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Home My WebLink About2002-06 DRAFT MINUTES OF STEERING COMMITTEE MEETING Wednesday, June 26, 2002 A meeting of the Steering Committee ofthe Orange County Sanitation District was held on Wednesday, June 26, 2002 at 5 p.m., in the District's Administrative Office. (1) The roll was called and a quorum declared present, as bllows: STEERING COMMITTEE MEMBERS: OTHERS PRESENT: Directors Present: Thomas L. Woodruff, General Counsel Norm Eckenrode, Chair Don Hughes Shirley McCracken, Vice Chair Doug Korthof Pat McGuigan, Chairman, OMTS Committee Don Schultz Steve Anderson, PDC Committee Larry Porter Brian Brady, Chairman, FAHR Committee Randy Fuhrman Jim Silva, County Supervisor Joan Irvine Smith Stephanie Barger Directors Absent: None STAFF PRESENT: Blake Anderson, General Manager Bob Ghirelli, Director of Technical Services David Ludwin, Director of Engineering Bob Ooten, Director of Operations and Maintenance Gary Streed, Director of Finance Lisa Murphy, Communications Manager Jean Tappan, Committee Secretary Mike Moore, ECM Manager (2) APPOINTMENT OF CHAIR PRO TEM FILED IN THE OFFICE OF THE SECRETARY No appointment was necessary. ORANGE COOury QANITAnON DISTRICT AUG 28 2002 (3) PUBLIC COMMENTS By Doug Korthof, Don Schultz and Larry Porter expressed opposition against renewing the 301(h) modified permit. Mr. Schultz also congratulated Gary Streed, Director of Finance, for the recent award for the budget and asked that the District subsidiag the environmental groups in a like amount given political lobbyists. Randy Fuhrman asked that the directors continue their leadership role on the board to help them come together and more forward regardless of the vote on level of treatment. Joan Irvine Smith asked that staff consider seeking stale moneyfrom Proposition 13 fund and the clean beaches program to assist with the secondary treatment money. Stephanie Barger stated that there is support for increased level of treatment and that residents are wiling to pay for a clean ocean. Minutes of the Steering Committee Page 2 June 26, 2002 (4) RECEIVE. FILE AND APPROVE MINUTES OF PREVIOUS MEETING The minutes of the May 22, 2002 Steering Committee meeting were approved as drafted. (5) REPORT OF THE COMMITTEE CHAIR Committee Chair Eckenrode reported announced the Fall CASA conisrence that will be held August 7-10, 2002 in Monterey, California. He also thanked the members br their support and leadership during the past two years. (6) REPORT OF THE GENERAL MANAGER General Manager Blake Anderson reported on the bllowing items: A. Update on Disinfection Project B. Update on EPA and RWQCB Action to Modify our Permit Items A and B were discussed together. The board has authorized studies and pre- purchase of some equipment and supplies to expedite the disinfection of the effluent. Staff is working with regulators to modify our discharge permit to include a chlorine residual limit, adding new marine species for acute toxicity testing, and changing the recreational standard to include all waters within the 3-mile state territorial limit. This permit modification will be heard by the Regional Board on July 19. It is believed that disinfection is the only way to address the issue of pathogen reduction quickly and effectively. Full secondary is not an alternative to disinfection and it will take 11 years to complete. Staff estimates that disinfection could be on line in mid-August. Opposition by some members of the environmental community is expected. C. Update on Biosolids Management Program Mike Moore reported on the activities at Fort Mojave on the Colorado River. Open air Windrow composting is underway. Several of our old oomposters from the old Bee Canyon land fill site are being used and a leasing agreement is being considered br the longer term. Blake Anderson reported that an idea has been proposed to the City of Irvine on building a green waste and biosolids composting facility on the El Toro site, assuming the citylakes possession of that area. There are many advantages, including a revenue stream