HomeMy WebLinkAbout12-18-2002 Board MinutesCorrected
Orange County Sanitation District
MINUTES
BOARD MEETING
DECEMBER 18, 2002
ADMINISTRATIVE OFFICES
10844 ELLIS AVENUE
FOUNTAIN VALLEY, CALIFORNIA 92708-7018
Minutes for Board Meeting
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12/18/02
ROLL CALL
A regular meeting of the Board of Directors of the Orange County Sanitation District was
held on December 18, 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 Bob Hernandez
x Steve Anderson, Vice Chair Steve Simonian
x Mike Alvarez Mark A. Murphy
A Don Bankhead (vacant)
A Brian Brady Darryl Miller
x Patricia Campbell Paul Yost
x John Collins Larry Crandall
x Debbie Cook Connie Boardman
x Brian Donahue David Shawver
x Michael Duvall Keri Lynn Wilson
x Norman Z. Eckenrode Constance Underhill
x James M. Ferryman Arlene Schafer
x Alice B. Jempsa (vacant)
x Tony Kawashima Tracy Worley
x Beth Krom (vacant)
x Mark Leyes Bruce Broadwater
x Robert McGowan Richard A. Freschi
x Roy Moore Marty Simonoff
x Joy Neugebauer Grace Epperson
x Anna L. Piercy Tim Keenan
x Tod Ridgeway Gary Adams
A Jim Silva Chuck Smith
x Paul Walker Kenneth Blake
(vacant) x Alberta Christy
(vacant) x Jim Dow
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; Jim Herberg; Doug Stewart; Ingrid Hellebrand; Kelly Christensen; Michael Vuong;
Paula Zeller
OTHERS PRESENT: Thomas L. Woodruff, General Counsel; Randy Fuhrman; Don Hughes;
Irwin Haydock; Larry Porter; Bill Kennedy; Lynn Norton; Brent Hayes
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3. MOVED, SECONDED AND DULY CARRIED: Receive and file minute excerpts from the
following re appointment of active and alternate Directors, as follows:
City/Agency Active Director Alternate Director
Anaheim Shirley McCracken Bob Hernandez
Fountain Valley John Collins Larry R. Crandall
Stanton Brian Donahue David Shawver
Villa Park Robert McGowan Richard Freschi
Yorba Linda Michael Duvall Keri Lynn Wilson
PUBLIC COMMENTS
Randy Fuhrman requested the Directors consider increasing user charges more quickly so that
less money would need to be borrowed, keeping costs down over the long term. Irwin Haydock
expressed concern regarding additional microfiltration research, short-term disinfection costs,
outfall ballast costs, and the research budget for the groundwater replenishment system.
REPORT OF THE CHAIR
Chair McCracken reported the second Orange County Leadership Symposium would be held
January 23-26, 2003, in Lake Arrowhead. Directors were encouraged to attend, and registration
forms were included in their meeting folders.
It was announced that the FAHR Committee would be meeting on January 81h, and all other
working committees would be dark. The regular committee meeting schedule would resume in
February.
Chair McCracken advised that an informational workshop for new, returning and alternate
Directors was scheduled for February 19th at 7:00 p.m. This workshop will immediately follow
the FAHR Committee meeting which begins at 5:00 p.m. Information on the District's
operations, facilities, ocean monitoring program and capital facilities program will be provided.
REPORT OF THE GENERAL MANAGER
Blake Anderson, General Manager, responded to some of the public comments made that
evening. The accelerated user fee suggestion has some merit, and will be considered as one of
the alternatives during the upcoming year. A project for additional ballast around the District's
outfall was recently completed. It was determined through model studies that El Nino storms
and wave heights could possibly unseat the outfall, and additional ballasting was considered as
a proactive approach to protecting it from storm conditions
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Mr. Anderson 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.
