HomeMy WebLinkAbout09-25-2002 Board MinutesOrange County Sanitation District
MINUTES
BOARD MEETING
SEPTEMBER 25, 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 September 25, 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
A Mike Alvarez Mark A. Murphy
A Don Bankhead Jan Flory
x Brian Brady Darryl Miller
x Patricia Campbell Paul Yost
x Debbie Cook Connie Boardman
x Laurann Cook Larry Crandall
A Brian Donahue David Shawver
x Norman Z. Eckenrode Constance Underhill
x James M. Ferryman Arlene Schafer
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
A Joy Neugebauer Grace Epperson
x Russell Patterson Richard A. Freschi
x Anna L. Piercy Tim Keenan
A Tod Ridgeway Gary Adams
A 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; Patrick Miles; Lisa Murphy; Bob Ooten; Gary Streed; Lisa
Tomko; Mike Moore; Ed Torres; Jim Colston; Bud Tafolla
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OTHERS PRESENT: Thomas L. Woodruff, General Counsel; Kris Lindstrom; Jan Vandersloot;
Zack Barrett; Greg Jewell; Darrell A. Neita; Art Perry; Jim McKibben; Andrew Zacharias; Randy
Fuhrman; Joey Racano; Doug Korthoff; Don Hughes
Chair McCracken stated Closed Session would be considered at this time.
18. CONVENE IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION
54956.9(b)(1): The Board convened in closed session at 7:04 p.m., pursuant to
Government Code Section 54956.9, to discuss Agenda Item No. 18(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. 18(a)(1 ). Director
Debbie Cook left the Closed Session at 7:14 p.m.
RECONVENE IN REGULAR SESSION: At 7:26 p.m., the Board reconvened in regular
session.
PUBLIC COMMENTS
The following persons expressed concern over or about methods of treatment, ocean discharge
issues, water issues and possible Brown Act violations: Doug Korthoff, Joey Racano, Darrel A.
Neita, and Jan Vandersloot.
Randy Fuhrman requested the Directors to delay approval of Item 12(e), Resolution No. OCSD
02-18, which would approve land filling of biosolids until the long-range biosolids study is
completed. He also spoke regarding Item 16(2), and asked Directors to consider bleaching as a
short-term solution, and not a permanent solution, until better methods, such as ultraviolet
treatment, can be utilized.
REPORT OF THE CHAIR
Chair McCracken announced Director Steve Anderson was the District's representative on the
Council of Governments, and Director Jim Ferryman will serve as the alternate.
Chair McCracken reported that the Ad Hoc Committee re Urban Runoff would meet on
September 26; OMTS Committee -October 2 at Plant No. 2; PDC Committee -October 3; and,
FAHR Committee -October 9.
Director Norm Eckenrode was presented a Resolution of Commendation for his service to the
Board as Chair from July 2000 to July 2002.
Service awards and pins were presented to the following employees for their years of service to
the District: Gary Streed -35 years; Fran Morrison -25 years; Bud Tafolla -25 years.
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REPORT OF THE GENERAL MANAGER
Blake Anderson, General Manager, announced that Lisa Murphy was leaving the District. He
commended Lisa for her leadership and counsel during her time as Communications Manager.
REPORT OF THE GENERAL COUNSEL
Thomas L. Woodruff, General Counsel, reported that no action was taken by the Directors on the
item listed for closed session that evening. Representatives of EPA and the Regional Board did not
make a presentation.
APPROVAL OF MINUTES
The Chair ordered that the minutes of the adjourned meeting held August 21, 2002, and the
regular meeting held August 28, 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 08/15/02 08/31/02
Totals $9, 131,689.83 $7,557, 167.91
Director Mark Leyes abstained.
CONSENT CALENDAR
NON-CONSENT CALENDAR
11. DRAFT STEERING COMMITTEE MINUTES: A verbal report was presented by Director
McCracken, Chair of the Steering Committee, re the September 25, 2002 meeting.
Chair McCracken reported the Joint Management Committee for the Santa Ana River
Interceptor Relocation project (SARI) had met on September 24. The committee
concurred with staff's selection of the firm, ESA, to prepare the environmental
documents on the project. The Committee also reviewed eight alternatives for relocating
or protecting-in-place the SARI line, and directed staff to explore the question of project
management by the Corp of Engineers. This issue is to be reviewed by the PDC
Committee.
A report on the Orange County infrastructure report card, which would be released to the
public on October 10, was given by the General Manager. The report card is the result
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of joint efforts by the American Society of Civil Engineers, UC Irvine, and the California
Rebuild America Coalition (CAL RAC).