for the city. Director Pat McGuigan reported that the IWMD has formed a new biosolids committee and this would be an ideal issue for it to consider. The District would be willing to invest$30-40 million. NIMBY is the biggest concern. A meeting with Irvine is contemplated in August. D. Report of Director of Finance re Insurance Rates There are two items on the Board's agenda regarding insurance purchases. Gary Streed reported that because of the adverse market conditions for earthquake and liability insurance, he is recommending that earthquake insurance not be purchased for the next year and that liability insurance be purchased for an additional month while staff and consultants continue to negotiate better rates. Director Sila expressed concern about not have adequate coverage. The members of the Committee agreed that Director Bradywould present the Committee's recommendations to the Board, which is to follow Mr. Streed's recommendations.. Minutes of the Steering Committee Page 3 June 26, 2002 E. Award of UV Supply Contract for GWRS to Trojan Technologies The award of the UV supply contract to Trojan is on tonight's Board agenda. This item was previously reviewed by the Steering Committee and referred back to the GWRS JCC for discussion. This did not happen. Directors Anderson and Patterson were provided additional materials supporting the staffs decision to recommend awarding the contract. It appears the issue is buy American.' The general manager recommended that the award of the contract to Trojan move forward. After discussion, it was decided to pull the item from the agenda and refer it to the July 10, 2002 FAHR Committee for review with a recommendation to the Board at its July17, 2002 meeting. Director Anderson presented an opinion letter tom an attorney on behalf of Calgon Carbon for receiving and filing. It will be given to the FAHR Committee members at the July 10 meeting as well as the JCC members. F. Update on Maddox Bill Blake Anderson reported that the bill has passed through out ofthe Senate Environmental Quality Committee and is now with the Appropriations Committee. Because there are no state funds involved, it is anticipated to pass on to the foor of the Senate. However, it was learned late this afternoon that Maddox has included an amendment that adds a deadline of2008 for implementation of secondary treatment. Because of the mandatory fine law, the Regional Board must fine us between $3000 and $10,000 per day for every day of noncompliance, which would total between $5.5 and 18.2 million dollars if compliance didn't happen until 2013,which is the date our engineers advise is achievable. Mr. Anderson stated that we could not comply by 2008. It is preferable that the District be able to negotiate a reasonable compliance schedule with EPA and the Regional Board rather than hating to comply with a state mandate with an unachievable schedule. (7) REPORT OF GENERAL COUNSEL General Counsel Tom Woodruff did not make a report. (8) DISCUSSION ITEMS (Items A-D) A. Consider placing the question of level of treatment as a Ballot Measure At the request of Director Anderson, General Counsel researched the issue and reported that this District has no legal authorityby itself and cannot put anything on the ballot. However, it is possible to frame a question and present it to the Board of Supervisors asking that it be put on the ballot. But the timing in the case ofthe level of treatment is too late as the statutorydeadline for the November ballot is August 8. The Steering Committee decided not to pursue the matter firther. B. Provide advice and direction to staff on the format and conduct of the July 17 Board Meeting re Level of Treatment Decision Mr. Anderson outlined the tentative plans for the meeting, including a 6 p.m. start time; limiting the total time for public comments to 45 minutes and at the beginning ofthe meeting. The Board Room will be set up to facilitate discussion by the directors. C. Review Agenda Items scheduled to be presented to Committees in July These were not reviewed. Minutes of the Steering