HomeMy WebLinkAbout01-23-2002 Board MinutesOrange County Sanitation District
MINUTES
BOARD MEETING
JANUARY 23, 2002
ADMINISTRATIVE OFFICES
10844 ELLIS AVENUE
FOUNTAIN VALLEY, CALIFORNIA 92708-7018
Minutes for Board Meeting
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ROLL CALL
A regular meeting of the Board of Directors of the Orange County Sanitation District, was
held on January 23, 2002, 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 Constance Underhill
x Shirley McCracken, Vice Chair Tom Daly
x Mike Alvarez Mark A. Murphy
x Steve Anderson Steve Simonian
x Don Bankhead Jan Flory
x Shawn Boyd John Larson
x Brian Brady Darryl Miller
x Debbie Cook Connie Boardman
x Laurann Cook Larry Crandall
A Brian Donahue David Shawver
x James M. Ferryman Arlene Schafer
A John M. Gullixson Michael Duvall
x Alice B. Jempsa Arthur DeBolt
x Tony Kawashima Tracy Worley
x Beth Krom Greg Smith
x Mark Leyes Bruce Broadwater
x Pat McGuigan Alberta Christy
x Roy Moore Marty Simonoff
x Joy Neugebauer Grace Epperson
x Russell Patterson Richard A. Freschi
x Anna L. Piercy Tim Keenan
x Tod Ridgeway Gary Adams
x Jerry Sigler Jim Dow
A Jim Silva Chuck Smith
x Paul Walker Kenneth Blake
STAFF MEMBERS PRESENT: Blake P. Anderson, General Manager; Penny Kyle, Board
Secretary; Bob Ghirelli; Dave Ludwin; Greg Mathews; Patrick Miles; Lisa Murphy; Bob Ooten;
Gary Streed; Lisa Tomko; Mike Moore; Juanita Skillman
OTHERS PRESENT: Thomas L. Woodruff, General Counsel; Alternate Director Alberta Christy;
Irwin Haydock; Jan Vandersloot; Terry Lane; Larry Porter; Randy Fuhrman; Joey Racano;
Dennis Baker; Doug Korthoff; Don McGee; Chris Hillman; Art Perry; Curtis Zvodny; Paul
Skager; David Wielenga
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3. 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 Laurann Cook* Larry R. Crandall
La Palma Paul Walker* Kenneth Blake
Newport Beach Tod Ridgeway* Gary Adams
Placentia Norman Z. Eckenrode Constance Underhill
Stanton Brian Donahue* David Shawver
Midway City
Sanitary District Joy L. Neugebauer Grace Epperson
5. NOMINATIONS AND ELECTION OF VICE CHAIR
The Chair announced that the office of Vice Chair had been vacated by a change in Board
representation and that election of a new Vice Chair would, therefore, be in order.
It was then moved: That Directors Shirley McCracken and Brian Brady be nominated as
candidates for the office of Vice Chair. There being no other nominations, a motion was made,
seconded and duly carried to close nominations. The vote was then polled by written ballot,
following which the Board Secretary announced that Director McCracken had been elected Vice
Chair by a vote of 14/8.
PUBLIC COMMENTS
The following persons spoke about ocean discharge issues and expressed their opposition to
the waiver: Doug Korthoff; Irwin Haydock; Curtis Zvodny; Larry Porter; Jan Vandersloot; Don
McGee; Joey Racano; Chris Hillman.
REPORT OF THE CHAIR
Chair Eckenrode reported that he and Director Silva attended the CASA Conference held
January 16-191h in Palm Springs. He recommended the Directors to attend the next CASA
conference which would be held April 30 1h-May 3rd at Yosemite.
Mr. Eckenrode also reported on a meeting held on January 22nd at Irvine Ranch Water District
(IRWD) with Wayne Nestri, the new EPA Region IX administrator. This meeting offered an
opportunity to discuss issues of importance to local agencies. Participants included
representatives from the Orange County Water District, IRWD and the County of Orange.
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It was announced that committee appointments were being reviewed and announcements of
assignments would be made soon.
Chair Eckenrode reminded the Directors that if they left the Board Room during the meeting for
conflict of interest or similar purposes during a vote, they must notify the Board Secretary or
other minute taker that their action should be reflected in the minutes. Otherwise, temporarily
leaving the room will not be noted in the minutes.
REPORT OF THE GENERAL MANAGER
The Directors were presented with the District's new public information video that would be used
as a tool for the speakers' bureau. Every Director and council member would be receiving
copies of the video, as well as cable television stations, city managers and public libraries. The
Directors requested some of the language be re-stated regarding the method of how the
Directors become members of the Board and projected costs should the District go to full
secondary treatment of its effluent. Directors also requested that the video, when modified, be
given to local colleges.
REPORT OF THE GENERAL COUNSEL
General Counsel Thomas L. Woodruff reported on the County of Orange assessment appeals
case that could have adverse financial impacts to local cities, agencies and special districts.
The lawsuit is the result of the Assessment Appeals Board ruling in favor of a property owner
over a $100 assessment/tax bill, whereby the County saw fit to sue which in turn gave the
property owner the opportunity to cross-complain. The cross-complaint is for declaratory relief
and includes a petition to turn it into a class action lawsuit. This has the potential to develop into
a few hundred thousand plaintiffs to the lawsuit involving millions of dollars. The Board of
Supervisors recently decided that it was not going to take any legal action to appeal or to file a
Writ with the Court of Appeal, but the County Assessor could if he chose to. Mr. Woodruff
stated he would keep the Directors apprised on the issue as it continues to develop.
APPROVAL OF MINUTES
The Chair ordered that the minutes of the regular meeting held December 19, 2001 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.
