HomeMy WebLinkAbout12-19-2001 Board MinutesOrange County Sanitation District
MINUTES
BOARD MEETING
DECEMBER 19, 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 December 19, 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 Mike Alvarez Mark A. Murphy
A Steve Anderson Steve Simonian
A Don Bankhead Jan Flory
A Shawn Boyd John Larson
x Brian Brady Darryl Miller
x Guy Carrozza Larry Crandall
Debbie Cook x Connie Boardman
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
x Beth Krom Greg Smith
x Mark Leyes Bruce Broadwater
x Shirley McCracken Tom Daly
Pat McGuigan x Alberta Christy
x Roy Moore Marty Simonoff
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
x Jim Silva Chuck Smith
A 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; Brian Bingman; Marc Dubois; Anne Marie Feery; Darius Ghazi; Nick
Arhontes; Layne Baroldi; Chuck Forman
OTHERS PRESENT: Thomas L. Woodruff, General Counsel; Irwin Haydock; Jan Vandersloot;
Eileen Murphy; Terry Lane; Larry Porter; Randy Fuhrman; Joey Racano; Dennis Baker; Doug
Korthof; Jim Sullivan; Gil Gamboa; Tom Dawes; Wes Bannister; Don Hughes; Greg Jewell; Don
McGee; Dean Albright; Arlene Schafer
Minutes for Board Meeting
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3. MOVED, SECONDED AND DULY CARRIED: Receive and file minute excerpts from the
following re appointment of active and alternate Directors, as follows: (*Mayor)
City/Agency Active Director Alternate Director
Huntington Beach Debbie Cook* Connie Boardman
La Habra Steve Anderson Steve Simonian*
Orange Mike Alvarez Mark A. Murphy*
Directors Silva and Boardman abstained.
PUBLIC COMMENTS
The following persons spoke about ocean discharge issues and expressed their opposition to
the waiver: Joey Racano; Dennis Baker; Larry Porter; Don McGee; Jan Vandersloot; Greg
Jewell; Eileen Murphy; Doug Korthoff.
RESOLUTION OF COMMENDATION
MOVED, SECONDED AND DULY CARRIED: That the Board of Directors adopt a Resolution of
Commendation expressing appreciation to outgoing Director Guy Carrozza for his contribution
and dedication to public service upon his retirement from the District.
REPORT OF THE CHAIR
It was announced that all of the standing committees except the FAHR Committee and Steering
Committee would be dark in the month of January. The Ad Hoc Committee meeting on Urban
Runoff will be meeting sometime in January.
Director Mike Alvarez from the City of Orange and alternate Director Connie Boardman of
Huntington Beach were welcomed. It was announced that a New Directors' Workshop would be
scheduled after the New Year. All Directors would be welcome to attend, as well as alternate
Directors and key staff.
Chair Eckenrode reported CASA is holding its mid-year conference in Palm Springs
January 16-19. Interested Directors are to notify Jean Tappan.
MOVED, SECONDED AND DULY CARRIED: Item 20(f) was requested to be taken out of order
for consideration prior to the consent calendar.
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REPORT OF THE GENERAL MANAGER
Blake Anderson reported on the Orange County Leadership Symposium flyer included in the
Directors folders that evening and gave a brief overview of the speakers and topics that would
be covered. The meeting would be held January 13-151h. He encouraged all Directors to
attend.
He referred the Directors to another flyer included in their meeting folders regarding a grease
control advanced training course. It is a two-day course on January 29-301h in Irvine.
Bob Ghirelli was then recognized who gave an update on the recent meeting held by the
Regional Water Quality Control Board regarding the new regulations on storm water runoff and
local sewers.
Mr. Anderson reported that on Tuesday, December 18th, the Kings County Board of
Supervisors voted to reject the District's appeal for an eight-year extension for the land
application of Class B biosolids. The Kings County Biosolids Ordinance allows for the use of
biosolids processed into a Class A product. District's staff is evaluating technologies to produce
Class A biosolids to be used on the Kings County land.
REPORT OF THE GENERAL COUNSEL
General Counsel Thomas L. Woodruff reported that the Honorable Thomas N. Thrasher of the
Orange County Superior Court rendered his ruling on the Writ of Mandate case filed by Crow
Winthrop Development Limited Partnership. The ruling was in the District's favor in all respects.
It was then reported there was a need to add one item to the Closed Session, needing
immediate action, which arose subsequent to the posting of the Agenda. General Counsel
stated that this item could be added pursuant to California Government Code Section
54954.2(b)(2) upon a two-thirds vote of the Board.
