HomeMy WebLinkAbout03-27-2002 Board MinutesOrange County Sanitation District
MINUTES
BOARD MEETING
MARCH 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 March 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
x Debbie Cook Connie Boardman
x Laurann Cook Larry Crandall
x Brian Donahue David Shawver
x James M. Ferryman Arlene Schafer
John M. Gullixson x Michael Duvall
x Alice B. Jempsa Arthur DeBolt
x Tony Kawashima Tracy Worley
Beth Krom x Greg Smith
x Mark Leyes Bruce Broadwater
x Pat McGuigan 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
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; Jim Benzie; Dennis May; Juanita Skillman; Ingrid Hellebrand; Sonja
Wassgren; Jim Herberg; Mark Esquer; Ryal Wheeler; Fred O'Brien; Simon Watson; Mahin
Talebi; Brian Bingman; Catherine Biele
OTHERS PRESENT: Thomas Nixon, General Counsel; Irwin Haydock; Jan Vandersloot; Larry
Porter; Randy Fuhrman; Joey Racano; Dennis Baker; Doug Korthof; Eileen Murphy; Bill Butler;
Les Jones; Greg Jewell; Charles T. Montoya; Marc Samulewicz; Wes Lewison; Colleen T.
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Roque; Don Slaven; Sima Vajdan; Carl Neuhausen; George Carlson; Art Perry; Rocky Zoetec;
Dean Albright; Ron Pina; Steve Ray; Mehmet Kitis; Kimo Look; Ben Wilson; Fred Soronshian
PUBLIC COMMENTS
The following persons spoke about ocean discharge issues and expressed their opposition to
the waiver: Doug Korthoff; Steve Ray; Joey Racano; Dennis Baker; Larry Porter; Colleen
Roque; Irwin Haydock; Dean Albright; Greg Jewell; Wes Lewison; Marc Samulewicz; Eileen
Murphy.
Charles Montoya of Pioneer America, the District's current chemical supplier, spoke in support
of the District's proposal to disinfect the effluent with bleach.
Randy Fuhrman requested the Directors to consider different alternatives other than bleach as a
permanent solution of disinfection.
RESOLUTIONS OF COMMENDATION
MOVED, SECONDED AND DULY CARRIED: That the Board of Directors adopt a Resolution of
Commendation expressing appreciation to James (Jim) Benzie, Source Control Supervisor, for
his contribution and dedication to 40 years of public service upon his retirement from the
District.
MOVED, SECONDED AND DULY CARRIED: That the Board of Directors adopt a Resolution of
Commendation expressing appreciation to Dennis May, Principal Engineering Associate, for his
contribution and dedication to 36 years of public service upon his retirement from the District.
MOVED, SECONDED AND DULY CARRIED: That the Board of Directors adopt a Resolution of
Commendation expressing appreciation to Ronald (Ron) Parker, Project Specialist, for his
contribution and dedication to 32 years of public service upon his retirement from the District.
MOVED, SECONDED AND DULY CARRIED: That the Board of Directors adopt a Resolution of
Commendation expressing appreciation to Bill Mills, General Manager of the Orange County
Water District, for his contribution and dedication to public service upon his retirement from the
Water District.
REPORT OF THE CHAIR
Chair Eckenrode reviewed the calendar for the working committees for the month of April.
REPORT OF THE GENERAL MANAGER
Blake Anderson, General Manager, reported on Assembly Bill 1892, authored by Tom Harman,
which give the District the ability to help manage urban runoff in Orange County. He reviewed
the progress made to date with flow diversion with the City of Huntington Beach and the County.
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Since then beach sampling data indicates a 50% decrease in beach contamination, and the
District is receiving approximately 2 million gallons of dry weather runoff on dry weather days.
