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Home My WebLink AboutMinutes 1996-02-14COUNTY SANITATION DISTRICTS NOS.1,2,3,5,6,7,11,13 AND 14 OF ORANGE COUNTY,CALIFORNIA MINUTES ADJOURNED MEETING FEBRUARY 14,1996 ADMINISTRATIVE OFFICES 10844 ELLIS AVENUE FOUNTAIN VALLEY,CALIFORNIA 92708-7018 ROLL CALL -~- -~- -~- -~- -~- -L -~- -~- -~- -~- ACTIVE DIRECTORS Pat McGuigan,Chair James M.Ferryman,Chair pro tern Mark A.Murphy Thomas R.Saltarelli Roger Stanton John Collins,Chair Daniel T.Welch.Chair pro tern Barry Denes Burnie Dunlap Norman Z.Eckenrode James H.Flora Pat McGuigan Mark A.Murphy Chris Norby Sheldon Singer Roger Stanton Bob Zemel ALTERNATE DIRECTORS Ted R.Moreno — Arthur Perry — Joanne Coontz —Jim Potts — William G.Steiner —George Scott _~~&._John M.Gullixson —Bob Bell — Glenn Parker —Carol Downey — Steve Anderson — Ted R.Moreno —Joanne Coontz — Don Bankhead —George L.Zlaket —William G.Steiner — Tom Daly DISTRICT NO.3:•_~_Sal A.Sapien,Chair __L_Burnie Dunlap.Chair pro tern •,~,Walter Bowman ,.....~......George Brown ~_~.__John Collins ......~.....,James H.Flora _~_Don R.Griffin __~__Victor Leipzig __~~_Wally Linn __L_Pat McGuigan ~Chris Norby __&_Margie L.Rice .....i,~,Sheldon Singer .._L._Roger Stanton __L_Charles Sylvia ._i._Bob Zemel Harry M.Dotson Glenn Parker Gail Kerry Marilyn Bruce Hastings George Scott Steve Anderson Patsy Marshall Ralph Bauer Eva G.Miner Ted A.Moreno Don Bankhead James V.Evans George L.Zlaket William G.Steiner Robert Wahlstrom Tom Daly DISTRICT NO.5:,,.~....Jan Debay,Chair ,•~William G.Steiner,Chair pro tern ......L.....John C.Cox.Jr. — John C.Cox,Jr. —Roger Stanton —Jan Debay DISTRICT NO.6:.....~.......James M.Ferryman,Chair ..,.~.......Jan Debay,Chair pro tern .i.,,William G.Steiner —Arthur Perry — John C.Cox.Jr. —Roger Stanton DISTRICT NO.7:~_,Barry Hammond,Chair ~Thomas A.Saltarelli,Chair pro tern ......~......Jan Debay _....~_James M.Ferryman ~_,Pat McGuigan _....~_,Mark A.Murphy ~William G.Steiner Mike Ward Jim Potts John C.Cox,Jr. Arthur Perry Ted R.Moreno Joanne Coontz Roger Stanton DISTRICT NO.11: -~- -~- Victor Leipzig,Chair Shirley Dettloff,Chair pro tern Roger Stanton John M.Gullixson,Chair Bob Zemel.Chair pro tern Burnie Dunlap Mark A.Murphy William G.Steiner —Ralph Bauer —Ralph Bauer —William G.Steiner — Daniel T.Welch Tom Daly —Glenn Parker — Joanne Coontz —Roger Stanton DISTRICT NO.14:Thomas R.Saltarelli,Chair Mark A.Murphy Barry Hammond,Chair pro tern William G.Steiner Peer A.Swan —Jim Potts — Joanne Coontz —Mike Ward —Roger Stanton —Darryl Miller An adjourned meeting of the Boards of Directors of County Sanitation Districts Nos.1,2,3, 5,6,7,11,13 and 14 of Orange County,California,was held on February 14,1996,at 7:30 p.m.,in the Districts’Administrative Offices.Following the Pledge of Allegiance and invocation the roll was called and the Secretary reported a quorum present for Districts Nos.1,2,3,5,6,7,11,13,and 14 as follows: DISTRICT NO.1: DISTRICT NO.2: DISTRICT NO.13: -2- 2/14/96 Ci) STAFF MEMBERS PRESENT:Don Mcintyre,General Manager,Blake P.Anderson, Assistant General Manager-Operations,Judith A. Wilson,Assistant General Manager-Administration, Penny Kyle,Board Secretary,Cymantha Atkinson,Janet Gray,Gary Hasenstab,Irwin Haydock,Ed Hodges,Tern Josway,Steve Kozak,Greg Mathews,Pat McNeiIy,Mike Moore,Bob Ooten,Mike Peterman,Gary Streed,Jean Tappan,Michelle Tuchman,Nancy Wheatley,Mike White OTHERS PRESENT:Thomas L.Woodruff,General Counsel,Chip Clements, Michael Ozawa,Jon Schotz,George Zlaket,Alt.Director DISTRICT 14 Appointment of Chair pro tern In the absence of Chair Thomas R.Saltarelli and Chair pro tern Mark A.Murphy, Director Barry Hammond was appointed Chair pro tern of District No.14. ALL DISTRICTS Receive and file draft minutes of the Ad Hoc Committee re Landfill Issues Moved,seconded,and duly carried: That the draft minutes of the Ad Hoc Committee re Landfill Issues meeting held on January 31,1996,be,and are hereby,received and filed;and, FURTHER MOVED:That the Boards of Directors concur with the actions of the Ad Hoc Committee re Landfill Issues to consider a Term Sheet at an Adjourned Meeting on February 14,1996. ALL DISTRICTS Receive and file letter from Vicki Wilson of Integrated Waste Management Depa~ment. County of Orange,dated January 31,1996 Moved,seconded,and duly carried: That the letter dated January 31,1996,from Vicki Wilson of the Integrated Waste Management Department,County of Orange,regarding the proposed