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HomeMy WebLinkAboutMinutes 1975-10-29COUNTY SANITATION DISTRICTS NOS.1,2,3,5,6,7 ~11 OF ORANGE COUNTY,CALIFORNIA MINUTES OF ADJOURNED REGULAR MEETING October 29,1975 -7:30 p.m 10844 Ellis Avenue Fountain Valley,California Pursuant to adjournment of the regular meeting held October 1,1975,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 Rima (Chairman),Robert Battin, John Garthe,and Donald Saltarelli Directors absent:None DISTRICT NO.2 Directors present:Michael Callahan (Chairman),Dale Chaput, ~ -~..rnon ~,~~i,c:;’jI’ MacKain,Bob Perry,George Scott,Jess Perez,Donald Winn,Frances Wood,and Robin Young - Directors absent:Ralph Clark DISTRICT NO.3 Directors present:Phillip Cox (Chairman),Lowell Amo, Edward Byrne,Norman Culver,Jesse Davis,Vernon Evans,Donald Fox,Alice Frankiewich,Beth Graham,Miriam Kaywood, Thomas McKnew,Laurence Schmit,Donald Shipley,Bernie Svalstad,Frances Wood, and Martha Weishaupt Directors absent:None DISTRICT NO.5 Directors present:Don Mclnnis (Chairman),Thomas Riley, and Howard Rogers Directors absent:None - -—-—-~----—~—.--- ————-I- 10/29/75 DISTRICT NO.6 Directors present:JOhn Store (Chairman),Robert Battin, and Kerni Rima Directors absent:None DISTRICT NO.7 Directors present John Garthe (Chairman),Milan Dostal, Francis Clockner,James Jackman,and Donald Saltarelli Directors absent:John Burton and Ralph Clark DISTRICT NO.11 Directors present:Laurence Schmit (Chairman),Henry Duke, and Norma Gibbs Directors absent:None STAFF MEMBERS PRESENT:Fred A.Harper,General Manager,J.Wayne Sylvester,Secretary,Ray Lewis,William Clarke,John Thomas,Rita Brown,and Hilary Eitzen OTHERS PRESENT:Thomas L.Woodruff,General Counsel, Walt Howard,Harvey Hunt,Milo Keith, Gail Lynch,Vinton Sheffield,Ed Black, George Tiiidali,A.E.Jeni~1ng~,C~.L. Harper,Dale H.Price,W.P.Hussey, Gordon Walker,Thomas Russell,John Stillman,Jerri Ames,Steven Hergy,1.J. Lageman,Bob Webber,Ed Gallardo,Bill Snyder,Frank Elwell,Wayne Berd,Thomas F.McGuinness,Steven Lazerson,Stuart E.Salot,R.H.Cain,S.Macomber,and Robert C.Gell ALL DISTRICTS The Joint Chairman reported on his Report of the attendance at the 48th Annual Conference Joint Chairman of the Water Pollution Control Federation held earlier in the month in Miami Beach, Florida.He commented on remarks made at the conference by Russell Train, Administrator of the Environmental Protection Agency,and Congressman Wright,Chairman of the Oversight Coinmi.ttee,who observed that Congress never intended that PL 92-500 (1972 Amendments to the Water Pollution Control Act)would not be subject to change,and,in fact,established a National Committee on Water Quality to monitor the Act.He also noted that Congress would have to amend the law to recognize the practicality of the goals established by the Act. —2—• 10/29/75 The General Manager reported further on the Water Pollution Control Federation’s Conference in Miami Beach and noted the attention given New York City’s fiscal crisis because of its impact on all public agencies’financial sources, particularly as it relates to funding of the local share of water quality projects.Mr.Harper also commented on the problem being faced by sewering agencies throughout the country because of the restrictions on use of ad valorem taxes for meeting requirements of the Environmental Protection Agency and State regulations on user charges.Our Districts and the Association of Metropolitan Sewering Agencies have been working vigorously on this amendment to PL 92-500.Unless the provision is changed,our Districts as well as most other large agencies face the possible withholding of the final 20%on grant funded projects which could result in a serious cash deficit position,and a substantial increase in’operating costs if it is necessary to implement a billing system for user charges in lieu of ad valorem taxes. Mr.Harper also commented on the impact of the Environmental Protection Agency’s delays in approving projects and allocating funds which have been appropriated by Congress for the Clean Water Grant program,particu larly as it relates to the employment situation. The General Counsel reported briefly that the Districts had been dismissed out of the matter of litigation regarding alleged flooding of a trailer park in -...C ~.......~.~3 —~.,1 ~A,.,.,4,,..1...,,.4 +.~.~V 4.4_All a.4/if A.