With the Harman Bill in place, staff envisions: (1) Continuing dry weather diversions at those
locations where water quality and environmental standards are being impacted with no other
practical solution available; (2) Participating in planning and evaluation studies with the County
and stakeholder cities to identify problems, setting priorities and developing technical
approaches to solve those problems; (3) Emphasize opportunities to use treatment and
impound alternatives other than diversions; and (4) Develop/fund a grant program similar to the
cooperative projects program currently in place, which would be a matching grant program for
those projects that meet certain qualifications.
Mr. Anderson reported staff has been successful in enlisting Assemblyman Harman to get the
permissive language to do this. The Bill left Committee the prior week with a unanimous 11-0
vote, and it is expected that as the Bill moves on to the floor of the Assembly and the Senate
over the next few weeks, that it would be approved. There was opposition registered by
Friends of Harbors, Beaches, and Parks. They see a correlation between opposition to the
waiver and what the District is trying to do with urban runoff. The legislative analyst did address
the issue at length for the Committee and stated, "It wasn't clear how authorizing OCSD to
develop and operate urban runoff treatment facilities has any bearing one way or the other on
the on-going controversy over the 301 (h) waiver. It could be argued that being able to treat
urban runoff, even to the currently permissible levels, would still be considerably better for the
environment than doing nothing." Mr. Anderson further stated that under Proposition 218, the
District would be able to pass on user fees to recover the costs of facilities for diversions.
Mr. Anderson then updated the Directors on the Bill authored by Ken Maddox, that would
prevent the District from applying for an additional 301 (h) waiver and would require OCSD to
move to full secondary treatment. Staff is rewriting the Bill to accomplish what they had
originally intended. The Bill, as currently written, also applies to facilities in Goleta, San Diego
and Morro Bay. It is staffs understanding that the Bill will be rewritten to apply only to OCSD. If
the State decides to inject itself into this issue, Mr. Anderson will be seeking approval to go to
Sacramento to look for $400 million to come along with that Bill. The Bill was discussed in the
Steering Committee and staff will work with Assemblyman Maddox's office to try to persuade
him to drop his Bill.
It was then reported that staff hopes to move up the time for a tentative board decision on level
of treatment to the May and June time frame . The five areas of concern that will be provided to
the Board and the public are treatment technology, ocean science, financial implications,
regulatory setting, and public input. Mr. Anderson reported that two budgets are being
prepared. Budget A incorporates no change in the treatment process. Budget B will identify the
incremental costs for disinfection and the incremental costs for additional secondary treatment.
A permit application will need to be submitted to the EPA in December 2002 regardless of what
the District is applying for.
REPORT OF THE GENERAL COUNSEL
Assistant General Counsel Tom Nixon indicated there would be a need for closed session.
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APPROVAL OF MINUTES
The Chair ordered that the minutes of the regular meeting held February 27, 2002 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.
ALL DISTRICTS 02/15/02 02/28/02
Totals $6, 133,057.04 $4,246,859. 77
Director Mark Leyes abstained. Director Tony Kawashima abstained on Warrant No. 42028,
and Director Russ Patterson abstained on Warrant No. 42070.
9. a.
CONSENT CALENDAR
MOVED, SECONDED AND DULY CARRIED: Approve sewer easement
agreement with Armstrong Ranch co-owners for the Armstrong Ranch
development in the city of Santa Ana, at no cost to the District, in a form
approved by General Counsel.
b. MOVED, SECONDED AND DULY CARRIED: Approve a second time extension
of six months for Cooperative Projects Program Contract No. CP-0005, with the
City of Huntington Beach.
NON-CONSENT CALENDAR
11. DRAFT STEERING COMMITTEE MINUTES: A verbal report was presented by Director
Eckenrode, Chair of the Steering Committee, re the March 27, 2002 meeting.
The Chair then ordered the draft Steering Committee Minutes for the meeting held on
February 27, 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
February 28, 2002 to be filed.
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 March 6, 2002
meeting.
