HomeMy WebLinkAbout11-20-2002 Board MinutesOrange County Sanitation District
MINUTES
BOARD MEETING
NOVEMBER 20, 2002
ADMINISTRATIVE OFFICES
10844 ELLIS AVENUE
FOUNTAIN VALLEY, CALIFORNIA 92708-7018
Minutes for Board Meeting
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ROLL CALL
A regular meeting of the Board of Directors of the Orange County Sanitation District was
held on November 20, 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
A Brian Brady Darryl Miller
x Patricia Campbell Paul Yost
x Debbie Cook Connie Boardman
x Laurann Cook Larry Crandall
x Brian Donahue David Shawver
x Norman Z. Eckenrode Constance Underhill
x James M. Ferryman Arlene Schafer
John M. Gullixson x Michael Duvall
x Alice B. Jempsa Arthur DeBolt
A 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
vacant x Richard A. Freschi
x Anna L. Piercy Tim Keenan
x Tod Ridgeway Gary Adams
Jerry Sigler x 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; Greg Mathews; Patrick Miles; Bob Ooten; Gary Streed;
Lisa Tomko; Mike Moore; Jim Colston; Jeff Reed
OTHERS PRESENT: Thomas L. Woodruff, General Counsel; Russ Patterson; Randy Fuhrman;
Don Hughes; Irwin Haydock; Dennis Baker; Larry Porter; Jan Vandersloot; Joan Irvine Smith;
Eileen Murphy; Don Slaven; Julie Bendzick-Sin; Greg Jewell; Robin Rustan; Paul Mosley; Garry
Brown; Terry Leu; Judith M. Gielow
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PUBLIC COMMENTS
The following persons expressed support for the District's submittal of an ocean discharge
permit application for secondary treatment standards on all wastewater discharged into the
ocean: Jan Vandersloot; Joan Irvine Smith; Randy Fuhrman; Greg Jewell; Robin Rustan; Eileen
Murphy; Garry Brown; Larry Porter; Dennis Baker.
Joan Irvine Smith expressed opposition to the District's disinfection program. In addition, Randy
Fuhrman referred to his letter that was distributed to Directors that evening which listed his
concerns on various items they would be considering for action.
Director Norm Eckenrode stated he had collected pictures of the majority of former chairs of the
Sanitation District and requested that the pictures be permanently displayed at the District.
RESOLUTIONS OF COMMENDATION
MOVED, SECONDED AND DULY CARRIED: That the Board of Directors adopt a Resolution of
Commendation expressing appreciation to Assemblyman Bill Maddox for his contribution, efforts
and support of AB 1969 which allows the District to proceed towards secondary treatment
standards without the possibility of mandatory penalties of over $1 million per year.
MOVED, SECONDED AND DULY CARRIED: That the Board of Directors adopt a Resolution of
Commendation expressing appreciation to outgoing Director Russ Patterson for his contribution
and dedication to public service upon his retirement from the District.
MOVED, SECONDED AND DULY CARRIED: That the Board of Directors adopt a Resolution of
Commendation expressing appreciation to outgoing Director Laurann Cook for her contribution
and dedication to public service upon her retirement from the District.
MOVED, SECONDED AND DULY CARRIED: That the Board of Directors adopt a Resolution of
Commendation expressing appreciation to outgoing Director Pat McGuigan for her contribution
and dedication to public service upon her retirement from the District.
MOVED, SECONDED AND DULY CARRIED: That the Board of Directors adopt a Resolution of
Commendation expressing appreciation to outgoing Director John Gullixson for his contribution
and dedication to public service upon his retirement from the District.
MOVED, SECONDED AND DULY CARRIED: That the Board of Directors adopt a Resolution of
Commendation expressing appreciation to outgoing Director Jerry Sigler for his contribution and
dedication to public service upon his retirement from the District.
