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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 Page 2 01/23/02 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 Minutes for Board Meeting Page 3 01/23/02 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. Minutes for Board Meeting Page 4 01/23/02 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 Minutes for Board Meeting Page 5 01/23/02 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, Minutes for Board Meeting Page 6 01/23/02 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. Minutes for Board Meeting Page 7 01/23/02 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. G :\wp .dta\admin\BS\Minutes\012302 draft minutes .doc