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HomeMy WebLinkAbout09-27-2000 Board MinutesOrange County Sanitation District MINUTES BOARD MEETING SEPTEMBER 27, 2000 ADMINISTRATIVE OFFICES 10844 ELLIS AVENUE FOUNTAIN VALLEY, CALIFORNIA 92708-7018 Minutes for Board Meeting Page2 09/27/00 ROLL CALL A regular meeting of the Board of Directors of the Orange County Sanitation District, was held on September 27, 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 Norman Z. Eckenrode, Chair Michael L. Maertzweiler x Peter Green, Vice Chair Dave Garofalo x Steve Anderson Steve Simonian x Don Bankhead Jan Flory A Shawn Boyd John Larson x Guy Carrozzo Larry Crandall x Jan Debay Tom Thomson A Lynn Daucher Roy Moore x Brian Donahue Harry Dotson x James M. Ferryman Arthur Perry x John M. Gullixson Ken Ryan x Mark Leyes Bruce Broadwater x Shirley McCracken Tom Daly x Pat McGuigan Thomas E. Lutz x Mark A. Murphy Mike Spurgeon Joy Neugebauer x James Evans x Russell Patterson Richard A. Freschi Anna L. Piercy x Tim Keenan x Thomas R. Saltarelli Jim Potts A Christina Shea Greg Smith x Jerry Sigler Jack Mauller x Jim Silva Chuck Smith x Peer Swan Darryl Miller x Charles E. Sylvia Art DeBolt x Paul Walker Kenneth Blake STAFF MEMBERS PRESENT: Blake Anderson, General Manager; Penny Kyle, Board Secretary; Bob Ghirelli; Lisa Lawson; Dave Ludwin; Patrick Miles; Bob Ooten; Lisa Tomko; Gary Streed; Ed Torres; Mike Moore; Jim Herberg; Tom Meregillano; Ryal Wheeler OTHERS PRESENT: Tom Nixon, General Counsel; Don Hughes; Dr. Stan Hirsch; Art Perry; Terry Lane Minutes for Board Meeting Page 3 09/27/00 REPORT OF THE CHAIR It was announced that the OMTS Committee would not meet in October. Its next regularly scheduled meeting will be November 181 at4:00 p.m. Chair Eckenrode reported on his trip to Washington, DC for the signing of a memorandum of understanding (MOU) for participation in the Santa Ana River Watershed Group efforts. This MOU will assist in securing matching federal funding for infrastructure needs in the watershed. It was also announced that the District has been awarded the Environmental Protection Agency's 2000 National Silver Award for the District's industrial pretreatment program. The award will be formally presented at the Water Environment Federation convention in October. Chair Eckenrode also reminded Directors of two workshops being held for the Groundwater Replenishment System (GWRS) project at the Orange County Water District on Saturday, October 7, 2000 and Saturday, December 2, 2000. Both meetings will be at 8:00 a.m., and will be jointly attended by OCWD and OCSD Directors. Staff is planning to hold an orientation workshop for new Directors in December or January, so that a newly-appointed member has time to learn about the GWRS project before the project "go-no go" decision is made at the January 24, 2001 Board meeting. Chair Eckenrode then recognized Director Pat McGuigan, who reported that she attended the Capacity Maintenance, Operation and Management (CMOM) of City owned Local Sewers workshop held in Garden Grove on September 20. Cities with aging sewer systems could be overwhelmed with the fines that will be imposed for sewer spills. She recommended that a presentation on this subject be made to all Board members because the impacts could be staggering and cities should begin this planning effort now and work cooperatively with all agencies involved. Mr. Anderson reported that staff is preparing a white paper that will be presented to the working committees and will serve as the basis for the District's outreach program with city managers. He stated that it is unclear when the draft regulations will appear in the Federal Register. CASA and AMSA will be closely monitoring this REPORTOFTHEGENERALMANAGER The General Manager had no report. REPORT OF THE GENERAL COUNSEL Counsel Tom Nixon reported that a day-long court hearing was held on August 30 concerning the Kern County Biosolids Ordinance/CEQA process. The judge advised that he would be taking the matter under submission. In such instance, the court is customarily required to render a decision within 120 days of the hearing. Mr. Nixon indicated that the Montrose