HomeMy WebLinkAbout08-23-2000 Board MinutesOrange County Sanitation District
MINUTES
BOARD MEETING
AUGUST 23, 2000
ADMINISTRATIVE OFFICES
10844 ELLIS AVENUE
FOUNTAIN VALLEY, CALIFORNIA 92708-7018
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ROLL CALL
A regular meeting of the Board of Directors of the Orange County Sanitation District, was
held on August 23, 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
x Shawn Boyd John Larson
x Guy Carrozzo Larry Crandall
x Jan Debay Tom Thomson
A Lynn Daucher Roy Moore
A 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
x Joy Neugebauer James Evans
x Russell Patterson Richard A. Freschi
x Anna L. Piercy Tim Keenan
x Thomas R. Saltarelli Jim Potts
A Christina Shea Greg Smith
x Jerry Sigler Jack Mauller
A 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; Patrick Miles; Doug Stewart; Bob Ooten; Lisa Tomko;
Gary Streed; John Linder; Steve Kozak; Mark Mutz; Paula Zeller
OTHERS PRESENT: Thomas L. Woodruff, General Counsel; Terry Lane; Jeff Bower; Dave
Hamilton
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REPORT OF THE CHAIR
It was announced that the OMTS Committee would be meeting on Monday, September 11, and
PDC Committee would be meeting on September 14 due to a conflict of normal meeting dates
with the League of Cities' meetings during that week.
Chair Eckenrode reported that he and Directors Peter Green and Jan Debay attended the
CASA conference held August 9-12. He urged all committee chairs to try to attend these
conferences as the regulatory, legislative and management issues covered are pertinent to the
District and its operations.
It was then announced that the District received CASA's Year 2000 Public Service Award for the
Huntington Beach closure investigation.
Director Peer Swan was then presented a Resolution of Commendation and a plaque for his
service to the Board as Vice Chair from July 1994 to July 2000.
Chair Eckenrode then recognized Blake Anderson, General Manager, for 20 years of service
with the District and presented him with a service pin.
REPORT OF THE GENERAL MANAGER
General Mana~er Blake Anderson reported that the District is conducting a meeting on .
September 201 at the Garden Grove Community Center regarding new federal regulations on
city sewer systems. City managers and public works directors should attend. Letters of
invitation were being mailed inviting all cities within Orange County to attend.
It was also announced that the District would be holding a Spill Prevention and Response
Workshop on September 26, and referred the Directors to the brochure included in their meeting
folders.
REPORTOFTHEGENERALCOUNSEL
General Counsel Thomas Woodruff reported that at the CASA conference, Chair Eckenrode
was elected to CASA's Board of Directors.
Mr. Woodruff also reported a need to add one item to the Closed Session Agenda, needing
immediate action, which arose subsequent to the publication of the Agenda, to wit: Mladen
Buntich Construction v. Orange County Sanitation District, Orange County Superior Court Case
No. 000005719. He referred the Directors to a memorandum included in their meeting folders
describing a request from counsel to Mladen Buntich Construction for a waiver of a potential
conflict of interest.
APPROVAL OF MINUTES
The Chair ordered that the minutes of the regular meeting held July 19, 2000 be deemed
approved, as mailed.
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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 07/15/00 07/31/00
Totals $4,437,579.48 $17,711,875.43
Director Patterson abstained on Warrant Nos. 28855 and 28856.
NON-CONSENT CALENDAR
11. DRAFT STEERING COMMITTEE MINUTES: A verbal report was presented by Director
Eckenrode, Chair of the Steering Committee, re the August 23, 2000 meeting.
The Chair then ordered the draft Steering Committee Minutes for the meeting held on
July 19, 2000 to be filed.
c. MOVED, SECONDED AND DULY CARRIED: Approve an increase from the
current $3,000 IDEA Program maximum award amount to $10,000 maximum
award amount for approved IDEAs that offer significant cost savings.
Directors Gullixson and Swan opposed.
12. DRAFT AD HOC COMMITTEE RE URBAN RUNOFF DIVERSION PERMIT AND
FINANCING MINUTES: A verbal report was presented by Director Jan Debay, Chair of
the Ad Hoc Committee re Urban Runoff Diversion Permit and Financing re the August 2,
2000 meeting.
The Chair then ordered the draft Ad Hoc Committee re Urban Runoff Diversion Permit
and Financing Minutes for the meeting held on August 2, 2000 to be filed.
13. DRAFT PLANNING, DESIGN AND CONSTRUCTION COMMITTEE MINUTES: A verbal
report was presented by Director Steve Anderson, Chair of Planning, Design and
Construction Committee re the August 3, 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 August 3, 2000 to be filed.
c. MOVED, SECONDED AND DULY CARRIED: (1) Approve a budget amendment
of $15,682,000 for Investigation and Repair of the Ocean Outfall, Job No. J-39,
for a total project budget not to exceed $16,907,000; and (2) Authorize the
General Manager to negotiate and approve Addendum No. 7 to the Professional
Services Agreement with Carollo Engineers, for Investigation and Repair of
Ocean Outfalls, Job No. J-39, for an amount not to exceed $300,000.
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d. MOVED, SECONDED AND DULY CARRIED: Approve Addendum No. 4 to the
Professional Services Agreement with Brown and Caldwell for Design of Primary
Clarifiers and Related Facilities, Job No. P1-37, providing for additional
engineering services in the amount of $511,045 for a total amount not to exceed
$3,578,324.
e. MOVED, SECONDED AND DULY CARRIED: Approve Addendum No. 7 to the
Professional Services Agreement with Parsons Engineering Science, Inc. for
Plant Reinvention/ Automation Project, Job No. J-42, providing for additional
engineering services in the amount of $1,896, 186, for a total amount not to
exceed $7,495,779.
f. MOVED, SECONDED AND DULY CARRIED: Approve Professional Services
Agreement with Brown and Caldwell to provide engineering services for the
design and construction support of the Santa Ana River Interceptor Relocation
and Protection, Contract No. 2-41, for an amount not to exceed $3,332,829.