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The Chair then ordered the draft Operations, Maintenance and Technical Services
Committee Minutes for the meeting held on March 6, 2002 to be filed.
c. MOVED, SECONDED AND DULY CARRIED: (1) Authorize the General
Manager to issue a request for proposals to qualified Ocean Monitoring Vessel
Builders/Designers for Purchase of Ocean Monitoring Vessel, Specification
No. V-2001-43BD; and (2) Authorize award of Purchase of Ocean Monitoring
Vessel, Specification No. V-2001-43BD, to the lowest responsive bidder in an
amount not to exceed $1,300,000.
Director Debbie Cook opposed.
d. MOVED, SECONDED AND DULY CARRIED: Approve an agreement with
M.J. Schiff and Associates, Inc. for the development of a Corrosion Management
Program, Specification No. S-2002-BOBD, providing for consulting services for a
study of the District's two treatment plants, interplant pipelines, and collections
systems, and to establish the requirements for the implementation of a
comprehensive management program, for an amount not to exceed $145,000.
13. DRAFT PLANNING, DESIGN AND CONSTRUCTION COMMITTEE MINUTES: A
verbal report was presented by Director Anderson, Chair of the Planning, Design and
Construction Committee, re the March 7, 2002 meeting.
The Chair then ordered the draft Planning, Design and Construction Committee Minutes
for the meeting held on March 7, 2002 to be filed.
c. MOVED, SECONDED AND DULY CARRIED: (1) Ratify Change Order No. 2 to
Ocean Outfall Flowmeter Replacement at Plant No. 2, Job No. J-66, with
Urbantec Engineers, Inc., authorizing an addition of $175,769 and a time
extension of 75 calendar days, increasing the contract amount to $1, 119,077;
and (2) Approve a budget amendment increase of $240,077 for Ocean Outfall
Flowmeter Replacement at Plant No. 2, Job No. J-66, for a total project budget of
$1,739,077.
d. MOVED, SECONDED AND DULY CARRIED: (1) Ratify Change Order No. 1 to
Santa Ana River Interceptor Emergency Maintenance and Repairs, Contract
No. 2-41-2, with Jamison Engineering Contractors, Inc., for an Adjustment of
Engineer's Quantities, authorizing a deduction of $45,566, and a time extension
of 45 calendar days, decreasing the total contract amount to $404,434; and
(2) Accept Santa Ana River Interceptor Emergency Maintenance and Repairs,
Contract No. 2-41-2, as complete, authorizing execution of the Notice of
Completion and approving the Final Closeout Agreement.
e. MOVED, SECONDED AND DULY CARRIED: Accept Clarifiers P & Q Retaining
Walls at Plant No. 2, Job No. SP2000-60, with Castillo Western Industrial
Constructors as complete, authorizing execution of the Notice of Completion and
approving the Final Closeout Agreement.
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f. MOVED, SECONDED AND DULY CARRIED: Approve Memorandum of
Understanding with Santa Ana Watershed Project Authority for Santa Ana River
Interceptor Relocation and Protection, Contract No. 2-41, establishing the terms
of interagency coordination and interim reimbursement of expenses in
connection with the protection, repairs, and maintenance of the Santa Ana River
Interceptor, in a form approved by General Counsel.
g. MOVED, SECONDED AND DULY CARRIED: Approve a budget amendment of
$247,610 for Interim Strategic Plan Update, Job No. J-40-8, for a total project
budget of $687,610; and (2) Approve Addendum No.1 to the Professional
Services Agreement with Camp Dresser and McKee for additional engineering
services for Interim Strategic Plan Update, Job No. J-40-8, for an additional
amount of $247,610, increasing the total amount not to exceed $597,340.
h. MOVED, SECONDED AND DULY CARRIED: (1) Approve a budget amendment
of $139, 170 for Supplement No. 1 to the 1999 Strategic Plan Final Program
Environmental Impact Report, Job No. J-40-5, for a total project budget of
$287, 170; and (2) Approve Addendum No. 1 to the Professional Services
Agreement with Environmental Science Associates for additional environmental
services for Supplement No. 1 to the 1999 Strategic Plan Final Program
Environmental Impact Report, Job No. J-40-5, for an additional amount of
$116, 170, increasing the total amount not to exceed $194,000.