Committee Page 4 June 26, 2002 D. Review and consideration of Agenda Items for Board of Directors Meeting of June 26, 2002 Mr. Anderson described the logistics for tonight's board meeting. The meeting will begin with a one-hour closed session. At 7:30 the public will be allowed into the Board room and the meeting will continue. The directors will determine how long each speaker may address the Board or the total time allowed for public comments. (9) OTHER BUSINESS, COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY There was no other business discussed. (10) MATTERS WHICH A DIRECTOR WOULD LIKE STAFF TO REPORT ON AT A SUBSEQUENT MEETING There were none. (11) MATTERS WHICH A DIRECTOR MAY WISH TO PLACE ON A FUTURE AGENDA FOR ACTION AND/OR STAFF REPORT There were none. (12) CONSIDERATION OF UPCOMING MEETINGS The next Steering Committee meeting is scheduled for Wednesday, July 17, 2002 at 5 p.m. The next Board Meeting is scheduled for Wednesday, July 17, 2002 at 6 p.m. (13) CLOSED SESSION There was no closed session. (14) ADJOURNMENT The Chair declared the meeting adjourned at 6:25 p.m. S mitted by:,,. J Tappan S ring Committee Secretary G'I,p.W IoperCe l5pemq LamMlw'ONw'GS(�SL Mmules.Ox STATE OF CALIFORNIA ) ) SS. COUNTY OF ORANGE ) Pursuant to California Government Code Section 54954.2, I hereby certify that the Notice and the Agenda for the Steering Committee meeting held on Wednesday, June 26, 2002, was duly posted for public inspection in the main lobby of the District's offices on Thursday,June 20,2002. IN WITNESS WHEREOF, I have hereunto set my hand this 26th day of June, 2002. �1 Penny Kyle, Sekretary of t�q Board of Directors of Orange County Sanitation'District Posted. 2002, 3 , . p.m. By. Signature xydmcgml tr{Omm\yosliNq I - ORANGE COUNTY kSANITATION DlsrRlcr aurae: BOARD SECRETARY (2) (774)962-2411 ee (Jtal%2�356 aawaaW,oe,n PQ enNea S.812 8127 `" S2M °'7 NOTICE OF MEETING zrm.ely OF THE t09a6ere STEERING COMMITTEE Fw veu ,m M7) 701e ORANGE COUNTY SANITATION DISTRICT m npa..art • WEDNESDAY, JUNE 26, 2002 - 5 P.M. Clwa nnarram DISTRICT'S ADMINISTRATIVE OFFICE 9r a Pork gpBaa 10844 ELLIS AVENUE aafam FOUNTAIN VALLEY, CALIFORNIA 92708 sheen Dore Mntipve,sears Mmme a pm. a m� A regular meeting of the Steering Committee of the Board of Directors of °WI= Orange County Sanitation District will be held at the above location, date and ?e ge time. saw a1� seal e Sin own vma pan rotes u,aa .�.p a[ ur�eo• LYsara pos[iau Cos[e Mesa 1A wcr Mrtar grtrtcta Imne pencn To manain wondcleaa leaaerahip in wea[awe[er end wear resource menagemen[. STEERING COMMITTEE AND BOARD MEETING DATES FOR THE NEXT TWELVE MONTHS Wednesday, July 17, 2002' Wednesday, August 28, 2002 Wednesday, September 25, 2002 Wednesday, October 23, 2002 Wednesday, November 20, 2002' Wednesday, December 18, 2002' Wednesday, January 22, 2003 Wednesday, February 26, 2003 Wednesday, March 26, 2003 Wednesday, April 23, 2003 Wednesday, May 28, 2003 Wednesday, June 25, 2003 Wednesday, July 16, 2003' Wednesday, August 27, 2003 Wednesday, September 24, 2003 Wednesday, October 22, 2003 Wednesday, November 19, 2003' Wednesday, December 17,2003' 'Tentatively rescheduled from regular fourth Wednesday. STEERING COMMITTEE (1) - Roll Call: Meeting Date: June 26, 2002 Meeting Time: 5 o.m. Meeting Adjourned: Committee Members Norm Eckenrode, Board Chair Shirley McCracken, Board Vice Chair Steve Anderson, Chair, PDC Committee Pat McGuigan, Chair, OMTS Committee Brian Brady, Chair, FAHR Committee Jim Silva, Supervisor Others Thomas L.Woodruff, General Counsel Don Hughes Staff Present Blake P. Anderson, General Manager............................... Bob Ghireili, Director of Technical Services....................... David Ludwin, Director of Engineering.............................. Patrick Miles, Director of Information Technology.............. Robert Ooten, Director of Operations & Maintenance....... Gary Streed, Director of Finance......................................._ Lisa Tomko, Director of Human Resources....................... Greg Mathews, Assistant to the General Manager............ Lisa Murphy, Communications Manager........................... Jean Tappan, Secretary.................................................... c: Lenora Crane AGENDA REGULAR MEETING OF THE STEERING COMMITTEE ORANGE COUNTY SANITATION DISTRICT WEDNESDAY, JUNE 26, 2002 AT 5 P.M. ADMINISTRATIVE OFFICE 10844 Ellis Avenue Fountain Valley, California In accordance with the requirements of California Government Code Section 54954.2, this agenda has been posted in the main lobby of the District's Administrative Office not less than 72 hours pnor to the meeting date and time above. All written materials relating to each agenda item are available for public inspection in the office of the Board Secretary. In the event any matter not listed on this agenda is proposed to be submitted to the Steering Committee for discussion and/or action, it will be done in compliance with Section 54954.2(b) as an emergency item or that there is a need to take immediate action which need came to the attention of the District subsequent to the posting of the agenda, or as set forth on a supplemental agenda posted not less than 72 hours prior to the meeting date. All current agendas and meeting minutes are also available via OCSD's Internet site located at www.ocsd.com. Upon entering OCSD's web site, please navigate to the Board of Directors section. (1) ROLL CALL (2) APPOINTMENT OF CHAIR PRO TEM, IF NECESSARY (3) PUBLIC COMMENTS All persons wishing to address the Steering Committee on specific agenda items or matters of general interest should do so at this time. As determined by the Chairman, speakers may be deferred until the specific item is taken for discussion and remarks may be limited to three minutes. Matters of interest addressed by a member of the public and not listed on this agenda cannot action taken by the Committee except as authorized by Section 54954.2(b). Book Page I -2- June 26, 2002 Agenda (4) APPROVE MINUTES OF PREVIOUS MEETING Approve draft minutes of the May 22, 2002 Steering Committee meeting. (5) REPORT OF COMMITTEE CHAIR (6) REPORT OF GENERAL MANAGER A. Update on Disinfection Project B. Update on EPA and RWOCB Action to Modify our Permit C. Update on Biosolids Management Program (7) REPORT OF GENERAL COUNSEL (8) DISCUSSION ITEMS (Items A--D) A. Consider placing the question of Level of Treatment as a Ballot Measure B. Provide advice and direction to staff on the format and conduct of the July 17 Board Meeting re Level of Treatment Decision C. Review Agenda Items scheduled to be presented to Committees in July (Information item only) D. Review and consideration of Agenda Items for Board of Directors Meeting of June 26, 2002 (9) OTHER BUSINESS, COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY (10) MATTERS WHICH A DIRECTOR WOULD LIKE STAFF TO REPORT ON AT A SUBSEQUENT MEETING (11) MATTERS WHICH A DIRECTOR MAY WISH TO PLACE ON A FUTURE AGENDA FOR ACTION AND STAFF REPORT (12) FUTURE MEETING DATES The next Steering Committee Meeting is scheduled for 5 p.m., Wednesday, July 17, 2002. The next Board Meeting is scheduled for 7 p.m., Wednesday, July 17, 2002. Book Page 2 .3- June 26, 2002 Agenda (13) CLOSED SESSION During the course of conducting the business set forth on this agenda as a regular meeting of the Steering Committee, the Chair may convene the Committee in closed session to consider matters of pending real estate negotiations, pending or potential litigation, or personnel matters, pursuant to Government Code Sections 54956.8, 54956.9, 54957 or 54957.6, as noted. Reports relating to (a) purchase and sale of real property; (b) matters of pending or potential litigation; (c) employment actions or negotiations with employee representatives; or which are exempt from public disclosure under the California Public Records Act, may be reviewed by the Directors during a permitted closed session and are not available for public inspection. At such time as final actions are taken by the Board on any of these subjects, the minutes will reflect all required disclosures of information. A. Convene in closed session, if necessary . B. Reconvene in regular session C. Consideration of action, if any, on matters considered in closed session. (14) ADJOURNMENT It G\WP.OTAV ENDAePEENING WMMITrggO UN WAGENUIDOL Notice to Committee Members: For any questions on the agenda or to place items on the agenda,Committee members should contact the Committee Chair or the Secretary ten days in advance of the Committee meeting. Committee Chair: Norm Eckenrode (714)993-8261 (Placentia City Hall) Committee Staff Contact: Blake Anderson (714)593.7110 Secretary: Jean Tappan (774)962-0356(Fax) E-mall: ItaPPan @ OCSd.COm Rnnk Page 3 DRAFT MINUTES OF STEERING COMMITTEE MEETING Wednesday, May 22, 2002 A meeting of the Steering Committee of the Orange County Sanitation District was held on Wednesday, May 22, 2002 at 5 p.m., in the District's Administrative Office. (1) The roll was called and a quorum declared present, as follows: STEERING COMMITTEE MEMBERS: OTHERS PRESENT: Directors Present: Thomas L.Woodruff, General Counsel Norm Eckenrode, Chair Joey Racano Shirley McCracken, Vice Chair Randy Fuhrman Pat McGuigan, Chairman, OMITS Committee Doug Korthof Steve Anderson, PDC Committee Jan Vandersloot Brian Brady, Chairman, FAHR Committee STAFF PRESENT: Blake Anderson, General Manager Directors Absent: Bob Ghirelli, Director of Technical Services Jim Silva, County Supervisor David Ludwin, Director of Engineering Greg Mathews, Assistant to the General Manager Lisa Murphy, Communications Manager Ryal Wheeler, Maintenance Supervisor Lynn Jensen, Administrative Assistant (2) APPOINTMENT OF CHAIR PRO TEM No appointment was necessary. (3) PUBLIC COMMENTS Mr. Doug Korthof suggested that the chair express an official position on the waiver. Mr. Jan Vandersloot requested that an explanation be given regarding the scientists'position on bacteria levels on the beach. Mr. Joey Racano gave an apology to Director Steve Anderson regarding his vote on the renewal of the waiver. Mr. Randy Fuhrman suggested that in the event the effluent plume reaches shore,the projected long-term effects should be made public. (4) RECEIVE. FILE AND APPROVE MINUTES OF PREVIOUS MEETING The minutes of the April 24, 2002 Steering Committee meeting were approved as drafted. (5) REPORT OF THE COMMITTEE CHAIR Committee Chair Eckenrode reported on the spring CASA conference where the following items were covered: Changes in environmental laws; changes in employment laws; and pending legislation. Book Page 5 Minutes of the Steering Committee Page 2 May 22, 2002 Chair Eckenrode indicated he is very interested in microfiltration, and thinks it will be well-received as further studies are completed. (6) REPORT OF THE GENERAL MANAGER General Manager Blake Anderson and staff reported on several issues, as follows. A. Maddox Bill (AB1969) Mr. Anderson reported on the current status of the Maddox bill. The Assembly Appropriations Committee approved the bill today and referred it to the full Assembly for consideration. Lisa Murphy indicated the full local disclosure language has been added to the bill, which passed with one no vote. B. Harman Bill (AS 1892) Mr.Anderson provided a progress report on the Harman Bill, which has moved successfully through the assembly and has been referred to the Senate. He explained that the state is not required to pay for the directives of the bill, (concerning dry weather runoff)which has little opposition at this time. C. GWRS Progress Report Blake Anderson reported on the status of the GWRS Project which has received$30 million from the state for the project. The project is to include areas up to the Anaheim Forebay,which might be too broad a scope for the project. He announced the retirement of Tom Dawes, project manager, whose temporary replacement has been announced as Bill Everest. Mr. Anderson noted OCSD would like to participate in the selection of a new project manager. D. Disinfection Project Mr. Anderson reported on the progress of getting the disinfection project moving forward, with the hope that we will be able to disinfect during at least part of the summer with help from the Regional