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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 Page 2 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 Minutes for Board Meeting Page 3 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. Minutes for Board Meeting Page 4 10/23/02 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. Minutes for Board Meeting Page 5 10/23/02 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. Minutes for Board Meeting Page 6 10/23/02 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. Minutes for Board Meeting Page 7 10/23/02 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. Minutes for Board Meeting Page 8 10/23/02 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. Minutes for Board Meeting Page 9 10/23/02 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. Minutes for Board Meeting Page 10 10/23/02 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 : G:\wp.dta\admin\BS\Minutes\092502 draft minutes .doc