It was moved, seconded and duly carried to: (1) Find that the matter arose subsequent to the
posting of the Agenda, pursuant to authority of California Government Code Section
54954.2(b)(2); and (2) Add an item re: Confer with General Counsel -Anticipated Litigation,
California Government Code Section 54956.9(c): One (1) potential case.
APPROVAL OF MINUTES
The Chair ordered that the minutes of the regular meeting held November 28, 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.
Minutes for Board Meeting
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ALL DISTRICTS 11/15/01 11/30/01
Totals $5,299,426.15 $5,899,430.44
Director Kawashima abstained on Warrant Nos. 40251 and 40253. Director Leyes abstained on
Warrant Nos. 39932 and 40019. Director Patterson abstained on Warrant No. 40066.
20. f.
9. a.
Wes Bannister, Orange County Water District Director, and Mike Heffernan, of
Aon, gave a detailed presentation of the Owner Controlled Insurance Program for
Workers' Compensation and Excess General Liability with regard to the
Groundwater Replenishment System project, outlining the potential savings
identified with the program and indicating that authorizing the insurance contracts
prior to January 1, 2002, will avoid the added costs anticipated to occur on that
date.
MOVED, SECONDED AND DULY CARRIED: Approve the GWRS Owner
Controlled Insurance Program for Workers' Compensation and Excess General
Liability with Zurich, for the period December 15, 2001 through February 1, 2006,
with Orange County Sanitation District and Orange County Water District paying
equal shares not to exceed $2,942, 155.
CONSENT CALENDAR
MOVED, SECONDED AND DULY CARRIED: Approve a second time extension
of six months for Cooperative Projects Program Contract No. CP-0006, with the
City of Huntington Beach.
NON-CONSENT CALENDAR
11. DRAFT OPERATIONS, MAINTENANCE AND TECHNICAL SERVICES COMMITTEE
MINUTES: A verbal report was presented by Director Ferryman, Vice Chair of the
Operations, Maintenance and Technical Services Committee, re the December 5, 2001
meeting.
The Chair then ordered the draft Operations, Maintenance and Technical Services
Committee Minutes for the meeting held on December 5, 2001 to be filed.
c. MOVED, SECONDED AND DULY CARRIED: Approve Professional Services
Agreement with Cathcart, Garcia and von Langen Engineers to provide
engineering services for Activated Sludge Aeration Basin Selector Study, Project
SP-74, for a total amount not to exceed $80,000.
Minutes for Board Meeting
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d. Gil Gamboa, President of Corporate Image, addressed the Directors requesting
them to reconsider awarding the contract for janitorial services to US Metro
Group. Corporate Image is the current janitorial service provider and his
proposal was lower in cost. Bob Ooten, Director of Operations and Maintenance,
explained the evaluation of proposals and the reasons why staff was
recommending award of the contract to US Metro Group.
MOVED, SECONDED AND DULY CARRIED: Award a contract for Custodial
Maintenance Services, Specification No. S-2001-58, to US Metro Group, Inc. for
the period of February 4, 2002 through February 3, 2003, for a total contract
amount not to exceed $320,000, and four one-year renewal options.
Directors Alberta Christy, Mike Duvall and Joy Neugebauer opposed.
13. DRAFT PLANNING, DESIGN AND CONSTRUCTION COMMITTEE MINUTES: A verbal
report was presented by Director Brady, Member of the Planning, Design and
Construction Committee, re the December 6, 2001 meeting.
The Chair then ordered the draft Planning, Design and Construction Committee Minutes
for the meeting held December 6, 2001 to be filed.
c. MOVED, SECONDED AND DULY CARRIED: Ratify Change Order No. 6 to
Chemical Facility Modifications, Job No. P1-46-2, and Chemical Flow Pacing for
Primary Influent, Job No. J-53, with SS Mechanical Corporation, authorizing an
addition of $42,921 and a time extension of 355 calendar days, increasing the
contract amount to $2,672, 141.
d. MOVED, SECONDED AND DULY CARRIED: Approve Addendum No. 1 to the
Professional Services Agreement with Black & Veatch Corporation providing for
additional engineering services for Trickling Filter Rehabilitation and New
Clarifiers, Job No. P1-76, for an additional amount of $1,764,270, increasing the
total amount not to exceed $4, 114,479.
e. MOVED, SECONDED AND DULY CARRIED: (1) Authorize the General
Manager to negotiate with the Coast Community College District to establish a
joint project agreement to be approved by the Board of Directors in connection
with the Replacement of the Rocky Point Pump Station, Contract No. 5-50; and
(2) Authorize the General Manager to negotiate with International Bay Clubs, Inc.