It was announced that the District had received four awards from the Santa Ana River Basin
Section of the California Water Environment Association. Bob Ooten, Director of Operations
and Maintenance, then recognized Michael Vuong for presentation of the Operator of the Year
award; Kelly Christensen for Industrial and Hazardous Waste Person of the Year award; Ingrid
Hellebrand for Public Education Small Budget award; and, Jeff Brown for Engineering Research
Achievement award for High Powered Ultrasonic Sludge Treatment.
Bob Ghirelli, Director of Technical Services, recognized employee Kim Patton, laboratory
microbiologist, for his 25 years of service to the District.
REPORT OF THE GENERAL COUNSEL
Thomas L. Woodruff, General Counsel, provided an update on the unpaid invoices by the Santa Ana
Watershed Project Authority (SAWPA). The Regional Water Quality Control Board (RWQCB) has
advised that at their meeting in May they will initiate legal proceedings by adopting a Cease and
Desist Order naming Orange County Sanitation District as the subject of that order. The order is to
address the SARI line and the RWQCB's concern with no progress made on the protection of the
SARI line, as well as SAWPA's lack of payment. Non-compliance to the order, once issued, carries
fines up to $25,000 per day to those named in the order. Adding SAWPA's name to the order is
being considered by the RWQCB.
Mr. Woodruff reported that the Corps of Engineers is undertaking a project to raise the Prado Dam,
as well as to widen and prepare for development behind the dam. The Corps is obligated to protect
all adversely affected utilities, such as the SARI line. Orange County Public Facilities and
Resources Department (PFRD) also recognize they have some responsibility. Staff is investigating
transferring ownership of the line to SAWPA. A confidential report will be prepared and mailed to the
Directors prior to the January 22nd meeting outlining the legal issues and recommended approaches.
Mr. Woodruff then discussed a memorandum included in the Directors' agenda packages regarding
a request for waiver of potential conflict of interest with regard to his firm's proposal to provide legal
services to the Orange County Water District. The directors discussed at length the potential for a
conflict of interest. Due to concern of some Directors, Mr. Woodruff stated his firm would withdraw
its proposal to provide legal services to the Orange County Water District.
APPROVAL OF MINUTES
The Chair ordered that the minutes of the regular meeting held November 20, 2002 be deemed
approved, as mailed.
Directors Alberta Christy, John Collins, Tony Kawashima and Robert McGowan abstained.
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.
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ALL DISTRICTS 11/15/02 11/30/02
Totals $5,717,575.79 $11,653,873.10
Directors Mark Leyes and Robert McGowan abstained. Director Alice Jempsa abstained on
Warrant No. 49083.
9. a.
CONSENT CALENDAR
MOVED, SECONDED AND DULY CARRIED: Adopt Resolution No. OCSD
02-21, Adopting the District's 2002 Conflict of Interest Code, and Repealing
Resolution No. OCSD 00-21.
NON-CONSENT CALENDAR
11. DRAFT STEERING COMMITTEE MINUTES: A verbal report was presented by Director
McCracken, Chair of the Steering Committee, re the December 18, 2002 meeting.
Chair McCracken reported that the General Manager and staff provided updates on
achieving 30/30 secondary treatment standards, biosolids management and disinfection.
Additional items were presented by the staff and discussed by the committee:
• Discussion of low interest loans for residents to convert from septic tanks to sewer
connections in areas other than unincorporated Orange County
• Review of the Directors' Handbook. Staff requested input on frequently asked
questions and answers.
• Anticipated outreach efforts in Sacramento in 2003, including the use of Scott Baugh.
The Committee directed staff to continue working on these issues.
• The Committee met in closed session to discuss: (1) one potential litigation item
involving the District and SAWPA; (2) Kern County lawsuit; (3) Executive
Management Team compensation recommendations.
The Chair then ordered the draft Steering Committee Minutes for the meeting held on
November 20, 2002 to be filed.
12. DRAFT OPERATIONS, MAINTENANCE AND TECHNICAL SERVICES COMMITTEE
MINUTES: A verbal report was presented by Director Paul Walker, Chair pro tern of the
Operations, Maintenance and Technical Services Committee, re the December 4, 2002
meeting.
