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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 Minutes for Board Meeting Page 2 10/24/01 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 Minutes for Board Meeting Page 3 10/24/01 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. Minutes for Board Meeting Page 4 10/24/01 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 Minutes for Board Meeting Page 5 10/24/01 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. Minutes for Board Meeting Page 6 10/24/01 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 Minutes for Board Meeting Page 7 10/24/01 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; Minutes for Board Meeting Page 8 10/24/01 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 Minutes for Board Meeting Page 9 10/24/01 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. G:\wp .dta\agenda\Board Minutes\2001 Board Minutes\102401 minutes .doc