HomeMy WebLinkAbout02-27-2002 Board MinutesOrange County Sanitation District
MINUTES
BOARD MEETING
FEBRUARY 27, 2002
ADMINISTRATIVE OFFICES
10844 ELLIS AVENUE
FOUNTAIN VALLEY, CALIFORNIA 92708-7018
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ROLL CALL
A regular meeting of the Board of Directors of the Orange County Sanitation District, was
held on February 27, 2002, 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 Shirley McCracken, Vice Chair Tom Daly
x Mike Alvarez Mark A. Murphy
x Steve Anderson Steve Simonian
x Don Bankhead Jan Flory
x Shawn Boyd John Larson
x Brian Brady Darryl Miller
Debbie Cook x Connie Boardman
x Laurann Cook Larry Crandall
A Brian Donahue David Shawver
A 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 Pat McGuigan Alberta Christy
x Roy Moore Marty Simonoff
A 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
Paul Walker x 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; Mike Moore; Juanita Skillman; Ingrid Hellebrand; Sonja Wassgren;
Jeff Reed; Mark Esquer; Ryal Wheeler; Paula Zeller
OTHERS PRESENT: Thomas L. Woodruff, General Counsel; Don Hughes;David M.
Hernandez; Irwin Haydock; Jan Vandersloot; Terry Lane; Larry Porter; Randy Fuhrman; Joey
Racano; Dennis Baker; Doug Korthof; Don McGee; Eileen Murphy; Bill Butler; Dave Wielenga;
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Les Jones; Ann Norris; Kris Hardeman; Nariman Hadhoud; Keith Bohn; Bob Caustin; Larry
Martinez; Greg Jewell; Paul Arms; Robert Feenstra
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
Board of Supervisors James W. Silva Charles V. Smith
PUBLIC COMMENTS
The following persons spoke about ocean discharge issues and expressed their opposition to
the waiver: Dennis Baker; Irwin Haydock; Paul Arms; Larry Porter; Jan Vandersloot; Don
McGee; Greg Jewell; Eileen Murphy; Bob Caustin; Larry Martinez; Joey Racano; Doug Korthoff.
David Hernandez (former probationary employee) addressed the Directors regarding his
employment termination from the District.
Robert Feenstra, Executive Director of the Milk Producers Council, spoke to the Directors
commending the District's biosolids management program and its positive effects on agriculture.
RESOLUTION OF COMMENDATION
MOVED, SECONDED AND DULY CARRIED: That the Board of Directors adopt a Resolution of
Commendation expressing appreciation to outgoing Director Peter Green for his contribution
and dedication to public service upon his retirement from the District.
REPORT OF THE CHAIR
It was announced that Agenda Item No. 18(d) would need to be removed due to developments
at the Joint Groundwater Replenishment System Cooperative Committee meeting. The item,
approval of the Joint Exercise of Powers Agreement, would be considered at a later date.
Chair Eckenrode then reported that Jeff Brown, Senior Engineer in the Air Quality and Special
Projects Division, has been appointed to the Board of Trustees of the North Orange County
Community College District, which is the third largest community college district in California.
The calendar for the working committees was reviewed for the month of March.
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REPORT OF THE GENERAL MANAGER
Blake Anderson, General Manager, updated the Directors on what is happening on the federal
level with regard to the Clean Water Act and 301 (h) waiver permits.
There are four 301 (h) permit holders in the state of California: San Diego, Goleta, Morro Bay,
and Orange County Sanitation District. Approximately 30 other permit holders are held
throughout the United States including Honolulu, Juneau, the Puerto Rico area, the New
England area, and Pacific Islands area.
Mr. Anderson stated that Goleta and Honolulu have short outfalls about 1 ~ miles long, and they
disinfect their effluent in order to protect beach uses. San Diego does not disinfect its effluent
because of its long outfall and prevailing currents that keep their plume away from recreational
waters.
The permits for San Diego and Goleta are currently up for renewal in California. EPA has
released the draft permit and a tentative affirmative decision granting San Diego a renewal. On
March 13 the EPA and the San Diego Regional Water Quality Control Board will hold a joint
hearing to adopt the final waiver permit for the city of San Diego. The EPA has also indicated
that it will soon release the draft permit and tentative decision granting the city of Goleta a
renewal of its 301 (h) permit.