£14 hid 4th 4441 .1 4.44 S.I..t 4.41hitS .155.1 ——I SW idhi4.54..SI£i_AS Huntington Beach and Fountain Valley. The Secretary reported that since the hearing of the Boards of Directors on the proposed ordinances on May 29, 1975,the following actions had taken place. Pursuant to appointment by the Joint Chairman,a Special Committee on Industrial Waste Ordinance met with representa tives from the industrial community on June 4,1975,and reviewed six alternatives for the capital recovery provision of the proposed ordinance. At the regular June 11,1975 meeting of the Boards of Directors,the Special Committee on Industrial Waste Ordinance recommended a modified user charge employing a revenue program which continues to utilize ad valorem taxes as the major source of revenue,but collects main tenance and operation costs plus a capital recovery charge ALL DISTRICTS Report of the General Manager ALL DISTRICTS Report of the General Counsel ALL DISTRICTS First reading and introduction of Proposed Ordinances Establishing Regulations for Use of Districts’ Sewerage Facilities The Joint Chairman requested a report from the Secretary in connection with first reading and introduction of the proposed ordinances of the respective Districts establishing regulations for use of districts’sewerage facilities. -3— 10/29/75 from dischargers exceeding 2.5 million gallons per year. Credits would be allowed for ad valorem taxes paid the Q~.District.This approach would appear to provide substantial equity among users as well as promote water conservation. The Boards of Directors concurred with the Committee recommendation and authorized the staff to hold informal hearings with representatives of the Chambers of Commerce and the Industrial community for their input and reaction to the modified user charge revenue system as recommended by the Special Committee. On August 13,1975,the Boards were presented with a summary of proposed modifications to the May 29,1975,draft of the ordinance and a time schedule for adoption of the ordinance. During~August proposed revisions were mailed to,and informal hearings were held with,existing permittees,conservation groups,public agencies,Chambers of Commerce,manufacturing associations,and other interested persons.Meetings were also held with the large dischargers for which the ordinance would impose a substantial economic impact. On September 10,1975,a revised draft of the ordinance incorporating suggestions from the informal hearings was submitted to the Boards of Directors.The Boards declared their intent,to introduce their respective Ordinance Establishing Regulations for.Use of Districts’Sewerage Facilitiez,anti r~peaiing ~rd~nc~s ~n ~nfIi~t rr~:ith, for first reading at an adjourned Joint Board meeting on 1, . October 29,1975,and established November 12,1975,at 7:30 p.m.,in the Districts’administrative offices,as the time and place for final hearing and adoption of said ordinances. On September 17,1975,formal notice of hearing and a copy of the revised draft ordinances of the.respective Districts, along with comments,were mailed to approximately 600 interested parties,including the following: Districts’Directors Mews media Governing body of local sewering agencies within the Districts Staff of sewering agencies within the Districts Conservation groups and other agencies Existing District permittees Chambers of Commerce Industrial and Manufacturing Associations Libraries within the Districts a .L. ~ -4- ~!L~ii~t ~~L’.r~4,~~~~~~k ~~1l~Ii ~ :.ui :~si d ~) On October 15 and October 22,1975,notices appeared in the Register newspaper informing the general public of the -October 29th Public Hearing. On October 16 and October 23,1975,sin,iliar notices appeared in the Times newspaper. The week of October 29,1975,additional proposed refine ments to the draft ordinances were mailed to Directors, existing perinittees,conservation groups,public agencies, Chambers of Commerce,manufacturing associations and other interested persons. The purpose of this hearing,pursuant to provisions of Section 25131 of the Government Code,is to consider final change~to the proposed Ordinances Establishing Regulations for Use of Districts’Sewerage Facilities.Final adoption of each ordinance will be considered on November 12,1975, at 7:30 p.m.in the Districts’Administrative Offices. Following the report,it was moved,seconded,and duly carried:That the Summary of Districts’Actions re Proposed Ordinance Establishing Regulations for Use of Districts’Sewerage Facilities dated October 29, 1975,be received and ordered filed. The Joint Chairman then declared the hearing on Proposed Ordinances Establishing Regulations for Use of Districts’Sewerage Facilities open at 8:10 p.m. DISTRICT 1 Reading proposed Ordinance No.103 by title only by title only, be waived. DISTRICT 2 Reading proposed Ordinance No.204 by title only by title only, be waived. DISTRICT 3 Reading proposed Ordinance No.305 by title only by title only, be waived. Moved,seconded,and unanimously carried: That Ord.inance No.103,an Ordinance Establishing Regulations for Use of Districts’Sewerage.Facilities,be read and that reading of said ordinance in its entirety Moved,seconded,and unanimously carried: That Ordinance No.204,an Ordinance Establishing Regulations for Use of Districts’Sewerage Facilities,be read and that reading of said ordinance in its entirety Moved,seconded,and unanimously carried: That Ordinance No.305,an Ordinance Establishing Regulations for Use of Districts’Sewerage Facilities,be read and that reading of said ordinance