Asset management and staff's plans to implement the program were also discussed by
the General Manager. This program will be the District's future organizing principle for
how the District will plan, design, construct, operate and maintain capital facilities. The
program should enable staff to improve the District's cost-effectiveness and long-term
sustainability.
Chair McCracken reported there were several items presented by the staff and
discussed by the committee.
a) Various ocean discharge permit issues with EPA representatives and the
RWQCB;
b) Additional scope of services to be provided by the District's legislative consultant,
ENS Resources Consulting Services, in Washington, DC. The Committee
confirmed the General Manager's action to secure the services of ENS to secure
EPA construction grants and to advocate a change to the Clean Water Act to
deal with the unforeseen circumstance of a public wastewater treatment agency
voluntarily electing to not re-apply for a 301 (h) permit;
c) Determined to take no action to support Proposition 50, the Clean Water and
Coastal Protection Bond, that is on the November ballot; and,
d) OCWD and OCSD General Managers have agreed to the terms and conditions
of the Joint Exercise of Powers Agreement for the Groundwater Replenishment
System project. The agreement will be reviewed by the three standing
Committees and considered for approval by the Board of Directors of both
agencies in October.
The Chair then ordered the draft Steering Committee Minutes for the meeting held on
August 28, 2002 to be filed, as revised and corrected.
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 September 4, 2002
meeting.
The Chair then ordered the draft Operations, Maintenance and Technical Services
Committee Minutes for the meeting held on September 4, 2002 to be filed.
c. MOVED, SECONDED AND DULY CARRIED: (1) Approve funding for agencies
that require additional flow monitoring and updates to Master Plans and Inflow
and Infiltration Reduction Plans in the amount of $229,750;
(2) Approve funding for the FY 2002-03 Cooperative Projects Program in the
amount of $125,000, for the City of Anaheim;
(3) Approve time extensions to Cooperative Projects Program contracts with the
following cities: Cypress (CP-0103), Fountain Valley (CP-0002 and CP-0104),
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Garden Grove (CP-0003 and CP-0119), La Habra (CP-0106, CP-0126 and
CP-0127), Orange (CP-0009, CP-0010, CP-0011 and CP-0012), Santa Ana
(CP-0016), Villa Park (CP-0013 and CP-0014); and,
(4) Authorize the General Manager to approve time extensions for projects that
include flow monitoring which are delayed due to lack of rain.
d. MOVED, SECONDED AND DULY CARRIED: (1) Approve a budget amendment
of $1,655,000 for Phase II Microfiltration Demonstration Project, SP-90, as an
alternative treatment to achieve secondary treatment standards; and,
(2) Authorize the General Manager to enter into a sole source Professional
Services Agreement with Carollo Engineers, in a form approved by General
Counsel, for Phase II Microfiltration Demonstration Project, SP-90, providing for
engineering services, equipment testing, design and construction improvements
to the existing test facility, in an amount not to exceed $1,555,000, which
includes a $200,000 contingency.
e. MOVED, SECONDED AND DULY CARRIED: Adopt Resolution No. OCSD
02-18, in Support of Biosolids Recycling, and repealing Resolution No. OCSD
00-05.
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 September 5, 2002 meeting.
The Chair then ordered the draft Planning, Design and Construction Committee Minutes
for the meeting held on September 5, 2002 to be filed, as corrected.
c. MOVED, SECONDED AND DULY CARRIED: (1) Ratify Change Order No. 3 to
HVAC Equipment Replacement at Plant Nos. 1 and 2, Job No. J-80, with
Adams/Mallory Construction, Inc., authorizing an addition of $73,289 and a time
extension of 190 calendar days, increasing the total contract amount to
$1,049,506; and,
(2) Accept HVAC Equipment Replacement at Plant Nos. 1 and 2, Job No. J-80,
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. 2 to
Clarifiers E & G Rehabilitation Project at Plant No. 2, Job No. P2-85-1, with
Margate Construction, Inc., authorizing an addition of $8,939, increasing the total
contract amount to $825,035; and
(2) Accept Clarifiers E & G Rehabilitation Project at Plant No. 2, Job No. P2-85-1,
as complete, authorizing execution of the Notice of Completion and approving
the Final Closeout Agreement.
