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HomeMy WebLinkAbout11-28-2001 Board MinutesOrange County Sanitation District MINUTES BOARD MEETING NOVEMBER 28, 2001 ADMINISTRATIVE OFFICES 10844 ELLIS AVENUE FOUNTAIN VALLEY, CALIFORNIA 92708-7018 Minutes for Board Meeting Page 2 11/28/01 ROLL CALL A regular meeting of the Board of Directors of the Orange County Sanitation District, was held on November 28, 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 A Norman Z. Eckenrode, Chair Constance Underhill x Peter Green, Vice Chair Dave Garofalo A Steve Anderson Steve Simonian x Don Bankhead Jan Flory x Shawn Boyd John Larson x Brian Brady Darryl Miller x Guy Carrozza Larry Crandall x Brian Donahue Bill Estrada x James M. Ferryman Arlene Schafer John M. Gullixson x Michael Duvall x Alice B. Jempsa Arthur DeBolt x Tony Kawashima Tracy Worley A 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 x Jerry Sigler Jim Dow A Jim Silva Chuck Smith x Paul Walker Kenneth Blake STAFF MEMBERS PRESENT: Blake P. Anderson, General Manager; Penny Kyle, Board Secretary; Bob Ghirelli; Dave Ludwin; Greg Mathews; Patrick Miles; Lisa Murphy; Bob Ooten; Gary Streed; Lisa Tomko; Ryal Wheeler; Jeff Armstrong; Dave Heinz; Mike Moore; Kevin Hadden; Chuck Hodge; Mike McCarthy; Michelle Hetherington; Mark Esquer OTHERS PRESENT: Thomas L. Woodruff, General Counsel; Mike Moreland; Greg Giles; Kris Hardeman; Chris Roberts; Irwin Haydock; Jan Vandersloot; Eileen Murphy; Terry Lane; Susan Lindquist; Larry Porter; Sava Nediz Minutes for Board Meeting Page 3 11/28/01 PUBLIC COMMENTS The following persons spoke about ocean discharge issues and expressed their opposition to the waiver: Larry Porter; Jan Vandersloot; Eileen Murphy; Kris Hardeman. REPORT OF THE CHAIR Vice Chairman Green requested those Directors who would not be able to attend the December 19th Board Meeting due to the League of Cities annual meeting to ask their alternates to attend. He then announced that the FAHR Committee meeting would be meeting on Wednesday, January 9, 2002. There would not be a FAHR meeting in December. He also reported the Steering Committee would not meet in December. It was announced that two awards had been received from the Santa Ana River Basin Section of the California Water Environment Association. Bob Ooten, Director of Operations and Maintenance then recognized Dave Heinz for presentation of the Large Plant of the Year award, and Dave Ludwin, Director of Engineering, recognized Chuck Hodge for the Engineering Achievement award for the design of the primary clarifiers at Plant No. 1. Bob Ghirelli, Director of Technical Services, recognized employee Jeff Armstrong, and congratulated him for obtaining his doctorate degree in biological oceanography. REPORT OF THE GENERAL MANAGER The General Manager had no report. REPORT OF THE GENERAL COUNSEL General Counsel Thomas L. Woodruff reported that the matter of Crow Winthrop Development Limited Partnership has been dismissed. CWDLP had filed two separate cases and one was set for trial this month, however CWDLP filed for dismissal of its own case. The court will render the decision of the second case, a Writ of Mandate, in early December. A hearing was held on this issue November 20. It is a very important case because CWDLP is challenging the validity of the District's connection fees and capital facilities capacity charges ordinance. APPROVAL OF MINUTES The Chair ordered that the minutes of the regular meeting held October 24, 2001 be deemed approved, as mailed. Minutes for Board Meeting Page 4 11/28/01 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 10/15/01 10/31/01 Totals $4,833,034.36 $7, 187,723.20 Director Patterson abstained on Warrant No. 39297. Director Leyes abstained. 