i. MOVED, SECONDED AND DULY CARRIED: Approve Addendum No. 8 to the
Professional Services Agreement with Carollo Engineers for Investigation and
Repair of Ocean Outfalls, Job No. J-39, providing for additional engineering
services in the amount of $652, 137 for a total amount not to exceed $1,619, 118.
j. MOVED, SECONDED AND DULY CARRIED: (1) Approve Addendum No. 1 to
the Professional Services Agreement with Lee & Ro, Inc. for Replacement of the
Bitter Point Pump Station, Contract No. 5-49; Replacement of the Rocky Point
Pump Station, Contract No. 5-50; Rehabilitation of the 14th Street Pump Station,
Contract No. 5-51; and Rehabilitation of the "A" Street Pump Station, Contract
No. 5-52, providing for additional engineering services for an additional amount
of $495,247, increasing the total amount not to exceed $1,645,048; (2) Approve
a budget amendment increase of $1,322,000 for Replacement of the Bitter Point
Pump Station, Contract No. 5-49, for a total project budget of $4,882,000; (3)
Approve a budget amendment increase of $1,376,000 for Replacement of the
Rocky Point Pump Station, Contract No. 5-50, for a total project budget of
$5,775,000; (4) Approve a budget amendment increase of $1,877,000 for
Rehabilitation of the 14th Street Pump Station, Contract No. 5-51, for a total
project budget of $4,493,000; and (5) Approve a budget amendment increase of
$1,748,000 for Rehabilitation of the "A" Street Pump Station, Contract No. 5-52,
for a total project budget of $4,596,000.
k. MOVED, SECONDED AND DULY CARRIED: Approve a budget amendment
increase of $2, 118,000 for the Warner Avenue Relief Sewer, Contract No. 11-22,
for a total project budget of $7,016,000.
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I. MOVED, SECONDED AND DULY CARRIED: Motion was amended to approve
Professional Services Agreement with Project Partners, Inc. to provide project
engineering and project management consulting services for the District's Capital
Improvement Program, for an estimated amount not to exceed $600,000 for the
first year, with a not-to-exceed CPI annual escalation fee, for a contract period
effective March 27, 2002 through May 30, 2008.
m. MOVED, SECONDED AND DULY CARRIED: Approve Professional Services
Agreement with CH2M Hill, Inc. for engineering services for the Effluent
Pathogen Reduction Evaluation Study, Job No. J-40-6, for an amount not to
exceed $134,858.
14. DRAFT FINANCE, ADMINISTRATION AND HUMAN RESOURCES COMMITTEE
MINUTES: A verbal report was presented by Director Brady, Chair of the Finance,
Administration and Human Resources Committee, re the March 13, 2002 meeting.
The Chair ordered the draft Finance, Administration and Human Resources Committee
Minutes for the meeting held on March 13, 2002 to be filed.
c. MOVED, SECONDED AND DULY CARRIED: Receive and file Treasurer's
Report for the month of February 2002.
d. MOVED, SECONDED AND DULY CARRIED: Reallocate $60,700 from the
Central Training budget to the Tuition Reimbursement budget, increasing funding
from $74,300 to $135,000 for Fiscal Year 01-02.
15. MOVED, SECONDED AND DULY CARRIED: Ratify use of General Manager's
emergency purchasing authority, Resolution No. OCSD 99-23, for Emergency Repair of
the No. 3 Central Generation Engine at Plant No. 1, for Purchase Order Nos. 31480 and
31939 issued to Cooper Energy Services for a combined total of $115,882.59, plus a
10% contingency for freight and any unforeseen work that may be required to complete
the repair, for a total amount not to exceed $127,500.00.
16. MOVED, SECONDED AND DULY CARRIED: Approve sewer service and connection
agreement with Irvine Ranch Water District for connection of El Morro Elementary
School that is currently located outside of the Orange County Sanitation District
boundaries, in a form approved by General Counsel.