in its entirety —5- -:-_._--_-,~--------.F ~ -~10/29/75 DISTRICT S Moved9 seconded,and unanimously carried: Reading proposed Ordinance No.508 That Ordinance No.508,an Ordinance by title only Establishing Regulations for Use of Districts’Sewerage Facilities,be read by title only,and that reading of said ordinance in its entirety be waived. J DISTRICT 7 Moved,seconded,and unanimously carried: H:Reading proposed - •Ordinance No.716 That Ordinance No.716,an Ordinance by title only Establishing Regulations for Use of Districts’Sewerage Facilities,be read by title only,and that reading of said ordinance in its entirety be waived. DISTRICT 11 Moved,seconded,and unanimously carried: Readingproposed Ordinance No.1103 That Ordinance No.1103,an Ordinance ~y title only Establishing Regulations for Use of Districts’Sewerage Facilities,be read by title only,and that reading of said ordinance in its entirety :~be waived. ALL DISTRICTS The Secretary then reported that since Receive and file letter the May 29th hearing on the proposed from the State Water ordinances,one communicati.on had been Resource3--Control-hoard received on October 28,1975.He then Division of Water Quality read said communication from the State ~p~çposed ordinances Water Resources Control Board,Division of Water Quality;whereupon,it was moved,seconded,and duly carried: That the communication dated October 24,1975,from the State Water •Resources Control Board,Division of Water Quality,regarding Proposed Ordinances Establishing Regulations for Use of Districts’Sewerage •Facilities,be received and ordered filed. ALL DISTRICTS The Joint Chairman recognized William Oral Comments and Snyder representing the electro-plating discussion re industry,who spoke in favor of adoption proposed ordinance of the proposed ordinance;Frank Elwell of Shur-Plate,Inc.,who spoke against adoption of the proposed ordinance;and Vinton Sheffield representing Kraft Foods Corporation,who read a telegram from his corporation’s manager of environmental control objecting to certain provisions of the proposed ordinance. The Board then entered into,a general discussion concerning the State Water Resources Control Board’s comments on the ordinance provisions —6—•• ~~ 10/29/75 regarding use of ad valorem taxes,heavy metal discharge concentrations and compliance dates,federal pre-treatment requirements and the definition of industry.It was observed that certain of the areas of concern expressed by the State would be resolved if amendments to PL 92-500 (1972 Amendments to the Water Pollution Control Act)currently pending before Congress are forthcoming.The General Counsel stated that merely because the ordinance does not meet the specific require ments of the State’s letter,it would not,in fact,he invalid. It may,however,require amendments to the ordinance in the future.The State may also seek to enforce their position by imposing restrictions on the Districts’construction grants. Following staff remarks on the oral comments on the proposed ordinances,the Boards of Directors entered into a lengthy discussion during which it was pointed out that the proposed ordinance is considered an interim measure toward achieving the ultimate requirements established by PL 92-500 (1972 Amendments to the Water Pollution Control Act)and to protect the integrity of the Districts’sewerage system by establishment of a source control program.It would also provide for distributing costs more equitably among users as required by the State Water Resources Control Board and the Environmental Protection Agency. It was further pointed out during the discussion that the regulatory agencies have been encouraging the Districts to adopt an ordinance in this regard and would consider non- adoption of the ordinance as an interpretation that the Districts wish to do nothing to comply with th~‘1~t ~theref~e of more serious consequence than adoption of the ordinance as proposed. The major impact of the ordinance is,of course,on the industrial community.However,the Board has amended the ordinance to the industrial community’s apparent satisfaction. It is the considered judgement that many of the State’s require ments will,have to be revised because they are either unrealistic or not based on sound scientific data.When and if this is done, the basis for the State’s objections to certain provisioi~s of the proposed ordinance would be eliminated. The Directors then discussed the propriety of communicating with the State Water Resources Control Board requesting a clarification of the concerns expressed in their letter of October 24 in order that the Districts’position on each point could be more fully explained.This would further provide an opportunity for the SWRCB to indicate what action they might consider in the event certain provisions of the adopted ordinance did not satisfy their office. Following further discussion on the final recommended amendments to the draft ordinance,the Joint Chairman declared the hearing closed at 8:47 p.m. -7- ---—-.