The Chair pro tern then ordered the draft Operations, Maintenance and Technical
Services Committee Minutes for the meeting held on December 4, 2002 to be filed.
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c. MOVED, SECONDED AND DULY CARRIED: Receive and file Microfiltration
Demonstration Project Report, Phase I, prepared by Carollo Engineers, dated
December 2002.
d. MOVED, SECONDED AND DULY CARRIED: Approve Change Order No. 1 to
Purchase Order No. 101322 issued to U.S. Peroxide for Purchase of Hydrogen
Peroxide, Specification No. C-2002-90, for an additional amount of $600,000,
increasing the total amount not to exceed $1,426,036 for the contract period
ending June 30, 2003.
e. MOVED, SECONDED AND DULY CARRIED: Authorize staff to issue a purchase
order contract to PixelPushers, Inc. for Online Technical Specification Reference
Library, Specification No. M-2002-1 OOR, to provide for software and
implementation services, in an amount not to exceed $186,470 plus tax.
f. MOVED, SECONDED AND DULY CARRIED: Receive and file External
Inspection of 120" and 78" Ocean Outfalls Report, prepared by Undersea
Graphics, Inc. dated January 2002.
g. MOVED, SECONDED AND DULY CARRIED: (1) Receive and file Asset
Management Strategic Plan and Framework Analysis prepared by Parsons
Infrastructure and Technology, Inc., dated November 2002; and,
(2) Authorize the General Manager to negotiate a contract amendment with
Parson's Infrastructure and Technology, Inc. for the Asset Management
Program, Phase 2, to be approved and awarded by the Board of Directors at a
future meeting.
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 December 5, 2002 meeting.
The Chair then ordered the draft Planning, Design and Construction Committee Minutes
for the meeting held on December 5, 2002 to be filed.
c. MOVED, SECONDED AND DULY CARRIED: Ratify Change Order No. 4 to
Primary Clarifiers 16-31 and Related Facilities, Job No. P1-37, with Margate
Construction, authorizing an addition of $356,059 and an extension of 82
calendar days, increasing the total contract amount to $70,846,009.
d. MOVED, SECONDED AND DULY CARRIED: (1) Ratify Change Order No. 12 to
Rehabilitation of Digesters I, J, K, L, M, N, and 0 at Plant No. 2, Job No. P2-39,
with Margate Construction, authorizing a deduction of $5, 182, decreasing the
total contract amount to $10,911, 147;
(2) Ratify Change Order No. 13 for an Adjustment of Engineer's Quantities,
authorizing a decrease of $4,000, decreasing the total contract amount to
$10,907,147; and,
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(3) Accept Rehabilitation of Digesters I, J, K, L, M, N, and 0 at Plant No. 2, Job
No. P2-39, as complete, authorizing execution of the Notice of Completion and
approving the Final Closeout Agreement.
e. MOVED, SECONDED AND DULY CARRIED: (1) Ratify Change Order No. 3 to
Abandonment of Airbase Trunk Sewer-Arlington, Contract No. 6-13-2, with Mike
Prlich & Sons, Inc., authorizing an addition of $24,730, increasing the total
contract amount to $650, 100;
(2) Ratify Change Order No. 4 for an Adjustment of Engineer's Quantities,
authorizing an increase of $49,400, increasing the total contract amount to
$699,500; and,
(3) Accept Abandonment of Airbase Trunk Sewer-Arlington, Contract No. 6-13-2,
as complete, authorizing execution of the Notice of Completion and approving
the Final Closeout Agreement.
f. MOVED, SECONDED AND DULY CARRIED: (1) Ratify Change Order No. 1 to
Ocean Outfall Re-Ballast Project, Job No. J-39, with Connolly-Pacific Inc.,
authorizing a $10,000 credit, decreasing the total contract amount to $4,863,000;
and,
(2) Accept Ocean Outfall Re-Ballast Project, Job No. J-39, as complete,
authorizing execution of the Notice of Completion and approving the Final
Closeout Agreement.