REPORT OF THE CHAIR
Chair McCracken announced that Director Brian Donahue was appointed Chair of the Planning,
Design and Construction Committee, and Director Jim Ferryman was appointed Chair of the
Operations, Maintenance and Technical Services Committee. She also announced that the Ad
Hoc Committee re Urban Runoff meeting scheduled for November 21 51 had been cancelled.
The OMTS and PDC committees will be dark in January. The FAHR committee will meet on
January 81h in closed session on meet and confer issues.
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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.
Dave Ludwin, Director of Engineering, gave a brief overview on the process of developing the
District's Capital Improvement Program validation process with regard to meeting the
construction needs to achieve 30/30 treatment levels. The program will include 150 projects
with an estimated budget of approximately $1.8 billion. It is anticipated that the validated
Capital Improvement Program will be presented to the Board of Directors in March 2003.
REPORT OF THE GENERAL COUNSEL
General Counsel Thomas L. Woodruff reported on a recent meeting between EPA and the local
environmental groups which District staff attended. The environmental group requested they be
kept informed throughout the scheduled permit review process. It was also reported that EPA's
policy requires negotiations to be kept confidential. After terms of the permit have been
negotiated, there will be a public comment period prior to the issuance of the permit.
Mr. Woodruff also reported the Steering Committee discussed Santa Ana Watershed Project
Authority's (SAWPA) unpaid invoices from the District, and gave direction to the District's
representatives on or to the SARI Protection/Relocation Joint Management Committee to hopefully
resolve the issue. In response to Directors' questions, the General Manager stated that the possible
purchase by SAWPA of the SARI line and the monies due to the District are two separate issues. It
was also clarified that SAWPA has the funds to pay for the use of the SARI line and engineering
services for the relocation of the line, but maintains that it does not have the funds for construction
improvements.
APPROVAL OF MINUTES
The Chair ordered that the minutes of the regular meeting held October 23, 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 10/15/02 10/31/02
Totals $5,340,853.52 $11,897,884.25
Director Mark Leyes abstained. Director Alice Jempsa abstained on Warrant Nos. 47899 and
48023.
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9. a.
CONSENT CALENDAR
MOVED, SECONDED AND DULY CARRIED: Receive and file Summons and
Complaint, Emilio Ariston v. Orange County Sanitation District, Orange County
Superior Court Case No. 02CC16686, regarding Complaint for Damages Arising
from National Origin and/or Race Harassment, Discrimination, and Retaliation,
and authorize General Counsel to appear and defend the interests of the District.
NON-CONSENT CALENDAR
11. DRAFT STEERING COMMITTEE MINUTES: A verbal report was presented by Director
McCracken, Chair of the Steering Committee, re the November 7 and November 20,
2002 meetings.
Chair McCracken stated the General Manager provided reports to the committee on the
California legislative agenda for 2003; a new handbook for Directors on committee
charters and the Directors' duties; 30/30 secondary treatment standards, biosolids
management and disinfection; and the future of the Communications Division.
Additional items were presented by the staff and discussed by the committee:
• 2003 Committee meeting schedule was reviewed. It was determined that the OMTS
and PDC Committees will be dark in January and August. Because of labor
negotiations, the FAHR Committee will meet in January and be dark in August.
• A workshop for new and returning Directors has been scheduled for February 19,
2003 at 7:00 p.m. The FAHR Committee meeting was also scheduled to meet on the
same date at 5:00, due to the February 12th holiday.
• Discussion of low interest loans for residents to convert from septic tanks to sewer
connections was moved to the December 18, 2002 meeting.
• Unpaid invoices by SAWPA were discussed. Documentation has been compiled by
staff and General Counsel, detailing the numerous meetings, letters, memos, faxes,
e-mails and invoices relating to the issue, which must be resolved with SAWPA
before staff undertakes any additional work. The issue will be the subject of the next
meeting of the SARI Joint Management Committee with SAWPA.