Mr. Anderson then reported a need to add an item to the agenda which arose subsequent to the
posting of the agenda and which requires action at this time.
MOVED, SECONDED AND DULY CARRIED: (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 Item No. 21 to the Agenda, consideration of actions in connection
with Short-Term Outfall Bacteria Reduction Project, Job No. J-87.
The General Manager then announced that the District's annual marine monitoring report is
available by compact disc as well as paper format, and will also be available on the District's
website soon. The report covers the monitoring data from July 1, 2000 to June 30, 2001. The
2001 summer studies off the Huntington Beach shoreline are not included in this report. An
independent third-party panel of oceanographic experts is currently reviewing that information.
REPORT OF THE GENERAL COUNSEL
Thomas L. Woodruff, General Counsel, reported a need to add two items to the Closed Session,
needing immediate action, which arose subsequent to the posting of the Agenda. General Counsel
stated that these items 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 matters arose subsequent to the
posting of the Agenda, pursuant to authority of California Government Code Section 54954.2(b )(2);
and (2) Add two closed session items, as Item Nos. 19(a)(3) and (4), to the Agenda, to wit: Crow
Winthrop Development Limited Partnership v. Orange County Sanitation District, et al., Orange
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County Superior Court Case No. 01 CC11349 (Government Code Section 54956.9); and
3121 Michelson Drive LLC v. Orange County Sanitation District, et al., Orange County Superior
Court Case No. 01CC16520 (Government Code Section 54956.9).
APPROVAL OF MINUTES
The Chair ordered that the minutes of the regular meeting held February 27, 2002 be deemed
approved, as mailed.
Directors Ken Blake, Connie Boardman and Jim Silva abstained.
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 01/15/02 01/31/02
Totals $4,257 ,294.08 $15,001,835.49
Directors Shawn Boyd, Connie Boardman, Mark Leyes and Jim Silva abstained. Director Alice
Jempsa abstained on Warrant No. 42004.
10. a.
CONSENT CALENDAR
MOVED, SECONDED AND DULY CARRIED: (1) Receive and file petition
from Allen Brian requesting annexation of 1.343 acres to the District in the vicinity
of Cowan Heights Drive and Rangeview Drive in the unincorporated area of
Orange County; and (2) Adopt Resolution No. OCSD 02-03, authorizing initiation
of proceedings to annex said territory to the District (Proposed Annexation No.
OCSD-22 -Brian Annexation).
b. MOVED, SECONDED AND DULY CARRIED: Receive and file Summons and
Complaint re Brown and Caldwell v. Orange County Sanitation District, et. al.,
Contra Costa County Superior Court Case No. C-02-0033, and authorize
General Counsel to appear and defend the interests of the District.
c. MOVED, SECONDED AND DULY CARRIED: Ratify Change Order No. 1 to
Purchase Order No. 100536-0B, issued to OCB Reprographics for Specification
No. 9900-05, for an additional amount of $10,000, for a total amount not to
exceed $110,000, providing for additional copying services.
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NON-CONSENT CALENDAR
12. DRAFT STEERING COMMITTEE MINUTES: A verbal report was presented by Director
Eckenrode, Chair of the Steering Committee, re the February 27, 2002 meeting.
The Chair then ordered the draft Steering Committee Minutes for the meeting held on
January 23, 2002 to be filed.
d. DRAFT URBAN RUNOFF AD HOC COMMITTEE MINUTES: The Chair ordered
the draft Urban Runoff Ad Hoc Committee Minutes for the meeting held on
January 24, 2002 to be filed.
Vice Chair Shirley McCracken presided over the remainder of the meeting as Chair Eckenrode
had to excuse himself from the remainder of the meeting.
MOVED, SECONDED AND DULY CARRIED: That Item No. 21 be considered out of order.
21. Short-Term Outfall Bacteria Reduction Project, Job No. J-87
Blake Anderson, General Manager, advised the Board of Directors that he was seeking
approval to move forward with the construction and operation of disinfection facilities, with the
goal of beginning disinfection within 90 days, subject to regulatory approval. Final budget
approval would be requested after the costs are better known.
