HomeMy WebLinkAbout10-23-2002 Board MinutesOrange County Sanitation District
MINUTES
BOARD MEETING
OCTOBER 23, 2002
ADMINISTRATIVE OFFICES
10844 ELLIS AVENUE
FOUNTAIN VALLEY, CALIFORNIA 92708-7018
Minutes for Board Meeting
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10/23/02
ROLL CALL
A regular meeting of the Board of Directors of the Orange County Sanitation District was
held on October 23, 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
x 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
John M. Gullixson x Michael Duvall
A 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
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; Patrick Miles; Bob Ooten; Gary Streed; Lisa Tomko; Mike
Moore; Jim Herberg; Wendy Sevenandt; Jim Colston; Jeff Reed; Tom Blanda; Jan Collins;
Paula Zeller; Lisa Arosteguy; John Weingarden; Kim Tolsma; Denise Martinez; Judy Bucher
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10/23/02
OTHERS PRESENT: Thomas L. Woodruff, General Counsel; Alternate Director Alberta Christy;
Darrell A. Nolta; Randy Fuhrman; Don Hughes; Irwin Haydock; Dennis Baker; Larry Porter;
Dave Ross; Robert J. Caustin; Domingo P. Alamarez; Victor Alvidrez; Hannah Nguyen; Leo
Pham; Wes Bannister; G. Van Orie; Bill Everest; Leo Ngo; Bill Mills; Annette McCluskey; Marge
England; Tom England; David Mosher; Greg Woodside; Ron Wildermuth; Brad Hagin
PUBLIC COMMENTS
The following persons expressed support for the groundwater replenishment project: Leo Pham;
Hannah Nguyen; Victor Alvidrez; Domingo P. Alamarez; Randy Fuhrman; Dave Ross; Dennis
Baker; Irwin Haydock.
The following persons expressed concern on the groundwater replenishment project and
requested approval be delayed: Robert J. Caustin; Larry Porter; Darrel A. Nolta.
REPORT OF THE CHAIR
Chair McCracken reported that a special Steering Committee meeting would be held on
Thursday, November yth, at 3:00 p.m. to discuss plans to obtain grant funding for improved
treatment. A meeting for the Ad Hoc Committee re Urban Runoff has also been scheduled for
Thursday, November 21 51 , at 4:00 p.m.
It was also announced that an informational Board workshop was scheduled for February 19,
2003, to provide new and returning Directors with an overview of the District's operations and
facilities, as well as research and monitoring activities. Additional quarterly workshops would be
held throughout the year on various subjects.
Tom Blanda was then recognized for his 30 years of service to the District.
REPORT OF THE GENERAL MANAGER
Blake Anderson, General Manager, gave an update on the progress of meeting the 30/30
treatment levels, and referred the Directors to the monthly report in their meeting folders. He
advised that protocols were being developed to provide level of treatment information on the
District's website.
It was then requested that Item 16 be considered out of order under the General Manager's
Report.
16. Draft NPDES Permit Renewal Application
Jim Colston, Senior Regulatory Specialist, provided the Directors with an update and
overview of the draft National Pollution Discharge Elimination System (NPDES) Permit
renewal application, which must be submitted to the EPA and the California Regional
Water Quality Control Board by December 2002. The application will reflect the July 17,
2002 Board decision to meet the secondary treatment standard of the Clean Water Act
as soon as possible. Final approval of the application will be requested at the November
2002 board meeting.
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In response to Directors questions, Blake Anderson noted that the Engineering
Department is putting together a plan that will describe the additional secondary
treatment facilities and the timing to construct those facilities. A third-party review panel
will evaluate the plan to determine if the schedule is reasonable. This schedule, when
final, would become a part of the District's NPDES permit.
REPORT OF THE GENERAL COUNSEL
General Counsel Thomas L. Woodruff had no report.
APPROVAL OF MINUTES
The Chair ordered that the minutes of the regular meeting held September 25, 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 09/15/02 09130102
Totals $5,339,955.32 $8,613,354.20
Director Mark Leyes and Joy Neugebauer abstained.
9. a.
CONSENT CALENDAR
MOVED, SECONDED AND DULY CARRIED: Approve Change Order No. 1 to
Purchase Order No. 100536-08, issued to OCB Reprographics for
Specification No. 9900-05, for an additional amount of $125,000, for a total
amount not to exceed $225,000, providing for additional services for the
contract year ending January 31, 2003.
