newport Beach, Connection Administration AGENDA ITEM #8 -ALL DISTRICTS AMOUNT $ 402.34 6,500.00 $ 6,902.34 $ 26.00 $ 1,449.50 "E II WARRANT NO. 29470 29471 II F II JOINT DISTRICTS CLAIMS PAID APRIL 27, 1976 DISTRICT NO. 7 OPERATING FUND WARRANTS IN FAVOR OF State of California, Annexation #42 Processing Fee FACILITIES REVOLVING FUND WARRANTS IN FAVOR OF Smith Emery Company, Pipe Testing, 7-6-8 AGENDA ITEM f8 -ALL DISTRICTS $ AMOUN.r '-" $ 180.00 208.00 $ 388.00 II F" COUNTY SANITATION DISTRICTS OF ORANGE COUNTY P.· O. BOX 8127 -10844 ELLIS AVENUE FOUNTAIN VALLEY, CALIFORNIA 92708 CHANGE ORDER COlfTRAC TOR: McCall a Bros. DATE May 12, 1976 ------------------~~~------- JOB: New Water Well at Plant No. 1 -Job No. PW-049 --~--~--~~~~~~~~~--~-------~~~~----~--~~~------~~------~~--~---- Amount of this Change Order (ADD) (DEDUCT) $ 0. 00 In accordance with contract provision~, the following changes in the contract and/or contract work are hereby authorized and as compensation therefor, the following additions to or deductions from the contract price are hereby appr~ved. Reference: Contractor's letter dated April 12, 1976 Extension of time of 45 calendar days because of an emergency commitment requested by the president of Southern California Water Company as ·a result of the Water Company's recent acquisition for water works facilities previously owned by California Ci ties Water Company in the San Bernardino area. Contractor could·not commit to both the Districts' work and to this emergency situation concurrently. Delay in conunencing Districts' work will not· result in any hardship for Districts. Contractor is hereby granted an extension of contract time 45 calendar days Summary of Contract Time Original Contract Date Original Contract Time Original Completion Date March 25, 1976 120 calendar days July 23, 1976 Time Extension this Change Order Total Time Extension 45 calendar days 45 calendar days 165 calendar days September 6, 1976 Revised Contract Time Revised Completion Date Original Contract Price Prev. Auth. Changes This Change (ADD) (DEDUCT) Amended Contract Price Board authorization date: May 12, 1976 Approved: COUNTY SANITATION $ 42,046.00 $ 0.00 $ 0.00 $ 42,046.00 DISTRICTS OF Orunge County, California s,....... --------------~--~-~~-----~~~--Associate Engirieer 3y --~---~~--~~-------------~~~--- By ------~----------~--~~~~~~ Chief Engineer Contructor II G II AGENDA ITEM #9CA) -ALL DISTRICTS "G II ·, RESOLUTION NO. 76-83 AWARDING PURCHASE CONTRACT FOR ONE GAS ENGINE FOR REJIABILlTATION OF ROTHROCK OUTFALL PUMPING STATION, SPECIFICATION NO. E-079 A RESOLUTION OF THE BOARDS OF DIRECTORS OF COUNTY SANITATION DISTRICTS NOS. 1, 2, 3, S, 6, 7 AND 11 OF ORANGE COUNTY, CALIFORNIA, AWARDING PURCHASE CONTRACT FOR ONE NEW, DUAL FUEL, GAS ENGINE FOR REHABILITATION OF ROTH- ROCK OUTFALL PUMPING STATION, PLANT NO. 2, HUNTINGTON BEACH, CALIFORNIA, SPECIFICATION NO. E-079 * * * * * * * * * * * The Boards of Directors of County Sanitation Districts Nos. 1, 2, 3, 5, 6, 7 and 11 of Orange County, California, DO HEREBY RESOLVE, DETERMINE AND ORDER: Section 1. That the written reconunendation this day submitted to the Boards of Directors by the Superintendent that award of purchase contract be made to Waukesha Engine Servicenter, Inc. for one new, dual fuel, gas engine for Rehabilitation of Rothrock Outfall Pumping Station, Plant No. 2, Huntington Beach, California, Specification No. E-079, and the bid tabulation and proposal submitted for said specification, are hereby received and ordered filed; and, Section 2. That said contract for Specification No. E-079 be awarded to Waukesha Engine Servicenter, Inc. in the amount of $76,318.00 for one new, dual fuel, gas engine furnished and delivered, in accordance with the terms and conditions of said specification and the bid proposal therefor; and, Section 3. TI1at the Chairman and the Secretary of County Sanitation District No. 1 are hereby authorized and directed to execute a purchase contract with Waukesha Engine Servicenter, Inc. for said equipment, in form approved by the General counsel; and, Section 4. That all other bids received for said work are hereby rejected, and that all bid bonds be ordered returned to the unsuccessful bidders. PASSED AND ADOPTED at a regular meeting held May 12, 1976. II H II AGENDA ITEM #9Cc) -ALL DISTRICTS II H II II I II Encinccr's Estimate: $231,000.00 BID TABULATION SHEET . Date May 3, 1976 -11:00 A.M • Contract For: . REHABILITATION OF ·RoTimOCK OITTFALL PUMPING STATION PLANT NO. 2, HUNTINGTON BEACH, CALIFORNIA 1. 2. 3. 4. ENGINE SECfION (Equipment Purchase Only) JOB NO. E-079 CONTRACTOR UNIT PRICE TOTAL BID Waukesha {l) $ 76,318.00 $ 76,318.00 Model No. 7047G (2) 73,049.50 146,099.00 (3) 73,049.666 219,149.00 White Superior *(l) $ 80,172.00+$4,810.32 (tax) $ 84,982.32 Model No. 8G825 * (2) 80,172.00+$4,810.32 (tax) 169,964.64 * (3) 80,172.00+$4,810.32 (tax) 254,946.96 White Superior * (1) $ 93,633.00+$5,617.98 (tax) $ 99,250.98 Model No. 40GDX6 * (2) 93,633.00+$5,617.98 (tax) 198, SOI. 96 * (3) 93,633.00+$5,617.98 (tax) 297,752.94 Delaval Engines NO BID (Engines no longer in production) *White Superior neglected to include necessary sales tax at 6% in their bid so it" has been added thereto in this bid tabulation. It is recommended that the award be made to Waukesha Engine Servicenter, Inc. of £ompton, California for ONE Waukesha Model 7042G engine for the total price of $76,318.00 as the lowest and best bid. · ~· ~.Cl~rke, S~perintendent AGENDA ITEM #9(c) -ALL DISTRICTS II I " BDLJ/e EnC]ineerfnCJ Corporation Board of Directors COUNTY SANITATION DISTRICT NO. 1 OF ORANGE COUNTY Attention Mr. Fred A. Harper, Genera I Manager P. 0. Box 1728 Fountain Valley, CA 92708 Raitt Street Trunk May 5, 1976 Pursuant to Mr. Lewis' request, we are pleased to submit our proposal for furnishing pro- fessional engineering services for the preparation of final plans and specifications for the subject project as set forth in the engineer1s report dated November 1969. The Raitt Street Trunk is part of the original master plan of trunk sewer facilities adopted in NovemL~.-1969. It is ·i·:ae las!· rE:rnui11i11g trunk sewer f·o be built and, when placed in operation, the master plan will have been completed. This trunk will relieve the existing Greenville-Sullivan Trunk, which presently sewers the westerly half of the city of Santa Ana that lies within District No. 1. It will discharge into the Sunflower interceptor, which is jointly owned by Districts Nos. 1 and 7. It wi II also sewer approximately 143 acres in District No. 7 between Sunflower and Alton. Flow from this area wi 11 account for 5 percent of the capacity in this reach, thus District No. 7 will be obligated for 5 percent of the project costs in this reach. The trunk begins at Sunflower Avenue and will extend northerly along the proposed align- ment of Raitt Street between Sunflower A'1enue and Alton Avenue, and then continue northerly in Raitt Street to Myrtle Street where it will intercept the Myrtle Street Trunk which present I y discharges to the Greenville-Su II ivan Trunk. Tota I length of the Raitt Street Trunk is approximately 3-1/4 miles with pipe sizes varying from 30 inches down to 24 inches. The total e3timated cost, including construction, engineering, design sur- veying, construction inspection, coi1struction staking, in-plant inspection, right-of-way acquisition, if required, and legal, administration, and incidental costs, is $1,550,000. We will provide the following professional engineering services for the project. 1. Make arrangements for and coordinate field surveys, gather bench-mark data, existing surveys, etc. If pavement coring is required for final design, make arrange- ments for outside services. "J-1" AGENDA ITEM #9(F) -DISTRICTS 1 & 7 "J-1" County Sanitation District No. 1 of Orange County -2-IW:Jy 5, 1976 2. Research underground uti I ity records; includes both field and office contacts with public and municipal utility companies. 3. As required to avoid conflicts between proposed project work and existing utilities, . make arrangements for exploratory holes to expose existing utilities for position and elevation. Obtain excavation permits. Solicit proposals from contractors if district forces are not available for exploratory work. Contact city and state inspection departments •. lvbrk and survey exposed utilities. 4. Prepare engineering data for regulatory permit applications that may be required by the cities of Santa Ana and Costa Mesa, Orange County Flood Control District, Southern Pacific Railroad Company, and State Division of lndustria I Safety for gas classifications on jacked casing and tunnels. 5. Make a general foundation investigation, and report. Secure district staff approval of soi Is engineer. 6. Prepare detailed plans and specifications. 7. Review pre! iminary and fina I plans and specifications with cities of Santa Ana and Costa Mesa and the Orange County Flood Control District. Receive traffic control, detour, and pavement replacement requirements. 8. Process railway undercrossing through Southern Pacific Railroad Company. 9. Process final plans through utility comp:rnies. 10. Process storm channel undercrossings through Orange County Flood Control District. 11. Prepare estimates of quantities and costs. 12. Deliver original tracings of plans and reproducible plates of the specifications for the district's use in prep:Jring the necessary number of copies for record purposes and distribution to prospective bidders, etc. 13. Prepare legal descriptions and plats fur right-of-way acquisitions as required for facility location and construction. Work with appraiser and attorney in right-of- way matters. 14. Furnish district staff data for preparation of environmental impact report. 15. Assist the district in securing bids, in the tabulation and analysis of bid results, and in letting the contract. "J-2" AGENDA ITEM #9(F) -DISTRICTS 1 & 7 "J-2" County Sanitation District No. 1 of Orange County -3-May 5, 1976 ~ 16. Attend pre-award ·conferences with contractor, district staff, and the cities of Santo Ana and Costa Mesa. 17. Check shop and working drawings as may be submitted by the contractor. 18. · Review laboratory reports on material tests and inspection and correlate such reports with the intention of the plans and specifications. 19. Furnish consultation and advice to the district or its agent during construction. 20. IY.ake a fine I inspection and report of the completed project with a representative of the district or its agent. 21. Prepare record drawings when construction work has been completed and accepted by the district. This shall mean the original tracings of the plans will be modified if necessary because of deviations from the original work. Since the district will carry out inspection of the project, modifications to the original tracings will be based upon information supplied to the engineer by the district. The original tracin9~, ~ftcr modificat!on, \viii become district property. "J-3" Our to ta I fee for the proposed project is $65, 900. It is suggested that payment be monthly on a percentage-complete basis up to 90 percent at time of delivery of plans and specifi- cations, with 100 percent payment when the work is completed and accepted by the district. Field surveys.will be required in order to prepare the plans and specific:itions. These sur- veys will include taking top~graphy and culture within the project limits. We propose that all field surveys necessary for design be performed on a per diem basis at the following hourly rates: (1) three-man survey party -$66/hour, (2) two-man survey party -$48/hour, and (3) licensed surveyor -$29/hour. Payment is to be monthly as invoiced. If construc- tion staking is requested, these rates will remain in effect until June 30, 1977, at which time they wou Id be subject to rev is ion. We propose that a II outside services required and approved by the district, such as pavement coring, plant inspection for quality control, and materials used on the project construction, be paid directly by the district upon presentation of a statement for such outside services with the engineer's certification. lfwe are authorized to proceed with this work at the May 12, 1976, board meeting, we can have plans and specifications ready for advertising of bids in August 1976. BOYLE ENGINEERING CORPORATION { 1;,,_ !//!'; /1./-(s,{.;;:/~-::,J / , . Conrad Hohener, Jr., PE Vice President AGENDA ITEM #9(F) -DISTRICTS 1 & 7 "J-3" MCHUGH -NORRIS, INC. CIVIL ENGINEERS & LAND SURVEYORS 17281 Irvine Boulevard, Suite 312. Tustn Calif. 82680 (714) 544-6710 Board of Directors County Sanitation District No. 2 of Orange County P.O. Box 8127 Fountain Valley, CA 92708 Attention: Mr. Sylvestor April 23, 1976 Subject: Tract 8885, City of Orange Gentlemen: On behalf of the owner of the subject tract, the G. L. Lewis Company, we hereby request that said tract be annexed to County Sanitation District No. 2 of Orange County. The legal description with area and boundary map are attached. The owner of all of the land is: G. L. Lewis Company, A California Corporation 17 45 Orangewood A venue Orange, CA 92668 Phone No. (714) 633-4400 The assessed valuation of the property according to the last equalized assessment roll is $145, 000. 00. The land is presently uninhabited, therefore the number of voters is zero. "K-1" AGENDA ITEM #9(G) -DISTRICT 2 "K-1" "K-2" April 23, 1976 Board of Directors Page Two ·, A check from the G. L. Lewis Company in the amount of $325. 00 for District Processing is enclosed. Please proceed with the processing of this annexation request. If you require additional information please notify me. KDM/rf Enclosure cc: Mr. Jim Halls Yours very truly, McHUGH -NORRIS, INC. /ft,(-,;?u{J. '/~Y#rc MJ Kevin D. McHugh L. S. 3906 AGENDA ITEM µg(G) -DISTRICT 2 "1(-2" .. ,. HARVEY T. BRANDT COUNTY CNOINCl:R COUNTY OF LOS ANGELES JAMES T. ROSTRON CHIEF DEPUTY "L-1" Mr. Fred A. Harper General Manager DEPARTMENT OF COUN1Y ENGINEER 108 WEST SECOND STREET LOS ANGELES, CALIFORNIA 90012 974-7111 April 26, 1976 Orange County Sanitation Districts Dear Mr. Harper: SEWAGE CAPACITY CONSIDERATIONS LA HABRA HEIGHTS AREA LOS ANGELES COUNTY IRA H. ALEXANDER ASST, CHIEF DEPUTY GEORGE J. FRANCESCHINI ASST. CHIEF DEPUTY COLEMAN W. JENKINS A&ST. CHICf" DEPUTY RICHARDT. REID ADMIN16TRA.TIVE Df:f'UTY The unincorporated La Habra Heights area of Los Angeles County has long experienced sewage disposal problems because of imper- vious soil and rock conditions and, therefore, has need for a public sanitary sewer system. Past investigations have shown that a portion of the La Habra Heights area, shown on the attached map, could be provided service through the existing sewer systems of the City of La Habra and the Orange County Sanitation Districts utilizing gravity flow rather than the much more expensive installation of a pumping system. Prior meetings with City of La Habra officials indicated that use of this sewerage system might be possible if sufficient capacity could be ~ade available. On March 16, 1976, the Los Angeles County Board of Supervisors authorized the County Engineer to conduct a capacity study of the appropriate sections of the City of La Habra sanitary sewer collection system in conjunction with the City. In addition, the County Engineer was instructed to meet with appropriate City of La Habra and Orange County officials in order to formu- late an agreement for the mutual use of their sewer systems. The above actions were taken to coincide with a matter on the same subject that was to be brought before the La Habra City' Council by Mrs. Beth Graham, a member of the Council. It seemed to be her understanding, as well as ours, that the Orange County Sanitation Districts had capacity in their system and that the bottleneck to providing a sewer outlet for the La Habra Heights area was the availability of capacity in the City sewerage system. AGENDA ITEM #9(H) -DISTRICT 3 "L-1" "L-2" Mr. Fred A. Harper April 26, 1976 Page 2 During the meeting before the City Council, on March 30, 1976, Mrs. Graham indicated that she had discussed the matter with you and that, while there appears to be capacity in your collection system, there is a question as to the availability of capacity in your treatment plant. The City Council indicated that they will not consider our request for a commitment from them until we have determined if capacity is available in your system. Therefore, we are submitting the following facts in an effort to determine if Orange County Sanitation Districts have available capacity for La Habra Heights and if they will enter into an agreement with Los Angeles County for sewage disposal: Accumulated Flow & Population Data Treatment Peak Rate Capacity Area of Flow* Required** Year (Acres) Dwellings Population (cfs) (MGD) Initial 32 77 265 0.054 0.020 1978 214 379 1, 304 0.400 0.099 1990 464 629 2' 164 0.655 0.164 Ultimate 1,020 959 3,299 0.977 0.251 *Peak rate of flow based on a flow coefficient of 0.0010 cfs/AC for Rural II, 0.1 to 1 unit/AC; 0.0015 for Urban I (limited), 1.1 to 2.0 units/AC; and 0.0030 for Urban I, 1.1 to 3.2 units/AC. **Total sewage to be treated is based on 75 GPCD with 3.44 persons per dwelling. The initial sewage flow into the Orange County system will be generated by the elimination of the existing sewage pumping station located in Agave Avenue at the County boundary. This existing pump serves 3 subdivisions consisting of 77 lots. It is anticipated that the pump will be abandoned and a connection made to the City of La Habra sewers located in Carol Street shortly after a satisfactory agreement is entered into. AGENDA ITEM #9(H) -DISTRICT 3 "L-2" "L-3" Mr. Fred A. Harper ·, April 26, 1976 Page 3 The flow anticipated for 1978 will be generated by the development of several large parcels of land located between Cypress Street and Fullerton Road at the County boundary. The area consists of several parcels of land and includes approximately 82 acres. It is zoned Urban I, 1.1 to 3.2 units/AC. Private engineers involved with tentative tracts on this property have indicated that they believe the maximum density that can be obtained, because of the limiting rough terrain, would be 2.5 units per acre or a total of 205 units. This figure is a maximum and is based on total development of the area which may not occur within this time frame. In addition, it is estimated that an additional 100 dwellings will connect to the public sewer system through private contract or public improvement processes by the year 1978. It is projected that an additional 250 dwellings will be connected to the public sewer system by 1990. Our projection is that approximately 25% of the remaining area will be connected to the public sewer system by 1990. This will include approximately 250 new and existing homes. The ultimate flow is based on the total number of parcels that could be obtained with the general plan zoning and with total participation in the public sewer system. (A reduction factor of 25% has been applied to take into consideration the steepness) of the terrain within the area zoned for 1 unit per acre.) It is probable that the total maximum flow from La.Habra Heights will never reach the volume shown in the chart and that the maximum may not exceed the figures shown for 1990. The flow data, zoning and population information contained in this letter are based on the La Habra Heights Community General Plan prepared by the Department of Regional Planning of Los Angeles County. AGENDA ITEM #9(H) -DISTRICT 3 "L-3" • II L-4" Mr. Fred A. Harper April 26, 1976 Page 4 Your assistance in providing public sanitary sewer service to the La Habra Heights area is greatly appreciated. Please do not hesitate to contact me, if you require additional information regarding this matter. REK: OEM: jm 10 Attachment: Map Yours very truly, James T. Rostron CHIEF DEPUTY f11£/E.V~ Richard E. Kuhns Division Engineer cc: Mr. R. Lewis (Orange County Sanitation Districts) Mr. L. Risner,.City Manager, La Habra AGENDA ITEM #9(H) -DISTRICT 3 "L-4" '· J "L-5" "L-5" "M" RESOLUTION NO. 76-85-5 APPROVING NEW STANDARD AGREEMENT FOR COLLECTION OF SEWER CONNECTION CHARGES WITH CI1Y OF NEWPORT BEACH A RESOLUTION OF 'D1E BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 5, OF ORANGE COUNTY, CALIFORNIA, APPROVING AND AUTHORIZING EXECUTION OF STANDARD AGREEMENT FOR COLLECTION OF SEWER CONNEC- TION CHARGES WITII THE CITY OF NEWPORT BEACH, AND RESCINDING MINUTE ACTION RE PAYMENT OF FEES FOR SUCH COLLECTION * * * * * * * * * * * WHEREAS, the District has heretoforeentered into an agreement with the City of Newport Beach for the collection and remittance of District connection fees by the City; and, WHEREAS, said agreement provides for. amendments or changes thereto; and, WHEREAS, it appears mutually beneficial to provide for a change in provision for remittance of connection fees to the District, and payment of fees for collection services by the City; NOW, 11-IF.REFORE, the Board of Directors of County Sanitation District No. S, of Orange County, California, DOES HEREBY RESOLVE, DETERMINE AND ORDER: Section 1·. That the certain agreement dated July 1, 1976, by and between County Sanitation District No. 5 and the City of Newport Beach for collection of connection charges, as provided in Sewer Connection Ordinance No. 509, as amended, is hereby approved and adopted; and, Section 2. That certain agreement dated September 15, 1972, between the parties hereto is hereby terminated as of July 1, 1976; and, Section 3. That the minute action of March 15, 1966, directing that fees charged for collecting District's connection charges be paid out of the Operating Fund of the District, is hereby rescinded; and, Section 4. That the Chainnan and Secretary of the District are hereby authorized and directed to execute said agreement. PASSED AND ADOPTED at a regular meeting held May 12, 1976. AGENDA ITEM #9(J) -DISTRICT 5 "M" RESOLUTION NO. 76-87-7 ORDERING ANNEXATION OF TERRITORY TO THE DISTRICT (ANNEXATION NO. 46 -TRACTS NOS. 8799 AND 8827) A RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 7 OF ORANGE COUNTY, CALIFORNIA, ORDERING ANNEXATION OF TERRITORY TO THE DISTRICT (ANNEXATION NO. 46 - TRACTS NOS. 8799 AND 8827 TO COUNTY SANITATION DISTRICT NO. 7 * * * * * * * * * * * * * * The Board of Directors of County Sanitation District No. 7 of Orange County, California, DOES HEREBY RESOLVE, DETERMINE AND ORDER: Section 1. That application has heretofore been made to Cotmty Sanitation District No. 7 for annexation of said territory to the District by means of a petition filed by the prope~ty owner; and, Section 2. That, pursuant to Division 1 (District Reorganization Act of 1965) of Title 6 of the Government Code of the State _of California, application has heretofore been made to the Local Agency Formation Conunission for annexation of said territory to Colmty Sanitation District No. 7 by means of Resolution No. 75-38-7, 0 filed with said Commission by the District; and, Section 3. That the designation assigned by said Commission to the territory proposed to be annexed is "ANNEXATION NO. 46 -TRACTS NOS. 8799 AND 8827 TO COUNTY SANITATION DISTRICT NO. 7", the exterior boundaries of which are described on Exhibit "A" and shown on Exhibit "B" attached hereto and by reference made a part of this resolution; and, Section 4. That the territory hcreinbefore referred to is tminhabited; and, Section 5. That the reason for annexing said territory is to obtain and provide public sanitary sewer service to said territory; and, "N-1" AGENDA ITEM #9(L) -DISTRICT 7 "N-1" Section 6. That said annexation is subject to the following terms and conditions heretofore established by the Board of Directors: '111at annexation acreage fees for Tract No. 8827 in effect at the time of final approval (approximately $20,580 based on 20 acres), plus State Board of Equalization processing fees are paid prior to final approval of Annexation No. 46 by the Board of Directors; and, Execution of a note by the proponents payable to District No. 7 for the balance of approximately $41,160 (based on 40 acres) and Deed of Trust With An Assignment Of Rents to the District to secure said note; and, Semi-annual payment of interest on said outstanding amount to the Di~trict at the rate of 7% per annum; and, Payment of District No. 7 annexation acreage fees in effect at the time the tract map is recorded, but in no event later than July 1, 1977. Section 7. That, as authorized by resolution of the Local Agency Formation Conunission pursuant to Division 1 (District Reorganization Act of 1965) of Title 6 of the Government Code, Section 56261, the territory hereinbefore referred to and described hereinabove, be and it is hereby ordered annexed to County Sanitation District No. 7 without notice or hearing and without election. PASSED AND ADOPTED at a regular meeting held May 12, 1976. AGENDA ITEM #9(L) -DISTRICT 7 P. O. BOX 8127 -10844 ELLIS AVENUE FOUNTAIN VALLEY, CALIFORNIA 92708 CHANGE ORDER C .O. NO. 2 --------~------~~~ C fRACTOR: Clifford L. Thompson Construction Company ..._.... DATE __ ~~-A_p_r_i_l_3_0~, __ 19_7~6----~ JOB: Remodel Newland-Hamilton Pumping Station Facilities,· Contract No. 11-4R Amount of tht s Change Order (ADD) (~trnm~+) $ 157.31 · In accordance with contract provision~, the following changes in the contract and/or contract work are hereby authorized and as compensution therefor, the following additions to or deductions from the contract price are he\cby appr~ved. ADJUSfMENT OF ENGINEER'S QUfu~TITIES ADD: Item No. 2 Unit L.F. Change Est'd Quantities From To 128 134 Extension of Contract Time Difference 6 @ 26.21875/.L.F. 157.31 TOfAL ADD: 157.31 The contractor is hereby granted an extension of contract time for material delays 66 Calendar Days Summary of Contr~ct Ti~e Original Contract Date Original Contract.}ime Original Completion Date Time Extension this Olange Order Total Time Extension Revised Contract Time Revised Completion Date Board authorization date: May 12, 1976 November 27, 1975 60 Ca leridar Days J~nuary 25, 1976 66 Calendar Days 96 Calendar Days 156 Calendar Days April 30, 1976 Original Contract Price $ 19, 821.00 Prev. Auth. Changes $ 1,214.95 Th Is Change (ADD) (l)!iljXJt~) $ 157.31 Amended Contract Price $_ 21, 193_._26 ____ _ Approved: COUNTY SANITATION DISTRJ CTS OF Or~nge County, California /} ,..-.'·~~ .--~,..~ ~· .4.·/ ~ ' By / "/l.._,, <~. -~ "' C-4 <_.~ . .,,.....-'\( . '..__ / J Chief [ngi nee _/ II O" AGENDA ITEM #9(N) -DISTRICT 11 II O" "P" RESOLUTION NO. 76-89-11 . ACCEPTING CONTRACT NO. 11-4R AS COMPLETE A RESOLUTION OF 111E BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 11, OF ORANGE COUNTY, CALIFORNIA, ACCEPTING CONTRACT NO. ll-4R AS COMPLETE AND APPROVING FINAL CLOSE- OUT AGREEMENT . * * * * * * * * * * * The Board of Directors of County Sanitation District No. 11, of Orange County, California, DOES HEREBY RESOLVE, DETERMINE AND ORDER: Section 1. 1bat the contractor, Clifford L. Thompson Construction Company, has completed the construction in accordance with the terms of the contract to REMODEL NEWLAND-HAMILTON PUMPING STATION FACILITIES, CONTRACT NO. 11-4R, on the 30th of April, 1976; and, Section 2. 1bat the District's Chief Engineer has recorrunended acceptance of said work as having been completed in accordance with the terms of the contract, which said recommendation is hereby received and or~ered filed; and, Section 3. 1bat Contract No. 11-4R, Remodel Newland-Hamilton Pumping Station Facilities, is hereby accepted as completed in accordance with the terms of the contract therefor, dated the 27th day of November, 1975; and, Section 4. 1bat the Chairman of the District is hereby authorized and directed to execute a Notice of Completion therefor; and, Section 5. 1bat the Final Closeout Agreement with Clifford L. 1bompson Construction Company,. setting forth the terms and conditions for acceptance of said Contract No. 11-4R, Remodel Newland-Hamilton Pumping Station Facilities, is hereby approved; and, Section 6. 1bat the Chairman and Secretary of the Board of Directors are hereby authorized and directed to execute said agreement on behalf of the District. PASSED AND ADOPTED at a regular meeting held May 12, 1976. AGENDA ITEM #9Co) -DISTRICT 11 "P" LAW Ol'"l'"ICES fUCMARO 0. ,.RAZCE BTCPHCN C.STCWART Tt40MAS L.WOOORUP"P" JC,.P'RCY A. HARTMAN 1055 NORTH MAIN STRCET, SUITE 1020 SANTA ANA. CALI f'ORNIA 9Z701 ARCA COOC ~14 83D•CZ1l "Q-1" April 29, 1976 Boards of Directors . County Sanitation Districts of Orange County, California P. o. Box 8127 Fountain Valley, California 92708 Subject: Adoption of Conflict of Interests Code As each of you has been made aware, the provisions of the Political Reform Act of 1974 (Proposition 9) are now being implemented and specifically require all local public agencies to adopt a conflict of interest code that will apply to its officers and employees. On behalf of the County Sanitation Districts, the code will be adopted by the Board of Directors of each District and will be submitted to the Orange County Board of Supervisors for their review and approval. The Board of Supervisors has established the date of August 1, 1976 as the final date for submission of the District's code. The Execu·tive Conunittee is being requested to revie:w the draft of the code which is the basis upon which the specific code will be submitted to the full Boards at the meeting of June. This draft code is the product of the Attorneys Conunittee for the California Association of Sanitation Agencies (CASA) and, in my opinion, is the best product of efforts to have a comprehen- sive yet simplified set of rules. It is considerably more specific than the model code proposed by the League of California Cities and, while a few paragraphs will need to be changed to more precisely identify the factual situation with our Districts, the substance is basically being recommended by my office. It now appears that the code will be made to apply to the super- visory category employees of the District, in view of the fact that they generally have the ability to make or participate in the making of decisions which could foreseeably have a material effect on a financial interest of the person holding their position. Additionally, a few other categories will necessarily AGENDA ITEM #12CA)(l) -ALL DISTRICTS "Q-1" "Q-2" Boards of Directors April 29, 1976 Page Two have to be included because of the particular responsibilities of the jol:smeeting the same criteria. It i~ ~lso being recommended that the code to be adopted by the Districts will require the consultants to the Districts, such as engineering firms and general counsel, be made to comply with all of its provisions. I do point out, however, that there are some exceptions, such as a consultant who owns less than a 10% interest in the firm which is being retained by the District need not disclose, on the basis of a minimum involvement. With regard to the form of the reporting requirements, it is substantially similar to that presently being required of ·most Directors in their capacities as members of the City Councils. Finally, with .respect.to the adoption of the code, we are, as noted above, required to submit our adopted code to the Board of Supervisors by August 1, 1976. ·However, the code that will be submitted to the Board for approval will include my recom- mendation that it not become effective as a law governing the officers and employees of the District until January 1, 1977. This recorrunendation is based primarily upon the fact that no effective date is required as a matter of State law and, secondly, it will avoid one additional filing during 1976 in view of the numerous filings that have already been made by most Directors. Likewise, the actual filing date is not yet determined, but at this point it would appear that the month of April will be selected as the annual anniversary date. The purpose of this is to coincide with the reporting dates that the Directors will experience as members of the City Councils and, therefore, will prevent an unnecessary amount of duplicate efforts spread through several months of the year. ~:::~~r· General Counsel TLW:·ab AGENDA ITEM #12(A)(l) -ALL DISTRICTS "Q-2" RESOLUTION NO. 76-90 SE'ITING TIME AND PLACE OF HEARING ON A PROPOSED CONFLICT OF INTEREST CODE A JOINT RESOLUTION OF TIIE BOARDSOF DIRECTORS OF COUNTY SANITATION DISTRICTS NOS. 1, 2, 3, S, 6, 7 AND 11 OF ORANGE COUNTY, CALIFORNIA, SETIING A TIME AND PLACE OF HEARING ON A, PROPOSED CONFLICT OF INTEREST CODE * * * * * * * * * * * WHEREAS, Government Code Section 87300 requires every local government agency to adopt and promulgate a Conflict of Interest Code; and, WHEREAS, there has been presented to these Boards a proposed Conflict of Interest Code for these Districts, a copy of which 1s on file with the Secretary of the Districts; and, WHEREAS, Government Code Section 87311 requires that the review and prepa- ration of Conflict of Interest Codes shall be carried out under procedures which guarantee officers, employees, members, and consultants of the Districts and to residents of the jurisdiction adequate notice and a fair opportunity to present their views; NOW, THEREFORE, the Boards of Directors of County Sanitation Districts Nos. 1, 2, 3, 5, 6, 7 and 11 of Orange County, California, DO HEREBY RESOLVE, DETERMINE AND ORDER: Section 1. That the 9th day of ~une, 1976, at the hour of 7:30 p.m., in the regular meeting place of these Boards, 10844 Ellis Avenue, Fountain Valley, California, be, and the same is hereby, appointed and fixed as the time and place when and where these Boards will consider and determine whether the afore- said proposed Conflict of Interest Code shall be adopted. Section 2. TI1at the Secretary·of these Districts be, and is hereby, directed to give notice of said hearing by publication of this resolutiori in full once, at least ten days prior to said hearing, in a newspaper of general circulation in the Districts. "R-1 11 AGENDA ITEM #12(A)(2) -ALL DISTRICTS "R-1" Section 3. That the Secretary of these Districts be, and is hereby, directed to distribute or make available one copy of this resolution together with one copy of the aforesaid Conflict of Interest Code to each person or persons holding positions within the District enumerated in Exhibit "A" of said Code. Section 4. That the Secretary of these Districts be, and is hereby, directed to file copies of said Conflict of Interest Code in the District office to be available for distribution to persons requesting the same. PASSED AND ADOPTED at a regular meeting held May 12, 1976. "R-2" AGENDA ITEM #12(A)(2) -ALL DISTRICTS "R-2" "-"" . LAW OF"f"IC£S RICHARD O. ,.RAZ££ STCPHCN C.STCWART THOMAS L. WOOORUf',. ..JCf"f"RCY A. HARTMAN Stcwd rt, 'VooJ ruff & frdzce 1055 NORTH MAIN STREET, SUITE 1020 SANTA ANA, CALIFORNIA 92701 AREA COO£ 71"' 63&· 6212 "S-1" May 5, 1976 Board of Directors County Sanitation District No. 2 Post Office Box 8127 Fountain Valley, California 92708 Subject: Request by Garden Grove Sanitary District for Waiver of Connection Charges .. By letter dated March 9, 1976, the District has received a request from the Garden Grove Sanitary District, a member agency of Sanitation District No. 2·, to waive the provisions of Ordinance Nos. 202 and 203 of the District for twenty-one homes constructed in Garden Grove on Ranchero Way and Ranchero Place·in 1952. A rev~ew of this letter indicates that they are specifically asking that the charges be waived in view of the considerable sum that would be due and owing as compared with the total cost to be incurred by those property owners as a result of the formption of a special assessment district. I have reviewed the provisions of Ordinance Nos. 202 and 203 which are presently in force for District No. 2, together with the request of the Garden Grove Sanitary District and submit the following opinion pertaining thereto. ISSUE May the District properly waive connection fees that are established pursuant to the provisions of District ordinances? . ANSWER The connection charges cannot be waived. DISCUSSION Article 1 of Ordinance No. 202 reflects that the revenues which are derived from the connection charges are to be used to defray AGENDA ITEM #12(B)(l) -ALL DISTRICTS "S-1" "S-2" Board of Directors May 5, 1976 Page Two the costs of the repayment of principal and interest on bonds, the construction or reconstruction and the maintenance of an adequate sewerage system within the territory of the District, such construction being limited to the main· trunks and outfalls as opposed to new local sewers. More specifically, Article 3 of Ordinance No. 202 provides that no person shall be permitted to connect to the sewerage facilities of the District without first obtaining a connection permit. Article 6 of Ordinance No. 202, which has been amended by Ordi- nance No. 203, further provides that before any connection permit shall be issued, the applicant shall pay to the District the charges specified in said ordinance. In this case, the connection charges amount to $220.00 per dwelling unit. Th~re are no provisions contained in either ordinance to allow for a waiver under special circumstances other than Section (a) (2) of Article 6 of Ordinance No. 202, as amended, which allowed for the issuance of connection permits without charge. prior to August 1, 1974. The purpose of that was to allow those properties which were within the limits of the District to make their connections without incurring any significant cash outlay as a result of the District ordinance. However, that time having passed, there is no further authority for the District or the staff to waive the requirement of this law. _y /:pf~ .• o .. ,,~,.~ .,L:'.j_/ //) ,,,:..-.1 /.., "-<~-:.-c;, t.,,~· <, Thomas '!:".'Woodruff /'/ General Counsel TLW:ab cc: Mr. Fred A. Harper Mr. J. Wayn~ Sylvester AGENDA ITEM #12CB)(l) -ALL DISTRICTS "S-2" L ~ UNITED STATES ENVIRONMENTAL PROTECTION AGENCY SUBJEC~ Orange County (CSDOC) Environmental Impact Statement DATE: APR 3 0 1~70 FR0~1: ~--,.,/~~~ Fred Krieger '1/•~ A.P'-/ TO: Robert Gillette (SWRC~) As a follow up to the meeting on April 27, 1976, we would like to confirm that the costs projected by J. B. Gilbert and Associates as necessary to support their effort through printing of the draft (total of $160,000) appear reasonable and we do not anticipate any objections. We urge the consultant in conjunction with the Districts, the SWRCB and ourselves to proceed as expeditiously as possible so as to complete the EIS as soon as feasible. It should be noted that all requests for interim payments should be cleared through the EPA as described in Provision II-6 of the Memorandwn of Understanding. cc: Ray Lewis EPA Form 1320-6 (Rev. 6-72) "T" AGENDA ITEM #12(c)(l) -ALL DISTRICTS "T" J.B. Gilbert & Associates Planning & Engineering Consult<lnts 1101 R Street, Sacramento, Ca 95814 (916) 444-0123 April 15,.1976 0 Bay Arca Offier Claremont Hotel, Berkeley. ca 94 70~ (415) 843·0298 0 Tahoe Office: 2155 South Street, P.O. Box 14446 South Lake Tahoe. ca n5702 (~16) 541·5775 Mr. Ray Lewis Chief Engineer County Sanitation Districts of· Orange County Post Office Box 8127 Fountain Valley, California 92708 Costs of Additional Work on Draft EIR/EIS Dear .Mr. Lewis: .·.,. At the March 18 meeting with EPA and SWRCB representatives, an extensive amount of supplemental EIR/EIS work was requested. This is an addition to the expanded scope resulting from initial EPA review of the first five chapters. EPA has indicated its desire to make this EIR/EIS a major decision-making document on such subjects as marine impacts and air quality mitigation measures. Additional work resulting from EPA's request includes a detailed analysis of wastewater reclamation options, further air quality investigations, more extensive use of graphics, a change in organization of the report from the initial outline, and additional information on land use, population growth, marine biology, and measures to mitigate air quality impacts. Attachment 1 to this letter is a cost estimate for the work that remains to be done. As of early April, we have spent approxi- mately $52,000 of our initial $60,000 authorization. We estimate that the draft document will be delayed three to four months and cost an additional $100,000. Also attached is a revised schedule for completion of the EIS. While EPA has indicated satisfaction with the technical content of work to date, their staff members must be satisfied with the document since it is essentially EPA's EIS. While much of the information being developed will not be of direct benefit to the wastewater function in Orange County, it will provide a valuable reference document for a variety of public agencies and can help clarify the controversial issues of marine disposal and air quality mitigation. C:t>ll~ultin~~ Sl·r-viccs O Er1\'ironnKTll O \Vatcr D \Vc1stcwater 0 Covcr11n1c111<ll :\ft(·1ir~ "U-1" AGENDA ITEM #12(c)(2) -ALL DISTRICTS "U-1" Mr. Ray Lewis 2 Ap~il 15, 1976 During the course of this work, we have made every effort to keep costs to a minimum. Kris Lindstrom's familiarity with the County and the District's activities as well as our firm's experience in EIS work has helped. However, EPA has firmed up and expanded its view of the EIR/EIS. While these additional costs are certainly significant, they are consistent with the level of effort currently being undertaken by EPA in major regional EIS's in other parts of the State. If you would like additional information regarding the attached budget and additional scope of work, we would be glad to provide it in writing or meet with you and appear before the District Board. Very truly yours, J. B. GILBERT & ASSOCIATES . ....-···~/';; : . . ' • I' -:...... . :-. • ) ' ~-: .'· --·-· .... ~ -.. · ... ....... , . Jerome B. Gilbert . _,; I Attachments iJJ "U-2" AGENDA ITEM #12Cc)(2) -ALL DISTRICTS "U-2"3 Pl<:1nning & Engineering Consull<Jnts J. 1-3. GillJCrt ~ "U-3 11 ATTACHMENT 1 SUMMARY OF ANTICIPATED COSTS CSDOC EII~/EIS After May 1, 1976 Development of supplemental information and data requested by EPA for incorporation in the draft including: Marine biology Air quality Land use Institutional framework and mitigation measures Miscellaneous supplemental work Report preparation expenses including drafting and additional typing Printing of Draft EIR/EIS Contingency $ 6,000 3,000 6,000 5,000 5,000 15,000 35,000 10,000 $ 85,000 Additional work on development of reclamation alternatives for incorporation into the Facilities Plan and EIR/EIS: Engineering Environmental assessment Total additional anticipated costs of preparing Draft EIR/EIS $ 10,000 5,000 $ 15,000 $100,000 Note: These costs do not include the preparation of responses to the comments on the Draft EIR/EIS nor printing. Our experience has been that these costs are a minimum of $25,000 equally divided between reproduction of the Final EIS and professional time. The exact level of effort required should be determined by the District and EPA following the comment period. .~ (.) r.. AGENDA ITEM #12Cc)(2) -ALL DISTRICTS Planning & Engineering Co11Sult<.mts "U-3"~ < J. 13. G i lt)ert cZ Tasks ATTACHMENT 2 PROJECTED SCHEDULE CSDOC EIR/EIS Task Completion Date Elapsed Time 1. Preliminary Draft Facilities Plan 2/20/76 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. "U-4" First Preliminary Draft EIS (All Chapters) EPA Branch Review (All Chapters) Consultant Revision (Submit Second Preliminary Draft) EPA Division Review, Advisory Committee Review Consultant Revision (Submit Final Draft) EPA Review and Signature Change Draft Printing and Distribution (Mailing to CEQ) Public Notice for Public Hearing Public Hearing Final EIS Published 6~30/76 6 weeks 7/15/76 5 weeks 8/15/76 4 weeks 9/15/76 4 weeks 11/1/76 3 weeks 11/22/76 3 weeks Christmas season, 4 weeks delay mailing: Reconunend 1/10/76 1/13/76 3 days 2/17/76 5 weeks 6/1/77 3-1/2 months (f, v ....... rv ~ r--.._ r..n AGENDA ITEM #12(c)(2) -ALL DISTRICTS "U-4"3 Pl<.mning & r:nginccring Consult(mts J. 13. Gilbert ~ l -. ATTACHMENT 3 TASK DESCRIPTIONS REVIEW OF MARINE IMPACT ANALYSIS BY AN INDEPENDENT CONSULTANT The assessment of marine impacts associated with the past, present, and projected CSDOC discharge has been completed. In order to assure that this section contains an objective and thorough presentation of the important impacts relating to the discharge and the potential effects from improved treatment, it is desirable to obtain an independent evaluation and review by a qualified outside consultant. This outside evaluator would review and reconunend changes in the drafts including impacts assessments and technical conclusions. We have approached a well qualified individual at Scripps Institute of Oceanography to pursue this task. This may result in additional work after we reorganize the information as requested by EPA, which has not yet reviewed the material in detail. AIR QUALITY EPA has requested additional work on air quality including quantification of impacts specifically within the CSDOC service area. Air pollutant projections and an air quality analysis based upon projected growth have recently been updated reflecting the latest air pollutant emissions inventory and emissions forecasting methods. Additional information has been requested on: health effects and environmental impacts such as vegetation damage, regional trends and programs, and the recent efforts of the Air Quality Maintenance Planning effort. LAND USE More detailed information and quantification of changes in land use within the Districts' service area has been requested. This additional effort will entail considerable in-depth analysis and basic data collection. Specific changes in the amount of agricultural land corrunitted to urban development; the influence of the State Coastal Plan on subregional growth; more detailed discussions of soils, geologic hazards, flooding, and urban form U) CJ ..,._ 0 ~ 0 'J) (fJ "U-5" AGENDA ITEM #12 (c) (2) -ALL DISTRICTS "U-5"<( Planning & Engineering Consultants J.B. GillJert cO . .• . "" . 2 have been requested. A minimum effort to meet the additional requests for data and graphics is estimated to cost $6,000. If analysis of individual City General Plans for all 23 cities within the Districts' service area is required, costs will be much higher. At the present time, such detailed analyses are not anticipated, although specific plans will be examined with regard to environmentally critical areas such as the Balsa Chica wetlands area. ----~----------- INSTITUTIONAL FRAMEWORK AND MITIGATION MEASURES Additional work effort is anticipated in analyzing mitigation measures within the CSDOC service area and developing institutional arrangements for implementing some of these measures. More in- depth analysis of the effectiveness of air quality mitigation measures has been suggested. Also, preparation of additional material for and our participation in mitigation workshops with local agencies is anticipated. A minimum cost of $5,000 is presently anticipated, but this could be increased if additional analysis is requested or extensive participation is required for meetings. MISCELLANEOUS SUPPLEMENTAL WORK Additional information and analyses is required on water supply and regulatory programs, and how they effect the Districts' programs including air pollution control, transportation planning, health and water quality regulations, and land use planning. It is anticipated that this will require a minimum of $5,000 of work effort to obtain the basic information requested. OTHER PRODUCTION EXPENSES Due to the extensive nature of this report which is now approximately 700 pages in length, a major effort has been expended in terms of typing, editing, drafting, xeroxing, and preparing review copies for EPA. Revisions involving rewriting, updating, incorporating changes, final editing, and the prepara- tion of additional graphics will require extensive staff time. Attendance at meetings, travel, telephone bills, xeroxing, and other related expenses also accompanying any work effort of this magnitude. These costs are estimated at $15,000. This also includes additional work in developing a sununary document for use during the public participation phases of the planning program. CV ·-u 0 V) U) "U-6" AGENDA ITEM #12(c)(2) -ALL DISTRICTS "U 6'v --...... Plant)ing & E.nginccring Consult<Jnts J.B. GillJcrt c.Q RESOLUTION NO. 76-92 APPROVING AMENDMENT TO AGREEMENT WITH J. B. GILBERT AND ASSOCIATES FOR FACILITIES PLAN EIS A RESOLUTION OF THE BOARDS OF DIRECTORS OF COUNTY SANITATION DISTRICTS NOS. 1, 2, 3, S, 6, 7 AND 11 OF ORANGE COUNTY, CALIFORNIA, APPROVING AND AUTI-IORIZING EXECUTION OF AN AMENDMENT TO IBE AGREEMENT Willi J. IL GILBERT AND ASSOCIATES FOR PREPARATION OF ENVIRONMENTAL IMPACT STATEMENT RE TREATMENT PLANT FACILITIES PLAN * * * * * * * * * * * \~1EREAS, the Board of Directors of County Sanitation District No. 1 acting on behalf of itself and County Sanitation Districts Nos. 2, 3, 5, 6, 7 and 11 of Orange County, California, have heretofor entered into an agreement with J. B. Gilbert and Associates for preparation of an Environmental Impact State- ment in connection with Districts' treatment plant facilities plan, pursuant to a Step 1 grant approved by the Environmental Protection Agency and the State Water Resources Control Board; and, lffiEREAS, the Environmental Protection Agency has directed that the scope of said Environmental Impact Statement be expanded; NOW, THEREFORE, the Boards of Directors of County Sanitation Districts Nos. 1, 2, 3, 5, 6, 7 and 11 of Orange County, California, DO HEREBY RESOLVE, DETERMINE AND ORDER: Section l. That Amendment No. 1 to that certain agreement dated June l, 1975, by and between County Sanitation District No. 1, on behalf of itself and County Sanitation Districts Nos. 2, 3, 5, 6, 7 and 11 of Orange County, California, and J. B. Gilbert and Associates, providing for expanded scope of work for preparation of an Environmental Impact Statement in connection with Districts' treatment plant facilities plan, is l1ercby approved and accepted; and, Section 2. TI1:it an increase in the payment provision for said services is hereby authorized from a maximum of $60,000 to $150,000, on a per diem fee "V-1" AGENDA ITEM #12Cc)(3) -ALL DISTRICTS 11 V-l" RESOLUTION NO. 76-92 APPROVING AMENDMENT TO AGREEMENT WITI-I J. B. GILBERT AND ASSOCIATES FOR FACILITIES PLAN EIS A RESOLUTION OF TI-IE BOARDS OF DIRECTORS OF COUNTY SANITATION DISTRICTS NOS. 1, 2, 3, S, 6, 7 AND 11 OF ORANGE COUNTY, CALIFORNIA, APPROVING AND AUTHORIZING EXECUTION OF AN AMENDMENT TO THE AGREEMENT WITI1 J. B. GILBERT AND ASSOCIATES FOR PREPARATION OF ENVIRONMENTAL IMPACT STATEMENT RE TREATMENT PLANT FACILITIES PLAN * * * * * * * * * * * ----WHEPEAS, th6 3,_,ard ·.Jf Dii~cctors of County Sanitation District No. 1 acting on behalf of itself and County Sanitation Districts Nos. 2, 3, 5, 6, 7 and 11 of Orange County, California, have heretofor entered into an agreement with J. B. Gilbert and Associates for preparation of an Environmental Impact State- ment in connection with Districts' treatment plant facilities plan, pursuant to a Step 1 grant approved by tl1e Environmental Protection Agency and the State Water Resources Control Board; and, WHEREAS, the Environmental Protection Agency has directed that the scope of said Environmental Impact Statement be expanded; NOW, THEREFORE, the Boards of Directors of County Sanitation Districts Nos. 1, 2, 3, S, 6, 7 and 11 of Orange County, California, DO HEREBY RESOLVE, DETERMINE AND ORDER: Section 1. TI1at Amendment No. 1 to that certain agreement dated June 1, 1975, by and between County Sanitation District No. 1, on behalf of itself and County Sanitation Districts Nos. 2, 3, 5, 6, 7 and 11 of Orange County, California, and J. B. Gilbert and Associates, providing for expanded scope of work for preparation of an Environmental Impact Statement in connection with Districts' treatment plant facilities plan, is hereby approved and accepted; and, Section 2. That an increase in the payment provision for said services is hereby authorized from a max:i.mwn of $60,000 to $150,000, on a per diem fee "V-1" AGENDA ITEM #J.2(c) (3) ·-ALL DISTRICTS "V-1" basis, plus printing and publication costs not to exceed $35,000; and, Section 3. That the Chairman and Secretary of County Sanitation District No. 1 are hereby authorized to execute said amendment on behalf of itself and Districts Nos. 2, 3, 5, 6, 7 and 11, in form approved by the General Counsel. PASSED AND ADOPTED at a regular meeting held May 12, 1976. ---- "V-2" AGENDA ITEM #12Cc)(3) -ALL DISTRICTS "V-2" RESOLUTION NO. 76-91 AUTI10RIZING THE GENERAL MANAGER AND JOINT CHAIRMAN TO DESIGNATE DIRECTORS TO REPRESENT Tirn DISTRICTS ON DISTRICT BUSINESS A JOINT RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICTS NOS. 1, 2, 3, 5, 6, 7 AND 11 OF ORANGE COUNTY, CALIFORNIA, AUTI10RI ZING TI-IE GENERAL MANAGER AND JOINT CHAIRMAN TO DESIGNATE DIRECTORS TO REPRESENT THE DISTRICTS ON DISTRICT BUSINESS AND PRO- VIDING FOR COMPENSATION AND REIMBURSEMENT OF EXPENSES INCURRED RELATING 111ERETO * * * * * * * * * * * WHEREAS, the Boards of Directors have previously acted to authorize the General Manager to designate Directors and staff members to attend meetings, conferences, hearings and other functions within the State of California; and, WHEREAS, said authority does not provide for the Directors to be compen- sated for the time spent while attending to such business of the Districts; and, WHEREAS, the Districts have recently adopted resolutions to compensate Directors for attending meetings, conferences, hearings and other functions on behalf of the Districts when approved by the Boards; and, M1EREAS, it 6ccasionally happens that the need for a Director to attend a meeting, conference or hearing arises before the Directors can act to approve said attendance. NOW, THEREFORE, the Boards of County Sanitation Districts Nos. 1, 2, 3, 5, 6, 7 and 11 of Orange County, California, DO HEREBY RESOLVE, DETERMINE AND ORDER: Section 1. The General Manager, with the concurrence of the Joint Chairman, is authorized to designate Directors to attend any meeting, conference, hearing or other function on behalf of the Districts, when it is deemed to be in the best interests of the Districts. "W-1 11 AGENDA ITEM #12(n) -ALL DISTRICTS "W-1" Section 2. Any Director attending a meeting, conference, hearing or other function on behalf of the Districts, when designated by the General Manager and Joint Chairman, shall be entitled to receive the sum of Fifty Dollars ($50.00) per day, but in no event shall the Directors' total compen- ·. sation, including attendance at regular or special meetings of the Board of Directors, exceed Two Hundred Dollars ($200.00) per month. ·Section 3. When traveling on the business of one or more Districts, the Director shall be entitled to reimbursement of expenses necessarily incurred in the course of said travel in accordance with the following schedule: "W-2" Commercial Transportation -per actual invoice Hotel -room rate per actual statement for occupancy Registration -actual cost of conference or meeting registration fee Ground Transportation -as itemized Telephone Service -as itemized Meals, Gratuities and Incidentals -$20.00 per day. In those cases where the actual cost of the Director's personal meals and inci- dentals required during the course of the conference or meeting exceeds the per diem, reimbursement will be based upon actual expenditures. PASSED AND ADOPTED at a regular meeting held May 12, 1976. AGENDA ITEM #12Cn) -ALL DISTRICTS CONSTRUCTION PROGRESS REPORTS ,. APRIL 30, 1976 ENGINEERING DEPART1\1ENT D/6E~TERf BLOWER · j --1 .BIJILOl~(kJ -:. . '--) ,A l t::5-:5 /-~~,!