for the purchase of real properties located at 1700 to 2000 West Pacific Coast
Highway, Newport Beach for Replacement of the Rocky Point Pump Station,
Contract No. 5-50.
f. MOVED, SECONDED AND DULY CARRIED: Approve Addendum No. 2 to the
Professional Services Agreement with RW Beck, Inc. for design and construction
support for Rehabilitation of the Westside Pump Station, Contract No. 3-52;
Rehabilitation of the Bay Bridge Pump Station, Contract No. 5-53; Rehabilitation
of the Crystal Cove Pump Station, Contract No. 5-54; and Rehabilitation of the
Minutes for Board Meeting
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Edinger Pump Station, Contract No. 11-28, providing for additional engineering
services for an additional amount of $186, 105, increasing the total amount not to
exceed $685,405.
g. MOVED, SECONDED AND DULY CARRIED: Approve Addendum No. 1 to the
Professional Services Agreement with Water 3 Engineering for Peak Flow
Management at Plant Nos. 1 and 2, Job No. J-67, providing for additional
engineering services for final design and construction support phases for an
additional amount of $735,509, increasing the total amount not to exceed
$1, 132,937.
13. MOVED, SECONDED AND DULY CARRIED: Receive and file Treasurer's Report for
the month of November 2001.
14. MOVED, SECONDED AND DULY CARRIED: Approve agreement with California State
University of Fullerton for payment of Capital Facilities Capacity Charges in the total
amount of $200,000, at the rate of $5,000 quarterly over a period of ten years, in a form
approved by General Counsel.
15. MOVED, SECONDED AND DULY CARRIED: Ratify use of General Manager's
emergency purchasing authority, Resolution No. OCSD 99-23, for Purchase Order No.
30761, issued to Mike Prlich & Sons for Emergency Repair of Pacific Coast Highway
Force Main, Line A, Contract No. 5-57, for a total amount not to exceed $1,050,000; and,
2) Approve a change order to Purchase Order No. 30761 issued to Mike Prlich & Sons,
Inc. for Emergency Repair of Pacific Coast Highway Force Main, Line A, Contract No. 5-
57, for an additional amount of $700,000, for a total amount not to exceed $1,750,000.
16. MOVED, SECONDED AND DULY CARRIED: (1) Approve plans and specifications for
the Orange-Western Subtrunk Relief Sewer, Contract No. 3-25 (Rebid), on file at the
offices of the Board Secretary; (2) Receive and file bid tabulation and recommendation;
(3) Receive and file request of lowest bidder, Southern California Underground
Contractors, Inc. to withdraw bid; (4) Accept the request and allow the withdrawal of
Southern California Underground Contractors, Inc.; and (5) Award a contract to Elser
Constructors, Inc. for Orange-Western Subtrunk Relief Sewer, Contract No. 3-25
(Rebid), for an amount not to exceed $1, 159,999.
17. MOVED, SECONDED AND DULY CARRIED: Approve Addenda Nos. 1, 2, and 3 to the
plans and specifications for Scrubber Monitor and Control Project, Job No. J-71-7, on file
at the office of the Board Secretary; (2) Receive and file bid tabulation and
recommendation; and (3) Award a contract to Margate Construction, Inc. for Scrubber
Monitor and Control Project, Job No. J-71-7, for an amount not to exceed $1, 163,500.
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18. a. Actions regarding approving the Final Initial Study/Mitigated Negative Declaration
for the Rehabilitation of the 14th Street Pump Station, Contract No. 5-51:
1. Dave Ludwin, Director of Engineering, gave a brief overview of the
project. He also reported a need to amend the actions to receive and file
staff's response to comments.
2. MOVED, SECONDED AND DULY CARRIED: Adopt Resolution
No. OCSD 01-24, Making Certain Findings Relating To Less Than
Significant Environmental Effects Identified in the Initial Study I Mitigated
Negative Declaration for the Rehabilitation of the 14th Street Pump
Station; Approving Mitigation Measures; Adopting the Final Initial Study I
Mitigated Negative Declaration for the Rehabilitation of the 14th Street
Pump Station; Authorizing the Filing of a Notice of Determination re said
project; and Adopting a Mitigation Monitoring and Reporting Program.
Director Ridgeway abstained.
3. MOVED, SECONDED AND DULY CARRIED: Receive and file the
response to comments.
b. MOVED, SECONDED AND DULY CARRIED: Approve the purchase of real
property located at 1514 West Balboa Blvd., Newport Beach, California from
Karen Santaniello, Cynthia Peck, and Steven Peck at an amount not to exceed
$405,000.
