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HomeMy WebLinkAboutMinutes 1975-05-29COUW~(SANITATION DISTRICTS NOS.1,2,3,5,6,7 ~11 OF ORANGE COUNTY,CALIFORNIA MI?~UTES OF ADJOURNED.REGULAR MEETING May 29,1975 -7:30 p.m 10844 Ellis Avenue Fountain Valley,California Pursuant to adjournment of the regular meeting held May 14,1975,the Boards of Directors of County Sanitation Districts Nos.1,2,3.,5,6,7 and 11 of Orange •County,California,met in an adjourned regular meeting at the above hour and date, in the Districts’offices. The Chairman called the meeting to order at 7:30 p.m.Following the Pledge of Allegiance and invocation,the roll was called,and the Secretary reported a quorum present for ‘each District’s Board. ROLL CALL DISTRICT NO.1 Directors present:Kerm Rirna (Chairman),Robert Battin, John Garthe,and Donald Saltarelli Directàrs absent:None DISTRICT NO.2 Directors present:Michael Callahan (Chairman),Dale Chaput, John Garthe,Miriam Kaywood,Leonard MacKain,George Scott,Donald Winn,Robert Root,,and Beth Graham Directors absent:.•Ralph Clark,Bob Perry,and Joe Temple DISTRICT NO.3 . . Directors present:Phillip Cox (Chairman),Lowell Amo, Edward Byrne,Jesse Davis,John Garthe, Donald Fox,Robert Nevil,Miriam Kaywood, Donald Shipley,Bernie Svalstad,Robert Root,and Martha Weishaupt Directors absent:Norman Culver,Alice Frankiewich, Thomas McKnew,and Laurence Schmit DISTRICT NO.5 Directors present:Howard Rogers (Chairman pro tern)and Paul Ryckoff Directors absent:.Thomas Riley DISTRICT.NO.6 . Directors present:John Store (Chairman),Robert Battin,and •Kerm Rima Directors absent:None r-1 #l,2,3,5,6,7 ~11 5/29/75 DISTRICT NO.7 Directors present:John Garthe (Chairman),John Burton,Milan Dostal,Francis Glockner,and Donald Saltarelli Directors absent:Ralph Clark and James Jackman DISTRICT NO.11 Directors present:Henry Duke and Norma Gibbs Directors absent: - Laurence Schinit STAFF MEMBERS PRESENT:Fred A.Harper,General Manager,J.Wayne Sylvester,Secretary,Ray Lewis,William Clarke,Bruce Taylor,Rita Brown,and Hilary Eitzen OTHERS PRESENT:Director Carolyn Ewing,Thomas L.Woodruff, General Counsel,Donald Martinson,Sam Peterson,Al Eddows,Jeanne Eddows,Norman Card,Ted Reynolds,Don Perkins,Quinn Rogers,Bob Clark,Frank Elwell,Walker Downs,Bill Snyder,.Ralph Williams,Beau Cleurens,Ronald Randall,Kris Shah, and George L’Africain **********~*** DISTRICT 5 Moved,seconded,and duly carried: Appointment of Chairman pro tern That Director Rogers be appointed Chairman pro tern in the absence of Chairman Mclnnis. DISTRICTS 3 ~11 Moved,seconded,and duly carried: Excerpt re Board Appointments received That the minute excerpt from the City of and filed Huntington Beach be received and ordered filed,and that the folkwing representatives be seated as members of the Boards: District Active Alternate 3 Donald D.Shipley Norma B.Gibbs 11 Norma B.Gibbs Harriett M.Wieder 11 Henry H.Duke Norma B.Gibbs DISTRICTS 2 ~3 Moved,seconded,and duly carried: Letter re temporary Board appointment received and That the letter from the City of Fullerton filed dated May 29,1975,appointing Robert E. Root to attend the Boards of Directors meeting on May 29,1975,with full voting rights,be received and ordered filed. ~,1 -2— #1,2,3,5,6,7 ~11 5/29/75 ALL DISTRICTS The Joint Chairman reported that he and - “Report of the the General Manager had met with Chairman Joint Chairman Win Adams and Roy Dodson of the State Water Resources Control Board regarding the proposed formation of a committee of locally-elected officials representing the TRI-TAC organizations (League of California Cities,California Water •Pollution Control Association,and California Association of Sanitation Agencies)and the County Board of Supervisors Association,for the purpose of reviewing proposed regulations involving policy matters affecting local entities.The Board members endorsed the concept and agreed to confirm same in writing with their suggestions as-to its.composition. Chairman Winn also reported on his attendance at the quarterly executive meeting of the California Association of Sanitation Agencies,at