} I I~ 9 8 r ' 5 4 3 2 I . __..;:::,.. . ,.£ r ~ .-~J f?JJ?n1L , 2 I 4 ~ 6 s 8 7 /0 9 I Z JI 14 13 1EtONDA R Y CLAR/FIERS 50 _MG.D __ ACTIVATED_SLUDGE _ PLANT CONTR A CT NO ... P_t __ ~_.16 . . ., C.ONTRACT .NO .. P1 -1.6 SO MGD ACTIVATED SLUDGE PLANT Donovan Construction Company of Minnesota, Contractor STARTING DATE: June 27' 1974 ORIGINAL CONTRACT: $29,876,ooo.oo , PAID TO DATE: $25,200,507.53 Contra.ct is ·for the construction of Activated ·· Sludge secoruf.ary treatment faciZities at Plant No. l. The nelJ f aci U ties UJi ZZ aid the Districts in meeting m:i:ndated State and Federa.Z ocean discharge requirements. When comp Zeted, the secondary treatment system flJiZZ. process the 50 mgd of wastewater floUJing through Plant No. l. The effluent wi'll then blend CONTRACT COMPLETION DATE: TIME EXTENSIONS GRANTED: PROJECTED COMPLETION DATE: Dec. 14, 1976 .· .... 30 Calendar Days Jan. 13, 1977 lllith Plant No. 2 effluent at the outfa! Z booster sta-t.ion, improving the overaZZ quality of water pwnped through the outfaZZ system into the ocean. Significant structUPes incZud.ed in the contra.at are the BZower Building, Aeration Basins, Second- aI'!J Cla.rifiers, tiJJo Digesters, Waste Sludge Thick- eners and the Power Bui Zding. . ACTIVITIES DURING THE PAST MONTH Work on Pl-16 is slow.. Blower building balcony concrete pours are complete. Supports for fuel tanks are ready to pour. Tests were witnessed in Cincinnati, Ohio by Districts' staff on return sludge pumps for this contract. 72 dusk butterfly valves (2) have been installed. Air header supports are being poured and piping installed at Aeration basin. Hot water loqp has been partially completed. Screwed piping at several locations is being complet~d. Some equipment for collection of sludge has been installed in secondary clarifiers. Some piping has been tested in the waste sludge thickeners area. Piping in Digester area is being done: sludge, hot water and gas. Vent piping and duct work is being done at several locations and high pressure air piping has been run thrpugh several tunnels. Aeration basin influent pumps have been delivered to jobsite. ~, .:r:!1 ~[I \]'{It ~LI . -; I r-- I . ~~ -~~t­i ~-:Qt{ . to 1---, I I r_. I I I CONTRACT PW~ 045 JPL-ACTS PROCESS PLANT J. Putnam Henck, A Corporation & Henck Pro, A Joint Venture, Contractor STARTING DATE: Oct. 1, 1975 ORIGINAL CONTRACT: x PAID TO DATE: x Contract is for construction of a one million gal- Um per dc4y pilot wastewater treatment plant at Wastewater Treat;ment Plant !lo. 2. The plant will use a unique Activated Carbon Treatment System (AfJrS) developed by the National Aeronautics and Space.Agency's Jet Propulsion Labora.tory. This treatment method was perfected in its e:;;perimental. stages with a mobile research unit open::::.ted by JPL personnel. at the . Districts' Wastewater Treatment Pl.ant No. l in Foimtain Val:ley during 1974-75. The system uses sludge removed from the wastewater to produce activated caxabon through a '{JYrolysis reactor. The activated caI'bon is then reintro- duced into the wastewater stream in a secorzdcay stage for additional. rem:nxzl. of pollutants. Only . . -partiaZZy used after the second s~ge,, the activa- CONTRACT COMPLETION DATE: Jan. 28, 1976 TIME EXTENSIONS GRANTED: 0 Calendar Days PROJECTED COMP LE TI ON DATE: Jan. 2 8, 19 7 6 ted carbon and secondary sludge slurry is fed into the incOming wastewater stream to increase system efficiency. The mobile experimental unit used to refine this syatem from laboratory bench experiments was batch operated with mechanical. handling of rr.a.ter·foZ from stage to stage. The pilot pl.ant w-ill be a contin- uously run, automated system. As a prime objective of the ACTS, it could solve an increasing problem of sludge disposal as this m:iterial becomes more plentiful. with improved wastelJJater treatment and increased flows. In ad- dition, the effluent from this treatment system is e:r:pected to meet the discharge requirements of the Districts' N.P.D.E.S. penr.it • ACTIVITIES DURING THE PAST MONTH Prime and sub6ontractor's work completed. Equipment debugging continues. Problems in.dryer-calciner areas. (See operation reports.) Contractor's office man and trailer to remain on job to May 20th' for final billing and cost analysis work. Districts·' engineering personnel to work with equipment suppliers to insure equipment performs as required. XThis oontroct is a design and construct contract whereby the contractor i.8 paid $50~ 000. 00 plus the actual co~ts fo1 1 a.ii labor and materials. O\S\.2. GROV~ ST. :. .... . . . .. . .· . . .. . ... . ' .. ' ·-. .. ,, '' ·· -rut ·n ~' -.. A'Jf.. ~ ' CONTRACT 2 -14-3 SANTA ANA RIVER INTERCEPTOR SEWER & SOUTH SANTA ANA RIVER INTERCEPTOR CONNECTOR., REACHES 2, 3 & 4 John A. Artukovich Sons, Inc., Contractor ST AR TI NG DATE: 0 ct . 15 , 19 7 5 ORIGINAL CONTRACT: $3, 814, 462. 00 PAID TO DATE: $454, 867. 00 Contract calls for t1zc construction of a 3.125 mite reinforced concrete pipe "trunk line sewer a- long La Palma Ave. from Grove St. to Imperial Hwy. in Anaheim. ~e first one-third of the project uses 51" diam- ete!' pipe, the balance is 48". Also included in the contract is a Zaterat con- necto:re tine to the Santa Ana River Interceptor eystem from 300' north of Santa Ana CaJZyon Rdo a- long Imperial HuJy. to La Pal.ma Ave. This 2?50' CONTRACT COMPLETION DATE: Nov. 12, 1977 TIME EXTENSIONS GRANTED: 0 Calendar Days PROJECTED COMPLETION DATE: Nov. 12, 1977 section of 33" diameter vitrified clay pipe is designed to receive flows from the South River Trunk, serving Santa Ana Canyon. ~li th the comp le- tion of the South River Trunk, the Santa Ana Can- yon pumping station can be abandoned. This section of the interceptor system is designed to handle up to 35 million gallons flow per dayo Included in this fi[JUl'e is JO MGD allowance for accepting future high brine wastewater flows from San Berna.Pdino and Riverside Counties. ACTIVITIES DURING THE PAST MONTH .Tunneling under Tustin Avenue is complete.· The contractor is now laying pipe on La Palma Avenue. Cleanup is in progress at the railroad crossing tunnel site on La Palma and from that point to Tustin Avenue. The contractor laid 726 feet of pipe during· the month. As construction proceeds east of Tustin Avenue, grade changes allow a more shallow trench. There is less traffic in this area. Both conditions should assist the contractor to proceed more rapidly in coming weeks. DIST. 2 ~ COMPLETE ............. 1'0 SE CONSTRUCTED CONTRACT No. 2 -14 -4 PROPos~o PARK StlE 'GYPSUtr1 . CANYON RD. .. PRIVATE RO. CONTRACT 2-14-4 SANTA ANA RIVER INTERCEPTOR SEWERJ REACH 5 Kasler Corporation & L. H. Woods & Sons, Inc., Contractor STARTING DATE: Oct. 15, 1975 ORIGINAL CONTRACT: $4, 240, 957. 00 PAID TO DATE: $2,968,124.00 Contract is for construction of a 5.1 mile long section of reinforced concrete pipe trunk line sewer from Imperial !fwy. along La Palma Aveo in. Anaheim, traversing the new Yorba RegionaZ Park to Jleir Canyon Rd. The right-of-way then crosses the Santa Ana River at thlo places as it traverses cowity territory through Santa Ana valley Irriga- tion Co. and. Bryant Ranch properties to Gypswn Rd. CONTRACT COMPLETION DATE: Jan. 7' 1977 TIME EXTENSIONS GRANTED: 0 Calendar Days PROJECTED COMPLETION DATE: Jan. 7' 19 7 7 Depending on design criteria, various sections of this line use 42, 45 and 51 inch diameter pipe. This section wiZ1.. hand'le flows up to 32 r.1iZ"lion gallons per do.yo Ir.duded in this figure is 30 MGD allowance for accepting future high brine wastewater flows from San Bernardino and Rivez~ide Counties. ACTIVITIES DURING THE PAST MONTH Construction ciontinues to go very well on· this job, in spite of some difficulties encountered with soil conditions. Various thicknesses .of shale and siJ:ted clay were encountered during excavation. These caused serious dewatering problems delaying the pipe laying operations. The pipe heading is now in the vicinity of Featherly Regional Park, and is expected to reach the end of the job during May. A total of 6934 feet of pipe was laid during April. The contractor is working on the upstream river crossing of two crossings he must traverse. He has diverted the river from its natur·al bed into a man-made channel and is using earthmovers to excavate a trench in the river bottom. When pipe is laid in this trench and covered over, the river will be returned to its natural path. Pipe will then be laid under the artificial channel area. ~~(,'('" V\~o\ ~YJl f,....-ckw~l-"\.:,_b DIST. 2 -II ---- CONTRACT No. 2-14-5 z 0 f./) -:r 0 t- o( {_COAL CANYON RD. GYPSUM CANYON RD. SANTA ANA CANYON RD. ~ ~ STARTING DATE: ORIGINAL CONTRACT: . PAID TO DATE: CONTRACT 2-J4-5 SANTA ANA RIVER INTERCEPTOR SEWER REACHES 6, 7 & 8 S. S. Zarubica; Contractor Nov. 27, 1975 $2,096,676.15 $'611, 0 5 4 . 7 5 CONTRACT COMPLETION DATE: TIME EXTENSIONS GRANTED: PROJECTED COMPLETION DATE: Sept . 21, · 19 7 6 O Calendar Days Sept. 21, 1976 Contract is for the construction of ~ 2. 4 mile 'long section of reinforced concrete pipe line sew- . er. The line goes through the Santa ~.r.a Canyon from where Contra.ct No. 2-14-4 ends in about the center of the Bryant Ranch property, along the route of the Santa Ana River and throWJh the northern portion of the Gl'een River Golf Course to the County Line. The Zirze terminates in a control ar.d metering structzaie designed to measure floLJa from the upper basin cozm ties. The line consists of 45, 42, and 39-inch diameter sections of pipe. The diameters c.lzar.ge in rela- tion to design requirerr.en tS. This section of the Santa Ana River Interceptor system will har.dle flows of approxir:-ateZy 32 nri'lZion gaZZons per Wd· Included in this figure is 30 /.:GD allowance for accepting future high brine ?VaStewater flows frcm San Bernardino and Riversid.e Counties. . · . • ACTIVITIES DURING THE PAST MONTH Pipe laying is complete from the river east along the golf course. Tunneling is compelted under the railroad tracks, and wrap-up on the east end of the job is underway. The metering structure is 80 percent complete, and the roof is expected to be poured on the structure this week . The cont.ractor is a.ttempting to coordinate with the Green River Golf Course management to restore the north perimeter of the course where the pipe was laid to their satisfaction and contract specificati?ns. The Edison Company has experienced an unspecified delay in ·obtaining a right-of-way easement from Bryant Ranch to provide power to our contractor on the west side of the upstream river crossing of two crossings he must tr~verse. ·Electrical power is needed for d~watering pumps before he can continue . DI ST~ ... 2 __ CONTRACT No. 2-15 "' \!) ~ 'AL STATE ~ULLERTON q: CAMPUS ~ • STARTING DATE: ORIGINAL CONTRACT: PAID TO DATE: CONTRACT No. 2-15 YORBA LINDA PUMP STATION J. Putnam Hcnck, A Corporation & Henck Pro, A Joint Venture, Contractor Sept. 26, 1975 _$ 6 71 ' 14 6 . 0 0 $680,040.07 CONTRACT COMPLETION DATE: Sept· 22, 1976 TIME EXTENSIONS GRANTED: 81 Calendar Days PROJECTED COMPLETION DATE: Dec. 10, 1976 Contract is 'for the construction of a reinforced . concrete structure to house wet wells and pwr.ps for transferring tributary UXJ.stewater through a force m::iin Zine into the Santa Ana River, Carbon CCI/llJOn Inte11 ceptor-relief Trunk Line system for conveyance to Wastewater Reclamation Plant Noo 1 in fountcrin Valley. This ?Jill assist in 11 eZieving the presently congested Newhope-PZacentia .Trunk Line and wiZZ aePVe proposed Zand use development of the tributary area to the year 2010. w1zat ?Jas 01'1.~ginaZ Zy Urziversi ty of California, Fu 1.- Zerton property at the northern perimeter of the campus. Special arrangements were ~de z.;ith the University for use of the property. The above-growui portion of the structure wi ZZ b2 a Zow profile slab 85' x 109', 2 feet above ground. The deepest portion of the structure wiZZ be 35 feet under the ground. The District has agreed to construct a slump-stone fence around the struct?aie and Zand.scape the area in accordcrace with future corrpatible use by the University. The University plans to construct an arboretum in the wunediate area a·t; some future date. -· The pump station structure is located at the in- tersection of Yorba Linda Boulevard and Associated Road in Fullerton. It is being constructed on ACTIVITIES DURING THE PAST MONTH Job is complete except for installation of three pump_ motors .. Motor stands have not yet been delivered by the motor manufacturer. One stand arrived during April, but it was the wrong size and was returned. The stands are reported to be in transit. Z-91-Z ·of'J l8\1tJ1N0() N L CONTRACT 2-16-2 YORBA LINDA FORCE MAIN, FROM ASSOCIATED ROAD TO KRAEMER BOULEVARD Vido Artukovich & Sons, Inc., Contractor STARTING DATE: ORIGINAL CONTRACT: PAID TO DATE: Jan . 2 9 , 19 7 6 , $660,287.98 $503, 551. 48 Contract is for constztuction of a 1. 4 mile set.Jer force main of 30-inch ductile iron pipe. This 'Line wi ZZ ca!TlJ se1 • .'age pwnped from the Yorba Linda Pwrp Station at Yorba Linda Boulevard and Associ- ated Road in Fullerton to a reach of the Santa Ana River Trwzk Zine system at Palm lJ!'ive and Kroemer Bouteva:rd in Placentia. CONTRACT COMPLETION DATE: July 26, 1976 TIME EXTENSIONS GRANTED: 0 Calendar Days PROJECTED COMPLETION DATE: July 26, 1976 This force rrain and the pump station are dcsi91ed to relieve the presently congested Nauhcpe-PZ~cer.­ tia Trunk Line. It wi lZ serve proposed Zand use development of the tributary area t-0 the year 2010. The force main .is designed to accept up to 15 miZ- Zion gallons per clay flows. ACTIVITIES DURING THE PAST MONTH Pipe is all in except under the freeway, a 900 foot portion of Yorba Linda Blvd. and Sapphire Road. A total of 2666 feet of pipe was laid during April. The.Yorba Linda Blvd. and Sapphire Road sections ar~ awaiting a decision on redesign caused by discovery of an 86-inch storm drain in the path of construction last month. The storm drain was shown incorrectly on the as-built plans and thus incorrectly shown on our plans. The conflict now, is who will complete the redesigned portion, and at what price. Estimates obtained by the District staff indicate the contractor wants too much money for construction in the· redesigned area. First course paving is completed on all portions of the project where pipe is in the ground ·except at the intersection of Placentia Ave. and Yorba Linda Blvd. A pit has been left open at this point for access to the pipe tunneled under Placentia.Ave~ The contractor does not wish to perform air tests on this section and grouting of the tunnel so the hole can be closed, until the entire line is in and can be air tested. ·The supervising engineer has ordered him to perform the tests and close the hole, which blocks an access drive to a gas station. The tunnel under the freeway is completed and pipe will be installed early in May. CITY OP ANAJIEIM \ uvn~-\.\ ~V-12.-~~ ""'"".,.~ ~v-~ £/NOA b Y°'::)k.~ ~~~v-\ \ ~ RANGE AVE. RCJAD CITY or ~ BUENA ~ ~ PARK ~ ~ CERRITOS AVE. CITY OF" s. P. -:t::t::t:t::t::t:=*=~~=::t~~~~::t4~t:t:=lt::a:S:::t:i:::t~~:::i::i:t::t::s:~~i:i:r CYPRESS ~. DI ST. __ 3_ SYRACUSE. --COMPLETE AVE. ~ --TO BE CONSTRUCTED ., CONTRACT No. 3-20-2 N CONTRACT No. 3-20-2 KNOTT INTERCEPTOR, PORTION OF REACH 7 A. G~ Tutor Co., Inc. and N. M. Saliba Co., A Joint Venture, Contractor STARTING DATE: ORIGINAL CONTRACT: PAID TO DATE: March 6, 1975 $3,876,870.00 $3,778,352.50 · · Contract is for installation of a Reinforced Con- crete Pipe (R.C.P.) sewer line from a point 1200 feet south of Kate iza Avei'lUe on Knott Avenue in Stanton, north on Knott Avenue to Lincoln Avenue in Anaheim, a distance of 2. 3 miles. Pipe diame- ters are ?2" for the first 3, 900 feet, 63" for 6, 900 feet and 66" for the remainiri.g 1200 feet of the project. Flows from this reach wi Z Z drain in.;. to Contract 3-20-1 to the south. This project is a portion of the Y.nott Interceptor relief system designed to relieve the presently CONTRACT COMPLETION DATE: March 6, 1976 TIME EXTENSIONS GRANTED: 0 Calendar Days PROJECTED COMPLETION DATE: March 6, 1976 congested ~filler-Holder Trunk Sewer by intercep- ting flows f1 1 om the northwest portion of District 3. The southerly terniinus of the system is at the intersection of Brookhurst Street and Ellis Avenue in Fountain VaZZey. It will eventuaZZy extend to Imperial Avenue in La Hahra. This portion of the relief system is designed to handle a fZow of 68 million gallons per day and 1'l'lU serve the proposed developed Zand use plan in the tribu ta:cy ro~ea to the year 2010. ACTIVITIES DURING THE PAST MONTH Pipelaying is complete to the intersection of Knott Ave. and Lincoln Ave. Welding of plastic liner joints in the line is underway and proceeding well. Contractor laid 5 30 feet .of pipe during April. One hundred fifty feet of pipe remain to be laid north of the intersection. Tunneling under the intersection of Knott Ave. and Lincoln Ave. was delayed during the month by flooding from a broken water line. Wate~ intrusion caused a partial collapse of the tunnel and damaged equipment, necessitating time-consuming repairs. The broken 8" water line, owned by the City of Buena Park, was pressurized but not in active use. It has been shut off. . The contractor resumed operations May 3 and is working three shifts around the clock to expedite completion of the project. The contractor has employed a new paving subcontractor to replace the previous company that went into bankruptcy last month. First course paving is now completed as far north as Del Monte St. First course paving is in at Knott Ave. and Bali Road following completion of a lateral sewer line in that intersection. :· ~~'<vc:\-,m ~,\\ ~""' \~~~ ~ ~-IV\C)~ • DIST. 3 e m:w COMPLETE -11m1--TO BE CONSTRUCTED CONTRACT No. 3-21-2 EXERCISE CRESC'.E.NT 11 ·I I I I 1: LINCOLN 1• :n. fl ca nm mm mm ... r..&M lt!!ll ... 1131 u.. t- w ld ex: J- Ul ORANG£ -:z :z '"'J' J-w lU er I- U) > 0 0 0 .~ v F:. AVE. AVE. ~ ~g SAtL Rn . . J-C-~-~--~---_?N~C-~-~E-~.~-------·.·. ---J-r:_µ.~.:-.'.'/E.L _J f\:11 RA __j_I _M_A~R~1o_N ____ ~ll AVE. _ __.° C£RR.ITOS [ Avr.. TRACK""'----lr-~1 STABLE$ ~ '61 ~ \ .... ' ---' ---I 5.P.R.P.. _ lJU:IUll:~llll Iii Iii 111111ii11Ii1111111 ll~t 11 ARROWHEAD I I MFG. co. I' ____ -:J !<A.TELL.A AVf'.. CONTRACT 3-21-2 WESTSIDE RELIEF INTERCEPTOR PORTION OF REACH 2 7 AND REACHES 28 AND 29 B & P Construction Company, Contractor STARTING DATE: Apr. 29, 1976 ORIGINAL CONTRACT: $1,177,745.00 PAID .TO DATE: $00. ·oo Contract is for construction of a 2. '15 mile sec- tion of vitrified clay pipe tru.nk line sewer through the City of CzJpress from Y..ateUa Avenue in Los Alamitos to Crescent Avenue in Ia Palma. De- pending on d2sign critieria, the pipe line is in various sizes from 15" to 30" in diameter. This section of line will complete the rraster- planned Ilestside Re lief Interceptor selJer that be- gins at the Seal Beach BZvd. Pwnping Station at CONTRACT COMPLETION DATE: TIME EXTENSIONS GRANTED: PROJECTED COMPLETION DATE: Dec. 24, 1976 0 Calendar Days De c . 2 4 , 19 7 6 Seal Beach Blvd. and Westminster Ave. This sustem is designed to re Ueve the Los A Zami tos Su}-i t~nk, which at present functions as the rrain setJer for the wes tside basin. For the most pm.1 t:., this Zine is currently flowing at or near peak capacivd• This section is designed to handle flows up to 6.32 million gallons per day and will serve pro- posed land use pl.ans in the tributary to the year 2010. . ACTIVITIES DURING THE PAST MONTH Con~ractor will begin work in mid-May. A major change was made from the construction schedule indicated in the job specifications. At a preconstruction conference with utilities and representatives of businesses that would be affected by the project, it was discovered the published schedule would i~terfere'with race track traffic along Cerritps Blvd., and with activities at the track's exercise ring. Additionally, interference with employee access to the Arrowhead Manufacturing Co. during a busy period would be conside·rably lessened by postponing construction through their property until later in the year. A decision was made to construct the portion of the job from Cerritos Blvd. north~ then return around September and start at Katella Ave. to construct from the project beginning point to the tie-in at Cerritos Blvd. ~ u"""'.Q. 'f oU.S l cu s: '<.. \().+-a. v"~ I~ '<'.uk: ~~Ii AP f./\ AN \"' K\s. G.\f"~ DIST. 7 -COMPLETE ------TO BE CONSTRUCTED CONTRACT NO. 7-6 -8 .. CONTRACT 7-6-8 TUSTIN-ORANGE TRUNK SEWER, PORTION OF REACH 12 1 REACH 131 AND PORTION OF REACH 14 Steve Bubalo Construction Company, Contractor STARTING DATE: Jan. 29, 1976 ORIGINAL CONTRACT: $512,892.00 PAID TO DATE: $4.11, 913. 00 Contract is for constructing a 1. 78 mile section of trunk Zir.e sewer of 21 and 27 inch diarr.eter vitrified clay pipe (VCP) in the Lenvn Heights area of Orange. The line begins in the vicinity of Fairhaven Ave- nue and Esp la:rzade Street, goes north on Esplanade Street to Spring Street and east on Spring Street to Santiago BouZevc.rd. CONTRACT COMP LET I ON DATE: July 26, 19 7 6 TIME EXTENSIONS GRANTED: 0 Calendar Days PROJECTED COMPLETION DATE: July 26, 1976 \ This project is the firzal portion of the master- planned Tustin-Orange Trunk Li"le ReUef System • The system provides droinage for the cer.trd and northern portion::; of Dist!'ict No. 7. This section is designed to r.andle flows up to 6.72 million gallons per day ar.d viZZ serve pro- posed Zand use development of the tributary area to the year 2010. ACTIVITIES DURING THE PAST MONTH Construction progress on this job has gone very well. The contractor completed the tunnel under Chapman Ave. during the month, and laid pipe north to Spring St. and east on Spring St. to Hewes St. Total pipe laid during April was 4657 feet .. As of the first week in May, less than 1500 feet of pipe remain to be laid on the job. Completion of the entire project is expected by the e~d.of the month. Numerous house laterals were discovered interferring with the trunk line path on Spring St. The contractor is remodeling these lines and extending them to connect to city lines. ,• SUMr\~ARY TREATMENT PLANT WORK Total Value Under Contract Total Work to Date Total Work During April DISTRICT TRUNK LINE WORK Total Value Under Contract Total Work to Date Total Work During April TOTAL AMOUNT UNDER CONTRACT $30,322,965 25,205,758 , 317,743 $17,369,814 9,441,009 4,582,052 $30,322,965 $17,369,814 $47,692,779 -~ COUNTY SANITATION DISTRICTS NOS. 1, 2, 3, 5, 6, 7, 8, AND 11 OF ORANGE COUNTY, CALIPORNIA DISTRICT NO. 1 Directors present: Directors absent: DISTRICT NO. 2 Directors present: Directors absent: DISTRICT NO. 3 Directors present: Directors absent: DISTRICT NO. 5 Directors present: Directors absent: DISTRICT NO. 6 Directors present: Directors absent: DISTRICT NO. 7 Directors present: Directors absent: DISTRICT NO. 8 Directors present: Directors absent: MINUTES OF TIIE REGULAR MEETING April 14, 1976 -7:30 p.m. 10844 Ellis Avenue Fountain Valley, Califorrii~ ROLL CALL Kcrm Rima (Chairman), Robert Battin, John Garthe, and James Sharp None Michael Callahan (Chairman), Ralph Clark, Vernon Evans, Donald Fox, Miriam Kaywood, Bob Perry, George Scott, Don Smith, Henry Wedaa, Donald Winn, Frances Wood, and Robin Young • None Phillip Cox (Chairman), Carol Weddle, Norman Culver, Vernon Evans, Henry Frese, Miriam Kaywood, Alice MacLain, Thomas McKnew, Richard Olson, Laurence Schmit, Donald Shipley, Charles Stevens, Bernie Svalstad, Frances Wood, and Martha Weishaupt Stanley Meyer Don Mcinnis (Chairman) and Robert Battin Howard Rogers Kerm Rima (Chairman pro tern), Don Mcinnis, and Robert Battin None John Garthe (Chairman), Ralph Clark, Milan Dostal, Francis Glockner, Donald Saltarelli, John Burton, and Don Smith None llarold Edwards (Chairman) and Thomas Riley Roy Holm 4/14/76 DISTRICT NO. 11 Directors present: Directors absent: STAFF MEMBERS PRESENT: OTHERS PRESENT: Laurence Schmit (Chairman), Henry Duke, and Norma Gibbs None Fred A. Harper, General Manager, J. Wayne Sylvester, Secretary, Ray Lewis, Rita Brown, and Ted Francis Thomas L. Woodruff, General Counsel, Harvey Hunt, Milo Keith, Gail Lynch, Don Martinson, Donald Stevens, Ted Stevens, and Alan Burns A regular meeting of the Boards of Directors of County Sanitation Districts Nos. 1, 2, 3, 5, 6, 7, 8 and 11 of Orange County, California, was held at 7:30 p.m. Following the Pledge of Allegiance and invocation, the roll was called ahd the Secretary reported a quorum present for each District's Board. DISTRICT 6 Appointment of Chairman pro tern DISTRICTS 2, 3 & 7 Excerpts re Board Appointment * * * * * * * * * * * Moved, seconded, and duly carried: TI1at Director Rima be appointed Chairman pro tern in the absence of Chairman Store. Moved, seconded, and duly carried: That the minute excerpts from the Cities of Brea, Buena Park, Fullerton, Irvine, La Habra, La Palma and Yorba Linda, be received and ordered filed; and that the following representatives be seated as members of the Boards: City District Active Alternate Brea 2 Donald L. Fox Carol D. Weddle 3 Sam Cooper Carol D. Weddle Buena Park 3 Stanley P. Meyer Jesse M. Davis Fullerton 2 Frances Wood Robert E. Ward 3 Robert E. Ward Frances Wood Irvine 7 John H. Burton David G. Sills La Habra 2 Robin Young Beth Graham 3 Charles Stevens, Jr. Robin Young La Palma 3 Henry Frese Alan Priest Yorba Lind2. 2 Henry w. Wed a a Anton M. Groot DISTRICT 1 Moved, seconded, and duly carried: ~rovnl of minutes 'I11at the minutes of the regular meeting held ~larch 10, 1976 be approved as corrected. -2- 4/14/76 DISTRICT 2 Moved, seconded, and duly carried: Approval of minutes That the minutes of the regular meeting held March 10, 1976 be approved as corrected. DISTRICT 3 Moved, seconded, and duly carried: Approval of minutes That the minutes of the regular meeting held March 10, 1976 be approved as corrected. DISTRICT S Moved, seconded, and duly carried: Approval of minutes That the minutes of the regular meeting held March 10, 1976 be approved as corrected. DISTRICT 6 Moved, seconded, and duly carried: Approval of minutes That the minutes of the regular meeting held March 10, 1976 be approved as corrected. DISTRICT 7 Moved, seconded, and duly carried: Approval of minutes That the minutes of the regular meeting held March 10, 1976 be approved as corrected. DISTRICT 8 Moved, seconded, and duly carried: Approval of minutes That the minutes of the regular meeting held January 14, 1976 be approved as corrected. DISTRICT 11 Moved, seconded, and duly carried: Approval of minutes That the minutes of the regular meeting held March 10, 1976 be approved as corrected. ALL DISTRICTS Report of the Joint ChaiTman County to view our JPL-ACTS The Joint Chairman reported that he and staff members had met with key Environ- mental Protection Agency officials from Washington D. C. , who were in Orange process facilities. Chairman Winn also reported that the State Water Resources Control Board has requested that the Districts consider proceeding with design of an additional increment (SO MGD) of secondary treatment at Plant No. 2 if our financial position will allow such an acceleration of facilities construction. Following an announcement that an orientation session would be conducted for new Directors in the near future, the Chairman advised that Executive Committee members would be polled regarding a mutually convenient date for the next committee meeting (tentative May 4). -3- 4/16/76 ALL DISTRICTS TI1C General Manager reported further on Report of the the meeting with Environmental Protection ~ General Manager Agency (EPA) officials regarding the JPL- AClS process. EPA officials are enthu- siastic about the project and were impressed with our ability to expe<lite construction of the facility. Their staff members and auditors will be reviewing the procedures followed by the Districts in order that they may develop national policies in this regard. Mr. Harper also reported on his attendance at the Association of Metropoli- tan Sewerage Agencies' conference on sludge disposal conducted in Houston earlier in the week. In attendance were Congressional representatives and officials of federal regulatory bodies and local sewerage agencies. Needless to say, there is no unanimity of opinion with regard to the best disposal method. ALL DISTRICTS Report of the General Counsel regulations governing relocation ALL DISTRICTS Ratification of payment of Joint Operating and Capital Outlay Revolving Fund claims The General Counsel briefly reported on consent calendar items relative to amend- ments to the procedures for collection of delinquent obligations, and the assistance and real property acquisitions. Following a brief discussion relative to the change in procedures for warrant processing and approval, it was moved, seconded, and duly carried: That payment of the Districts' Joint Operating and Capital Outlay Revolving Fund claims on March 30, 1976, be ratified in the following total amounts: Joint Operating Capital Outlay Revolving $73,759.22 24' 355. 72 $98,114.94 in accordance with said claims listed on Pages "A-1" through "A-3", attached hereto and made a part of these minutes. DISTRICT 2 Moved, seconded, and duly carried: Ratification of payment of claims That payment of the District's Accwnulated Capital Outlay Fund claims on March 30, 1976, be ratified in the amount of $2,132.00, in accordance with said claims listed on Page "B-1", attached hereto and made a part of these minutes. DISTRICT 3 Moved, seconded, and duly carried: Ratification of payment of claims ·nrnt payment of the District's Accumulated Capital Outlay rund claims on March 30, 1976, be ratified in the amount of $2,500.76, in accordance with said claims listed on Page "B-1", attached hereto and made a part of these minutes. -4- 4/14/76 DISTRICT 5 Moved, seconded, and duly carried: Ratification of payment of claims That payment of the District's Operating Fund claims on March 30, 1976, be ratified in the amount of $69.33, in accordance with said claims listed on Page "B-1", attached hereto and made a part of these minutes. DISTRICT 7 Moved, seconded, and duly carried: Ratification of payment of claims That payment of the District's Operating Fund, Accumulated Capital Outlay Fund, Fixed Obligation Fund, and Facilities Revolving Fund claims on March 30, 1976, be ratified in the following total amounts: Operating Fund Accumulated Capital Outlay Fund Fixed Obligation Fund Facilities Revolving Fund $ 330.00 167.00 10,000.00 102.56 $10,599.56 in accordance with said claims listed on Page "B-2", attached hereto and made a part of these minutes. ALL DISTRICTS Awarding sale of obsolete NCR accounting equipment be authorized as follows: NCR-400 Accounting Machine NCR-3300 Accounting Machine ALL DISTRICTS Authorizing staff to advertise for purchase of three new engines, re Specification No. E-079 No. 2 (Specification No. E-079). ALL DISTRICTS Authorizing staff to negotiate for purchase of two used engines re Specification No. E-079; and authorizing General Manager to award purchase order contract Moved, seconded, and duly carried: That sale of obsolete NCR accounting equipment to Turner Data Systems, Inc. $125.00 25.00 Moved, seconded, and duly carried; That the staff be authorized to advertise for purchase of three new 650 horsepower, dual fuel, gas engines for rehabilitation of Rothrock Outfall Pumping Station, Plant Moved, seconded, and duly carried; That the staff be authorized to negotiate with P & S Repair Service, Ft~ Worth, Texas, for purchase of two used engines for Rehabilitation of Rothrock Outfall Pumping Station conforming to Specifi- cation No. E-079 (in lieu of purchasing two new engines); and, FURTHER MOVED: That the General Manager be authorized to award a purchase order contract for said engines in a total amount not to exceed $56~000 each plus tax and freight. -5- 4/14/76 ALL DISTRICTS Authorizing execution of agreement with SCEC to transfer Districts' interest in power lines and estab- lishing conditions therefor Moved, seconded, and duly carried: That the Boards of Directors adopt Resolution No~ 76-54, approving and authorizing execution of agreement to transfer the Districts' interest in 12 KV 3-Phasc Power Linc between Plants Nos. 1 and 2 to the Southern California Edison Company, for consideration of $11,500, and the condition that Southern California Edison Company provide emergency and standby capabilities to the Districts. Certified copy of this resolution is attached hereto and made a part of these minutes. ALL DISTRICTS Granting a one-half step increase to Associate Engineer Moved, seconded, and duly carried: That a one-half step increase be granted to Districts' Associate Engineer, Nick DiBenedetto, from Range 598, Step 3 ($1583/mo.) to Step 3.5 ($1627/mo.) in recognition of achieving his pro- fessional engineer's registration. ALL DISTRICTS Approving Change Order No. 6 to the plans and specifications for Job No. Pl-16 Moved, seconded, and duiy carried: That Change Order No. 6 to the plans and specifications for 46 MGD Activated Sludge Treatment at Reclamation Plant No. 1, Job No. Pl-16, authorizing a deduction of $30,000 from the contract with Donovan Construction Company due to a change from ebullient cooling system to jacket water cooling, be approved. Copy of this change order is attached hereto and made a part of these minutes. ALL DISTRICTS ~oving Change Order No. 1 to the plans and specifications for Job No. PW-046 Moved, seconded, and duly carried: That Change Order No. 1 to the plans and specifications for Demolition of Meter Vaults and Shop at Reclamation Plant No. 1, Job No. PW-046, granting a time extension of 37 calendar days to the contract with E & G Contractors, Inc. for delays in obtaining backfill material, be approved. Copy of this change order is attached hereto and made a part of these minutes. ALL DISTRICTS Moved, seconded, and duly carried: Accepting Job. No. PW-046 as complete That the Boards of Directors adopt Resolution No. 76-55, accepting Demoli- tion of Meter Vaults and Shop at Reclamation Plant No. 1, Job No. PW-046, as complete; authorizing execution of a Notice of Completion; and approv- ing Final Closeout Agreement. Certified copy of this resolution is attached hereto and made a part of these minutes. ALL DISTRICTS Approving Addenda Nos. l and 2 to the plans and specifica- tions for Job No. P2-8-8 Moved, seconded, and duly carried: That Addenda Nos. 1 and 2 to the plans nnd specifications for Brookhurs t St rcct Improvements in the City of Huntington Beach, Job the office No. P2-8-8, be approved. Copies of the addenda are on file in of the Secretary of the Districts. -6- 4/14/76 ALL DISTRICTS Moved, seconded, and duly carried: Awarding contract for Job No. P2-8-8 That the Boards of Directors adopt Resolution No. 76-56, to receive and file bid tabulation and recommendation, and awarding contract for Brookhurst Street Improvements in the City of Huntington Beach, Job No. P2-8-8, to Fleming Construction, in the amount of $141,441.10. Certified copy of this resolution is attached hereto and made a part of these minutes. ALL DISTRICTS Amending procedures for the collection of delinquent obligations Moved, second~d, and duly carried: That the Boards of Directors adopt Resolution No. 76-57, amending procedures for the collection of delinquent obli- gations owing to the Districts and repealing Resolution No. 75-145. Certified copy of this resolution is attached hereto and made a part of these minutes. ALL DISTRICTS Amending regulations governing relocation assistance and real property acquisitions Moved, seconded, and duly carried: That the Boards of Directors adopt Resolution No. 76-58, amending regula- tions governing relocation assistance and r~al property Certified copy of these minutes. acquisitions, as recommended by the General Counsel. this resolution is attached hereto and made a part of ALL DISTRICTS Receive and file written report of the Executive Conunittee ALL DISTRICTS Authorizing execution of ~reement \vi th SCAG re "208" Areawide Planning Moved, seconded, and duly carried: That the written report of the Executive Conunittee, dated April 7, 1976, be received and ordered filed. The General Manager reported on develop- ments relative to the State Water Resources Control Board's conditional designation of Southern California Association of Governments (SCAG) as the "208" Planning Agency for the South Coast Area, which includes Ventura, Los Angeles, Orange, ~iverside and San Bernadina counties. Considerable concern has been expressed by the local agencies which would participate in the "208" planning over SCAG's response to the conditions set forth by the State Board. Representatives of agencies in the four affected counties have been meeting in this regard and have developed a revised organizational chart relative to the proposed "208" planning process which would provide required input and direction from local agencies. Following further discussion, it was moved, seconded, and duly carried: Tliat the Boards of Directors adopt Resolution No. 76-59, authorizing execution of an agreement, in form approved by the General Counsel, with the Southern California Association of Governments to participate in "208" Areawide Planning for the South Coast Arca, subject to conditions speci- fied by the Boards. Certified copy of this resolution is attached hereto and made a part of these minutes. -7- 4/14/76 ALL DISTRICTS Approving Amendment No. 1 to Agreement for Employment of General Counsel Moved, seconded, and duly carried: That Amendment No. 1 to Agreement for Employment of General Counsel, dated May 1, 1975, providing for an extension of said agreement for an indefinite term beginning May 1, 1976, subject to 30-day cancellation by either party, be approved; and, FURTHER MOVED: That the Chairman and Secretary of District No. 1 be authorized to execute said amendment. ALL DISTRICTS Declaring intent to assist the Air Resources Board re air Following a brief staff report, it was moved, seconded, and duly carried: quality maintenance plan That. the Boards of Directors adopt Resolution No. 76-60, declaring intent to assist the Air Resources Board re development and implementation of an air quality maintenance plan covering the South Coast Air Basin. Certified copy of this resolution is attached hereto and made a part of these minutes. ALL DISTRICTS Report and recommendation of the Building Committee re Administrative and Engineering Facility Study Director Culver, Chairman of the Building Committee, reported on activities of his committee and requested the Districts' Chief Engineer to review the report on administrative and engineering facilities study. After the discussion which followed, it was moved, seconded, and duly carried: That the Building Committee's Administrative and Engineering Facilities Study be ~eceived and ordered filed, and that the staff be authorized to proceed with implementation of recommendations contained in said study, as recommended by the Committee. ALL DISTRICTS At 8: 45 p. m. , the Boards convened in Convene in executive executive session to consider recommen- session dation of Selection Committee re Employ- ment of Engineer for Design of 75 MGD Activated Sludge Treatment Facilities at Plant No. 2. ALL DISTRICTS Reconvene in executive session ALL DISTRICTS Authorizing negotiation and award of engineering contract for 75 MGD Activated Sludge Treatment Facilities at Treatment Plant No. 2 At 9:37 p.m., the Boards reconvened in regular session. Moved, seconded, and duly carried: That the Boards of Directors adopt Resolution No. 76-63, authorizing the Selection Committee to negotiate with John Carollo Engineers/Greeley and Hansen for design of 75 MGD Activated Sludge Treatment F~Jcilities at Plant No. 2, in accordance with established District procedures; and authorizing District No. 1 to award contract for said work. Certified copy of this resolution is attached hereto and made a part of these minutes. -8- 4/14/76 The Committee was requested to consider incorporating incentive prov1s1ons into the contract which might save the Districts money in design or construction costs. Director Olson requested that his vote in opposition to the action be made a matter of record. ALL DISTRICTS Declaring intent to depool from the PERS State funding pool and provide one year's compensation for retirement benefits Moved, seconded, and duly carried: That the Boards of Directors adopt Resolution No. 76-62, declaring intent to approve an amendment to contract between the Board of Administration of the Public Employees Retirement System and District No. 1 to depool from the State funding pool and providing one-year final compensation basis for retirement benefits, preliminary to transferring from PERS to County Retirement System. Certified copy of this resolution is attached hereto and made a part of these minutes. ALL DISTRICTS Deferring staff progress report on JPL-ACTS Pilot Plant facility ALL DISTRICTS Receive and file letter from Jet Propulsion Laboratory, re JPL-ACTS process Moved, seconded, and duly carried: That the staff progress report on JPL- ACTS Pilot Plant facility be deferred to the regular meeting on May 12, 1976. Moved, seconded, and duly carried: That the letter from Jet Propulsion Laboratory, dated March 4, 1976, request- ing amendment to contract with NASA re JPL-ACTS process, be received and ordered filed. ALL DISTRICTS · Following a brief staff report, it was moved, seconded, and duly carried: Authorizing amendment to the contract with NASA re JPL-ACTS process That the Boards of Directors adopt Resolution No. 76-61, authorizing amend- ment to the contract with the National Aeronautics and Space Administra- tion re JPL-ACTS process, increasing the maximum amount for services from $280,000 to $333,726 to provide for startup and operational phase. Certi- fied copy of this resolution is attached hereto and made a part of these minutes. DISTRICT 1 Moved, seconded, and duly carried: Establishing Class I Penni t Fee That the Board of Directors adopt Resolution No. 76-64-1, establishing $50 Class I Permit Fee effective July 1, 1976, as provided in Section 302.S of the District's Ordinance Establishing Regulations for Use of District Sewerage Facilities. Certified copy of this resolution is attached hereto and made a part of these minutes. -9- 4/14/76 DISTRICT 2 Moved, s~conded, and duly carried: Establishing Class I Permit Fee That the Board of Directors adopt Resolution No. 76-65-2, establishing $50 Class I Permit Fee effective July 1, 1976, ·as provided in Section 302.5 of the District's Ordinance Establishing Regulations for Use of District Sewerage Facilities. Certified copy of this resolution is attached hereto and made a part of these minutes. DISTRICT 3 Moved, seconded, and duly carried: Establishing Class I Permit Fee That the Board of Directors adopt Resolution No. 76-66-3, establishing $50 Class I Permit Fee effective July 1, 1976, as provided in Section 302.5 of the District's Ordinance Establishing Regulations for Use of District Sewerage Facilities. Certified copy of this resolution is attached hereto and made a part of these minutes. DISTRICT 5 Moved, seconded, and duly carried: Establishing Class I Permit Fee That the Board of Directors adopt Resolution No. 76-67-5, establishing $50 Class I Permit Fee effective July 1, 1976, as provided in Section 302.5 of the District's Ordinance Establishing Regulations for Use of District Sewerage Facilities. Certified copy of this resolution is attached hereto and made a part of these minutes. DISTRICT 6 Moved, seconded, and duly carried: Establishing Class I Permit Fee That the Board of Directors adopt Resolution No. 76-68-6, establishing $50 Class I Permit Fee effective July 1, 1976, as provided in Section 302.5 of .the District's Ordinance Establishing Regulations for Use of District Sewerage Facilities. Certified copy of this resolution is attached hereto and made a part of these minutes. DISTRICT 7 Moved, seconded, and duly carried: Establishing Class I Permit Fee That the Board of Directors adopt Resolution No. 76-69-7, establishing $50 Class I Permit Fee effective July 1, ·1976, as provided in Section 302.5 of the District's Ordinance Establishing Regulations for Use of District Sewerage Facilities. Certified copy of this resolution is attached hereto and made a part of t~cse minutes. DISTRICT 11 Moved, seconded, and duly carried: Establishing Class I Permit Fee TI1at the Board of Directors adopt Resolution No. 76-70-11, establishing $50 Class I Permit Fee effective July 1, 1976, as provided in Section 302.5 of the District's Ordinance Establishing Regulations for Use of District Sewerage Facilities. Certified copy of this resolution is att3ched hereto and made a part of these minutes. -10- ALL DISTRICTS Authorizing General Manager to enter into an agreement with Orange County Vector Control District, re production of mosquitofish on District property 4/14/76 Moved, seconded, and duly carried: That the letter from Orange County Vector Control District, dated March 31, 1976, requesting siie at Reclamation Plant No. 1 for pilot production of mosquitofish, be received and ordered filed; and, FURTIIER MOVED: That the General Manager be authorized to enter into an agreement, in form approved by the General Counsel, with Orange County Vector Control District providing a site for production of mosquitofish on District property for a period of up to three and one-half years, provided, however, that Vector Control District vacate the site if the property is required by the Sanitation Districts. ALL DISTRICTS Granting emergency authority for the General Manager to negotiate substitute HMO prepaid medical insurance plan event Security Health Plan is DISTRICT 1 Authorizing staff to solicit engineering proposals for preparation of right-of-way document maps and records DISTRICT 1 Authorizing staff to negotiate an engineering fee re Raitt Street Trunk Sewer Trunk Sewer. DISTRICT 1 Adjournment Moved, seconded, and duly carried: That the General Manager be granted emergency authority to negotiate an agreement with a substitute provider for ~~10 prepaid medical insurance plan in the unable to deliver services of their plan. Moved, seconded, and duly carried: That the staff be authorized to solicit engineering proposals for preparation of right-of-way document maps and records for the District's trunk sewer facilities. Moved, seconded, and duly carried: That the staff be authorized to negotiate an engineering fee with Boyle Engineering Corporation for design of Raitt Street Moved, seconded, and duly carried: That this meeting of the Board of Directors of County Sanitation District No. 1 be adjourned to 5:00 p.m., April 21, 1976. The Chairman then declared the meeting so adjourned at 9:45 p.m., April 14, 1976. DISTRICT 5 Approving revised First Amended Joint Exercise of Powers Agree- ment Creating NIWA Moved, seconded, and duly carried: That the Board of Directors adopt Resolution No. 76-78-5, approving and authorizing execution of revised First Amended Joint Exercise of Powers Agreement Creating Newport-Irvine Waste- Mnnagement Planning Agency (NIWA). Certified copy of this resolution is attached hereto and m:.ide a part of these minutes. -11- 4/14/76 DISTRICT 5 Adjournment Moved, seconded, and duly carried: That this meeting of the Board of Directors of County Sanitation District No. 5 be adjourned. The Chairman then declared the meeting so adjourned at 9:45 p.m., April 14, 1976. DISTRICT 6 Authorizing staff to solicit engineering proposals for preparation of right-of-way document maps and records DISTRICT 6 Adjournment Moved, seconded, and duly carried: That the staff be authorized to solicit engineering proposals for preparation of right-of-way document maps and records for the District's trunk sewer facilities. Moved, seconded, and duly carried: Thaf this meeting of the Board of Directors of County Sanitation District No. 6 be adjourned. The Chairman then declared the meeting so adjourned at 9:45 p.m., April 14, 1976. DISTRICT 8 Adjournment Moved, seconded, and duly carried: That this meeting of the Board of Directors of County Sanitation District No. 8 be adjourned. The Chairman then declared the meeting so adjourned at 9:45 p.m., April 14, 1976. DISTRICT 11 Adjournment Moved, seconded, and duly carried: That this meeting of the Board of Directors of County Sanitation District No. 11 be adjourned. The Chairman then declared the meeting so adjourned at 9:45 p.m., April 14, 1976. DISTRICT 3 Approving Change Order No. 2 to the plans and specifications for Contract No. 3-21-1 Moved, seconded, and duly carried: 11rnt Change Order No. 2 to the plans and specifications for Westside Relief Inter- ceptor, Reaches 25, 26 & Portion of 27, Contract No. 3-21-2, authorizing an addition of $18,336.81 to the contract with A. G. Tutor Co., Inc. & N. M. Saliba Company, be approved for addi- tional work to install new techite force main and for traffic control measures requested by the Cities of Los Alamitos and Seal Beach, and granting a time extension of 69 calendar days to accomplish said work. Copy of this change order is attached hereto and made a part of these minutes. DISTRICT 3 Appr6ving Change Order No. 3 to the plans Rnd specifications for Contract No. 3-21-1 Moved, seconded, and duly carried: TI1at Change Order No. 3 to the plans and specifications for Westside Relief Inter- ceptor, Reaches 25, 26 & Portion of 27, Contract No. 3-21-1, authorizing an adjustme11t of engineer's quantities for a total deduction of $7,000.00 from the contract with A. G. Tutor Co., Inc. f, N. M. Saliba Company, be approved. Copy of this change order is attached hereto and mnde a p:i.rt of these minutes. -12- 4/14/76 DISTRICT 3 Moved, seconded, and duly carried: Accepting Contract No. 3-21-1 as complete 1bat the Boards of Directors adopt Resolution No. 76-74-3, accepting West- side Relief Interceptor, Reaches 25, 26 & 27, Contract No. 3-21-1, as complete; authorizing execution of a Notice of Completion; and approving Final Closeout Agreement. Certified copy of this resolution is attached hereto and made a part of these minutes. DISTRICT 3 Authorizing acceptance of Grant of Easement from John L. Molinaro, et al., re Contract No. 3-9 Moved, seconded, and duly carried: That the Board of Directors adopt Resolution No. 76-75-3, authorizing acceptance of Grant of Easement from John L. Molinaro, et al. for a permanent easement in connection with construction of the Magnolia Relief Sewer, Contract No. 3-9, at no cost to the District. Certified copy of this resolution is attached hereto and made a part of these minutes. DISTRICT 3 Awarding contract for Westside Relief Interceptor, Portion of Reach 27 and Reaches 28 & 29, Contract No. 3-21-2 Moved, seconded, and duly carried: That the Board of Directors adopt Resolution No. 76-76-3, to receive and file bid tabulation and recommendation, and awarding contract for Westside Relief Interceptor, Portion of Reach 27 and Reaches 28 & 29, Contract No. 3-21-2, to B & P Construction Company, in the amount of $1,177,745.00. Certified copy of this resolution is attached hereto and made a part of these minutes. DISTRICT 3 Authorizing General Manager to award contract for Manhole Replacement, Los Alamitos Sub- Trunk, Contract No. 3-SR-1 Moved, seconded, and duly carried: That the Board of Directors adopt Resolution No. 76-77-3, authorizing the General Manager to award and execute a contract in form approved by the General Counsel for Manhole Replacement, Los Alamitos Sub-Trunk, Contract No. 3-8R-1, to the lowest responsible bidder in an amount not to exceed $15,000.00. Certified copy of this resolution is attached hereto and made a part of these minutes. DISTRICT 3 Adjournment Moved, seconded, and duly carried: That this meeting of the Board of Directors of County Sanitation District No. 3 be adjourned. The Chairman then declared the meeting so adjourned at 9:47 p.m., April 14, 1976. DISTRICT 7 Authorizing acceptance of Grant of Easement from Julia Ann Hyde, re offsitc sewer Moved, seconded, and duly carried: That the Board of Directors adopt Resolution No. 76-69-7, authorizing acceptance of Grant of Easement from Julia Ann Hyde, for a permanent easement for offsite sewer service in connection with the sewer line in Circula Panorama in the Cowan Heights area, at no cost to the District. -13- 4/14/76 DISTRICT 7 Receive and file request from The Warmington Company for annexation of territory to the District, anc.l refer to staff Canyon Road, be received, and recommendation. DISTRICT 7 Approving Addendum No. 1 to the plans and specifications for Contract No. 7-6-9 Moved, seconded, and duly carried: That the request from The Warmington Company for annexation of approximately 22 acres of territory to the District in the vicinity of Chapman Avenue and the proposed extension of Crawford ordered filed and referred to staff for study Moved, seconded, and duly carried: That Addendum No. 1 to the plans and specifications for Tustin-Orange Trunk Sewer, Portion of Reach 14 and Reaches 15 and 16 (From Spring Street to Linda Vista Street), Contract No. 7-6-9, be approved. J\ copy of the addendum is on file in the office of the Secretary of the Districts. DISTRICT 7 Moved, seconded, and duly carried: Awarding Contract No. 7-6-9 That the Board of Directors adopt Standard Resolution No. 76-80-7, to receive and file bid tabulation and recommendation, and awarding contract for Tustin-Orange Trunk Sewer, Portion of Reach 14 and Reaches 15 & 16 (From Spring Street to Linda Vista Street), Contract No. 7-6-9, to Sully- Miller Contracting Company, in the amount of $295,826.40. Certified copy of this resolution is attached hereto and made a part of these minutes. DISTRICT 7 Moved, seconded, and duly carried: Establishing new policy re Directors' Compensation That the Board of Directors adopt Resolution No. 76-81-7, establishing compensation and expense reimbursement policies for its Directors, and repealing Resolutions Nos. 73-53-7 and 76-52-7. DISTRICT 7 Adjournment Moved, seconded, and duly carried: That this meeting of the Board of Directors of County Sanitation District No. 7 be adjourned. The Chairman then declared the meeting so adjourned at 9:48 p.m., April 14, 1976. DISTRICT 2 Receive and file letter from City of Vi11a Park, re a1mex- ation of Tract No. 7350 and ordered filed. DISTRICT 2 Receive and file staff report re annexation of Tract No. 7350 Moved, seconded, and duly carried: That the letter from the City of Villa Park, dated March 30, 1976, relative to annexation of Tract No. 7350, be received Moved, seconded, and duly carried: That the staff report, dated April 7, 1976, regarding annexation of Tract No. 7350 within the City of Villa Park to County Sanitation District No. 2, be received and ordered filed. -14- : 4/14/76 DISTRICT 2 Moved, seconded, and duly carried: Waiving connection fees for Tract No. 7350 That the Board of Directors adopt Resolution No. 76-71-2, declaring special exception for Tract No. 7350 an<l waiving connection fees therefor. Certified copy of this resolution is attached hereto and made a part of these minutes. DISTRICT 2 Authorizing initiation of proceedings re Annexation No. 13 Moved, seconded, and duly carried: That the Board of Directors adopt Resolution No. 76-72-2, authorizing initiation of proceedings to annex approximately 10.868 acres to the District in the vicinity of Santiago Boulevard and Patrician Drive (Proposed Annexation No. 13 -Tract No. 7350 to County Sanitation District No. 2), and setting fees therefor in the amount of $214.00 per acre. Certified copy of this resolution is attached hereto and made a part of these minutes. DISTRICT 2 Declaring intent to levy sewer service charge against developed properties in Tract No. 7350 if not annexed erties in Tract No. 7350 if is not completed. DISTRICT 2 Adjournment Moved, seconded, and duly carried: That the Board of Directors hereby declares its intent to levy sewer service charge in the amount of $10 per unit per month against developed prop- proposed Annexation No. 13 -Tract No. 7350 Moved, seconded, and duly carried: That this meeting of the Board of Directors of County Sanitation District No. 2 be adjourned. The Chairman then declared the meeting so adjourned at 9:48 p.m., April 14, 1976. -1.5- of Directors, Districts Nos. and 11 -WARRANT NO. -.168 29169 29170 29171 29172 29173 ·29174 29175 ,29176 29177 29178 29179 29180 29181 29182 29183 29184 29185 29186 29187 29188 29189 29190 29191 29192 29193 29194 29195 29196 29197 29198 29199 29200 29201 29202 29203 29204 29205 29206 29207 29208 ,29209 . 