HomeMy WebLinkAbout10-24-2001 Board MinutesOrange County Sanitation District
MINUTES
BOARD MEETING
OCTOBER 24, 2001
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 October 24, 2001, 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 Peter Green, Vice Chair Dave Garofalo
x Steve Anderson Steve Simonian
x Don Bankhead Jan Flory
A Shawn Boyd John Larson
x Brian Brady Darryl Miller
x Guy Carrozza Larry Crandall
A Brian Donahue Bill Estrada
x James M. Ferryman Arlene Schaf er
x 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 Shirley McCracken Tom Daly
x Pat McGuigan Alberta Christy
x Roy Moore Marty Simonoff
A Mark A. Murphy Joanne Coontz
x Joy Neugebauer Grace Epperson
x Russell Patterson Richard A. Freschi
x Anna L. Piercy Tim Keenan
x Tod Ridgeway Gary Adams
A Jerry Sigler Jim Dow
x Jim Silva Chuck Smith
x Paul Walker Kenneth Blake
STAFF MEMBERS PRESENT: Blake P. Anderson, General Manager; Penny Kyle, Board
Secretary; Dave Ludwin; Greg Mathews; Patrick Miles; Lisa Murphy; Bob Ooten; Gary Streed;
Lisa Tomko; Mike Moore; Juanita Skillman; Wendy Sevenandt; Ron Wade; Ryal Wheeler
OTHERS PRESENT: Thomas L. Woodruff, General Counsel; Alternate Director Alberta Christy;
Don Hughes; Irwin Haydock; Jan Vandersloot; Doug Korthof; Don McGee; Dennis Baker; Eileen
Murphy; Dan Worthington; Bill Everest; Terry Lane; Kimo Look
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PUBLIC COMMENTS
The following persons spoke about ocean discharge issues and expressed their opposition to
the waiver: Irwin Haydock; Jan Vandersloot; Don McGee; Dennis Baker; Doug Korthof; Eileen
Murphy.
Director Guy Carrozza spoke as a member of the public asking the Directors to refrain from
making any decision on the level of treatment until all the facts have been considered.
REPORT OF THE CHAIR
A 20-year service award was presented to employee Ron Wade by Chair Eckenrode and Bob
Ooten, Director of Operations and Maintenance.
Chair Eckenrode then referred the Directors to a copy of the city of Santa Ana's new ordinance
placedin the Directors' meeting folders. This ordinance adds an article to the city's code
establishing a sewerage service enterprise fund and sewerage service fee. He then recognized
Director Pat McGuigan who explained the steps undertaken to develop and approve the
ordinance.
It was then announced that the next Directors' workshop was scheduled for Saturday,
November 3, from 8:00 a.m. to 11 :00 a.m. Discussions will be on the ocean discharge permit.
It was also announced that the next quarterly workshop on the groundwater replenishment
system project would be held at the Orange County Water District on Saturday, November 1 ih,
from 8:00 a.m. to 11 :00 a.m.
The Chair announced that Director Peter Green and his wife, Cathy, were presented with the
Bolsa Chica Conservancy's 2001 Conservators of the Year award at a luncheon held in their
honor. Blake Anderson, General Manager, was in attendance at the luncheon and commented
on the honors bestowed on Director Green and his wife.
REPORT OF THE GENERAL MANAGER
The General Manager had no report.
REPORT OF THE GENERAL COUNSEL
General Counsel Thomas L. Woodruff reported that trial is scheduled to commence in three weeks in
the matter of Crow Winthrop Development Limited Partnership v. Orange County Sanitation Districtm
et al.
Additionally, Closed Session Agenda Item No. 17(a)(1) re initiation of litigation, has been settled and
is being removed from the Agenda. This matter involved the administrative fine levied against the
District as a result of a sewage spill caused through the negligence of the District's contractor in the
performance of Contract No. 3-38-1.
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Mr. Woodruff also advised the Board of the need to add an additional item to the Closed Session
Agenda requiring immediate action which arose subsequent to the publication of the Agenda, to wit:
Confer with General Counsel, Government Code Section 54954.2(b ), upon a two-thirds vote of the
Board.
MOVED, SECONDED AND DULY CARRIED: That the matter re Claim of Orange County Sanitation
District against Cooper Industries be added to the Closed Session agenda as Item No. 17(a)(4).
APPROVAL OF MINUTES
The Chair ordered that the minutes of the regular meeting held September 26, 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 09/15/01 09/30/01
Totals $5,329,383. 79 $5,366,584.31
Director Patterson abstained on Warrant No. 38494.
Director Leyes abstained.
CONSENT CALENDAR
NON-CONSENT CALENDAR
11. DRAFT STEERING COMMITTEE MINUTES: A verbal report was presented by Director
Eckenrode, Chair of the Steering Committee, re the October 24, 2001 meeting.
Committee Chair Eckenrode reported on the National Urban Watershed Conference that
he attended last week in Costa Mesa. He reported the General Manager discussed an
early retirement incentive that would be considered by the FAHR Committee and the
board in November. This would provide two additional years of service credit to
employees retiring by March 31, 2002. Blake Anderson also discussed the Regional
Board's proposed Water Discharge Requirements for local sewer systems, which would
be addressed in a workshop on December 7th.
