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HomeMy WebLinkAbout04-26-2000 Board MinutesOrange County Sanitation District MINUTES BOARD MEETING APRIL 26, 2000 ADMINISTRATIVE OFFICES 10844 ELLIS AVENUE FOUNTAIN VALLEY, CALIFORNIA 92708-7018 Minutes for Board Meeting 04126100 Page2 ROLL CALL A regular meeting of the Board of Directors of the Orange County Sanitation District, was held on April 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 A Jan Debay, Chair Tom Thomson Peer Swan, Vice Chair x Darryl Miller x Steve Anderson Steve Simonian x Don Bankhead Jan Flory x Shawn Boyd Paul Snow x Guy Carrozzo Larry Crandall x Lynn Daucher Roy Moore A Brian Donahue Harry Dotson x Norman Z. Eckenrode Michael L. Maertzweiler x James M. Ferryman Arthur Perry x Peter Green Dave Garofalo x 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 Margie L. Rice x Russell Patterson Richard A. Freschi A Anna L. Piercy Tim Keenan x Thomas R. Saltarelli Jim Potts x Christina Shea Greg Smith x Jerry Sigler Jack Mauller x Jim Silva Chuck Smith x Charles E. Sylvia Ron Bates x Paul Walker 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; Mike Moore; Mark Esquer; Catherine Biele; Paula Zeller; Kent C. Nelson; Jim Elo; Emilio Ariston OTHERS PRESENT: Thomas L. Woodruff, General Counsel; Ralph Bauer; Nancy Donaven; Sandra L. Genis; Phil Stone; Terry Lane; James Thurber; Walid Koram Minutes for Board Meeting 04126100 Page3 APPOINTMENT OF CHAIR PRO TEM In the absence of the Chair and Vice Chair, a motion was made, seconded and adopted unanimously to appoint Director Pat McGuigan as Chair pro tern. PUBLIC COMMENTS Emilio Ariston, a District's employee, handed out a written statement addressed to the Board and spoke to the Directors by reading the letter. He stated his objection to the staff and management handling of a "grievance" he had filed against the District on December 28, 1999. The letter, with attachments, were made part of the record of this meeting. The basic issue concerned a problem-solving action and not a grievance as defined in the District's Human Resources policies. As a non-agenda item, no action was taken. REPORT OF THE CHAIR Chair pro tern McGuigan recognized Ralph Bauer, councilmember of the City of Huntington Beach. Mr. Bauer informed the Directors that Chair Jan Debay, while attending a meeting of SCAG in Los Angeles today, became ill and was transported to a hospital in the area. Chair Debay was resting comfortably and would be transported to Hoag Hospital in Newport Beach the following day. Director McGuigan referred the Directors to a supplemental agenda item that was placed in the meeting folders, as well as a letter from the City of Garden Grove in opposition of rate consolidation. It was then announced that the OMTS Committee members would be meeting in the lobby of the administration building on May 3rd and take a walking tour of the District's Laboratory prior to the meeting. The PDC Committee members will meet at Plant 2 in Huntington Beach on May 4th for a tour of several proposed projects prior to their meeting. The District received an award from the California Water Environment Association's (CWEA) Engineering and Research Committee. They selected the District's "Peak Flow Management Plan" as the 1999 Best Engineering Wastewater Project in the State of California. Staff members Jim Herberg, Larry Kraemer, Mark Esquer, Ron Wade, Jim Elo, Angie Anderson and Dan Tunnicliff were recognized for their efforts in the development of this plan, as well as consultants Paul Gustafson of Camp Dresser McGee, Duane Jensen and Walid Karam of Carollo Engineers and Jack Campbell of CPG, Inc. Chair pro tern McGuigan then reported that Chair Debay has appointed Directors Steve Anderson, Russell Patterson and Shawn Boyd as alternate directors to the Joint Groundwater Replenishment System Cooperative Committee. RESOLUTION OF COMMENDATION MOVED, SECONDED AND DULY CARRIED: That the Board of Directors adopt a Resolution of Commendation expressing appreciation to General Manager Donald F. Mcintyre for his contribution and dedication to public service upon his retirement from the District. Minutes for Board Meeting 