which he discussed the proposed committee with Paul DeFalco,Regional Environmental Protection Agency Administrator,who also endorsed the concept. ALL DISTRICTS The General Manager reported that the Report of the .Environmental Protection Agency (EPA) General Manager will conduct a public hearing in San Francisco on June 19,1975,regarding proposed amendments to the 1972 Federal Water Pollution~Control Act.The following topics will be considered at the hearing: 1)A reduction of the Federal share; 2)Limiting Federal financing to serving the needs of existing population; 3)Restricting the types of projects eligible for.grant assistance; 4)Extending the 1977 date for meeting water quality standards; 5)Delegating a greater portion of the management of the construc tion grants program to the States. The matter of changing the definition of secondary treatment is noticeably absent from the-hearing.With regard to the ad valorem tax issue,an amendment has already been offered by the Administration. Mr.Harper further reported on Regional EPA Administrator Paul DeFalco’s remarks at the recent executive meeting of the California Association of Sanitation Agencies.California is the first state which EPA will delegate grant construction program administration authority,except .for the items •of sign-off approval of the grant and Environmental Impact Statement responsibility. ALL DISTRICTS The General Counsel reported that the Report of the court had ruled in favor of the Districts, General Counsel •denying the Petition for Writ of Mandate in connection with the suit brought against the Districts by the AFL-CIO regarding representation of Districts’ employees.A second hearing has been requested by the petitioner and is scheduled for June 27. The General Counsel also reported briefly on the negotiations with Southern Pacific Railroad Company regarding right of way for the Tustin-Orange Trunk Sewer,Contract No.7-6-7. -3- .t.. #1,2,3,5,6,7 ~11 5/29/75 EACH DISTRICT Continuing hearing on proposed use ordinances,and referring to Special Committee of Directors the hearing open. This being the time and place heretofore established for hearing and second reading of the following proposed Ordinances Establishing Regulations for Use of Districts’Sewerage Facilities for each respective District,the Chairman declared Ordinance No •103 204 305 508 603 716 1103 The Secretary then reported that in addition to written coniinents previously reviewed by the Boards of Directors,the following additional communications had been received regarding the proposed ordinances,copies of which had been supplied to the Directors: From Dated National Technology Shur-Plate Corporation Ljtronic Industries May 15,1975 May 16,1975 May 22,1975 He further reported that a communication from W.E.Snyder Qfl behalf of Orange’County Liason,Metal Finishers Association of Southern California (MFASC),dated May 28,1975,had been submitted at the opening of the.hearing. It was then moved,seconded,and duly carried: That said communications be received and ordered filed. Following,comments by the staff and General Counsel on the written communica tions,the Chair recognized Bill Snyder,speaking on behalf of the MFASC, T.R.Clark of National Technology,and Dan Cavenaugh of Ano D-Art,who addressed the Boards regarding the proposed ordinances. & District No 1 2 5 .6 7 11 -4- #1,2,3,5,6,7 ~ii 5/29/75 The Board then entered into a lengthy discussion concerning the proposed ordinances with particular consideration given to the provisions for excess capacity charges.Following the discussion,it was the consensus that a committee be formed to review the matter of excess capacity charges and report back to the Joint Boards.The Joint Chairman then appointed Directors Henry Duke,Chairman,John Burton,Michael Callahan,Dale Chaput,Howard Rogers,.and Bernie Svalstad.to said Special Committee on Industrial Waste Ordinances. It was then moved,seconded,and duly carried: That hearing and further consideration of the proposed Ordinances establishing Regulations for Use of Districts’Sewerage Facilities be