Water Quality Control Board. A motion was made, seconded, and unanimously carried to recommend moving forward with this project. E. SARI Relocation Project Blake Anderson asked for direction from the Steering Committee regarding his proposed letter to SAW PA requiring early resolution of the$3 million that SAW PA owes us for work on the SARI Line relocation project. Mr.Woodruff spoke regarding the new attorney review of the agreement, which will likely now go through further extensive reviews, even though it has been through over 30 drafts to date. The Steering Committee directed him to send the"get tough" letter to SAW PA. Mr.Anderson reported that CalTrans will be pumping out the hot storm drain in Newport Beach. (7) REPORT OF GENERAL COUNSEL General Counsel Tom Woodruff provided an update on two matters of litigation. Mr.Woodruff reported the Tran lawsuit was settled for far less than the requested amount, as was the Newport Beach contractor lawsuit. (8) DISCUSSION ITEMS (Items A-H) A. County of Orange request to waive Connection fees for Select Properties in Unincorporated area of Santa Ana. Book Page 6 Minutes of the Steering Committee Page 3 May 22, 2002 After discussion, the Steering Committee directed staff to continue to charge new connections consistent with adopted fee schedules, but to allow time payments for large sums due. B. Consider Ballot Initiative for 301(h)Waiver Director Steve Anderson asked that the Steering Committee consider the idea of placing a ballot measure regarding the ocean discharge question on the November ballot. After discussion, the Steering Committee directed staff to put a brief paper together discussing the pros and cons and summary of the logistics of putting such a measure on the ballot. C. Buy American Policy The Steering Committee discussed the question of a buy American policy related to the purchase of equipment for the Groundwater Replenishment System. The Steering Committee decided to recommend to the Board that Item 6-C be referred back to the GW RS JCC. D. Preparation for June 26 Board Meeting The Steering Committee discussed preparations for the upcoming June 26 Board meeting, presently scheduled as the night the Board decides on level of treatment. After discussion, the Steering Committee directed staff to continue to assume a decision on June 26 and for staff to outline the alternatives without a recommendation. E. Consider changing Board meeting start time and agenda order for June 26, 2002 Board meeting; i.e. Steering Committee at 5 p.m., Board Meeting Closed Session at 6:30 p.m. and consideration of regular agenda at 7 p.m. The Committee decided to change the start of the June 26 Board meeting to 6:30 p.m. and will begin the meeting in closed session.The Board will reconvene in open session at 7:p.m. F. Review and consideration of Agenda Items for the operating committee meetings in June. The agenda items scheduled to be presented to the operating committees in June were reviewed. G. Review and consideration of Agenda Items for Board of Directors Meeting of May 22, 2002. The agenda items for tonight's Board meeting were reviewed to answer questions or get clarification. (9) OTHER BUSINESS,COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY There were none. (10) MATTERS WHICH A DIRECTOR WOULD LIKE STAFF TO REPORT ON AT A SUBSEQUENT MEETING There were none. Book Nee 7 Minutes of the Steering Committee Page 4 May 22, 2002 (11) MATTERS WHICH A DIRECTOR MAY WISH TO PLACE ON A FUTURE AGENDA FOR ACTION AND/OR STAFF REPORT There were none. (12) CONSIDERATION OF UPCOMING MEETINGS The next Steering Committee meeting is scheduled for Wednesday, June 26, 2002 at 5 p.m. There will be a Special Board Meeting on Wednesday, June 19, beginning at 6 p.m. The next Regular Board Meeting is scheduled for Wednesday,June 26,2002 at 6:30 p.m. (13) CLOSED SESSION The Committee convened at 6:35 p.m. in Closed Session, pursuant to Section 54956.9, to discuss two potential cases of litigation. Minutes of the Closed Session are on file with the Board Secretary. Confidential Minutes of the Closed