Chair Eckenrode then polled the Directors to see how many were planning to attend the
December 19th meeting due to a possible conflict with the State League of California
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Cities annual conference being held that week. It was determined the board meeting
would be able to meet as planned, but the Steering Committee would need to
reschedule its meeting.
The Chair then ordered the draft Steering Committee Minutes for the meeting held on
September 26, 2001 to be filed.
12. DRAFT OPERATIONS, MAINTENANCE AND TECHNICAL SERVICES COMMITTEE
MINUTES: The Chair ordered the draft Operations, Maintenance and Technical Services
Committee Minutes for the meeting held on October 3, 2001 to be filed.
13. DRAFT PLANNING, DESIGN AND CONSTRUCTION COMMITTEE MINUTES: A verbal
report was presented by Director Anderson, Chair of the Planning, Design and
Construction Committee, re the October 4, 2001 meeting.
The Chair then ordered the draft Planning, Design and Construction Committee Minutes
for the meeting held October 4, 2001 to be filed.
c. MOVED, SECONDED AND DULY CARRIED: (1) Ratify Change Order No. 1 to
Enclosure of Open Bays in Warehouse at Plant No. 1, Job No. SP19950063, with
Ark Construction Company, authorizing an addition of $5,345 and 30 calendar
days, increasing the contract amount to $182,345; and (2) Accept Enclosure of
Open Bays in Warehouse at Plant No. 1, Job No. SP19950063, as complete,
authorizing execution of the Notice of Completion and approving the Final
Closeout Agreement.
d. MOVED, SECONDED AND DULY CARRIED: (1) Approve a budget increase of
$9,079,600 for Primary Clarifier Nos. 16-31 and Related Facilities, Job No.
P1-37, for a total project budget of $84,529,600; (2) Approve plans and
specifications and Addenda Nos. 1, 2, 3, 4, 5, and 6 for Primary Clarifier
Nos. 16-31 and Related Facilities, Job No. P1-37, on file at the office of the
Board Secretary; (3) Receive and file bid tabulation and recommendation; and
(4) Award a Construction Contract to Margate Construction, Incorporated, for
Primary Clarifier Nos. 16-31 and Related Facilities, Job No. P1-37, for an amount
not to exceed $70,366,000.
e. MOVED, SECONDED AND DULY CARRIED: (1) Approve a budget amendment
of $551,500 for Space Allocation and Interior Renovation, Job No. J-84, for a
total project budget of $795,800; and (2) Approve Addendum No. 1 to the
Professional Services Agreement with Fluor Signature Services for the
conceptual design (Phase II) for Space Allocation and Interior Renovation, Job
No. J-84, for an additional amount of $272,000, increasing the total amount not to
exceed $428,800.
Directors Carrozza and Jempsa opposed.
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f. MOVED, SECONDED AND DULY CARRIED: (1) Approve a budget amendment
of $350,000 for Scrubber Monitor and Control Project, Job No. J-71-7, for a total
project budget of $2,732,000; (2) Approve plans and specifications for Scrubber
Monitor and Control Project, Job No. J-71-7, on file at the office of the Board
Secretary; and (3) Authorize staff to publish the Notice Inviting Bids.
g. MOVED, SECONDED AND DULY CARRIED: (1) Establish a new budget of
$440,000 for Strategic Plan Update, Job No. J-40-8, from the Orange County
Sanitation District's Capital Reserves; and (2) Authorize the General Manager to
enter into a Sole Source Professional Services Agreement with Camp Dresser
and McKee to prepare an update to the 1999 Strategic Plan for a total amount
not to exceed $350,000.
h. MOVED, SECONDED AND DULY CARRIED: Approve an increase to the
approved sole source equipment purchase with Hatch & Kirk Incorporated for an
additional amount of $9,400, for a total amount not to exceed $122,260, in
connection with Central General Automation, Job No. J-79.
14. 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 October 10, 2001 meeting.
The Chair then ordered the draft Finance, Administration and Human Resources
Committee Minutes for the meeting held October 10, 2001 to be filed.
c. MOVED, SECONDED AND DULY CARRIED: Receive and file Treasurer's
Report for the month of September 2001.
d. MOVED, SECONDED AND DULY CARRIED: Adopt Resolution
No. OCSD 01-18, amending Resolution No. OCSD 98-33, amending Human
Resources Policies and Procedures Manual.
e. Item removed
15. 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 October 22, 2001.
Director Patterson reported a workshop on the GWRS project would be held at the
Orange County Water District on November 171h from 8:00 a.m. to 11 :00 a.m.
It was also reported that the Joint Powers Agreement for the development, operation
and maintenance of the GWRS system and the Green Acres project was discussed at
the last two cooperative committee meetings. The Groundwater Producers Advisory
Committee has requested OCSD to financially support the operation and maintenance of
the project once it is complete. OCSD is opposing that request. Discussion took place
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among the directors regarding the various milestones specified in the letter by the
groundwater producers in March, 2001.