29210 29211 . ·29212 29213 29214 29215 ~9216 .._,9217 29218 29219 29220 29221 JOINT DISTRICTS CLAIMS PAID MARCH 30, 1976 JOINT OPERATING FUND WARRANTS IN FAVOR OF Air California, Air Fare, Various Meetings Alex Fish Company, Lab Supplies Allied Supply Company, Valve & Pipe Supplies American Cyanamid Company, Chemical Flocculants American Lock & Supply, Inc., Hardware City of Anaheim, Power Anaheim Sewer Construction, Lateral Repair The Anchor Packing Co., Gaskets Applied Science Labs, Lab Supplies Bank of America, Bond & Coupon Collection Beckman Instruments, Instrumentation Supplies Blue Diamond Materials, Concrete Bomar Magneto Service, Inc., Magneto Repair State of Calif. Public Employees' Retirement System, Actuarial Study C & R Reconditioning Company, Pump Repair C S Company, Valve & Pump Parts CWPCA, Conference Registration Cal's Cameras, Photo Processing & Supplies Cantrall Corp., Conveyor Parts Century Aero, Electric Supplies Coast Nut & Bolt, Hardware College Lumber Co., Inc., Building Materials Commercial & C B Communications, Communication Equipment Consolidated Electrical Distbrs., Electric Supplies Continental Chemical Co., Chlorine F. B. Cook Corp., Manhole Repair Coordinated Equipment Co., CAL/OSHA Testing Costa Mesa Auto Parts, Inc., Truck Parts Culligan Deionized Water Service, Lab Supplies Daily Pacific Builder, Engineering Proposal Notice Data Supp.lies & Systems, Inc., Printing Nick Di Benedetto, Employee Mileage The Drawing Board, Office Supplies Eastman, Inc., Office Supplies Electric Supplies Distributing, Electric Supplies Electronic Business Machines, Calculator Engineering News Record, Legal Ad Enterprise Printing Company, Printing Farrow Engineering, Filters Filter Supply Co., Filters Fischer & Porter Company, Metering Supplies & Charts Clifford A. Forkert, Right-of-Way Services The Foxboro Company, Electric Supplies General Electric Supply, Electric Supplies General Telephone Company M. E. Gray Co., Pipe Supplies Graybar Electric Co., Electric Supplies Groth Chevrolet Co., Truck Parts Hanson· Water Works, Pipe Supplies Haul-Away Containers, Trash Disposal Hewlett Packard, Lab Supplies Hollywood Tire of Orange, Truck Tj_res Honeywell, Inc., Strip Charts House of Batteries, Batteries "A-1" $ AMOUNT 53.90 79.50 289.21 4,946.35 46.89 115.67 475.00 16.42 80.15 181.92 71.72 59.32 149.78 294.oo 150.00 178.93 318.75 133.62 470.23 111.83 229.41 201.73 63.60 1,647.15 l0,839.86 1,235.00 1,335.00 433.01 40.00 280.00 654.04 56.82 26.40 931.67 56.07 68.85 184.50 63.12 1,928.87 23.35 375.29 2,503.87 139.39 197.92 3,549.24 433.14 209.81 21.48 29.87 105.00 155.02 108.42 77.09 22.13 WARRANT NO. 29222 29223 29224 29225 29226 29227 .29228 29229 29230 29231 29232 29233 29234 29235 29236 29237 29238 29239 29240 292J-i1 29242 29243 29244 29245 29246 29247 29248 29249 29250 29251 29252 29253 29254 29255 29256 29257 29258 29259 29260 29261 29262 29263 29264 29265 29266 29267 29268 29269 29270 29271 29272 29273 29274 29275 29276 29277 JOINT DISTRICTS CLAIMS PAID MARCH 30, 1976 IN FAVOR OF Howard Supply Company, Pipe Supplies, Tools & Valves $ Huntington Beach Equipment Rental, Equipment Rental Hurley Electronics, Inc., Electric Supplies Inland Nut & Bolt Company, Freight Jensen Instrument Company, Controls Kenics Corporation, Polymer Mixer King Bearing, Inc., Bearings & V-Belts Kleen-Line Corporation, Janitorial Supplies Knox Industrial Supplies, Hardware LBWS, Inc., Welding Supplies, Tools & Equipment Repair L & N Uniforms Supply Co., Uniform Service Judy Lee, Employee Mileage Metermaster, Inc., Equipment Repair Morgan Equipment Company, Equipment Parts National Chemsearch, Cleaner City of Newport Beach, Water Office Equipment Specialists, Equipment Repair Orange County Farm Supply Co., Weed Killer Orange County Stamp Co., Rubber Stamps Oreo Plastics, Plexiglass Oxygen Service, Lab Supplies Pacific Telephone Company M. C. Patten Corporation, Gauges Paulsen Wire Rope Corp., Wire Rope Petroleum Dynamics, Compressor Parts Pickwick Paper Products; Janitorial Supplies Printec Corporation, Reproduction Supplies The Republic Supply Co,, Pipe Supplies Reynolds Aluminum Supply Co., Steel Richey Electronics, Inc., Electric Supplies Robbins & Myers, Pump Parts Sand Dollar Business Forms, Printing Santa Ana Electric Motors, Electric Motors & Pump Repair Sargent Welch Scientific Co., JPL Instruments & La.b Supplies Saunders Distributing Co., Inc., Equipment Parts Scientific Products, Lab Supplies Scott Refrigeration Service, Inc., Equipment Repair Sears, Roebuck and Company, Tools See Optics, Safety Glasses Sherwin Williams Company, Paint Supplies John Sigler, Employ2e Mileage Signal-Flash Company, Barricade Rental Sims Industrial Supply, Sand Blasting Materials Singer Mailing Equipment, Postage Meter Southern California Edison Company Southern California Gas Company Southern California Water Company Sparkletts Drinking Water Corp., Bottled Water Speed-E-Auto Parts, Truck Parts Standard Concrete Material, Concrete Standard Oil Company of California, Diesel Fuel, Gas & Oil State Compensation Insurance Fund, Additional Deposit Sterling Art & Engineering Supplies, Drafting Supplies The Suppliers, Hardware, Tools & Chain Thompson Lacquer Company, Paint Supplies Triangle Steel & Supply Coo, Steel "A-2" AMOUNT 3,506.18 71.r 303.~ 14.85 102.91 500.40 316.12 210.01 48.92 707.75 1, 520. 75· 13.65 67.16 94.02 373.12 9.00 29.50 . 97. 31 100.56 30.95 102.30 8.62 143.92 406.22 15.58 131.18 486.65 135.00 15.89 76.06 186.76 410.22 623.57 120.85 128.oo 106.07 112.00 166.90 14.05 584.93 57.00 26.00 90.10 60.42 13, 048. 69. 318.05 3.2~ 127 .11· 25.23 197.00 1,480.69 175.r 62.~ 928.40 92.11 63.75 WARRANT NO. 29278 9279 ~9280 29281 29282 29283 29284 . 29285 29286 . 292ts7 '• 29288 29289 29290 29291 29292 29293 29294 29157 29158 29159 29160 29161 29162 29163 29164 29165 29166 29167 JOINT DISTRICTS CLAIMS PAID MARCH 30, 1976 IN FAVOR OF Truck & Auto Supply, Truck Parts J. G. Tucker & Son, Inc., Safety Equipment Union Oil Company of California, Gasoline United Parcel Service, Freight-Out United States Elevator Corp., Maintenance Agreement United States Equipment, Inc., Gaskets VWR Scientific, Lab Supplies Varec, Inc., Compressor Parts Arluss Walters, Employee Mileage Warren and Bailey Co., Inc., Tubing Waukesha Engine Servicenter, Engine Parts Western Electronic Supply Corp., Electric Supplies Western Salt Company, Salt Western Wire & Alloys, Welding Supplies Xerox Computer Services, Data Processing Xerox Corporation, Reproduction Services George Yardley Associates, Metering Supplies TOTAL JOINT OPERATING CAPITAL OUTLAY REVOLVING FUND WARRANTS IN FAVOR OF Almquist Tool & Equipment Co., Drill Grinder Fairbanks Morse Pump Division, Retention PW-045 Forkert Engineering, Engineering Services P2-8-8 J. B. Gilbert & Associates, Fae. Plan & P2-23 EIR Lowry & Associates, Engr. Services, Fae. Plan Motorola, Inc., Mobile Radio & Communication Equipment Pepsi Co~ Bldg. Systems, Inc., JPL Office Rent Southern Calif. Testing Lab., Testing Pl-16 Travel Buffs, Pl-16 Inspection Expense Twining Laboratories, Testing Pl-16 Wyle Laboratories, Pl-16 Consultant TOTAL CORF TOTAL JOINT OPERATING & CORF "A-3" $ AMOUNT 449.97 404.81 44.77 107 .49 33.00 78.97 106.00 81.31 14.55 63.39 816.61 179.67 114.88 490.96 3,827.46 1,554.25 93.83 $ 73,759.22 $ 1,348.12 1,474.40 418. 38 11,611.91 4,350.00 2,871.25 191.80 29.70 354.10 40.00 1,666.oo $ 24,355.72 $ 98,114.94 INDIVlDUAL DISTRICTS CLAIMS PAID MARCH 30, 1976 DISTRICT NO. 2 ACCUMULATED CAPITAL OUTLAY FUND WARRANTS WARRANT NO. IN FAVOR OF 29142 Smith Emery Company, Pipe Testing 2-14-3, 2-14-4 DISTRICT NO. 3 ACCUMULATED CAPITAL OUTLAY FUND WARRANTS IN FAVOR OF 29143 County of Orange, Compaction Testing 3-20-2 29144 City of Garden Grove, Pavement Striping 3-20-1 DISTRICT NO. 5 OPERATING FUND WARRANTS IN FAVOR OF 29145 Daily Pilot, Publish Ordinance 509 "B-1" $ $ 2,132.00 ~' 229.91 2,270.84 $ 2,500.75 $ 69.33 INDIVIDUAL DISTRICTS CLAIMS PAID MARCH 30, 1976 DISTRICT NO. 7 OPERATING FUND WARRANTS WARRANT NO. IN FAVOR OF 29146 State of California, Annexation 39 Processing Fee ACCUMULATED CAPITAL OUTLAY FUND WARRANTS IN FAVOR OF 29147 Donald Cray, Refund Annexation Fee Overpayment FIXED OBLIGATION FUND WARRANTS IN FAVOR OF 29148 City of Anaheim, Annual JOS Payment 2914-9 City of Buena Park, Annual JOS Payment 29150 City of Fullerton, Annual JCS Payment 29151 Garden Grove Sanitary District, Annual JOS Payment 29152 City of La Habra, Annual JOS Payment 29153 City of Orange, Annual JOS Payment 29154 City of Placentia, Annual JOS Payment 29155 City of Santa Ana, Annual JOS Payment FACILITIES REVOLVING FUND WARRANTS IN FAVOR OF 29156 The Register, Bid Notice 7-6-9 $ $ $ AMOUNT 330.00 167.00 1,561.80 96.70 1,561.80 241.80 386.90 1,474.70 241. 80 4,434.50 $ 10,000.00 $ 102.56 $ 10,599.56 MEMORANDUM April 29, 1976 TO: Fred A. Harper, General Manager FROM: Ray E. Lewis, Chief Engineer (.;QUNTY !SANITATION UISTRICTS of ORANGE COUNTY, CALIFORNIA P. 0. BOX 8127 108.C.C ELLIS AVENUE FOUNTAIN VALLEY, CALIFORNIA 92708 (71") 5.C0-2910 (71.C) 962-2'411 SUBJECT: Capital Outlay Revolving Fund, Fiscal Year 1976-77 In March of 1974 the Districts forwarded to the State Water Resources Control Board and EPA a project report for improved treatment of Plant No. 2. This project report called for an expenditure of $275 million to meet the State and Federal requirements for ocean discharge. Based upon this report and the needs surveys for treatment facilities required to meet the discharge requirements, the Districts facilities have been included in the project list as adopted by the State B~ard and as approved by the EPA for the following projects: 1. 2. 3. 4. s. 6. 75 MGD of secondary treatment at Plant No. 2 24 MGD expansion of premary treatment at Plant No. 2 Phase 2 expansion of primary flows at Plants Nos. 1 & 2 Secondary treatment of Plants Nos. 1 & 2 Expansion in improved treatment including headworks addition at Plant No. 1 Expansion and improvement of secondary treatment at Plants Nos. 1 and 2, Phase 2 Total $. 73,800,000 4,400,000 24,400,000 36,900,000 ·125' 000' 000 125,000,000 $389,500,000 Although the project list as approved by the State may not represent the true project cost, it does indicate an extreme high level of construction activities for the joint works facilities. The Board has recently approved the design effort for 75 MGD of improved treatment at Plant No. 2 which the cstimatec.l construction cost is approximately $6V.2 million. The State has requested that we analyse our cash flow situ~tion in order that we might consider the commencing of the design of an ad<lition3.l SO MGD a day of improved treatment at Plant No. 2 in August of this year pending the rcsul ts of the CoMMI TTEE ft,GENDA ITEM tlo. 1 ... Fred A. Harper Apri 1 29, 1976 Page Two JPL-ACTS Process Pilot Plant effort. It is estimated that this second phase of improved treatment at Plant No. 2 will be approximately $50 million. The State as well as the EPA is most anxious to obligate grant construction funding before the September 30, 1977 deadline in order that the State of California does not lose its allocation as provided by the Congress 1972 amendment to the Clean Water Act. If the Districts are to proceed to meet the NPDES discharge requirements and to contract for pver $100 million in the swnmer of 1977, the CORF budget must be increased considerably over what has been experienced in the past few years. 1be past CORF budgest adopted by the Boards raised by taxes are as follows: 1968-69 1969-70 1970-71 1971-72 1972-73 1973-74 1974-75 $4,180,000 3,800,000 3,800,000 2,000,000 2,500,000 2,500,000 2,500,000 It is estimated that the CORF budget for the 1976-77 fiscal year will be approximately $6, 000, 000. It is suggested that the staff present the capital expenditure program to the Executive Committee at their scheduled meeting of May 4th in order that they may apprise the Joint Board as to the level of effort involved with meeting the clean water bond laws of the State and EPA. REL:ss RtCHARO 0. ,.RAZ EE STEPHEN C.STEWART TtiOMAS L. WOOORUF'I"' .JE,.,.REY A, HARTMAN LAW OFF"ICES Stcwcl rt, '\T ooJ ruff & f rdzcc 1055 NORTH MAIN STREET, SUITE 1020 SANTA ANA, CALIFORNIA 92701 April 29, 1976 Boards of Directors . County Sanitation Districts of Orange County, California P. o. Box 8127 Fountain Valley, California 92708 Subject: Adoption of Conflict of Interests Code AREA COOE 714 835•0ZIZ As each of you has been made aware, the provisions of the Political Reform Act of 1974 (Proposition 9) are now being implemented and specifically require all local public agencies to adopt a conflict of interest code that will apply to its officers and employees. On behalf of the County Sanitation Districts, the code will be adopted by the Board of Directors of each District and will be submitted to the Orange County Board of Supervisors for their review and approval. The Board of Supervisors has established the date of August 1, 1976 as the final date for submission of the District's code. The ExecU'ti ve Cornmi ttee is being requested to review the draft of the code which is the basis upon which the specific code will be submitted to the full Boards at the meeting of June. This draft code is the product of the Attorneys Committee for the California Association of Sanitation Agencies (CASA) and, in my opinion, is the best product of efforts to have a comprehen- sive yet simplified set of rules. It is considerably more specific than the model code proposed by the League of California Cities and, while a few paragraphs will need to be changed to more precisely identify the factual situation with our Districts, the substance is basically being recommended by my office. It now appears that the code will be made to apply to the super- visory category employees of the District, in view of the fact that they generally have the ability to make or participate in the making of decisions which could foreseeably have a material effect on a financial interest of the person holding their position. Additionally, a few other categories will necessarily CoMMITTEE AGENDA ITEM No. 2 Boards of Directors April 29, 1976 Page Two have to be included because of the particular responsibilities of the jol:Gmeeting the same criteria. It is also being recommended that the code to be adopted by the Districts will require the consultants to the Districts, such as engineering firms and general counsel, be made to comply with all of its provisions. I do point out, however, that there are some exceptions, such as a consultant who owns less than a 10% interest in the firm which is being retained by the District need not disclose, on the basis of a minimum involvement. With regard to the form of the reporting requirements, it is · substantially similar to that presently being required of ·most Directors in their capacities as members of the City Councils. Finally, with respect to the adoption of the code, we are, as noted above, required to submit our adopted code to the Board of Supervisors by August 1, 1976. However, the code that will be submitted to the Board for approval will include my recom- mendation that it not become effective as a law governing the officers and employees of the District until January 1, 1977. This recom,.~endation is based primarily upon the fact that no effective date is required as a matter of State law and, secondly, it will avoid one additional filing during 1976 in view of the num~rous filings that have already been made by most Directors. Likewise, the actual filing date is not yet determineG, but at this point it would appear that the month of 'April will be selected as the annual anniversary date. The purpose of this is to coincide with the reporting dates that.the Directors will experience as members of the City Councils and, therefore, will prevent an unnecessary amount of duplicate efforts spread through several months of the year. TLW:·ab l~Jo(:~. A~mas L. Woodruff General Counsel COUNTY SANITATION DISTRICTS of ORANGE COUNTY, CALIFORNIA P. 0 . BOX 8127 10844 ELLIS A V ENUE FOUNTAIN VALLEY, CALIFORNIA 92706 (714) 540-2910 May 5, 1976 REPORT OF THE EXECUTIVE COMMITTEE Meeting Date: May 4, 1976 Directors present: Directors absent: Donald Winn, Joint Chairman Kerm Rima Norma B. Gibbs, Vice Joint Chairman Phillip Cox John Garthe Supv. Laurence J. Schmit Convened : 5:30 p.m. Adjourned: 7:40 p.m. Others present: Milan Dostal, Director Vernon Evans, Director Fr ed A. Harper, Ge neral Manager J. Wayne Sylvester, Director of Finance Ray E. Lewis, Chief Engineer Thomas L. Woodruff, Ge neral Counsel ******************** 1. Treatment Plant Capital Outlay Budget for 1976-77. (714) 962-2411 The staff reported that they are in the process of preparing budge t recommendations for the 1976-77 Joint Operations and Joint Construction budgets which will be considered by the Executive Committee in the latter part of May. The recent acceleration of the State and Federal construction grant program has made the Districts' long -range cash -flow projections for the Joint Works construction program invalid . The staff estimated that it will be necessary to incr e ase the Districts' tax contribution to the Capital Out l ay Revolving Fund budget from $2.5 million to $6 million per year for the next 3-5 years. The long-range planning projections anticipated some of this increase and reserves have been set up in the individual Districts ' Accumulated Capital Out l ay funds. How- ever, at least 3 Dis tric ts will have difficulty making t heir con- tributions without rescheduling District p roj ects or seeking new revenues. Attached is a brief staff report concerning the. accelerated construction program. 2. Consideration of a Conflict of Interest Code. The General Counsel is recommending adoption of the enclosed ~onflict of Interest Code which has been dev eloped by the Attorneys Committee of the California Association of Sanitation Agencies (CASA) to comply with the requirements of Chapter 7, Title 9 of the Govern- ment Code. Attached is a report from -Mr .-Woodruff. - Following a lengthy discussion concerning whether or not the District Directors will be required to file as Directors of the Sanitation Districts, and at the same· time, file as elec ted officials of their respective entities, the Committee directed the General Counsel to seek a Legal Opinion from the Fair Political Practices Commission, since reporting by Direct'ors would appear to be a duplication, and redundant. The Committee took no action to recommend the adoption of t he proposed Conflict of Interest Code. However, the Committee recog- nizes the need to proceed toward adoption of the Code prior to August 1st of this year; therefore, the Committee r ecommends adoption of a resolution establishing June 9th, which is the regular Joint Board meeting date, for a public heari ng to receive comments from the public and District employees. The staff has recommended that all personnel in Management and supervisory classifications be required to file in accordance with the Code. 3, Request of the Garden Grove Sanitary Distr ict for Waiver of Connection Fees. At the March 30th meeting of the Executive Committee, considera- tion was givefl to a request from the Garden Grove Sanitary District for waiver of connection charges for 21 existing homes in a pro- posed sewer assessment District. The Committee directed the staff to obtain information concerning the amount of property taxes paid ---· the Districts for the subject properties. The staff has determined that something less than $1,000 taxes have been paid by the subject properties since the inception of the District for operation and maintenance of a sewer system from which these properties have received no benefit to date. The General Counsel advised the Committee that it wou ld require an amendment to the Districts' ordinances to permit credit for prior taxes paid, which would apply to the issuance of all permits . Some credit would have to be determined each time a permit was applied for, thereby making the permit process unwieldy, time consuming, and very costly. While t he Committee is in sympathy with the request of the Garden Grove Sanitary District, it is the Committee's recommenda- tion that their request for waiver of fees be respectfully denied. -2- Vice Chairman Gibbs requested that the minutes of the Executive Committee reflect her support of the request of the Garden Grove Sanitary Di strict. 4. Amending Agreement with J. R. Gilbert and Associates Dated March 26, 1975. On March 26 , 1 975, the Boards authorized the engagement of J. R. Gilbert and Associates to prepare the Environmental Im pact Statement for the Districts' Facilities Plan . The Environmental Impact Statement is being prepared j o intly with the Environmental Protection Agency and funded with 87\% State and Federal Step I grant fund s. In rec e nt discussions with the State and EPA, the scope of the Envir onmental Impact Statement has been expanded at EPA's insistence involving additional work for the consulting firm. Attached is a staff explanation of t h e req uired add itional work and the estimated costs associated with same . · With reference to th e s t a ff memorandum, i t is apparent that EPA is responsible for the ultimate sign-off on the fina l Environ- mental Impact Stateme nt for the constr uction of future facilities at the two treatment plants ; therefore, EPA can require the expen- diture of additional monies to satisfy their requirements. While the Committee is not pleased with th e expansion of the scope of the Env ironmental Impact Statement and the added costs, it is recom- mended that the agreement with J. R. Gilbert Associates dated March 26, 1 975 , be amended to increase the agreed-upon maximum amoun t from $60,000 to $15 0 ,000, subject to per diem rates established March 26 , 1975, plus printing expenses not to exceed $35 ,0 00 . 5. Authority to Pay Directors Compensation and Per Diem When Pa rticipating in Activities to the Benefit of the Districts. Staff Report -Presently, the General Manager has the authority to designate me mbers of the Boards and staff to attend meetings, conferences, and other functions within the State o f California which will be of value to the Districts . It is requested that this authority be extended to provide when the General Manager requests attendance by Directors, with the concurrence of the Joint Chairman , that Directors attending will be paid compensat i on and expense reimbursement pursuant to exist i ng Districts ' resolutions establishing compensation and expense reimbursement polic i es. We are requesting this p rovision to remove any doubt or concern when a Director is asked to serve or represent the Districts at a function within the State, that the y be assur ed of allowab l e com - pensation and expense reimbursement. Currently, the authority rests with the Board(s) and authorization for payment of compensation for attendance at meetings mu st either be approved in advance or re- quested after the date of participation . -3- Committee Recommendation -The Committee concurs in the staff's r ecommendation to adopt a resolution authorizing paid compensation and expense reimbursement as outlined . -4- WJML:~~w:ra l/~1110 Rev. 2/ 2/76 CONFLICT OF INTEREST CODE OF nm ----~--~~~~~--~~~~~~--- DISTRICT ARTICLE I--GENERAL PROVISIONS Section 1.1. Authority. This Code is adopted pursuant to, ··and :i.n implementation of, Article 3 (commencing with Section 87300) of Chapter 7,. Title 9 of the Government Code of the State of California. Section 1.2. Effect. This Code isin addition to State and local laws pertaining to conflicts ·of interest of. District officers and employees and is not intended to abridge or otherwise modify such laws. Section l. 3. Severability. If any article,, section, subsec- tion, paragraph, subparagraph, sentence •.. clause or phrase of this Code is for any reason held to be invalid, unconstitutional or unenforceable, such decision shall not a~fect the validity of the r~maining portions of this Code. The District declares that it would have adopted this Code and each article, section, subsection, ·.paragraph, subparagraph, sentence, clause and phrase thereof irr.cspective of the fact any one or more of such portions of this Code be declared invalid, unconstitutional or unenforceable. Section l. lt-. Effective Date. ·This Code shall take effect upon its approval by the Board of Supervisors of the County. Section 1.5. Definitions. As used in this Code, unless the context othcrwis~ clearly implies, the following words and terms shall have the meanings set forth herein. (a) Business ent~. "Business entity" means any organization or enterprise operated for .profit, ~ncluding but not limited to a proprietorship, partnership, firm, business trust, joint venture, syndicate, ·corpor3tion or association. (b) Consultant. "Consultant" means a p~sition established by contract with the District pursuant to which contract information, advice, reconnnendation or counsel is provided to the District; provided, however, that "consultant" shall not include a position in which the person providing such information, advice, recommend- ation or counsel: (1) conducts research· and arrives at conclu- sions with ·respect to his or her rendition of information, . . advice, recorrnnendation or counsel independent of the control and direction of the District or of any District official, other than normal contract monitoring; and (2) possesses no authority with respect to any Dis.trict decision beyond the rendition of information, advice, recommendation or counsel. · (c) County. "County'~ means the county in whiGh this · District is located. (d) . Designated employee. "Designated employee" means a natural person holding, or representing a business entity which h~lds, a designated position. (e) Designated position. "Designated position" means a position within the District specified in Exhibit "A" attached hereto. Designated positions are deemed to involve the making or participation in the making of decisioris which may foreseeably have a material effect on a financial interest of the designated employee holding such position. (f) Disclosure statements. "Disclosure statements" mean statements disclosing reportable interests required, by Section 2 .1, to be filed by designated employees. (g) District. "District" means this District. (h) Reportable interests. "Reportable interests" mean invcstmenti, interests in real property and income required to be disclosed by designated employees. "Reportable interests" I o as to any particular designated employee means those.categories of such interests assigned, by Exhibit "A" attached hereto, to the designated position held by such employee. "Reportable interests' as to any particular employee are deemed by said assignment to be affected foresccably and materially by any decision made or parti- cipated in by the designated employee by virtue of his or her position. (i) Secretary. "Secretary" means that officer of . . .. . .this District responsible for Di~tri~~ files and records. ARTICLE II--DISCLOSURE Section 2.1. Disclosure Statements. Each designated· employee .shall file an initial statement and annual statements disclosing those reportable interests in the category or categories of reporta~le interests, more particularly described in Section 2.5, which are assigned by Exhibit "A" hereof to the designated position ·held by such c~ployee. In the event a designated employee does not have any such reportable interests, such statements n~ed not be fil~d. · Such statements shall be filed at the place specifi~d in Section 2·. 2 and at the times spe_cified_ in Section ·2. 3 and Section 2.4, shall contain the information specified in Section 2 .. 6 through Section 2.8, and shall be in the form specified in Section 2.9. Section 2.2. Place of Filing. Disclosure statements shall be filed, ~n the original, with th.e. Secretary_, who shall receive such statements on behalf of the District. The Secretary shall make and retain a copy of each disclosure statement so filed and shall forward the original thereof to tbe Board of Supervisors of the County. Section 2.3. Time of Filing Initial Statements. (a) In General. Each designated employee havin~ reportable interests shall filo an initial disclosure statement within thirty' (30) days after the effective date of this Code. -3- (b) Civil Service Employees. Each civil service employee who assumes a designated position more than thirty (30) days after the effective date of the Cod~ and.who has reportable interests at the time of assuming such position shall file an initial disclosure statement within thirty (30) days after assuming such position. (c) Other Employees. Each employee who is not a civil service employee, who assumes a designated position more .. -~han thirty (30) days after the effective date of this Code, and r-:i.-. ·who has reportable interests at the time of assuming such position .shall file an initial disclosure statement not less than ten (10) 'days before assuming such position, unless an earlier assumption .of such position is required, in which event, the initial disclosure ~tatement shall be file~ within 30 days of assuming the designated position. Section 2.4. Time of Filing Annual· Statements. An annual ~isclosure statement shall be filed in the month of February of each year by each designated employee who acquired, received or held a reportable interest during the preceding calendar.year whether or .not such ~eportable interest was disposed of .during such calendar year and whether or not the designated employee ·filed an initial -<-Statement pursuant to Section 2.3. ·section 2.5. Categories of Reportable Interests. Reportable ~nterests are divided into the following categories: (a) Category I: Interests in Real Property. Interests in real property are reportable interests if; (1) the real property to.which the interest .-pertains is located in part or in whole, (A) within the boundaries of the ·District, (B) within two miles of the boundaries of the District, -or (C) within two miles ·of land located outside -of the boundaries of the District which is owned or. used by the District; (2) the fair market value of thri interest of the -designated employee or his or her spbusc i9 greater than One Tl1ousand -4- .. •. ·. ~i.'. Dollars ($1,000); and (3) the interest is either: (A) a leasehold, beneficial or ownership interest held by the designated employee or his or her spouse, (B) an option held. by the designated employee or his or her spouse to acquire such an interest,· or (C) an interest or option held by a business entity or ~rust in which the designated . employee or his or her spouse owns directly, indirectly or benefi- cially, a ten ·percent (10%) interes~ o: greater;·provided, however, that "·in the event that the ownership interest of the designated employee or his or her spouse in such business entity or trust is less than fifty percent (50%), the value, for the purpose of para- graph (2), of the real property interest or .option relates to the value of the pro rata share of th~ designated employee or his or her spouse in the real property interest or option held by the business ·entity or trust; and provided further, that in the event that the ownership interest of the designated employee or his or her spouse in such business entity or trust is fifty percent (50%) or more, the value, for the purpose of paragraph (2), of the real property .interest or option relates to the entire·value of the real property iriterest or opti~n held by the business entity or trust. (b) Category II: Investments. Investments in business entities are reportable if: (1) the business entity, including parent corpora- tions, subsidiary corporations or otherwise ·related business entities, (A) has an interest in real property located in part or in whole within the boundaries of the District, within two miles thereof or within two miles of land. owned or used by the District, (~) does business or plans to do business within the District, or (C) ha~ done business within the District at any time .during the ~wo years.prior to the time that the disclosure statement-of the designated employee is filed; (2) the f nir market value of the investment of -5- .. the designated employee or his or her spouse is greater.than One Thousand Dollars ($1,000); and (3) ~he investment either (A) is held by the desig- nated employee or his or her spouse and constitutes a financial interest in, or security issued by, the business ~ntity, including but not limited to cormnon stock. prefer~e:d s·tock, rights, warrants, options, debt instruments and any partnership or other ownership ·interest; or (B) is held by any .business entity or trust in which the designated employee or his or her spouse owns, directly, indirectly or beneficially,· a ten percent (10%) interest or greater, and con- stitutes a financial interest in, or security·issued by, a business entity qualifying under paragraph (2) above, provided, however, that in the event that the ownership interest of the designated employee or his or her spouse in su~h business entity or trust is less than fifty percent (50%), the value, for the purpose of' paragraph (2), of the investment relates to the value of the pro rata share of the designated employee.or his or her spouse in the investment held by the busi?ess e~tity or trust; and provided further, that in the event that the owne~ship intere.st of ~he desig- nated employee or his or her spouse in such business entity or trust is fifty percent (50%) or more,· the value, fdr the purpose of paragraph (2), of the investment relates to the entire value of the investment held by.the business entity or trust. An investment is not.~eportable if it constitutes· a time or demand deposit in a financial institution, a share in a credit union, an insurance policy, or a bond or other debt instru- ment issued by any government or government agency. (c) Category III: Sources of Income. Sources of income are reportable if: (1) the source of income was either (A) a business entity located o~ doing business as described in subsection (b) {1) (B) an individual residing.within the District, or (C) a non-profit -6- association or corporation having its principal place of business within the District; (2) either (A) the aggregate amount of income received by the designated employ~e or his or her spouse from the source during the period covered by the disclosuri statement was Two Hundred Fifty Dollars .. ($250) or more in value, or (B) if the . income was a gift received by the· designated employee or his or her npouse from the source during the pe~io~ covered·by the disclosure statnient, the value of the gift was Twenty-Five Dollars ($25) or more; and (3) the income was either received by (A) the designated employee or his or her spouse, o~ (B) received by any ~usiness entity or trust in which the designated.employee or his . or her spouse owns, directly, indirectly· or beneficially, a ten percent (10%) interest or greater, provided, however, that in the event that the income is received by a business entity described in this paragraph (B), the valu~, for the purpose of paragraph (2), of the income relates to the pro rata share of the designated employee or his or her spouse in the income of the business entity or trust.· Income includes, except to the ~xtent excluded by . this subsection, income of any nature from any source, including but not limited to any salary, wage, advance, payment, dividend, interest, rent, capital gain, return of capital, gift (including any gift of food or beverage), loan, forgiveness or payment of indebtedness, discount in the price of anything of value unless the discount is available to mcmbeis of.the public without regard to official status, rebate, reimbursement of expenses, per diem, or con~ribution to an insurance or pension program pa~d by any person other than an employer. Income docs not include: (1) campaign contributions required to be reported under Ch.1ptcr 4 (commencing with Section 84100) of Titl~ 9 of the Governmcnt·Codc; (2) salary nnd reimburse- I.. ment for expenses or per diem received from a state or local govern- ment agency and reimbursement for travel expenses and per d~em received from a bona fide educational, academic or charitable organization; (3) gifts of informational _material, such as books,. pamphlets, reports, calendars or periodicals; (4) gifts which are not used and which, within thirty days ~f~er receipt, are returned to.the donor or delivered to a charita~le organization without being claimed as a charitable contribution for tax purposes; . (5) gifts from an individual's spous·e, ·child, parent, grandparent, grandchild, brother, sister, .parent-in-law, brother-in-law, sister- in-law, aunt, uncle, or first cousin or the spouse of any such person; provided that a gift from any such person shall.be considered income if the donor is acting as an agent or intermediary for any person not covered by this paragrap~ (5); (6) any devise or inheri- tance; (7) interest, dividends or premitmls on a time or demand deposit in a financial in~titution, shares in a credit union or any insurance policy, payments received under any insurance policy, or any b·ond or other debt inst~ument issued by any government or government agency; and (8) dividends, interest or any othe~ return on a security which is registered with the Securities and Exchange Commission of the United States Government. (d) Category IV: Supply Sources. Category IV includes investments includ~d. in Category.II in bu~iness entities described therein, and income included in Catego~y III from business entities described therein, if such business entities manufacture or sell supplies, machinery or equipment of the type utilized by the District. (e) Category V: Contractors. Category V includes investments included-in Category II in business entities described therein, and income included in Category III from.business entities described therein~ if such business entities arc contractors or subcontractors cneaged in the performance of work or services of -8- the type utilized by the District. (f) Category VI: Financial Institutions. Category VI includes investments included in Category II in business entities described therein, and income included in Category III from business entities therein, if such business entities constitute banks, saving and loan associations, insurance companies, investment companies, title companies, financial consultants or data processing firms. Section 2.6. Content of Disclosure Statements; Category I. Disclosure statments required to be ~iled for reportaple interests specifie~ in Category I shall contain the following information: (a) The address or other precise location -of the real property; (b) A statement of the nature of the interest in ·the real property; · (c) When the real property is not used principally as the.residence of the designated employee making the filing, a statement of whether the fair market value of .the interest exceeds Ten.Thousand Dollars ($10,000) and whether it exceeds ·one Hundred Thousand Dollars ($100, 000); and ... (d) In the case of an interest in real property wholly or partially acquired during the period covered by an annual disclo- sure statement, the date of acquisition and, if such interest in such property was disposed.of during such period, the date of dis- position. Section 2.7. Content of Disclosure Statements; Category II .and Related Categories. Disclosure statements required to be filed for reportable interests specified in Category II and investments specified in Categories IV, V and VI shall contain the following information: (a) The name and address of the business entity in which ench investment is held; (b) A general description of the business activity in which the business entity is engaged; -9- (c) A statement of the nature of the investment; (d) A statement of whether the fair market value of ·the investment ·exceeds Ten Thousand Dollars ($10, 000) and whether it exceeds One Hundred Thousand D_ollars ($100,000); and (e) In the case of investments wholly or partially acquired during the period covered by an ~nnual disclosure state- ment, t~e date of acquisition and, if such interest in such property was disposed of during such period, the date of disposition. Sectio~ 2.8. Content of Disclosure Statement; Category III and Related Categories. Except as to an initial disclosure state- ment for which income sources need not be reported,disclosure statements required to be filed for reportable interests specified in Category III and income sources specified in Categories IV, V and VI shall contain the following ~nformation: (a) The name and address of each source of income; (b) A general .descripti~n of the business activity, if any, of each source; (c) A statement. whether the aggregate value of income from each source was greater than One Thousand Dollars .($1,000), and whether it was greater than Ten Thousand Dollars ($10,000); (d) A description of the ~onsideration, if any, for l'lhich the income was received; (e) In the case of income con~tituting a gift, the amount and the date on which the gif~ ~as received; (f) . In the case of income of a business entity, in which the designated employee or his or her spouse owns a ten percent·(10%) interest or more: (1) name and address and a general description of the business activity of the business e~tity; (2) if such business entity provides legal or brokerage service·s, the name of every natural person, non-profit association or corporation·and business entity who paid.fees to such business entity if the pro rata share of the designated .. 10- employee or his or her spouse of such fees was One Thousand Dollars ($1,000) or more; and . (3) if such busine~s entity does not provide legal or brokerage services, the name of every natural person, .non-profit association or corporation, and business .entity from whom such business entity received payments if the pro rata share of the designated employee or his or her spouse of gross receipts from such person, non-profit association or corporation, or business entity was Ten Thousand Dollars ($1~,000) or more during any calendar year partially or wholly covered by the disclosure statement being filed. Section 2.9. Form of Disclosure Stat~ments. Disclosure statements required to be filed hereunder for any category of ·reportable interests shall be substantially in the form set forth for such category in Exhibit "B" attached hereto.· ·ARTICLE III--DISQUALIFICATION Section 3.1. General Rule. Designated employees shall disqualify themselves from making or participating in the making of any governmental decision when it is reasonably foreseeable that a financial interest of the designated employee may be materially affected by the decision. A designated employee shall not be required to disqualify himself with respect to any matter which could not be lega1ly~acted upon or decided without his participation. Section 3.2. Making Governmental Decisions; Actions Included. A designated employee makes a governmcnta~ decision within the meaning of this Article, when he or she, acting within the authority of his or her position: (a) Votes on a matter; (b) Appoints a person: (c) Obligates or commits the District to any course of action; .. 11- . (d) Enters into any contractual agreement on behalf of the District; or (e) Determines not to act, within the meaning of subsection (a) through subsection (d), unless such determination is made because of his or her financial interest~. When the determination not to act occurs because of his or her financial interest, the designated employee's determina- tion must be accompanied by disclosure of the financial interest . . made part of the District's official records, or made in writing !' to designated employee's supervisor or appointing power. Section 3.3. Participating in Decisions; Actions Included. A designated employee participates in the making .of a governmental decision within the meaning of this Article, when he or she, acting within the authority of his or her position: (a) Negotiates in any manner with a governmental e_ntity or private persc:l -:-egareing the decision; (b) Conducts research or investigations regarding the decision; (c) Prepares any report, analysis, or opinion regarding the decision; (d) Participates in any governmentai discussions or debates regarding the decision; or (e) Advises or makes recommendations to the decision- maker . . Section 3.4. Making or Participating in Decisions; Actions Excluded. Making or participating in the making of a governmental decision as used in this Article shall not include: (a) Actions of a designated employee which are solely ministerial,· secretarial, manual, or cler~cal; · (b) Appearances by a designated employee as a member of the general public before an agency in the course of its pre- scribed governmental function to represent hi.msclf or herself on -12- matters related solely to his or her personal interests; or (c) Actions by a designated employee relating to the compensation or the terms or conditions of his or her employ- ment or contract. Section 3.5. Financial Interest. A financial interest as used in this Article means: (a) A direct or indirect interest in real property as described in Section 2.5(a) if such interest is worth more than One Thousand Dollars ($1,000); (b) A direct or indirect investment as described in Section 2.S(b) if such investment is worth more than One Thous?nd Dollars ($1,000); (c) A source of income as described in Section 2.S(c), other than a loan by a commercial lending institution in the · regular course of business, if such income aggregates Two Hundred Fifty Dollars ($250) or more in value_ received by or promised to the designated employee within twelve (12) months prior to the time when the decision referred to in Sec~ion 3.1 is made; or (d) A business entity if the designated employee is a director, officer, partner, trustee or employee or holds any ~osition of management therein. For the purpose of this Section, indirect lnvestment or interest means any investment or interest owned by the spouse or dependent child of a designated employee, by an agent on behalf of a designated employee, by any b~siness entity controlled by the designated employee or by a trust in which he has a substantial interest. ~ business entity is controlled by a designated employee if the desi~nated employee, his agent, spouse and dependent children hold more than fifty percent (50%) of the ownership interest in the entity. A designate cl employee h.J.s·· a substantial. ·interest in a trust when the employee, his spouse and dependent ~hildrcn have a prPscnt or futurl! interest worth more th:m One Thousand· Doll:irs ($1, l100). ..1 · ..... Section 3.6. Affected Materially. (a) Standard of Determination. The financial effect of a governmental decision on-a financial interest of .a designated employee is material if, at the time the designated employee makes or participates in the making of a decision, in light of all the circurnstanc·es and facts know"ll at the time of the dee is ion, the de_s igna ted employee knows or ha$ reason to know that the existence of the financial .interest might interfere with the designated employee's performance of his or her duties. in an impartial manner.free from bias. (b) Circumstances to be ·Considered. In determining the existence of a rraterial effect upon a financial interest, the designated employee shall consider relevant factors, in.c;luding but not limited to the following: (1) In the. case of any real property in which the designated employee has a direct or indirect interest worth more than One Thousand Dollars ($1,000): (A) whether the effect of the decision will be to increase the income-producing potential of the real property by One Hundred Dollars ($100) or a five percent · (5%) per month, whichever is less; and (B) wheth~r the effect of the decision will be to inc~ease the fair market value of the real ~roperty by One Thousand Dollars ($1,000) or more or by five percent (5%} whichever is greater. (2) In the case. of a business entity in which the designated employee has a direct or indirect investment worth more than One Thousand Dollars ($1,000), or in the case of a designated employee who is a director, officer, partner, trustee, employee, or holds any position of management in a business entity: (A) whether the effect will be to increase or decrease the annualized gross revenue of the business entity by one percent (1%) or more or the annual net income of the business e~tity by five eercent (5%) or more: and (B) whether the effect of the decision will be to increase or decrease the assets or liabilities of the business e~tity by ·14- ... Fifty Thousand Dollars ($50,000) or more, or by five percent (5%) of its current assets or liabilities, whichever is less. (3) In the case of a source of income of a desig- nated employee (other than a loan· ·by a commercial lending institu- tion in the regular course of business) aegregating· Two Hundred Fifty Dollars ($250) or more in value received by or promised to the designated employee within twelve (12) months prior to the time when the decision is made: (A) whether, if the source of income ... is a business entity, the decision will affect such business entity irr the manner deicribed in subsection ·(2) above; (B) ·whether the governmental decision will directly affect the amount of income to· be received by the designated employee: and -(C) whether there is a nexus between the governmental decision .and the purpose for which the designated employee receives income. The specific dollar or percentage amounts set forth . . in this subsection do not constitute either absolute maximum or minimum levels, but are merely intended to provide guidance and should be considered along with other r·elevant factors in determining whether a finar.cial interest may interfere with the designated employee's exercise of his or her duties in rendering a decision .. (c) Excluded Circumstances. The making or participation in the making of a governmental decision by a person acting under contract in the position of consultant or by a person retained to provide information, advice, recommendation or counsel has no material financial effect on a business entity or source of income in which such person acting under contract in the position of consultant, or per~on retained to provided information, advice, recommendation or counsel is an officer, ·employee, sole proprietor or partner, if the onlf financial effects of the decision are the modification, perpetuation or ·renewal of the contract~al or retainer agreement and/or the opportunity to bid competitively on a project or contract. -15- Section 3.7. Notice of Action T;kcn. (a) Mandatory Posting of Notice of Action Taken. If a designated employee· disqualifies himself or herself from the making of a decision, or participation in a decision, upon a particular subject, and if the District subsequently cormnits itself to a definit~ course of action with regard to said subject, then the Secretary shall post a Notice of Action Taken as soon as is practicable following such connnitment. Saiq Notice shall be substantially fn the form set forth in Exhi- bit "C" attached hereto and by refer_ence incorporated herein and shall be conspicuously posted on· or near the door of -the regular meeting place of the governing body of the District. (b) Discretionary Posting of Notice of Action .. In the event that the District commits itself to a definite course of action with regard to any subject and no disqualification has occurred, the governing body may direct the District Secretary to post the Notice described in subsection (a) at the time and place set forth in said subsection .. · (c) Request for Reconsideration: ·Time of Filing; Effect of Failure to File. In the event that a Notice has been posted pursuant to subsections (a) or (b), a written request for reconsideration or disapproval of any District connnitment on the ground of existence of a conflict of interest of a designated employee shall be filed with the District Secretary within thirty (30) days of the posting of said Notice. In the event that such a request is not filed, said cormnitment and all decision made with rega~d thereto shall be final and conclusive. (d) Reconsideration Upon Filing of Request Therefor. In the event that a request is filed with the District Secretary pursuant to subsection (c) hereof, the Secretary shall direct said request to the District governing body, officer or employee respon- . . sible for the District commitment in qu~stion and·said body, officer or employee shall cause said commitment to be reconsidered . .. 