Mr. Anderson and Bob Ghirelli, Director of Technical Services, gave a presentation on the need
for the project. Disinfection kills bacteria and viruses. The process would meet beach water
quality standards at the District's outfall, which is 4.2 miles offshore and in 200 feet of water. It
would remove all doubt that the District's discharge is a source of bacteria on the beach. It was
also reported that if bacteria exceedances occur at the beach this summer, the source would
conclusively not be the District.
Mr. Ghirelli reviewed the monitoring program the District has been undertaking since 1972.
There is no scientific data available to date that would indicate our plume has caused bacterial
contamination of the beach. However, monitoring data received on February 11 indicated the
District's plume came very close to the Newport Beach pier, and bacteria levels were detected
at or near the water surface at offshore stations in the Newport Canyon area. The occurrence
of combined conditions at the same time during the monitoring on one day were unique: Santa
Ana winds, deep currents moving the plume down coast, and 6' high tides that were moving the
water towards shore.
Initial chemical costs for disinfection were estimated at $10 million annually. A 15% bleach
solution would most probably be used, which is much safer than liquid chlorine. The effluent
would be closely monitored to insure that no chlorine residual was being produced that would be
harmful to the sea life around the outfall.
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The design, construction and operation of the facilities were estimated at $4 million. Long-term
disinfection options were also briefly reviewed to include: non-chlorine-based chemical
disinfection; ultraviolet light; microfiltration; ozone. It will probably be a three to five year project
before a long-term system would be in place.
Other issues discussed were (a) that disinfection and secondary treatment are separate issues;
(b) that disinfection is targeted towards public health, bacteria and virus issues; and
(c) secondary treatment is primarily an environmental issue with respect to biochemical oxygen
demand and suspended solids.
It was then moved and seconded to approve authorization for the general Manager to negotiate
and procure services, materials, goods and construction contracts required to implement Short-
Term Outfall Bacteria Reduction Project, Job No. J-87, at an undetermined cost to be subject to
future ratification by the Board of Directors.
Directors entered into a lengthy discussion and asked for clarification on estimated costs. Staff
answered Directors' questions with regard to the process of disinfection; length of time process
would be implemented; possibility of utilizing different chemicals; environmental review and
process; improving water quality v. masking the problem; and disinfecting all wastewater. In
response to some of the questions, Mr. Anderson reported that there is no direct evidence that
the plume has reached the beach, but the data received on February 11 showed it to be closer
to the surface than all prior readings. He noted that the bacteria level was only at 1 % of the
allowable state standard and thus posed no health hazard. He stated that by going forward with
disinfection within 90 days would remove the District from any possibility whatsoever of being
the responsible source this summer if there are any beach contamination issues.
The following persons expressed their opposition of the disinfection project as proposed: Bob
Caustin; Larry Porter; Joey Racano; Jan Vandersloot; Irwin Haydock; Paul Arms.
A substitute motion was then made to continue consideration of authorization for the General
Manager to negotiate and procure services, materials, goods and construction contracts
required to implement Short-Term Outfall Bacteria Reduction Project, Job No. J-87, at an
undetermined cost to be subject to future ratification by the Board of Directors, for 30 days.
Following further discussion among the Directors, the substitute motion was amended.
MOVED, SECONDED AND DULY CARRIED: Authorize the General Manager to negotiate and
procure services related to Short-Term Outfall Bacteria Reduction Project, Job No. J-87, in an
amount not to exceed $200,000; provide a written report to the Board with more accurate
estimates of costs for chemical and other disinfection alternatives; and include the 1996
20-Meter Study as a part of the written report for consideration and approval at the March 2002
meeting.
Four votes in opposition to the substitute motion, as amended, were recorded.
13. 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 February 6, 2002 to be filed.
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c. MOVED, SECONDED AND DULY CARRIED: Approve a Professional Services
Agreement with Black and Veatch to provide engineering services for the design
and installation support of Primary Clarifier Drive Replacement, Job No. P2-85,
and Sludge Blanket Indicator Installation, Job No. SP-73, for an amount not to
exceed $353,000.
d. MOVED, SECONDED AND DULY CARRIED: Award a sole source contract with
Hill Brothers Chemical Company for the Purchase of Magnesium Hydroxide
Solution, for the period of March 18, 2002 through June 30, 2002, for an
estimated amount not to exceed $95,000.
