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
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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.
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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
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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.
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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
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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
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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
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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.
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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.
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10/29/75
DISTRICT 5 Moved,seconded,and duly carried:
Adjournment
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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.
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DISTRICT 7
Approval of
check register
7 and 11
Nos.
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