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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 Page 2 11/20/02 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 Minutes for Board Meeting Page 3 11/20/02 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. Minutes for Board Meeting Page4 11/20/02 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. Minutes for Board Meeting Page 5 11/20/02 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. Minutes for Board Meeting Page 6 11/20/02 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 Minutes for Board Meeting Page 7 11/20/02 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; Minutes for Board Meeting Page 8 11/20/02 (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. Minutes for Board Meeting Page 9 11/20/02 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. Minutes for Board Meeting Page 10 11/20/02 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 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. Minutes for Board Meeting Page 11 11/20/02 ADJOURNMENT: The Chair declared the meeting adjourned at 8:38 p.m . G :\wp .dta\admin\BS\Minutes\092502 draft minutes.doc