-—---——-.-~—________________.-—.... 10/29/75 DISTRICT 1 Mo~~red,seconded,and duly carried: Introduce Ordinance No.103 That Ordinance No.103,an Ordinance Establishing Regulations for Use of District Sewerage Facilities,amended to include the ordinance changes of September 10,1975 and October 17,1975,be introduced andpassed to second reading on November 12,1975 at 7:30 p.m.in the Districtst administrative office. DISTRICT 2 Moved,seconded,and duly carried: Introduce Ordinance No.204 That Ordinance No.204,an Ordinance Establishing Regulations for Use of - District Sewerage Facilities,amended to include the ordinance changes of September 10,1975 and October 17,1975,be introduced and passed to second reading on November 12,1975 at 7:30 p.m.in the Districts’administrative office. DISTRICT 3 . Moved,seconded,and duly carried: Introduce Ordinance No.305 That Ordinance No.305,an Ordinance Establishing Regulations for Use of District Sewerage Facilities,amended to include the ordinance changes of September 10,1975 and October 17,1975,be introduced and passed to second reading on November 12,1975 at 7:30 p.m.in the Districts’administrative office. DISTRICT 5 Moved,seconded,and duly carried: Introduce Ordinance No.508 That Ordinance No.508,an Ordinance Establishing Regulations for Use of District Sewerage Facilities,amended to include the ordinance changes of September 10,1975 and October 17,1975,be introduced and passed to second reading on November 12,1975 at 7:30 p.m.in the Districts’administrative office. DISTRICT 6 Moved,seconded,and duly carried: Introduce Ordinance No.603 That Ordinance No.603,an Ordinance Establishing Regulations for Use of District Sewerage Facilities,amended to include the ordinance changes of September 10,1975 and October 17,1975,be introduced and passed to second reading on November 12,1975 at 7:30 p.m.in the Districts’administrative office. DISTRICT 7 Moved,seconded,and duly carried: Introduce Ordinance No.716 That Ordinance No.716,an Ordinance Establishing Regulations for Use of District Sewerage Facilities,amended to include the ordinance changes of September 10,1975 and October 17,1975,be introduced and passed to second reading on November 12,1975 at 7:30 p.m.in 0)the Districts’administrative office. jjI i~&I I.) DISTRICT 11 Introduce Ordinance No.1103 ALL DISTRICTS Amending Resolution No.75-142,re Job No.PW-045 ALL DISTRICTS Certification of the General Manager received and ordered filed to be in order,and that he received and ordered filed. ALL DISTRICTS Convene in t~cw..ive session Moved,seconded,and duly carried: That certification of the General Manager that he has checked all bills appearing on the agenda,found them recommends authorization~for payment,be At 9:13 p.m.,the Boards convened in executive ~e~ion to consider r~uruL~1 matters. ALL DISTRICTS Reconvene in regular session DISTRICT 1 Moved,seconded,and duly carried: Adj ournment 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 9:30 p.m. DISTRICT 2 Moved,seconded,and duly carried: Adjournment That this meeting of the Board of Directors of County Sanitation District No.2be adjourned.The Chairman then declared the meeting so adjourned at 9:30 p.m. DISTRICT 3 Adjournment ___________________ Moved,seconded,and duly carried: ___________________ That Ordinance No.1103,an Ordinance Establishing Regulations for Use of District Sewerage Facilities,amended to include the ordinance changes of September 10,1975 and October 17,1975,be introduced and passed to second reading on November 12,1975 at 7:30 p.m.in the Districts’administrative office. ___________________ Moved,seconded,and duly carried: _________________— That the Boards of Directors adopt __________________ Resolution No.75-144,amending Resolution No.75-142,awarding contract for Construction of JPL-ACTS Process Plant,Job No.PW-045.Certified copy of this resolution is attached hereto and made a part of these minutes. At 9:29 p.m.,the Boards reconvened in regular session. 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 9:30 p.m. -9-. 10/29/75 DISTRICT 5 Moved,seconded,and duly carried: Adjournment - 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 9:30 p.m. DISTRICT 6 Moved,seconded,and duly carried: 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 9:30 p.1mm. _____________ Moved,seconded,and duly carried: ______________ That the District’s Facilities Revolving Fund account:s payable check register be approved for signature of the Chairman,and that the County Auditor be authorized and directed to pay $58,174.99 in accordance with the claim listed below: WARRANT NO.IN FAVOR OF AMOUNT 27334 McGuire Construction,Inc.$58,174.99 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 9:31 p.m. DISTRICT 11 Moved,seconded,and duly carried: Adj ournment 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 9:31 p.m. •~ DISTRICT 7 Approval of check register 7 and 11 Nos. -10-