Session held by the Steering Committee have been prepared In accordance with 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. A report of the recommended actions will be publicly reported at the time the approved actions become final. At 6:50 p.m., the Committee reconvened in regular session. (14) ADJOURNMENT The Chair declared the meeting adjourned at 6:50 p.m. Submitted by: yLyWnJens Administrative Assistant G:Iwp.tlfelegendalSleering CommitteeWlMayW52202 SC Minutosdoc Book Page 8 STEERING COMMITTEE maetlg oae 7o BC.off e6/26/@ AGENDA REPORT rteteNM r Item Number Orange County Sanitation DisMtt d FROM: Blake P. Anderson, General Manager Originator: Jean Tappan, Committee Secretary SUBJECT: July Agenda Items for Consideration by Working Committees GENERAL MANAGER'S RECOMMENDATION Review with staff the agenda items tentatively scheduled for review by the Working Committees in July. Only the FAHR Committee is meeting in July. SUMMARY Staff routinely prepares for the Steering Committee a list of items scheduled for presentation to the Working Committees and the Board at their next monthly meetings. This allows the Steering Committee the opportunity to review these items early enough to make reassignments in the review or approval process. The following items are scheduled to be considered by the FAHR Committee in July: FAHR Committee: 1. Approve Investment Policy PROJECT/CONTRACT COST SUMMARY N/A BUDGETIMPACT ❑ This item has been budgeted. (Line item: ) ❑ This item has been budgeted, but there are insufficient funds. ❑ This item has not been budgeted. ® Not applicable (information item) ADDITIONAL INFORMATION NA ALTERNATIVES NA Book Page 9 CEGA FINDINGS Not a project. ATTACHMENTS NA jt G1rq.da�pdgcl$Ieenrp Gdm�nnb2VunE03 Lc d AW w JYy-arpx Page 2 Book Page 10 STEERING COMMITTEE MeeOng Date To Bd.or Da. 6/26/02 AGENDA REPORT re Number Item Number Orange County Sanitation District FROM: Blake P. Anderson, General Manager Originator: Jean Tappan, Committee Secretary SUBJECT: June Agenda Items for Consideration by the Board GENERAL MANAGER'S RECOMMENDATION Review with staff the agenda items tentatively scheduled for consideration by the Board at its June 26, 2002 meeting. SUMMARY Staff routinely prepares for the Steering Committee a list of items scheduled for presentation to the Working Committees and the Board at their next monthly meetings. This allows the Steering Committee the opportunity to review these items early enough to make reassignments in the review or approval process. The following items are scheduled to be considered by the Board in June: 5. Closed Session: Classification and Compensation Study Results 6. Nomination and election of Chair 7. Nomination and election of Vice Chair 11. Consent Calendar: a. Adopt Res. No. OCSD 02-11, Establishing the Annual Appropriations Limit for FY 2002-03 b. Approve Assignment of Contract of PSA from m2T Technologies for Plant No. 2 Oxygen Plant Replacement/Rehabilitation Assessment to DWG Associates 14. OMTS Committee Actions c. Contract for JDEdwards OneWorld Implementation d. Sale Source PSA for services re Waste Discharge Requirements e. Actions re purchase of chemicals I. Sale Source contract for one-year demonstration project for odor and corrosion control in trunk sewers 15. PDC Committee Actions c. Addendum re materials testing, inspection and geotechnical engineering services d. PSA for Materials testing and geotechnical engineering services e. Addendum resurveying services I. Addendum re electrical acceptance testing services g. Change Order to Replacement of Back Bay Trunk Sewer h. Change Order to Rehabilitation of Digesters I, J, K, L, M, N and O at Plant 2 i. Actions re Ocean Outfall Flowmeter Replacement at Plant 2 j. Actions re Junction Structure Upgrade k. Actions re Engineering Trailer Complex at Plant 1 Book Page 1 I I. Addendum to PSA re Space Allocation and Interior Renovation (of Administration Building) m. Addendum to PSA re Area Classification Study Implementation Plan n. Addendum to PSA re Santa Ana River Interceptor Relocation and Protection o. Actions