16- EXII IB IT "A" Designated Positions Categories 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Directors r , II, III General Manager I, II, III Director of Finance and I, II, III, IV, VI Board Secretary Chief Engineer I, II, III, v Superintendent I, II, III, v General Counsel I, II, III Consultants I, II, III Supervisory Personnel as set forth As determined by the General in Districts' salary resolution, as amended Lead Storeskeeper As determined by the General Engineering Department Personnel As determined by the General associated with industrial waste and/or construction activities *The word "consultant" is defined in Section 1.S(b). A position nominally known as a consultant to the District is not a designated position herein unless such definition is satisfied. Thus, a "financial consultant", an "engineering consultant" and a "bond counsel" in many instances will not be a consultant herein. Determinations hereunder shall be made by the govern- ing body of the District. Manager Manager Manager EXHIBIT "B" DISTRICT ----------~~----------- DISCLOSURE STATE!·fENT CATEGORY !--INTERESTS IN REAL PROPERTY PLEASE NOTE: Before completing this statement, read Section 2.S(a) of the Conflict of Interest Code of this District. Such Section describes and limits the items required ~o be disclosed herein. (Attach additional pages if needed.) A. Designat~d position=--~-------~~~---~------~---------~--- B. Name of designated empl9yee: --------~--~----------~~-------- c. Address or precise location of each parcel of real property: D. Nature of interest in· each parcel of. real property (including whether the interE:st is held by you, your spouse or a business entity or trust in which you or your spouse own a ten percen~ interest or more): · · E. Ifthe real property does not ~onstitute your principal residence, does the fair market value of such property exceed $10,000? Parcel 1: Yes No ------- Parcel 2: Yes No Parcel 3: Yes No ------ F.· If the real property does not constitute your principal residence, docs the fair market value e>r s_uch property e~ceed $100, 000? Parcel 1.: Yes No Parcel 2: Yes No Parcel 3: Yes No -i- :' ... FORM I . ' DISTRICT -------~--~~~~~-- DISCLOSURE STATEMENT CATEGORY !!--INVESTMENTS PI.EASE NOTE: Before completing this statement·, read Section 2.S(b) of the Conflict of Interest Code of this District. Such Section describes and limits the items required to be disclosed herein. (Attach additional pages if needed.) B. Name of designated employee:~~~~~~~~~~~~~~~~~~ C. Name· and address of the business entity in which each investment is held. D. General description of the business activity in which the business entity is engaged. E. Nature of each investment (including whether the investment is held by you, your spouse, or a business entity or trust in which you or your spouse own a ten percent interest or more): F. Does the fair market value of the investment exceed $10,000? Investment 1: Yes No Investment 2: Yes No Investment 3: Yes No -1- r"ORM II G. If this disclosure statement is an annual, rather than an initial, statement and if the interest in the real property was wholly or partially acquired during the period covered by the statc~cnt, give the date of acquisition of such interest and the date of disposition, if any. Parcel l: Acquisition Disposition Parcel 2: Acquisition Disposition Parcel 3: Acquisition Disposition STATE OF.CALIFORNIA ) ) SS County of ____ ) The undersigned, ·perjury, certifies as follows: Date: Date: Date: Date: Date: Date: under penalty of . That (s)he has used all reasonable diligence in the preparation of the foregoing Statement and that to the best of (his) (her) knowledge it is true and complete. 19 .. · Signature: ~~~~--~~~~~~~~~~~~~~ Received by District on ~~~-~~-~ ' 19 -ii- FORM I G. Docs the fair market value of the investment exceed $100,000? Investment 1: Investment 2: Investment 3·: Yes ---Yes Yes No ---No Ho H. If this disclosure statement is an annual, rather than an initial, statement and if the investment was wholly or partially acquired during the period covered by the statement, give the date of acquisition of such investment and the date of disposi- tion, if any. Investment 1: Acquisition Date: Disposition Date: Investment 2: Acquisition Date: Disposition· Date: Investment 3: Acquisition Date: Disposition Date: STATE OF CALIFOIUUA ) ) SS Co1:111tY of ) The undersigned, under penalty of pe:.i:jury, certifies as !:ollows: That (s)he has used all reasonable diligence in the preparation of the foregoing Statement and that to the best of (his). (her) knowledge it is true and complete. 19 Signature: ~~~~~~~~~~~~~~~.,--~~~ Received by District on By: -T~i-t~l-e-:~~~-~~~--~~~~ -ii- FORM II DISTRICT --~~~~--~~~--- DISCLOSURE STATEMENT CATEGORY III--INCOME PLEASE NOTE: Before completing this statement, read Section 2.S(c) of the Conilict of Interest Code of this District. Such Section describes and limits the items required to be disclosed herein. (Attach additional paees if needed.) A. Designated position=~~--~~---------~------~~--------~~- B. Name of designated empl~yee: __ ~--~----~----~--------~~~ C. Name and address of each source of income: D. General ·description of the business.activity of each scurce of income: E. F. Source 3: Was the aggregate $1,000? value of income from the source Source 1: Yes No Source 2: Yes· No Source 3: Yes No Was the aggregate value of income from the source $10,000? Source 1: Source 2: Source 3: Yes ---Yes Yes --- No ---No No --- greater than greater than d. Describe the consideration, if any, for which the income was received. Source 1: ~------~~--~--------~--------~----------~- -i- FORM III '. H. Set forth the amount and the date of receipt of each gift. Gift 1: • 19 : $ Gift 2 :----------, 19-; $--------- Gift 3: , 19= $ _______ _ Complete items I through L below where the income of a business entity in which you or your spouse own a ten percent interest or more, is being reported: I. Name and address of each business entity. Business Entity 1: ~~~~--~~~~~--~~~--~------~- J. General description of the business activity of each business entity. · K. If such business entity which provioes legal or brokerage . ··services, set forth the name of every natural person, non-profit association or corporation and business entity who paid fees to such business entity if you or your spouse's pro rata.share of such fees was $1,000 or more. Business Entity 1: ~--~~--~~~~~~~~~------~--~- L. If such business entity docs not provide legal or brokerage services, set forth the name of every natural person, non-profit association or corporation, and business entity from who~ such business entity rccc.ivcd p:iymcnts if you or your spouse's pro rota share of ~ross receipts from such person, non-profit association or corpor~tion, or business entity was .$10,000 .. 11- FORM III or more during any calendar year partially or wholly covered by this statement. Business Entity !: ______ ~~~~--~--~~~~~~--~--- STATE OF CALIFORNIA ) ) SS County of ) The undersigned, .,,.__-=--~~------~~~~~--~-' under penalty of perjury, certifies as follows: That (s)he has used all reasonable diligence in the preparation of the foregoing Statement and that to the best of (his) (her) knowledge it is true and complete. . ,.· ·signature: ~~--~~--------~----~------~~ Received by District on ~~----~~--~--~ 19 -iii- FORM III DISTRICT --------~~----~~- DISCLOSURE STATEMENT CATEGORY IV--SUPPLY SOURCES PLEASE NOTE: Before completing this statement, read Section 2.S(d) of the Conflict of Interest Code of this District. Such Section describes and limits the items required to be disclosed herein. (Attach additional pages if needed.) •. B. Name of designated employee: ~~---------~------------~---~~---------~ C. Name and addr~ss of the business entity in which each investment is held: Investment 2: ---~--------------------------------~------~--------~---~ Investment 3: ------~---------------------------~---------------------------~ D. General d.escription of the business activity in which the business entity is engaged: Inve s tmen.t 1 : ~~~---------------------------------------------------------~ E. Nature of each investment (including whether the investment is held by you, your spouse, or a business entity or trust in which you or your spouse own a ten percent interest or more): F. Docs the fair market value of ·the. investment exceed $10, 000? Investment 1: Yes Investment 2: ·--Yes Investment 3: ---Yes -i- FORM IV No ---No No --- G. Does the fair market value of the investment exceed $100,000? Investment 1: Investment 2: Inv es tn:lCn t 3: Yes ---Yes Yes --- No ---No No H. If this disclosure stntement is an annual, rather than an initial, statement and if the investment was wholly or partially acquired during the period covered by the statement, r,ive the date of acquisition of such investment and the date of disposition, if any. Investment 1: Date of Acquisition: Date of Dispo_sition: Investment 2: Date of Acq.uisition: Date of Disposition: Investment 3: Date of Acquisition: Date of Disposition: I. Name and address of each source of income: Source 1: J. General description of the business activity of each source of income: K. Was the aggregate value of income from the source greater than $1,000? Source l: Yes No Source 2: Yes No Source 3: Yes No L. Was the aggregate value of income from the source greater than $10,0007 Source 1: Yes No Source 2: Yes No Source 3: Yes No -ii- FORM IV •. M. Describe the consideration, if any, for which the income was received: Source 2: ~~~~~~~~~~~--~~~~----~~~~--~~ N. Set forth the amount and the date of receipt of each gift: Gift 1: 19 ; $ Gift 2: , 19-; $------- Gift .3:----------19=; $ ______ _ Complete items 0 through Q below where the income of a business entity in which you or your spouse own a ten percent interest or more: 0. Name and address of each business entity. Business Entity 1: ~~~--~~----~------~~~--~~~~- P. General description of the business activity of each business entity. Business Entity 1: 'Business Entity 2: Q. Set forth the name of every natural person, non-profit associa- tion or corporation, and business ~ntity from whom such business entity received payments if you or your spouse's pro rata share of gross receipts from such person, non-profit association or corporation, or business entity was $10,000 or more during any calendar yea~ partially or wholly covered by this state~ent: Business Entity l:~~--~--~------~----~----~------~- -iii- FORM IV STATE OF CALIFORNIA ) ) SS ·county of ) • .. . The undersigned, --,...-:--..--~~~~~~~~~~' under penalty of perjury, certifies as follows: That (s)he has used all reasonable diligence in the preparation of the foregoing Statement and that to the best of (his) (her) knowledge it is true and complete. Signature: ~--~~~----~----~~--~----~~ Received by District on ~~----~~--~--~ 19 . .By: · .~T~i-t~l-e-=------------------------~ ... iv- FORM IV DISTRICT --------------------- DISCLOSURE STATEMENT CATEGORY V--CONTRACTORS PLEASE NOTE: Before completing this statement, read Section 2.S(e) of the Conflict of Interest Code of this District. Such Section describes and limits the items required to be disclosed herein. (Attach additional pages if needed.) A. Designated position: ~--------------------------------------------•. B. Name of designated employee: ----------------------------------~ C. Name and address of the business. entity in which each investment is held: Investment 2: D. General description of the business activity in which the business entity is engaged: Investment 2: ---------------------------------------------- · Investment 3: ---------------------------------------------- E. Nature of each investment (i.ncluding whether the investment is held by you, your spouse, or a business entity or trust in which you or your spouse own a ten percent interest or more): Inve.s tmen t 1 : ~----------------------------~------------- Investment 2: ----------------------------------------------- Investment 3: ------------------------~----~------------- F.. Does the fair market value of the investment exceed $tO, 0007 Invcstmer..t 1: Investment 2: Investment 3: Yes Yes ---Yes -i- FORM V No ---No No --- G. Docs the fair market value of the investment exceed $100,000? Investment 1: Investment 2: Investment 3: Yes Yes Yes No ---No No H. If this disclosure· statement is an annual, rather than an initial, statement and if the investment was wholly or partially acquired during the period covered by the statement, give the date of acquisition of such investment and the date of di~position, if any. Investment 1: Date of Acouisition: Date of Dispo~ition: Investment 2: Date of Acquisition: Date of Disposition: Investment 3: Date of Acquisition: Dat~ of Disposition: I. Name and address of each source of income: Source 1: J~ General description of the business activity of each source of income: K. Was the aggregate value of income from the source greater than $1,000? Source 1: Yes No Source 2: Yes No Source 3: Yes No L.· Was the aggregate $10,000? value of income from the source greater than Source 1: Yes No Source 2: Yes No Source 3: Yes No ;.ii- FORM v M. Describe the consideration, if any, for which the income was received: Source 1: ---------~~----------~~~----~~~~--~--~~--- N. Set forth the amount and the date of receipt of each gift: Gift 1: Gift 2 :------------19 $ 19-$------- Gift 3: ~~~~~~~~~~~~~ 19-$ ~~--~--~~~- Complete items 0 through Q below where the ·income of a business entity in which you or your spouse own a ten percent interest or more: o. Name and address of each business entity. Business Entity 1: Business Entity 2: Business Entity 3: P. General description of the business activity of each business ez:itity. Business Entity 1: ·Business Entity 2: Business Entity 3: Q. Set forth the name of every natural person, non-profit associa- . tion or corporation, and business entity from whom such business e~tity received payments if you or· your spouse's pro rata share of gross receipts from such person, non-profit association or corporation~ or business entity was $10=000 or more during any calendar year partial~y or wholly covered by this statement: Business Entity 1: ~~~~--~~~--~~--~--~~~----~- Business Entity 2: -iii- FORM V Business Entity 3=--------------------~--~~----------- STATE OF CALIFORNIA ) ) SS County of ) The undersigned, -----=--=--~~--~~--~~~---' under penalty of perjury, certifies as follows: That (s)he has used all reasonable diligence in the preparation of the foregoing State~ent and that to the best of (his) (her) knowledge it is true and complete. Dated: 19 . Signature: ~~~~~~~~~~~~~----~~~- Rec c iv e d by District on ~~~~~~--~~~ 19 . .. iv- FORM V.1 DISTRICT ----~~~--~------ DISCLOSURE STATEMENT CATEGORY VI--FINANCIAL INSTITUTIONS PLEASE NOTE: Before completing this statement, read Section 2.S(f) of the Conflict of Interest Code of this District. Such Section describes and limits the items required to be disclosed herein. (Attach additional pages if needed.) A. Designated position=-~--~~~----~~----------~~ B. Name of designated employee: ___ ~---------~--~~-- C. Name and address of the business entity in which each investment is held: D. General description of the business activity in which the business entity is eugaged: E. Nature of each investment (including whether the investment is held by you, your spouse, or a business entity or trust in which you or your spouse own a ten percent interest or more): Inv es tn1en t 1: ~----~----~~---------~------ Investment 3 :----------------------- F. Docs the fair market value of the investment exceed $10,000? Investment 1: Investment 2: Invcst~1cnt 3: Yes ---Yes Yes --- -i- FORM VI No No No .~ i· G. Docs the fair market value of the investment exceed $100,0007 Investment 1: Invcstncnt 2: Investment 3: Yes ---Yes Yes --- No No ---No H. If this disclosure statement is an annual, rather than ~n initial, statement and if the investment was wholly or partially acquired during the period covered by the statement, give the date of acquisition of such investment and. the date of disposition, if any. Investment 1: Date of Acquisition: Date of Di~position: Investment 2: Date of Acquisition: Date of Disposition: ~- Investme~t 3: Date of Acquisition: Date of Disposition: I. Name and address of each source o.f income: Source 1: J~ General description of the business activity of each source of income: K. Was the aggregate value of income-from the source greater than $1,000? Source 1: ·Yes No Source 2: Yes No Source 3: Yes No L. l~as.the aggregate value of income from the source greater than $10,000? Source 1: Yes No Source 2: Yes No Source 3: Yes No -ii- FORM VI M. Describe the considerat~on, if any, for which the income was received: N. Set forth the amount and the date of receipt of each gift: Gift 1: 19 $ Gift 2:~~~~~~~~~~~~~ 19~; $~~~~~~~~- Gift 3: ~~~~~~~~~~~~~ 19=; $ _____ _ Complete items· 0 through Q below where the income of a business entity in which you or your spouse own a ten percent interest or more: 0. Name and address of each business entity. ·nusiness Entity 1: ~~--~~~~~~~~~~~~~--~~~~ P •. General description of the business ·activity of each business ·~ntity. Q. Business Entity 1: ~~--~~~~~~~~~~~~~~~~~~ ,,· .. Set forth the. name of every natural person, non.-profit associa- tion or corporation, and business entity from whom such business entity received payments if you or your spouse's pro rata share of gross receipts from such person, non-profit association or corporation, or business entity was $10,000 or more during any calendar year partially or wholly covered by .this statement: Business Entity 1: ~~~~~~~~~~~~~~~~~~~~~ -iii- Business Entity 3=-------~----------------------------- STATE OF CALIFORNIA ) ) SS .County of ) Th·e undersigned, __,..__,,,_ ___________ , under penalty of perjury, certifie~ as follows: ·~ . That (s)he has used all reasonable.diligence in the preparation of the foregoing Statement and that to the best of (his) (her) ~owledge it is true and complete. Dated: ------------------19 Signature: ~---------------------- Received by District on ------~----~--- 19 . .By: .cT~i~t~l-e-:------------------------- ,•" -iv- FORM VI EXHIBIT "C" NOTICE OF ACTION TAKEN NOTICE IS HEREBY GIVEN that the District has 'connnitted itself to the following course of action: ----~-------------------- NOTICE IS.FURTHER GIVEN that in the event that any person desires the District to reconsider, or disapprove of, said connnit- ment on the ground o~ the existence of a conflict of interest of a district officer, employee or consultant, a request for said reconsideration or disapproval shall be submitted to the Secretary of the District within thirty (30) days of the date hereof. Dated: -----------~-------------- ... By: __ ~---------~--~~--~~-District Secreta~y .. RESOLUTION NO. __ _ A RESOLUTIO~ ADOPTING CONFLICT OF INTEREST CODE RESOLVED, by the Board of Directors of ------~~~--~~~- District, ------------~--~-----County, C~ l if or n i a, as follows: 1. That that Code entitled "Conflict of Interest Code, ----~------~------~~--------~--- District", a copy of which is attached hereto and by r~ference incorporated herein, be, and is hereby, approved and adopted for the District, subject to the approval thereof by· the Board of .supervisors of the Co'l;lnty of ·-·~· ··· · · ·. ; · 2. ·· That· the Secretary of this District be,. arid is hereby, authorized and instructed to submit a copy of such Code to the Board of Suvervisors of ~he County.of and to request said Board of Supervisors to.approve said Code in accordance with Government Code Section 87303. . I * * * . * , .... (Certificate) SUMMARY OF DISTRICT CONFLICT OF . INTEREST CODE The basic theory of the Code is that certain positions within the District are deemed to involve the making or participation in making of decisions which could foreseeably have a material effect on a financial interest of the person holding a position. There- fore persons holding such positions are required to file certain disclosure statements disclosing certain interests and. in addition. are required to disqualify themselves in certain instances · from making specified decisions. Article I. This Article contains general provisions includ- ing definitions. This Article states that a "designated employee" is that person which hold the position ("designated position") 'Within the District which requires th~ making of decisions encom- passed by the Code. ""Designated positions" are those listed in column 1 of f;xhi.bit "A". Such positions are. by the Code, deemed to involve the making of decisions which could have a material effect on a financial interest of the employee or officer making the decision. "Reportable interests" are those interests which designated employees must report on disclosure statements. and in essence. constitute those interests of designated employees which could.be affected by decision. This Article also contains a narrow· definition of "consul- tant". In particular a consultant, to be encompassed by the Code must possess authority with respect to District decisions beyond · the rendition of advice. Article II. This Article contains the requirement for disclo- ·sure statements. It requires persons holding designated positions to file an initial disclosure statement with the District Secretary at the time specified in Section 2.3 and to file annual disclosure statemenfs at the time specified in Section 2.4. The Secretary is required to forward all of such statements to the Board of Super- visors. · "Disclosure statements, however, need be filed only if the person holding the designated position has "reportable interests". If such person does not have reportable interests. then he need not .file disclosure statements. · ·Reportable interests are, by Section 2.5, divided into six "categories" and Exhibit "A" assigns different categories to the various designated positions. The "categories" are generally summarized as follows: Category I relates to interests with a value of more than $1,000 in real property located within or close to the District. It includes interests held by the designated cmployee.·his spouse or by a business cnti ty owned by t~e employee or his spous.e. . Category II relates to investments with a value of more than $1,000 in business entities having real property in the District or doing or pl3nning to do business in the District. It includes investments held hy the designated employee, his spouse or by a business entity owned by the employee or his spouse. . . Category III relates to sources of income aggregating $250 or more or of gifts aggregating $25 or more if the source is (generally) located within or doine business within the District. It includes sources of income to the designated employee, his spouse or a business entity and by the employee or his spouse. Category IV relates to invest~ents in and income from busi- ness entities which manufacture or sell supplies or equipment to the District. Category V relates to investment·s in and income from contractors. Category VI relates to investments in and income from .financial institutions. The Article describes the. information which is to be given about each "category" and refers to forms attached to the Code which are to be completed. For the most part, the informa- tion required is general in nature. Article III. This Article contains disqualification requirements. It requires that persons holding the positions designated in Exhibit "A" disqualify themselves from raaking or participating in making a decision when it is reasonably fore~ee- . able that his financial interest may be materially affected by the decision. The terms "making a decision", "participating in the making of a decision11 , "financial interest'1 and "materially affected" are defined. Generally, a "financial interest" is the same as an interest which requires disclosure under Article II and whether an interest will be ''materially affected" in a matter to be determined by the person concerned, after he considers certain factors.-If he decides that disqualification is necessary he must accompany the disqualification by a disclosure of the financial interest made a part of the District's records or made in writing to the person's supervisor or appointing power. This Article also establishes a procedure for reconsideration of District action where a conflict of interest is alleged to exist. It requires the District Secretary to post a Notice of Action Taken whenever any designated employee has disqualified himself from a decision and the District subsequently commits itself to a definite course of action with regard to the subject to which such decision pertains. It authorizes the District Secretary to post such a Notice in other circumstances. Whenever a Notice is posted pursuant to the Article, a request for reconsideration of said District commitment must be ·made within thirty (30) days of the date.of posting of the Notice. Enforcement. Government Code Section 87300 provides that any violation ot a local Code is a violation of Chapter 7 of Proposition (Title) 9. Chapter 11 of Proposition 9 provides the following penalties for violation of the Law. . . . 1. Willful violation is misdemeanor and, in addition to other misdemeanor penalties, the violator is liable for a fine equal to the greater of $10,000 or three times the amount not properly reported . . , -2- 2. Violation is subject to discipline by the·District, including dismissal. 3. Negligent violation subjects the violator to civil action for an amount equal to the amount not properly reported and for an amount up to three times of the amount of economic benefit. 4. A judicial action to enjoin the violation may be brought and if an official action is taken which ~he court determines might not otherwise have been taken or approved, the court may set aside the official action as void .. . .... -3-· I REFERENCE CHART Section in Source of Section in Source of Local Code Section* Local Code Section* 1.1 G 87300 First proviso G 82030 1.2 second sentence 1.3 Next to last 1.4 G 87303 paragraph G 82030(a) .l. 5 (a) G'82005 first sentence 1. 5 (b) R .18 7 0 0 (a) ( 2) Last paragraph G 82030(b) 1. 5 (c) 2. 5 (d) G 87302(b) 1. 5 (d) second sentence 1. 5 (e) G 87302(a) 2.5(e) G 87302(b) 1. 5 (f) G 87302(b) second sentence f ~ 5 (g) fir.st sentence 2.5(f) G 87302(b) second sentence 1. S(h) G 87302(b) 2·.6 . G 87302 (b) third sentence fourth sentence 1. 5 (i) 2.6(a) G 87206(c) ·2.1 G 87302(b) 2.6(b) G 87206 (a) first sentence 2.6(c) . G 87206(d) 2.2 R 18115 (a) 2.6(d) G 87206(£) ·2. 3(a) G 87302(b) 2.7 G 87302(b) I sixth sentence fourth sentence 2.3(b) G 87302(b) 2.7(a) G 87206 (b )" seventh sentence 2. 7 (b)" G 87206 (b) I .. 2.3(c) c· 87302 (b) 2.7(c)· G 87206 (a) eighth sentence ·2.7(d) G 87206 (d) • I 2.4 G 87302(b) 2.7(e) G 87206(f) i .... first $entence 2.8 ·G 87302(b) 2.5 G 87302(b) fifth sentence i second sentence 2.8(a) G 87207(a)(l) 2.5 (a) G 87302(b) 2.8(b) G 87207 (a) (1) I .. second sentence 2.B(c) G 87207(a)(2) J I 2.5(a)(l) G 82035 2.8(d) G 87207(a)(3) I · 2.5(a) (2) G"82033 2.8(e) G 87207(a)(4) first sentence 2. 8 (f)(l) G 87207 (b) (1) .2.5(~) (3) G 82033 2.8(f)(2) · G 87207 (b) (2) t First proviso G 82033 2.8(f)(3) G 87207(b)(3) f ·Second proviso G 87206(e) 2. 9 . G 87206 and 87207 t 2.5(b) G 87J02(b) 3.1· G 87302(c) second sentence 3.2 R 18700(b) 2.5(b) (1) G 82034 3.3 R 18700(c) ·first sentence 3.4 R 18700(d) and G 82035 3.5 . G 87302(c) 2. 5 (b)(2) G 82034 second sentence second sentence and G 87103 2.5{b)(3) G 82034 ~3.6(a) R 18702(a) First proviso G 82034 3.6(b) R 18702(b) fourth sentence 3.6(c) R 18702(c) Second proviso G 87206(e) 3.7 Last paragraph G 82034 third sentence -2.5(c) G 87302(b) -------~-----~---second sentence .. 2 •. s(c) (1) G 87302(b) *.Ga Government Code third sentence R a:r Regulations of the Fair 2.S(c) (2) G 87207(a)(l) Political Practices Commission 2.5(c) (3) G 82030(a) in Division VI. Title 2 of the · California Administrative Code ... •. WJML: RESOLUTION NO. --- A RESOLUTION SETTING TIME AND PLACE OF HEARING ON PROPOSED CONFLICT OF INTEREST CODE RESOLVED, by the Board of Directors of ~-~~------ District, ---------~----- ·county, California, as follows: .WHEREAS, Government Code Section 87300 requires every local government agency to adopt and promulgate a Conflict of Interest Code; WHEREAS, there has been presenteQ to this Board a proposed Conflict of Interest Code for this District', a copy of which is on file with the of the District; and ------- \WHEREAS, Governm~nt Code Section 87311 requires that the r~view and p~eparation of Conflict of Interest Codes shall be carried out under procedures which guarantee officers, employees, members, and consultants of the District and to residents of the· jurisdiction adequate notice and a fair opportunity to pres~nt their views; NOW, THEREFORE, it is hereby ORDERED: 1. That ~---~-~· the ~-day of ~---~~ 1976, at the hour of ___ o'clock _.M .. , in t.he regular meeting place of this Board, . , California, be~ and the same are hereby, appointed and fixed as the time and place when and '~here this Board. will consider and determine whether.the aforesaid. proposed Conflict of Interest Code shall be adopted. 2 •. That the of this District be, and is -------- hereby, directed to give notice of said hearing by publication of this resolution ~n full once.at least ten days prior to said hearing, in the ~~~------~~~-'------~~· a newspaper of general c~rculation in the District. 3. Thnt the ~~~~~~of this District be, and is hereby, directed to distribute one copy of this resolution together with one copy of the aforesaid Conflict of Interest Code to each person or persons holding positions· within the District enumerated in Exhibit "A" of said Code. 4. That the ~~~~~~~~ of this District.be, and is hereby, ·directed to file copies of said Conflict of Interest Code in the Di.strict office to be available for distribution to persons requesting the same. * * * * * ... (Certificate) . ,.· .. 2- 11391 ACACIA PARKWAY, P. O. BOX 1437 • JEFFERSON 4-3943 e GARDEN GROVE, CALIFORNIA 926-42 March 9, 1976 County Sanitation District No. 2 of Orange County P.O. Box 8127 Fountain Valley, California 92708 Attention: Fred Harper, General Manager Dear Fred: The Sanitary District is in the process of forming a Special Assessment District under the Street Improvement Act of 1911 or 1913 for the purpose of financing the construction of sewers to serve 21 homes constructed in Garden Grove on Ranchero Way and Ranchero Place in 1952. While reviewing the cost of this project, it was noted that the County Sanitation District fees totaled $4620, which represents over 46% of the estimated construction cost of $10,000. Because this is a low income neighborhood, the combina- tion of construction costs, fees, and incidental expenses would create an unusual financial hardship on the residents which may ultimately lead them to abandon the project; there- fore, after considering that these residents have been paying taxes to the County Sanitation District for a ntunbe:r of years without receiving any direct benefits, the Board of Directors of the Garden Grove Sanitary District voted unanimously at their last meeting to request the County Sanitation District to waive the connection fee of $220.00 per unit. In keeping with its policy to minimize the se1·;er c01mec- tion expenses to the users whenever unusual costs are incurred by them, the Sanitary District expects to waive its Sewer Service Use Fee. Your consideration in this matter '·rill be appreciated. BP/bf BOARD OF DIRECTORS RO!Jl:RT H. MAii~. ·P1U'.'e!t~e-N'f: WALTER M. nm:ssEL, G~ert~rt¥: DH. SHf:LUON s. SINGER: NORMAN E. C.ULVER: HODERT PERRY M E M 0 R A N D U M April 29., 1976 TO: Fred A. Harper., General Manager FROM: Ray E. Lewis, Chief Engineer SUBJECT: EIS/EIR for Facilities Plan Step 1 Grant COUNTY SANITATION DISTRICTS of ORANGE COUNTY, CALIFORNIA P.O. BOX 8127 108.C.C ELLIS AVENUE FOUNTAIN VALLEY, CALIFORNIA 92708 (71 ·0 5.C0·29 I 0 (71.C) 962·2.C 11 In March of 1975 the State along with the EPA offered a Step 1 Grant to preparethe facilities plan and EIR for the future facilities contemplated by the Sanitation Districts to meet the State and Federal requirements for wastewater discharges to the ocean environment. It is a requirement of the EPA to "author" an environmental impact statement whenever the anticipated or estimated cost of facilities are in excess of $10 million. The EPA has three choices for the preparation and finalization of an EIS which are as follows: 1. Preparation of an EIS with their own staff. 2. Contract directly with the consulting firm for the preparation of an EIS. 3. Authorize the grantee to contract for the EIS efforts under their guidance. Alternate No. 1 was not a feasible alternative inasmuch as the Re~ion IX staff is inadequate to handle the efforts involved with the preparation of the EIS and alternate No. 2 did not lend itself to the present procedures of the EPA because of budget regulations in certain areas. Alternate No. 3 is the most popular alternative which has been utilized by Region IX to cause the preparation and finalization of an EIS for major wastewater treatment facilities. · In March 1975 the Boards of Directors approved a contract with J. B. Gilbert and Associates to prepare an EIS in the amount of $60,000 based upon the scope of work as outlined in the memorandum of understanding with EPA attached to the Step 1 Facilities Planning Grant. This memorandum set forth n time schedule and scope of the work which indicated that the EIS should be completed in Fchruary of 1976. Since then, EPA has been faced with subsequent regulations which have expanded the scope of work included in the original memorandum of understanding. COMMITTEE AGENDA ITEM No. 4 Fred A. Harper April 29, 1976 Page Two In recent discussions with the EPA, the State and t'he Districts' consultant "J. B. Gilbert and Associates", it is estimated that the extended scope of work will add an additional $90,000 to the efforts required by the Districts' consultant hired on the direction of the EPA. Attached herewith is an outline as submitted by J. B. Gilbert and Associates for the additional work as required. It is now estimated that the public hearing on the EIS will be held no later than December 15th of this year with a publishing of the final EIS to be in February·of 1977. It should be pointed out that no additional capacities or improved treatment can be added until the EIS is completed. Also it has come to the Districts attention that a simil~r EIS for the Los Angeles County Sanitation District .... expended $250,000. In the original memorandum of understanding, the Districts' consultant, J. B. Gilbert and Associates, was not charged with the responsibility of printing of the final EIS document. It was originally contemplated that the District would handle the printing of around 300 copies of this EIS. The EPA has now requested that 1200 copies be printed in multiple colors which will cost approximately $35,000. Therefore, I recommend.that the contract with J. B. Gilbert and Associates be extended to include the additional scope of work and outline their direction by the EPA in the amount not to exceed $90,000 for services plus an additional amount of $35,000 for the printing and publication. REL:ss ,· ·~· ... ---.... ATTACHMENT 1 SUMMARY OF ANTICIPATED COSTS CSDOC EIR/EIS After May 1, 1976 •. ·Development of supplemental information and data requested by EPA for incorporation in the draft including: Marine biology Air quality Land use Institutional framework and mitigation measures Miscellaneous supplemental work Report preparation expenses including drafting and additional typing Printing of Draft EIR/EIS Contingency $ 6,000 3,000 6,000 5,000 5,000 15,000 -35,000 10,000 $ 85,000 Additional work on development of reclamation alternatives for incorporation into the Facili~ies Plan and EIR/EIS: Engineering Environmental assessment Total additional anticipated costs of preparing Draft EIR/EIS $ 10,000 5,000 $ 15,000 $100,000 Note: These costs do not include the preparation of responses to the com.~ents on the Draft EIR/EIS nor printing. Our experience has been that these costs are a minimum of $25,000 equally divided between reproduction of the Final EIS and professional time. The exact level of effort required should be determined by the District and EPA following the comment period. PI; l 1 11 ii I l :. ~ .".: I :_ I 1 :--d I H 't · r i I 1 ~ ~ ( ~ < ll l S l ti I; l 1 I I~ J. } -~. ( ~ j } ; 'I ' I\ ' ' ; t ~------------------------------------------------------------=·RICHARD BUFFUM ;. . . ! ~.-----------------------------The Sweet Flush of Success a government study which had Leen prepared years before, but had been pigeon-holed in some bureaucratic tiles. ':: The flush toilet, undoubtedly ·: one of ci\'ilization':> highest t achievements -as it combines in · a single device the virturrs of ,:·. comfort, convenic~ce, sanitation e and a peaceful retreat for literary !\ contemplation -has at last been II~ recognized for its only bad quality. ·.. It wastes water sh«mcfully. I:· t: Now that will be changed by a ~bill signed by Gov. Brown which :-limits new toilets installed after ~ · J 977 to using not more than 3112 ·:gallons per flu~h. That, in case you : haven't monitored it lately, is ~a bout one gallon less per flush : .. than the current a\'crage. :: · The magnitude of this reform :: can be understood when you • know that it will result in a state- : wide saving in tot'al household : ·water consumption of 40<;~,! In the ·~ case of Orange County alone, it ;'will not only prolong the useful 1 lin~s of our sewering facilities by : 35 to 40 years, but it will conscrv·e 1 about 4.1 million gallons of water per day. Although the toilet bill was . authorrd by Assemulyman 13arry i\cenc (D-~urcka), we actually have a Newport Beach man to honor for bringing the attention of the low Yolume flush toilet to the state. He is Lindsley Parsons. who a dccacle ago recognized the ines- timable merits of the low volume toilet, and began a lonely cam- paign for its universal recognition. Several years ago, when Par- sons was joint chairman of the Orange County Sanitation Districts, I had the pleasure of inspecting Parsons' pilot model .which was installed at the admin- i5trative office of the Sanitation Districts in Fountain Vallry. I was jmpresscd and \vrote about it at the time. · ·But, in fairness to a visionary pioneer, let's hear from Parsons telling about this historic toilet in his own words: "The tremcndolls amount of water consumed bv the common toilet had always i1:ritatcd me, so I brought the matter up before the district boards and appealed to our cngin(\crs to mnkc a study on alternate method3. "Some of the board members brought me literature on heat tr('atment and circubting pumps utilizing suction methods. Finally, one of our consultant-, discovered , ; 2 Sun., Apr. 11, 1976 R "This survey had all the infor- mation on household water con- servation we needed. and I per- suaded the·management to in~tall the facility with an att1chcd water meter." Needless to say, the experiment was successful. A nw11bcr of Orange County cities were per- suaded to amend their building codes to permit the less w~:~lt'·ful facilities. In time, county sup(·n 1- sors amended the county ordi- nances. With all due respect to Keene for his legislation, I believe that a grateful populace Bhould not lose sight of the fact that Lindsley Parsons is the actual father, as il were, of the new law. To this end, it is proper, I think, that Parsons should be honored in some way -not with a testi- monial dinner and then forgotten -that will perpetuate his name · among future generations. Per- haps some great company, like American Standard, would con- sider naming their model appro- pri.:itcly. M E M 0 R A N D U M April 29, 1976 TO: Fred A. Harper, General Manager FROM: Ray E. Lewis, Chief Engineer SUBJECT: EIS/EIR for Facilities Plan Step 1 Grant COUNTY SANITATION DISTRICTS of ORANGE COUNTY, CALIFORNIA P.O. BOX 8127 10844 ELLIS AVENUE FOUNTAIN VALLEY, CALIFORNIA 92708 (714) 540-2910 (714) 962-2411 In March of 1975 the State along with the EPA offered a Step 1 Grant to preparethe facilities plan and EIR for the future facilities contemplated by the Sanitation Districts to meet the State and Federal requirements for wastewater discharges to the ocean environment. It is a requirement of the EPA to "author" an environmental impact statement whenever the anticipated or estimated cost of facilities are in excess of $10 million. The EPA has three choices for the preparation and finalization of an EIS which are as follows: 1. Preparation of an EIS with their own staff. 2. Contract directly with the consulting firm for the preparation of an EIS. 3. Authorize the grantee to contract for the EIS efforts under their guidance. Alternate No. 1 is not a feasible alternative in as much as the Region IX staff is inadequate to handle the efforts involved with the preparation of the EIS and alternate No. 2 does not lend itself to the present procedures of the EPA because of budget regulations in certain areas. Alternate No. 3 is the most popular alternative which has been utilized by Region IX to cause the preparation and finalization of an EIS for major wastewater treatment facilities. In March 1975 the Boards of Directors approved a contract with J. B. Gilbert and Associates to prepare an EIS in the amount of $60,000 based upon the scope of work as outlined in the memorandum of understanding as attached to the State Step 1 Grant. This memorandum of understanding set forth a time schedule and scope of work which indicated that the EIS should be completed in February of 1976. Since that time, the EPA has been faced with subsequent regulations which have expanded the scope of work which was included in the original memorandum of understanding. COMMITTEE AGENDA ITEM No. 4 Fred A. Harper April 29, 1976 Page Two In recent discussions with the EPA, the State and the Districts' consultant "J. B. Gilbert and Associates", it is estimated-that the extended scope of work will add an additional $90,000 to the efforts required by the Districts' consultant hired on the direction of the EPA. Attached herewith is an outline as submitted by J. B. Gilbert and Associates for the additional work as required. It is now estimated that the public hearing on the EIS will be held no later than December 15th of this year with a publishing of the final EIS to be in February·of 1977. It should be pointed out that no additional capacities or improved treatment can be added until the EIS is completed. Also it has come to the Districts attention that a similar EIS for the Los Angeles County Sanitation District ,.. .-· --- expended $250,000. In the original memorandum of understanding, the Districts' consultant, J. B. Gilbert and Associates, was not charged with the responsibility of printing of the final EIS document. It was originally contemplated that the District would handle the printing of around 300 copies of this EIS. The EPA has now requested that 1200 copies be printed in multiple colors which will cost approximately $35,000. Therefore, I recommend that the contract with J. B. Gilbert and Associates be extended to include the additional scope of work and outline their direction by the EPA in the amount not to exceed $90,000 for services plus an additional amount of $35,000 for .the printing and publication. REL:ss -' . ATTACHMENT 1 SUMMARY OF ANTICIPATED COSTS CSDOC EIR/EIS After May 1, 1976 Development of supplemental information and data requested by EPA for incorporation in the draft including: Marine biology Air quality Land use Institutional framework and mitigation measures Miscellaneous supplemental work Report preparation expenses including drafting and additional typing Printing of Draft EIR/EIS Contingency $ 6,000 3,000 6,000 5,000 5,000 15,000 35,000 10,000 $ 85,000 Additional work on development of reclamation alternatives for incorporation into the Facilities Plan and EIR/EIS: Engineering Environmental assessment Total additional anticipated costs of preparing Draft EIR/EIS $ 10,000 5,000 $ 15,000 $100,000 Note: These costs do not include the preparation of responses to the comments on the Draft EIR/EIS nor printing. Our experience has been that these costs are a minimum of $25,000 equally divided between reproduction of the Final EIS and professional time. The exact level of effort required should be determined by the District and EPA following the comment period. 11391 ACACIA PARKWAY, P. 0. BOX 1437 e JEFFERSON 4-3943 e GARDEN GROVE, CALIFORNIA 926"2 March 9, 1976 County Sanitation District No. 2 of Orange County P.O. Box 8127 Fountain Valley, California 92708 Attention: Fred Harper, General Manager Dear Fred: The Sanitary District is in the process of forming a Special Assessment Di~trict under the Street Improvement Act of 1 911 or 1 913 for the purpose of financing the construction of sewers to serve 21 homes constructed in Garden Grove on Ranchero Way and Ranchero Place in 1 952 . While r eviewing the cost of this project, it was noted that the County Sanitation District fees tot aled $4620, which represents over 46% of the estimated construction cost of $10,000. Because this is a low income neighborhood, the combina- tion of construction costs, fe e s, and inc ident al expenses would create an unusual financial hardship on the re s idents which may ultimately l e ad them to abandon the project; there - fore, after considering that these reside nts have been paying taxes to the County Sanitation District for a number of years wi thout receiving any direct benefits, t h e Board of Directors of the Garden Grove Sanitary District voted unanimously at their last meeting to request the County Sanitation District t o waive the connec t ion fee of $220 .00 per unit. In keeping with its policy to minimize the s e we r connec - tion expenses to the users whenever unusual c o sts a r e incurre d by the m, the Sanitary District e xpects to waive i t s Se we r Ser v ice Use Fee . Your consideration in this ma t ter will be appreciated. Very ,;tru7y y~u , f/f ;-----/ /IA L--~etry ' r e'-c(;orr BP/bf BOARD OF DIRECTORS ROB ERT H . MAIN, PIU!81Dl!ln"; WALTER M. BRESSEL, ~HAB'l',.,AY : DR. SHELOON S. S INGER; NORMAN E . CULVER : ROBERT PERRY n. ... WJML:SSW:ra 1/21/76 Rev. 2/2/76 CONFLICT OF INTEREST CODE OF THE ARTICLE !--GENERAL PROVISIONS Section 1.1. Authority. This Code is adopted pursuant to, ' -and in implementation of, Article 3 (conunencing with Section 87300) of Chapter 7,. Title 9 of the Government Code of the State of California. Section 1.2. Effect. This Code is in addition to State and local laws pertaining to conflicts ·of interest of District officers and employees and is not intended to abridge or otherwise modify such laws. Section 1.3. Severability. If any article, section, subsec- tion, paragraph, subparagraph, sentence,_ clause or phrase of this Code is for any reason held to be invalid, unconstitutional or Unenforceable, such decision shall not a~fect the validity of the r~maining portions of this Code. The District declares that it would have adopted this Code and each article, section, subsection, ·paragraph, subparagraph, sentence, clause and phrase thereof irrespective of the fact any one or more of such portions of this Code be declared invalid, unconstitutional or unenforceable. Section 1.4. Effective Date.· ·This Code shall take effect upon its approval by the Board of Supervisors of the County. Section 1.5. Definitions. As used in this Code, unless the context otherwise clearly implies, the following words and terms shall have the meanings set forth herein. (a) Business entity. "Business entity" means any organization or enterprise operat~d for .profit, _including but not limited to a proprietorship, partnership, firm, business trust, joint venture, syndicate, 'corporation or association. (b) Consultant. "Consultant" means a p~sition established by contract with the District pursuant to which contract information, advice, recommendation or counsel is provided to the District; provided, however, that "consultant" shall not include a position in which the person providing such information, advice, recommend- ation or counsel: (1) conducts research· and arrives at conclu- sions with respect to his or her rendition of information, . . advice, recommendation or counsel independent of the control and direction of the District or of any District official, other than normal contract monitoring; and (2) possesses no authority with respect to any Dis.trict decision beyond the rendition of information, advice, reconnnendation or counsel. · (c) County. "County'~ means the county in whiGh this District is located. (d) . Designated employee. "Designated employee" means a natural person holding, or representing a business entity which h~lds, a designated position. . ,.;· (e) Designated position. "Designated position" means a position within the District specified in Exhibit "A" attached hereto. Designated positions are deemed to involve the making or participation in the making of decisions which may foreseeably have a material effect on a financial interest of the designated employee holding such position. (f) Disclosure statements. "Disclosure statements" mean st~tements disclosing reportable interests required, by Section 2 .1, to be filed by designated employees. ·(g) District. "District" means this District. (h) Reportable interests. "Reportab~e interests" mean investments, interests in real property and income required to be disclosed by designated employees. "Reportable interests" -2- as to any particular designated employee means those. categories_ of such interests assigned, by Exhibit "A" attached hereto, to the designated position held by such employee. "Reportable interests' as to any particular employee are deemed by said assignment to be affected foreseeably and materially by any decision made or parti- cipated in by the designated employee by virtue of his or her position. (i) Secretary. "Secretary" means that officer of . . .. . this District responsible for Di~tri~t files and records. ARTICLE !!--DISCLOSURE Section 2.1. Disclosure Statements. Each designated· employee .shall file an initial statement and annual statements disclosing those reportable interests in the category or categories of reporta~le interests, more particularly described in Section 2.5, which are assigned by Exhibit "A" hereof to the designated position -held by such c~ployee. In the event a designated employee does not have any such reportable interests, such statements n~ed not be filed. Such statements shall be filed at the place specifi~d in Section 2.2 and at the times specified. in Section 2.3 and Section 2.4, shall contain the information specified in Section 2 .. 