Director Ridgeway abstained.
c. MOVED, SECONDED AND DULY CARRIED: Approve a budget amendment of
$405,000 for Rehabilitation of the 14th Street Pump Station, Contract No. 5-51,
for a total project budget of $2,616,000.
Director Ridgeway abstained.
19. Consideration of the following actions regarding environmental documentation required
to modify the certified 1999 Strategic Plan Final Program Environmental Impact Report:
a. MOVED, SECONDED AND DULY CARRIED: Receive and file Addendum No. 2
for the Landscape and Irrigation at Plant No. 2, Job No. P2-84;
b. MOVED, SECONDED AND DULY CARRIED: Receive and file Addendum No. 3
for the Bushard Trunk Sewer Rehabilitation, Job No. 1-2-4;
c. MOVED, SECONDED AND DULY CARRIED: Receive and file Addendum No. 4
for the Warner Avenue Relief Sewer, Contract No. 11-22; and,
d. MOVED, SECONDED AND DULY CARRIED: Receive and file a Notice of
Exemption for the Area Classification Implementation Plan, Plant Nos. 1 and 2,
Job No. J-35-2.
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20. 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 December 10, 2001.
The Chair then ordered the draft Joint Groundwater Replenishment System Cooperative
Committee Minutes for the meeting held on November 14, 2001 to be filed.
c. MOVED, SECONDED AND DULY CARRIED: Approve Addendum No. 4 to the
Professional Services Agreement with Camp, Dresser & McKee Inc. for an
additional amount of $369,000, for a total amount not to exceed $35,333, 107, for
changes in the Scope of Work to the final design for the Groundwater
Replenishment System, Job No. J-36, with the Orange County Sanitation District
and the Orange County Water District paying equal shares of $184,500.
d. MOVED, SECONDED AND DULY CARRIED: Approve Change Order No. 3 to
Separation Processes, Inc., Orange County Water District Task Order No.
201301, for an additional amount of $114,665, increasing the total amount not to
exceed $2,016,075, for changes in the Scope of Work to the final design of
membrane systems for the Groundwater Replenishment System, Job No. J-36,
with Orange County Sanitation District and Orange County Water District paying
equal shares of $57,333.
e. MOVED, SECONDED AND DULY CARRIED: Approve an Orange County Water
District Task Order in an amount not to exceed $143,960 to Howard Almgren for
the Howard Almgren team to complete value engineering services at the 70%
design level for the Groundwater Replenishment System, Job No. J-36, with
Orange County Sanitation District and the Orange County Water District paying
equal shares of $71,980 each.
21. Actions re proposed 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:
a. The Director of Human Resources and General Counsel gave verbal reports on
the proposed ordinance and the process of adopting the ordinance.
b. MOVED, SECONDED AND DULY CARRIED: Receive and file written
comments, if any.
c. OPEN PUBLIC HEARING: The Chair declared the hearing open at 9:35 p.m.
Randy Furhman addressed the Board asking them to reconsider the overall
policy of granting additional time to some employees for retirement and not for
others.
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d. CLOSE PUBLIC HEARING: The Chair declared the hearing closed at 9:40 p.m.
e. There was no discussion by the Board of Directors
f. 1. MOVED, SECONDED AND UNANIMOUSLY CARRIED: To read
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 by title only and waive
reading of said entire ordinance.
2. MOVED, SECONDED AND UNANIMOUSLY CARRIED: Adopt
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.
22. Adopt 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:
a. General Counsel gave a brief report on the proposed ordinance.
b. MOVED, SECONDED AND UNANIMOUSLY CARRIED: Receive and file written
comments, if any
c. OPEN PUBLIC HEARING: The Chair declared the hearing open at 9:42 p.m.
d. CLOSE PUBLIC HEARING: The Chair declared the hearing closed at 9:43 p.m.
e. There was no discussion by the Board of Directors
f. Recommended actions:
1. MOVED, SECONDED AND UNANIMOUSLY CARRIED: Motion to read
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, by title only and waive
reading of said entire ordinance.
2. MOVED, SECONDED AND UNANIMOUSLY CARRIED: Motion to adopt
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.
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23. CONVENE IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION
54956.9: The Board convened in closed session at 9:43 p.m., pursuant to Government
Code Section 54956.9, to discuss Agenda Item 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. No action was taken re Agenda Item Nos. 23(a)(1) and (2).
RECONVENE IN REGULAR SESSION: At 10:08 p.m., the Board reconvened in regular
session.
ADJOURNMENT: The Chair declared the meeting adjourned at 10:08 p.m.
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