continued to the regular meeting of the Joint Boards of Directors on June 11,1975. ALL DISTRICTS .At 9:40 p.m.,the Boards convened in Convene in executive executive session to consider litigation session .matters. ALL DISTRICTS At 10:20 p.m.,the Boards reconvened in Reconvene in regular regular session. session ALL DISTRICTS . The Joint Chairman reported several Authorizing new Agreement Directors had requested that the rescission with JeanneL.Eddows,dba of the agreement with Jeanne L.Eddows, Alart Company,re Sale of dba Alart Conipany,be reconsidered by the Digested Sewage Solids ..Boards.Pursuant to their request, Jeanne L.Eddows,or her representative, would be allowed ten minutes to present the firm’s position,following which further reconsideration would be at the Boards’pleasure. The Chair then recognized Norman Card,General Manager of the Alart Company, who addressed the Boards in connection with the rescission of the Agreement with Jeanne L.Eddows for Sale of Digested Sei~age Solids.. Following a brief discussion regarding parliamentary procedures on reconsideration of a previous action of the Boards,it was moved and seconded that the action of the Boards of Directors on May 14,1975,ratifying rescission of the contract for Sale of Digested Sewage Solids between District No.1 and Jeanne L.Eddows,dba Alart Company,authorizing the General Manager to negotiate sale of processed solids on a interim basis and to advertise for bids on a long-term contract for sale •of digested sewage •solids,be reconsidered by the Boards of Directors. Fol1owing~a rQll call vote,the General Counsel reported that the motion to reconsider the action of the Boards of Directors on May 14,1975,had passed by virtue of four Districts voting in favor thereof,and three •Districts voting against said motion. A motion was then made and seconded to execute a new agreement,prepared by the General Counsel,with Jeanne L.Eddows,dbaAlart Company,for Sale •of Digested Sewage Solids,to be executed as soon as possible. -5- ... ...,, __________ #1~2,3,5,6,7 ~11 . 5/29/75 The Board then entered into a.lengthy.discussion regarding the proposed new agreement during which the motion.was restated and the points of consideration clarified by the General Counsel as follows: 1)That as a condition of-execution of a new agreement, Jeanne L..Eddows,dba Alart Company,acknowledge the validity of the rescission of the Agreement for Sale H . of Digested Sewage Solids dated February 20,1975;and, 2)That definition of the ownership of approximately 3,500 yards of sewage solids processed by the Districts since rescission of the original agreement be set forth;and, 3)That basic terms and conditions of the original contract as modified be reincorporated into the new agreement.;and, 4)That the General Manager be authorized to approve the . equipment to be used on the site prior to the execution of a new agreement. •The Board then entered into further deliberations regarding the term of the proposed new agreement,whereupon an amendment was moved,seconded, and duly carried:. - . - To provide that the new agreement with Jeanne L.Eddows,dba Alart Company., be for.a 30-day period,with provision that said agreement may be extended -by mutual consent following a review by the Boards..Q After an expression of confidence in the staff,and further discussion and a restatement of the main motion to authorize execution of a new agreement with Jeanne L.Eddows,dba Alart Company,for sale of digested solids,in form approved by the General Counsel,subject to the following conditions: 1)Said agreement be for a period of 30 days with provision for extension thereof,following a review by the Boards of Directors;and, 2)That Jeanne L.Eddows,dba Alart Company,agrees that the Notice of Rescission dated May 6,1975,rescinding the agreement between District No.1 and said firm dated February 20,1975,for sale of digested sewage solids, is valid,and effectively cancels said agreement-and waives any and all District liability therefor;and, 3)That all sludge materials which have been processed by the Districts from