14. MOVED, SECONDED AND DULY CARRIED: Receive and file Treasurer's Report for
the month of July 2000~
15. MOVED, SECONDED AND DULY CARRIED: (1) Authorize the General Manager to
approve additional funds of $133,000 for caustic soda chemical used for disinfecting and
odor abatement; (2) Receive and file bid tabulation and recommendation; and (3) Award
contract for Caustic Soda Solution, Specification No. 2000/01 R01 Rebid, to GW
International (Western States) for an estimated annual amount not to exceed $470,300.
16. DRAFT JOINT GROUNDWATER REPLENISHMENT SYSTEM COOPERATIVE
COMMITTEE MINUTES: A verbal report was presented by Director Jan Debay,
representative on the Joint Groundwater Replenishment System Cooperative Committee
re the meeting held on July 31, 2000.
The Chair then ordered the draft Joint Groundwater Replenishment System Cooperative
Committee Minutes for the meetings held on July 15, 17 and 31, 2000 to be filed.
17. The Chair declared a recess of the Board of Directors, Orange County Sanitation
District, at 7:45 p.m.
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ORANGE COUNTY SANITATION DISTRICT FINANCING CORPORATION
ROLL CALL
A regular meeting of the Board of Directors of the Orange County Sanitation District Financing
Corporation, was called to order on August 23, 2000, at 7:49 p.m., in the District's
Administrative Offices. 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
x Shawn Boyd John Larson
x Guy Carrozzo Larry Crandall
x Jan Debay Tom Thomson
A Lynn Daucher Roy Moore
A 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
x Joy Neugebauer James Evans
x Russell Patterson Richard A. Freschi
x Anna L. Piercy Tim Keenan
x Thomas R. Saltarelli Jim Potts
A Christina Shea Greg Smith
x Jerry Sigler Jack Mauller
A Jim Silva Chuck Smith
x Peer Swan Darryl Miller
x Charles E. Sylvia Art DeBolt
x Paul Walker Kenneth Blake
19. PROPOSED 2000 REFUNDING OF CERTIFICATES OF PARTICIPATION:
A brief report on the 2000 Refunding of Certificates of Participation was given to the
Board of Directors by General Counsel and the Director of Finance.
MOVED, SECONDED AND DULY CARRIED: Adopt Resolution No. FC-01, Authorizing
the Execution and Delivery by the Corporation of Specified Agreements, Documents and
Instruments with respect to the Execution and Delivery of Orange County Sanitation
District Refunding Certificates of Participation, Series 2000, Authorizing the Execution
and Delivery of such Certificates Evidencing Principal in an Aggregate Amount of not to
exceed $230,000,000, and Authorizing the Execution of Necessary Documents and
Certificates and Related Actions, Authorizing the Execution and Delivery by the
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Corporation of Amendments to Specified Agreements, Documents and Instruments with
respect to County Sanitation District Nos. 1, 2, 3, 5, 6, 7 and 11 of Orange County,
California Refunding Certificates of Participation, 1992 Series, and Authorizing the
Execution of Necessary Documents and Certificates and Related Actions, and
Authorizing the Execution and Delivery by the Corporation of Amendments to Specified
Agreements, Documents and Instruments with respect to County Sanitation District
Nos. 1, 2, 3, 5, 6, 7 and 11 of Orange County, California Refunding Certificates of
Participation, 1993 Series, and Authorizing the Execution of Necessary Documents and
Certificates and Related Actions.
20. ADJOURNMENT: The Chair declared the meeting of the Orange County Sanitation
District Financing Corporation adjourned at 7:53 p.m.
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21. RECONVENE: The Chair of the Board of Directors of Orange County Sanitation District
reconvened the meeting at 7:54 p.m.
22. MOVED, SECONDED AND DULY CARRIED: Authorize General Manager to award a
contract to the lowest responsible bidder for Fuzzy Filter Pipe Installation at Plant No. 2,
Job No. SP2000-41, and related equipment purchase in a total amount not to exceed
$150,000.
23. General Counsel indicated a need to add an additional item needing immediate action
that arose subsequent to the publication of the Agenda. 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.
MOVED, SECONDED AND DULY CARRIED: To add Agenda Item No. 23(a)(2),
pursuant to authority of Government Code Section 54954.2, 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: Mladen Buntich Construction Company v.
Orange County Sanitation District, Orange County Superior Court Case No. 000005719
(Government Code Section 54956.9).
CONVENE IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS
54957.6 AND 54956.9: The Board convened in closed session at 7:50 p.m., pursuant to
Government Code Sections 54957.6 and 54956.9, to discuss Agenda Items Nos.
23(a)(1) and (2). 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.
RECONVENE IN REGULAR SESSION: At 8:46 p.m., the Board reconvened in regular
session.
a. 1. MOVED, SECONDED AND DULY CARRIED: Authorize the General
Manager to sign the Memoranda of Understanding with the IUOE -Local
501 re salaries, benefits and terms and conditions of employment for the
period November 30, 1999 through November 28, 2002.
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2. MOVED, SECONDED AND DULY CARRIED: To waive the potential
conflict of interest with regard to David Olson of Monteleone & McCrory
and current litigation with District's contractor, Mladen Buntich
Construction Company.
ADJOURNMENT: The Chair declared the meeting adjourned at 8:47 p.m.
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