trial is scheduled to begin October 3, 2000. The District will not be a participant. Minutes for Board Meeting Page4 09/27/00 Mr. Nixon also indicated a need to add one additional item to the closed session, which needed immediate attention that arose subsequent to the publication of the Agenda, to wit: a settlement offer with regards to a worker's compensation claim filed by District employee Larry Mclemore. He reported that an additional item could be added pursuant to Government Code Section 54954.2(b) upon a two-thirds' vote of the Board. No other item would be discussed or acted upon. A motion was made, seconded and duly carried to add Agenda Item No. 16(a)(3) to authorize discussion and consideration of the following item which arose subsequent to the posting of the Agenda and which requires action at this time, to wit: Larry Mclemore v. Orange County Sanitation District, WCAB Nos. LAO 763673; 675 (Government Code Section 54956.9). APPROVAL OF MINUTES The Chair ordered that the minutes of the regular meeting held August 23, 2000 be deemed approved, as mailed. RATIFICATION 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: ALL DISTRICTS 08/15/00 08/31/00 Totals $11,075,062.11 $8,497,759.25 Director Patterson abstained on Warrant Nos. 29506 and 29507. 9. a. CONSENT CALENDAR MOVED, SECONDED AND DULY CARRIED: Approve Change Order No. 1 to Purchase Order No. 100481 issued to Vulcan Performance Chemicals, Inc. for Purchase of Hydrogen Peroxide (Specification No. 9900-02), for an additional amount not to exceed $185,000, for a total amount not to exceed $940,500. b. MOVED, SECONDED AND DULY CARRIED: Approve the reappropriation of $367,500 from the 1999-2000 CORF Equipment Budget to the 2000-01 CORF Equipment Budget to purchase vehicles in the amount of $367,500. c. MOVED, SECONDED AND DULY CARRIED: (1) Approve Utility Agreement No.12-UT-696 with the State of California Department of Transportation (Caltrans) to adjust seventy (70) manhole covers on Imperial Highway, from Beach Boulevard to Harbor Boulevard, and from Randolph Avenue to Rose Drive, for an amount not to exceed $21,000; and (2) Establish a budget of $28,000 for this project with Caltrans. d. MOVED, SECONDED AND DULY CARRIED: (1) Receive and file petition from Paul Schley requesting annexation of 1.013 acres of territory to the Orange County Sanitation District in the vicinity of Randall Street and Meads Avenue in the unincorporated area of Orange Park Acres; and (2) Adopt Resolution No. OCSD 00-20, authorizing initiation of proceedings to annex said territory to the Minutes for Board Meeting Pages 09/27/00 Orange County Sanitation District (Proposed Annexation No. OCSD-9 -Schley Annexation). e. MOVED, SECONDED AND DULY CARRIED: Authorize the General Manager to execute a quitclaim deed for a 17-foot wide sewer easement to Frederick and Audrie Huang, in a form acceptable to General Counsel. f. MOVED, SECONDED AND DULY CARRIED: Adopt Resolution No. OCSD 00-21, Adopting the District's 2000 Conflict of Interest Code, and Repealing Resolution No. OCSD 98-05. NON-CONSENT CALENDAR 11. DRAFT STEERING COMMITIEE MINUTES: A verbal report was presented by Director Eckenrode, Chair of the Steering Committee, re the September 27, 2000 meeting. The Chair then ordered the draft Steering Committee Minutes for the meeting held on August 23, 2000 to be filed. 12. DRAFT OPERATIONS, MAINTENANCE AND TECHNICAL SERVICES COMMITTEE MINUTES: A verbal report was presented by Director Pat McGuigan, Chair of the Operations, Maintenance and Technical Services re the September 11, 2000 meeting. The Chair then ordered the draft Operations, Maintenance and Technical Services Committee Minutes for the meeting held on September 11, 2000 to be filed. c. MOVED, SECONDED AND DULY CARRIED: Adopt Resolution No. OCSD 00-22, Establishing a Dry Weather Urban Runoff Policy that incorporates the recommendations of the Ad Hoc Committee re Urban runoff Diversion Permit and Financing, and repeal Resolution No. OCSD 00-04. 13. DRAFT PLANNING, DESIGN AND CONSTRUCTION COMMITIEE MINUTES: The Chair ordered the draft Planning, Design and Construction Committee Minutes for the Meeting held September 14, 2000 to be filed. 