NON-CONSENT CALENDAR
11. DRAFT STEERING COMMITTEE MINUTES: A verbal report was presented by Director
McCracken, Chair of the Steering Committee, re the October 23, 2002 meeting.
Chair McCracken reported the January 2003 CASA mid-year conference would be held
in Palm Springs in January. Steering Committee Directors were urged to attend the
conference. The General Manager gave a report on the Orange County Infrastructure
Report Card rollout which was held on October 101h. He also provided an overview of
the major elements in the GWRS agreement and the amended budget.
Chair McCracken reported on items presented by the staff and discussed by the
committee.
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a) Advocacy activities in Washington, DC were presented. It was agreed that a
special Steering Committee would be held on Thursday, November th, at 3:00
p.m. to meet with the Washington, DC consultants who will assist the District in
obtaining federal funds to offset some of the costs of the District's ocean
protection efforts;
b) A copy of the draft ocean permit application was provided to the Directors, and
the negotiation process was discussed; and,
c) The General Manager's discussions with the General Manager of SAWPA to
resolve the payment dispute for engineering work on the SARI line and the
transfer of ownership of the reach of the line that requires relocation or in-river
protection was reviewed. The Committee directed the General Manager and
General Counsel to separate the issues of the $3 million owed the Orange
County Sanitation District from the sale of the SARI Line to SAWPA.
The Chair then ordered the draft Steering Committee Minutes for the meeting held on
September 25, 2002 to be filed.
d. DRAFT URBAN RUNOFF AD HOC COMMITTEE MINUTES: A verbal report was
presented by Director Bankhead, Chair of the Urban Runoff Ad Hoc Committee,
re the September 26, 2002 meeting.
Director Bankhead reported the Committee received a report on the newest
research findings discussing the development of quicker test methods to
determine if waters are contaminated. Research is also underway to
differentiate between animal and human sources of bacteria.
An IRWD representative discussed IRWD's aggressive program to construct
wetlands to treat urban runoff.
The County's Coastal Resource Management Division representative reported
the County is developing a master plan for coastal watershed that will include an
urban runoff element. The County is working with the District and other agencies
to develop a priority list of urban runoff hotspots that will be targeted for diversion
systems or other control measures.
It was reported by General Counsel that the District could not collect an
increased sewer user fee to treat urban runoff. Proposition 218 process would
need to be followed if any portion of a user/service fee was to be used for capital
expenditures.
The Chair ordered the draft Urban Runoff Ad Hoc Committee Minutes for the
meeting held on September 26, 2002 to be filed.
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12. DRAFT OPERATIONS, MAINTENANCE AND TECHNICAL SERVICES COMMITTEE
MINUTES: A verbal report was presented by Director Ferryman, Vice Chair of the
Operations, Maintenance and Technical Services Committee, re the October 2, 2002
meeting.
The Vice Chair then ordered the draft Operations, Maintenance and Technical Services
Committee Minutes for the meeting held on October 2, 2002 to be filed.
c. MOVED, SECONDED AND DULY CARRIED: (1) Approve a budget amendment
of $285,000 for Phase II Biotrickling Filter Demonstration Project, SP-90, for a
total budget of $735,000, as an alternative treatment to control odors; and,
(2) Approve Amendment No. 2 to the Study Agreement with the University of
California, Riverside to provide continued support for testing biotrickling filters as
an air emissions control technology for an additional amount of $60,000, which
includes a $15,000 contingency; for a total amount not to exceed $205,000.
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 October 3, 2002 meeting.
The Chair then ordered the draft Planning, Design and Construction Committee Minutes
for the meeting held on October 3, 2002 to be filed.
c. MOVED, SECONDED AND DULY CARRIED: Ratify use of General Manager's
Emergency Purchasing Authority, Resolution No. OCSD 99-23, for a purchase
order issued to Ken Thompson, Inc. to construct a sewer line within Prospect
Avenue in the City of Tustin, for an amount not to exceed $234,213.
d. MOVED, SECONDED AND DULY CARRIED: Approve Amendment No. 1 to the
Construction Agreement with Southern Contracting Company for Standby Power
and Reliability Improvements at Plant No. 2, Job No. J-33-1A, indemnifying
Southern Contracting Company for installing, connecting, and energizing
equipment suitable for electrical unclassified areas, which will be located and
operating in areas classified as hazardous.
e. MOVED, SECONDED AND DULY CARRIED: (1) Approve a budget amendment
in the amount of $2, 180,000, increasing the overall budget to $7,430,000 for the
Short-Term Ocean Outfall Bacteria Reduction Project, Job No. J-87; (2) Approve
plans and specifications and authorize advertising for public bids; and
(3) Authorize the General Manager to award a construction contract to the lowest
responsible bidder for an amount not to exceed $4, 100,000.
f. MOVED, SECONDED AND DULY CARRIED: Approve Addendum No. 5 to the
Professional Services Agreement with Boyle Engineering Corporation for
Bushard Trunk Sewer Rehabilitation, Job No. 1-2-4, providing for additional
design engineering and materials testing services for an additional amount of
$555,403, increasing the total amount not to exceed $1,754,511.