ALL DISTRICTS 12/15/01 12/31/01
Totals $5,896,761.03 $6, 196,694.66
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Director Boyd abstained on Warrant No. 40845. Director Leyes abstained on Warrant Nos.
40622 and 40994. Director Patterson abstained on Warrant No. 40732. Directors Debbie Cook
and Laurann Cook abstained.
10. a.
CONSENT CALENDAR
MOVED, SECONDED AND DULY CARRIED: Approve a second time extension
of six months for Cooperative Projects Program Contract No. CP-0020, with the
City of Seal Beach.
b. MOVED, SECONDED AND DULY CARRIED: (1) Receive and file petition from
Vahe Hovnanian requesting annexation of 0.577 acres to the District in the
vicinity of Highcliff Drive and Miramar Circle in the unincorporated area of Orange
County; and (2) Adopt Resolution No. OCSD 02-01, authorizing initiation of
proceedings to annex said territory to the District (Proposed Annexation No.
OCSD-23 -Hovnanian Annexation).
c. MOVED, SECONDED AND DULY CARRIED: Approve agreement for
reimbursement with the Orange County Flood Control District (OCFCD) providing
for payment of $75,000 to OCFCD as a deposit for Protection of Newland Street
Interceptor Sewer, Contract No. 11-14, in conjunction with OCFCD's
improvements to the Huntington Beach Channel from Magnolia Street to
Newland Avenue.
NON-CONSENT CALENDAR
12. DRAFT STEERING COMMITTEE MINUTES: A verbal report was presented by Director
Eckenrode, Chair of the Steering Committee, re the January 23, 2002 meeting.
The Chair then ordered the draft Steering Committee Minutes for the meeting held on
November 28, 2001 to be filed.
13. DRAFT FINANCE, ADMINISTRATION AND HUMAN RESOURCES COMMITTEE
MINUTES: A verbal report was presented by Director McCracken, Chair of the Finance,
Administration and Human Resources Committee, re the January 9, 2002 meeting.
The Chair then ordered the draft Finance, Administration and Human Resources
Committee Minutes for the meeting held on January 9, 2002 to be filed.
c. MOVED, SECONDED AND DULY CARRIED: Receive and file Treasurer's
Report for the month of December 2001.
d. MOVED, SECONDED AND DULY CARRIED: Adopt Resolution No. OCSD 02-
02, A Resolution of the Board of Directors of Orange County Sanitation District
Adopting Policies and Procedures for District's Records Management Program,
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Records Retention, and Destruction of Obsolete Records, and Repealing
Resolution No. OCSD 00-26
14. MOVED, SECONDED AND DULY CARRIED: Ratify use of General Manager's
emergency purchasing authority, Resolution No. OCSD 99-23, for Purchase Order No.
30319, issued to Matrix Engineering Services, for a total amount not to exceed
$200,000; and Purchase Order No. 31251 issued to Techno Coatings for a total amount
not to exceed $130,000, for Emergency Repair of the Low Pressure Digester Gas Holder
Tank at Treatment Plant No. 2, for a total amount not to exceed $330,000; and,
FURTHER MOVED, SECONDED AND DULY CARRIED: The motion be amended to
include authorizing issuance of Change Order No. 1 to Purchase Order No. 30319,
issued to Matrix Engineering Services, for an additional amount of $80,000, for
additional repairs, and authorize issuance of Change Order No. 1 to Purchase Order No.
31251 issued to Techno Coatings for an additional amount of $20,000, for a total amount
for the emergency repairs not to exceed $430,000.
15. Blake Anderson, General Manager, gave a slide presentation reviewing the issues
related to urban runoff diversion, and the arguments and advantages of expanding the
current charter for the District.
The Directors then entered into discussion on the benefits and liability of expanding the
charter.
MOVED, SECONDED AND DULY CARRIED: Authorize the General Counsel to prepare
draft legislation to expand the agency's charter to include permissive language
authorizing the diversion and management of dry weather urban runoff flows and to
pursue legislation through the California Legislature.
16. DRAFT JOINT GROUNDWATER REPLENISHMENT SYSTEM COOPERATIVE
COMMITTEE MINUTES: A verbal report was presented by Director Patterson,
representative on the Joint Groundwater Replenishment System Cooperative
Committee, re the meeting held on January 14, 2002.
The Chair ordered the Joint Groundwater Replenishment System Cooperative
Committee Minutes for the meeting held on December 10, 2001 to be filed.
c. MOVED, SECONDED AND DULY CARRIED: (1) Find that pursuant to California
Environment Quality Act Guidelines Section 15164, that some minor changes or
additions to the Environmental Impact Report/Environmental Impact Statement
(EIR/EIS) on the Groundwater Replenishment System certified in March 1999,
are necessary, but none of the conditions described in Public Resources Code
Section 21166 and/or in Section 15162 have occurred that would require the
preparation of a Subsequent Environmental Impact Report or Negative
Declaration; and (2) Approve Addendum No. 2 to the EIR/EIS prepared by
Environmental Science Associates.
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17. CONVENE IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS
54956.9 and 54956.9(c): The Board convened in closed session at 9 :01 p.m., pursuant
to Government Code Sections 54957.6 and 54956.9(c), to discuss Agenda Item Nos. 17
(a)(1 ), (2) and (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. No reportable action was taken re
Agenda Item Nos . 17(a)(1) and (3). A report of the action taken will be publicly reported
at the time the approved action becomes final re Agenda Item No. 17(a)(2).
RECONVENE IN REGULAR SESSION : At 9:30 p.m., the Board reconvened in regular
session .
ADJOURNMENT: The Chair declared the meeting adjourned at 9:30 p.m.
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