HomeMy WebLinkAbout01-26-2000 Board MinutesOrange County Sanitation District
MINUTES (Corrected)
BOARD MEETING
JANUARY 26, 2000
ADMINISTRATIVE OFFICES
10844 ELLIS AVENUE
FOUNTAIN VALLEY, CALIFORNIA 92708-7018
Minutes for Board Meeting
01/26/00
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ROLL CALL
A regular meeting of the Board of Directors of the Orange County Sanitation District, was
held on January 26, 2000, at 7:00 p.m., in the District's Administrative Offices. Following the
Pledge of Allegiance and invocation the roll was called and the Secretary reported a quorum
present as follows:
ACTIVE DIRECTORS ALTERNATE DIRECTORS
x Jan Debay, Chair Tom Thomson
x Peer Swan, Vice Chair Darryl Miller
x Steve Anderson Steve Simonian
x Don Bankhead Jan Flory
x Shawn Boyd Paul Snow
x Guy Carrozza Larry Crandall
x Lynn Daucher Roy Moore
A Brian Donahue Harry Dotson
x Norman Z. Eckenrode Constance Underhill
x James M. Ferryman Arthur Perry
Peter Green x Dave Garofalo
A John M. Gullixson Mark Schwing
x Mark Leyes Bruce Broadwater
x Shirley McCracken Tom Daly
x Pat McGuigan Thomas E. Lutz
x Mark A. Murphy Mike Spurgeon
x Joy Neugebauer James V. Evans
A Russell Patterson Richard A. Freschi
x Anna L. Piercy Tim Keenan
x Thomas R. Saltarelli Jim Potts
x Christina Shea Greg Smith
x Jerry Sigler Jack Mauller
A Jim Silva Chuck Smith
x Charles E. Sylvia Ron Bates
Paul Walker x Kenneth Blake
STAFF MEMBERS PRESENT: Don Mcintyre, General Manager; Blake Anderson, Assistant
General Manager; Penny Kyle, Board Secretary; Bob Ghirelli; Dave Ludwin; Patrick Miles; Bob
Ooten; Lisa Tomko; Gary Streed; Michelle Tuchman; Dawn McKinley; Mike Moore; Chuck
Winsor; Catheirine Biele; Paula Zeller; Roy English; Ellen Ray; Glen Davidson; Mark T. Mutz;
Tim Laughlin; Allan Dumlao; Mike Wilson; Kent C. Nelson
OTHERS PRESENT: Tom Woodruff, General Counsel; John Collins; Tom Dawes; JoEllen
Allen; Phil Stone; Mary Lee; Edward Cook; David L. Hamilton; Greg Woodside
Minutes for Board Meeting
01/26/00
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MOVED. SECONDED AND DULY CARRIED: Receive and file minute excerpts from the
following re appointment of active and alternate Directors, as follows: (*Mayor)
City/ Agency Active Director Alternate Director
Fountain Valley Guy Carrozzo* Larry Crandall
La Palma Paul F. Walker Kenneth A. Blake
Newport Beach Jan Debay Tom Thomson
Santa Ana Pat McGuigan Tom E. Lutz
Stanton Brian Donahue Harry Dotson
Costa Mesa
Sanitary District James Ferryman Arthur Perry
Midway City
Sanitary District Joy L. Neugebauer Margie L. Rice
PUBLIC COMMENTS
Dr. JoEllen Allen, Director of Public Affairs, Southern Region for Southern California Edison,
spoke to the Directors requesting them to consider becoming members of the WaterPower
Coalition, at no cost to the District. The coalition has been formed to address regulatory issues
for the licensing of hydropower projects. The Chair referred Dr. Allen's request to the next
meeting of the Finance, Administration and Human Resources Committee.
RESOLUTION OF COMMENDATION
MOVED, SECONDED AND DULY CARRIED: That the Board of Directors adopt a Resolution of
Commendation expressing appreciation to outgoing Director John Collins for his contribution
and dedication to public service upon his retirement from the District.
REPORT OF THE CHAIR
Chair Debay announced that Peer Swan has been appointed the District's representative to the
Council of Governments (COG), and Shawn Boyd is the alternate.