e. MOVED, SECONDED AND DULY CARRIED: Approve additional funding for
Cooperative Projects for FY2001-02 Phase II related to inflow and infiltration
reduction in the amount of $3,480,206, increasing the total FY2001-02 funding
amount from $2,555,213 to $6,035,419, as recommended by the Guidance
Review Committee.
f. MOVED, SECONDED AND DULY CARRIED: Approve an increase in
Cooperative Projects funding for sewer rehabilitation work with Sunset Beach
Sanitary District, Contract No. CP-0118, in the amount of $21,920, increasing the
project from $47,800 to an amount not to exceed $69,720.
g. MOVED, SECONDED AND DULY CARRIED: (1) Suspend the payment of
$15,500 per month for an escrow extension into an account (ADAM431) with
First American Title Company for lost opportunity compensation during the
performance of due diligence on ICOR; and (2) Continue to conduct due
diligence research of the ICOR site for the use as a biosolids composting option.
14. DRAFT PLANNING, DESIGN AND CONSTRUCTION COMMITTEE MINUTES
The Chair ordered the draft Planning, Design and Construction Committee Minutes for
the meeting held February 7, 2002 to be filed.
c. MOVED, SECONDED AND DULY CARRIED: Accept Fuzzy Filter Pipe
Installation, Job No. SP2000-41, with Olsson Construction Company as
complete, authorizing execution of the Notice of Completion and approving the
Final Closeout Agreement.
d. MOVED, SECONDED AND DULY CARRIED: (1) Ratify Change Order No. 1 to
Tenant Improvements to Fleet Services, Job No. SP19990022, with MVP
Commercial, Inc., authorizing an addition of $7,215, increasing the total contract
amount to $93,715; and (2) Accept Tenant Improvements to Fleet Services, Job
No. SP19990022, as complete, authorizing execution of the Notice of Completion
and approving the Final Closeout Agreement with MVP Commercial, Inc.
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e. MOVED, SECONDED AND DULY CARRIED: (1) Approve a budget amendment
of $190,000 to Junction Structure Upgrade, Job No. SP2000-29, for a total
budget of $472,200; and (2) Ratify Change Order No. 1 to Junction Structure
Upgrade, Job No. SP2000-29, with Mike Prlich and Sons, Inc., authorizing an
addition of $163,552.97 and a time extension of 44 days, increasing the total
contract amount to $352,252.97.
f. MOVED, SECONDED AND DULY CARRIED: Approve Addendum No. 10 to the
Professional Services Agreement with Parsons Engineering Science, Inc., for
Plant Reinvention/Automation Project, Job No. J-42, providing additional
engineering services for reinvention idea benefit/cost evaluation for an additional
amount of $106,218, increasing the total amount not to exceed $9,468,816.
g. MOVED, SECONDED AND DULY CARRIED: Approve Addendum No. 6 to the
Professional Services Agreement with Brown and Caldwell for Design of Primary
Clarifiers 16-31 and Related Facilities, Job No. P1-37, providing for additional
engineering services in the amount of $1,602,797 for a total amount not to
exceed $5,205,904.
h. MOVED, SECONDED AND DULY CARRIED: (1) Approve plans and
specifications for Landscape and Irrigation at Plant No. 2, Job No. P2-84, on file
at the office of the Board Secretary; and (2) Authorize the General Manager to
establish the date for receipt of bids for Landscape and Irrigation at Plant No. 2,
Job No. P2-84.
i. MOVED, SECONDED AND DULY CARRIED: Approve a sole source purchase
order with OCB for reprographics services for Headworks Improvements at Plant
No. 2, Job No. P2-66, in the amount of $200,000.
j. MOVED, SECONDED AND DULY CARRIED: (1) Approve a budget amendment
of $2,480,000 for a total budget of $36, 186,000 for Bushard Trunk Sewer
Rehabilitation, Job No. 1-2-4; and (2) Approve Addendum No. 4 to the
Professional Services Agreement with Boyle Engineering Corporation for
Bushard Trunk Sewer Rehabilitation, Job No. 1-2-4, providing for additional
design engineering services for an additional amount of $237,567, increasing the
total amount not to exceed $1,205,475.