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g. MOVED, SECONDED AND DULY CARRIED: Approve Professional Services
Agreement with Environmental Science Associates/ Montgomery Watson Harza
for the preparation of the Santa Ana River Interceptor Environmental Impact
Report/Environmental Impact Statement, Contract No. 2-41, for an amount not to
exceed $420,000.
Directors Steve Anderson, Mike Duvall and Mark Leyes abstained.
h. MOVED, SECONDED AND DULY CARRIED: Receive and file Final
Comprehensive Odor Control Program Evaluation and Improvement Report
(AK.A. Odor Control Master Plan), Job No. J-71-4, dated July 31, 2002,
prepared by CH2M Hill, Inc.
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 October 9, 2002 meeting.
The Chair ordered the draft Finance, Administration and Human Resources Committee
Minutes for the meeting held on October 9, 2002 to be filed.
c. MOVED, SECONDED AND DULY CARRIED: Receive and file Treasurer's
Report for the month of September 2002.
d. MOVED, SECONDED AND DULY CARRIED: Approve revised
SAFETY-POL 101, and SAFETY-POL 202, as provided for in Resolution No.
OCSD 02-5, regarding the District's Injury and Illness Prevention Program Policy.
e. MOVED, SECONDED AND DULY CARRIED: Adopt Resolution No. OCSD
02-19, Amending Resolution No. OCSD 98-33, Amending Human Resources
and Policies Procedures Manual.
f. MOVED, SECONDED AND DULY CARRIED: Adopt Resolution No. OCSD
02-20, Declaration of Official Intent to Reimburse Certain of the District's Capital
Reserve Funds for Expenditures Made in Advance for FY 2002-03 Capital
Improvement Projects from Proceeds of a Future Long-Term Financing.
g. MOVED, SECONDED AND DULY CARRIED: (1) Establish a budget of $200,000
for Community Outreach and Public Involvement Ascertainment, Specification
No. CS-2002-112BD; and,
(2) Authorize the General Manager to solicit bids and subsequently award a
Consultant Services Agreement for Community Outreach and Public Involvement
Ascertainment, Specification No. CS-2002-11280, in an amount not to exceed
$200,000.
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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 October 14, 2002.
The Chair ordered the Groundwater Replenishment System Joint Cooperative
Committee Minutes for the meeting held on September 16, 2002 to be filed.
c. Approve a budget amendment of $35, 166,000 increasing the OCSD's budget to
$236,372,000; and, approve Joint Exercise of Powers Agreement for the
Development, Operation and Maintenance of the Groundwater Replenishment
System and the Green Acres Project.
Blake Anderson, General Manager, reviewed the need for the GWRS project and
the major features of the project. Dave Ludwin, Director of Engineering,
reviewed the scope, schedule and amended budget for the project, as well as
provided information on alternatives to the GWRS project. Brad Hogin, Assistant
General Counsel, provided a review of the operating agreement.
Staff responded to Directors questions on the feasibility of the project. Some
Directors expressed concern with the increased cost of the project.
Mr. Anderson stated that when the 1999 Strategic Plan was adopted, the
preferred alternative was to participate in Phase I of the GWRS, and existing
secondary treatment from Plant 1 was to be diverted to GWRS which would
reduce the percentage of secondary treated water going to the ocean. The
GWRS system has no cost impact on the decision to go to secondary treatment.
Mr. Anderson further clarified that all secondary treated water provided to the
OCWD for reclamation purposes would be accomplished by conventional,
activated sludge processing in accordance with Title 22 provisions of current
state law.
Directors expressed concern that all alternatives were not being fully considered,
and felt the increased costs of the project had exceeded other viable alternatives
that were considered in 1999. It was suggested that these alternatives be looked
at again. There was concern that OCWD was only required to accept a minimal
amount of OCSD's water, and OCWD is anticipating alternative sources for
cheaper water for the project. Other Directors spoke to the need for the project
and Orange County's dependence on imported water.
