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Home My WebLink AboutMinutes 1977-06-15COUNTY SANITATION DISTRICT NO.11 OF ORANGE COUNTY,CALIFORNIA MINUTES.OF ADJOURNED REGULAR MEETING June 15,1977 -7:30 p.m 10844 Ellis Avenue Fountain Valley,California Pursuant to adjournment of the regular meeting held June 8,1977,the Board of Directors of County Sanitation District No.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 called,and the Secretary reported a DIRECTORS PRESENT: to order at 7:30 p.m.The roll was quorum present. Ron Pattinson (Chairman),Ron Shenkman and Laurence Schmit DIRECTORS ABSENT: Hearing Re Draft Environmental Impact Report for Master Plan of Sewer Facilities None Fred A.Harper,General Manager,J.Wayne Sylvester,Secretary,William Clarke and Dennis Reid Thomas L.Woodruff,General Counsel,Bill Hartge.Rich Barnard,Don DeMars and Herb Chatterton This being the time and place previously established for the hearing on the Draft Environmental Impact Report (EIR)for Master Plan of Sewer.Facilities for County Sanitation District No.11,the open at 7:35 p.m. The Secretary .‘eported that the Draft Environmental Impact Report had been received and filed by the Board of Directors on April 13,1977,and that May 24,1977 had been established as the final date for submittal of all comn~ents on said EIR in accordance with the Districts’Guidelines Imple menting the California Environmental Quality Act of 1970,as amended.On April 21,1977,the Draft EIR was mailed to all affected and interested agencies and individuals.On May 27,1977 a Notice of Public Hearing was published in the Daily Pilot and said notice had been continuously posted at the Districts’administrative offices since that date. The staff then briefly reviewed the purpose of the EIR prepared to address the environmental impacts associated with the construction of major trunk sewer facilities in.District No.11.Addenda to the EIR will be filed at a later date addressing the physical construction impacts. STAFF MEMBERS PRESENT: OTHERS PRESENT: *********** Chairman declared the hearing It was then moved,seconded,and duly carried: 6/15/77 That the following written communications received relative to the Draft Environmental Impact Report be received and ordered filed. -Letter dated May 20,1977,from the State of California,Resources Agency,Department of Fish and Game -Letter dated May 30,1977,from the County of Orange,Environmental Management Agency -Letter dated May 31,1977,from the State of ealifornia,Business and Transportation Agency,Department of Transportation -Letter dated June 13,1977,from the City of Huntington Beach, Department of Planning and Environmental Resources •The Chairman then recognized Mr.Rich Barnard,representing the City of Huntington Beach,who expressed the concern of the City that the alignment of the Coastal Trunk Sewer addressed in the Environmental Impact Report around the perimeter of the Bolsa Chica is different than the alternatives in the Master Plan for Reaches 5 and 6. Mr.Don DeMars of Ultra Systems,the firm that prepared the Draft Environ mental Impact Report,then explained that after reviewing the alternate routes shown in the Master Plan through the Bolsa Chica~marshlands with the engineer,Keith and Associates,and the Districts’staff,it was determined that they were only tentative and that the exact routing had yet to be established.The EIR limited its study to the third alternative which,in the opion of Ultra Systems,was the most advantageous from an ecological standpoint and would have the least impact.The other alternate ~JJ routes were not addressed i.n the EIR because the California Environ mental Quality Act has been interpreted as requiring investigation of alternatives only if there would be a lesser impact for those alternatives. The Board then entered into a lengthy discussion concerning a revision of the documents to reflect the changes so that there is agreement between the EIR •and the Master Plan on the alternate routing of the Coastal Trunk through Bolsa Chica marshland area.The Board also discussed the possibi lity of future development of the Signal L~indmark properties in the Bolsa Chica area.It was the consensus of the Board that development of the area was,at best,questionable,and that requirements for facilities to serve the Signal property should be strongly qualified in the EIR.It was also pointed out that final alignments would be subject to the approval of the Coastal Commission. The Chairman then declared the public hearing closed at 8:00 p.m. Following the close of the public hearing,the Board entered into a dialogue with ~lr.Herb Chatterton,representing the Amigos de Bolsa Chica.The previous discussions as well as the wild life habitat and the possibility of the State acquiring the marshlands were reviewed with Mr.Chatterton,who expressed his complete satisfaction with the Environmental Impact Report. —2- 6/15/77 Discussion re Implementation of Connection Fees It was moved,seconded,’and duly carried: Authorizing legal action The General Manager reported that the against Sunset Beach Districts and the City of Huntington Sanitary District re Beach are experiencing overloading of violation of discharge the facilities in Warner Avenue,pri agreement and authorizing manly as a result of flows that are draft of agreement with being discharged from the Sunset Beach Huntington Beach re Master Sanitary District pursuant to an agree- Plan Facilities in Warner ment between the Sanitary District,the Avenue City of Huntington Beach and District No.11.The Sanitary District has been exceeding the capacity provided for in the agreement for some time and is,therefor,in violation of its terms and conditions.The Districts’ General Counsel and the City Attorney’s Office have been unsuccessful, to date,in resolving the matter with the Sanitary District.A revised agreement has been proposed by our District and the City but Sunset Beach has continually delayed facing the issue. The respective Master Plans of the City and District No.11 provide for the District to build a partial parallel line in Warner Avenue to relieve the existing surcharged conditions and to purchase the remaining line from the City.Mr.Hartge,City Director of Public Works,confirmed that the City is considering immediate construction of the line to be purchased by the District in the future,to relieve the overloaded condition.Construc tion could be completed in approximately nine months.It was pointed Out that unless the problems were resolved,a serious public health problem could exist in the Sunset Beach area. Following a lengthy discussion,the following actions were then taken: Authorizing General Counsel to give Notice to Sunset Beach Sanitary District to comply with agreement or face legal action It was rn~~d~’--seconded,and duly carried: __________________________ That the General Counsel be authorized —_________ to give noticeto the Sunset Beach ___________________________ Sanitary District that unless they comply with provisions in the exist ing agreement between the City,the Sanitary District and District No. and proceed to execute a revised agreement for discharge of sewage through the City and District No.11 facilities within ten days, appropriate legal action will be initiated by the Sanitation District. 11, Directing Staff to Prepare Final Environmental Impact Report and Master Plan of Sewer Facilities ___________________________ That the staff be directed to prepare the final Environmental Impact Report for Master Plan of Sewer Facilities incorporating the changes relative to the Signal Landmark Development,and revise the Master Plan of Sewer Facilities regarding the alternate routes for Reaches 5 and 6 Of the Coastal Trunk Sewer. ______________________________ The General Manager reported that the staff ____________________________ would be submitting a draft ordinance implementing connection fees for new construction similar to that in District No.3,which covers the remaining portion of the City of Huntington Beach.The Board has previously declared their intent to adopt such a charge for financing the construction of Master Plan Facilities. -3- 6/5/77 Authorizing General Counsel to Draft Agreement with the City of IIuntington Beach for Construction and Pur chase of new Sewer in Warner Avenue Chairman of the Board of Directors County Sanitation District No.11 of Orange County,California Secretary of the Board of Directors •County Sanitation District No.11 of Orange County,California It was moved,seconded,and duly carried: That the General Counsel be authorized to draft an agreement between District __________________________ No.11 and the City of Huntington Beach for construction of new Master Plan sewer in Warner Avenue by the City and sale of said sewer to the District ATTEST: -4-