6 through Section 2.8, and shall be in the form specified in Section 2.9. Section 2.2. Place of Filing. Disclosure statements shall be filed, ~n the original, with the.Secretar~, who shall receive such statements on behalf of the District. The Secretary shall make and retain a copy of each disclosure· statement so filed and shall forward the original thereof to tbe Board of Supervisors of the County. Section 2.3. Time of Filing Initial Statements. (a) In General. Each designated employee havin~ reportable interests shall file an initial disclosure statement within thirty· (30) days after the effective date of this Code. -3- (b) Civil Service Employees. Each civil service employee who assumes a designated position· more than thirty (30) days after the effective date of the Cod~ and who has reportable interests at the time of assuming ·such position shall file an initial disclosure statement within thirty (30) days after assuming such position. (c) Other Employees. Each employee who is not a civil service employee, who assumes a'designated position more .. . ~ban thirty (30) days after the effective date of this Code, and ./· -who has reportable interests at the time of assuming such position .shall file an initial disclosure statement not less than ten (10) ·days before assuming such position, unless an earlier assumption .of such position is required, in which event, the initial disclosure .statement shall be filed within 30 days of assuming the designated position. Section 2.4. Time of Filing Annual· Statements. An annual ~disclosure statement shall be filed in the month of February of each year by each designated employee who acquired. received or held a reportable interest during the preceding calendar.year whether or . not such reportable interest was disposed of during such calendar year and whether or not the designated employee ·filed an initial ·:.Statement pursuant to Section 2.3. Section 2.5. Categories of Reportable Interests. Reportable ·interests are divided into the following categories: (a) Category I: Interests in Real Property. Interests in real property are reportable interests if: (1) the real property to.which the interest ~pertains is located in part or in whole,(A) within the boundaries of the District, (B) within two miles of the boundaries of the District, -or (C) within two miles ~f land located outside-of the boundaries of the District which is owned or· used by the District; (2) the fair market value of the interest of the ·designated employee or his or her spbuse is greater than One Thdusand -4- ·~ Dollars ($1,000); and (3) the interest is either: (A) a leasehold, beneficial or ownership interest held by the designated employee or his or her spouse, (B) an option held. by the designated employee or his or her spouse to acquire such an interest,· or (C) an interest or option held by a business entity or ~rust in which the designated . employee or his or her spouse owns directly, i.ndirectly or benefi- cially, a ten ·percent (10%) interes~ or greater;·provided, however, that~in the event that the ownership interest of the designated employee or his or her spouse in such business entity or trust is less than fifty percent (50%), the value, for the purpose of para- graph (2), of the real property interest or option relates to the value of the pro rata share of the designated employee or his or her spouse in the real property interest or option held by the business ·entity or trust; and provided further, that in the event that the ownership iriterest of the designated employee or his or her spouse in such business entity or trust is fifty percent (50%) or more, the value, for the purpose of paragraph (2), of the real property interest or option relates to the entire value of the real property interest or option held by the business entity or trust. (b) Category II: Investments. Investments in business entities are reportable if: (1) the business entity, including parent corpora- tions, subsidiary corporations or otherwise related business entities, (A) has an interest in real property located in part or in whole within the boundaries of the District, within two miles thereof or within two miles of land. owned or used by the District, (~) does business or plans to do business within the District, or (C) has done business within the District at any time.during the ~wo years.prior to the time that the disclosure statement-of the designated employee is filed; (2) the fair market value of the investment of -5- . ------- the designated employee or his or her spouse is greater than One Thousand Dollars ($1,000); and (3) ~he investment either (A) is held by the desig- nated employee or his or her spouse and constitutes a financial interest in, or security issued by, the business en~ity, including but not limited to common stock, preferr~d s·tock, rights, warrants, options, debt instruments and any partnership or other ownership interest; or (B) is held by any _business entity or trust in which the designated employee or his or her spouse owns, directly, indirectly or beneficially,· a ten percent (10%) interest or greater, and con- stitutes a financial interest in, or security· issued by, a business entity qualifying under paragraph (2) above, provided, however, that in the event that the ownership interest of the designated employee or his or her spouse in su~h business entity or trust is less than fifty percent (50%), the value, for the purpose of· paragraph (2)_, of the investment relates to the value of the pro rata share of the designated employee or his or her spouse in the investment held by the busi~ess entity or trust; and provided further, that in the event that the ownership intere.st of ~he desig- nated employee or his or her spouse in such business entity or trust is fifty percent (50%) or more,· the value, for the purpose of paragraph (2), of the investment relates to the entire value of the investment held by_the business entity or_ trust. An investment is not -~eportable if it constitutes a time or demand deposit in a financial institution, a share in a credit union, an insurance policy, or a bond or other debt instru- ment issued by any government or government agency. (c) Category III: Sources of Income. Sources of income are reportable if: (1) the source of income was eit~er (A) a business entity located o~ doing business as described in subsection (b) {l) (B) an individual residing.within the District, or (C) a non-profit -6- association or corporation having its principal place of business within the District; (2) either (A) the aggregate amount of income received by the designated employe.e or his or her _spouse from the source during the period covered by the disclosure· statement was Two Hundred Fifty Dollars·· ($250) or more in value, or (B) if the . income was a gift received by the· designated employee or his or her spouse from the source during the pe!iod covered·by the disclosure statment, the value of the gift was Twenty-Five Dollars ($25) or mo.re; and (3) the income was either received by (A) the designated employee or his or her spouse, o~ (B) received by any business entity or trust in which_ the desisnated.employee or his or her spouse owns, directly, indirectly or beneficially, a ten percent (10%) interest or greater, provided, however, that in the event that the income is received by a business entity described in this paragraph (B), the value, for the purpose of paragraph (2), of the income relates to the pro rata share of the designated employee or his or her spouse in the income of the business entity or trust.· Income includes, except to the ~xtent excluded by . this subsection, income of any nature from any source, including but not limited to any salary, wage, advance, payment, dividend, interest, rent, capital gain, return of capital, gift (including any gift of food or beverage), loan, forgiveness or payment of indebtedness, discount in the price of anything of value unless the discount is available to members of.the public without regard to official status, rebate, reimbursemen~ of expenses, per diem, or con~ribution to an insurance or pension program pa~d by any person other than an employer. Income does not include: (1) campaign contributions ~ required to be reported under Chapter 4 (commencing with Section 84100) of Titl~ 9 of the Government·Code; (2) salary and reimburse- -7- ment for expenses or per diem received from a state or local govern- ment agency and reimbursement for travel expenses and per diem received from a bona fide educational, academic or charitable organization; (3) gifts of informational _material, such as books,. pamphlets, reports, calendars or periodicals; (4) gifts which are not used and which, within thirty days ~f~er receipt, are returned to.the donor or delivered to a charitabie organization without being claimed as a charitable. contribution for tax purposes; . (5) gifts from an individual's -spouse, ·child, parent, grandparent, grandchild, brother, sister, .parent-in-law, brother-in-law, sister- in-law, aunt, uncle, or first cousin or the spouse of any such person; provided that a gift from any such person shall.be considered income if the donor is acting as an agent or intermediary for any person not covered by this paragraph (5); (6) any devise or inheri- tance; (7) interest, dividends or premitnns on a time or demand deposit in a financial in$titution, shares in a credit union or any insurance policy, payments received under any insurance policy, or any b"ond or other debt inst~ument issued by any government or government agency; and (8) dividends, interest or any othe~ return on a security which is registered with the Securities and Exchange Gonunission of the United States Government. (d) Category IV: Supply Sources. Category IV includes investments included. in Category.II in bu~iness entities described therein, and income included in Categ.o~y III from business entities described therein, if such business entities manufacture or sell supplies, machinery or equipment of the type utilized by the District. (e) Category V: Contractors. Category V includes investments included.in Category II in busi.ness entities described therein, and income included in Category III from.business entities described therein; if such business entities are contractors or subcontractors engaged in ~he performance of work or services of -8- the type utilized by the District. (f) Category VI: Financial Institutions. Category VI includes investments included in Category II in business entities described therein, and income included in Category III from business entities therein, if such business entities constitute banks, saving and loan associations, insurance companies, investment companies, title companies, financial consultants or data processing firms. Section 2.6. Content of Pisclosure Statements; Category I. Disclosure statments required to be ~iled for reporta?le interests specifie~ in Category I shall contain the following information: (a) The address or other precise location -of the real property; (b) A statement of the nature of the interest in 'the real property; · (c) When the real property is not used principally as the.residence of the designated employee making the filing, a statement of whether the fair market value of .the interest exceeds Ten.Thousand Dollars ($10,000) and whether it exceeds ·0ne Hundred Thousand Dollars ($100, 000); and ... (d) In the case of an interest in real property wholly or partially acquired during the period covered by an annual disclo- sure statement, the date of acquisition and, if such interest in such property was disposed.of during such period, the date of dis- position. Section 2.7. Content of Disclosure Statements; Category II .and Related Categories. Disclosure statements required to be filed for reportable interests specified in Category II and investments specified in Categories IV, V and VI shall contain the following information: (a) The name and address of the business entity in which each investment is held; (b) A general description of the business activity in which the business entity is engaged; -9- (c) A statement of the nature of the investment; (d) A statement of whether the fair market value of ·the investment ·exceeds Ten Thousand Dollars ($10,000) and whether it exceeds One Hundred Thousand pollars ($100,000); and (e) In the case of investments wholly or partially acquired during the period covered by an annual disclosure state- ment, t~e date of acquisition and, if ~uch interest in such property was disposed of during such period, the date of disposition. Sectio~ 2.8. Content of Disclosure Statement; Category III and Related Categories. Except as to an initial disclosure state- ment for which income sources need not be reported,disclosure statements required to be filed for reportable interests specified in Category III and income sources specified in Categories IV, V and VI shall contain the following tnformation: (a) The name and address of each source of income; (b) A general .description of the business activity, if any, of each source; (c) A statement. whether the aggregate value of income from each source was greater than One Thousand Dollars ($1,000), and whether it was greater than Ten Thousand Dollars ($10,000); (d) A description of the consideration, if any, for which the income was received; (e) In.the case of income con~tituting a gift, the amount and the date on which the gift ~as received; (f) . In the case of income of a business entity, in which the designated employee or his or her spouse owns a ten percent·(l0%) interest or more: (1) name and address and a general description of the business activity of the business e!ltity; (2) if such business entity provides legal or brokerage service·s, the name of every natural person, non-profit association or corporation· and business entity who paid.fees to such business entity if the pro rata share of the designated -10- employee or his or her spouse of such fees was One Thousand Dollars ($1,000) or more; and (3) if such business entity does not p~ovide legal or brokerage services, the name of every natural person, .non-profit association or corporation, and business .entity from whom such business entity received payments if the pro rata share of the designated employee or his or her spouse of gross receipts from such person, non-profit association or corporation, or business entity was Ten Thousand Dollars ($10·, 000)' or more during any calendar year partially or wholly covered by the disclosure statement being filed. Section 2.9. Form of Disclosure Statements. Disclosure statements required to be filed hereunder for any category of ·reportable interests shall be substantially in the form set forth for such category in Exhibit "B" attached hereto .. ARTICLE III--DISQUALIFICAT!ON Section 3.1. General Rule. Designated employees shall disqualify themselves from making or participating in the making of any governmental decision when it is reasonably foreseeable that a financial interest of the designated employee may be materially affected by the decision. A designated employee shall not be required to disqualify himself with respect to any matter which could not be legally.acted upon or _decided without his participation. Section 3.2. Making Governmental Decisions; Actions Included. A designated employee makes a governmental decision within the meaning of this Article, when he or she, acting within the authority of his or her position: (a) Votes on a matter; (b) Appoints a person; (c) Obligates or commits the District to any course of action; -11- . (d) Enters into any contractual agreement on behalf of the District; or (e) Determines not to act, within the meaning of subsection (a) through subsection (d), unless such determination is made because of his or her financial interest_. When the determination not to act occurs because of his or her financial interest, the designated employee's determina- tion must be accompanied by disclosure of the financial interest made part of the District's official records, or made in writing to designated employee's supervisor or appointing power. Section 3.3. Participating in Decisions; Actions Included. A designated employee participates in the making .of a governmental decision within the meaning of this Article, when he or she, acting within the authority of his or her position: (a) Negotiates in any manner with a governmental entity or.private perscn regarding the decision; (b) Conducts research or investigations regarding the decision; (c) Prepares any report, analysis, or opinion regarding the decision; (d) Participates in any governmentai discussions or debates regarding the decision; or (e) Advises or makes recotmnendations to the decision- maker. Section 3.4. Making or Participating in Decisions; Actions Excluded. Making or participating in the making of a governmental decision as used in this Article shall not include: (a) Actions of a designated employee which are solely ministerial, secretarial, manual, or cler~cal; · (b) Appearances by a designated employee as a member of the general public before an agency in the course of its pre- scribed governmental function to represe~t himself or herself on -12- matters related solely to his or her personal interests; or (c) Actions by a designated employee relating to the compensation or the terms or conditions of his or her employ- ment or contract. Section 3.5. Financial Interest. A financial interest as used in this Article means: (a) A direct or indirect interest in real property as described in Section 2.5(a) if such interest is worth more ... than One Thousand Dollars ($1,000); (b) A direct or indirect investment as described in Section 2.5(b) if such investment is worth more than One Thous?nd Dollars ($1,000); (c) A source of income as described in Section 2.5(c), other than a loan by a commercial lending institution in the · regular course of business, if such income aggregates Two Hundred Fifty Dollars ($250) or more in value received by or promised to the designated employee within twelve (12) months prior to the time when the decision referred to in Sec~ion 3.1 is made; or (d) A business entity if the designated employee is a director, officer, partner, trustee or employee or holds any position of management therein. For the purpose of this Section, indirect investment or interest means any investment or interest owned by the spouse or dependent child of a designated employee, by an agent on behalf of a designated employee, by any husiness entity controlled by the designated employee or by a trust in which he has a substantial interest. A business entity is controlled by a designated employee if the designated employee, his agent, spouse and dependent children . . hold more than fifty percent (50%) of the ownership interest in the entity. A designated employee has·· a substantial. 'interest in a trust when the employee, his spouse and dependent -children have a prPsent or future interest worth more than One Thousand· Dollars ( $1 . l100) . .1 ·.-... Section 3.6. Affected Materially. (a) Standard of Determination. The financial effect of a governmental decision on-a financial interest of .a designated employee is material if, at the time the designated employee makes or participates in the making of a decision, in light of all the circumstances and facts known at the time of the decision, the d~signated employee knows or ha~ reason to know that the existence ?f the financial .interest might interfere with the designated employee's performance of his or her duties. in an impartial manner.free from bias. (b) Circumstances to be Considered. In determining the existence of a material effect upon a financial interest, the designated employee shall consider relevant factors, in~luding but not limited to the following: (1) In the. case of any real property in which the designated employee has a direct or indirect interest worth more than One Thousand Dollars ($1,000): (A) whether the effect of the decision will be to increase the income-producing potential of the real property by One Hundred Dollars ($100) or a five percent · (5%) per month, whichever is less; and (B) whether the effect of the decision will be to increase the fair market value of the real property by One Thousand Dollars ($1,000) or more or by five percent (5%). whichever is greater. (2) In the case. of a business entity in which the designated employee has a direct or indirect investment worth' more than One Thousand Dollars ($1,000), or in the case of a designated employee who is a director, officer, partner, trustee, employee, or holds any position of management ina business entity: (A) whether the effect will be to increase or decrease the annualized gross revenue of the business entity by one percent (1%) or more or the annual net income of the business e~tity by five ~ercent (5%) or more; and (B) whether the effect of the decision will be to increase or decrease the assets or liabilities of the business e~tity by -14- Fifty Thousand Dollars ($50,000) or more, or by five percent (5%) of its current assets or liabilities, whichever is less. (3) In the case of a source of income of a desig- nated employee (other than a loan·by a conrrnercial lending institu- tion in the regular course of business) aggregating· Two Hundred Fifty Dollars ($250) or more in value received by or promised to the designated employee within twelve (12) months prior to the time when the decision is made: (A) whether, if the source of income is a business entity, the decision will affect such business entity irr the manner des.cribed in subsection '(2) above; (B) ·whether the governmental decision will directly affect the amount of income to be received by the designated employee; and -(C) whether there is a nexus between the governmental decision and the purpose for which the designated employee receives income. The specific dollar or percentage amounts set forth . . in this subsection do not constitute either absolute maximum or minimum levels, but are merely intended to provide guidance and should be considered along with other relevant factors in determining whether a financial interest may interfere with the designated employee's exercise of his or her duties in rendering a decision. (c) Excluded Circumstances. The making or participation in the making of a governmental decision by a person acting under contract in the position of consultant or by a person retained to provide information, advice, recormnendation or counsel has no material financial effect on a business entity or source of income in which such person acting under contract in the position of consultant, or person retained to provide~ information, advice, recommendation or counsel is an officer, ·employee, sole proprietor or partner, if the only financial effects of the decision are the modification, perpetuation or ·renewal of the contractual or retainer agreement and/or the opportunity to bid competitively on a project or contract. -15- Section 3.7. Notice of Action T£ken. (a) Mandatory Posting of Notice of Action Taken. If a designated employee· disqualifies himself or herself from the making of a decision, or participation in a decision, upon a particular subject, and if the District subsequently commits itself to a definit~ course of action with regard to said subject, then the Secretary shall post a Notice of Action Taken as soon as is practicable following such commitment. Said Notice shall be substantially fn the form set forth in Exhi- bit "C" attached hereto and by refer.ence . incorporated herein and shall be conspicuously posted on· or near the door of -the regular meeting place of the governing body of the District. (b) Discretionary Posting of Notice of Action .. In the event that the District commits itself to a definite course of action with regard to any subject and no disqualification has occurred, the governing body may direct the District Secretary to post the Notice described in subsection (a) at the time and place set forth in said subsection. · (c) Request for Reconsideration: · Time of Filing; Effect of Failure to File. In the event that a Notice has been posted pursuant to subsections (a) or (b), a written request for reconsideration or disapproval of any District commitment on the ground of existence of a conflict of interest of a designated employee shall be filed with the District Secretary within thirty (30) days of the posting of said Notice. In the event that such a request is not filed, said commitment and all decision made with regard thereto shall be final and conclusive. (d) Reconsideration Upon Filing of Request Therefor. In the event that a request is filed with the District Secretary pursuant to subsection (c) hereof, the Secretary shall direct said request to the District governing body, officer or employee respon- sible for the District commitment in question and·said body, officer or employee shall cause said commitment to be reconsidered . .. 16- . EXHIBIT "A" Designated Positions ·Categories 1. Directors I, II,· III 2. Manager I, II, III 3. District Engineer I, II, v 4. General Counsel I, II, III 5. Secreta_ry IV 6. Treasurer . VI 7. Purchasing Agent IV 8. Construction Superintendent v 9. Treatment Plant Operator IV 10. Waste Disposal Operator IV 11. Right .of Way Agent I 12. Consultants* I, II, III .. · I *The word "consultant" is defined in Section l.S(b). A position nominally known as a consultant to the District is not a designated position herein unless such definition is satisfied. Thus, a "financial consultant", an "eneineering consultant" and a '.'bond counsel" in many instances will not be a consultant herein. Determinations hereunder shall be made by the governing body of the District. EXHIBIT "B" DISTRICT --~~-~-~~---~- DISCLOSURE STATEMENT CATEGORY !--INTERESTS IN REAL PROPERTY PLEASE NOTE: Before completing this statement, read ·section 2.S(a) of the Conflict of Interest Code of this District. ·such Section describes and limits the items required to be disclosed herein. (A~tach additional pages if needed.) A. Designat~d position=~-----~-----~-----~-~ B. Name of designated empl9yee: ~~~---~~---~~~--~ C. Address or precise location of each parcel of real property: Parcel 1: -----------------------~ D. Nature of interest i~ each parcel of real property (including whether the interest is held by you, your spouse or a business entity or trust in which you or your s_pouse own a ten percen~ interest or more): E. Ifthe real_property does not ·constitute your principal residence, does the fair market value of such property exceed $10,000? Parcel 1: Yes No ------- Parcel 2: Yes No ------ Parcel 3: Yes No ------ F.· If the real property does not constitute your principal residence, does the fair market value--of such property e~ceed $100,000? Parcel 1· .. Yes No Parcel 2: Yes No --- Parcel 3: Yes No -i- FORM I •It G. If this disclosure statement is an annual, rather than an initial, statement and if the interest in the real property was wholly or partially acquired during the period covered by the statement, give the date of acquisition of such interest and the date of disposition, if any. Parcel l: Acquisition Date: Disposition Date: Parcel 2: Acquisition Date: Disposition Date: Parcel 3: Acquisition Date: Disposition Date: STATE OF.CALIFORNIA ) ) SS County of _____ ) The undersigned, ·perjury, certifies as follows: under penalty of . That (s)he has used all reasonable diligence in the preparation of the foregoing Statement and that to the best of (his) (her) knowledge it is true and complete. Signature: ------------------~----------------- Received by District on ~-----------------• 19~ By: _T_i_t~l-e-:------------------------~ FORM I •. DISTRICT ----------------------------- DISCLOSURE STATEMENT CATEGORY !!--INVESTMENTS PLEASE NOTE: Before completing this statement, read Section 2.S(b) of the Conflict of Interest Code of this District. Such Section describes and limits the items required to be disclosed herein. (Attach additional pages if needed.) B. Name of designated employee: __________________________________ ~ C. Name· and address of the business entity in which each investment is held. D. General description of the business activity in which the business entity is engaged. E. Nature of each investment (including whether the investment is held by you, your spouse, or a business entity or trust in which you or your spouse own a ten percent interest or more): Investment 1: ----------------------------------~---------------------- F. Does the fair market value of the investment exceed $10,000? Investment 1: Investment 2: Investment 3: Yes ------Yes Yes --- -i- FORM II ___ No __ No ___ No G. Does the fair market value of the investment exceed $100,000? Investment 1: Investment 2: Investment 3: Yes ---Yes Yes --- No No ---No H. If this disclosure statement is an annual, rather than an initial, statement and if the investment was wholly or partially acquired during the period covered by the statement, give the date of acquisition of such investment and the date of disposi- tion, if any. Investment 1: Acquisition Date: Disposition Date: Investment 2: Acquisition Date: Disposition Date: Investment 3: Acquisition Date: Disposition Date: STATE OF CALIFORNIA ) ) SS County of ) The undersigned, perjury, certifies as follows: under penalty of That (s)he has used all reasonable diligence in the preparation of the foregoing Statement and that to the best of (his) (her) knowledge it is true and complete. Signature:--------~~~~--~~~~~--------~ Received by District on By: ~T~i-t_l_e_:--------------------------~ -ii- FORM II I . I I l DISTRICT --~~~~~~~~~~ DISC~OSURE STATEMENT CATEGORY III--INCOME PLEASE NOTE: Before completing this statement, read -Section 2.S(c) of the Conflict of Interest Code of this District. Such Section describes and limits the items required to be disclosed herein. (Attach additional pages if needed.) A. Designated position: ~~~~~~--~~~~~~~~~~~~~~~ B. Name of designated empl~yee:~~~~~~~~~~~~~~~~~~ C. Name and address of each source of income: D. General.description of the business.activity of e~ch scurce of income: E. Was the aggregate value of income from the source greater than $1,000? Source 1: Yes No Source 2: Yes No Source 3: Yes No F. Was the aggregate Vqlue of income from the source greater than $10 t 000? . Source 1: Yes No Source 2: Yes No Source 3: Yes No G. Describe the co.nsideration, if any, for which the income was received. Source 1: ~~~~~~~~~~~~~~~~~~~~~~~~~ -i- FORM III H. Set forth the amount and the date of receipt of each gift. Gift 1: , 19 ; $ _______ _ Gift 2:----------, 19-; $ Gift 3: , 19=; $ _______ _ Complete items I through L below where the income of a business entity in which you or your spouse own a ten percent interest or more, is being reported: I. Name and address of each business entity. Business Entity l:~~~~~~~~~~~~~~~~~~~~ J. General description of the business activity of each business entity. Business Entity l: _____________________ _ Business Entity 3 =--------------------- K. If such business entity which provides legal or brokerage services, set forth the name of every natural person, non-profit association or corporation and business entity who paid fees to such business entity if you or your spouse's pro rata.share of such fees was $1,000 or more. Business Entity 2: _____________________ _ Busines·s Entity 3: ____________________ _ L. If such business entity does not provide legal or brokerage services, set forth the name of every natural person, non-profit association or corporation, arid business entity from whom such business entity received payments if you or your spouse's pro rata share of gross receipts from such person, non-profit association or corporation, or business entity was $10,000 .. 11- FORM III or more during any calendar year partially or wholly covered by this statement. Business Entity 1:~~~~~~~~~~~~~~~~~~~ STATE OF CALIFORNIA ) ) SS County of ) The undersigned, perjury, certifies as follows: ....-T-a-~~~~~~~~~~~~ , under penalty of That (s)he has used all reasonable diligence in the preparation of the foregoing Statement and that to the best of (his) (her) knowledge it is true and complete. 'Signature: ~~~~~~~~~~~~~~~~~~ Received by District on ~~~~~~~~~- 19 -iii- FOR.~ III r DISTRICT -------------~~ DISCLOSURE STATEMENT CATEGORY IV--SUPPLY SOURCES PLEASE NOTE: Before completing this statement, read Section 2.5(d) of the Conflict of Interest Code of this District. Such Section describes and limits the items required to be disclosed herein. (Attach additional pages if needed.) A. Designated position: ~~~~~~~~~~~~~~~~~~~~~~ B. Name of designated employee: ~~...._~~~~~~~~~~~~~~~ C. Name and addr.ess of the business entity in which each investment is held: D. General description of the business activity in which the business entity is engaged: E. Nature of each investment (including whether the investment is held by you, your spouse, or a business entity or trust in which you or your spouse own a ten percent interest or more): F. Does the fair market value of ·the. investment exceed $10, 000? Investment 1: Investment 2: Investment 3: Yes ---Yes Yes -i- FORM IV No ---No No --- M. Describe the consideration, if any, for which the income was received: N. · Set forth the amount and the date of receipt of each gift: Gift 1: 19 ; $ Gift 2: . 19-; $------ Gift .3:~~~~~~~~~~~-, 19==; $~~~~~~~ Complete items 0 through Q below where the income of a business entity in which you or your spouse own a ten percent interest or more: 0. Name and address ·of each business entity. Business Entity 1: ~------------------------------------~ Business Entity 2=----------------~--------------------~ Business Entity .3: --~------------~--------------~----~ P. General description of the business activity of each business entity. Business Entity 1: Business Entity 2: Business Entity 3: --------------------------------~----~ Q. Set forth the name of every natural person, non-profit associa- tion or corporation, and business ~ntity from whom such business entity received payments if you or your spouse's pro rata share of gross receipts from such person, non-profit association or corporation, or business entity was $10,000 or more during any calendar year_ partially or wholly covered by this state~ent: Business Entity 1: ~----~--------~----~--------~~--~ Business Entity 2: ------~----_,... ________ ..;._ ______________ ~ -iii- FORM IV G. Does the fair market value of the investment exceed $100,000? Investment 1: Investment 2: Investment 3: Yes ---Yes Yes --- No ---No No --- H. If this disclosure statement is an annual, rather than an initial, statement and if the investment was wholly or partially acquired during the period covered by the statement, give the date of acquisition of such investment and the date of disposition, if any. Investment 1: Date of Acquisition: Date of Dispo_sition: Investment 2: Date of Acq.ui.sition: Date of Disposition: Investment 3: Date of Acquisition: Date of Disposition: I. Name and address of each source of income: Source 1: J. General description of the business activity of each source of income: K. Was the aggregate value of income from the source greater than $1,000? Source 1: Yes No Source 2: Yes No Source 3: Yes No L. Was the aggregate value of income from the source greater than $10,000? . Source 1: Yes No Source 2: Yes No Source 3: Yes No -ii- FORM IV STATE OF CALIFORNIA ) ) SS ·county of ) •. . The undersigned, perjury, certifies as follows: ~--=-.,,.--~~~~~~~~~~ , under penalty of That (s)he has used all reasonabl~ diligence in the preparation of the foregoing Statement and that to the best of (his) (her) knowledge it is true and complete. Received by District on ~~~~~~~~~-· 19~ . . By: .=T-i-t~l-e-:~~~~~~~~~~~~~ -iv- FORM IV G. Does the fair market value of the investment exceed $100,000? Investment 1: Investment 2: Investment 3: Yes ---Yes Yes --- No ---No No --- H. If this disclosure statement is an annual, rather than an initial, statement and if the investment was wholly or partially acquired during the period covered by the statement, give ·the date of acquisition of such ~nvestment and the date of disposition, if any. Investment 1: Date of Acquisition: Date of Disposition: Investment 2: Date of Acquisition: Date of Disposition: Investment 3: Date of Acquisition: Date of Disposition: I. Name and address of each source of income: Source 1: J. General description of the business activity of each source of income: K. Was the $1,000? aggregate value of income from the source greater than Source 1: Yes No Source 2: Yes No Source 3: Yes No L~ Was the aggregate value of income from the source greater than $10,000? Source 1: Source 2: Source 3: Yes ---Yes Yes --- .;.ii- FORM V No ---No No --- DISTRICT ------------------~-- DISCLOSURE STATEMENT CATEGORY V--CONTRACTORS PLEASE NOTE: Before completing this statement, read Section 2.S(e) of the Conflict of Interest Code of this District. Such Section describes and limits the items required to be disclosed herein. (Attach additional pages if needed.) A. Designated position: ______________ ~---------------------------------------- B. Name of designated employee: __________________________________ ~ C. Name and address of the business entity in which each investment is held: D. General description of the business activity in which the business entity is engaged: E. Nature of each investment (including whether the investment is held by you, your spouse, or a business entity or trust in which you or your spouse own a ten percent interest or more): F.. Does the fair market value of the investment exceed $H>, 000? Investment 1: Yes No Investment 2: Yes No Investment 3: Yes No -i- FORM V M. Describe the consideration, if any, for which the income was received: N. Set forth the amount and the date of receipt of each gift: Gift 1: Gift 2:~~~~~~~~~~~-- 19 ; $ 19-; $------ Gift 3: ~-------------~------~--~ 19-$ ----~~--~~-- Complete items 0 through Q below where the income of a business entity in which you or your spouse own a ten percent interest or more: O. Name and address of each business entity. Business Entity 1: ----------------------------------------------- Business Entity 2: ------------------------------------------------ P. General description of the business activity of each business e~tity. Q. Business_Entity 1:~------------------------------------------ Business Entity 2:~----------------------------------------- Business Entity 3=~----------------------------------~------- Set forth the name of every natural person, non-profit associa- tion or corporation, and business entity from whom such business entity received payments if you or-your spouse's pro rata share of gross receipts from such person, non-profit association or corporation, or business entity was $10,000 or more during any calendar year partial~y or wholly covered by this statement: Business Entity 1: ~------------------------------------------------ .. iii- FORM V Business Entity 3: _____________________________________ ___ STATE OF CALIFORNIA ) ) SS County of ) The undersigned, ----=-,.--------------------~' under penalty of perjury, certifies as follows: That (s)he has used all reasonable diligence in the preparation of the foregoing Statement and that to the best of (his) (her) knowledge it is true and complete. Dated: 19_. Signature: ~----------------------------------- Received by District on ------------------~ 19 . By: ~T-i_t_i_e_:------------------------~ ,.· -iv- FORM ~\ DISTRICT -------------------- DISCLOSURE STATEMENT CATEGORY VI--FINANCIAL INSTITUTIONS PLEASE NOTE: Before completing this statement, read Section 2.S(f) of the Conflict of Interest Code of this District. Such Section describes and limits the items required to be disclosed herein. (Attach additional pages if needed.) A. Designated position: ------------------,...---------------~---------------------- B. Name of designated employee: -----~--------~~--------------------------~ C. Name and address of the business entity in which each investment is held: D. General description of the business activity in which the business entity is engaged: E. Nature of each investment (including whether the investment is held by you, your spouse, or a business entity or trust in which you or your spouse own a ten percent interest or more): Investment 1: ---------------------------~-------~--------------------- F. Does the fair market value of the investment exceed $10,000? Investment 1: Investment 2: Investment 3: ___ Yes Yes ---Yes -i- FORM VI No ---No No --- i G. Does the fair market value of the investment exceed $100,000? Investment 1: investCTent 2: Investment 3: Yes ---Yes ___ Yes No ---No No H. If this disclosure statement is an annual, rather than ·an initial, statement and if the investment was wholly or partially acquired during the period covered by the statement, give the date of acquisition of such investment and. the date of disposition, if any. Investment 1: Date of Acauisition: Date of Disposition: Investment 2: Date of Acquisition: Date of Disposition: ... Investment 3: Date of Acquisition: Date of Disposition: I. Name and address of each source of income: Source 1: J; General description of the business activity of each source of income: ... K. Was the aggregate value of income-from the source greater than $1,000? Source 1: ·Yes No Source 2: Yes No Source 3: Yes No L. Was.the aggregate value of income from the source greater than $10,000? Source 1: Source 2: Source 3: ___ Yes Yes ---Yes -ii- FORM VI No ---No No --- M. Describe the considerati.on, if any, for which the income was received: Source 1: ~----------~~--------------------------------~ N. Set forth the amount and the date of receipt of each gift: Gift 1: I 19 ; $ Gift 2 :---------~--, 19-; $------- Gift 3: , 19==; $--~~---~- Complete items· 0 through Q below where the income of a business entity in· which you or your spouse own a ten percent interest or more: 0. Name and address of each business entity. ·nusiness Entity 1: ----~--------------------------------~- Business Entity 2=----------------------~----------------- Business Entity 3: ________________________________________ _ P.. General description of the business activity of each business ~ntity~ Q. Business Entity 1: ~--------------------------------------- Business Entity 2: ----------------------------------------- Business Entity 3:~--------------------------------------- Set forth the name of every natural person, non-profit associa- tion or corporation, and business entity from whom such business entity received payments if you or your spouse's pro rata share of gross receipts from such person, non-profit association or corporation, or business entity was $10,000 or more during any calendar year partially or wholly covered by ~his statement: Business Entity l:~------------------------------~------- -iii- Business Entity 3=--------------------------------~~~--- STATE OF CALIFORNIA ) ) SS .County of ) The undersigned, ------=--------------------~, under penalty of perjury, certifies as follows: That (s)he has used all reasonable diligence in the preparation of the foregoing Statement and that to the best of (his) (her) k~owledge it is true and complete. Dated: 19 --------~--~~~~~ ~ Signature: ~~------~~~~~--~~----------- Received by District on ~~~~--~·----~-- 19 . -iv- FORM VI EXHIBIT "C" NOTICE OF ACTION TAKEN NOTICE IS HEREBY GIVEN that the District has ·connnitted itself to the following course of action: ~~~~~~~~~~~~~ NOTICE IS FURTHER GIVEN that in the event that any person desires the District to reconsider, or disapprove of, said commit- ment on the ground of the existence of a conflict of interest of a district officer, employee or consultant, a request for said reconsideration or disapproval shall be submitted to the Secretary of the District within thirty (30) days of the date hereof . . .. By: ~~~~....--~....--~---~~~~~~~ District Secretary WJML: RESOLUTION NO. --- A RESOLUTION ADO?TING CONFLICT OF INTEREST CODE RESOLVED, by the Board of Directors of ~----~~~~~~~- District, C~lifornia, as follows: 1. That that Code entitled "Conflict of Interest Code, --~~~~~~~~~~~~~~~~~~ District", a copy of which is attached hereto and by r~ference incorporated herein, be, and is hereby, approved and adopted for the District, subject to the approval thereof by· the Board of Supervisors of the Co~nty of · -2. ·· That· the Secretary of this District be, and is hereby, authorized and instructed to submit a copy of such Code to the Board of Su~ervisors of ~he County.of~~~~~~~~~~ and to request said Board of Supervisors to.approve said Code in accordance with Government Code Section 87303. * * * * * . ,. (Certificate) _, _, • V' SUMMARY OF DISTRICT CONFLICT OF INTEREST CODE The basic theory of the Code is that certain positions within the District are deemed to inv6lve the making or participation in . making of decisions which could foreseeably have a material effect on a financial interest of the person holding a position. There- fore persons holding such positions are required to file certain disclosure statements disclosing certain interests and, in addition, are required to disqualify themselves in certain instances · from making specified decisions. Article I. This Article contains general µrovisions includ- ing definitions. This Article states that a "designated employee" is that person which hold the position ("designated position") within the District which requires the making of decisions encom- passed by the Code. ·"Designated positions" are those listed in column 1 of Exhibit "A". Such positions are, by the Code, deemed to involve the making of decisions which could have a material effect on a financial interest of the employee or officer making the decision. "Reportable interests" are those interests which designated employees must report on disclosure statements, and in essence, constitute those interests of designated employees which could.be affected by decision. This Article also contains a narrow· definition of "consul- tant". In particular a consultant, to be encompassed by the Code must possess'authority with respect to District decisions beyond ·the rendition of advice. Article II. This Article contains the requirement for disclo- sure statements. It requires persons holding designated positions to file an initial disclosure statement with the District Secretary at the time specified in Section 2.3 and to file annual disclosure statements at the time specified in Section 2.4. The Secretary is required to forward all of such statements to the Board of Super- visors. · l>isclosure statements, however, need be filed only if the person holding the designated position has "reportable interests". If such person does not have reportable interests, then he need not -file disclosure statements. · ·Reportable interests are, by Section 2.5, divided into six '!categories" and Exhibit "A" assigns different categories to the various designated positions. The "categories" are generally surrunarized as follows: Category I relates to interests with a value of more than $1,000 in real property located within or close to the District. It includes interests held by the designated employee,·his spouse or by a business entity owned by t~e employee or his spouse. . Category II relates to investments with a value of more than $1,000 in business entities having real property in the District or doing or planning to do business in the District. It includes investments held by the designated employee, his spouse or by a business entity owned by the employee or·his spouse. r Category III relates to sources of income aggregating $250 or more or of gifts aggregating $25 or more if the source is (generally) located within or doine.business within the District. It includes sources of income to the designated employee, his spouse or a business entity and by the employee or his spouse. Category IV relates to investments in and income from busi- ness entities which manufacture or sell supplies or equipment to the District. Category V relates to investment·s in and income from contractors. Category VI relates to investments in and income from financial institutions. The Article describes the information which is to be given about each "category" and refers to forms attached to the Code which are to be completed. For the most part, the informa- tion required is general in nature. Article III. This Article contains disqualification requirements. It requires that persons holding the positions designated in Exhibit ''A" disqualify themselves from making or participating in making a decision when it is reasonably fore~ee- . able that his financial interest may be materially affected by the decision. The terms "making a decision", "participating in the making of a decision", "financial interest" and "materially affected" are defined. Generally, a "financial interest" is the same as an interest which requires disclosure under Article II and whether an interest will be "materially affected" in a matter to be determined by the person concerned, after he considers certain factors.-If he decides that disqualification is necessary he must accompany the disqualification by a disclosure of the financial interest made a part of the District's records or made in writing to the person's supervisor or appointing power. This Article also establishes a procedure for reconsideration of District action where a conflict of interest is alleged to exist. It requires the District Secretary to post a Notice of Action Taken whenever any designated employee has disqualified himself from a decision and the District subsequently connnits itself to a definite course of action with regard to the subject to which such decision pertains. It authorizes the District Secretary to post such a Notice in other circumstances. Whenever a Notice is posted pursuant to the Article, a request for reconsideration of said Dist~ict connnitment must be ·made within thirty (30) days of the date of posting of the Notice. Enforcement. Government Code Section 87300 provides that any violation of a local Code is a violation of Chapter 7 of Proposition (Title) 9. Chapter 11 of Proposition 9 provides the following penalties for violation of the Law. . 1. Willful violation is misdemeanor and, in addition to other misdemeanor penalties, the violator is liable for a fine equal to the greater of $10,000 or three times the· amount not properly reported. -2- 2. Violation is subject to discipline by the·District, including dismissal. 3. Negligent violation subjects the violator to civil action for an amount equal to the amount not properly reported and for an amount up to three times of the amount of economic benefit. 4. A judicial action to enjoin the vtolation may be brought and if an official action is taken which ~he court determines might not otherwise have been taken or approved, the court may set aside the official action as void. . .. -3-· REFERENCE CHART Section in Source of Section in Source of Local Code Section* Local Code Section* 1.1 G 87300 First proviso G 82030 1.2 second sentence 1.3 Next to last 1.4 G 87303 paragraph G 82030(a) .1. 5 (a) c·s2oos first sentence 1. 5(b) R _18700(a) (2) Last paragraph G 82030(b) 1. 5(c) 2. 5 (d) G 87302(b) 1. 5 (d) second sentence 1. 5 (e) G 87302(a) 2.5(e) G 87302(b) l.S(f) G 87302(b) second sentence f~S(g) first sentence 2. 5 (f) G 87302(b) second sentence l.5(h) G 87302(b) 2·. 6 G 87302(b) third sentence fourth sentence 1. 5 (i) 2. 6 (a) G 87206(c) ·2.1 G 87302(b) 2.6(b) G 87206 (a) first sentence 2.6(c) . G 87206 (d) I 2.2 R 18115 (a) 2. 6 (d) G 87206(f) ' ·2. 3(a) G 87302(b) 2.7 G 87302(b) l sixth sentence fourth sentence f 2.3(b) G 87302(b) 2. 7 (a) G 87206(b) ' l seventh sentence 2. 7 (b) G 87206(b) l 2.3(c) c· 87302 (b) 2.7(c)· G 87206 (a) eighth sentence ·2.7(d) G 87206 (d) I 2.4 G 87302(b) 2.7(e) G 87206 (f) I first sentence 2.8 G 87302(b) 2.5 G 87302(b) fifth sentence second sentence 2.8(a) G 87207(a)(l) I 2.S(a) G 87302(b) 2.8(b) G 87207(a)(l) I second sentence 2.8(c) G 87207(a)(2) I t 2.S(a) (1) G 82035 2.8(d) G 87207(a)(3) i ·2.5(a)(2) G"82033 2.8(e) G 87207 (a) (4) i first sentence 2.8(f) (1) G 87207 (b) (1) 2.5(~) (3) G 82033 2.8(f)(2) G 87207(b)(2) l First proviso G 82033 2.8(£) (3) G 87207 (b) (3) t · Second proviso G 87206(e) 2. 9 . G 87206 and 87207 2.5(b) G 87:302 (b) 3.1· G 87302(c) second sentence 3.2 R 18700(b) 2.S(b)(l) G 82034 3.3 R 18700(c) ·first sentence 3~4 R 18700(d) and G 82035 3.5 . G 87302(c) 2.5(b)(2) G 82034 second sentence second sentence and G 87103 2. 5 (b)(3) G 82034 ~3.6(a) R 18702(a) First proviso G 82034 3.6(b) R 18702(b) fourth sentence 3.6(c) R 18702(c) . Second proviso G 87206 (e) 3.7 Last paragraph G 82034 third sentence -2.5(c) G 87302(b) -----------------second sentence ·2.scc><1> G 87302(b) *.Ga Government Code third sentence R = Regulations of the Fair 2.5(c)(2) G 87207(a)(l) Political Practices Commission 2.5(c)(3) G 82030(a) in Division VI, Title 2 of the California Administrative Code -~ WJML: RESOLUTION NO. --- A RESOLUTION SETTING TIME AND PLACE OF HEARING ON PROPOSED CONFLICT OF INTEREST CODE RESOLVED, by the Board of Directors of -------District, ~-------- ·county, California, as follows: WHEREAS, Government Code Sect~on 87300 requires every local government agency to adopt and promulgate a Conflict of Interest Code; WHEREAS, there has been presented to this Board a proposed Conflict of Interest Code for this District·, a copy of which is on file with the --------of the District; and \ wHEREAS, Government Code Section 87311 requires that the r.eview and preparation of Conflict of Interest Codes shall be . . carried out under procedures which guarantee officers, employees, members, and consultants of the District and to residents of the· jurisdiction adequate notice and a fair opportunity to pres~nt their views ; NOW, THEREFORE, it is hereby ORDERED: 1. That ~-----~' the -~ day of ~--~--· 1976, at the hour of ___ o'clock _.M .. , in the regular meeting place of this Board, . , California, be'· and the same are hereby, appointed and fixed as the time and place when and where this Board.will consider and decermine whether.the aforesaid proposed Conflict of Interest Code shall be adopted. 2.. That the of this District be, and is hereby, directed to give notice of said hearing by publication of this resolution Ln full once, at least ten days prior to said hearing, in the ~---------=-------' a newspaper of general c~rculation in the District. 3. That the ~------of this District be, and is hereby, directed to distribute one copy of this resolution together with one copy of the aforesaid Conflict of Interest Code to each person or persons holding positions within the District enumerated in Exhibit "A" of said Code. 4. That the ~~~~~~~~ of this District.be, and is hereby, "directed to file copies of said Conflict of Interest Code in the Di.strict office to be available for distribution to persons requesting the same. * * * * * (Certificate) . •' -2- ~· COUNTY SANITATION DISTRICTS OF ORANGE COUNTY, CALIFORNIA P. 0. BOX Bl 27, FOUNTAIN VALLEY, CALIFORNIA 92708 10844 ELLIS AVENUE (EUCLID OFF-RAMP, SAN DIEGO FREEWAY) April 29, 1976 NOTICE TO THE EXECUTIVE cor~liITTEE Don Winn, Chairman Norma B. Gibbs, Vice Chairman Kerm Rima Phillip Cox John Garthe Supv. Laurence J. Schmit Re: Committee Meeting May 4, 1976 -5:30 p.m. Chairman Winn has asked us to advise you that there will be a meeting of the Executive Committee at the above hour and date in the Districts' offices. A brief report on items to be discussed is attached. The meeting is scheduled to begin at 5:30 p.rn., and dtn:rier will be served at 6:30 p.m. Enclosures ~'{/,~~ Fred A. Harper General Manager cc: Directors Milan Dostal and Vernon Evans Tom Woodruff, General Counsel TELE PH ON ES: AREA CODE 714 540-2910 962-2411 ----..,. April 29, 1976 COUNTY SANITATION DISTRICTS of ORANGE COUNTY, CALIFORNIA . P. 0. BOX 8127 10844 ELLIS AVENUE FOUNTAIN VALLEY, CALIFORN IA 92708 (714) 540-2910 (714) 962-2411 MANAGER'S REPORT TO THE EXECUTIVE COMMITTEE Meeting Date: May 4, 1976 -5:30 p.m. Chairman Winn has called thi~ meeting for 5:30 p.m. Directors Milan Dostal and Vernon Evans have been invited to attend and participate in the discussions. 