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
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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:
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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
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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.
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ALL DISTRICTS The Joint Chairman reported that he and
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“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.
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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
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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.
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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
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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:.
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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,
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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.
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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,
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