It was announced that the OMTS Committee Meeting had been cancelled for February, but all
other committees would meet as usual. Chair Debay also announced that one Director would
be invited every month to attend the Steering Committee meeting as an introduction to how staff
and committee members work together on various policy issues. Shawn Boyd was invited for
January, Jim Ferryman for February and Brian Donohue for March.
REPORTOFTHEGENERALMANAGER
The General Manager reported on the cooperative projects meeting to be held on January 31
regarding inflow and infiltration. Thirty-three people were expected to attend this meeting.
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REPORTOFTHEGENERALCOUNSEL
General Counsel reported on recent legislation introduced requiring mandatory penalties for
violations of permits. This legislation would have an adverse impact on public agencies.
APPROVAL OF MINUTES
There being no corrections or amendments to the minutes of the regular meeting held
December 15, 1999, the Chair ordered that said minutes be deemed approved, as mailed.
RA Tl FICA TION OF PAYMENT OF CLAIMS
MOVED, SECONDED AND DULY CARRIED: Ratify payment of claims set forth on exhibits "A"
and "B", attached hereto and made a part of these minutes, and summarized below:
9.
ALL DISTRICTS 12/15/99 12/31/99
Totals
a.
$7,353,083.20 $4,324,611.57
CONSENT CALENDAR
MOVED, SECONDED AND DULY CARRIED: Supporting the passage of
legislation authorizing the adjustment of Directors' compensation in the same
manner as presently authorized for Water Districts and similar agencies.
Directors Steve Anderson, Lynn Daucher, Mark Leyes and Mark Murphy
opposed.
NON-CONSENT CALENDAR
11. DRAFT STEERING COMMITIEE MINUTES: A verbal report was presented by Director
Jan Debay, Chair of Steering Committee, re the January 26, 2000 meeting.
The Chair then ordered the draft Steering Committee Minutes for the meetings held on
December 15, 1999 and January 12, 2000 to be filed.
RESOLUTION OF SUPPORT
MOVED, SECONDED AND DULY CARRIED: That the Board of Directors adopt Resolution
No. 00-01, Supporting Proposition 13 (Assembly Bill 1584), The Safe Drinking Water, Clean
Water, Watershed Protection and Flood Protection Act.
Director Mark Leyes requested the minutes to reflect he was out of the room at the time this
motion was voted and approved.
12. DRAFT FINANCE, ADMINISTRATION AND HUMAN RESOURCES COMMITIEE
MINUTES: A verbal report was presented by Director Tom Saltarelli, Chair of the
Finance, Administration and Human Resources Committee, re the January 12, 2000
meeting, summarizing the actions taken and referring to the draft minutes of the
meeting.
Minutes for Board Meeting
01/26/00
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The Chair then ordered the draft Finance, Administration and Human Resources
Committee Minutes for the meeting held January 12, 2000 to be filed.
c. MOVED, SECONDED AND DULY CARRIED: Receive and file Treasurer's
Report for the month of December 1999.
d. MOVED, SECONDED AND DULY CARRIED: Consider annexation and capital
facilities capacity charges as due and payable at the time of the July 1, 1967
Agreement between County Sanitation District No. 3 of Orange County and the
City of Brea, and approve a property tax transfer in connection with the Midbury
Neighborhood Reorganization.
e. MOVED, SECONDED AND DULY CARRIED: Approve participation in a
cooperative project with the City of Huntington Beach and County of Orange for
follow-up studies related to the Huntington Beach closure investigation for an
estimated amount not to exceed $88,633, with the balance to be funded by the
City of Huntington Beach and the County of Orange.
Director Steve Anderson abstained.
f. MOVED, SECONDED AND DULY CARRIED: Authorize the Director of Finance
to execute the December 20, 1999 Letter of Consent for assignment of the
September 1, 1995 Investment Management Agreement from PIMCO, a
Delaware general partnership, to PIMCO, a Delaware limited liability company
and indirect subsidiary of Allianz AG.
Director Peer Swan abstained.
g. MOVED, SECONDED AND DULY CARRIED: Approve Consultant Agreement
with Ictus Consulting, LLC for development of a District-Wide Records
Management Program, Specification No. 9900-06, for an amount not to exceed
$208,230.
