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
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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
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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.
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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.
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.
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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.
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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.
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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.
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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.
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