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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 Minutes for Board Meeting Page2 08/23/00 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 Minutes for Board Meeting Page3 08/23/00 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. Minutes for Board Meeting Page4 08/23/00 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. Minutes for Board Meeting Page5 08/23/00 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. ******* Minutes for Board Meeting Page6 08/23/00 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 Minutes for Board Meeting Page? 08/23/00 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. ****** 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. Minutes for Board Meeting Page 8 08/23/00 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. H:\wp.dta\agenda\Board Minutes\2000 Board Minutes\082300 .doc