1. Treatment Plant Capital Outlay Budget for 1976-77. The staff is in the process of preparing budget recommendations for the 76/77 Joint Operating and Joint Construction budgets. They will be considered by the Executive Committee in the latter part of May. With the recent acceleration of the State and Federal grant program, our long-range cash-flow projections for the joint works construction program are no longer valid. In fact, we project that it will be necessary to increase the Districts' tax contribution to the Capital Outlay Revolving Fund budget from $2.5 million per year to $6 million per year for the next three to five years. We have anticipated some of this increase and reserves have been set up in the individual Districts' Accumulated Capital Outlay funds. How- ever, at least three of the Districts will have difficulty making their contributions without rescheduling District projects or seeking new revenues. The staff will be prepared to go into more detail at Tuesday's meeting. Attached is a brief explanation of our money needs in support of an accelerated construction program. 2. Consideration of a Conflict of Interest Code. The General Counsel is recommending the adoption of the enclosed Conflict of Interest Code which has been developed by the California Association of Sanitation Agencies Attorneys' Committee to comply with the requirements of Chapter 7, Title 9 of the Government Code. Enclosed is a separate report from Mr. Woodruff. It is the staff's recomm e ndation that all personnel in manage- ment and supervisory classifications be required to file in accordance with the Code. 3. Request of the Garden Grove Sanitary District for Waiver of Connection Fees . At the March 30th meeting of the Executive Committee, considera- tion was given to a request from the Garde n Grove Sanitary District f for waiver of connection charges for 21 existing homes in a proposed sewer assessme nt District. The Committee directed the staff to obtain information concerning the .amount of property taxes paid the Districts for the subject properties. The staff has determined that something less than $1,000 taxes have been paid by the subject properties since the inception of the District for operation and maintenance of a sewer s ys tem fr om which these properties have received no benefit to date. 4 .. Amending Agreement with J. R. Gilbert and Associates Dated March 26 , 1 975. On March 26 , 1975, the Boards authorized the engagement of J. R. Gilbert and Associates to prepare the Environmental I mpa ct Statement for the Districts' Facilities Plan. The Environmental Impact Statement is being prepared jointly with the Environmental Protection Agency and funded with 87~% State and Federal Step I grant funds. In recent discussions with the State and EPA, the scope of the Environmental Impact Statement has been expanded at EPA's insistence involving additional work for the consulting firm. Attached is a staff explanation of the required addi tional work and the estimated costs associated with same. 5. Authority to Pay Directors Compensation and Per Diem When Participating in Activities to the Benefit of the Dis tricts . Presently, the General Manager has the authority to desig nate members of the Boards and staff to attend meetings, conferences, and other functions within the State of California which will be of value to the Districts. It is requested that this authority be extended to provide when the General Manager r equest s attendance by Directors, with the concurrence of the Joint Chairman, that Directors attending will be paid compensation and expense r eim- bursement pursuant to existing Districts' resolutions establishing compensation and expense reimbursement policies. We are requesting this provision to remove any doubt or concern when a Director is asked to serve or represent the Districts at ~·· a function within the State, that they be assured of allowable compensation and expense r eimbursement . Currently, the authority rests with the Board(s) and authorization for payment of compensation for attendanc e at meetings must either be approved in advance or re- quested after the date of participation. 6. Procedures for Obtaining Engineering Services. Now that the selection committee has had the benefit of negotiating engineering services in connection with the design of the 75 mgd Activated Sludge Treatmen t Facilities at Plant No. 2, -2- _,.._._ '. Selection Committee members may wish to comment on the procedures which have been adopted by the Boards. The s _e1ection procedures became effective February 11th and are to be reviewed for modifi- cations sometime between August and October. Fred A. Harper General Manager -3- MEMORANDUM April 29, 1976 TO: Fred A. Harper, General Manager FROM: Ray E. Lewis, Chief Engineer COUNTY SANITATION DISTRICTS of ORANGE COUNTY, CALIFORNIA P. 0. BOX 8127 10844 ELLIS AVENUE FOUNTAIN VALLEY, CALIFORNIA 92708 (714) 540-2910 (714) 962-2411 SUBJECT: Capital Outlay Revolving Fund, Fiscal Year 1976-77 In March of 1974 the Districts forwarded to the State Water Resources Control Board and EPA a project report for improved treatment of Plant No. 2. This project report called for an expenditure of $275 million to meet the State and Federal requirements for ocean discharge. Based upon this report and the needs surveys for treatment facilities required to meet the discharge requirements, the Districts facilities have been included in the project list as adopted by the State B~ard and as approved by the EPA for the following projects: 1. 2. 3. 4. s. 6. 75 MGD of secondary treatment at Plant No. 2 24 MGD expansion of premary treatment at Plant No. 2 Phase 2 expansion of primary flows at Plants Nos. 1 & 2 Secondary treatment of Plants Nos. 1 & 2 Expansion in improved treatment including headworks addition at Plant No. 1 Expansion and improvement of secondary treatment at Plants Nos. l and 2, Phase 2 Total $. 73,800,000 4,400,000 24,400,000 36,900,000 ·125, 000, 000 125,000,000 $389,500,000 Although the project list as approved by the State may not represen~ the true project cost, it does indicate an extreme high level of construction activities for the joint works facilities. The Board has recently approved the design effort for 75 MGD of improved treatment at Plant No. 2 which the estimated construction ~ost is approximately $61~ million. The State has requested that we analyse our cash flow situation in order that we might consider the commencing of the design of an additional 50 MGD a day of improved treatment at Plant No. 2 in August of this year pending the results of the -. ' ... Fred A. Harper April 29, 1976 Page Two JPL-ACTS Process Pilot Plant effort. It is estimated that this second phase of improved treatment at Plant No. 2 will be approximately $50 million. The State as well as the EPA is most anxious to obligate grant construction funding before the September 30, 1977 deadline in order that the State of California does not lose its allocation as provided by the Congress 1972 amendment to the Clean Water Act. If the Districts are to proceed to meet the NPDES discharge requirements and to contract for ~ver $100 million in the summer of 1977, the CORF budget must be increased considerably over what has been experienced in the past few years. The past CORF budgest adopted by the Boards raised by taxes are as follows: 1968-69 1969-70 1970-71 1971-72 1972-73 1973-74 1974-75 $4,180,000 3,800,000 3,800,000 2,000,000 2,500,000 2,500,000 2,500,000 It is estimated that the CORF budget for the 1976-77 fiscal year will be approximately $6,000,000. It is suggested that the staff present the capital expenditure program to the Executive Committee at their scheduled meeting of May 4th in order that they may apprise the Joint Board as to the level of effort involved with meeting the clean water bond laws of the State and EPA. REL:ss . ..._.,, RICHARD 0. F'RAZEE STEPHEN C.STEWART THOMAS L. WOODRUF'F' JEF'F'REY A. HARTMAN LAW OFFICES Stewd rt, \VooJ ruff & f razce 1055 NORTH MAIN STREET, SUITE 1020 SANTA ANA, CALIFORNIA 92701 April 29, 1976 Boards of Directors . County Sanitation Districts of Orange County, California P. O. Box 8127 Fountain Valley, California 92708 Subject: Adoption of Conflict of Interests Code AREA CODE 71'4 835-6212 As each of you has been made aware, the provisions of the Political Reform Act of 1974 (Proposition 9) are now being implemented and specifically require all local public agencies to adopt a conflict of interest code that will apply to its officers and employees. On behalf of the County Sanitation Districts, the code will be adopted by the Board of Directors of each District and will be submitted to the Orange County Board of Supervisors for their review and approval. The Board of Supervisors has established the date of August 1, 1976 as the final date for submission of the District's code. The Executive Committee is being requested to review the draft of the code which is the basis upon which the specific code will be submitted to the full Boards at the meeting of June. This draft code is the product of the Attorneys Committee for the California Association of Sanitation Agencies (CASA) and, in my opinion, is the best product of efforts to have a comprehen- sive yet simplified set of rules. It is considerably more specific than the model code proposed by the League of California Cities and, while a few paragraphs will need to be changed to more precisely identify the factual situation with our Districts, the substance is basically being recommended by my office. It now appears that the code will be made to apply to the super- visory category employees of the District, in view of the fact that they generally have the ability to make or participate in the making of decisions which could foreseeably have a material effect on a financial interest of the person holding their position. Additionally, a few other categories will necessarily COMMITTEE AGENDA ITEM No. 2 Boards of Directors April 29, 1976 Page Two I I I have to be included because of the particular responsibilities of the jol:smeeting the same criteria. It is also being recommended that the code to be adopted by the Districts will require the consultants to the Districts, such as enginee ring firms and general counsel, be made to comply with all of its provisions. I do point out, however, that there are some exceptions, such as a consultant who owns l ess than a 1 0% interest in the firm which is being retained by the District need not disclose, on the basis of a minimum involvement. With regard to the form of the reporting requirements, it is substantially similar to that presently being required of ·most Directors in their capacities as members of the City Councils. Finally, with respect to the adoption of the code, we are, as noted above, required to submit our adopted code to the Board of Supervisors by August 1, 1976. ·Howe v er, the code that will be submitted to the Board for approval will include my recom- mendation that it not become effective as a law governing the officers and employees of the District until Januar y 1, 1977. This recommendation is based primarily upon the fact that no effective date is required as a matter of State law and, secondly, it will avoid one additional filing during 1976 in view of the numerous filings that have already been made by most Directors. Likewise, the actual filing date is not yet determined, but at this point it would appear that the ~onth of Ap ril will be selected as the annual anniversary date. The purpose of thi s is to coincide with the re p orting dates that the Directors will experience as members of the City Councils and, therefore, will prevent an unnecessary amount of duplicate efforts spread through several mon ths of the year. x:;d~~· General Counsel TLW:·ab EXHIBIT "A" {Revised) AGENDA ITEM #12(A) Designated Positions Categories 1. 2. 3. 4. s. 6. 7. 8. 9. Directors I, II, III General Manager I, II, III Director of Finance and I, II, III Board Secretary Chief Engineer I, II, III Superintendent I, II, III General Counsel I, II, III Consultants* I, II, III Supervisory Personnel as set forth I, II, III in Districts' salary resolution, as amended Lead Storeskeeper I, II, III *The word "consultant" is defined in Section l.S(b). A position nominally known as a consultant to the District is not a designated position herein unless such definition is satisfied. Thus, a "financial consultant", an "engineering consultant" and a "bond counsel" in many instances will not be a consultant herein. Determinations hereunder shall be made by the govern- ing body of the District. April 15, 1976 Mr. Ray Lewis Chief Engineer County Sanitation Districts of ·orange County Post Office Box 8127 Fountain Valley, California 92708 '. B. Gilbert & Associates Planning & Engineering Consultants 1101 R Street, Sacramento. Ca 95814 (916) 444-0123 ,. D Bay Area Office: Claremont Hotel, Berke le)~ Ca 04 705 (415) 843-0208 D Tahoe Office: 2155 South Street. P. o. Box 14446 South Lake Tal1oe. Ca 9S702 (916) 541·5775 ·FILED In tha Office of the Secretary County Sanitation District No--------- MAY 1 2 1976 ~--Costs of Additional Work on Draft EIR/EIS Dear Mr. Lewis: At the March 18 meeting with EPA and SWRCB representatives, an extensive amount of supplemental EIR/EIS work was requested. This is an addition to the expanded scope resulting from initial EPA review of the first five chapters. EPA has indicated its desire to make this EIR/EIS a major decision-making document on such subjects as marine impacts and air quality mitigation measures. Additional work resulting from EPA's request includes a detailed analysis of wastewater reclamation options, further air quality investigations, more extensive use of graphics, a change in organization of the report from the initial outline, and additional information on land use, population growth, marine biology, and measures to mitigate air quality impacts. Attachment 1 to this letter is a cost estimate for the work that remains to be done. As of early April, we have spent approxi- mately $52,000 of our initial $60,000 authorization. We estimate that the draft document will be delayed three to four months and cost an additional $100,000. Also attached is a revised schedule for completion of the EIS. While EPA has indicated satisfaction with the technical content of work to date, their staff members must be satisfied with the document since it is essentially EPA's EIS. \vhile much of the information being developed will not be of direct benefit to the wastewater function in Orange County, it will provide a valuable reference doc1ment for a variety of public agencies and can help clarify the controversial issues of marine disposal and air quality mitigation. Consulting Services 0 E11\·ironn1cnt D \\'<..itcr D \\';_istcwatcr D c;ovcrnn:cntal Aff(lirs Mr. Ray Lewis 2 Ap17il 15, 1976 During the course of this work, we have made every effort to keep costs to.a minimum. Kris Lindstrom's familiarity with the County and the Districtts activities as well as our firm's experience in EIS work has helped. liowever, EPA has firmed up and expanded its view of the EIR/EIS. While these additional costs are · certainly significant, they are consistent with the level of effort currently being undertaken by EPA in major regional EIS's in other parts of the State. If you would like additional information regarding the attached budget and additional scope of work, we would be glad to provide it in writing or meet with you and appear before the District Board. Very truly yours, J. B. GILBERT & ASSOCIATES 0('~~-01 Jer[}rne B. Gilbert Attachments tJ) (l) .......... rJ ·o 0 {f) tf) < Planning & En1::~inecring Consult~mts J.13. G i llJCrt 0 .· ATTACHMENT 1 SUMMARY OF ANTICIPATED COSTS CSDOC EIR/EIS After May 1, 1976 Development of supplemental information and dat~ requested by EPA for incorporation in the draft including: Marine biology Air quality Land use Institutional framework and mitigation measures Miscellaneous supplemental work Report preparation expenses including drafting and additional typing Printing of Draft EIR/EIS Contingency $ 6,000 3,000 6,000 5,000 5,000 15,000 35,000 10,000 $ 85,000 Additional work on development of reclamation alternatives for incorporation into the Facilities Plan and EIR/EIS: Engineering Environmental assessment Total additional anticipated costs of preparing Draft EIR/EIS $ 10,000 5,000 $ 15,000 $100,000 Note: These costs do not include the preparation of responses to the comments on the Draft EIR/EIS nor printing. Our experience has.been that these costs are a minimum of $25,000 equally divided between reproduction of the Final EIS and professional time. The exact level of effort required should be determined by the District and EPA following the corrunent period. U) 0.) -w •--C u ("""\ v {f) ti) < Planning·"-Enginccrin~ Consul kin ts J.13. G i lt)Crt 0 ATTACHMENT 2 PROJECTED SCHEDULE CSDOC EIR/EIS Tasks 1. Preliminary Draft Facilities Plan 2. First Preliminary Draft EIS (All Chapters) 3. EPA Branch Review (All Chapters) · 4. Consultant Revision (Submit Second Preliminary Draft) 5. EPA Division Review, Advisory Committee Review 6. Consultant Revision (Submit Final Draft) 7. EPA Review and Signature Change B. Draft Printing and Distribution (Mailing to CEQ) 9. Public Notice for Public Hearing 10. Public Hearing 11. Final EIS Published Task Completion Date 2/20/76 6-:6130/16 7/15/76 8/15/76 9/15/76 11/1/76 11/22/76 Christmas season, delay mailing: Recommend 1/10/76 1/13/76 2/17/76 6/1/77 Elapsed Time 6 weeks 5 weeks 4 weeks .4 weeks 3 weeks 3 weeks 4 weeks 3 days 5 weeks 3-1/2 months (/) Q) -+--< ro ·o 0 (/) (/) < Planning & Engineering Consult~111ts J.B. Gill)ert cZ ATTACHMENT 3 TASK DESCRIPTIONS REVIEW OF MARINE IMPACT ANALYSIS BY AN INDEPENDENT CONSULTAHT The assessment of marine impacts associated with the past, present, and projected CSDOC discharge has been completed. In order to assure that this section contains an objective and thorough presentation of the important impacts relating to the discharge and the potential effects from improved treatment, it is desirable to obtain an independent evaluation and review by a qualified outside consultant. This outside evaluator would review and recommend changes in the drafts including impacts assessments and technical conclusions. We have approached a well qualified individual at Scripps Institute of Oceanography to pursue this task. This may result in additional work after we reorganize the information as requested by EPA, which has not yet reviewed the material in detail. AIR QUALITY EPA has requested additional work on air quality including quantification of impacts specifically within the CSDOC service area. Air pollutant projections and an air quality analysis based upon projected growth have recently been updated reflecting the latest air pollutant emissions inventory and emissions forecasting methods. Additional information has been requested on: health effects and environmental impacts such as vegetation damage, regional trends and programs, and the recent efforts of the Air Quality Maintenance Planning effort. LAND USE More detailed information and quantification of changes ir. land use within the Districts' service area has been requested. This additional effort will entail considerable in-depth analysis and basic data collection. Specific changes in the amount of agricultural land committed to urban development; the influence of the State Coastal Plan on subregional growth; more detailed discussions of soils, geologic hazards, flooding, and urban form l/) 0 .... -Cu ·-u 0 (f) (/) Planning & Engineering Consult~111t.s < J. [3. C.Jilbert c:6 .. , 2 have been requested. A minimum effort to meet the additional requests for data and graphics is estimaied to cost $6,000. If analysis of individual City General Plans for all 23 cities within the Districts' service area is required, costs will be much higher. At the present time, such detailed analyses are not anticipated, although specific plans will be examined with regard to environmentally critic~l areas such as the Balsa Chica wetlands area. · INSTITUTIONAL FRAMEWORK AND MITIGA'f ION MEASURES Additional work effort is anticipated in analyzing mitigation measures within the CSDOC service area and developing institutional arrangements for implementing some of these measures. More in- depth analysis of the effectiveness of air quality mitigation measures has been suggested. Also, preparation of additional material for and our participation iri mitigation workshops with local agencies is anticipated. A minimum cost of $5,000 is presently anticipated, but this could be increased if additional analysis is requested or extensive participation is required for meetings. MISCELLANEOUS SUPPLEMENTAL WORK Additional information and analyses is required on water supply and regulatory programs, and how they effect the Districts' programs including air pollution control, transportation planning, health and water quality regulations, and land use planning. It is anticipated that this will require a minimum of $5,000 of work effort to obtain the basic information requested. OTHER PRODUCTION EXPENSES Due to the extensive nature of this report which is now approximately 700 pages in length, a major effort has been expended in terms of typing, editing, drafting, xeroxing, and preparing review copies for EPA. Revisions involving rewriting, updating, incorpor~ting changes, final editing, and the prepara- tion of additional graphics will require extensive staff time. Attendance at meetings, travel, telephone bills, xeroxing, and other related expenses also accompanying any work effort of this magnitude. These costs are estimated at $15,000. This also includes additional work in developing a su..mmary document for use during the public participation phases of the planning program. {./) CJ +--"' cu ·-u 0 tf'J <J) Planning & Engineering Consull<1nts < J.B. GilL1crt ~ ._,- 3 ADDITIONAL COSTS Graphic~ EPA has reque~ted that more extensive graphics be used in th~ EIS. This includes the use of large colored foldout or cover jacket maps identifying land use, sewer collection systems, and other features of the Districts' service area. The preparation of these graphics will involve considerable added expense and add substantially to printing and binding costs. Printing EPA has requested a minimum of 1,000 copies of the EIS in addition to a printed summary. The size of the report, estimated to be well over 700 pages, combined with the color graphics will result in considerable expense for this particular item. Detailed estimates of costs can only be made after all the graphics are finalized and the final report is near completion at which time the exact number of pages will be known. However, it is estimated that printing and associated costs may be as high as $35,000 • Pl~111! 1in~.J, & En~_~inccrin~~ Consult<1nts J. L3. c; illJcrt c;j .. · ··_ : ~. ATTACHMENT 4 TASK DESCRIPTION OF SUPPLEMENTAL ENGINEERING WORK PREPARATION OF WASTENATER RECLAMATION ALTERNATIVES AND THEIR IMPACTS EPA and the State Board have reques~ed a more detailed and thorough evaluation of water supply mana~9ment and wastewater ··reclamation alternatives to meet local water needs. Additional analysis of existing and projected water needs and the true cost of obtaining these supplies was requested by EPA (i.e., the environmental costs in terms of impacts such as energy, consumer costs, subsidized costs, capital investment, etc.) rather than just the price paid at the wholesale or local level. This information would be used by decision-makers in assessing the advantages and disadvantages of alternative water supply sources including reclaimed wastewater. We also propose to assess various wastewater reclamation alt9r- natives and analyze them with regard to feasibility and environmental impacts including costs, energy consumption, resource utilization, and environmental and public health impacts. This work would be done by Mr. Al Doyle whose qualifications and experience were described in an earlier letter and our firm's brochure. A descriptive work plan for the wastewater reclamation aspects of the Districts' Facilities Plan and EIR/EIS is attached for your review. In summary, the reclamation study proposed would evaluate various alternatives and make recommendations regarding further more detailed engineering and environmental work needed to implement the more viable alternatives. C/) <l) +-' ro ·-u 0 U) tf) < Planning & Engineering ConsulliJn1s J.B. Gill)Cri 0 ATTACHMENT 5 ·PROPOSED WORK PLAN OUTLINE FOR RECLAMATION/REUSE ALTERNATIVES . I. Analysis of Effluent Reuse Options A. Introduction B. Irrigation Reuse 1. Agricultural Reuse a. of or Present Study Area Agricultural Water Use Practices, Costs, and Water Quality Effects. (1) Identify those agricultural areas and activities where reuse of secondary effluent would be acceptable from the public health and irrigation water quality standpoint. (This limits the reuse areas considerably since secondary effluent could not be used for truck crops, etc.). (2) Describe the present source and quality of water for irrigation in the potential reuse areas of (1) above. Describe the existing irrigation water distribution and application systems in raajor potential reuse areas. (3) Describe the present practices for disposal of agricultural return water in potential reuse areas (whether discharged via drainage systems to surface water courses, allowed to percolate to groundwater, etc.). b. Facilities, Cost, and Water Quality Impacts of Reuse of Secondary Effluent for Irrigation in Identified Potential Reuse Areas. :r: A I , ' v ~ 'J, < Pl<1nning l~ F.n~~i11ccri11~~Consult;111ts J. r_-).CiillJt Tl :Z 2 (1) Evaluate the need for special irrigation practices and controls to permit the sustained reuse of secondary effluent without endangering soil productivity, water quality, public health, etc. (2) Show the quantities of effluent that could be utilized at each reuse area. Discuss the seasonal aspects of use and provide a monthly breakdown of potential reuse. (3) For each of the potential irrigation reuse areas, compute the irrigation return waste loads to the ultimate receiving waters. Compare these loads to the loads from present agricultural practice on the same_ land areas. 2. Landscape Irrigation Reuse a. A survey of potential users prepared by the Orange County lvater District has already been completed. Using this basic data, a more complete evaluation would be made to discuss economics and water quality and public health effects from effluent reuse in parks, golf courses, greenbelts, freeway rights-of-way, etc., where present and planned water use occurs in fairly sizeable blocks. b. After evaluation of costs and screening for environmental impacts, recommendations on water delivery, operation, monitoring, etc., will be made for the most feasible alternatives identified. C. Industrial Reuse 1. Survey Present Study Area Industrial Water Use a. Describe the current study area industrial water use and provide a map showing the locations of industries which use significant quantities of water. 3 b. Identify those industries which could use secondary effluent as a total or partial supply. Rationale for exclusion of users of substantial quantities of water from the potential reuser group must clearly show that such reuse is · not technically or economically feasible. At this stage of analysis contractual commitments by industry to water suppliers will not be considered as precluding adoption of a substitute reclaimed water supply. c. Describe the source and quality of present water supplies to each of the major reuser industries. Show the present and projected quantity of water used by each category and the unit cost of the· present supply. Discuss any seasonal aspects of the water use. d. Estimate the operational 6osts associated with pretreatment of present water supplies and show the total cost of procuring and preparing the present supply for industrial use (in dollars per acre-foot) . e. Quantify the present waste loads from major waste dischargers and show the resultant mass emissions to the Districts' facilities. 2. Special Considerations, Facilities, Cost, and -Water Quality Effects of Reuse of Secondary Effluent for Potential Industrial Users. a. For major potential reuser industries, evaluate the need for process modification, pretreatment and post-treatment necessary to facilitate the use of secondary effluent. b. Describe additional on-site facilities or process modification necessary to substitute effluent for existing source water and estimate the cost of these facilities for potential reusers. · c. Estimate the quantities of effluent that could be used by user categories. :_; '"' fJ Jj ./' ..... Pl<ln11 in~~ .~ F.ll~-~i 11l'( ·rint-~ Consu It; 111ts J F~. ( ~ i l lJl Tl ::~ 4 d. Compute the waste loads to the Districts' facilities form an industrial reuse program and show them as mass emissions to the District's facilities. Compare these loads to the loads from the same industries under existing wate~ supply conditions. D. Groundwater Recharge 1. Reuse for Salt Water Intrusion Barrier a. Provide a description of present salt water intrusion problems and a map showing ground- water aquifers and extent of intrusion. b •. Identify those areas or activities where reuse of secondary effluent would be acceptable from the public health and water quality standpoint. c. Identify any potential intrusion barrier projects other than those presently being proposed or implemented. d. Estimate the operational costs, energy usage, and effects on water supply and groundwater from potential salt water intrusion barrier projects. 2. Groundwater Recharge ·a. Provide a description of present grouridwater recharge programs, a map showing locations of facilities, and operating cost for these facilities. Provide a breakdown by quantity and quality of waters used in these programs. b. Assess the ·feasibility of supplementing these supplies with reclaimed effluent that has received advanced treatment. Estimate the costs of doing this, the institutional, public health, and water quality considerations and constraints. U) \...) ...... ("J ·-u 0 U) UJ / ...... Planninf~ & En~~inccring Consultants J.13. (; i} bCrt :~ t .. 1 • 5 E. Recreation Reuse (includes wildlife enhancement) 1. Surv~y of Present Study Area Recreational Water Use a. Describe the present study area recreational · water use and provide a map showing locations of the Santa Ana River and Santiago Creek systems and existing and planned recreational water impoundments including wetlands projects. b. Identify those existing or planned recreational projects for which .secondary effluent could be used as a total or partial supply considering . the water quality required for protection of public health and the uses of the recreational waters. c. Describe the present or proposed source and quality of makeup water to the potential recreation reuse areas and show the water quantities and the estimated total cost per acre-foot of the present or proposed supply delivered to the recreation site. Discuss seasonal aspects of the project water demand. d. Describe the present or proposed practice with respect to operation of the recreation site particularly the ultimate receiving water (ocean, Santa Ana River, and/or groundwater) for outflows from the recreational system. e. Quantify the mass emissions of TDS, nutrients, heavy metals, BOD, fl.ow, etc. to the ultimate receiving water from the potential recreation reuse system under its current water supply. 2. Special Considerations, Facilities, Cost, and Water Quality Effects of Reuse of Secondary Effluent in Potential Reuser Recreation Systems a. Estimate the quantities of effluent that could be used in recreational water projects and disc~ss any seasonal aspects of the use. 'I. ,. . ... ,. 6 b. Estimate the mass emissi6ns of TDS, nutrients, ~low, BOD, etc., to the ultimate receiving water from the reuse system and compare these emissions to the emissions with use of nonwaste supply water source. E. Program of Integrated Agricultural, Landscape Irrigation, Industrial, and Recreation Reuse 1. Based on the identified reuse potentials, make recommendations for developing integrated reuse programs that would use subregional or regional plant effluent during the period from 1977 through the year 2000. 2. Estimate the capital and O&M costs for transport systems and combine these with the capital and O&M costs at the reuse sites to arrive at a total estimate of costs per acre-foot of effluent reused. 3. Define the net change in emissions of TDS, nutrients, BOD, flow, etc., reaching the ultimate receiving water from each reuse area. F. Conclusions and Recommendations Regarding Effluent Reuse in the CSDOC Wastewater Management Program 1. Based on the cost-effective analysis of the effluent .reuse options, arrive at tentdtive conclu$ions regarding feasibil~ty and need for implementation of additional effluent reuse in the CSDOC regional program. 2. Discuss the flexibility of the regional plant effluent disposal system to meet effluent reuse demands as they arise in the future. CJ) Q) ·-w '[) 0 CJ) V) < Planning & Engineering Consult<.mts J.13. GillJcrt ::J ' UNITED STATES ENVIRONMENTAL PROTECTION AGENCY r-" ~vdJECT:Projected EIS Schedule DATE: March 3, 1976 FRmt: Fred Krieger- TO: Orange County Environmental Impact Statement File . . . . .. . .. .,..,., ... " .. Tasks Task Completion Date (- l"' 3" Preliminary Draft Facil.i ties Plan First Preliminary Draft EIS (All chapters) EPA Branch Review (All chapters) 4 .. / · Consultant revision (submit second preliminary draft) s~ EPA Division Review Advisory Co~mittee Review 6~ Consultant revision (submit final draft) 7~ EPA Review and Signa- ture change 8, Draft printing and distribution (Mailing to CEQ) 9~ .Public Notice for Public Hearing 10, Public Hearing 11~ Final EIS published EPA Form 1'.l20-6 (Re.,, 6-72) 5/7/76 6/4/76 7/2/76 7/23/76 .8/13/7 6 9/10/76 9/13/76 10/19/76 /7JP -?.:-j-r-/7 7 Elapsed Time . ~· 6 weeks 5 weeks 4 weeks 4 weeks 3 weeks 3 weeks 4 weeks 3 days 5 weeks 3 ,months • I COUNTY SANIT~A. TION DISTRICTS OF ORANGE COUNTY, CALIFORNIA P. 0. BOX 8127, FOUNTAIN VALLEY, CALIFORNIA 92708 10844 ELLIS AVENUE (EUCLID OFF-RAMP, SAN DIEGO FREEWAY) Mr. Paul DeFalco, Jr. Regional Administrator May 13, 1976 U. S. Environmental Protection Agency Region IX 100 California Street San Francisco, CA 94111 Dear Mr. DeFalco: Our Boards of Directors are very concerned that EPA finds it necessary to expand the scope of the Environmental Impact Statement for the Facilities Plan of the Districts by 150%. In March, 1975, our Directors authorized the engagement of TELCPHON ES: AREA CODE 714 540-2910 962-2411 J. B. Gilbert and Associates to prepare an Environmental Impact Statement for an amount not to exceed $60,000. In recent discussions on April 27th with State and EPA repre- sentatives, the scope of the Environmental Impact Statement was expanded involving additional work for the EIS consultant and we have been asked to increase the maximum agreed-upon amount from $60,000 to $150,000 plus printing expenses not to exceed $35,000. Our Directors wish to voice their objection to both EPA and the State concerning thls new requirement. Specifically, it is our opinion that EPA has now made unnecessary major changes in the scope of the project over-all which will prove of minimal value. Additionally, the time delay necessary to pre- pare the expanded version of the Environmental Impact Statement will produce considerable extra costs and result in a dis- ruption of the rigid schedule established by EPA, the State, and our Districts. It is the opinion of the Directors that the additional costs of $90,000, together with the quantity and quality of the printed report, is grossly excessive. It is the request of the Directors that EPA and the State reconsider the necessity of the current request to extend the scope of work on the proposed EIR/EIS. I ~, , Mr. Paul DeFalco, Jr. May 13, 1976 Page 2. COUNTY SANITATION DISTRICTS of ORANGE COUNTY, CALIFORNIA P. 0. BOX 8127 10844 ELLIS AVENUE FOUNTAIN VALLEY, CALIFORNIA 92708 (714) 540-2910 (714) 962-2411 In the event you or representatives of your office would care to meet with myself or the Directors and staff of the Districts, we will be most happy to schedule a meeting at your convenience. Very truly yours, ,~0~ L-c)~~ Donald E. Winn Joint Chairman Richard Coddington, EPA Region IX Larry W. Walker, SWRCB Fred Krieger, EPA Region IX Robert Gillette, SWRCB EXHIBIT "A" (Revised) AGENDA ITEM #12(A) Designated Positions Categories 1. Directors I, II, III 2. 3. 4. 5. 6. 7. 8. 9. General Manager I, II, III Director of Finance and I, II, III Board Secretary Chief Engineer I, II, III Superintendent I, II, III General Counsel I, II, III Consultants* I, II, III Supervisory Personnel as set forth I, II, III in Districts' salary resolution, as amended Lead Storeskeeper I, II, III * The word "consultant" is defined in .Section 1. 5 (b). A position nominally known as a consultant to the District is not a designated position herein unless such definition is satisfied. Thus, a "financial consultant", an "engineering consultant" and a "bond counsel" in many instances will not be a consultant herein. Determinations hereunder shall be made by the govern- ing body of the District. . ·DISTRICTS 2,3,5,6 & 7 ITEMS 0~ SUPP LEMENTAL AGENDJI.. (3) Consideration of motion to receive and file minute excerpts from the following cities regarding elections of mayors and appointment of alternates, and seating new membeis of the Boards: (*Mayor) City Anaheim Cypress Newport Beach Placentia Stanton Villa Park District(s) 2 & 3 3 s s 6 7 2 3 2 Active Miriam Kaywood Alice J. MacLain* Howard Rogers* Donald Mclnnis Paul Rycoff Pete Barrett Donald A. Holts, Jr. Martha V. Weishaupt* Donald Winn Alternate W. J. Thom* Otto Lacayo Ray Williams Howard Rogers* Howard Rogers* George F. DeJesus* Harry L. Miller Harry F. Tipton* • II BOARDS OF DIRECTORS County Sanitation Districts ol Orange County, Calilornia JOINT BOARDS MEETING DATE MAY 12J 1976 -7:30 P.M. Post Office Box 8127 10844 Ellis Avenue Fountain Valley, Calif., 92708 Telephones: Area Code 714 540-2910 962-2411 AGENDA THE JOINT CHAIRMAN HAS REQUESTED THAT ANY DIRECTOR WITH A QUESTION ON CONSENT CALENDAR ITEMS OR ANY OTHER AGENDA ITEM PLEASE CONTACT THE MANAGER OR APPROPRIATE DEPARTMENT HEAD FOR FURTHER INFORMATION PRIOR TO THE MEETING, (1) Pledge of Allegiance and Invocation (2) Roll Call (3) Consideration of motion to receive and file minute excerpts re seating of new Directors. See supplemental agenda (4) EACH DISTRICT Consideration of motions approving minutes of the following meetings, as mailed: ... District 1 April 14, 1976 regular, and ,, April 21, 1976 adjourned . ~ ) District 2 April 14, 1976, regular .f' ~/ kf ,· District 3 April 14, 1976, regular ,tt t-l '..•. ., District 5 April 14, 1976, regular_ I . , - ,, ( {ll' ~-r District 6 April 14, 1976, regular /'.•" '. ,._,~ 0 l~-fv"-at District 7 -April 14, 1976, regular District 11 -April 14, 1976, regular :----...... 'Y'. .;,A' . (5) EACH DISTRICT Annual election of Chairmen and Chairmen pro tern of the Boards ,. (a) District 1 ~c7t. l ·~LB""".,~ ... -- w(i~ !...: (b) District 2 :cft-. J.. / u}" __ , ) li·i4d-,J (c) District 3 ) .·,. (d) District 5 1'>1! l ·t . ~di.t<-6 ~ I (e) District 6 ~--~: •. _,r,~ %~ '.: ~. ) J- (f) District 7 I . · i I I , I ";aJr. 1 · · .. ( . . , (g) District 11 (6) Appointment of Chairmen pro tern, if necessary (7) ALL DISTRICTS Reports of: {a) Joint Chairman {b) General Manager, {c) General Counsel (8) ALL DISTRICTS Consideration of roll call vot~ motion ratifying payment, of claims ROLL CALL VOT£ ........ ._ ..... of the joint and individual Districts as follows {Each Director shall be called only once and that vote will be regarded as the same for each District represented, unless a Director expresses a desire to vote differently for any District): JOINT OPERATING FUND See page{s) "A" and "D" CAPITAL OUTLAY REVOLVING FUND See page{s) "A" and "D" DISTRICT NO. 1 NONE DISTRICT NO. 2 See page(s) "B" and "E" DISTRICT NO. 3 See page{s) "B" and "E" DISTRICT NO. 5 See page(s) "E" DISTRICT NO. 6 NONE DISTRICT NO. 7 See page(s) "C" and "F" DISTRICT NO. 11 See page(s) "C" (9) ALL DISTRICTS CONSENT CALENDAR Roll Cati Vote or Cast Unanimous Ballot ITEMS NOS. 9 (A) THROUGH 9 ( 0 ) All matters placed upon the consent calendar are considered as not requiring discussion or further explanation and unless any particular item is requested to be removed from the consent calendar by a Director, staff member, or member of the public in attendance, there will be no separate discussion of these items. All items on the consent calendar will be enacted by one action approving all motions, and casting a unanimous ballot for resolutions included on the consent calendar. All items removed from the consent calendar shall be considered in the regular order of business. Members of the public who wish to remove an item from the consent calendar shall, upon recognition by the chair, state their name, address and designate by letter the item to be removed from the consent calendar. * * * * * * * * * * * * * * * * * * Chairman will determine if any items are to be deleted from the consent calendar. Consideration of action to approve all agenda items appearing on the consent calendar not specifically removed from same. -2- (9) (CONSENT CALENDAR continued from page 2) ALL DISTRICTS (a) Consideration of motion approving Change Order No. 1 to the plans and specifications for New Water Well No. 1 at Plant No. 1, Job No. PW-049, granting a time extension of 45 calendar days to the contract with McCalla Bros. in order to allow McCalla Bros. to complete an emergency commitment to the Southern California Water Company. See page "G" (b) Consideration of motion approving Addendum No. 1 to the plans and specifications for Rehabilitation of Rothrock Outfall Pumping Station, Plant No. 2, Huntington Beach, California, Specification No. E-079 (c) Consideration of Resolution No. 76-83, to receive and file bid tabulation and recommendation, and ·awarding purchase contract for one new, dual fuel, gas engine for Rehabilitation of Rothrock Outfall Pumping Station, Plant No. 2, Huntington Beach California, Specification No. E-079, to Waukesha Engine Servicenter, Inc., in the amount 9f $76,318.00 including tax and freight. See pages "H" and "I" (d) Consideration of motion ratifying attendance of Joint Chairman Don Winn at a meeting with members of the State Water Resources Control Board in connection with the proposed Committee of Locally Elected Officials in Sacramento on February 18, 1976; and ratifying attendance of Director Frances Wood at the National Association of Regional Councils Water Quality Workshop relative to 208 Planning, in Burlingame, California, on May 5, 6 and 7, 1976, and authorizing compensation and reimbursement of expenses in accordance with existing policies (e) Consideration of Public Employees Retirement System standard Resolution No. 76-84, approving amendment to Retirement System contract to depool from the State funding pool, and providing one-year final compensation basis for retirement benefits (Finalizes the Boards' declaration of intent on April 14, 1976, Resolution No. 76-62.) DISTRICTS 1 & 7 (f) Consideration of motion to receive, file and accept proposal of Boyle Engineering Corporation, dated May 5, 1976, for preparation of plans and specifications for Raitt Street Trunk Sewer, for a lump sum fee of $ 65, 900. 00. See page "J" DISTRICT 2 (g) Consideration of motion to receive and file request from G. L. Lewis Company for annexation of approximately 26.382 acres of territory to the District in the vicinity easterly of Mesa Drive and Loma Street, and refer._to. staff. for study. and recommendation (Proposed Annexation No. 15 -Tract No. 8885 to County Sanitation District No. 2). See page "K" (CONSENT CALENDAR continued on page 4) -3- (9) (CONSENT CALENDAR continued from page 3) DISTRICT 3 (h) Consideration of motion to receive and file letter from County of Los Angeles, Department of County Engineer, dated April 26, 1976, requesting consideration of possible sewage capacity in the District's system for the La Habra Heights area, and refer to staff for study and recommendation See page · "L" (i) Consideration of motion to receive and file Stop Notice submitted by Ray E. Molina, in the amount of $585.00, against A. G. Tutor Co., Inc. & N. M. Saliba Co., contractor for the Knott Interceptor, a Portion of Reach 7, Contract No. 3-20-2 DISTRICT 5 (j) Consideration of Resolution No. 76-85-5, approving new Standard Agreement for Collection of Sewer Connection Charges with the City of Newport Beach, canceling similar agreement dated September 15, 1972, and rescinding previous minute action re payment of fees for such services. See page "M" DISTRICT 7 (k) Consideration of Standard Resolution No. 76-86-7, ordering annexation of approximately 23.481 acres to the District in the vicinity of Skyline Drive and Plantero Drive (Proposed Annexation No. 42 -Tract No. 8640 to County Sanitation District No. 7) (1) Consideration of Resolution No. 76-87-7, ordering annexation of approximately 62.64 acres to the District in the vicinity of the northeast corner of Orange Park Acres and Chapman Avenue (Proposed Annexation No. 46 -Tracts Nos. 8799 and 8827 to County Sanitation District No. 7). See page "N" (m) Consideration of Standard Resolution No. 76-88-7, authorizing initiation of proceedings to annex approximately 22 acres of territory to the District in the vicinity of Chapman Avenue and the proposed extension of Crawford Canyon Road (Proposed Annexation No. 54 -Tract No. 8745 to County Sanitation District No. 7) DISTRICT 11 (n) Consideration of motion approving Change Order No. 2 to the plans and specifications to Remodel Newland-Hamilton Pumping Station Facilities, Contract No. ll-4R, authorizing an adjustment of engineer's quantities and a total addition of $157.31 to to contract with Clifford L. Thompson Construction Company, for additional block wall, and granting a time extension of 66 calendar days due to difficulty in obtaining required materials as specified.-See page "0" (CONSENT CALENDAR continued on page 5) -4- (9) (CONSENT CALENDAR continued from page 4) DISTRICT 11 (Continued) (o) Consideration of Resolution No. 76-89-11, accepting Contract No. ll-4R, Remodel Newland-Hamilton Pumping Station Facilities, as complete, authorizing execution of a Notice of Completion; and approving Final Closeout Agreement. See page "P" END OF CONSENT CALENDAR (10) ALL DISTRICTS Consideration of items deleted from consent calendar, if any -5- (11) ALL DISTRICTS Report of Executive Committee and consideration of motion to receive and file the Committee's written report (12) ALL DISTRICTS Consideration of action on items recommended by the Executive Committee: (a) Consideration of actions relative to adoption of proposed Conflict of Interest Code: (1) (2) Consideration of motion to receive and file letter from Districts' General Counsel, dated April 29, 1976, re adoption of Conflict of Interest Code. See page "Q" Roll Call Vote or Cast Unanimous Ballot Consideration of Resolution No. 76-90, setting June 9, 1976, at 7:30 p.m. at the Districts' administrative office as the time and place of hearing on a proposed Conflict of Interest Code, and directing the Secretary to give notice thereof. See page "R" (b) Consideration of actions relative to request of Garden Grove Sanitary District for waiver of connection fees on Ranchero ~ Way and Ranchero Place: / (1) Consideration of motion to receive and file General Counsel's opinion, dated May 5, 1976, relative to request of Garden Grove Sanitary District for waiver of connection fees. See page "S" (2) Consideration of motion to respectfully deny request of Garden Grove Sanitary District for waiver of connection fees to serve 21 homes constructed in Garden Grove on Ranchero Way and Ranchero Place based upon opinion and recommendation of the General Counsel (c) Consideration of actions relative to amendment to agreement with J. B. Gilbert and Associates for preparation of Environmental Impact Statement: (1) Consideration of motion to receive and file Environmental Protection Agency memorandum, dated April 30, 1976, relative to preparation of Environmental Impact Statement. See page "T" (2) Consideration of motion to receive and file letter of J. B. Gilbert and Associates, dated April 15, 1976, relative to cost of additional work for preparation of Environmental Imp~ct Statement. See page "U" (3) Consideration of Resolution No. 76-92, approving amendment Roll Call Vote or Cast to agreement with J. B. Gilbert and Associates for preparation unanimous Ballot of Environmental Impact Statement re Treatment Plant Facilities { Plan, providing for an increase for said services on a per diem 1 > oj fee basis from $60,000 to $150,000 plus printing costs not to f j f') ,f'/( ,/// exceed $ 35, 000, in form approved by the General Counsel, as >J, /" 0, 1 Jf!;' L reques 7 ted 1 by the Env,ir~nmental P}~tec~i:n. ~g~~c~. See page __ ' ~V-: '_' __ _ '-{ 12) Continued on page , , ,O , • ~ ;, c / ·. ),' 1 , > ' €,.-(.,~; , /' / &.U, L (-6- .. (12) (d) Consideration of Resolution No. 76-91, .. authorizing General Manager and Joint Chairman to designate Directors to represent Roll Call Vote or Cut Unanimous B~llot the Districts on District business ·, and providing for compensation and reimbursement of expenses incurred relating thereto. See page "W" (13) ALL DISTRICTS Staff progress report on JPL-ACTS Pilot Plant facility (14) ALL DISTRICTS Other business and communications or supplemental agenda items, if any (14) ITEMS ON SUPPLEMENTAl AGENDA Consideration of motion authorizing General Manager to designate one staff member to travel to Liberal, Kansas, to inspect and supervise loading of two used, dual fuel, gas engines purchased pursuant to Board authority on April 14, 1976; and authorizing reimbursement for travel, meals, lodging and incidental exp enses incurred (1.5) DISTRICT 1 Other business and communications or supplemental agenda items, if any (16) DISTRICT 1 Consideration of motion to adjourn 'f '.'YV (17) DISTRICT 2 Other business and communications or supplemental agenda items, if any (18) DISTRICT 2 (19) (19) IT EMS ON SUPPLEM ENTAl AG ENDA (20) (21) (22) (23) Consideration of motion to adjourn f:r7 DISTRICT 3 Other business and communications or supplemental agenda items, if any Cons i deration of motion to receive, file and deny claim of Carol Ann Me s tas,· date d April 19, 1976, in the am otint of $810.39 , in conn e ction with construction of the Knott Int e rceptor, a Portion of Reach 7, Contract No. 3-20-2, and refer to the contractor and Di s trict's liability ins ura nce carrier for appropriate action DISTRICT 3 Consideration of motion to adjourn q )f DISTRiCT 5 Other business a nd communications or supplemental agenda items, if any DISTRICT 5 Consideration of motion to adjourn 1; I ~ DISTRICT 6 Other business and communications or supplemental agenda items, if any (24) DISTRICT 6 Consideration of motion to adjourn tj 1 ~ -7- (25) DISTRICT 7 Other business and communications or supplemental agenda items, if any (26) DISTRICT 7 Consideration of motion to adjourn.¥-~/ (27) DISTRICT 11 Other business and communications or supplemental agenda items, if any (28) DISTRICT 11 CJ,..,t' (. 1 Consideration of motion to adjourn to 7: 00 p. m. f-May-24·, 1976, at City of Huntington Beach Council Chambers c, '.':-. r -8- \ 1 COUNTY SANITATION DISTRICTS OR ORANGE COUNTY, CALIFORNIA P. 0. BOX Bl 27, FOUNTAIN VALLEY, CALIFORNIA 92708 10844 ELLIS AVENUE (EUCLID OFF-RAMP, SAN DIEGO FREEWAY) NOTICE TO THE EXECUTIVE COM:MITTEE ./ Don Winn, Chairman V"'Norma B. Gibbs, Vice Chairman ~ Y.erm Rima V-Phillip Cox V" John Garthe v-Supv. Laurence J. Schmit April 29, 1976 Re: Committee Meeting May 4, 1976 -5:30 p.m. Chairman Winn has asked us to advise you that there will be a meeting of the Executive Committee at the above hour and date in the Districts' offices. A brief report on items to be discussed is attached. The meeting is scheduled to begin at 5:30 p.m., and dinher will be served at 6:30 p.m. Enclosures I ) dCl, -Xa~ Fred A. Harper · General Manager cc: Directors ~lar.. Dostal and ~ernon Evans Tom Woodruff, General Counsel ) TELE PH ON ES: AREA CODE 714 540-291 D 962-2411 COUNTY SANITATION DISTRICTS of ORANGE COUNTY, CALIFORNIA P. 0 . BOX 8127 10844 ELLIS AVENUE FOUNTAIN VALLEY, CALIFORNIA 92708 April 29, 1976 MANAGER'S REPORT TO THE EXECUTIVE COMMITTEE Meeting Date: May 4, 1976 -5:30 p.m. (714) 540-2910 (714) 962-2411 Chairman Winn has called this meeting for 5:30 p.m. Directors Milan Dostal and Vernon Evans have been invited to attend and participate in the discussions. 1. Treatment Plant Capital Outlay Budget for 1976-77. The staff is in the process of preparing budget recommendations . for the 76/77 Joint Operating and Joint Construction budgets. They will be considered by the Executive Committee in the latter part of May. With the recent acceleration of the State and Federal grant program, our long-range cash-flow projections for the joint works construction program are no longer valid. In fact, we project that it will be necessary to i ncrease the Districts' tax contribution to the Capital Outlay Revo lving Fund budget from $2.5 million per year to $6 million per year for the next three to five years. We have anticipated some of this increase and reserves have been set up in the individual Districts ' Accumulated Cap ita l Outlay funds. How- ever, at least three of the Districts will have difficulty making their contributions without rescheduling District projects or seeking new revenues. The staff will be prepared to go into more detail at Tuesday's meetin g . Attached is a brief explanation of our money needs in support of an accelerated construction program. 