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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 Page 2 12/19/01 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 Page 3 12/19/01 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. Minutes for Board Meeting Page 4 12/19/01 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 Page 5 12/19/01 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 Page 6 12/19/01 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 Page 7 12/19/01 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. Minutes for Board Meeting Page 8 12/19/01 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. Minutes for Board Meeting Page 9 12/19/01 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. Minutes for Board Meeting Page 10 12/19/01 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. Minutes for Board Meeting Page 11 12/19/01 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. G:\wp .dta\agenda\Board Minutes\2001 Board Minutes\112801 minutes .doc