g. MOVED, SECONDED AND DULY CARRIED: (1) Approve a budget amendment
of $44,314 for Ocean Outfall Flowmeter Replacement at Plant No. 2, Job No. J-
66, for a total budget of $2,055,387;
(2) Ratify Change Order No. 5 to Ocean Outfall Flowmeter Replacement at Plant
No. 2, Job No. J-66, with Urbantec Engineers, Inc., authorizing an addition of
$48, 114 and a time extension of 28 calendar days, increasing the total contract
amount to $1,459, 187; and,
(3) Accept Ocean Outfall Flowmeter Replacement at Plant No. 2, Job No. J-66,
as complete, authorizing execution of the Notice of Completion and approving
the Final Closeout Agreement.
h. MOVED, SECONDED AND DULY CARRIED: Approve Addendum No. 2 to the
Professional Services Agreement with Brown and Caldwell for the Trunk Sewer
Mapping Project, Contract No. 1-98, providing for additional mapping services for
an amount of $163, 126, increasing the total amount not to exceed $1,353,391.
i. MOVED, SECONDED AND DULY CARRIED: Approve Addendum No. 11 to the
Professional Services Agreement with Parsons Engineering Science, Inc. for
Plant Reinvention/Automation Project, Job No. J-42, providing for additional
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engineering services for an additional amount of $186,977, increasing the total
amount not to exceed $9,655,793.
Director Mark Leyes abstained.
j. MOVED, SECONDED AND DULY CARRIED: Authorize the General Manager to
negotiate and award Addendum No. 5 to the Professional Services Agreement
with Carollo Engineers for design of Headworks Improvements at Plant No. 2,
Job No. P2-66, providing for additional engineering services for an additional
amount not to exceed $2,600,000, increasing the total amount not to exceed
$15,877,372.
k. MOVED, SECONDED AND DULY CARRIED: (1) Approve a budget amendment
of $500,000 for Short-Term Ocean Outfall Bacteria Reduction, Job No. J-87, for a
total budget of $7,930,000;
(2) Approve Addendum No. 1 to the Professional Services Agreement with Black
& Veatch Corporation for Short-Term Ocean Outfall Bacteria Reduction, Job
No. J-87, providing for additional engineering services in an amount not to
exceed $450,000, increasing the total amount not to exceed $897,920;
Addendum No. 1 was actually awarded for $406,761.00, for a total amount not to
exceed $854,681.
(3) Approve Addenda Nos. 1, 2, and 3 to the plans and specifications;
(4) Receive and file letter dated November 27, 2002 from SS Mechanical
Corporation, apparent low bidder, requesting to be relieved from their bid due to
a mathematical error;
(5) Approve the request of SS Mechanical Corporation to be relieved from their
bid;
(6) Receive and file bid tabulation and recommendation;
(7) Award a construction contract to J. F. SHEA Construction, Inc. for Short-Term
Ocean Outfall Bacteria Reduction Project, Job No. J-87, for an amount not to
exceed $4,298,247.
14. DRAFT FINANCE, ADMINISTRATION AND HUMAN RESOURCES COMMITTEE
MINUTES: A verbal report was presented by Director Roy Moore, Vice Chair of the
Finance, Administration and Human Resources Committee, re the December 11, 2002
meeting.
The Chair ordered the draft Finance, Administration and Human Resources Committee
Minutes for the meeting held on December 11, 2002 to be filed.
Minutes for Board Meeting
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c. MOVED, SECONDED AND DULY CARRIED: Receive and file Treasurer's
Report for the month of November 2002.
d. MOVED, SECONDED AND DULY CARRIED: Adopt Resolution No. OCSD-22,
Amending Resolution No. OCSD 98-33, Amending Human Resources and
Policies Procedures Manual, providing for adoption of Policy No. E90.00, Internet
and Electronic Mail Usage.
e. MOVED, SECONDED AND DULY CARRIED: Approve a change order to the
purchase order contract to appoint Moreland & Associates as the District's
independent auditors for fiscal year 2002-03 in an annual amount not to exceed
$47,800, and not to exceed $49,700 for fiscal year 2003-04.