04126100 Page4 REPORTOFTHEGENERALMANAGER Mr. Mcintyre reported that Supplemental Agenda Item No. (21)(a), (b) and (c), which is the approval of a Memorandum of Understanding with the County of Orange and City of Huntington Beach regarding on-going investigations on the beach closures, was a coordinated effort to address urban run-off and any monies to be spent on the investigations would be brought to the Board for approval. REPORT OF THE GENERAL COUNSEL General Counsel reported that the District received a favorable court ruling regarding a District's employee who, after voluntary termination, requested to return to work. The court ruled that the Human Resources Department followed proper procedures and upheld management's decision to not allow the employee to return. APPROVAL OF MINUTES The Chair ordered that the minutes of the regular meeting held March 22, 2000 is deemed approved, as corrected. 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 03/15/00 $5,300, 788.21 03/31/00 Totals a. $3,946,010.00 CONSENT CALENDAR MOVED, SECONDED AND DULY CARRIED: Authorize the General Manager to execute a quitclaim deed for a 15-foot wide by 213.77-foot long sewer easement to Plantero Drive LLC, a California Limited Liability Company, in a form acceptable to General Counsel. b. MOVED, SECONDED AND DULY CARRIED: Approve Amendment No. 3 to the Cooperative Agreement for Project Planning for the Groundwater Replenishment System with the Orange County Water District, providing for appointment of alternate Directors in lieu of the General Manager to the Joint Cooperative Committee. c. MOVED, SECONDED AND DULY CARRIED: Amend Board Minutes of December 15, 1999 relative to approving a project with Ashbrook Corporation to evaluate a dewatering belt press retrofit unit at no cost to the District, and the subsequent purchase of that unit in FY 2000-01 at an approximate cost of $125,000 contingent upon the achievement of at least a 4% improvement in cake solids. Minutes for Board Meeting 04126100 Page 5 NON-CONSENT CALENDAR 11. DRAFT STEERING COMMITTEE MINUTES: A verbal report was presented by Director Pat McGuigan, Chair pro tern of the Steering Committee, re the April 26, 2000 meeting. The Chair pro tern then ordered the draft Steering Committee Minutes for the meetings held on March 22, 2000 and April 3, 2000 to be filed. c. Item removed from agenda 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 Committee, re the April 5, 2000 meeting, summarizing the actions taken and referring to the draft minutes of the meeting. The Chair then ordered the draft Operations, Maintenance and Technical Services Committee Minutes for the meeting held April 5, 2000 to be filed. c. Garry Brown of the Orange County Coastkeepers, spoke to the Directors in support of the proposed policy. Sandra Genis of the Bolsa Chica Land Trust also spoke to the Directors in support of the policy, and encouraged the Board to consider extending the policy as the District's capacity expands. Directors then entered into a brief discussion regarding procedures, costs, and the protection of the District's NPDES permit. MOVED, SECONDED AND DULY CARRIED: Adopt Resolution No. OCSD 00-04, Establishing Dry Season Urban Runoff Policy. d. MOVED, SECONDED AND DULY CARRIED: Adopt Resolution No. OCSD 00-05, Declaring Support for Biosolids Application, and Repealing Resolution No. OCSD 99-03. 13. DRAFT PLANNING, DESIGN AND CONSTRUCTION COMMITTEE MINUTES: A verbal report was presented by Director Norm Eckenrode, Chair of the Planning, Design and Construction Committee, re the April 6, 2000 meeting, summarizing the actions taken and referring to the draft minutes of the meeting. The Chair then ordered the draft Planning, Design and Construction Committee Minutes for the meeting held April 6, 2000 to be filed. c. MOVED, SECONDED AND DULY CARRIED: (1) Approve a budget amendment increase of $84,931 to Plant 1 Headworks No. 2 Control System Upgrade, Job No. J-31-3, for a total revised project budget of $2, 166,205; (2) Ratify Change Order No. 4 to Plant No. 1 Headworks No. 2 Control System Upgrade, Job No. J-31-3, with Systems Integrated authorizing an addition of $1,034 and 69 calendar