14. DRAFT FINANCE, ADMINISTRATION AND HUMAN RESOURCES COMMITIEE MINUTES: A verbal report was presented by Director Tom Saltarelli, Chair of Finance, Administration and Human Resources Committee re the September 13, 2000 and September 21, 2000 meetings, summarizing the actions taken and referring to the draft minutes of the meetings. The Chair then ordered the draft Finance, Administration and Human Resources Committee Minutes for the Meetings held September 13, 2000 and September 21, 2000 to be filed. c. MOVED, SECONDED AND DULY CARRIED: Receive and file Treasurer's Report for the month of August 2000. Minutes for Board Meeting Page6 09/27/00 d. MOVED, SECONDED AND DULY CARRIED: Receive and file Quarterly Investment Management Program Report for the period April 1, 2000 through June 30, 2000. e. MOVED, SECONDED AND DULY CARRIED: Authorize the Contracts/Purchasing Manager to transition the procurement card program from the pilot phase to a permanent full-scale program. f. MOVED, SECONDED AND DULY CARRIED: Authorize the General Manager to solicit proposals and award a Consultant Services Agreement for a District-wide compensation and classification study (Specification No. P-192) in an amount not to exceed $120,000. g. MOVED, SECONDED AND DULY CARRIED: Adopt Resolution No. OCSD 00-23, Amending Resolution No. OCSD 98-33, Amending Human Resources and Policies Procedures Manual, providing for: (1) Create Communications Services Manager classification at pay range E13 ($67,128 -$94,932); and (2) Create HRIS Analyst classification at pay range ES ($45,396 -$64,212). h. MOVED, SECONDED AND DULY CARRIED: Adopt Resolution No. OCSD 00-24, Directing the County Tax Collector to Include Sanitary Sewer Service Charges on the 2000-01 Property Tax Bills, and Repealing Resolution No. OCSD 99-11. Director Gullixson opposed. 15. DRAFT JOINT GROUNDWATER REPLENISHMENT SYSTEM COOPERATIVE COMMITIEE MINUTES: A verbal report was presented by Director Jan Debay, representative on the Joint Groundwater Replenishment System Cooperative Committee re the meeting held on September 18, 2000. The Chair then ordered the draft Joint Groundwater Replenishment System Cooperative Committee Minutes for the meeting held on August 21, 2000 to be filed. c. MOVED, SECONDED AND DULY CARRIED: Approve Addendum No. 1 to the Professional Services Agreement with Separation Processes, Inc. for Groundwater Replenishment System, Job No. J-36, to document the results of demonstration testing of microfilters for an additional amount of $42,600, increasing the total amount not to exceed $445,880, with Orange County Sanitation District and Orange County Water District having equal shares in the additional amount of $21,300. d. MOVED, SECONDED AND DULY CARRIED: Approve Addendum No. 2 to the Professional Services Agreement with NCG Porter Novelli for Groundwater Replenishment System, Job No. J-36, expanding the public information program for an additional amount of $100,000, increasing the total amount not to exceed $375,895, with Orange County Sanitation District and Orange County Water District having equal shares in the additional amount of $50,000. Minutes for Board Meeting Page? 09/27/00 16. CONVENE IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54956.9: The Board convened in closed session at 7:56 p.m., pursuant to Government Code Section 54956.9, to discuss Agenda Item No. 16 (a)(3). 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. A report of the action taken will be reported at the time the approved action becomes final. The Board did not consider Agenda Items Nos. 16(a)(1) and (2), and no report was given. RECONVENE IN REGULAR SESSION: At 8:03 p.m., the Board reconvened in regular session. 18. Director Peer Swan addressed the Directors stating he was disappointed by the language contained in the Resolution of Commendation presented to him at the August 23, 2000 Board meeting recognizing him for his role as Vice Chair of the Board. He, therefore, refused to accept the commendation and returned the document to staff. ADJOURNMENT: The Chair declared the meeting adjourned at 8:07 p.m. H:\wp.dta\agenda\Board Minutes\2000 Board Minutes\092700.doc