9. a. CONSENT CALENDAR MOVED, SECONDED AND DULY CARRIED: Receive and file petition from Cornelius Marinescu requesting annexation of 0.688 acres to the District in the vicinity of Country Hill Road and Old Ranch Road in the City of Anaheim; and (2) Adopt Resolution No. OCSD 01-22, authorizing initiation of proceedings to annex said territory to OCSD (Proposed Annexation No. OCSD -21 Marinescu Annexation). b. MOVED, SECONDED AND DULY CARRIED: Approve a second time extension of six months for Cooperative Projects Program Contract No. CP-0001, with the City of Cypress. c. MOVED, SECONDED AND DULY CARRIED: Approve Sewer Service and Connection Agreement with the City of La Mirada and Centex Homes for connection of 132 single-family homes and one commercial lot within a 52.43 acre development (Tract No. 52721 ), in the City of La Mirada within the County of Los Angeles, providing for payment of equivalent annexation acreage fees and for payment of connection fees as the development progresses, in a form approved by General Counsel. NON-CONSENT CALENDAR 11. DRAFT STEERING COMMITTEE MINUTES: A verbal report was presented by Director Green, Vice Chair of the Steering Committee, re the November 28, 2001 meeting. Committee Vice Chair Green reported that the October 24, 2001 Minutes were not approved due to a lack of quorum. The Minutes will be considered at the January committee meeting. Minutes for Board Meeting Page 5 11/28/01 12. DRAFT OPERATIONS, MAINTENANCE AND TECHNICAL SERVICES COMMITTEE MINUTES: A verbal report was presented by Director McGuigan, Chair of the Operations, Maintenance and Technical Services Committee, re the November 7, 2001 meeting. The Chair then ordered the draft Operations, Maintenance and Technical Services Committee Minutes for the meeting held on November 7, 2001 to be filed. c. MOVED, SECONDED AND DULY CARRIED: Approve Amendment No. 1 to the Agreement with Cyclus Envirosystems, Inc. for the Anoxic Gas Flotation Process Demonstration, providing for project delay-related expenses for an additional amount of $40,000, increasing the total amount not to exceed $390,000. d. MOVED, SECONDED AND DULY CARRIED: To amend the motion to authorize the General Manager to deposit into an escrow account (ADAM431) with First American Title Company $15,500 per month, for three months, for lost opportunity compensation, in order to extend the escrow during the performance of due diligence on the Inland Composting and Organic Recycling site. Director Kawashima abstained. 13. DRAFT PLANNING, DESIGN AND CONSTRUCTION COMMITTEE MINUTES: A verbal report was presented by Director Patterson, Vice Chair of the Planning, Design and Construction Committee, re the November 1, 2001 meeting. The Vice Chair then ordered the corrected draft Planning, Design and Construction Committee Minutes for the meeting held November 1, 2001 to be filed. c. MOVED, SECONDED AND DULY CARRIED: Accept Dust Collection Systems for Plant Nos. 1 and 2 Carpenter Shops, Job No. SP19980034R, as complete, authorizing execution of the Notice of Completion, and approve the Final Closeout Agreement. d. MOVED, SECONDED AND DULY CARRIED: Approve Professional Services Agreement with Tetra Tech, Inc. to provide engineering services for the Gisler- Redhill Trunk Improvements Reach B, Contract No. 7-37, for a total amount not to exceed $336,880. e. MOVED, SECONDED AND DULY CARRIED: Approve Addendum No. 2 to the Professional Services Agreement with Tran Consulting Engineers for additional construction support services for Replacement of Back Bay Trunk Sewer, Contract No. 5-46, for an additional amount of $52,721, for a total amount not to exceed $265,839. Minutes for Board Meeting Page 6 11/28/01 f. MOVED, SECONDED AND DULY CARRIED: (1) Approve a budget amendment of $198,578 for Comprehensive Odor Control Program Evaluation and Improvement, Job No. J-71-4, for a total project budget of $1,310,578; and (2) Approve Addendum No. 1 to the Consulting Services Agreement, Specification No. P-189, with CH2M Hill, Inc. for additional engineering services for the Comprehensive Odor Control Program Evaluation and Improvement, Job No. J-71-4, for an additional amount of $198,578, increasing the total amount not to exceed $683,578. g. MOVED, SECONDED