• The District's Washington, DC lobbyists, Eric Saperstein and John Freshman,
attended a special meeting of the Steering Committee held on November 7th, to
review the legislative advocacy plan. The lobbyists advised the Committee they had
been successful in placing language in EPA's appropriations bill that should assist the
District in its permit negotiations with EPA. They outlined a strategy for pursuing
federal grant funding to help pay the costs for attaining secondary treatment
standards, and they believe the District has a good chance to obtain federal funds if
the District is willing to pursue the funds. Staff was directed to prepare an agenda
report for the following month establishing a budget for calendar year 2003, covering
fiscal years 02/03 and 03/04 recommending a contract for professional advocacy
services that would result in the development of a short-term strategy for securing
grant funding and include an estimate of the amount of grant assistance available.
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The Chair then ordered the draft Steering Committee Minutes for the meetings held on
October 23, 2002 and November 7, 2002 to be filed.
c. Federal Legislative Advocacy Efforts
(1) Establish a budget of $200,000 for federal legislative advocacy; and,
(2) Authorize the General Manager to enter into a Consultant Services
Agreement with ENS Resources, Inc. for a one year period, effective January 1,
2003 through December 31, 2003, providing for professional advocacy services
for a total amount not to exceed $180,000, in a form approved by General
Counsel.
Directors requested the status of the report requested on legislative advocacy
efforts. Chair McCracken noted a draft report had been distributed at the
Steering Committee that evening. At the Chair's request, copies of the report
were provided to the Directors.
In response to Directors' concerns regarding contract costs, the General
Manager reported that although the agreement is for a one-year period, it is a
month-to-month retainer with the ability to discontinue at any time if the District
chooses to do so. He also advised the Steering Committee would be provided
with updates on a regular basis.
MOVED, SECONDED AND DULY CARRIED: (1) Establish a budget of $200,000
for federal legislative advocacy; and,
(2) Authorize the General Manager to enter into a Consultant Services
Agreement with ENS Resources, Inc. for a one year period, effective January 1,
2003 through December 31, 2003, providing for professional advocacy services
for a total amount not to exceed $180,000, in a form approved by General
Counsel.
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 November 6, 2002
meeting.
The Chair then ordered the draft Operations, Maintenance and Technical Services
Committee Minutes for the meeting held on November 6, 2002 to be filed.
c. MOVED, SECONDED AND DULY CARRIED: (1) Approve Change Order No. 3
to the contract with Kemiron Pacific, Inc. for Purchase of Ferric Chloride,
Specification No. C-147, in the amount of $500,000, increasing the total contract
amount not to exceed $3,035,000, for the period ending November 30, 2002;
and,
(2) Renew the contract with Kemiron Pacific, Inc., for Purchase of Ferric
Chloride, Specification No. C-147, for a one-year period, December 1, 2002
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through November 30, 2003, providing for an additional unit rate increase of $97
per dry ton, increasing the total unit price to $426.69, including sales tax and
delivery, for an estimated annual amount of $5, 120,280.
d. MOVED, SECONDED AND DULY CARRIED: Approve Amendment No. 1 to the
Agreement for Management of Biosolids with Tule Ranch/Magan Farms,
extending the contract term for one year, January 1, 2003 through December 31,
2003, with four additional one-year options, for an annual amount not to exceed
$3,804,000.
e. MOVED, SECONDED AND DULY CARRIED: (1) Approve use of Sancon 100
and Sancon 200 Series polyurethane coatings as the District's standard spray-on
coating material for manhole and pump station wetwell repairs and rehabilitation;
and,
(2) Authorize the General Manager to enter into a sole source Services
Agreement with Sancon Engineering II, Inc., to provide coating and application
services of Sancon 100 and Sancon 200 Series on an on-call basis for one year,
with four one-year renewable options, for an annual amount not to exceed
$300,000.
13. DRAFT PLANNING, DESIGN AND CONSTRUCTION COMMITTEE MINUTES: A
verbal report was presented by Director Donahue, Chair of the Planning, Design and
Construction Committee, re the November 7, 2002 meeting.