15. DRAFT FINANCE, ADMINISTRATION AND HUMAN RESOURCES COMMITTEE
MINUTES: The Chair ordered the draft Finance, Administration and Human Resources
Committee Minutes for the meeting held on February 13, 2002 to be filed.
c. MOVED, SECONDED AND DULY CARRIED: Receive and file Treasurer's
Report for the month of January 2002.
d. MOVED, SECONDED AND DULY CARRIED: Receive and file the Mid-Year
Financial Report for the period ending December 31, 2001.
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e. MOVED, SECONDED AND DULY CARRIED: Receive and file Quarterly
Investment Management Program Report for the period October 1, 2001 through
December 31, 2001.
f. MOVED, SECONDED AND DULY CARRIED: Adopt Resolution No. OCSD
02-04, Establishing a Business Mentor Program In Cooperation with the
Orangewood Children's Foundation.
g. MOVED, SECONDED AND DULY CARRIED: Adopt Resolution No. 02-05,
Adopting Policies and Procedures for Establishing the District's Written Injury and
Illness Prevention Program Policy, SAFETY-POL-101, and Subsequent Safety
Policies Named Therein.
h. MOVED, SECONDED AND DULY CARRIED: Adopt Resolution No. OCSD
02-06, Amending Resolution No. OCSD 98-33, Amending Human Resources
and Policies Procedures Manual, providing for immediate reinstatement of a
Safety Supervisor classification at pay range E11 ($65, 164-$92, 192).
16. MOVED, SECONDED AND DULY CARRIED: Authorize the General Manager to
execute contract amendments to the existing "As Available Capacity and Energy Power
Purchase Agreements" with Southern California Edison, as follows, providing for the
method of payment by Edison of money owed to the District for power sold to Edison
from November 2000 through March 2001,in a form approved by General Counsel:
• Amendment No. 1 to Agreement Implementing Section 4.4 of Amendment No. 1 to
Power Purchase Agreement -QFID 2640 (for Plant 1 ), including Conditional
Release and Waiver
• Amendment No. 1 to Agreement Implementing Section 4.4 of Amendment No. 1 to
Power Purchase Agreement -QFID 1098 (for Plant 2), including Conditional
Release and Waiver
Director Shawn Boyd abstained.
17. MOVED, SECONDED AND DULY CARRIED: Approve plans and specifications for
Investigation and Repair of Ocean Outfalls, Job No. J-39, on file at the office of the
Board Secretary; (2) Approve Addendum No. 1 to the plans and specifications;
(3) Receive and file Bid Tabulation and Recommendation; and (4) Award a contract to
Connolly-Pacific Company for Investigation and Repair of Ocean Outfalls, Job No. J-39,
for an amount not to exceed $4,873,000.
18. DRAFT JOINT GROUNDWATER REPLENISHMENT SYSTEM COOPERATIVE
COMMITTEE MINUTES: The Chair ordered the Joint Groundwater Replenishment
System Cooperative Committee Minutes for the meetings held on January 14, 2002 and
January 28, 2002 to be filed.
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c. MOVED, SECONDED AND DULY CARRIED: Approve Professional Services
Agreement between Orange County Water District and Montgomery Watson
Harza to provide construction management services for four years for the
Groundwater Replenishment System, Job No. J-36, for a total amount not to
exceed $10,993,038, with Orange County Sanitation District and Orange County
Water District paying equal shares not to exceed $5,496,519.
Director Brian Brady opposed. Director Steve Anderson abstained.
d. Item removed.
19. CONVENE IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION
54956.9: The Board convened in closed session at 9:29 p.m., pursuant to Government
Code Section 54956.9, to discuss Agenda Item Nos. 19 (a)(1 ), (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. No reportable action was taken re Agenda Item Nos.
19(a)(1) and (3). A report of the action taken re Agenda Item No. 19(a)(2) will be
reported at the time the approved action becomes final.
RECONVENE IN REGULAR SESSION: At 9:46 p.m., the Board reconvened in regular
session.
It was moved, seconded and unanimously carried to (1) receive and file Summons and
Petition for Writ of Mandate, 3121 Michelson Drive LLC v. Orange County Sanitation
District, et al., Orange County Superior Court Case No. 01CC16520; and (2) authorize
General Counsel to appear and defend the interests of the District.
ADJOURNMENT: The Vice Chair declared the meeting adjourned at 9:46 p.m.
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