A motion was moved and seconded to delay approval of the budget amendment
and operating agreement to allow staff adequate time (30-60 days) to prepare a
more complete report on alternatives to the project based upon the increased
budget numbers.
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A substitute motion was then moved and seconded to:
(1) Approve a budget amendment of $35, 166,000 increasing the OCSD's budget
to $236,372,000; and,
(2) Approve Joint Exercise of Powers Agreement for the Development, Operation
and Maintenance of the Groundwater Replenishment System and the Green
Acres Project.
Directors debated the positive and negative impacts of the GWRS project. The
impact of water independence for the county was cited, and the need for
approval of the project prior to the November election which will have a major
impact on the District's current Board of Directors, was discussed. There was
concern the GWRS project was not the most cost effective solution for the
taxpayer. Some cities within OCSD's jurisdiction (La Habra, Brea, Buena Park,
Villa Park, Yorba Linda, etc.) will not benefit from the project, yet those residents'
rates will be raised to subsidize the project.
Directors called for the question, and all agreed to end the debate. Following a
roll call vote, the substitute motion was approved as follows:
MOVED, SECONDED AND DULY CARRIED: (1) Approve a budget amendment
of $35, 166,000 increasing the OCSD's budget to $236,372,000; and,
(2) Approve Joint Exercise of Powers Agreement for the Development, Operation
and Maintenance of the Groundwater Replenishment System and the Green
Acres Project.
Ayes: Don Bankhead; Pattie Campbell; Debbie Cook; Laurann Cook; Norm
Eckenrode; Jim Ferryman; Tony Kawashima; Shirley McCracken; Pat
McGuigan; Roy Moore; Joy Neugebauer; Russ Patterson; Anna Piercy;
Tod Ridgeway; Jerry Sigler; Paul Walker
Noes: Steve Anderson; Brian Brady; Mike Duvall; Mark Leyes; Jim Silva
Absent: Mike Alvarez; Brian Donahue; Alice Jempsa; Beth Krom
d. MOVED, SECONDED AND DULY CARRIED: Authorize award of a construction
contract by the Orange County Water District (OCWD) to Mladen Buntich
Construction Co., Inc., for the Southeast Barrier Pipeline Project, OCWD
Contract No. GWRS-2001-3, funded under Orange County Sanitation District
(OCSD) Job No. J-36, Groundwater Replenishment System, in the total amount
of$ 3,381,000, with OCWD and OCSD paying equal shares of $1,690,500.
Director Mark Leyes opposed.
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e. MOVED, SECONDED AND DULY CARRIED: (1) Approve
Emerson/Westinghouse as the supplier for the process control system (PCS) for
the Groundwater Replenishment (GWR) System based on a lowest calculated
present worth life cycle cost of $2 ,369,916;
(2) Approve a Pre-Selection Agreement between Orange County Water District
(OCWD) and Emerson/Westinghouse for engineering services in the amount of
$312, 110, and a pricing structure for PCS equipment to be procured under future
contracts valued at $1,640, 132 , for a total not to exceed $1,952,242; and,
(3) Approve a Task Order between OCWD and Emerson/Westinghouse
providing for engineering services for the PCS design and standards
development in an amount not to exceed $312, 110, to be equally shared
between OCWD and Orange County Sanitation District.
Directors Brian Brady and Mark Leyes opposed.
17. CONVENE IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS
54956.9 and 54957.6: The Board convened in closed session at 9:56 p.m., pursuant to
Government Code Sections 54956.9 and 54957.6, to discuss Agenda Item Nos .
17(a)(1 ), (2), and (3). 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. 17(a)(1 ).
RECONVENE IN REGULAR SESSION: At 10:10 p.m., the Board reconvened in regular
session and reported the following actions during the closed session.
a . 2 . MOVED, SECONDED AND DULY CARRIED: Approve implementation of
the Classification and Compensation Study retroactive to July 12, 2002 .
3. MOVED , SECONDED AND DULY CARRIED: Approve revising the
components included in the benefits percentage calculation within the
Executive Management Team's At-Will Contracts to exclude the employer
share of the OCERS contribution.
18. Director Eckenrode inquired as to the status of the legislative efforts report that was
requested at the September 25, 2002 meeting . The General Manager advised the
report was being prepared and should be presented the following month.
ADJOURNMENT :
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