AND DULY CARRIED: Authorize the General Manager to negotiate Addendum No. 1 with Water 3 Engineering for the final design phase of Peak Flow Management, Job No. J-67, subject to approval by the Board of Directors on December 19, 2001. h. MOVED, SECONDED AND DULY CARRIED: Approve a budget amendment of $320,000 for Orange-Western Subtrunk Relief Sewer, Contract No. 3-25 (Rebid), for a total project budget of $1,650,000 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 October 2001. d. MOVED, SECONDED AND DULY CARRIED: Receive and file the First Quarter Financial Report for the period ending September 30, 2001. e. MOVED, SECONDED AND DULY CARRIED: Receive and file Quarterly Investment Management Program Report for the period July 1, 2001 through September 30, 2001. f. MOVED, SECONDED AND DULY CARRIED: Receive, file and approve the District's Comprehensive Annual Financial Report (CAFR) for the year ended June 30, 2001, prepared by staff and audited by Moreland and Associates, Certified Public Accountants. g. MOVED, SECONDED AND DULY CARRIED: Select Public Resources Advisory Group (PRAG) and authorize the General Manager to enter into a consultant agreement with PRAG for a three-year period for the 2001-02 fiscal year, with an option of extending the service period for an additional two-year period upon Board approval. Minutes for Board Meeting Page 7 11/28/01 h. MOVED, SECONDED AND DULY CARRIED: Adopt Resolution No. OCSD 01-23, Fixing and Establishing Rules of Procedure for the Conduct of Business of the District, and Repealing Resolution No. OCSD 98-02. i. MOVED, SECONDED AND DULY CARRIED: Upgrade the following five positions that were approved in the FY 01/02 Budget: • One Senior Human Resources Analyst upgraded to a Human Resources Supervisor in Division 510 • One Plant Operator position upgraded to a Senior Plant Operator position in Division 830 • One Senior Mechanic position upgraded to a Maintenance Supervisor in Division 850 • One Programmer position upgraded to an IT Supervisor position in Division 930 • One Project Specialist position upgraded to an IT Strategic Implementation Leader in Division 940 15. DRAFT JOINT GROUNDWATER REPLENISHMENT SYSTEM COOPERATIVE COMMITTEE MINUTES: A verbal report was presented by Director Donahue, representative on the Joint Groundwater Replenishment System Cooperative Committee, re the meeting held on November 14, 2001. The Chair then ordered the draft Joint Groundwater Replenishment System Cooperative Committee Minutes for the meeting held on October 22, 2001 to be filed. 16. Ordinance No. OCSD-16, An Ordinance of the Board of Directors of Orange County Sanitation District, Providing for an Early Retirement Incentive Program by Granting Additional Service Credit to Eligible District Employees as authorized by the County Employees' Retirement Law of 1937, Government Code Section 31641. 04: b. MOVED, SECONDED AND UNANIMOUSLY CARRIED: Read Ordinance No. OCSD-16 by title only and waive reading of said entire ordinance. c. MOVED, SECONDED AND UNANIMOUSLY CARRIED: Introduce Ordinance No. OCSD-16, and pass to second reading and public hearing on December 19, 2001. d. MOVED, SECONDED AND DULY CARRIED: Approve Early Retirement Incentive Agreement with Orange County Employees Retirement System in connection with Ordinance No. OCSD-16. Minutes for Board Meeting Page 8 11/28/01 17 . Ordinance No. OCSD-17, An Ordinance of the Board of Directors of Orange County Sanitation District, Establishing Requirements for the Presentation of Claims or Demands for Payment: b. MOVED, SECONDED AND UNANIMOUSLY CARRIED: Read Ordinance No. OCSD-17 by title only and waive reading of said entire ordinance. c. MOVED, SECONDED AND UNANIMOUSLY CARRIED: Introduce Ordinance No. OCSD-17, and pass to second reading and public hearing on December 19, 2001. 18. There was no closed session. ADJOURNMENT: The Chair declared the meeting adjourned at 8:07 p.m. G:\wp.dta\agenda\Board Minutes\2001 Board Minutes\112801 minutes.doc