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e. MOVED, SECONDED AND DULY CARRIED: (1) Approve a budget amendment
of $500,000 for Rehabilitation of Digesters I, J, K, L, M, N, and 0 at Plant No. 2,
Job No. P2-39, for a total budget of $15, 154,000; and,
(2) Ratify Change Order No. 11 to Rehabilitation of Digesters I, J, K, L, M, N, and
0 at Plant No. 2, Job No. P2-39, with Margate Construction, authorizing an
addition of $133,734 and a time extension of 45 calendar days, increasing the
total contract amount to $10,916,329.
f. MOVED, SECONDED AND DULY CARRIED: (1) Ratify Change Order No. 1 to
Main Street Pump Station Ventilation Improvements, Job No. SP2001-21, with
MMC, Inc., authorizing an addition of $21,020, and a time extension of 58
calendar days, increasing the total contract amount to $214, 121; and,
(2) Accept Main Street Pump Station Ventilation Improvements, Job
No. SP2001-21, as complete, authorizing execution of the Notice of Completion
and approving the Final Closeout Agreement.
g. MOVED, SECONDED AND DULY CARRIED: Ratify Change Order No. 1 to
Purchasing Conference Room at Plant No. 1, Job No. SP2000-59, with Punchlist
Contractors, authorizing an addition of $51,364, increasing the total contract
amount to $159,764, and a time extension of 131 calendar days.
h. MOVED, SECONDED AND DULY CARRIED: Ratify Change Order No. 1 to
Scrubber Monitor and Control, Job No. J-71-7, with Margate Construction, Inc.,
authorizing an addition of $91,069, increasing the contract amount to $1,254,569.
i. MOVED, SECONDED AND DULY CARRIED: (1) Approve a budget amendment
of $28, 792 for Ocean Outfall Flowmeter Replacement at Plant No. 2, Job No.
J-66, for a total budget of $2,011,073; and,
(2) Ratify Change Order No. 4 to Ocean Outfall Flowmeter Replacement at Plant
No. 2, Job No. J-66, with Urbantec Engineers, Inc., authorizing an addition of
$48,792 and a time extension of 21 calendar days, increasing the total contract
amount to $1,411,073.
j. MOVED, SECONDED AND DULY CARRIED: Approve Professional Services
Agreement with Malcolm Pirnie, Inc. to provide engineering services for the
design and construction support of the Replacement of the Ellis Avenue Pump
Station, Contract No. 1-10, for an amount not to exceed $3, 186,027.
k. MOVED, SECONDED AND DULY CARRIED: Approve a budget amendment of
$523,000 to Modifications to the Main Street Pump Station, Contract No. 7-7-2,
for a total project budget, to be reimbursed by Boyle Engineering, in the amount
of $969,000.
I. MOVED, SECONDED AND DULY CARRIED: Approve Addendum No.1 to the
Professional Services Agreement with CH2M Hill, Inc., for additional engineering
services for the Effluent Pathogen Reduction Evaluation Study, Job No. J-40-6,
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for an additional amount of $199, 123, increasing the total contract amount not to
exceed $333,981.
m. MOVED, SECONDED AND DULY CARRIED: (1) Approve a budget amendment
of $100,913 for Long Range Biosolids Management Plan, Job No. J-40-7, for a
total project budget of $572,913; and,
(2) Approve Professional Services Agreement with CH2M Hill, Inc. for
engineering services for the Long Range Biosolids Management Plan, Job
No. J-40-7, for an amount not to exceed $490,913.
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 September 18, 2002 meeting.
The Chair ordered the draft Finance, Administration and Human Resources Committee
Minutes for the meeting held on September 18, 2002 to be filed.
c. MOVED, SECONDED AND DULY CARRIED: Receive and file Treasurer's
Report for the month of August 2002.
d. MOVED, SECONDED AND DULY CARRIED: Revise the following five positions
for the Engineering and Operations and Maintenance Departments that were
inadvertently not included during the FY02/03 budget process:
(1) One vacant Construction Inspector position upgraded to an Engineer position;
(2) One vacant Project Specialist position upgraded to an Engineer position;
(3) One vacant Principal Engineering Associate position upgraded to an Engineer
position;
(4) One Limited Term Contract Engineer position changed to a full time Senior
Engineer position; and,
(5) One Limited Term Contract Engineer position changed to a full time Engineer
position.
e. MOVED, SECONDED AND DULY CARRIED: (1) Authorize staff to solicit
proposals from auditing firms for Internal Auditing Services, Specification
No. CS-2002-108BD; and,
(2) That a sub-committee be formed including Roy Moore and Joy Neugebauer,
to conduct interviews of the three finalists, and that a contract be subsequently
awarded by the Board of Directors at a future meeting.
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f. MOVED, SECONDED AND DULY CARRIED: (1) Approve a budget amendment
of $171,073 for Coordinated Commercial Enterprise Study, Phase II and Ill, for a
total budget of $294,500; and,
(2) Authorize staff to issue a change order to the purchase order contract issued
to Carollo Engineers, for an additional amount of $37,600, for a total amount not
to exceed $150,600.
15. DRAFT GROUNDWATER REPLENISHMENT SYSTEM JOINT COOPERATIVE
COMMITTEE MINUTES: A verbal report was presented by Director Norm Eckenrode,
Vice Chair of the Groundwater Replenishment System Joint Cooperative Committee, re
the meeting held on September 16, 2002.
