HomeMy WebLinkAbout08-28-2002 Board MinutesOrange County Sanitation District
MINUTES
BOARD MEETING
AUGUST 28, 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 August 28, 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 Shirley McCracken, Chair Tom Daly
x Steve Anderson, Vice Chair Steve Simonian
x Mike Alvarez Mark A. Murphy
x Don Bankhead Jan Flory
x Brian Brady Darryl Miller
Patricia Campbell x Paul Yost
x Debbie Cook Connie Boardman
Laurann Cook x Larry Crandall
A Brian Donahue David Shawver
A Norman Z. Eckenrode Constance Underhill
x James M. Ferryman Arlene Schaf er
A John M. Gullixson Michael Duvall
x Alice B. Jempsa Arthur DeBolt
x Tony Kawashima Tracy Worley
x Beth Krom 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:; Bob Ghirelli; Dave Ludwin; Greg Mathews; Patrick Miles; Lisa
Murphy; Bob Ooten; Gary Streed; Lisa Tomko; Penny Kyle, Board Secretary; Paula Zeller;
David Usher; Simon Watson; James Hauter; John Myer; Joe Park
OTHERS PRESENT: Thomas L. Woodruff, General Counsel; Alternate Director Arlene Schafer;
Irwin Haydock; Jan Vandersloot; Larry Porter; Greg Jewell; Marilyn Brokenshire; Mark
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Brokenshire; Darrell A. Neita; Terry Lane; Richard Monfils; Ken Erbeznik; Dean Reinemann;
Don Hughes
PUBLIC COMMENTS
The following persons expressed concern on level of treatment and ocean discharge issues:
Larry Porter, Jan Vandersloot, Greg Jewell, Darrell A. Neita.
Mark Brokenshire and Ken Erbeznik spoke regarding their concerns over the relocation of the
Santa Ana River Interceptor.
REPORT OF THE CHAIR
Chair McCracken reported that she was looking for someone to serve as the District's
representative on the Council of Governments. The standing committees meeting schedule
was then reviewed, noting that the FAHR Committee would be meeting on September 18th, and
the Ad Hoc Committee for Urban Runoff was tentatively scheduled to meet on September 26th.
Lisa Tomko, Director of Human Resources, recognized employees Philip Sullivan, Jim Hauter
and John Myer for their quick reaction and responses for those injured in the electrical accident
at Plant No. 2 on August 6th, and presented them with Resolutions of Commendation.
Ms. Tomko reported that the Emergency Medical Response Team was formed in 1997 with five
members, and has been expanded to now include 18 members who respond to any incident at
the District. The team's training includes CPR, first aid, American Red Cross Emergency
Responder training, oxygen administration, use of automatic external defibrillation, blood-borne
pathogens training, and confined space rescue.
Richard Monfils, a representative of the American Red Cross, presented the District's
Emergency Medical Response Team with an "Award for Excellence in Disaster Preparedness."
He stated the award was given for the District's proactive stance and creation of the emergency
medical response team.
The Emergency Medical Response Team presented the award to the Board of Directors and
thanked the Board and the management staff for their support.
REPORT OF THE GENERAL MANAGER
Gary Streed, Director of Finance, reported that Blake Anderson was on vacation. Mr. Streed
noted a new item listed on the agenda entitled 30/30 monthly update. This will be on the
agenda monthly until the District achieves 30/30 treatment levels.
Bob Ghirelli, Director of Technical Services, updated the Directors on the 30/30 report. The
purpose of the report is to give the Directors an update on staff's progress in carrying out the
July 1 ]1h decision to achieve secondary treatment standards. On July 18th, staff debriefed on
the resolution that was adopted and created a 30/30 action team. The purpose of the team is to
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develop a work plan to implement full secondary treatment as quickly as possible. A quick
review was provided on some of the major activities that are underway:
• Permit negotiations and permit renewal application. A meeting with representatives of
EPA and RWQCB will be held on August 291
h in San Francisco to discuss options
available to the District to develop a transition permit to get from the current level of
treatment to secondary standards. They will also discuss what type of public review
process the District will utilize to involve stakeholders in the process of overseeing the
permit renewal and the schedule staff will embark upon to build facilities necessary for
secondary treatment.
• Legislation is being pursued to shield the District from mandatory state penalties beyond
the five-year grace period that is presently allowed in state law. The District is seeking
legislative language change that would give the District up to ten years for the sole
purpose of achieving secondary treatment standards. At the Steering Committee a
report was given by Scott Baugh who is assisting in this issue in Sacramento.
• Staff is ramping up existing secondary facilities, pushing as much wastewater through
secondary treatment as possible, as well as utilizing the disinfection plan. The Directors
were referred to a memo included in their meeting folders from Bob Ooten, Director of
Operations and Maintenance, that describes where things currently stand.
• Disinfection went online August 12, 2002, which is the date the new permit requirements
became effective. Staff is meeting disinfection goals and permit requirements for
chlorine residual in the effluent.
• Planning for move to meet secondary treatment discharge standards includes
developing a schedule for construction of secondary treatment facilities, and
incorporates a $1.9 billion capital improvement program.