days, increasing the total contract amount to $717,866; and (3) Accept Plant No. 1 Headworks No. 2 Control System Upgrade, Job No. J-31-3, with Systems Integrated as complete, authorizing execution of the Notice of Completion and approving the Final Closeout Agreement. Minutes for Board Meeting 04126100 Page6 d. MOVED, SECONDED AND DULY CARRIED: Ratify Change Order No. 4 to Improvements to Miller-Holder Trunk Sewer System, Reach 1, Contract No. 3-38-1, with Fleming Engineering, Inc., authorizing an addition of $130,622 and 26 calendar days, increasing the total contract amount to $8,593,409. e. MOVED, SECONDED AND DULY CARRIED: Ratify Change Order No. 2 to Rehabilitation of Digesters I, J, K, L, M, N, and 0 at Plant No. 2, Job No. P2-39, with Margate Construction, for an addition of $552,000, increasing the total contract amount to $10,057,256. f. MOVED, SECONDED AND DULY CARRIED: Approve sole source Professional Services Agreement with Camp Dresser & McKee, Inc. for on-call computer services necessary to update and maintain computer models developed under the 1999 Strategic Plan, for a total amount not to exceed $125,000. Director Mark Murphy abstained. g. MOVED, SECONDED AND DULY CARRIED: Approve Professional Services Agreement with Water 3 Engineering for design and study of Peak Flow Management at Plant Nos. 1 and 2, Job No. J-67, for a total amount not to exceed $283,280. h. MOVED, SECONDED AND DULY CARRIED: Approve Professional Services Agreement with Boyle Engineering Corporation to provide engineering services for Bushard Trunk Sewer Rehabilitation, Contract No. 1-2-4, for an amount not to exceed $845,300. i. MOVED, SECONDED AND DULY CARRIED: (1) Approve Professional Services Agreement with Cathcart Garcia von Langen Engineers for professional engineering services for Plant Utilities Rehabilitation and Refurbishment, Job No. P2-82, for an amount not to exceed $308,212; and (2) Approve a budget amendment of $2,594,000 for Plant Utilities Rehabilitation and Refurbishment, Job No. P2-82, for a total project budget of $3,394,000. j. MOVED, SECONDED AND DULY CARRIED: Approve Professional Services Agreement with Boyle Engineering Corporation to provide engineering services for the Santa Ana River Interceptor Relief Sewer, Contract No. 2-31, and Atwood Subtrunk Improvements, Contract No. 2-50, for a total amount not to exceed $504,685. k. MOVED, SECONDED AND DULY CARRIED: Approve Addendum No. 2 to the Professional Services Agreement with Computerized Facility Integration, L.L.C. for the Computerized Facility Record and Drawing System, Job No. J-25-1, providing for additional consulting services in the amount of $459,703 for a total amount not to exceed $2,788,384. Director Mark Murphy abstained. Minutes for Board Meeting 04126100 Page 7 I. MOVED, SECONDED AND DULY CARRIED: Approve Addendum No. 5 to the Professional Services Agreement with Parsons Engineering Science, Inc. for Plant Automation and Reinvention Project, Job No. J-42, providing for additional engineering services, for an additional amount of $420,000, increasing the total amount not to exceed $5,516,830. 14. DRAFT FINANCE, ADMINISTRATION AND HUMAN RESOURCES COMMITTEE MINUTES: A verbal report was presented by Director Tom Saltarelli, Chair of the Finance, Administration and Human Resources Committee, re the April 12, 2000 meeting, summarizing the actions taken and referring to the draft minutes of the meeting. The Chair then ordered the draft Finance, Administration and Human Resources Committee Minutes for the meeting held April 12, 2000 to be filed. c. MOVED, SECONDED AND DULY CARRIED: Receive and file Treasurer's Report for the month of March 2000. d. MOVED, SECONDED AND DULY CARRIED: Adopt Resolution No. OCSD 00-06, Authorizing Formation of the Orange County Sanitation District Financing Corporation and Authorizing Certain Related Actions. e. MOVED, SECONDED AND DULY CARRIED: Adopt Resolution No. OCSD 00-07, Amending Resolution No. OCSD 98-33, Amending Human Resources and Policies Procedures Manual. 