the date of rescission to the date of execu tionof a new agreement,not be incorporated within the telins of said new contract,and that said processed sludge be recognized as the property of the Districts;and, -- . . .a-. —6— #1,2,3,5,6,7 ~11 5/29/75 4)That a list of necessary equipment to perform under the terms and conditions of the new agreement be presented and approved by the General Manager prior to execution of said agreement;and, 5)That the general terms and conditions relative to liability insurance and miscellaneous general provisions of the original contract be incorporated into the new agreement1 roll call vote was taken.The General Counsel then reported that the motion had passed by virtue of five Districts voting in favor thereof,and two Districts voting against said motion. DISTRICT 1 Moved,seconded,and duly,carried: Adjournment That this meeting of the Board of Directors of County Sanitation District No.1 be adjourned.The Chairman then declared the meeting so adjourned at 11:06 p.m~.,May 29,1975. DISTRICT 3 . Moved,seconded,and duly carried: Adj ournment That this meeting of the Board of Directors of County Sanitation District No.3be adjourned.The Chairman then declared the meeting so adjourned at 1l:b6 p.m.,May 29,1975.. DISTRICT 7 Moved,seconded,and duly carried: Adjournment 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 11:06 p.m.,May29,1975. DISTRICT 11 Moved,seconded,and duly carried: Adjournment That this meeting of the Board of Directors. of County Sanitation District No.11 be adjou~ned.The Chairman then declared the meeting so adjourned at 11:06 p.m.,May 29,1975. DISTRICTS 5 ~6 Moved,seconded,and duly carried: Accepting Contract No. 5—14R-5R as complete That the Boards of Directors adopt Resolution No.75-83,accepting Manhole Replacement and Repair,Contract No.5-14R-5R,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 5 Moved,seconded,and duly carried: Adj ournment 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 11:07 p.m.,May 29,1975. -7-. S #1,2,3,5,6,7 ~11 5/29/75 DISTRICT 6 Moved,seconded,and duly c~rried:0) Adjournment That this meeting of the Board of Directors of County Sanitation District No.6 be adjourned.The Chairman then declared the meeting so adjourned at 11:07 p.m.,May 29,1975. DISTRICT 2 Following a brief discussion,it was Receive and file letter from moved,seconded,and duly carried: Anaheim Hills,Inc.requesting annexation of territory,and That the letter from Anaheim hills,Inc. refer to staff dated April 30,1975,requesting annexation of approximately 10.556 acres of territory to the District in the Anaheim Hills,Inc.development area, be received,ordered filed,and referred to staff for study and recommendation. DISTRICT 2 The General Manager reported that the Declaring intent to assist staff had met with State and Federal Air Resources Board in air officials regarding air mitigation measures mitigation measures re grant which must be undertaken in connection on Reach 3 of the Santa Ana with constructionof the Santa Ana River River Interceptor Interceptor from La Palma Avenue to the OrangeCounty boundary.The Air Resources Control Board has requested that the Boards adopt a resolution declaring their intent to assist in the development and implementation of an air quality maintenance plan covering the South Coast Air Basin. Following a brief discussion,it was moved,seconded,and duly carried:0 That the Board of Directors a.dopt Resolution No.75-84-2,declaring their intent to assist the Air Resources Board re development and implementation of an air quality maintenance plan covering the South Coast Air Basin,subject to receipt of a letter from the State assuring our agency that the action taken by the Board complies with the air mitigation requirements. DISTRICT 2 Moved,sedonded,and duly carried: Adj ournment •That this meeting of the Board of Directors of County Sanitation District No.2be adjourned.The Chairman then declared the meeting so adjourned at 11:12 p.m.,May 29,1975. S~id~et~y Boatd~of Directors, ~ntY S/Mtati&(Districts Nos.1, ~it -8- IIj~E~~~A ~~.Ia 1.AI k ~~