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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 Minutes for Board Meeting Page 2 08128102 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 Minutes for Board Meeting Page 3 08128102 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 Minutes for Board Meeting Page4 08128102 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. Minutes for Board Meeting Page 5 08128102 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. Minutes for Board Meeting Page 6 08128102 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. Minutes for Board Meeting Page 7 08128102 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. Minutes for Board Meeting Page 8 08/28/02 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 Minutes for Board Meeting Page 9 08128102 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 . G:\wp .dta\agenda\Board Minutes\2 002 Board Minutes\042402 minutes .doc