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HomeMy WebLinkAbout05-24-2000 Board Minutes Orange County Sanitation District MINUTES BOARD MEETING MAY 24, 2000 ov��� ANlrq��o o -a ADMINISTRATIVE OFFICES 10844 ELLIS AVENUE FOUNTAIN VALLEY, CALIFORNIA 92708-7018 Minutes for Board Meeting 05/24/00 Page 2 ROLL CALL A regular meeting of the Board of Directors of the Orange County Sanitation District, was held on May 24, 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 A Steve Anderson Steve Simonian X Don Bankhead Jan Flory X Shawn Boyd Paul Snow X Guy Carrozzo Larry Crandall A Lynn Daucher Roy Moore A Brian Donahue Harry Dotson X Norman Z. Eckenrode Michael L. Maertzweiler X James M. Ferryman Arthur Perry X1 Peter Green Dave Garofalo X John M. Gullixson Ken Ryan A Mark Leyes Bruce Broadwater A 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 X 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: Blake Anderson, General Manager; Penny Kyle, Board Secretary; Dave Ludwin; Patrick Miles; Bob Ooten; Lisa Tomko; Gary Streed; Michelle Tuchman; Sam Mowbray; Nick Arhontes; Andrei loan; Chuck Winsor; Mike Moore; Mark Tomko; Paula Zeller OTHERS PRESENT: Thomas L. Woodruff, General Counsel; Arlene Schafer; Kris Lindstrom; Don Hughes; Terrie Medeiros; Debra Rose Minutes for Board Meeting 05/24/00 Page 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 Yorba Linda John Gullixson Ken Ryan* Midway City Sanitary District Joy L. Neugebauer Margie Rice/James Evans REPORT OF THE CHAIR Chair Debay reported that the standing committees would be meeting on their regularly scheduled days and time in the month of June. RESOLUTION OF COMMENDATION MOVED, SECONDED AND DULY CARRIED: That the Board of Directors adopt a Resolution of Commendation expressing appreciation to Michelle Tuchman, Director of Communications, for her contribution and dedication to public service upon her departure from the District. REPORT OF THE GENERAL MANAGER Blake Anderson reported that a spill occurred on May 9 at the College Avenue Pump Station. The spill was approximately 5,000—7,000 gallons that went into the flood channel and Santa Ana River. Testing samples indicated there was no detectable bacteria downstream. He then recognized Nick Arhontes, Collection Facilities Manager, and Dave Ludwin, Director of Engineering. They presented a verbal report on the status of actual and proposed short-term and long-term repair and improvements for the pump station. REPORT OF THE GENERAL COUNSEL Tom Woodruff reported that two items would need to be added to the agenda with regard to summons and complaints received by the District. It was then moved, seconded and duly carried to authorize consideration of the following items 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). a. MOVED, SECONDED AND DULY CARRIED: Receive and file Summons and Complaint, Thu Hang Thi Tran, Trieu Thien Bui v. Orange County Sanitation District, Orange County Superior Court Case No. OOCC05306, for alleged damages in connection with an automobile accident involving a District vehicle and employee, and refer to General Counsel and the District's insurance carrier to represent and defend the interests of the District. b. MOVED, SECONDED AND DULY CARRIED: Receive and file Summons and Complaint, Ayala Boring, Inc. v. Ken Thompson, Inc., Orange County Sanitation District, et al., Orange County Superior Court Case No. OOCC04692, for stop notice enforcement Minutes for Board Meeting 05/24/00 Page 4 action in connection with Heil Avenue Interceptor Sewer, Contract No. 11-17-3, and refer to General Counsel to appear and defend the interests of the District. NOMINATIONS FOR CHAIR OF THE BOARD OF DIRECTORS General Counsel briefly reviewed the provisions of the District's Rules of Procedure relating to nomination and election of the Chair and Vice Chair. This being the annual meeting fixed by the Board at which nominations are to be made for the office of Chair of the Orange County Sanitation District, the Secretary then