2. Conside ration of a Conflict of Interest Code. The General Counsel is recommending the adoption of the enclosed Conflict of Interest Code which has been developed by the California Association of Sanitation Agencies Attorneys' Committee to comply with the requirements of Chapter 7, Title 9 of the Government Code. Enclosed is a separate re port from Mr. Woodruff. It is the staff's recommendati on that all personnel in ma nage- ment and supervisory classifications be required to file in accordance with the Code. 3. Request of the Gard en Grove Sanitary District for Waiver of Conne ction Fees. At the March 30th meeting of the Executive Committee, considera- tion was given to a request from the Garden Grove Sanitar y District 'l ' for waiver of connection charges for 21 existing homes in a proposed sewer assessment District. The Committee directed the staff to obtain information con cerning the .amount of property taxes paid the Districts for the subject properties. The staff has determined that something less than $1,000 taxes have been paid by the subject properti e s since the inception of the District for operation and maintenance of a sewer system from which these properties have received no benefit to date. 4 .. Amending Agreement with J. R. Gilbert and Associates Dated March 26, 1 975. On March 26, 1975, the Boards authorized the engagement of J. R. Gilbert and Associates to prepare the Environmental Impact Statement for the Districts' Facilities Plan. The Environmental ·Impact Stat e ment is being prepared jointly With the Environmental Protection Agency and funded with 87~% State and Federal Step I grant funds . In recent discussions with the State and EPA, the scope of the Environmental I mpact Statement has been expanded at EPA's insistence involving additional work for the consulting firm. Attached is a staff explanation of the requi red additional work and the estimated costs associated with same. 5. Authority to Pay Directors Compensation ·and Per Diem When Participating in Activities to the Benefit of the Districts . Presently, the General Manager has the authority ·to designate members of the Boards and s t aff to attend meetings, conferences, and other functions within the State of California which will be of value to the Districts. It is requested that this authority be extended t o provide when the General Manager requests attendance by Directors, with the concurrenc.e of the Joint Chairman, that Directors a ttending will be paid compensation and expense re i m- bursement pursuant to existing Districts' resolutions establishing compensation and expense reimbursement policies. We are requesting this provision to remove any doubt or concern when a Director is asked to serve or represent the Districts at a function within the State, that they be assured of allowable compensati o n and exp ense reimbursement. Currently, the authority rests with the Bo a rd (s ) and authori z a tion for payment of compensation for attendance at me etings must either be app roved in advance or re- quested after the date of participation. 6. Procedures for Obtaining En g ineering Services. Now that the selection committee has had the benefit of negotiating eng ineering services in connection with the design of the 75 mgd Activated Sludge Treatment Facilities at Plant No. 2, -2- Selection Committee members may wish to comment on the procedures which have been adopted by the Boards. The ~election procedures became effective February 11th and are to be reviewed for modifi- cations sometime between August and October. Fred A. Harper General Manager -3- MEMORANDUM April 29, 1976 TO: Fred A. Harper, General Manager FROM: Ray E. Lewis, Chief Engineer COUNTY SANITATION DISTRICTS of ORANGE COUNTY, CALIFORNIA P. 0. BOX 8127 10844 ELLIS AVENUE FOUNTAIN VALLEY, CALIFORNIA 92708 (714) 540-2910 (714) 962-2411 SUBJECT: Capital Outlay Revolving Fund, Fiscal Year 1976-77 In March of 1974 the Districts forwarded to the State Water Resources Control Board and EPA a project report for improved treatment of Plant No. 2. This project report called for an expenditure of $275 million to meet the State and Federal requirements for ocean discharge. Based upon this report and the needs surveys for treatment facilities required to meet the discharge requirements, the Districts facilities have been included in the project list as adopted by the State B~ard and as approved by the EPA for the following projects: 1. 2. 3. 4. 5. 6. 75 MGD of secondary treatment at Plant No. 2 24 MGD expansion of premary treatment at Plant No. 2 Phase 2 expansion of primary flows at Plants Nos. 1 & 2 Secondary treatment of Plants Nos. 1 & 2 Expansion in improved treatment including headworks addition at Plant No. 1 Expansion and improvement of secondary treatment at Plants Nos. 1 and 2, Phase 2 Total $. 73,800,000 4,400,000 24,400,000 36,900,000 125,000,000 125,000,000 $389, 500, 000 Although the project list as approved by the State may not represent the true project cost, it does indicate an extreme high level of construction activities for the joint works facilities. The Board has recently approved the design effort for 75 MGD of improved treatment at Plant No. 2 which the estimated construction cost is approximately $61~ million. The State has requested that we analyse our cash flow situation in order that we might consider the commencing of the design of an additional SO MGD a day of improved treatment at Plant No. 2 in August of this year pending the results of the Fred A. Harper April 29, 1976 Page Two JPL-ACTS Process Pilot Plant effort. It is estimated that this second phase of improved treatment at Plant No. 2 will be approximately $50 million. The State as well as the EPA is most anxious to obligate grant construction funding before the September 30, 1977 deadline in order that the State of California does not lose its allocation as provided by the Congress 1972 amendment to the Clean Water Act. If the Districts are to proceed to meet the NPDES discharge requirements and to contract for pver $100 million in the summer of 1977, the CORF budget must be increased considerably over what has been experienced in the past few years. 'Ibe past CORF budgest adopted by the Boards raised by taxes are as follows: 1968-69 1969-70 1970-71 1971-72 1972-73 1973-74 1974-75 $4,180,000 3,800,000 3,800,000 2,000,000 2,500,000 2,500,000 2,500,000 It is estimated that the CORF budget for the 1976-77 fiscal year will be approximately $6,000,000. It is suggested that the staff present the capital expenditure program to the Executive Committee at their scheduled meeting of May 4th in order that they may apprise the Joint Board as to the level of effort involved with meeting the clean water bond laws of the State and EPA. REL:ss RICHARO 0. FRAZEE STEPHEN C.STEWART TMOMAS L. WOOORUFI" .JEFFREY A. HARTMAN LAW OF'F'ICES Stewdrt,. \f ooclruff & frdzce 1055 NORTH MAIN STREET, SUITE 1020 SANTA ANA, CALI F'ORNIA 92701 April 29, 1976 Boards of Directors . County Sanitation Districts of Orange County, California P. o. Box 8127 Fountain Valley, California 92708 Subject: Adoption of Conflict of Interests Code AREA cooe: ?14 835-15212 As each of you has been made aware, the provisions of the Political Reform Act of 1974 (Proposition 9) are now being implemented and specifically require all local public agencies to adopt a conflict of interest code that will apply to its officers and employees. On behalf of the County Sanitation Districts, the code will be adopted by the Board of Directors of each District and will be submitted to the Orange County Board of Supervisors for their review and approval. The Board of Supervisors has established the date of August 1, 1976 as the final date for submission of the District's code. The Executive Committee is being requested to review the draft of the code which is the basis upon which the specific code will be submitted to the full Boards at the meeting of June. This draft code is the product of the Attorneys Committee for the California Association of Sanitation Agencies (CASA) and, in my opinion, is the best product of efforts to have a comprehen- sive yet simplified set of rules. It is considerably more specific than the model code proposed by the League of California Cities and, while a few paragraphs will need to be changed to more precisely identify the factual situation with our Districts, the su~stance is basically being recommended by my office. It now appears that the code will be made to apply to the super- visory category employees of the District, in view of the fact that they generally have the ability to make or participate in the making of decisions which could foreseeably have a material effect on a financial interest of the person holding their position. Additionally, a few other categories will necessarily COMMITTEE AGENDA ITEM No. 2 Boards of Directors April 29, 1976 Page Two have to be included because of the particular responsibilities of the jobsmeeting the same criteria. It is also being recommended that the code to be adopted by the Districts will require the consultants to the Districts, such as engineering firms and general counsel, be made to comply with all of its provisions. I do point out, however, that there are some exceptions, such as a consultant who owns less than a 10% interest in the firm which is being retained by the District need not ·disclose, on the basis of a minimum involvement. With regard to the form of the reporting requirements, it is substantially similar to that presently being required of most Directors in their capacities as members of the City Councils. Finally, with respect to the adoption of the code, we are, as noted above, required to submit our adopted code to the Board of Supervisors by August 1, 1976. However, the code that will be submitted to the Board for approval will include my recom- mendation that it not become effective as a law governing the officers and employees of the District until January 1, 1977. This recommendation is based primarily upon the fact that no effective date is required as a matter of State law and, secondly, it will avoid one additional filing during 1976 in view of the numerous filings that have already been made by most Directors. Likewise, the actual filing date is not yet determined, but at this point it would appear that the month of April will be selected as the annual anniversary date. The purpose of this is to coincide with the reporting dates that the Directors will experience as members of the City Councils and, therefore, will prevent an unnecessary amount of duplicate efforts spread through several months of the year. ~:::ft~· General Counsel TLW:·ab I I WJML:SSW:ra 1/21/76 Rev. 2/ 2/76 CONFLICT OF INTEREST CODE OF THE ------~-------------------------- DISTRICT ARTICLE !--GENERAL PROVISIONS Section 1.1. Authority. This Code is adopted pursuant to, ' -and in implementation of, Article 3 (commencing with Section 87300) of Chapter 7 ,. Title 9 of the Government Code of the State of California. Section 1.2. Effect. This Code isin addition to State and local laws pertaining to conflicts ·of interest of District officers and employees and is not intended to abridge or otherwise modify such laws. Section 1.3. Severability. If any article~ section, subsec- tion, paragraph, subparagraph, sentence •. clause or phrase of this Code is for any reason held to be invalid, unconstitutional or Unenforceable, such decision shall not affect the validity of the r~maining portions of this Code. The District declares that it would have adopted this Code and each article, section, subsection, ·paragraph, subparagraph, sentence, clause and phrase thereof irr.espective of the fact any one or more of such portions of this Code be declared invalid, unconstitutional or unenforceable. Section 1. 4. Effective Date. · This Code $hal 1 take effect upon its approval by the Board of Supervisors of the County. Section l.5. Definitions. As used in this Code, unless the context otherwise clearly implies, the following words and terms shall have the meanings set forth herein. (a) Business ent!_!y. "Business entity" means any organization or enterprise operated for .profit, ~ncluding but not limited to a proprietorship, partnership, firm, business trust, joint venture, syndicate, "corporation or association. (b) Consultant. "Consultant" means a p~sition established by contract with the District pursuant to which contract information, advice, recommendation or counsel is provided to the District; provided, however, that "consultant" shall not include a position in which the person providing such information, advice, recommend- ation or counsel: (1) conducts research· and arrives at conclu- sions with ·respect to his or her rendition of information, advice, reconnnendation or counsel independent of the control and direction of the District or of any District official, other than normal contract monitoring; and (2) possesses no authority with respect to any Dis_trict decision beyond the rendition of information, advice, reconnnendation or counsel. · (c) County. "County'.' means the county in whic;h this District is located. (d) . Designated employee. "Designated employee" means a natural person holding, or representing a business entity which h~lds, a designated position. (e) Designated position. "Designated position" means a position within the District specified in Exhibit "A" attached hereto. Designated positions are deemed to involve the making or participation in the making of decisions which may foreseeably have a material effect on a financial interest of the designated employee holding such position. (£) Disclosure statements. "Disclosure statements" mean statements disclosing reportable interests required, by Section 2 .1, to be filed by designated employees. (g) District. "District" means this District. (h) Reportable interests. "Reportab~e interests" mean investments, interests in real property and income required to be disclosed by designated employees. "Reportable interests" -2- ' l ( i as to any particular designated employee means those. categories of such interests assigned, by Exhibit "A" attached hereto, to the designated position held by such employee. "Reportable interests' as to any particular employee are deemed by said assignment to be affected foreseeably and materially by any decision made or parti- cipated in by the designated employee by virtue of his or her position. (i) Secretary. "Secreta.ry:~ means that officer of this District responsible for Di~trict fi1es and records. ARTICLE !!--DISCLOSURE Section 2.1. Disclosure Statements. Each designated· employee .shall file an initial statement and annual statements disclosing those reportable interests in the category or categories of reporta~le interests, more particularly described in Section 2.5, which are assigned by Exhibit "A" hereof to the designated position ·held by such CI:lployee. In the event a designated employee does not have any such reportable interests, such statements n~ed not be fil~d. Such statements shall be filed at the place specifi~d in Section 2.2 and at the times specified. in Section ·2.3 and Section 2.4, shall contain the information specified in Section 2 .. 6 through Section 2.8, and shall be in the form specified in Section 2.9. S.ection 2. 2. Place of Filing. Disclosure statements shall be filed, ~n the original, with th_e. Secretary., who shall receive such statements on behalf of the District. The Secretary shall make and retain a copy of each disclosure statement so filed and shall forward the original thereof to the Board of Supervisors of the County. Section 2.3. Time of Filing Initial Statements. (a) In General. Each designated employee havin~ reportable interests shall file an initial disclosure statement within thirty· (30) days after the effective date of this Code . .. 3_ (b) Civil Service Employees. Each civil service employee who assumes a designated position· more than thirty (30) days after the effective date of the Cod~ and who has reportable interests at the time of assuming· such position shall file an initial disclosure statement within thirty (30) days after assuming such position. (c) Other Employees. Each employee who is not a civil service employee, who assumes a designated position more .~ban thirty (30) days after the effective date of this Code, and .~.. who has reportable interests at the time of assuming such position .shall file an initial disclosure statement not less than ten (10) days before assuming such position, unless an earlier assumption of such position is required, in which event, the initial disclosure .statement shall be filed within 30 days of assuming the designated position. Section 2.4. Time of Filing Annual· Statements. An annual -Oisclosure statement shall be filed in the month of February of each year by each designated employee who acquired, received or held a reportable interest during the preceding calendar.year whether or .·not such reportable interest was disposed of during such calendar year and whether or not the designated employee ·filed an initial 0Statement pursuant to Section 2. 3. Section 2.5. Categories of Repo~table Interests. Reportable ·interests are divided into the following categories: (a) Category I: Interests in· Real Property. Interests in real property are reportable interests if: (1) the real property to.which the interest .-pertains is located in part or in whole, (A) within the boundaries of the ·District, (B) within two miles of the boundaries of the District, .or (C) within two miles ~f land located outside-of the boundaries of the District which is owned or used by the District; (2) the fair market value of the interest of the designated employee or his or her spouse is greater than One Thousand -4- I ' Dollars ($1,000); and (3) the interest is either: (A) a leasehold, beneficial or ownership interest held by the designated employee or his or her spouse, (B) an option held. by the designated employee or his or her spouse to acquire such an interest,· or (C) an interest or option held by a business entity or ~rust in which the designated . employee or his or her spouse owns directly, indirectly or benefi- cially, a ten ·percent (10%) interes~ or greater;·provided, however, that~in the event that the ownership interest of the designated employee or his or her spouse in such business entity or trust is less than fifty percent (50%). the value, for the purpose of para- graph (2), of the real property interest or .option relates to the value of the pro rata share of the designated employee o~ his or her spouse in the real property interest or option held by the business ·entity or trust; and provided further, that in the event that the ownership interest of the designated employee or his or her spouse in such business entity or trust is fifty percent (50%) or.more, the value, for the purpose of paragraph (2), of the real property interest or option relates to the entire·value of the real property interest or option held by the business entity or trust. (b) Category II: Investments. Investments in business. entities are reportable if: (1) the business entity, including parent corpora- tions, subsidiary corporations or otherwise related business entities, (A) has an interest in real property located in part or in whole within the boundaries of the District, within two miles thereof or within two miles of land. owned or used by the District, (B) does business or plans to do business within the District, or (C) has done business within the District at any time .during the ~o years.prior to the time that the disclosure statement-of the designated employee is filed; (2) the fair market value of the investment of -5- the designated employee or his or her spouse is greater.than One Thousand Dollars ($1,000); and (3) ~he investment either (A) is held by the desig- nated employee or his or her spouse and constitutes a financial interest in, or securit~ issued by, the business entity, including but not limited to common stock, preferred s.tock, rights, warrants, options, debt instruments and any part~ership or other ownership interest; or (B) is held by any .business entity or trust in which the designated employee or his or her spouse owns, directly, indirectly or beneficially, a ten percent (10%) interest or greater, and con- stitutes a financial interest in, or security· issued by, a business entity qualifying under paragraph (2) above, provided, however, that in the event that the ownership interest of the designated employee or his or her spouse in su~h business entity or trust is less than fifty percent (50%), the value, for th~ purpose of· paragraph (2), of the investment relates to the value of the pro rata share of the designated employee or his or her spouse in the investment held by the busi~ess entity or trust; and provided further, that in the event that the ownership intere.st of ~he desig- nated employee or his or her spouse in such business entity or trust is fifty percent (50%) or more,· the value, for the purpose of paragraph (2), of the investment relates to the entire value of the investment held by_the business entity or trust. An investment is not ~eportable if it constitutes · a time or demand deposit in a financial institution, a share in a credit union, an insurance policy, or a bond or other debt instru- ment issued by any government or government agency. (c) Category III: Sources of Income. Sources of income are reportable if: (1) the source of income was eit~er (A) a business entity located o~ doing business as described in subsection (b) (1) (B) an individual residing.within the District, or (C) a non-profit -6- .. association or corporation having its principal place of business within the District; (2) either (A) the aggregate amount of income received by the designated employee or his or her spouse from the source during the period covered by the disclosure· statement was Two Hundred Fifty Dollars" ($250) or more in value, or (B) if the income was a gift received by the· designated employee or his or her spouse from the source during the pe~iod covered by the disclosure statment, the value of the gift was Twenty-Five Dollars ($25) or more; and (3) the income was either received by (A) the designated employee or his or her spouse, o~ (B) received by any business entity or trust in which the designated.employee or his or her spouse owns, directly, indirectly or beneficially, a ten percent (10%) interest or greater, provided, however, that in the event that the income is received by a business entity described in this paragraph (B), the valu~, for the purpose of paragraph (2), of the income relates to the pro rata share of the designated employee or his or her spouse in the income of the business entity or trust.· Income includes, except to the ~xtent excluded by this subsection, income of any nature from any source, including but not limited to any salary, wage, advance, payment, dividend, interest, rent, capital gain, return of capital, gift (including any gift of food or beverage), loan, forgiveness or payment of indebtedness, discount in the price of anything of value unless the discount is available to members of.the public without regard to official status, rebate, reimbursemen~ of expenses, per diem, or con~ribution to an insurance or pension program pa~d by any person other than an employer. Income does not include: (1) campaign contributions ~ required to be reported under Chapter 4 (commencing with Section 84100) of Titl~ 9 of the Government·Code; (2) salary and reimburse- -7- ment for expenses or per diem received from a state or local govern- ment agency and reimbursement for travel expenses and per diem received from a bona fide educational, academic or charitable organization; (3) gifts of informational ~aterial, such as books,. pamphlets, reports, calendars or periodicals; (4) .gifts which are not used and which, within thirty days af~er.receipt, are returned to.the donor or delivered to a charita~le organization without being claimed as a charitable contribution for tax purposes; (5) gifts from an individual's ·spous·e, ·child, parent, grandparent, grandchild, brother, sister,.parent-in-law, brother-in-law, sister- in-law, aunt, uncle, or first cousin or the spouse of any such person; provided that a gift from any such person shall.be considered income if the donor is acting as an agent or intermediary for any person not covered by this paragrap~ (5); (6) any devise or inheri- tance; (7) interest, dividends or premiums on a time or demand deposit in a financial in~titution, shares in a credit union or any insurance policy, payments received under any insurance policy, or any hond or other debt instrument issued by any government or government agency; and (8) dividends, in~erest or any othe~ return on a security which is registered with the Securities and Exchange GoIImlission of the United States Government. (d) Category IV: Supply Sources. Category IV includes investments included. in Category.II in bu~iness entities described therein, and income included in Categ.o;ry III from business entities described therein, if such business entities manufacture or sell supplies, machinery or equipment of the type utilized by the District:. (e) Category V: Contractors. Category V includes investments included.in Category II in business entities described therein, and income included in Category III from.business entities described therein; if such business entities are contractors or subcontractors engaged in ~he performance of work or se~vices of -8- the type utilized by the District. (£) Category VI: Financial Institutions. Category VI includes investments included in Category II in business entities described thereiri, and income included in Category III from business entities therein, if such business entities constitute banks, saving and loan associations, insurance companies, investment companies, title companies, financial consultants or data processing firms. Section 2.6. Content of Disclo~ure Statements; Category I. Disclosure statments required to be ~iled for reportaple interests specifie~ in Category I shall contain the following information: (a) The address or other precise location -of the real property; (b) A statement of the nature of the interest in ·the real property; · (c) When the real property is not used principally as the.residence of the designated employee making the filing, a statement of whether the fair market value of .the interest exceeds Ten.Thousand Dollars ($10,000) and whether it exceeds ·one Hundred Thousand Dollars ($100,000); and (d) In the case of an interest in real property wholly or partially acquired during the period covered by an annual disclo- sure statement, the date of acquisition and, if such interest in such property was disposed.of during such period, the date of dis- position. Section 2.7. Content of Disclosure Statements; Category II .and Related Categories. Disclosure statements required to be filed for reportable interests specified in Category II and investments specified in Categories IV, V and VI shall contain the following information: (a) The name and address of the business entity in which each investment is held; (b) A general description of the business activity in which the business entity is engaged; -9-/ (c) A statement of the nature of the investment; (d) A statement of whether the fair market value of ·the investment ·exceeds Ten Thousand Dollars ($10, 000) and whether it exceeds One Hundred Thousand ~ollars ($100,000); and (e) In the case of investments wholly or partially acquired during the period covered by an ~nnual disclosure state- ment, t~e date of acquisition and, if ~uch interest in such property was disposed of during such period, the date of disposition. Sectio~ 2.8. Content of Disclosure Statement; Category III and Related Categories. Except as to an initial disclosure state- ment for which income sources need not be reported,disclosure statements required to be filed for reportable interests specified in Category III and income sources specified in Categories IV, V and VI shall contain the following ~nformation: (a) The name and address of each source of income; (b) A general .description of the business activity, if any, of each source; (c) A statement. whether the aggregate value of income from each source was greater than One Thousand Dollars ($1,000), and whether it was greater than Ten Thousand Dollars ($10,000); (d) A description of the consideration, if any, for which the income was received; (e) In.the case of income con~tituting a gift, the amount and the date on which the gift ~as received; (f). In the case of income of a business entity, in which the designated employee or his or her spouse owns a ten percent·(l0%) interest or more: (1) name and address and a general description of the business activity of the business e:itity; (2) if such business entity provides legal or brokerage service·s, the name of every natural person, non-profit association or corporation· and business entity who paid.fees to such business entity if the pro rata share of the designated -10- employee or his or her spouse of such fees was One Thousand Dollars ($1,000) or more; and (3) if such business entity does not provide legal or brokerage services, the name of every natural person, ,non-profit association or corporation, and business .entity from whom such business entity received payments if the pro rata share of the designated employee or his or her spouse of gros5 receipts from such person, non-profit association or corporation, or business entity was Ten Thousand Dollars ($10'-,000)" or more during any calendar year partially or wholly covered by the disclosure statement being filed. Section 2.9. Form of Disclosure Statements. Disclosure statements required to be filed hereunder for any category of ·reportable interests shall be substantially in the form set forth for such category in Exhibit "B" attached hereto. ARTICLE III--DISQUALIFICATION Section 3.1. General Rule. Designated employees shall disqualify themselves from making or participating in the making of any governmental decision when it is reasonably foreseeable that a financial interest of the designated employee may be materially affected by the decision. A designated employee shall not be required to disqualify himself with respect to any matter which could not be legally.acted upon or .decided without his participation. Section 3.2. Making Governmental Decisions; Actions Included. A designated employee makes a governrnenta~ decision within the meaning of this Article, when he or she, acting within the authority of his or her position: (a) Votes on a matter; (b) Appoints_a person; (c) Obligates or commits the District to any course of action; -11- . (d) Enters into any contractual agreement on behalf of the District; or (e) Determines not to act, within the meaning of subsection (a) through subsection. (d), unless such determination is made because of his or her financial interest_. When the determination not to act occurs because of his or her financial inte~est, the designated employee's determina- tion must be accompanied by disclosure of the financial interest made part of the District's official records, or made in writing to designated employee's supervisor or appointing power. Section 3.3. Participating in Decisions; Actions Included.· A designated employee participates in the making .of a governmental decision within the meaning of this Article, when he or she, acting within the authority of his or her position: (a) Negotiates in any manner with a governmental entity or private person regar4ing the decision; (b) Conducts research or investigations regarding the decision; (c) Prepares any report, analysis, or opinion regarding the decision; (d) Participates in any governmentai discussions or debates regarding the decision; or (e) Advises or makes recommendations to the decision- maker. Section 3.4. Making or Participating in Decisions; Actions Excluded. Making or participating in the making of a governmental decision as used in this Article shall not include: (a) Actions of a designated employee which are solely ministerial, secretarial, manual. or cler~cal; · (b) Appearances by a designated employee as a member of the general public before an agency in the course of its pre- scribed governmental function to represe~t himself or herself on -12- matters related solely to his or her personal intere.sts; or (c) Actions by a designated employee relating to the compensation or the terms or conditions of his or her employ- ment or contract. Section 3.5. Financial Interest. A financial interest as used in this Article means: (a) A direct or indirect interest in real property as described in Section 2.5(a) if such interest is worth more than One Thousand Dollars ($1,000); (b) A direct or indirect investment as described in Section 2.5(b) if such investment is worth more than One Thous~nd Dollars ($1,000); (c) A source of income as described in Section 2.5(c), other than a loan by a connnercial lending institution in the regular course of business, if such income aggregates Two Hundred Fifty Dollars ($250) or more in value received by or promised to the designated employee within twelve (12) months prior to the time when the decision refe.rred to in Section 3 .1 is made; or (d) A business entity if the designated employee is a director, officer, partner, trustee or employee or holds any position of management therein. For the purpose of this Section, indirect invest~ent or interest means any investment or interest owned by the spouse or dependent child of a designated employee, by an agent on behalf of a designated employee, by any husines.s entity controlled by the designated employee or by a trust in which he has a sub-stantial interest. A business entity is controlled by a designated employee if the designated employee, his agent, spouse and dependent children hold more than fifty percent (50%) of the ownership interest in the entity. A designated employee has-· a substantial. ·interest in a trust when the employee, his spouse and dependent children have a prPsent or future interest worth more than One Thousand· Dollars ( $1 . l100) . .1 · ... - Section 3.6. Affected Materially. (a) Standard of Determination. The financial effect of a governmental decision on-a financial interest of .a designated employee is material if, at the time the designated employee makes or participates in the making of a decision, irt light of all the circumstances and facts known at the time of the decision, the de_signated employee knows or ha~ reason to know that the existence of the financial .interest might interfere with the designated employee's performance of his or her duties in an impartial manner.free from bias. (b) Circumstances to be Considered. In determining the existence of a mterial effect upon a financial interest, the designated employee shall consider relevant factors, in-~luding but not limited to the following: (1) In the. case of any real property in which the designated employee has a direct or indirect.interest worth more than One Thousand Dollars ($1,000): (A) whether the effect of the decision will be to increase the income-producing potential of the real property by One Hundred Dollars ($100) or a five percent (5%) per month, whichever is less; and (B) whether the effect of the decision will be to increase the fair market value of the real property by One Thousand Dollars ($1,000) or more or by five percent (5%). whichever is greater. (2) In the case. of a business entity in which the designated employee has a direct or indirect investment worth more than One Thousand Dollars ($1,000), or in the case of a designated employee who is a director, officer, partner, trustee, employee, or holds any position of management ina business entity: (A) whether the effect will be to increase or decrease the annualized gross revenue of the business entity by one percent (1%) or more or the annual net income of the business e_ntity by five percent (5%) or more; and (B) whether the effect of the decision will be to increase or decrease the assets or liabilities of the business e~tity by -14- Fifty Thousand Dollars ($50,000) or more, or by five percent (5%) of its current assets or liabilities, whichever is less. (3) In the case of a source of income of a desig- nated employee (other than a loan by a commercial lending institu- tion in the regular course of business) aggregating· Two Hundred Fifty Dollars ($250) or more in value received by or promised to · the designated employee within twelve (12) months prior to the time when the decision is made: (A) whether, if the source of income ~·. is a business entity, the decision will affect such business entity itr the manner des.cribed in subsection (2) above; (B) ·whether the governmental decision will directly affect the amount of income to be received by the designated employee; and -(C) whether there is a nexus between the governmental decision and the purpose for which the designated employee receives income. The specific dollar or percentage amounts set forth . . in this subsection do not constitute either absolute maximum or minimum levels, but are merely intended to provide guidance and should be considered along with other relevant factors in determining whether a financial interest may interfere with the designated employee's exercise of his or her duties in rendering a decision. (c) Excluded Circumstances. The making or participation in the making of a governmental decision by a person acting under contract in the position of consultant or by a person retained to provide information, advice, reconrrnendation or counsel has no material financial effect on a business entity or source of income in which such person acting under contract in the position of consultant, or person retained to provided information, advice, recommendation or counsel is an officer, ·employee, sole proprietor or partner, if the only financial effects of the decision are the modification, perpetuation or ·renewal of the contractual or retainer agreement and/or the opportunity to bid competitively on a project or contract. -15- Section 3.7. Notice of Action Tc-.k.en. (a) Mandatory Posting of Notice of Action Taken. If a designated employee· disqualifies himself or herself from the making of a decision, or participation in a decision, upon a particular subject, and if the District subsequently connnits itself to a definit~ course of action with regard to said subject, then the Secretary shall post a Notice of Action Taken as soon as is practicable following such connnitment. Sai4 Notice shall be substantially fn the form set forth in Exhi- bit "C" attached hereto and by refer_ence. incorporated herein and shall be conspicuously posted on· or near the door of .the regular meeting place of the governing body of the District. (b) Discretionary Posting of Notice of Action. In the event that the District commits itself to a definite course of action with regard to any subject and no disqualification has occurred, the governing body may direct the District Secretary to post the Notice described in subsection (a) at the time and place set forth in said subsection .. (c) Request for Reconsideration: ·Time of Filing; Effect of Failure to File. In the event that a Notice has been posted pursuant to subsections (a) or (b), a written request for reconsideration or disapproval of any District connnitment on the ground of existence of a conflict of interest of a designated employee shall be filed with the District Secretary within thirty (30) days of the posting of said Notice. In the event that such a request is not filed, said connnitment and all decis.ion made with regard thereto shall be final and conclusive. (d) Reconsideration Upon Filing of Request Therefor. In the event that a request is filed with the District Secretary pursuant to subsection (c) hereof, the Secretary shall direct said request to the District governing body, officer or employee respon- sible for the District conunitrnent in qu~stion and·said body, officer or employee shall cause said conunitrnent to be reconsidered. -16- . EXHIBIT "A" Designated Positions ·categories 1. Directors I, II,. III 2. Manager I, II, III 3. District Engineer I, II, v 4. General Counsel I, II, III 5. Secreta.ry IV 6. Treasurer . VI 7. Purchasing Agent IV 8. Construction Superintendent v 9. Treatment Plant Operator IV 10. Waste Disposal Operator IV 11. Right of Way Agent I 12. Consultants* I, II, III I * The word "consultant" is defined in Section 1. S(b). A position nominally known as a consultant to the District is not a designated position herein unless such definition is satisfied. Thus, a "financial consultant", an "engineering consultant" and a "bond counsel" in many instances will not be a consultant herein. Determinations hereunder shall be made by the governing body of the District. EXHIBIT "B" DISTRICT --~---------------- DISCLOSURE STATE11ENT CATEGORY !--INTERESTS IN REAL PROPERTY PLEASE NOTE: Before completing this statement, read ·section 2.S(a) of the Conflict of Interest Code of this District.· -Such Section describes and limits the items required to be disclosed herein. (Attach additional pages if needed.) A. Designat~d position=~--------------------------------- B. Name of designated empl9yee: ------------------------------~ C. Address or precise location of each parcel of real property: Parcel 1: ~---------------------------------- D. Nature of interest in· each parcel of real property (including whether the interest is held by you, your spouse or a business entity or trust in which you or your spouse own a ten percen~ interest or more): E. If the real property does not ·constitute your principal residence, does the fair market value of such property exceed $10,000? Parcel 1: Yes No ------- Parcel 2: Yes No ------ Parcel 3: Yes No ------ F.· If the real property does not constitute your principal residence, does the fair market value--of such property e~ceed $100,000? Parcel 1,: Yes No Parcel 2: Yes No Parcel 3: Yes No --- -i- FORM I G. If this disclosure statement is an annual, rather than an initial, statement and if the interest in the real property was wholly or partially acquired during the period covered by the statement, give the date of acquisition of such interest and the date of disposition, if any. Parcel l: Acquisition Disposition Parcel 2: Acquisition Disposition Parcel 3: Acquisition Disposition STATE OF-CALIFORNIA ) ) SS County of _____ ) The undersigned, ·perjury, certifies as follows: Date: Date: Date: Date: Date: Date: under penalty of . That (s)he has used all reasonable diligence in the preparation of the foregoing Statement and that to the best of (his) (her) knowledge it is true and complete. Signature: ~~~~~~~~~~~~~~~~~~- Received by District on , 19 ~~~~~~~~~- -ii- FORM I DISTRICT --------~---~--------- DISCLOSURE STATEMENT CATEGORY !!--INVESTMENTS PLEASE NOTE: Before completing this statement, read Section 2.S(b) of the Conflict of Interest Code of this District. Such Section describes and limits the items required to be disclosed herein. (Attach additional pages if needed.) B. Name of designated employee: ~------~---------------------------~----- c. Name and address of the business entity in which each investment is held. D. General description of the business activity in which the business entity is engaged. Investment 1: ~----------~----------------------------------------------- E. Nature of each investment (including whether the investment is held by you, your spouse, or a business entity or trust in which you or your spouse own a ten percent interest or more): Investment 1: ~------------------------------------~--------------------------- F. Does the fair market value of the investment exceed $10,000? Investment 1: Investment 2: Investment 3: Yes ---Yes Yes --- -i- FORM II No ---No No --- G. Does the fair market value of the investment exceed $100,000? Investment 1: Investment 2: Investment 3: Yes ---Yes Yes --- No ---No No --- H. If this disclosure statement is an annual, rather than an initial, statement and if the investment was wholly or partially acquired during the period covered by the statement, give the date of acquisition of such investment and the date of disposi- tion, if any. Investment 1: Acquisition Date: Disposition Date: Investment 2: Acquisition Date: Disposition· Date: Investment 3: Acquisition Date: Disposition Date: STATE OF CALIFOR..~IA ) ) SS Co1:ffitY of ) The undersigned, perjury, certifies as follows: u~der penalty of That (s)he has used all reasonable diligence in the preparation of the foregoing Statement and that to the best of (his) (her) knowledge it is true and complete. Dated: 19 . --------------------- Signature:~------------------------~--------~ Received by District on ~------------~------' 19 -ii- FORM II : .. .-··· I I . I ! I ! DISTRICT ----------------------- DISC I;.. OS URE STATEMENT CATEGORY III--INCOME PLEASE NOTE: Before completing this statement, read ·Section 2.S(c) of the Conrlict of Interest Code of this District. Such Section describes and limits the items required to be disclosed herein. (Attach additional pages if needed.) A. Designated position: -------------------------------------------------- B. Name of designated empl~yee: ________________________________ __ C. Name and address of each source of income: Source 3: ------------------------------------------------------------------- D. General.description of the busin~ss.activity of e~ch scurce of income: Source 1: ----------------------------------------------------------------- E. Was the aggregate value of income from the source greater than $1,000? F. Source 1: Yes Source 2: Yes Source 3: ·Yes Was the aggregate value of income $10,000? Source 1: Source 2: Source 3: Yes ---Yes Yes --- No No No from the source No ---No Ne --- greater than G. Describe the co.nsideration, if any, for which the income was received. Source 1: Source 2: Source: 3: ----------------------------------------------------- ----------------------------------------------------- ------------------------------------------------------- -i- FORM III H. Set forth the amount and the date of receipt of each gift. Gift 1: , 19 ; $ Gift 2:----------, 19-; $--------- Gift 3: , 19= $ ________ _ Complete items I through L below where the income of a business entity in which you or your spouse own a ten percent interest or more, is being reported: I. Name and address of each business entity. Business Entity 1: ~~~~~~~~~~~~~~~~~~~-- J. General description of the business activity of each business entity. Business Entity 1: ~~~~~~~~~~~~~~~~~~~-- K. If such business entity which provides legal or brokerage ··services, set forth the name of every natural person, non-profit association or corporation and business entity who paid fees to such business entity if you or your spouse's pro rata.share of such fees was $1,000 or more. Business Entity 1: ~~--~~--~~--------~--~------~-- L. If such business entity does not provide legal or brokerage services, set forth the name of every natural person, non-profit association or corporation, arid business entity from whom such business entity received payments if you or your spouse's pro rata share of gross receipts from such person, non-profit association or corporation, or business entity was -$10,000 -ii- FORM III or more during any calendar year partially or wholly covered by this statement. Business.Entity!:~~~~--~~----------~~---------~ STATE OF CALIFORNIA ) ) SS County of ) The undersigned, perjury, certifies as follows: -so----~~~~~~~~~~~~ , under penalty of That (s)he has used all reasonable diligence in the preparation of the foregoing Statement and that to the best of (his) (her) knowledge it is true and complete. Received by District on 19 ~~~~~~~~~- By: _T_i_t_I_e_:~~~~~------~------~ -iii- FORM III .~ DISTRICT --~~~~~--~~~- DISCLOSURE STATEMENT CATEGORY IV--SUPPLY SOURCES PLEASE NOTE: Before completing this statement, read Section 2.S(d) of the Conflict of Interest Code of this District. Such Section describes and limits the items required to be disclosed herein. (Attach additional pages if needed.) •. B. Name of designated employee: ____ .__ ____________________________ ___ C. Name and addr.ess of the business entity in which each investment is held: D. General description of the business activity in which the business entity is engaged: E. Nature of each investment (including whether the investment is held by you, your spouse, or a business entity or trust in which you or your spouse own a ten percent interest or more): Investment 1: ----------------------------------------------------- F. Does the fair market value of the investment exceed $10,000? Investment 1: Yes No Investment 2: Yes No Investment 3: Yes No -i- FORM IV M. Describe the consideration, if any, for which the income was received: Source 1.=------------------------- Source 2: ________________________ __ Source 3:~------------------------ N. · Set forth the amount and the date of receipt of each gift: Gift 1: 19 $ Gift 2: 19-; $------- Gift .3:~~~~~~~~~~-' 19==; $~~~~~~- Complete items 0 through Q below where the income of a business entity in which you or your spouse own a ten percent interest or more: O. Name and address of each business entity. Business Entity 1: -------------------~ Business Entity 2: -------------------- Business Entity 3: ___________________ ~ P. General description of the business activity of each business entity. Business Entity 1: ~---------------------~ Business Entity 2: ~------------------~ Business Entity 3: -------------------- Q. Set forth the name of every natural person, non-profit associa- tion or corporation, and business entity from whom such business entity received payments if you or your spouse's pro rata share of gross receipts from such person, non-profit association or corporation, or business entity was $10,000 or more during any calendar yea~ partially or wholly covered by this state~ent: Business Entity 1: -------------------~ Business Entity 2: ------------------------- -iii- FORM IV G. Does the fair market value of the investment exceed $100,000? Investment 1: Investment 2: Investment 3: Yes ---Yes Yes --- No ---No No --- H. If this disclosure statement is an annual, rather than an initial, statement and if the investment was wholly or partially acquired during the period covered by the statement, give the date of acquisition of such investment and the date of disposition, if any. Investment 1: Date of Acquisition: Date of Disp~sition: Investment 2: Date of Acq.uis it ion: Date of Disposition: Investment 3: Date of Acquisition: Date of Disposition: I. Name and address of each source of income: Source 1: Source 2: ~~~~~~~~~~~~~~~~~~~~~~~~-- Source 3: ~~~~~~~~~~~~~---~~~~~~~~~~-- J. General description of the business activity of each source of income: Source 2: ~~~~~~~~~~~~~~~~~~~~~~~~- Source 3: ~~~~~~~~~~~~~~~~~~~~~~~~- K. Was the aggregate value of income from t!le source greater than $1,000? Source 1: Yes No Source 2: Yes No Source 3: Yes No L. Was the aggregate value of income from the source greater than $10,000? Source 1: Yes No Source 2: Yes No Source 3: Yes No -ii- FORM IV ~usiness Entity 3: ___________________ ~--~ STATE OF CALIFORNIA ) ) SS County of ) The undersigned, -~,,,__ __________ , under penalty of perjury, certifies as follows: That (s)he has used all reasonable diligence in the preparation of the foregoing Statement and that to the best of (his) (her) knowledge it is true and complete. Dated:~----------• 19_ Signature:~------------------~ Received by District on , 19 ----------- By: ~T~i-t_l_e_: ________________ ~ -iv- FORM IV G. Does the fair market value of the investment exceed $100.0001 Investment 1: Investment 2: Investment 3: Yes ---Yes Yes --- No ---No No --- H. If this disclosure· statement is an annual, rather than an initial. statement and if the investment was wholly or partially acquired during the period covered by the statement, give the date of acquisition of such investment and the date of disposition, if any. Investment 1: Date of Acquisition: Date of Dispo~ition: Investment 2: Date of Acquisition: Date of Disposition: Investment 3: Date of Acquisition: Date of Disposition: I. Name and address of each source of income: Source 1: J. General description of the business activity of each source of income: Source 3: ~~~--~----~----~--~--~----------~--~--~ K. Was the aggregate value of income from the source greater than $1,000? Source 1: Yes No Source 2: Yes No Source 3: Yes No L.· Was the aggregate value of income from the source greater than $10.000? Source 1: Yes No Source 2: Yes No Source 3: Yes No .:.11- FORM V 'rr DISTRICT --------------------- DISCLOSURE STATEMENT CATEGORY V--CONTRACTORS PLEASE NOTE: Before completing this statement, read Section 2.S(e) of the Conflict of Interest Code of this District. Such Section describes and limits the items required to be disclosed herein. (Attach additional pages if needed.) A. Designated position: -------------------------------------•. B. Name of de.signated employee: _________________ _ C. Name and address of the business entity in which each investment is held: D. General description of the business activity in which the business entity is engaged: Investment 1: -------------------------------------- E. Nature of each investment (including whether the investment is held by you, your spouse, or a business entity or trust in which you or your spouse own a ten percent interest or more): Inve.s tmen t 1 : -------------------------------------- F.. Does the fair market value of the _investment exceed $f0, 0001 Investment 1: Yes No Investment 2: Yes No Investment 3: Yes No -i- FORM V ""'-"' M. Describe the consideration, if any, for which the income was received: Source 1: Source 2: Source 3: N. Set forth the amount and the date of receipt of each gift: Gift 1: 19 ; $ Gift 2: 19-; $------- Gift 3:~--~--~~~--~' 19==; $~~~----- Complete items 0 through Q below where the income of a business entity in which you or your spouse own a ten percent interest or more: 0. Name and address of each business entity. Business Entity 1: ~-----------------------~--~~----~--- P. General description of the business activity of each business et;itity. Business Entity l:~------------------~--------------~~- Business Entity 2=--~----------------------~--~~--~--- Business Entity 3=--------------~~----~--~-------------- Q. Set forth the name of every natural person, non-profit associa- . tion or corporation, and business entity from whom such busine.ss entity received payments if you or· your spouse's pro rata share of gross receipts from such person, non-profit association or corporation·, or business entity was $10, 000 or more during any calendar year partial~y or wholly covered by this statement: Business Entity l: __ .;_, ______________ ~-------~--------------- Business Entity 2=----~--~------------------------------- -iii- FORM V Business Entity 3=--------------------------------------- STATE OF CALIFORNIA ) ) SS County of ) The undersigned, -----...