Resolution of Application to the Local Agency Formation Commission (LAFCO),be,and is hereby,received and ordered filed. -3- 2/14/96 ALL DISTRICTS Receive and file letter from Director Bob Zemel dated February 13.1996 Moved,seconded,and duly carried: That the letter dated February 13,1996,from Director Bob Zemel,requesting that the acquisition of the County of Orange Integrated Waste Management System be continued until the Joint Boards have had adequate time for analysis,be,and is hereby,received and ordered filed. ALL DISTRICTS Actions re proposed acquisition of County of Orange Integrated Waste Management System Verbal rerort and presentation Blake Anderson,Assistant General Manager of Operations,with the use of slides reported in depth on the landfill acquisition.The floor was then opened for discussion. Receive and file Staff Report dated February 7.1996 Moved,seconded,and duly carried: That the Staff Report dated February 7,1996,regarding proposed acquisition of County of Orange Solid Waste Management System,be,and is hereby,received and ordered filed. Directors John M.Gullixson,Victor Leipzig,Norman Z.Eckenrode,and Jan Debay requested that their opposition to the motion be made a matter of record. -4- 2/14/96 EDADproveaMemorandumofUnderstandingRe Proposed Terms and Conditions for Acquisition and Sale of County of Orange Solid Waste Management System and Facilities Moved,seconded,and duly carried: That the Memorandum of Understanding Re Proposed Terms and Conditions for Acquisition and Sale of County of Orange Solid Waste Management System and Facilities,to include the following,be,and is hereby,approved: (1)Offer to acquire all existing assets and liabilities of the 5 operating and 20 closed landfills owned and operated by the Integrated Waste Management Department of the County of Orange to include cash reserves of approximately $114 million,an environmental fund of approximately $28 million,and debts of approximately $82 million;and, (2)Provide acquisition terms of $300 million payable in 40 semi-annual installments of $7.5 million,for 20 years;and, (3)Conditions the offer upon the Sanitation Districts receiving waste flow control agreements from the cities and sanitary districts representing 90%of the solid waste generated within Orange County by the closing date of the offer;and, (4)Establishes a closing date of June 30,1996,or 60 days following acceptance and approval by the Board of Supervisors,whichever is later;and, (5)Other technical terms and conditions. Directors John M.Gullixson,Victor Leipzig,Norman Z.Eckenrode,and Jan Debay requested that their opposition to the motion be made a matter of record. 0 -5- 2/14/96 Authorizing the General Manager to submit to the County Board of Supervisors a Memorandum of Understanding Proposing Terms and Conditions for Acquisition and Sale of County of Orange Solid Waste Management System and Facilities Moved,seconded,and duly carried: That the General Manager be,and is hereby,authorized to submit to the County Board of Supervisors a Memorandum of Understanding Proposing Terms and Conditions for Acquisition and Sale of County of Orange Solid Waste Management System and Facilities,in form approved by General Counsel. Directors John M.Gullixson,Victor Leipzig,Norman Z.Eckenrode,and Jan Debay requested that their opposition to the motion be made a matter of record. Authorizing the General Manger to prepare a comprehensive Reauest for Proposals to provide contract operational services Moved,seconded,and duly carried: That the General Manager be,and is hereby,authorized to prepare a comprehensive Request for Proposals from qualified firms for providing contract operational services for all on-site operational,maintenance and field engineering activities at the five operating landfills,and to provide said Request for Proposals to the Joint Boards at a future meeting for approval prior to issuance. Directors John M.Gullixson,Norman Z.Eckenrode,and Jan Debay requested that their opposition to the motion be made a matter of record. ALL DISTRICTS General Counsel’s comments Prior to Closed Session General Counsel reported to the Directors the need for a closed session and to add one item needing immediate action that arose subsequent to the publication of the agenda.He reported that additional items could be added pursuant to Government Code Section 54954.2(b)upon a two-thirds vote of the Directors. No other items would be discussed or acted upon. -6- 