declared the nominations open. Directors Norm Eckenrode and Peer Swan were then nominated as candidates for the office of Chair of the Orange County Sanitation District. It was pointed out that nominations would remain open until the regular June Board meeting. The Secretary reported that the election would be held on June 28, 2000 in accordance with the Board's Rules of Procedure for the Conduct of Business of the District. Nominations and election of a Vice Chair will also be held at the regular June meeting. APPROVAL OF MINUTES The Chair ordered that the minutes of the regular meeting held April 26, 2000 is deemed approved, as mailed. Directors Jan Debay, Anna Piercy, and Peer Swan abstained. 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 04/15/00 04/30/00 Totals $5,694,661.78 $5,794,492.22 Director Anna Piercy abstained. CONSENT CALENDAR 10. a. MOVED, SECONDED AND DULY CARRIED: Receive and file summons and complaint, Mladen Buntich Construction Company v. Orange County Sanitation District, Orange County Superior Court Case No. OOCC05719, for breach of contract in connection with Improvements to Miller-Holder Sewer System, Reach 3, Contract No. 3-38-3, and refer to General Counsel to appear and defend the interests of the District. NON-CONSENT CALENDAR 12. DRAFT STEERING COMMITTEE MINUTES: A verbal report was presented by Director Jan Debay, Chair of the Steering Committee, re the May 24, 2000 meeting. Minutes for Board Meeting 05/24/00 Page 5 The Chair then ordered the draft Steering Committee Minutes for the meeting held on April 26, 2000 to be filed. 13. 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 May 3, 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 May 3, 2000 to be filed. C. MOVED, SECONDED AND DULY CARRIED: Award a sole source purchase order to Dell Computer Corporation for Purchase of Storage Area Network, Specification No. E-277, in connection with the Computerized Facility Atlas and Document Management Project, Job No. J-25-1, to upgrade a portion of the District's networking infrastructure, for a total amount not to exceed $281,643.85. Director Mark Murphy abstained. d. MOVED, SECONDED AND DULY CARRIED: Approve agreement with Pickens Fuel Corporation providing for payment for the operation of the CNG Refueling Station at a cost of$0.10 per gallon for all sales, maintenance costs of$900 per month, and $90 per hour for emergency maintenance services, effective July 1, 2000 to June 30, 2001, in a form approved by General Counsel. e. MOVED, SECONDED AND DULY CARRIED: 1) Approve a budget amendment increase from $114,000 for the warranty repair on eight Central Generation Engines over the next two years, for a total project budget cost not to exceed $150,000; and 2) Authorize staff to award a sole source purchase order to Cooper Energy Services, Inc. for warranty repair work to the eight Central Generation Engines, for a total amount not to exceed $150,000. 14. 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 May 4, 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 May 4, 2000 to be filed. C. MOVED, SECONDED AND DULY CARRIED: (1) Approve a budget amendment of$80,562 to Relocation of Lido Pump Station, Contract No. 5-41-1, for a total revised project budget of$3,475,762; (2) Ratify Change Order No. 5 to Relocation of Lido Pump Station, Contract No. 5-41-1, with Advanco Constructors, Inc. authorizing an addition of$92,891 and 85 calendar days, increasing the total contract amount to $2,390,547; and (3) Accept Relocation of Lido Pump Station, Contract No. 5-41-1, as complete, authorizing execution of the Notice of Completion and approving the Final Closeout Agreement with Advanco Constructors, Inc. Minutes for Board Meeting 05/24/00 Page 6 d. MOVED, SECONDED AND DULY CARRIED: (1) Authorize a budget transfer of $200,000 from Modifications to Electrical and Control Systems and Process Evaluations at Plant No. 1, Job No. P1-40-1, to Seismic Retrofit of Four Structures at Reclamation Plant No. 1, Job No. P1-41-4 (Rebid), for a total revised project budget of$1,529,000 for Job No. P1-44-4 (Rebid); (2) Ratify Change Order No. 4 to Seismic Retrofit of Four Structures at Reclamation Plant No. 1, Job No. P1-44-4 (Rebid), with Ark Construction Company, authorizing an addition of$47,289, and a time extension of 40 calendar days, increasing the total contract amount to $954,229; and (3) Accept Seismic Retrofit of Four Structures at Reclamation Plant No. 1, Job No. P1-44-4 (Rebid), with Ark Construction Company as complete, authorizing execution of the Notice of Completion and approving the Final Closeout Agreement. e. MOVED, SECONDED AND DULY CARRIED: Approve Professional Services Agreement with Parsons Engineering Science, Inc. for Area Classification Study Implementation Plan for Plant Nos. 1 and 2, Job No. J-35-2, for an amount not to exceed $2,255,680. f. MOVED, SECONDED AND DULY CARRIED: Approve Professional Services Agreement with Black& Veatch for design of Effluent Pump Station Annex, Job No. J-77, for a total amount not to exceed $2,208,810. 15. 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 May 10, 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 May 10, 2000 to be filed. C. MOVED, SECONDED AND DULY CARRIED: Receive and file Treasurer's Report for the month of April 2000. d. MOVED, SECONDED AND DULY CARRIED: Receive and file Quarterly Investment Management Program Report for the period January 1, 2000 through March 31, 2000. e. MOVED, SECONDED AND DULY CARRIED: Receive and file the Third Quarter Financial and Operational Report for the period ending March 31, 2000. f. MOVED, SECONDED AND DULY CARRIED: Adopt Resolution No. OCSD 00-09, Amending Resolution No. OCSD 98-33, Amending Human Resources and Policies Procedures Manual. Minutes for Board Meeting 05/24/00 Page 7 g. MOVED, SECONDED AND DULY CARRIED: Adopt Resolution No. OCSD 00-10, Amending Resolution No. OCSD 98-33, Amending Human Resources and Policies Procedures Manual, to: (1) Create Accounting Supervisor classification at pay range El ($60,828-$86,064); (2) Create Human Resources Supervisor classification at pay range Ell ($60,828-$86-064); and, (3) Create Lead Pump Power Operator at pay range 2015 ($47,285-$58,883). h. MOVED, SECONDED AND DULY CARRIED: Adopt a policy of maintaining the adopted Capital Facilities Capacity Charge rate and structure until the Strategic Plan Capital Improvement Program is modified. i. MOVED, SECONDED AND DULY CARRIED: Approve an increase for the Temporary Employment Services contracts total amount from $1,000,000 to $1,200,000 for FY 99-00, and approve funding in the amount of$1,900,000 for FY 00-01. 16. DRAFT JOINT GROUNDWATER REPLENISHMENT SYSTEM COOPERATIVE COMMITTEE MINUTES: A verbal report was presented by Director Peer Swan, a member of the Joint Groundwater Replenishment System Cooperative Committee, re the meeting held on May 15, 2000. The Chair then ordered the Joint Groundwater Replenishment System Cooperative Committee Minutes for the meeting held on April 17, 2000, to be filed. 17. DRAFT ENVIRONMENTAL IMPACT REPORT FOR THE SANTA ANA RIVER INTERCEPTOR RELOCATION AND PROTECTION CONTRACT NO. 2-41 Dave Ludwin, Director of Engineering, gave a brief verbal report on the project. Kris Lindstrom, District's environmental consultant, reviewed the findings contained within the Environmental Impact Report (EIR). Mr. Lindstrom indicated written comments are -being r3ceived and the time will be open to receive these comments until May 31st. At that time the written comments will be made a part of the package and addressed in the final EIR. General Counsel then briefly reviewed the process undertaken in reviewing an environmental impact report. OPEN PUBLIC HEARING: The Chair declared the hearing opened at 8:34 p.m. Questions were asked with regard to impact of the communities surrounding the project and the closure of the bike trails. CLOSE PUBLIC HEARING: The Chair declared the hearing closed at 8:37 p.m. MOVED, SECONDED ARID DULY CARRIED: Continue