The Chair then ordered the draft Planning, Design and Construction Committee Minutes
for the meeting held on November 7, 2002 to be filed.
c. MOVED, SECONDED AND DULY CARRIED: (1) Approve a budget
amendment of $98,576 for Orange-Western Subtrunk Relief Sewer, Contract No.
3-25, for a total budget of $1,682,667;
(2) Ratify Change Order No. 2 to Orange-Western Subtrunk Relief Sewer,
Contract No. 3-25, with Elser Constructors, Inc., authorizing an addition of
$94,956 and a time extension of 17 calendar days, increasing the total contract
amount to $1,279, 146;
(3) Ratify Change Order No. 3 for an Adjustment of Engineer's Quantities,
authorizing an increase of $2,346, increasing the total contract amount to
$1,281,492; and,
(4) Accept Orange-Western Subtrunk Relief Sewer, Contract No. 3-25, as
complete, authorizing execution of the Notice of Completion and approving the
Final Closeout Agreement.
d. MOVED, SECONDED AND DULY CARRIED: (1) Approve a budget amendment
of $587,216 for Scrubber Monitor and Control, Job No. J-71-7, for a total budget
of $3,319,216;
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(2) Ratify Change Order Nos. 2 and 3 to Scrubber Monitor and Control, Job
No. J-71-7, with Margate Construction, Inc., authorizing an addition of $651,210
and a time extension of 20 calendar days, increasing the total contract amount to
$1,905,779; and,
(3) Accept Scrubber Monitor and Control, Job No. J-71-7, as complete,
authorizing execution of the Notice of Completion and approving the Final
Closeout Agreement.
e. MOVED, SECONDED AND DULY CARRIED: Approve Professional Services
Agreement with Malcolm Pirnie, Inc. for preparation of emission reduction study
assessment in connection with Central Generation Automation, Job No. J-79, for
an amount not to exceed $253,235.
Director Mark Leyes abstained.
f. MOVED, SECONDED AND DULY CARRIED: (1) Approve budget reallocation of
$2,645,000 for Trickling Filter Rehabilitation and New Clarifiers, Job No. P1-76,
with no change in total project budget;
(2) Approve plans and specifications for Trickling Filter Rehabilitation and New
Clarifiers, Job No. P1-76, on file at the office of the Board Secretary; and,
(3) Authorize the General Manager to establish the date for receipt of bids for
Trickling Filter Rehabilitation and New Clarifiers, Job No. P1-76.
g. MOVED, SECONDED AND DULY CARRIED: Approve Addendum No. 4 to the
Professional Services Agreement with Parsons Engineering Science, Inc., for
Area Classification Study Implementation Plan, Plant Nos. 1 and 2, Job
No. J-35-2, providing for changes in the Scope of Work for an additional amount
of $140,667, for a total amount not to exceed $3,411,411.
Director Mark Leyes abstained.
h. MOVED, SECONDED AND DULY CARRIED: Receive and file Final Interim
Strategic Plan Update, Job No. J-40-8, dated September 2002, prepared by
Camp Dresser and McKee, Inc.
i. MOVED, SECONDED AND DULY CARRIED: Approve Addendum No. 3 to the
Professional Services Agreement with Black & Veatch Corporation for Effluent
Pump Station Annex, Job No. J-77, providing for additional design engineering
services for an additional amount of $304,000, increasing the total amount not to
exceed $4,015,523.
j. MOVED, SECONDED AND DULY CARRIED: Authorize the General Manager to
negotiate Addendum No. 3 with Fluor Signature Services for Phase Ill of the
Space Allocation and Interior Renovation, Job No. J-84, providing for a detailed
engineering design and preparation of plans and specifications.
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14. DRAFT FINANCE, ADMINISTRATION AND HUMAN RESOURCES COMMITTEE
MINUTES: A verbal report was presented by Director Moore, Vice Chair of the Finance,
Administration and Human Resources Committee, re the November 13, 2002 meeting.