The Chair then ordered the draft Joint Groundwater Replenishment System Cooperative
Committee Minutes for the meetings held on September 10, 2001, September 24, 2001,
and October 8, 2001 to be filed.
c. Adopt Resolution No. OCSD 01-19. Establishing a Policy and Procedure for
Disclosure of Contacts or Communications Between the Joint Groundwater
Replenishment System Cooperative Committee Members and Prospective
Consultants. Suppliers. and Contractors Bidding for Work in Connection with the
Groundwater Replenishment System
General Counsel reported that the resolution included in the agenda package
included a twelve-month time line as indicated by the meeting minutes. However
the resolution adopted by OCWD did not include the twelve-month time line. A
revised resolution was included in the directors' meeting folders showing the
revision. Mr. Woodruff reported additional changes to the resolution was
requested by the Steering Committee to incorporate under Section 1 of the
resolution to disclose any communications pertaining to the contracts under
consideration by the committee.
MOVED, SECONDED AND DULY CARRIED: Adopt Resolution No.
OCSD 01-19, Establishing a Policy and Procedure for Disclosure of Contacts or
Communications Between the Joint Groundwater Replenishment System
Cooperative Committee Members and Prospective Consultants, Suppliers, and
Contractors Bidding for Work in Connection with the Groundwater Replenishment
System, as revised.
Directors Gullixson and Leyes opposed.
d. MOVED, SECONDED AND DULY CARRIED: Approve agreement between
Orange County Water District (OCWD) and Southern California Edison, to
design, build, and maintain a dual-feed 66/12kV substation in connection with the
Groundwater Replenishment System, Job No. J-36, for a total cost of
$2,396,000, with OCWD and Orange County Sanitation District (OCSD) having
equal shares in the amount of $1, 198,000 for the capital costs, and with OCWD
having sole responsibility for the annual maintenance cost of approximately
$83,000 per year.
Director Gullixson opposed.
e. 1 (a) MOVED, SECONDED AND DULY CARRIED: Authorize issuance of
Request for Proposals for pre-selection of microfiltration (MF) equipment
estimated at a cost of $32;500,000 to be equally shared by the Orange
County Water District (OCWD), and the Orange County Sanitation District
(OCSD), subject to final approval as to form and content by OCWD and
OCSD General Counsel;
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1 (b) MOVED, SECONDED AND DULY CARRIED: Grant authority to the
Board of Directors of the OCWD to award a contract between OCWD and
the MF equipment manufacturer to provide engineering details for the
equipment design in the total amount of $500,000 to be equally shared
between OCWD and OCSD; and,
1 (c) MOVED, SECONDED AND DULY CARRIED: Grant authority to the
Board of Directors of OCWD to assign the value of the MF equipment to
the contract to install the temporary MF system and to the main contract
to install the permanent MF system based on the selected vendor
proposal with a total estimated capital cost of $32,000,000.
2(a) MOVED, SECONDED AND DULY CARRIED: Authorize issuance of
Request for Proposals for pre-selection of ultraviolet light (UV) equipment
estimated at a capital cost of $10,250,000 to be equally shared by OCWD
and OCSD, subject to approval as to form and content by OCWD and
OCSD General Counsel;
2(b) MOVED, SECONDED AND DULY CARRIED: Grant authority to the
Board of Directors of OCWD to award a contract between OCWD and the
UV equipment manufacturer to provide engineering details for the
equipment design in the total amount of $250,000 to be equally shared
between OCWD and OCSD; and,
2(c) MOVED, SECONDED AND DULY CARRIED: Grant authority to the
Board of Directors of OCWD to assign the value of the UV equipment to
the contract to install the permanent UV equipment based on the selected
vendor proposal with a total estimated capital cost of $10,000,000.
16. MOVED, SECONDED AND DULY CARRIED: Adopt Resolution No. OCSD 01-20,
Authorizing Salary and Benefit Continuation for Military Reservists Called to Active Duty
Relating to Presidential Executive Order of September 14, 2001.
A substitution motion to include a 12-month review failed for lack of a second.
Director Bankhead opposed
17. CONVENE IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS
54956.9(c). 54957 and 54957.6: The Board convened in closed session at 9:02 p.m.,
pursuant to Government Code Section 54956.9(c), 54957 and 54957.6, to discuss
Agenda Item Nos. 17 (a)(2), (3) and (4 ). 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. The
Board did not consider Agenda Item No. 17(a)(1 ). A report of action taken will be
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publicly reported at the time the approved action becomes final re Agenda Item No.
17(a)(4).
RECONVENE IN REGULAR SESSION: At 9:30 p.m ., the Board reconvened in regular
session.
a. 2. MOVED, SECONDED AND DULY CARRIED: Approve the fourth renewal
to the Agreement with Wackenhut Corporation for security services, and
authorize staff to explore both professional and technological programs
for future recommendations.
3. MOVED, SECONDED AND DULY CARRIED: Adopt Resolution
No. OCSD 01-21, Amending Human Resources Policies and Procedures
Resolution No . OCSD 98-33 Relating to Compensation and Approving
the First Amended Contract of Employment of the General Manager.
ADJOURNMENT: The Chair declared the meeting adjourned at 9:30 p.m.
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