to the July 19, 2000 regular Board meeting for consideration of the Final Environmental Impact Report'fir the Santa Ana River Intee.eptor Relocation and Protection,Contr.ct No. 2-41. Minutes for Board Meeting 05/24/00 Page 8 18. MITIGATED NEGATIVE DECLARATION RE REPLACEMENT OF BACK BAY TRUNK SEWER, CONTRACT NO. 5-46 a. Dave Ludwin, Director of Engineering, gave a brief report on the project. b. MOVED, SECONDED AND DULY CARRIED: Adopt Resolution No. OCSD 00-11, Making Certain Findings Relating to Less than Significant Environmental Effects Identified in the Mitigated Negative Declaration for the Replacement of the Back Bay Trunk Sewer, Contract No. 5-46;Approving Mitigation Measures; Adopting the Final Mitigated Negative Declaration for the Replacement of the Back Bay Trunk Sewer Project; Authorizing the Filing of a Notice of Determination re said project; and Adopting a Mitigation Monitoring and Reporting Program. 19. Ordinance No. OCSD-13, An Ordinance of the Board of Directors of Orange County Sanitation District Amending Ordinance No. OCSD-05 Re Continuing and Establishing Sanitary Sewer Service Charges, and Amending Table C of Ordinance No. OCSD-06 re Class I and Class 11 Industrial Waste Discharger Permittee Charges for Use, and Repealing Ordinance No, OCSD-10: a. (1) MOVED, SECONDED AND DULY CARRIED: Implement Sewer Service Charge rates for 2000-01 equal to those previously adopted for Revenue Area 3. These rates will be based upon the single-family residential rate of$78 per year and the percentages adopted in Ordinance No. OCSD-05. Previously adopted higher rates in other Revenue Areas may be implemented as needed in the future. (2) MOVED, SECONDED AND DULY CARRIED: Implement previously adopted Sewer Service Charge rates in Revenue Area 7. The base single-family residential rate to be $73 per year. (3) MOVED, SECONDED AND DULY CARRIED: Change flow parameters for some non-residential users. (4) MOVED, SECONDED AND DULY CARRIED: Set flow, Biochemical Oxygen Demand (BOD) and Suspended Solids (SS) rates for Source Control Permit Users. b. MOVED, SECONDED AND DULY CARRIED: Receive and file General Counsel's memo dated May 2, 2000. Director John Gullixson opposed. Minutes for Board Meeting 05/24/00 Page 9 C. MOVED, SECONDED AND DULY CARRIED: Make finding that adoption of Ordinance No. OCSD-13 is statutorily exempt pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15273(a) and Public Resources Code Section 21080(b)(8) in that the revenues to be received will be used to meet operational and maintenance expenses and meeting financial reserves and capital requirements which are necessary for the continued maintenance of service within existing defined service areas of the District as set forth in the comprehensive Master Plan. Director John Gullixson opposed. Director John Gullixson left the meeting. d. MOVED, SECONDED AND DULY CARRIED: Motion to read Ordinance No. OCSD-13 by title only and waive reading of said entire ordinance. e. MOVED, SECONDED AND DULY CARRIED: Motion to introduce Ordinance No. OCSD-13, and pass to second reading and an opportunity for public comment at the June 28, 2000 Board meeting. Director John Gullixson returned to the meeting. 20. CONVENE IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS 54956.9 AND 54957: The Board convened in closed session at 8:55 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 Items Nos. 20(a)(1) and (3). RECONVENE IN REGULAR SESSION: At 9:25 p.m., the Board reconvened in regular session. 20. a. 2. MOVED, SECONDED AND UNANIMOUSLY CARRIED: (1) Approve and execute the contract of employment with Blake P. Anderson, General Manager; and (2) Adopt Resolution No. OCSD 00-12, Amending Human Resources Policies and Procedures Resolution No. OCSD 98-33 Relating to Compensation of the General Manager. ADJOURNMENT: The Chair declared the meeting adjourned at 9:30 p.m. 1 Secretary o .he Board Directors of Orange County Sanitat n District H:\wp.dta\agenda\Board Minutes\2000 Board Minutes\052400.doc