The Chair ordered the draft Finance, Administration and Human Resources Committee
Minutes for the meeting held on November 13, 2002 to be filed.
c. MOVED, SECONDED AND DULY CARRIED: Receive and file Treasurer's
Report for the month of October 2002.
d. MOVED, SECONDED AND DULY CARRIED: Receive and file the Quarterly
Investment Management Program Report for the period July 1, 2002 through
September 30, 2002.
e. MOVED, SECONDED AND DULY CARRIED: Approve SAFETY-POL 304, as
provided for in Resolution No. OCSD 02-5, regarding the District's Injury and
Illness Prevention Program Policy.
f. MOVED, SECONDED AND DULY CARRIED: Receive and file the 2002-03 First
Quarter Financial Report for the period ending September 30, 2002.
g. MOVED, SECONDED AND DULY CARRIED: Receive, file and approve the
District's Comprehensive Annual Financial Report (CAFR) for the year ended
June 30, 2002, prepared by staff and audited by Moreland and Associates,
Certified Public Accountants.
h. MOVED, SECONDED AND DULY CARRIED: Adopt a revised per diem policy for
authorized training and travel providing for daily limits approved by the IRS for
various locations in the United States.
i. MOVED, SECONDED AND DULY CARRIED: Approve Amended and Restated
Agreement re: Additional Retiree Benefit Account with the Orange County
Employees Retirement System, providing for segregation of a portion of the
ARBA funds to a trust fund for the benefit of current and future retirees, in a form
approved by General Counsel.
j. MOVED, SECONDED AND DULY CARRIED: Authorize the books and accounts
of Revenue Area 7 be combined with those of the rest of the Orange County
Sanitation District, except for Revenue Area 14, and that future revenues,
expenses and capital outlays be considered those of the consolidated Orange
County Sanitation District effective July 1, 2003.
Director Mark Leyes opposed.
k. MOVED, SECONDED AND DULY CARRIED: Approve the reclassification of
eight District employees and nine positions.
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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 November 12, 2002.
Director Eckenrode reported a formal signing of the Joint Operating Agreement was held
on November 12, 2002, and that construction is scheduled to begin on the GWRS
system within 60 days. It is hoped that within four years the project will provide enough
water for 800,000 residents.
The Chair ordered the Groundwater Replenishment System Joint Cooperative
Committee Minutes for the meeting held on October 14, 2002 to be filed.
16. MOVED, SECONDED AND DULY CARRIED: (1) Approve plans and specifications for
Rehabilitation of 36" Force Main B, between Bitterpoint Pump Station and Junction Box,
Contract No. 5-29-R 1 ;
(2) Approve Addendum No. 1 to the plans and specifications;
(3) Declare the low bid submitted by Colich Construction, L.P., as non-responsive due to
failure to provide complete submittals required;
(4) Declare the second low bid submitted by Doty Brothers Equipment Co., as
non-responsive due to failure to provide complete submittals required;
(5) Receive and file bid tabulation and recommendation; and,
(6) Award a contract to lnsituform Technologies, Inc., for Rehabilitation of 36" Force
Main B, between Bitterpoint Pump Station and Junction Box, Contract No. 5-29-R1, for
an amount not to exceed $1,552,470.
17. MOVED, SECONDED AND DULY CARRIED: Authorize the General Manager to submit
the Ocean Discharge Permit Application to the Environmental Protection Agency,
Region IX, and the California Regional Water Quality Control Board, Santa Ana Region,
consistent with Resolution No. OCSD 02-14, Establishing the Policy for Level of
Treatment of Wastewater Discharged into the Ocean.
18. There was no closed session.
19. Director Eckenrode requested the District's contract with Scott Baugh be placed on the
agenda the following month for discussion.
20. Alternate Director Mike Duvall reported that Don Fox, a former Director and Chair of the
Orange County Sanitation District had recently undergone a lung transplant and was
recovering at his residence in Brea.
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ADJOURNMENT: The Chair declared the meeting adjourned at 8:38 p.m .
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