2/14/96 ALL DISTRICTS Add Item to Closed Session Agenda Moved,seconded,and duly carried: That Item No.9(b)(1)be added to the agenda to consider a report from General Counsel in connection with the litigation entitled Sebastiano Serrantino v.County Sanitation Districts of Orange County,Orange County Superior Court Case No.737044 (Government Code Section 4956.9a]). ALL DISTRICTS Convene in Closed Session pursuant to Government Code Section 54956.9 The Boards convened in closed session at 9:18 p.m.pursuant to Government Code Section 54956.9.Confidential Minutes of the Closed Session held by the Boards of Directors have been prepared in accordance with California Government Code Section 54957.2 and are maintained by the Board Secretary in the Official Book of Confidential Minutes of Board and Committee Closed Meetings.A report of actions taken will be publicly reported at the time the approved action becomes final re Agenda Item 9(b)(1). ALL DISTRICTS Reconvene in regular session At 9:45 p.m.,the Boards reconvened in regular session. DISTRICT 1 Adjournment Moved,seconded,and duly carried: That this meeting of the Board of Directors of County Sanitation District No.1 be adjourned.The Chair then declared the meeting so adjourned at 9:45 p.m. DISTRICT 2 Adjournment Moved,seconded,and duly carried: That this meeting of the Board of Directors of County Sanitation District No.2 be adjourned.The Chair then declared the meeting so adjourned at 9:45 p.m. 0 -7- 2/14/96 DISTRICT 3 Adjournment Moved,seconded,and duly carried: That this meeting of the Board of Directors of County Sanitation District No.3 be adjourned.The Chair then declared the meeting so adjourned at 9:45 p.m. DISTRICT 5 Adjournment Moved,seconded,and duly carried: That this meeting of the Board of Directors of County Sanitation District No.5 be adjourned.The Chair then declared the meeting so adjourned at 9:45 p.m. DISTRICT 6 Adiournment Moved,seconded,and duly carried: That this meeting of the Board of Directors of County Sanitation District No.6 be adjourned.The Chair then declared the meeting so adjourned at 9:45 p.m. DISTRICT 7 Adjournment Moved,seconded,and duly carried: That this meeting of the Board of Directors of County Sanitation District No.7 be adjourned.The Chair then declared the meeting so adjourned at 9:45 p.m. DISTRICT 11 Adjournment Moved,seconded,and duly carried: That this meeting of the Board of Directors of County Sanitation District No.11 be adjourned.The Chair then declared the meeting so adjourned at 9:45 p.m. -6- ii d~I L~~J.....JdI ~~~——~—.~-~.—.———— 2/14/96 DISTRICT 13 Adjournment Moved,seconded,and duly carried: That this meeting of the Board of Directors of County Sanitation District No.13 be adjourned.The Chair then declared the meeting so adjourned at 9:45 p.m. DISTRICT 14 Adjournment Moved,seconded,and duly carried: That this meeting of the Board of Directors of County Sanitation District No.14 be adjourned.The Chair then declared the meeting so adjourned at 9:45 p.m. 0 0 -9- of County Nos.1,2,1,13 &14 1• LL I certify that those portions of the minutes of the combined regular adjourned meeting of the County Sanitation Districts of Orange County,California,on February 14,1996,reporting the actions of District No.1 are a true and correct report of the minutes of said District and that the additional matter reported showing the actions of the other Districts shall be regarded as surplusage. Chair \\ Board of Directors of County Sanitation District No.1 of Orange County,California Secretary~~‘o~of Directors of County ~1iita~on District No.1 of Orange County,California J:\WPDOC\BS\FORMS\96\FO1 -02.DO1 I certify that those portions of the minutes of the combined regular adjourned meeting of the County Sanitation Districts of Orange County,California,on February 14,1996,reporting the actions of District No.2 are a true and’correct report of the minutes of said District and that the additional matter reported showing the actions of the other Districts shall be regarded as surplusage. Boar of Di ectors of County Sanitation District No.2 of Orange County,California Secretary,(~al~d 4’Directors of County Sa~ftatio&1District No.2 of Orange County,California J :\WPDOC\BS\FORMS\96\FO 1 -02.D02 I certify that those portions of the minutes of the combined regular adjourned meeting of the County Sanitation Districts of Orange County,California,on February 14,1996,reporting the actions of District No.3 are a true and correct