15. DRAFT JOINT GROUNDWATER REPLENISHMENT SYSTEM COOPERATIVE COMMITTEE MINUTES: A verbal report was presented by Director Norm Eckenrode, a member of the Joint Groundwater Replenishment System Cooperative Committee, re the meetings held on March 20 and April 17, 2000. The Chair then ordered the Joint Groundwater Replenishment System Cooperative Committee Minutes for the meeting held on March 20, 2000, to be filed. 16. MOVED, SECONDED AND DULY CARRIED: Approve License Agreement with the Orange County Water District for the construction and operation of Water Factory 21 Groundwater Injection Well and Conveyance Facilities from the Orange County Water District, at no cost to the District, in form approved by General Counsel. 17. FINANCIAL CONSOLIDATION OF REVENUE AREAS AND DEVELOPMENT OF A SINGLE USER FEE RATE Director Mark Leyes referred the Directors to a copy of a letter from the City of Garden Grove that was included in their meeting folders. He expressed concern regarding the economic issues surrounded by the rate consolidation and diminished accountability. After discussion among the Directors a substitute motion was made to delay consideration of the rate consolidation until May 24, 2000. The motion failed by a vote of 6 ayes to 13 nays. Minutes for Board Meeting 04126100 Page8 MOVED, SECONDED AND DULY CARRIED: Approve consolidation of Revenue Areas 1, 2, 3, 5, 6, 11 and 13 for fiscal year 2000-01, including the postponement of portions of user fee increases previously adopted through 2001-02, as set forth in detail in the staff agenda report of April 26, 2000. The motion passed by a vote of 18 ayes to 4 nays. 18. CEQA ACTIONS RE DRAFT ENVIRONMENTAL IMPACT REPORT FOR SANTA ANA RIVER INTERCEPTOR RELOCATION AND PROTECTION. CONTRACT NO. 2-41 A brief report was given by Dave Ludwin, Director of Engineering regarding the CEQA process and proposed alternatives re the Santa Ana River Interceptor Relocation and Protection, Contract No. 2-41. MOVED, SECONDED AND DULY CARRIED: (1) Establish May 24, 2000 at 7:00 p.m. at the District's Administrative Office, as the date, time, and place, for the public hearing on the Draft Environmental Impact Report for the Santa Ana River Interceptor Relocation And Protection, Contract No. 2-41; and (2) Establish May 31, 2000, as the final date for which all comments must be received on the Draft Environmental Impact Report for the Relocation and/or Protection of the Santa Ana River Interceptor, Contract No. 2-41. MOVED, SECONDED AND DULY CARRIED: The Chair requested that Item 21 be considered at this time. 21. a. MOVED, SECONDED AND DULY CARRIED: Authorize consideration of Item 21 (b) and (c) listed below which arose subsequent to the posting of the agenda and which requires action at this time pursuant to authority of Government Code Section 54954.2(b)(2). b. Director of Technical Services reported that the proposed Memorandum of Understanding with the County of Orange and the City of Huntington Beach defines the roles in the investigations into the beach closures and does not obligate the District in any way. c. MOVED, SECONDED AND DULY CARRIED: Approve a Memorandum of Understanding with the County of Orange and the City of Huntington Beach re future procedures and continuing beach closure investigations as originally authorized by Board action of January 26, 2000. 19. General Counsel reported a need for a closed session, as authorized by Government Code Sections 54956.9 and 54957, to consider those items listed on the agenda as Item Nos. 19(a)(1) and (2). CONVENE IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS 54956.9 AND 54957: The Board convened in closed session at 9:10 p.m., pursuant to Government Code Sections 54956.9 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 action was taken re Agenda Item No. 19(a)(1). The Board did not consider Agenda Item No. 19a)(3), and no report was given. Minutes for Board Meeting 04126100 Page 9 RECONVENE IN REGULAR SESSION : At 9:17 p .m., the Board reconvened in regular session. 19 . a. 2. MOVED, SECONDED AND DULY CARRIED: Adopt Resolution No. OCSD 00-08, Amending General Manager's Contract of Employment. Directors Gullixson and Bankhead opposed. ADJOURNMENT: The Chair pro tern declared the meeting adjourned at 9 :18 p .m. 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