17. Blake Anderson, General Manager, reported that last month the concept of disinfection
was brought before the Board of Directors. The Board authorized staff to move forward
with some of the conceptual work and preliminary studies, and authorized expenditures
up to $200,000 so that momentum would be maintained. A more detailed report was
requested by the Board of Directors, as well as the results of the so-called 1996
20-meter study.
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Bob Ghirelli, Director of Technical Services, reported that although the report, dated
March 2002, deals with the 1996 and 1997 data. The information developed out of these
studies was reported to the Regional Water Quality Control Board and EPA in 1996 and
1997 as part of discussions staff had with those agencies when the results were
prepared, but a formal report was never written. He then provided a brief overview of
the data contained within the report. The studies indicated the plume comes into the
20-meter depth contour at detectable levels. There were several instances where
bacteria were found associated with the plume at the 60-meter depth, which is about two
miles offshore of Huntington Beach at the same time that bacteria were detected at the
beach. The purpose of the study was to gain a better understanding of compliance
issues in order to ensure the District was complying with state water quality standards,
which applies up to three miles offshore. As a result of the findings in this report, a
change was made by the Santa Ana Regional Water Quality Control Board (SARWQCB)
to their Basin Plan to interpret the recreational zone as the top 10 feet of water, which is
consistent with the way the other Regional Water Quality Control Boards and the State
interpret the recreational zone.
Bob Ooten, Director of Operations and Maintenance, gave a brief report on the District's
treatment facilities, what it accomplishes, and reported on microfiltration research, one of
the treatment technologies being considered for long-term use.
Mark Esquer, Process Engineering Manager, then reported on the reasons to use
bleach followed by dechlorination as the currently preferred alternative for short-term
disinfection. He also reported on other methods to disinfect, such as ultraviolet light,
ozone, and peracetic acid. He also briefly reviewed the environmental review process
required for this project. A mitigated negative declaration statement should be sufficient
for the short-term project. Staff anticipates the statement should be sent out in mid-April
for public review.
MOVED, SECONDED AND DULY CARRIED: (1) Receive and file the OCSD
Engineering report on Short-Term Ocean Outfall Bacteria Reduction Evaluation dated
March 20, 2002; (2) Receive and File report entitled, Analysis and Interpretation of Fall
1996 and Summer 1997 Water Quality Data, dated March 2002; and (3) Designate the
use of chemical bleach and sodium bisulfite (dechlorination as a mitigation measure) as
the Preferred Alternative for further detailed evaluation.
Director Debbie Cook opposed.
18. MOVED, SECONDED AND DULY CARRIED: Award a sole source Professional
Services Agreement to Black & Veatch Corporation for professional services for
Short-Term Outfall Bacteria Reduction, Job No. J-87, for an amount not to exceed
$447,920.
Directors Don Bankhead and Debbie Cook opposed.
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19. MOVED, SECONDED AND DULY CARRIED: Approve an increase to the Temporary
Employment Services budget allocation of $300,000, raising the total budgeted amount
from $1,000,000 to $1,300,000 for the remainder of FY 01-02.
20. DRAFT JOINT GROUNDWATER REPLENISHMENT SYSTEM COOPERATIVE
COMMITTEE MINUTES: The Chair ordered the Joint Groundwater Replenishment
System Cooperative Committee Minutes for the meetings held on February 11, 2002
and February 25, 2002 to be filed.
c. Item removed.
21. CONVENE IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION
54956.9: The Board convened in closed session at 9:55 p.m., pursuant to Government
Code Section 54956.9, to discuss Agenda Item No. 21 (a)(1 ). 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 No. 21 (a)(1 ).
RECONVENE IN REGULAR SESSION: At 10:00 p.m., the Board reconvened in regular
session.
ADJOURNMENT: The Chair declared the meeting adjourned at 10:01 p.m.
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