REPORT OF THE GENERAL COUNSEL
Tom Woodruff, General Counsel, reported AB 1969 passed through the Senate Committee. It
provides a 10-year exemption from penalties under the minimum mandatory penalty provision of the
law for secondary treatment standards, but will not protect against citizens or third party suits for any
reason. He noted that the District objected to language contained in the bill inserted by the Senate
Environmental Committee that stated the legislation was necessary due to the unique pollution
problems associated with the discharge of the wastewater by Orange County Sanitation District.
The District provided alternative generic language but it was not included in the final form that was
passed.
Mr. Woodruff also reported the Steering Committee had a closed session that evening regarding a
petition filed by Natural Resources Defense Council with the State Water Resources Control Board
concerning the District's recently amended NPDES permit.
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APPROVAL OF MINUTES
The Chair ordered that the minutes of the regular meeting held July 17, 2002 be deemed
approved, as mailed.
Directors Larry Crandall, Debbie Cook, Tod Ridgeway and Paul Yost 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 07/15/02 07/31/02
Totals $9,546,722.65 $24,383, 160. 77
Director Mark Leyes abstained. Director Alice Jempsa abstained on Warrant No. 46247, and
Director Russ Patterson abstained on Warrant No. 45605.
9. a.
CONSENT CALENDAR
MOVED, SECONDED AND DULY CARRIED: (1) Receive and file petition from
Allen Denson requesting annexation of 1.23 acres to the District in the vicinity of
Meads Drive and Acre Place in an unincorporated area of Orange County; and
(2) Adopt Resolution No. OCSD 02-16, authorizing initiation of proceedings to
annex said territory to the District (Proposed Annexation No. OCSD-25 -Denson
Annexation).
NON-CONSENT CALENDAR
11. DRAFT STEERING COMMITTEE MINUTES: A verbal report was presented by Director
McCracken, Chair of the Steering Committee, re the August 28, 2002 meeting.
Chair McCracken reported that Bob Ghirelli provided the Committee an update on fat, oil
and grease management issues. He also provided the Steering Committee with an
initial recommendation to seek federal grants for funding portions of the District's capital
improvement program. The Steering Committee directed staff to keep Directors
informed of the services of Eric Saperstein, lobbyist in Washington, DC, in seeking
grants. Mr. Ghirelli also provided an update on ocean permit issues.
The Employee Activity Committee will be installing and dedicating a new flag pole and
memorial plaque at Plant No. 1 main entrance on September 11 1
h, in memory of those
who lost their lives last September 11 1h. A plaque will also be installed at Plant No. 2.
Short ceremonies will be held at both locations.
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Tom Woodruff, General Counsel, discussed proposed changes to the Rules of
Procedure resolution. Staff will also prepare a "primer" for Directors that will provide an
overview of standard policies and procedures for the Directors' information.
Chair McCracken reported that Director Bankhead had been appointed Chair of the
Urban Runoff Ad Hoc Committee. This committee will be meeting on Thursday,
September 26, beginning at 4:00 p.m.
Staff has been working on secondary treatment upgrades since action was taken on
July 1th. Staff has developed the term "30/30 Action Plan", which reflects secondary
standards required by the Federal Clean Water Act, which are 30 parts/million of
suspended solids and 30 parts/million of biochemical oxygen demand. Jim Colston
reported on staff's progress on this action plan.
The Chair then ordered the draft Steering Committee Minutes for the meeting held on
June 26, 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 August 7, 2002
meeting.
The Chair then ordered the draft Operations, Maintenance and Technical Services
Committee Minutes for the meeting held on August 7, 2002 to be filed.
Director Kawashima abstained.
c. MOVED, SECONDED AND DULY CARRIED: Approve a service agreement with
MEC Analytical Systems, Inc. for Analysis of Benthic Infauna Samples,
Specification No. S-2002-85BD, to provide for ocean monitoring services, in an
amount not to exceed $148,983, for a one-year period with four one-year
renewable options if mutually acceptable contract terms can be negotiated.
Director Kawashima abstained.
d. MOVED, SECONDED AND DULY CARRIED: Ratify Change Order No. 1 to
Digester #5 Cleaning Services at Plant No. 1, Specification No. SS-2002-107,
with Northwest Industrial Scrub, Inc. authorizing an addition of $43,750,
increasing the total amount not to exceed $142,570.
Director Kawashima abstained.
e. MOVED, SECONDED AND DULY CARRIED: Approve Consulting Services
Agreement with Brown and Caldwell, providing for development of a Needs
Assessment Study, O&M Manual, Specification No. CS-2001-67BD, for an
amount not to exceed $392,000.
Director Kawashima abstained.
