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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 Page2 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 Page3 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. Minutes for Board Meeting 01/26/00 Page4 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 Pages 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. Minutes for Board Meeting 01/26/00 Page6 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. Minutes for Board Meeting 01/26/00 Page 7 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 \lradon\data1 \wp.dta\agenda\Board Minutes\2000 Board Minutes\012600.doc