13. DRAFT JOINT GROUNDWATER REPLENISHMENT SYSTEM COOPERATIVE
COMMITTEE MINUTES: A verbal report was presented by Director Norm Eckenrode,
Vice Chair of the Joint Groundwater Replenishment System Cooperative Committee.
The Chair then ordered the Joint Groundwater Replenishment System Cooperative
Committee Minutes for the meetings held on December 21, 1999 and January 17, 2000,
to be filed.
c. MOVED, SECONDED AND DULY CARRIED: Approve Addendum No. 1 to the
Professional Services Agreement with Nelson Communications Group for
Groundwater Replenishment System, Job No. J-36, adding a public health
element to the existing public information program for an additional amount of
$71,000, increasing the total amount not to exceed $275,895, with Orange
County Sanitation District and Orange County Water District having equal shares
in the additional amount of $35,500.
Director Mark Leyes opposed.
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14. MOVED, SECONDED AND DULY CARRIED: Amend Cooperative Projects Agreement
with City of Huntington Beach, Contract CP-9915, to increase the total quantity of
sewers to be rehabilitated from 20,465 linear feet to 49,465 linear feet, with no change in
the District's funding contribution.
15. MOVED, SECONDED AND DULY CARRIED: Approve Reimbursement Agreement with
the Orange County Flood Control District for Replacement of Miller Holder Trunk Sewer
Siphon, Contract No. 3-2-1, for a total amount not to exceed $977,500.
16. MOVED, SECONDED AND DULY CARRIED: Award Service Contract to OCB
Reprographics for Blueprinting, Photocopying and Related Services, Specification No.
9900-05, for an amount not to exceed $100,000.
17. Edward Cook, representing South Coast Metro Center, spoke to the Directors regarding
the easement within the proposed development (See Agenda Item 18(a)(6)).
18. General Counsel reported a need for a closed session, as authorized by Government
Code Sections 54956.9, 54956.8, 54957.6 and 54957, to consider those items listed on
the agenda as Item Nos. 18(a)(1), (2), (3), (4), (5), (6), (7) and (8).
CONVENE IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS
54956.8, 54956.9. 54957.6 and 54957: The Board convened in closed session at 8:39 p.m.,
pursuant to Government Code Sections 54956.8, 54956.9, 54957.6 and 54957. Confidential
Minutes of the Closed Session held by the Board 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.
No reportable actions were taken re Agenda Item No. 18(a)(1). A report of actions taken will be
publicly reported at the time the actions become final re Agenda Item Nos. 18(a)(3) and (5).
RECONVENE IN REGULAR SESSION: At 10:02 p.m., the Board reconvened in regular
session.
18. a. 2. MOVED, SECONDED AND DULY CARRIED: That the matter of Burge,
et. al v. Orange County Sanitation District, et. al, Orange County Superior
Court Case No. 800278, has been settled, and a full and complete
dismissal filed as to defendants, Orange County Sanitation District and
Confidential Management Services, Inc., without contribution or cost by
the District.
4. MOVED, SECONDED AND DULY CARRIED: That the Board of Directors
adopt Resolution No. OCSD 00-02, A Resolution of the Board of Directors
of Orange County Sanitation District Authorizing Certain Actions and
Execution of Documents Relating to the Final Report of the Orange
County Bankruptcy and Related Recovery Litigation.
6: MOVED, SECONDED AND DULY CARRIED: Authorize the General
Manager to execute a Purchase and Sale Agreement of Real Property
interest with BRE/South Coast LLC and McCarthy Cook & Co. -South
Coast Metro LLC or their designee in a form acceptable to General
Counsel and in accordance with conditions and terms approved by the
Board.
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7. MOVED, SECONDED AND DULY CARRIED: That the Board of Directors
approve the Memorandum of Understanding submitted by Management
and Employee Representatives of Orange County Employees Association
re salaries, benefits, and terms of employment, and to ratify approval of
any minor non-economic changes.
8. MOVED, SECONDED AND DULY CARRIED: That the Board of
Directors appoint Blake P. Anderson as General Manager of the Orange
County Sanitation District upon the retirement of current General
Manager Donald F. Mcintyre.
There were three abstentions to the motion.
ADJOURNMENT: The Chair declared the meeting adjourned at 10:02 p.m.
Secretary o
Orange County Sani
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