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f. MOVED, SECONDED AND DULY CARRIED: (1) Approve a budget amendment
of $340,000 for additional mixers and related construction of improvements for
Activated Sludge Aeration Basin Selector Study, Project SP-74, for a total budget
of $1,290,000; (2) Approve Addendum No. 1 to the Professional Services
Agreement with Cathcart, Garcia, and von Langen Engineers to provide
additional engineering services for the Activated Sludge Aeration Basin Selector
Study, Project SP-74, for an additional amount of $20,000, increasing the total
amount not to exceed $100,000; and (3) Authorize the General Manager to
award a construction contract for improvements to the Activated Sludge Aeration
Basin Selector, Project SP-7 4, to the lowest responsible bidder without further
Board action, in an amount not to exceed $840,000.
Director Kawashima abstained.
g. MOVED, SECONDED AND DULY CARRIED: Approve Change Order No. 1 to
Purchase Order No. 101058 issued to Cytec for the Purchase of Anionic
Polymer, Specification No. C-149, in the amount of $20,000, increasing the total
amount not to exceed $202, 100.
Director Kawashima abstained.
13. DRAFT PLANNING, DESIGN AND CONSTRUCTION COMMITTEE MINUTES: A
verbal report was presented by Director Patterson, Chair of the Planning, Design and
Construction Committee, re the August 1, 2002 meeting.
The Chair then ordered the draft Planning, Design and Construction Committee Minutes
for the meeting held on August 1, 2002 to be filed.
c. MOVED, SECONDED AND DULY CARRIED: Ratify Change Order No. 4 to
Replacement of Back Bay Trunk Sewer, Contract No. 5-46, with Ken Thompson,
Inc., authorizing an addition of $491,060, increasing the total contract amount to
$6,207,126.
d. MOVED, SECONDED AND DULY CARRIED: (1) Ratify Change Order No. 1 to
Air Compressor Upgrades at Plant No. 1, Job No. SP2001-02, with R. Fox
Construction, Inc., authorizing an addition of $24,930 and a time extension of 95
calendar days, increasing the total contract amount to $312,630; and (2) Accept
Air Compressor Upgrades at Plant No. 1, Job No. SP2001-02, as complete,
authorizing execution of the Notice of Completion and approving the Final
Closeout Agreement.
e. MOVED, SECONDED AND DULY CARRIED: Accept lnterplant Microwave Data
Transmission Project, Job No. SP-44, 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: Accept Patio Area Upgrade at
Plant No.1, Job No. SP1999-075, as complete, authorizing execution of the
Notice of Completion and approving the Final Closeout Agreement.
g. MOVED, SECONDED AND DULY CARRIED: Adopt Resolution
No. OCSD 02-17, approving an agreement with the State Energy Resources
Conservation and Development Commission (Agreement No. 700-01-006) to
conduct Effluent Pathogen Reduction Alternatives Plan, Job No. J-40-6, and
provide research funding to the District in the amount of $250,000.
h. MOVED, SECONDED AND DULY CARRIED: (1) Approve a budget amendment
of $20,000 for Interim Strategic Plan Update, Job No. J-40-8, for a total project
budget of $707,340; and (2) Approve Addendum No. 2 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 $30,000, increasing the total amount not to exceed $627,340.
i. MOVED, SECONDED AND DULY CARRIED: (1) Award a Professional Services
Agreement to Integrated Program Management Consultants for program
management consultant services in an amount not to exceed $15,000,000, for a
period not to exceed five years; and (2) Establish an initial FY2002-03 Program
Management Consultant budget not to exceed $3,935,27 4.
Directors Steve Anderson and Mark Leyes abstained.
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 August 14, 2002 meeting.
The Chair ordered the draft Finance, Administration and Human Resources Committee
Minutes for the meeting held on August 14, 2002 to be filed.
c. MOVED, SECONDED AND DULY CARRIED: Receive and file Treasurer's
Report for the month of July 2002.
d. MOVED, SECONDED AND DULY CARRIED: Receive and file the Quarterly
Investment Management Program Report for the period April 1, 2002 through
June 30, 2002.
15. DRAFT JOINT GROUNDWATER REPLENISHMENT SYSTEM COOPERATIVE
COMMITTEE MINUTES: A verbal report was presented by Director Russ Patterson,
representative of the Joint Groundwater Replenishment System Cooperative Committee,
re the meeting held on August 26, 2002.
Director Patterson reported that an operating agreement should be ready for approval
soon. All major issues are agreed on, and should be approved by the Joint Cooperative
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Committee at the September 16 1h meeting . It should be placed on our agenda for the
October agenda cycle.
The Chair ordered the Joint Groundwater Replenishment System Cooperative
Committee Minutes for the meeting held on July 8, 2002 to be filed .
c. MOVED, SECONDED AND DULY CARRIED : (1) Approve the plans and
specifications for the Southeast Barrier Pipeline, and ratify authorizing the
General Manager of the Orange County Water District to solicit bids for said
project; and (2) Grant the Orange County Water District authority to award a
contract for the Southeast Barrier Pipeline in an amount not to exceed
$3,300,000 to the low bidder and to approve change orders in an aggregate
amount not to exceed 5% of the original contract amount, with the Orange
County Water District and the Orange County Sanitation District paying equal
shares of the contract price.
16 . There was no closed session.
ADJOURNMENT: The Chair declared the meeting adjourned at 8:18 p.m .
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