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HomeMy WebLinkAboutMinutes 1981-04-134 COUNTY SANITATION DISTRICT NO.5 OF ORANGE COUNTY,CALIFORNIA MINUTES OF ADJOURNED REGULAR MEETING April 13,1981 -5:30 p.m Newport Beach City Hall Annex 3330 Newport Boulevard Newport Beach,California Pursuant to the adjournment of the regular meeting of April 8,1981,the Board of Directors of County Sanitation District No.5 of Orange County,California met in an adjourned regular meeting at the above hour and date,at the Newport Beach City Hall Annex. The Chairman called the meeting to order at 5:30 p.m.The roll was called and the Secretary reported a quorum present.. DIRECTORS PRESENT:Jacqueline Heather (Chairman),John Cox,Jr. and Thomas Riley DIRECTORS ABSENT:None STAFF MEMBERS PRESENT:Fred A.Harper,General Manager,J.Wayne Sylvester,Secretary,Rita Brown,Hilary Baker and Tom Dawes OTHERS PRESENT:Thomas L.Woodruff,General Counsel,Joe Devlin,Dave Dmohowski,Charlie Jencks, Steve Nelson,Tom Nielsen,Allan Tebbetts and Carl Wilcox **************** Report of EDAW,Inc.Steve Nelson of EDAW,Inc.,District’s District’s consultant consultant,briefly reviewed the oral comments on comments received on received at the March 30th public hearing on Final Supplemental EIR the Draft Environmental Impact Report (EIR) re Enhancement Program re Enhancement Program for the Big Canyon for Big Canyon Drainage Drainage Area.He also reported that addi Area tional written comments had been received from the California Department of Fish and Game and the Orange County Environmental Management Agency subsequent to the hearing.Mr.Nelson then categorized the various types of comments received and summarized the responses thereto which have been incorporated into the final EIR. Following a brief discussion,Allen Tebbetts,Special Counsel for the District, stated that the restoration plan is in compliance with the conditions originally established by the Coastal Commission and they are in agreement with the proposed plan. —————..-—.......-,.._..__.L ~.2.....1...~— District 5 I April 13,1981 .~ _________________________ It was moved,seconded and duly carried: ___________________________ That the written comments received from the Department of Fish and Game,~Iated April 6,19 __________________________ and the Orange County Environmental Management Agency,dated April 8,1981,~elative to the Impact Report (EIR)re ~nhancement Program for and are hereby,received and ordered filed. Moved,seconded and du1~y carried: ___________________________ That the Final Supplemental Ervironmental Impact Report re Enhandement F~rogram for the Big Canyon Drainage’Area be,and is FURTHER MOVED:That the Board of Directors hereby certif: Final Supplemental EIR has been completed in compliance w~:District Guidelines Implementing the California Environmei of 1970,as amended. Approving agreement with It was moved,seconded ~nd duly carried: State of California,Dept.. of Fish and Game,re Enhance That the Board of Directors h~reby adoptsmentProgramforBigCanyonResolutionNo.81-6O-5,~approving AgreementDrainageAreaRegardingProposedStre~.m or Lake Alteration with the State of California,Department of Fish and Game,in connection with the Enhancement Prograin~for ~Big CanyonDrainageArea(Big Canyon Marsh Restoration Project).A ¶~ertifi~ed copyofthisresolutionisattachedheretoandmadeapartoftheseminutes. Discussion re agreement with The District’s General ~ounse1 reported onTheIrvineCompanyretheagreemententeredilltowithTheIrvine construction of the Back Bay Company in 1976 re advance payment of connection Trunk Sewer fees in order to constn~ict the~Back Bay Trunk Sewer to serve properties owned by The Irvine Company.Mr.Woodruff pointed out that due to the current finan~ial status of the District,the payment provisions of the 1976 agreement need ~o be revised. He indicated that negotiations with The Irvine Company relative to preparationandapprovalofanewagreementhadbeenunderwayforsoi~e time~but,.as yet, no new agreement had been executed and that The Irvine Co9ipany recentlyindicatedthattheywouldprefertocontinuewiththeexistinga~reement. Mr.Woodruff stressed the importance of resolving the repayment issue prior to advertising for bids for construction of said project. Receive and file written comments re Draft Supple mental EIR re Enhancement Program for Big Canyon Drainage Area Draft Supplemental Environmental the Big Canyon Drainage Area be, Receive,file and approve Final Supplemental EIR re Enhancement Program for the Big Canyon Drainage Area hereby,received,ordered filed and approved;and, Les th~ ith thE ital Q~ .t said State and ality Act Following a lengthy discussion relative to the provisions agreement and proposed changes to be included in a new ag: Irvine Company,Tom Nielsen,representing The Irvine Comp~ pos~.tion relative to repayment of the loan and assured th~ necessary terms and conditions could be worked out to the prior to award of a contract for the Back Bay Trunk Sewer, to proceed. of the eement ny,coi Board Distri to enal current with The rimented on their that the :t’s satisfaction, )le the project 0 Jistrict ~ April 13,1981 ~‘Ap~roving plans and Following a brief report by the Deputy Chief specifications for Engineer on the bidding procedure to be followed, Contract No.5-24 it was moved,seconded and duly carried: That the Board of Directors hereby adopts Resolution No.81-58-5,approving plans and specifications for Back Bay Trunk Sewer,from Newport Dunes to Jamboree Pump Station,Contract No.5-24,and authorizing the General Manager to establish the date for receipt of bids.A certified copy of this resolution is attached hereto and made a part of these minutes. Approving plans and Moved,seconded and duly carried: specifications for Contract No.5-24-1 That the Board of Directors hereby adopts Resolution No.81-59-5,approving plans and specifications for Enhancement Program for the Big Canyon Drainage Area (Big Canyon Marsh Restoration Project),Contract No.5-24-1,and authorizing the General Manager to establish the date for receipt of bids.A certified copy of this resolution is attached hereto and made a part of these minutes. Discussion re implementation Following a staff review of the required of user charges procedures and actions necessary to establish a user fee and collect said fee on the annual property tax bill,the Board entered into a discussion of the alternative time tables for implementation of such a fee. It was then moved,seconded and duly carried: That Alternative A,to implement user fees to be collected on the property. tax bill beginning with the 1981-82 fiscal year be adopted;and, FURThER MOVED:That the staff be directed to proceed with implementation thereof. Waiving provisions of Following a brief discussion of the need to purchasing resolution expedite procurement of necessary materials, re user fee program supplies and services to enable implementation implementation of the user fee program in accordance with the adopted timetable,it was moved,seconded and duly carried: That the provisions of District Purchasing Resolution No.81-24 be,and are hereby,waived and that the staff be,and is hereby,authorized to procure necessary materials,supplies and services to implement said user fee program. Adjournment Moved,seconded and duly carried: That this meeting of the Board of Directors of County Sanitation District No.5 be adjourned to 5:30 p.m.,April 29,1981,at Newport Beach City Hall Annex. The Chairman then declared the meeting so adjourned at 6:25 p.m.,April 13,1981. Chairman of the Board of Directors County Sanitation District No.S of Orange County,California Secretary of the Board of Directors County Sanitation District No.5 of Orange County,California