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 December 9, 2002.
The Chair ordered the Groundwater Replenishment System Joint Cooperative
Committee Minutes for the meeting held on November 12, 2002 to be filed.
16. MOVED, SECONDED AND DULY CARRIED: Authorize the General Manager to
execute a Grant of Easement to Southern California Edison Company at no cost to build
and maintain an electrical substation and transmission line near the intersection of
Garfield Street/Ward Avenue, in the city of Fountain Valley, in connection with the
Groundwater Replenishment System, Job No. J-36, in a form approved by General
Counsel.
17. Consideration of the following actions regarding environmental documentation required
to modify the certified 1999 Strategic Plan Final Program Environmental Impact Report:
a. MOVED, SECONDED AND DULY CARRIED: Receive and file Final
Supplemental Environmental Impact Report for Effluent Pump Station Annex,
Job No. J-77, and the Collection System Odor and Corrosion Control Program,
November 2000, prepared by Environmental Science Associates; and,
b. MOVED, SECONDED AND DULY CARRIED: MOVED, SECONDED AND DULY
CARRIED: Adopt Resolution No. OCSD 02-23, Making Certain Findings Relating
to Significant Environmental Effects identified in the Final Supplemental
Environmental Impact Report for implementation of the Effluent Pump Station
Annex, Job No. J-77, and Collection System Odor and Corrosion Control
Program; Adopting a Mitigation Monitoring and Reporting Program
Supplementing the 1999 Strategic Plan EIR; Certifying the Final Supplemental
Environmental Impact Report for the Effluent Pump Station Annex, Job No. J-77,
and Collection System Odor and Corrosion Control Program; and authorizing the
Filing of a Notice of Determination re said project.
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18. Consideration of actions regarding Boyle Engineering Corporation and Contract
No. 7-7-2:
Dave Ludwin, Director of Engineering, gave a brief report on the project. Directors
requested clarification on the design engineer's error, as well as assurance the process
has been corrected for this type of error. In the future, staff costs are to be included in
settlement of design errors. Directors also requested that in the future an item of this
magnitude be presented to the Planning, Design and Construction Committee prior to
being presented to the full Board for consideration.
MOVED, SECONDED AND DULY CARRIED: (a) Approve Cooperation and
Reimbursement Agreement with Boyle Engineering Corporation to provide
reimbursement to the District of costs estimated at $969,000, and to provide for
additional engineering services at no cost, for correction of a design error for
Modifications to the Main Street Pump Station, Contract No. 7-7-2, in a form approved
by General Counsel;
(b) Approve plans and specifications for Modifications to the Main Street Pump Station,
Contract No. 7-7-2, on file at the office of the Board Secretary;
(c) Approve Addendum No. 1 to the plans and specifications;
(d) Receive and file Bid Tabulation and Recommendation; and,
(e) Award a construction contract to Cora Constructors for Modifications to the Main
Street Pump Station, Contract No. 7-7-2, for an amount not to exceed $738,000.
Director Mark Leyes abstained.
19. There was no closed session.
Thomas L. Woodruff, General Counsel, gave a status report on litigation involving Kern
County. The judge ruled in favor of Kern County on all counts. The county has also
adopted a new ordinance banning all but exceptional quality biosolids, and waived all
CEQA requirements. City of Los Angeles, County Sanitation Districts of Los Angeles,
and CASA are legally challenging the ordinance.
20. MOVED, SECONDED AND DULY CARRIED: Director Eckenrode's request to discuss
the District's contract with the firm Manatt, Phelps and Phillips (primarily represented by
Scott Baugh, Esq.) be placed on the January 22, 2003 agenda.
ADJOURNMENT: The Chair declared the meeting adjourned at 8:56 p.m.
Secretary of t ectors of
Orange County Sanitation istrict
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