report of the minutes of said District and that the additional matter reported showing the actions of the other Districts shall be regarded as surplusage. -~j ir— Board of Liikectors of County Sanitation District No.3 of Orange County,California Secretary,(B3’açd/of Directors of County Sa’n4’talidn District No.3 of Orange County,California J:\WPDOC\BS\FORMS\96\FO1 -02.D03 I certify that those portions of the minutes of the combined regular adjourned meeting of the County Sanitation Districts of Orange County,California,on February 14,1996,reporting the actions of District No.5 are a true and correct report of the minutes of said District and that the additional matter reported showing the actions of the other Districts shall be regarded as surplusage. ~rs of County Sanita ion District No.5 of Orange County,California County Sanitation District No.5 of Orange County,California J:\WPDOC\BS\FORMS\96\FO1 -02.D05 I certify that those portions of the minutes of the combined regular adjourned meeting of the County Sanitation Districts of Orange County,California,on February 14,1996,reporting the actions of District No.6 are a true and correct report of the minutes of said District and that the additional matter reported showing the actions of the other Districts shall be regarded as surplusage. o rd of Directors of County Sanitation District No.6 of Orange County,California Secretary,B~r~of,)Øirectors of County Sanft~tion ~strict No.6 of Orange County,California J:\WPDOC\BS\FORMS\96\FO1 -02.D06 I certify that those portions of the minutes of the combined regular adjourned meeting of the County Sanitation Districts of Orange County,California,on February 14,1996,reporting the actions of District No.7 are a true and correct report of the minutes of said District and that the additional matter reported showing the actions of the other Districts shall be regarded as e. Secretary,l~’o~~th ç~fj1Directors of County Sani~tthior~Oistrict No.7 of Orange County,California Boar Sanitation of Orange )unty 7 J:\WPDOC\BS\FORMS\96\FO 1 -02.D07 I certify that those portions of the minutes of the combined regular adjourned meeting of the County Sanitation Districts of Orange County,California,on February 14,1996,reporting the actions of District No.11 are a true and correct report of the minutes of said District and that the additional matter reported showing the actions of the other Districts shall be regarded as surplusage. Chair Board of Directors of County Sanitation District No.11 of Orange County,California Secretary,~/~r(/f Directors of County San’ftatib.t~District No.11 of Orange County,California J:\WPDOC\BS\FORMS\96\FO1-02.D1 1 I certify that those portions of the minutes of the combined regular adjourned meeting of the County Sanitation Districts of Orange County,California,on February 14,1996,reporting the actions of District No.13 are a true and correct report of the minutes of said District and that the additional matter reported showing the actions of the other Districts shall be regarded as surplusage. Secretary,~qar’d/çif Directors of County Sar~it’ati6.z~(District No.13 of Orange County,California Chair Board of Directccrs of County Sanitation District No.13 of Orange County,California J:\WPDOC\BS\FORMS\96\FO1 -02.D1 3 I certify that those portions of the minutes of the combined regular adjourned meeting of the County Sanitation Districts of Orange County,California,on February 14,1996,reporting the actions of District No.14 are a true and correct report of the minutes of said District and that the additional matter reported showing the actions of the other Districts shall be regarded as surplusage. Chair ~—‘ Board of Directors of County Sanitation District No.14 of Orange County,California Secretary,ard Directors of County Sani ation District No.14 of Orange County,California J:\WPDOC\BS\FORMS\96\FO 1 -02.D14 STATE OF CALIFORNIA) )SS. COUNTY OF ORANGE ) Pursuant to California Government Code Section 54954.2,I hereby certify that the Notice and Agenda for the Adjourned Regular Board Meeting of Districts Nos.1,2, 3,5,6,7,11,13 and 14 held on February 14,1996,was duly posted for public inspection in the main lobby of the Districts’offices on February 8,1996. IN WITNESS WHEREOF,I have hereunto set my hand this 14th day of February,1996. Penny Kyle,§eçtretary’~X each of the Boards of Dirè~tors ~L~ounty Sanitation Districts Nos.1,2,3,5,6,7,11,13 &14 of Orange County,California J:\WPDOC\BS\FORMS~96\F27B.O1