-~~--------------~··under penalty of perjury, certifies as follows: That (s)he has used all reasonable diligence in the preparation of the foregoing Statement and that to the best of (his) (her) knowledge it is true and complete. 19 . Signature:~--------------------------------~ Received by District on ~------~---------- 19 .. By: ~T-i_t_I_e_:------~------------------ -iv- FORM ~\ DISTRICT -------------------- DISCLOSURE STATEMENT CATEGORY VI--FINANCIAL INSTITUTIONS PLEASE NOTE: Before completing this statement, read Section 2.S(f) of the Conflict of Interest Code of this District. Such Section describes and limits the items required to be discl~sed herein. (Attach additional pages if needed.) A. Designated position: --------------------_,...------------------------------------------ B. Name of designated employee: ---------------------------------------------------~ C. Name and address of the business entity in which each investment is held: D. General description of the business activity in which the business entity is engaged: Investment 3: --------------------------------------------------------------------- E. Nature of each investment (including whether the investment is held by you, your spouse, or a business entity or trust in which you or your spouse own a ten percent interest or more): Investment 1: -------------------------------------------------------------------- Investment 2: ------------------------------------------------------------------ Investment 3: ----------------------------------------------------------------- F. Does the fair market value of the investment exceed $10,000? Investment 1: Yes No Investment 2: Yes No Investment 3: Yes No -i- FORM VI •A G. Does the fair market value of the investment exceed $100,000? Investment 1: investcient 2: Investment 3: Yes ---Yes ___ Yes No ---No No H. If this disclosure statement is an annual, rather than ·an initial, statement and if the investment was wholly or partially acquired during the period covered by the statement, give the date of acquisition of such investment and the date of disposition, if any. Investment 1: Date of Acquisition: Date of Disposition: Investment 2: Date of Acquisition: Date of Disposition: ~- Investment 3: Date of Acquisition: Date of Disposition: I. Name and address of each source of income: Source 1: J; General description of the business activity of each source of income: K. Was the aggregate value of income-from the source greater than $1,000? Source 1: ·Yes No Source 2: Yes No Source 3: Yes No L. Was.the aggregate value of income from the source greater than. $10,000? Source 1: Yes Source 2: ---Yes Source 3: ---Yes -ii- FORM VI No ~--No ___ No M. Describe the considerati_on, if any, for which the income was received: N. Set forth the amount and the date of receipt of each gift: Gift 1: I 19 ; $ Gift 2:~~~~~~~~~~~~, 19~; $~~~~~~~- Gift 3: , 19=; $ ______ _ Complete items 0 through Q below where the income of a business entity in which you or your spouse own a ten percent interest or more: 0. Name and address of each business entity. ·nusiness Entity l:~---~-------------------~--~~-------------- Business Entity 2: ------------------------~----------------------- Business Entity 3: ~---------~-------~-----~------------------- Pr General description of the business activity of each business ~ntity. Q. Business Entity 1: --------------------------------~~~--------------- Business Entity 3: ________________________________________ _ Set forth the name of every natural person, non-profit associa- tion or corporation, and business entity from whom such business entity received payments if you or your spouse's pro rata share of gross receipts from such person, non-profit association or corporation, or business entity was $10,000 or more during any calendar year partially or wholly covered by .this statement: Business Entity 1: ________________________________________ _ -iii- FORM ,VI Business Entity 3=~------------------------------------- STATE OF CALIFORNIA ) ) SS .County of ) The undersigned, perjury, certifie~ .as follows: --..--r.,,----------------------, under penalty of That (s)he has used all reasonable diligence in the preparation of the foregoing Statement and that to the best of (his) (her) ~owledge it is true and complete. Dated: 19 . ---------------------- Signature:~----------------------------------­ Received by District on ~~--------·-------- 19 . By: =t~i~t~l-e-=-------------------------- -iv- FORM VI EXHIBIT "C" NOTICE OF ACTION TAKEN NOTICE IS HEREBY GIVEN that the District has ·committed itself to the following course of action:~~~~~~~~~~~~~ NOTICE IS.FURTHER GIVEN that in the event that any person desires the District to reconsider, or disapprove of, said commit- ment on the ground o~ the existence of a conflict of interest of a district officer, employee or consultant, a request for said reconsideration or disapproval shall be submitted to the Secretary of the District within thirty (30) days .of the date hereof. By:~~~~~..-----~~~~~~ District Secretary WJML: RESOLUTION NO. --- A RESOLUTION ADOPTING CONFLICT OF INTEREST CODE RESOLVED, by th~ Board of Directors of ---------- ------..--------District, C~lifornia, as follows: 1. That that Code entitled "Conflict of Interest Code, ----~--------------~ District", a copy of which is attached hereto and by r~ference incorporated herein, be, and is hereby, approved and adopted for the District, subject to the approval thereof by the Board of Supervisors of the Co~nty of 2·. · · That· the Secretary of this District be, an·a is hereby, authorized and instructed to submit a copy of such Code to the Board of Su~ervisors of ~he County.of request said Board of Supervisors to.approve said Code in accordance with Government Code Section 87303. * * * * * . ,• (Certificate) _, .. ,," SUMMARY OF DISTRICT CONFLICT OF INTEREST CODE The basic theory of the Code is that certain positions within the District are deemed to involve the making or participation in . making of decisions which could foreseeably have a material effect on a financial interest of the person holding a position. There- fore persons holding such positions are required to file certain disclosure statements disclosing certain interests and, in addition, are required to disqualify themselves in certain instances · from making specified decisions. Article I. This Article contains general provisions includ- ing definitions. This Article states that a "designated employee" is that person which hold the position ("designated position") within the District which requires the making of decisions encom- passed by the Code. ·"Designated positions" are those listed in column 1 of ~xhibit "A". Such positions are, by the Code, deemed to involve the making of decisions which could have a material effect on a financial interest of the employee or officer making the decision. "Reportable interests" are those interests which designated employees must report on disclosure statements, and in essence, constitute those interests of designated employees which could be affected by decision. · This Article also contains a narrow· definition of "consul- tant". In particula.r a consultant, to be encompassed by the Code must possess authority with respect to District decisions beyond · the rendition of advice. Article II. This Article contains the requirement for disclo- sure statements. It requires persons holding designated positions to file an initial disclosure statement with the District Secretary at the time specified in Section 2.3 and to file annual disclosure statements at the time specified in Section 2.4. The Secretary is required to forward all of such statements to the Board of Super- visors. · l>isclosure statements, however, need be filed only if the ·person holding the designated position has "reportable interests". If such person does not have reportable interests, then he need not -file disclosure statements. · ·Reportable interests are, by Section 2.5, divided into six "categories" and Exhibit "A" assigns different categories to the various designated positions. The "categories" are generally summarized as follows: Category I relates to interests with a value of more than $1,000 in real property located within or close to the District. It includes interests held by the designated employee,·his spouse or by a business entity owned by t~e employee or his spous.e. . Category II relates to investments with a value of more than $1,000 in business entities having real property in the District or doing or planning to do business in the District. It includes investments held by the designated employee, his spouse or by a business entity owned by the employee or his spouse. Category III relates to sources of income aggregating $250 or more or of gifts aggregating $25 or more if the source is (generally) located within or doine business within the District. It includes sources of income to the designated employee, his spouse or a business entity and by the employee or his spouse. Category IV relates to invest~ents in and income from busi- ness entities which manufacture or sell supplies or equipment to the District. Category V relates to investment·s in and income from contractors. Category VI relates to investments in and income from financial institutions. The Article describes the. information which is to be given about each "category" and refers to forms attached to the Code which are to be completed. For the most part, the informa- tion required is general in nature. Article III. This Article contains disqualification requirements. It requires that persons holding the positions designated in Exhibit "A" disqualify themselves from making or participating in making a decision when it is reasonably foresee- . able that his financial interest may be materially affected by the decision. The terms "making a decision11 , "participating in the making of .a decision", "financial interest" and "materially affected" are defined. Generaliy, a "financial interest" is the same as an interest which requires disclosure under Article II and whether an interest will be "materially affected" in a matter to be determined by the person concerned, after he considers certain factors.-If he decides that disqualification is necessary he must accompany the disqualification by a disclosure of the financial interest made a part of the District's records or made in writing to the person's supervisor or appointing power. This Article also establishes a procedure for reconsideration of District action where a conflict of interest is alleged to exist. It requires the District Secretary to post a Notice of Action Taken whenever any designated employee has disqualified himself from a decision and the District subsequently corrnnits itself to a definite course of action with regard to the subject to which such decision pertains. It authorizes the District Secretary to post such a Notice in other circumstances. Whenever a Notice is posted pursuant to the Article, a request for reconsideration of said District commitment must be ·made within thirty (30) days of the date.of posting of the Notice. Enforcement. Government Code Section 87300 provides that any violation ot a local Code is a violation of Chapter 7 of Proposition (Title) 9. Chapter 11 of Proposition 9 provides the following penalties for violation of the Law. . 1. Willful violation is misdemeanor and, in addition to other misdemeanor penalties, the violator is liable for a fine equal to the greater of $10,000 or three times the· amount not properly reported. -2- 2. Violation is subject to discipline by the·District, including dismissal. 3. Negligent violation subjects the violator to civil action for an amount equal to the amount not properly reported and for an amount up to three times of the amount of economic benefit. 4. A judicial action to enJoin the v~olation may be brought and if an official action is taken which ~he court determines might not otherwise have been taken or approved, the court may set aside the official action as void .. -3-· REFERENCE CHART Section in Source of Section in Source of Local Code Section* Local Code Section* 1.1 G 87300 First proviso G 82030 1.2 second sentence 1. 3 Next to last 1.4 G 87303 paragraph G 82030(a) .1. 5 (a) G.82005 first sentence 1. 5 (b) R 18700(a)(2) Last paragraph G 82030(b) 1. 5(c) 2. S(d) G 87302(b) 1. 5 (d) second sentence 1. 5 (e) G 87302(a) 2.S(e) G 87302(b) 1. 5 (f) G 87302(b) second sentence f~S(g) first sentence· 2.5(f) G 87302(b) second sentence l.5(h) G 87302(b) 2·. 6 G 87302(b) third sentence fourth sentence 1. 5 (i) 2.6(a) G 87206(c) ·2.1 G 87302(b) 2.6(b) G 87206 (a) first sentence 2.6(c) . G 87206 (d) 2.2 R 18115 (a) 2.6(d) G 87206(f) ·2.3(a) G 87302(b) 2.7 G 87302(b) sixth sentence fourth sentence 2.3(b) G 87302(b) 2.7(a) G 87206(b)" seventh sentence 2.7{b) G 87206(b) 2.3(c) c· 87302 (b) 2.7(c)· G 87206 (a) eighth sentence 2. 7 (d) G 87206(d) 2.4 G 87302(b) 2.7(e) G 87206(f) first sentence 2.8 G 87302(b) 2.5 G 87302(b) fifth sentence second sentence 2.8(a) G 87207(a)(l) 2.S(a) G 87302(b) 2.8(b) G 87207 (a) (1) second sentence 2.8(c) G 87207(a)(2) 2. S(a)(l) G 82035 2.8(d) G 87207(a)(3) · 2.5(a)(2) G"82033 2.8(e) G 87207 (a) (4) first sentence 2.8(f)(l) G 87207 (b) (1) 2.5(~) (3) G 82033 2. 8 (f)(2) G 87207(b)(2) First proviso G 82033 2.8(f)(3) G 87207(b)(3) · Second proviso G 87206(e) 2. 9 . G 87206 and 87207 2. 5 (b) G 87-302(b) 3.1· G 87302(c) second sentence 3.2 R 18700(b) 2.5(b) (1) G 82034 3.3 R 18700(c) ·first sentence 3~4 R 18700(d) and G 82035 3.5 . G 87302(c) 2. 5 (b)(2) G 82034 second sentence second sentence and G 87103 2. 5 (b)(3) G 82034 ~3.6(a) R 18702(a) First proviso G 82034 3.6(b) R 18702(b) fourth sentence 3.6(c) R 18702(c) Second proviso G 87206 (e) 3.7 Last paragraph G 82034 third sentence -2.S(c) G 87302(b) -----------------second sentence 2.scc>c1> G 87302(b) *.Ga Government Code third sentence Ra Regulations of the Fair 2. 5(c)(2) G 87207(a)(l) Political Practices Commission 2.5(c) (3) G 82030(a) in Division VI, Title 2 of the California Administrative Code WJML: RESOLUTION NO. --- A RESOLUTION SETTING TIME AND PLACE OF HEARING ON PROPOSED CONFLICT OF INTEREST CODE RESOLVED, by the Board of Directors of -------District, ---------County, California, as follows: WHEREAS, Government Code Section 87300 requires every local government agency to adopt and promulgate a Conflict of Interest Code; WHEREAS, there has been presente~ to this Board a proposed Conflict of Interest Code for this District", a copy of which is on file with the of the District; and -------- \ wHEREAS, Government Code Section 87311 requires that the r_eview and preparation of Conflict of Interest Codes shall be carried out under procedures which guarantee officers, employees, members, and consultants of the District and to residents of the· jurisdiction adequate notice and a fair opportunity to pres~nt their views ; NOW, THEREFORE, it is hereby ORDERED: 1. That _______ , the __ day of ·, 1976, ------ at the hour of ___ o'clock _.M .. , in the regular meeting place of this Board, California, be, and the same are hereby, appointed and fixed as the time and place when and where this Board.will consider and determine whether.the aforesaid proposed Conflict of Interest Code shall be adopted. 2.. That the of this District be, and is -------- hereby, directed to give notice of said hearing by publication of this resolution ~n full once, at least ten days prior to said hearing, in the -----------'-------' a newspaper of general c~rculation in the District. 3. That the -~-----of this District be, and is hereby, directed to distribute one copy of this resolution together with one copy of the aforesaid Conflict of Interest Code to each person or persons holding positions· within the District enumerated in Exhibit "A" of said Code. 4. That the of this District.be, and is hereby. ·directed to file copies of said Conflict of Interest Code in the Di.strict office to be available £:or distribution to persons requesting the same. * * * * * (Certificate) ... -2- 11391 ACACIA PARKWAY, P. 0. BOX 1437 e JEFFERSON 4-39'3 e GARDEN GROVE, CALIFORNIA 92642 March 9, 1976 County Sanitation District No. 2 of Orange County P.O. Box 8127 Fountain Valley, California 92708 Attention: Fred Harper, Genera l Manager Dear Fred: The Sanitary District is in the process of forming a Special Assessment District under the Street Improvement Act of 1911 or 1913 for the purpose of financing the construction of sewers to serve 21 homes constructed in Garden Grove on Ranchero Way and Ranchero Place in 1952 . While reviewing the cost of this project, it was noted that the County Sanitation District fees totaled $4620, which repres ents over 46% of the estimated construction cost of $10,000. Because this is a low income neighbor hood , the combina- tion of construction costs, fees, and incidental expenses would create an unusual financ ial hardship on the residents which may ultimately lead them to abandon the project; the re- fore, after considering that these residents have been paying taxes to the County Sanitation District for a number of years without receiving any direct benefits , the Board of Directors of the Garden Grove Sanitary District voted unanimously at their last meeting to r e quest the County Sanitation District to waive the connection fee of $220.00 per unit. In keeping with its policy to minimize the sewer connec- tion expenses to the users whenever unusual costs a r e incurred by them, the Sanitary District expects to waive its Sewer Service Use Fee. Your consideration in this matter will be appreciated. BP/bf BOARD OF DIRECTORS ROBERT H . MAIN, PIU!itl!!ll!ll'f; WALTER M. BRESSEL, 6ee11e'l'#<AY; OR . SHELDON S . SINGER: NORMAN E. CULVER: ROBERT PERRY ~ -r --. M E M 0 R A N D U M April 29, 1976 TO: Fred A. Harper, General Manager FROM: Ray E. Lewis, Chief Engineer SUBJECT: EIS/EIR for Facilities Plan Step 1 Grant COUNTY SANITATION DISTRICTS of ORANGE COUNTY, CALIFORNIA P. 0. BOX 8127 108.C.C ELLIS AVENUE FOUNTAIN VALLEY, CALIFORNIA 92708 (71.C) 5.C0-2910 (714) 962-2.C 11 In March of 1975 the State along with the EPA offered a Step 1 Grant to preparethe facilities plan and EIR for the future facilities contemplated by the Sanitation Districts to meet the State and Federal requirements for wastewater discharges to the ocean environment. It is a requirement of the EPA to "author" an environmental impact statement whenever the anticipated or estimated cost of facilities are in excess of $10 million. The EPA has three choices for the preparation and finalization of an EIS which are as follows: 1. Preparation of an EIS with their own staff. 2. Contract directly with the consulting firm for the preparation of an EIS. 3. Authorize the grantee to contract for the EIS efforts under their guidance. Alternate No. 1 is not a feasible alternative in as much as the Region IX staff is inadequate to handle the efforts involved with the preparation of the EIS and alternate No. 2 does not lend itself to the present procedures of the EPA because of budget regulations in certain areas. Alternate No. 3 is the most popular alternative which has been utilized by Region IX to cause the preparation and finalization of an EIS for major wastewater treatment facilities. In March 1975 the Boards of Directors approved a contract with J. B. Gilbert and Associates to prepare an EIS in the amount of $60,000 based upon the scope of work as outlined in the memorandum of understanding as attached to the State Step 1 Grant. This memorandum of understanding set forth a time schedule and scope of work which indicated that the EIS should be completed in February of 1976. Since that time, the EPA has been faced with subsequent regulations which have expanded the scope of work which was included in the original memorandum of understanding. COMMITTEE AGENDA ITEM No. 4 Fred A. Harper April 29, 1976 Page Two In recent discussions with the EPA, the State and the Districts' consultant "J. B. Gilbert and Associates", it is estimated that the extended scope of work will add an additional $90,000 to the efforts required by the Districts' consultant hired on the direction of the EPA. Attached herewith is an outline as submitted by J. B. Gilbert and Associates for the additional work as required. It is now estimated that the public hearing on the EIS will be held no later than December 15th of this year with a publishing of the final EIS to be in February·of 1977. It should be pointed out that no additional capacities or improved treatment can be added until the EIS is completed. Also it has come to the Districts attention that a similar EIS for the Los Angeles County Sanitation District expended $250,000. In the original memorandum of understanding, the Districts' . consultant, J. B. Gilbert and Associates, was not charged with the responsibility of printing of the final EIS document. It was originally contemplated that the District would handle the printing of around 300 copies of this EIS. The EPA has now requested that 1200 copies be printed in multiple colors which will cost approximately $35,000. Therefore, I recommend that the contract with J. B. Gilbert and Associates be extended to include the additional scope of work and outline their direction by the EPA in the amount not to exceed $90,000 for services plus an additional amount of $35,000 for the printing and publication. REL: SS - --.... -- ATTACHMENT l SUMMARY OF ANTICIPATED COSTS CSDOC EIR/EIS After May 1, 1976 •. Development of supplemental information and data requested by EPA for incorporation in the draft including: Marine biology Air quality Land use Institutional framework and mitigation measures Miscellaneous supplemental work Report preparation expenses including drafting and additional typing Printing of Draft EIR/EIS Contingency $ 6,000 3,000 6,000 5,000 5,000 15,000 35,000 10,000 $ 85,000 Additional work on development of reclamation alternatives for incorporation into the Facilities Plan and EIR/EIS: Engineering Environmental assessment Total additional anticipated costs of preparing Draft EIR/EIS $ 10,000 5,000 $ 15,000 $100,000 Note: These costs do not include the preparation of responses to the comments on the Draft EIR/EIS nor printing. Our experience has been that these costs are a minimum of $25,000 equally divided between reproduction of the Final EIS and professional time. The exact level of effort required should be determined by the District and EPA following the comment period. MAY 121 1976 REPORT OF THE JOINT CHAIRMAN COUNTY SANITATION DISTRICTS of ORANGE COUNTY, CALIFORNIA P. 0. BOX 8127 10844 ELLIS AVENUE FOUNTAIN VALLEY, CALIFORNIA 92708 (714) 540-2910 (714) 962-2411 CALL A MEETING OF THE EXECUTIVE COMMITTEE FOR TUESDAY1 JUNE 1) 1976. INVITE TWO OF THE FOLLOWING DIRECTORS TO ATTEND: DONALD HOLT MIRIAM KAYWOOD (?tUCE MACLA~ THOMAS McKNEW STANLEY MEYER) JR. J. WAYNE SYLVESTER DIRECTOR 01" l"INANCIE AND SECRETARY TO THIE llOARD8 01" DIRECTORS PHONES: C714] 540-2910 962-2411 ORANGE COUNTY SANITATION DISTRICTS P. o. Box a 1 27 -1 0844 ELLIS AVENUE F"OUNTAIN VALLEY, CALIF"ORNIA 92708 May 6, 1976 Mayor Wieder: Agenda material for the City of Huntington Beach representatives were sent to Connie Bauer at City Hall pursuant to her request. Rita COUNTY SANITATION DISTRICTS OF ORANGE COUNTY, CALIFORNIA P . 0. BOX 8127. FOUNTAIN VALLEY, CALIFORNIA 92708 10844 ELLIS AVENUE (EUCLID OFF-RAMP. SAN DIEGO FR EEWAY) City of Huntington Beach P. 0. Box 190 Huntington Beach, CA 92648 Attention: Connie Bauer May 6, 1976 Pursuant to your request, enclosed herewith are four agenda packages for the Joint Board me eting on May 12, 1976. Please distribute to the mayor and the appropriate co un ci l members that will be representing the City on our Board of Directors. Enclosures Rita Brown Assistant to the Secretary of the Board TELEPHONES: AREA CODE 714 540-2910 962-2411 :1'>1.S.. MEETING DATE May 12, 1976 TIME 7:30 p.m. D I ST R I CT S 1 , 2 , 3 , 5 , 6 , 7 and 11 DISTRICT 1 ~DI EDRJCH) •.••••• BATTIN •..•. _..; ___ . __ _ 'ANS) ...••••... GARTHE •..•• _..; ____ _ "'-""' ·~RIMA ....•.• " . --( ~~--(EDGAR). • .... SHARP ...... __ ~ ~ DISTRICT 2 (DIEDRICH) •••••.• CLARK •••••• ~ ---- !GARTHE) •....••.• EVANS •..••• _v_ ---- ~lEDDLE) • ~ ••••••• FOX ••.•.•.•. _./ ____ _ DE J~sus) ••••.•. HOLT ••.•.••• _v'_ ---- THOM) • • . • . • • • . . • KAYWOOD . . • • _1 _ __ __ . PERRY .••.•• _L_ ___ _ HOLL I ND EN) ••.••. SCOTT • . . • • • ' . HOYT) ••.••...•..• SMITH ••.•.• -.;----- GROOT) ••••••••.• WEDAA •.•••• -.;----- TIPTON) ••••••.•• WINN .•••••• -"----- WARD) ••••.••••••• WOOD • • . • • • • -,; ----- GRAHAM) ••••••••• YOUNG . . . • • • ./ == == DISTRICT 3 (WEDDLE)········· COOPER····· _.;_ --__ (HOMR I GHAUSEN) • · COX········· -~-___ _ CULVER •••.. _v ____ _ (GARTHE) .••. ~~ ... EVANS •..••. _./ ____ _ ~PR I EST) •. i~d"·~t;' .. FRESE ..••.. _v' ____ _ iOM) •••.•••..•.. KAYWOOD. . • . ..; cr'ACAYO) •••••••.. MAC LAIN •.. -/----- (BLACKMAN) ••••.•. MC KNEW .••• -J----- (DAV Is) ••..•..•..• MEYER • . . . • . v' == == OLSON • . . • . . ./ (DIEDRICH).······ SCHMIT.··.. ./ == == ! YOUNG) ••••••.•.• STEVENS ••.• -"-___ _ HOLLINDEN) .••••. SVALSTAD •.. _.; ____ _ WOOD) .••.....•••• WA-Rf):-••••••• _/ ____ _ MILLER) •••••. hh .. WE IS HAU P;l· . __L ___ _ PATTINSON).~!. 5. WIEDER )'if\. _.:L_ ___ _ DISTRICT 5 ./ MC INNIS···. ------ ( D I ED R IC H) • • • · • • · R I LEY • · · • · . _ ..... _ --__ (WILLIAMS) •••••.. ROGERS·····~ ___ _ DISTRICT 6 (DIEDRICH) •...••. BATTIN ..... _J ____ _ RI MA • . . • . • . .; (ROGERS) ......... H-YC~OFF.... v == == DISTRICT 7 f '"'OGERS) ••..••••. BARRETT .•.. -"----- ILLS) •..•.•.••. BURTON •.••• _v _____ _ IEDRJCH) •.••••. CLARK •...•. ~ ___ _ VANS) •••.•••••• GARTHE •..•• _./ ____ _ . GLOCKNER ••• _./ ____ _ (EDGAR) .•.•..•••. SALTARELLI. _L ___ _ (HOYT) ••..••••••• SMITH ••...• -"'-___ _ DISTRICT 11 JOINT BOARDS (ROGERS) • • •••.• ·BARRETT • • · · · • _../_ --~DI EDRJ CH) ••..• ·BATTIN·······_./_ -- SILLS) · • •.•...• BURTON • • • • • • · _./_ -- D I ED R I CH) . • •.• · CLAR K • • • • · • • · ~ -- (WEDDLE) • ·······COOPER • • • • • • • -",--(HOMR I GHAUSEN). COX •••.•••.•.• _v __ _ . CULVER·······-"---!GARTHE-~ • ·······EVANS·········-"-__ WEDDLE • • · · · • · · FOX ••.••.••••• _I __ _ PRIEST ········FRESE········· / EVANS).········· GARTHE • •••.•• I == GLOCKNER • • • • • " (DE J~sus) ••••.. HOLT •••.•••..• ../ = (THOM) •..•..••.•• KAYWOOD • • • . • • " ( LACA vol ........ MAC LA IN ••.•. -v--- (ROG ER S ) .•••..•.. MC INNIS ••••• -,,--- (BLACKMAN). .•... MC KNEW ••.••• -"'--- (DAVI s) ..•....... MEYER •.•••••.• -... --- OLSON ••.••.••. -, --- PERRY ••.•••••• -"--- ( D I ED R I CH) •••... R I LEY •••.••••• -"--- RI MA ••••••.•.. -../--- (WILLIAMS) ••••.• ROGERS........ v == (ROGERS) ..•.•..• RYCKOFF •••••. _k (EDGAR) .....•.... SALTARELLI... " -- (DIEDRICH) •.•... SCHMIT •••••••• -J--- (HOLL I NDEN) ••... SCOTT ••••...•. -"--- (EDGAR) .••..•••.• SHARP •.•..•.•• -a,-. -- ! HOYT) •.••.•..• ~. SMITH ..•••.... -v--- YOUNG) ...•.•••.. STEVENS •.•••. -"--- HOLL I NDEN) .••.. SVALSTAD •••.. -v--- WOOD) ..•••.••... 'WARD.-: ......•• -ZV--- GROOT) .••...•... WEDAA .•.•....• -v--- (MILLER). •.••.... WE I SHAU PT •..• -v--- (PATT I NSON/ ••••. WI EDER ••.•.. -~ -- SHENKMAN) . -- (TIPTON) ••••.•.. WINN •••....••• -.,,--- (WARD) .•••...••.. WOOD •••..••••. -7--- (GRAHAM) ••••••... YOUNG ....•..•• -- OTHERS ~ ll'' -" ~o~ I\ ...-L( HARPER f, 1 ,,~.,..,. ~1 l.1 .. ) SYLVESTER --. R "v·-· c.J LEW I S f/\·v CLARKE fl~} TAYLOR BROWN WOODRUFF EWING ./ -'-./ ./ -..;- . I/ (DIEDRICH) ••••... SCHMIT •.••. + --__ ·,( r'. A,."' ..... (SHENKMAN) •••• r r. WI EDER ••••• --7-----. -) ; ''./ . ~ ~·~i .litY. .... ~ ---- HO HEN ER HOWARD HUNT KEITH KENNEY LYNCH MADDOX MARTINSON PIERSALL STEVENS TRAVERS DISTRICT 8 EDWARDS •••• (JOHNSON) •••••••• HOLM ••••••• ------ (DIEDRICH) •••••.• RILEY •••••• ====== 5/12/76 MEETING DATE May 12, 1976 TIME 7:30 p.rn. D I ST R I c Ts 1, 2, 3, s, 6, 7 and 11 DISTRICT 1 (DI EDRJCH) ...•••. BATJlli._ .•... _JC_ _. __ _ ,....{!=VANS) ......•.. @RTtiLl .... ~ ___ _ RIMA .•..... ~ ___ _ (EDGAR) .....•..•• SHARP ..•... __Q::_ ___ _ DISTRICT 2 (DIEDRICH) ••..•.. CLARK ...... ~ ---- lGARTHE) •••••••.. EVANS ...... ~ ---- WEDDLE) ......... FOX ......... ~ ___ _ DE J~sus) ....... HOLT •....... _.JL_ ---- (THOM) ..•....•... KAYWOOD .... ~ ___ _ . PERRY ...... ___k:::_ ___ _ HOLLINDEN) ...... SCOTT ...... v __ · HD YT) ••...•.••... fil1Ut! .. . . . . ___L_ __ == GROOT)··········~······~ TI PION) ......... WINN . . . . . . . v----- WARD) ....••...•.. WOOD . . . . . . . -V----- GRAHAM). •....•.. YOUNG ...... ~ == == DISTRICT 3 (WEDDLE)········· COOPER····· ~ --__ (HOMR IGHAUSEN) ··COX··.······· _lL.. ___ _ CULVER ..... ~ ___ _ (GARTHE) ......... EVANS •..... ~ ___ _ (PRIEST) ......... FRESE ...... ----1L... (THOM) .....•...... KAYWOOD.... V"'" ---- (LACAYO) ......... MAC LAIN ... ~ ---- (BLACKMAN) ....... MC KNEW.... v ---- (DAV Is) ........... MEYER ...... _.i.::::::_ == == OLSON ...... _L_ ___ _ (DIEDRICH).······ SCHMIT •.... ~ ___ _ (YOUNG) .•........ STEVENS .... ~ ___ _ HO NDEN) ...•.. SVALSTAD ... _lL::_ ___ _ OOD • • •........ ~ ........ __L_ ___ _ M ERL ........ WEISHAUPT .. ~ ___ _ PATTINSON) ...... WIEDER ~~ ___ _ DISTRICT 5 . ~··~---- (DIEDRICH).·····. RILEY······~ ---- (WILLIAMS).······ ROGERS····· _>.L_ ___ _ DISTRICT 6 (DIEDRICH) ...... ~N ..... _k:::_ ___ _ ~······ i--- (ROGERS) ......... RYCl~OFF ..•. ~ == == DISTRICT 7 (ROGERS) .....•... BARRETT •••. ~ ---- ( · 1-..Ls) .......... BURTON..... ~ ---- ~)r{EDR I CH).~ • . . . . CLARK . . . . • • 0...... __ __ (EVANS) .......... GARTHE ..... _..a.::::::_ ___ _ ~~~~~---- (EDGAR) ......... SAL JARELL ~ ___ _ (HOYT) •.......... SM I .•.... ~ ___ _ DISTRICT 11 (DIEDRICH) ..... ~.: .. v'" ---- (SllENl~MAN) .•..... WIEBER .•... --=-----......-- ·~·····~·····~-- DIS RICT 8 5/12/76 JOINT BOARDS (ROGERS) · · ...... BARRETT······ ............-- !DIEDRICH) ..... ·B ATTIN ·······~ -- SILLS) · · ....... BURTON · · · · · · · ............--- DIEDRICH) .... · ·CLARK········~ - WEDDLE) · · ..•.. ·COOPER · · · · · .. ~ -- HOMR I GHAUSEN) ·COX···········~ -- . CULVER ...•... ~_ lGARTH.E). ····:'.··EVANS········· _l.L._ __ WEDDLE) · ·······FOX·· .. ·····•· ~ __ PR I EST) • ·······FRESE········· ~ EVANS).········· GARTHE · · · · · · · V" - . . GLOCKNER.·.·. v - (DE J[:SUS) ...... HOLT •.•....... v == (THOM) ..........• KAYWOOD ...... ~ (LACAY01 .......• MAC LAIN ..... ~== (ROGERS) ......•.. MC INNIS •.... ~ (BLACKMAN). ..... MC KNEW ...... a..---- (DAV IS) .......... MEYER ......... ~== 0 LS 0 N ......... _i.:::::_ __ PERRY ........• ~ (DIEDRICH). ..... RILEY ......... v -- RIMA .......... ~== (WILLIAMS). ..... ·ROGERS ........ ,,.,-__ (ROGERS) ........ RVCIWFF ...... - (EDGAR) .......... SAL JARELL I ... ---V:--- (DIEDRICH) ...... SCHMIT •....... v---- (HOLLI NDEN) ...... SCOTT .•....... .,---- (EDGAR) .......... SHARP ......... a_, -- !HOYT) •.•...... ~.SMITH ......... v------ YOUNG) .......... STEVENS . . . . . . V' -- HOLLI NDEN) ..... SVALSTAD ..... ----;::::--- (WOOD) ........... -W>\ftB .......... v--- (GROOT) .......... WEDAA ......... --V--- (MILLER) ......... WE I SHAU PT.... v-== (PATTINSON/. .... WIEDER ....... - SHENKMAN) ~'OJ-~ -- (TI PION) ........ WINN .......... _k'.:::_ --(~) •.•.•..•.•. WOOD-•.•.•.•••• _ -- (GRAHAM) ......... YOUNG......... ;/ -- OTHERS HARPER SYLVESTER LEWIS CLARKE TAYLOR BROWN WOODRUFF EWING HO HEN ER HOWARD HUNT KEITH KENNEY LYNCH MADDOX MARTINSON PIERSALL STEVENS TRAVERS ~ ~ ~ 5-12-76 JOINT MEETING (7a) Report of the Joint Chairma n Winn announced a new chairman had been appointed to the SWRCB--John ??--filled Ron Robie's position. Win Ad ams will continue to serve until January, 19~8. He then called a meeting of the Executive Conunittee for June 1st and invit ed Directors Holt, Kaywood & McKnew who couldn't make it and th en invited MacLain who could attend. Also invited Young l a ter in the meeting. Winn advised that he had asked Mr. Harp er to set a date for orientaticn me e t i ng for new Directors and it h ad been set for June 16th at 5:30. Dinner will be served. Said he needed a motion authorizing meeting a nd it was so moved, seconded a nd carried. Said Directors would be notified . (4) Approval of minutes Director Cooper abstained from approving minutes of the 4/14/76 meeting as he was not present at that meeting . Tom Woodruff said that the records would refl ect the abstentions of all the new Directors since they were not there last time. ??? (5) Election of Chairmen & Chairmen pro tern DISTRICT 1 DISTRICT 2 DISTRICT 3 DISTRICT S DI STRICT 6 DISTRICT 7 Battin nominat e d and declined. Garth e nominat e d. No further nominations . Garthe elect ed Chairman . Sharp nominat e d for Chairman pro tern. No further nominations. Wedaa nominated for Chairman. No further nomin at ions. Scott nominated for Cha irman pro tern. No further nomin a tion s . Wood nominat ed for Chairman. Was mentioned that she is not an active Director in District 3 but she advised that would be changed . Evans nomin ated but declined . No furth e r nominat ions. Svalstad nomin ated for Ch a irman pro tern. No further nomin a tions. Mcinnis nomin a ted for Chairman . No furth er nomin ation s . Ril ey nominated for Chairman pro tern. No further nominations . Rima nominated for Chairma n. No further nomin at ions. Rycoff nominated for Chairman pro tern. No fur ther nomin a tions. Saltarelli nominated for Ch airman. No further nominations. Barrett n ominated for Chairman pro t ern. No further nominations . DISTRICT 11 -No quorum at beginning of meeting. Later nomin ated Schmit for Nominated Gibbs fo r Chairman Chairman. No furthe r nominations. pro tern. No further nomin a tions. (7b) Report of the Ge neral Ma nager Mr. Harp er reporte d that following the May 4th Executive Committee meeting, h e ld additional d i scu ss ions re EPA r equirements for Environmental Imp act Report of Gilbert & Associates. Ex pres sed concern tha t EPA has in sis ted on in crea s ing the scope of EIS. Will be more than doubling the contract . Said a s a result, Dep uty Director of Water Program of Regiona l Offic e i n Sa n Fran c i sco advi s ed t h a t they would like to meet with us and possible r e vise the scope ag ain. Possibly downward. Said the staff recomme nd a tion is to approve the action on the agenda but subj e ct to any modifications r e du c ing the costs as a result of these discussions with EPA people. Also advised that on May 24th the s t a ff will appear before the Coastal Commission for a permit for the 75 MGD facility. Have b een advised by tel ephon e this week that we failed to get a p e rmit for the pilot unit and the matter has been referred to the State attorney 's office for som e kind of action. Said we did contact a member of their staff some time a go and they said becaus e of temporary nature of facility, a permit wouldn't be n e c e ssary . A permit application is now being prepared which we will submit for that facility . Regarding the 208 designation for the South Coast area, it has been made to SCAG and we will b e submitting to Directors in the next few months an agreement enlisting SCAG to do our portion of the work. (7c) Report of the General Couns e l TLW referred to the written report in Dire ctors fo l ders and briefly reported on t h e three items. SEE ATTACHED REPORT. With regard to Item 1 -it was moved, seconded and carried to authorize any litigation necessary for this claim. (9) OJNSENT CALENDAR items removed (h) Svalstad asked what this really means to us. Are getting i nto where State dictates to local government when we build or not bu ild . FAH sai d that State and EPA were reluctant to authorize additional capacity in talking about grant funds. As far as treatment is concerned, is up to Board . This does point up to several areas outside County in basin area. Some of these areas are considered for our District eventually. Carbon Canyon is one. Think r e quest of County for service will move things a l ong for additional capacity. State does want us to service these areas. This does have quite a few ramifications but think it would help us . Cooper asked if we would have specific information on this and when they would have facts on this? FAH said it would probably be a couple months . Wan t t o move ahead and County needs indication that we are willing to do this as they have to study City of LaHabra system. Robin Young advised that City of LaHabra is investigating possibility of a nn exing some of these LA County areas an d is t i ed into this . Cooper said he was concerned about ramifications of this particular sit uation in reference to areas above City of Brea and,therefore, would like as much information as possible on this entire plan . Would like to have his city and other cities get the information . (9d) Director Wood then briefly reported on her attendance at National Association of Regional Councils' Water Quality Work s hop relative to 208 Planning held in Burlingame. Said it was long, confusing and redundant but information was very valuable for her. Brou ght some p a pers for other Directors if they were interested. Thought "How to Allocate Our Priorities" was very interesting. -2- (12a) Conflic t of Int erest Code TLW advised that a t the Executive Committee meeting l ast week , he was ins tructed to writ e a lette r to th e Fair Labor Practices Board se ekin g an opinion on question of whether Directors n eed to file additional reports b esides filing with city or sanita ry district. There is some debate on determination of whe t her we would ne e d to fil e . Said it seemed to him that we could avo id a lot of paperwork . Th e argument again st this i s that there may be items affected may be outside of city but may be within jurisdiction of District. Has prepared l etter and ·hope to get opinion within 30-40 days. Explain ed t h at reso l ution on agenda simp l y sets the next Board mee ting to hold public h earing to consider code whether it app l ies to Directors or not. Will hav e to adopt as it ap plies to our emp l oyees anyway . All supervi sory personne l and above and consultants. (12b) Garden Grove San itary District r equest for waiver of connection fees (1) Robin Youn g said she read TLW memo and unders t ood but wondered if there is any l egal way that the Di s trict s , if they were so inclined, could adopt a pol icy co n cerning spec i a l redeve lopment or low cost housing. A blanket exemp tio n, not a spec ial exemp tion . TLW said y es, we wo uld have to ame n d our ordinance but could be done . Young then urged tha t Directors cons i der a discussion on that at some point . Said governmental agencies should examine this a nd see what could be done . Win n said we could refer this to Executive Committee and request Young attend. Perry the n said he moved the agenda item--didn 't want to open a can of worms . Young said we should po ssib l y hold off on this . Culver agreed with Robin . Thought that E.C. t ook it on an i so l a t e d basis. It is far reachin g and coul d help a lot of communi ties . Youn g then asked if we c h a n ge our policy, coul d Garde n Grove S.D . reapply? Winn stat ed th ey shou ld receive and f i le item (1) and continue to item (2) if it is the pleasure of the Board. Moved & seconded to receive & file Gen e ral Coun se l's opinion . (2) TLW indicated tha t hi s co n cern in d e f erring item 2 was the Assessment Distri c t proceedings being in l imbo a wa iting action by the Board . Are probably n ot prepared to wait 2 or 3 months. Young asked , what abo ut gr andfath erin g them in and give mon ey b a ck? TLW said not permissab l e . Would a lready have money and thou gh t they wou ld hav e some real t echni cal difficulties with assessment district. MacLain asked if there is a possibl ity of reducing some of these charges . Winn said he thought it was discussed . FAH the n r eported that the staff was ins truc t e d by the E.C. a mo nth ago to determi ne wh at t axes h ad been paid for these prop erties . Th e d etermin ation made was someth ing l ess than $1 ,000. since inception of District for operation and maintenance . They receive no benefit for this . Committee discussed possibility of giving them an al l owance for these t axes; however , the General Counse l advised i f you do it for one, you h ave to do it for al l. Fe l t it would b e very expensive to try to make that d etermina tion. Ka ywood ask ed i f it would b e possib l e to say "under redeve l opment " in cases wh ere prior t axes were paid . TL W said co uld revise the ordinance to limit it in scope for fixed circumstances--under assessment district or redevelopment or something . Svalstad then moved agenda item #12(b) (2) to deny request . Motion seconded . Was stated that Directors had to approve this motion or change ordin ance . TLW added th at time was very critical. If amend ordinance, a r e looki n g at least 2 months . -3- • Was asked about an emergency ordinance. TLW said we are empowe r ed t o adopt but would h ave trouble proving that it is an emergency based upon the health and welfare of the people. Would also have to 4/5 vote. Called for the question. Voice vote. Motion carried. Directors wanting their no votes recorded raised their hands--Director s Culver, Kaywood, MacLain, Olson, Perry and Young. Culver s t ated t hat he stil l thought it should be further discussed at Executive Committee meeting an d should ask Rob in Young to a ttend. (12 c ) Amendment to agr eemen t with J. B. Gilb ert & Assoc . FAH reit erated that the staff is recommending tha t the re be a n exclusion on this item that in the event they can n egotiate a l esser amount and EPA reduces the scope of the EIS, tha t this be inc luded in the action. Svalstad then stated that the 87~% is paid by somebody else and that somebody else is us. Asked if this was justified . FAH answered tha t ·this is why we we r e go ing to have additional dis c ussions with EP A people. Said we let t h is contract one year ago and thought by now we could be fini shed up with this. Now they want to increase whole scope of it by 15 0%. Are disturbed about that. New regulations have come into place since cont ract was awarded . Also are other considerations that they want in this EIS . Statement wi ll be EPA's statement, n ot ours . Svlastad t hen asked what the major thing was that doubles the cost . FAH said they want to expand on air qu a l i ty impacts as well as look at reclamation, which i s ver y considerab le in this state. Are hoping tha t we can sit down with Deputy Director of Water Program and get a lesser scope . Asked if this is a test case a n d FAH answered no, LA just completed theirs and spent $250 ,000. REL explained further that at some of the hearings on the EIS they found cert ain deficiencies in those areas on air quality which prompted the s cope change. Also, Ron Robi e and his committee, i n try ing to update the water program in Ca liforni a , brought forth the reclamation area. Fe lt that they should expand th e scope. Will be perhaps b etter refined next week when we meet with EPA . Young asked i f EPA is manda t i n g the increase, why aren't they paying for al l of it, not just ]5%. Asked what h appens if we say no. FAH said that would be very interesting. Young then moved that they pick up the whole tab for what they have manda t ed . Motion was seconded. TLW restated the amended motion--To make approva l of amendme nt continge nt upon EPA paying 100%. REL then explained that this EIS is under a Step I grant which is und er federa l l aw and all regulations. Federal law says that all they can do is pay 75 %. If we contingent this on 10 0%, we are stopped . Either you approve or don 't . Hopefully , we can r educe it. FAH added that 75% paid by feds, 1 2 ~ state and 12 ~% is ours. Asked why t his has tak en so long and ~as a n swered that EPA in San Fran cisco found other areas where they have been deficient and changed requirements. We can't proceed to build any capacity until the EIS is completed. Svalsta d asked for a point of infor ma tion-~about the original printing costs . REL said wh en we accepted Gi lbert 's proposa l, original printing wasn't inc l uded but didn't f eel printing cost would be more than $2,000-$3,000. Now want 1200 copies . Saltarelli then stated that although h e agreed that he didn't like it, it woul d b e most inappropriate to continue with this because we have a n ob l igat i on to cont inue with the treatment faci lities . Would lik e to direct Joint Chairman to writ e a letter givin g our views though. Winn advised that TLW has drafted a letter for his signature which d oes basically what Sa ltarel li said . -4 - Woodruff read four basic objections from draft letter. SEE LETTER. ATTACHED. Need some action tonight along the lines of Saltarelli. Asked Young if she would be agreeable to withdrawing her motion and proceeding. She said she wasn't sure. Thought there was considerable consensus to her motion at the time and wasn't sure if it had eroded or not. Svalstad asked why the rush, did it just come up in the l a st week or so? FAH advised that there was a meeting in Sacramento on April 27 and a t that time the request from EPA to expand this was received. Gilbert h a s been wor k ing on this over a year and would like to have had it done sooner but was waiting for the result of JPL and it wasn't completed. Mcinnis then stated that nobody in this room wants to ge t tapped for $90,000 but they are playing $90,000 against $200 million!! Said he would like to consider Saltarelli's suggestion as a motion and will second it. Motion was restated to approve Resolution No. 76-92 and staff and Executive Committee's recommendation and send letter regarding Directors' strong feelings in this case. Some discussion & Called for the question. Voice vote. Motion carried. (13) Staff report on JPL-ACTS Pilot Plant facility REL reported that Facilities Plan is being prepared concurrent with EIS for project needs for 20 years. Are on project list for 9ver $330 million. Will cost $571 million to meet requirements of these Districts, State and EPA. Have been working on JPL pilot project for last year and have received a lot of favorable commentary from EPA and Washington. Very impressed with rapid con- struction. Built a $2~ million plant in 6 months. Normally would take 18 months. Then showed slides of JPL-ACTS Pilot Plant facility and explained future expansion plans at Plant 2. Afterwards stated that we would like to present this to State as our approach and to Coastal Commission if their were no objections. No objections made. (14) ALL DISTRICTS -Other business Wedaa stated he had a question regarding procedures. Noticed we elected Chairmen tonight. Why not nominate Joint Chairman. TLW advised that our procedural resolution does specify clearly that nominations for Joint Chairman and Vice Joint Chairma·n will be in June and election will be in July. If the resolution is modified, we could do that but would be inappropriate with existing resolution. Culver added that the Directors decided some time ago to have the new members observe Directors before voting on Joint Chairman. (17) DISTRICT 2 -Other business Kaywood reported that there was a developer in Anaheim using only the low volume toilets. Commented on the newspaper article sent to Dir e ctors on this subject. -5- RICHARD O. f'RAZEE STEPHEN C.STEWART THOMAS L. WOOORUrr ..tErf'REY A. HARTMAN · Company. LAW OF'F'ICES Stewdrt, 'f ooJruff & Frazee 1055 NORTH MAIN STRE.E.T, SUITE. 1020 SANTA ANA, CALI F'ORNIA 92701 May 12, 1976 AGENDA ITEM #7Cc) AREA COOE 714 835-6212 GENERAL COUNSEL'S REPORT TO DIRECTORS NON-AGENDA ITEMS 1. Contract 3-18 -Claim Against Southern California Gas During the course of construction of this job by our contractor, Tutor-Saliba, it was discovered that a bend in the gas lines and concrete valve vaults were located within the District's right of way and were exposed during the trenching operations. At the time of design of the project by Boyle Engineering, the pro- posed plans were submitted to Southern California Gas Company for their review, together with a request for an identification of all existing lines which they possessed. The plans were reviewed by the Gas Company and, by correspondence from them, they indicated an approval without noting the existence of the abandoned lines. Upon discovery of these lines by our contractor, the District's inspectors and engineers contacted the Gas Company who came to the location of the job and inspected the system. On the direction of the District, the contractor was ordered to request to remove the abandoned gas lines, which necessitated a considerable extra excavation and labor. The contractor had requested a change order in the sum of $96,000.00, but the District approved the change order in the sum of $28,754.00, which sum was agreed to by Tutor-Saliba. The District has now invoiced the Gas Company for the sum of $28,754.00 on the basis that they negligently failed to disclose their lines and, in accordance with the Board of Director's policy of December, 1975. By my memorandum opinion to the Board dated December 5, 1975, I had indicated that the Districts do have the right to recover from third parties who have been respon- sible for the incurring of additional costs to our contractor. At that time, the Directors adopted a policy that each claim would be reviewed on a case by case basis, but that the staff was generally directed to pursue these claims and recover the costs incurred. ., Report to Directors May 10, 1976 Page Two In view of the significant sum of money involved in this change order, it is our recommendation that the Directors authorize the staff to proceed, to and including the filing of necessary litigation to recover the total sum owing from the Southern California Gas Company, on the basis of their negligence in· failing to note their existing lines. 2. Contract of Sale of 12 KV Power Line to Southern California Edison Company. In accordance with previous action of the Board of Directors, the staff and this office have negotiated with repre- sentatives of the Edison Company to sell the existing 12 KV line to the Edison Company, together with the granting of a license to maintain said line across District properties. The line will be used to interconnect Plant No. 1 and Plant No. 2 and will pro- vide emergency standby power to both facilities. The agreement has been prepared and submitted to Edison for review, and my office has been advised by letter dated May 11, 1976 that the Edison Company has one objection to-the proposed sale agreement, namely, that it exists only for a life of twenty-five years. Under the present arrangements, the Edison Company does have an agreement with the District for an indefinite term and it was my recoromendation that the license agreement should have a fixed duration of such length as to insure that Edison could amor.tize the full costs in the event the agreement was not renewed. The duration of twenty-five years was agreed to between the General Manager and myself and was incorporated into the agreement, but is now being objected to by Edison. While I have no strong objection to an agreement of greater duration, it is my recommendation that the twenty-five year term be included with the proviso that it could be extended upon mutual consent of both parties at the end of that time period. It is my opinion that such a duration adequately allows the Edison Company to amortize the costs of such line, but still affords the District the opportunity at the end of this period to reconsider whether the existence of that line is in the best interests of the District's operation. In the event the present negotiations between my office and the representatives of Edison fail to reach an agree- ment over the twenty-five year term, the matter will be presented to the District Board for its action at the next regular Board meeting. Report to Directors May 12, 1976 Page Three 3. Litigation Status -Dixon vs. County Sanitation District; Elduayen vs. County Sanitation District; and Zimmerman vs. County Sanitation District. Each of these three items involves acase of personal injury incurred by employees of Donovan Construction Company while engaged in the performance of their employment during the construc- tion at Plant No. 1. These matters are presently being defended by Providence Washington Insurance Company, the insurance carrier for the District. Therefore, any. losses will be covered by the liability insurance carrier of the District, rather than the District's general fund. However, at the present time, demand has been made by my office, pursuant to the provisions of our construction agreement with Donovan, that they assume the respon- sibility for the defense of these actions. The demand required that acknowledgment on their behalf be made by May 12, 1976. As of the time of this report, no such acknowledgment has been received and therefore the District is going to proceed on the basis of charging back all costs of legal defense to Donovan until such time as they provide legal counsel to assume the defense on behalf of the District's interests. Thom~~~nf--r>-u General Counsel TLW:ab