Director Eckenrode reported the Committee recommended approval of the Joint
Exercise of Powers Agreement for the Development, Operation, and Maintenance of the
Groundwater Replenishment System. The agreement will be placed on the board
agenda for consideration in October.
The Chair ordered the Groundwater Replenishment System Joint Cooperative
Committee Minutes for the meetings held on August 12 and August 26, 2002 to be filed.
c. MOVED, SECONDED AND DULY CARRIED: Approve Addendum No. 6 to the
Professional Services Agreement with Camp Dresser & McKee Inc. decreasing
the authorized amount by $2,945, 100, from $35,890,804 to a total amount not to
exceed $32,954,704, for a change in the Scope of Work in accordance with the
Professional Services Agreement for the Groundwater Replenishment System,
Job No. J-36, with the Orange County Sanitation District and the Orange County
Water District sharing the deduction in an equal amount of $1,472,550.
d. MOVED, SECONDED AND DULY CARRIED: Approve an Orange County Water
District issued Task Order to Westin Engineering, Inc. for an amount not to
exceed $290,000 for implementation planning for the Integrated Information
System for the Groundwater Replenishment System, Job No. J-36, with the
Orange County Sanitation District and the Orange County Water District sharing
equal costs of $145,000.
Director Steve Anderson opposed.
16. MOVED, SECONDED AND DULY CARRIED: (1) Receive and file Addendum No. 7
to the Certified 1999 Strategic Plan Final Program Environmental Impact Report
prepared by Environmental Science Associates for the Permanent Short-Term Ocean
Outfall Bacteria Reduction Project, Job No. J-87; and,
(2) Authorize Staff to proceed with the Permanent Short-Term Ocean Outfall Bacteria
Reduction Project, Job No. J-87, as required by Regional Water Quality Control Board
Order No. R8 2002-0055.
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17. Consideration of Ordinance No. OCSD-19, An Ordinance of the Board of Directors of
Orange County Sanitation District, Amending Table H of Ordinance No. OCSD-18 re
Wastehauler Charges for Use:
a. General Counsel Thomas L. Woodruff reported the proposed adoption of the
ordinance was to correct an error that was included in the ordinance adopted
previously relating to wastehauler fees.
b. MOVED, SECONDED AND DULY CARRIED: Read Ordinance No. OCSD-19 by
title only, and waive reading of said entire ordinance.
c. MOVED, SECONDED AND DULY CARRIED: Adopt Ordinance No. OCSD-19,
An Ordinance of the Board of Directors of Orange County Sanitation District,
Amending Table H of Ordinance No. OCSD-18 re Wastehauler Charges for Use,
as an urgency measure, to be effective immediately.
19. Director Debbie Cook requested a report on all of the District's lobbying and advocacy
efforts to include who has been retained, what the District is expecting to receive and has
received to date for the efforts, as well as incurred and future costs.
Director Beth Krom posed questions regarding ENS Resources efforts to obtain a possible
amendment to the Clean Water Act that was considered at the Steering Committee that
evening. She requested a copy of the agenda report on this issue be provided to all Directors.
General Counsel responded to her questions, and advised that the General Manager has
retained ENS Resources for the past several years for various waste water issues. ENS, in
conjunction with the firm of John Freshman and Associates, is making contact with Orange
County Congressional delegation members, seeking an amendment to the Clean Water Act that
would only apply to OCSD. The amendment would allow the District until 2013 or an earlier
date as set by the RWQCB in the permit, to build the facilities needed to produce effluent that
meets the secondary treatment standards of the Act. The amendment would provide the District
statutory protection against citizens' suits, thus the District would not need to be involved with
litigation and approval of a consent decree by a federal court.
20. In response to a request during closed session for a summary of where the District is
regarding the EPA position on the District's renewal of its NPDES permit, Chair McCracken
reported that the District has been advised by EPA that if the District files for a regular permit,
without a 301 (h) waiver, the District will be in violation of the law as of the effective date of the
new permit. EPA will, therefore, file suit against the District based on violations of its permit
terms. The EPA Chief of Enforcement and Compliance advised the Steering Committee that
federal policy dictates that EPA file a suit against any agency that is violating its NPDES permit
conditions. The EPA also advised they would negotiate a consent decree setting forth the terms
and conditions of the permit, and that they are considering this action on the basis of imposing
no financial penalties. If the District and EPA can agree on negotiated terms and obtain
approval of the consent decree by the court, it will bar any other suits from outside groups or
citizens.
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ADJOURNMENT: The Chair declared the meeting adjourned at 8 :50 p.m.
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