re Bushard Trunk Sewer Rehabilitation 16. FAHR Committee Actions c. Receive and file Treasurer's Report for May 2002 d. Authorize increase to Temporary Employment Services authorization for the remainder of FY 2001-02 e. Approve proposed Operating, Capital, Debt/COP Service and Self- Insurance Budgets for2002-03 f. Renew All-Risk Property and Earthquake Insurance Program g. Renew Excess General Liability Insurance Program 17. Joint GW RS Cooperative Committee Actions c. Actions re UV Equipment purchase d. Addendum to PSA for cost of living increase of 2.7% 18. Actions re purchase of chemicals re Ocean Ouffall Bacterial Reduction Program 19. Actions repurchase of natural gas 20. Actions re construction contract for Area Classification Study Implementation Plan 21. Actions re Abandonment of Airbase Trunk Sewer-Arlington 22. Addendum to 1999 Strategic Plant Program Environmental Impact Report to include Engineering Trailer Complex 24. Meeting of Board of Directors, Orange County Sanitation District Financing Corporation PROJECT/CONTRACT COST SUMMARY N/A BUDGET IMPACT ❑ This item has been budgeted. (Line item: ) ❑ This item has been budgeted, but there are insufficient funds. ❑ This item has not been budgeted. ® Not applicable (information item) ADDITIONAL INFORMATION NA ALTERNATIVES NA G:WN.Wi gandal laenng WmMnee,OYJunW2602 Lun a Mslw Jun MaN w,. a...ue. arza.ea Page 2 Book Page 12 CEQA FINDINGS Not a project. ATTACHMENTS NA jt c+»v.m.roam.�reen�o cw�+no. aMoram u.�a nn.io,.m�ewnv.am Page 3 RW.M &MO Book Page 13 Orange County Sanitation District (714) 962-2411 www.ocsd.com mailing address: P.O. Box 8127 Fountain Valley, California 92728-8127 street address: 10844 Ellis Avenue Fountain Valley, California 92708-7018 published on recycled paper p Lwrcr PAGE 02 �,4rhe C'�r SENT I Y FACSEWLE(412-7974511)AND U.S.MAIL Calgon anon Anemic : Mr. Robert O'Brien PO Re 717 Pittsbur h,Pennsylvania 15230-0771 ! Re: Legal ability of Orange County Water District and Orange County Sanitation Districts to award a contract for the design and f ttrtishing of Ultraviolet Disinfection and Oxidation Equipment to Calgon Cation pear . O'Brien: i Last week,Calgon Carbon en�aged this fine to provide to you our opinion on the above-referenced topic. In preparing this opinion,we reviewed the specific tons for the subject project,conferred with counsel to the Orange County kinitation Districts and conducted relevant legal research. Our opinion statedil this letter is based upon the following circumstances which we learned from ml dng to yew representatives,speaking with counsel to the Orange County Sanitati in Districts and reviewing the written materials mentioned above: Daring January of this year,the Orange County Water District C'Watei District"sometimes hereinafter)and Orange County Sanitation Districts ("Sanite iiiin Districts"sometimes heminallei),through their engineers,Camp Dresser McKee,published Proposal Specifications("the Specifications" herearal let)for"...designing and furnishing ultraviolet disinfection and oxidation equipm of and appurtenances required for the Groundwater Replenishment (GWR) 3ystem Permanent UV Disinfection and Oxidation System"for the above-rilerenced Districts'joint project. (See Specifications, Section 01010, 1.01 B 1 )and"...designing and furnishing ultraviolet disinfection and oxidation equipm and appurtenances required for the groundwater replenishment(GWR) system emonstration UV systems.' (Specifications,Section 01011, 1.01131a). Section 2.01 of the Pre-Selection Agreement contained in the Specific lions describes the project to be bids,upon as follows: ..w poi ron[ 08:55 5202299042 DREWRY PAGE 03 Calgon "bon Attentio : Mr. Robert O'Brien June 25,2002 Page 2 'The project for which the bids and support services are to be rovided under the comma document is generally described as follows: esign,fabrication and delivery of demonstration and Permanent haviolet Disinfection and Oxidation System and ancillary components, istance during installation of the goods,commissioning of the onslretion Ultraviolet Disinfection and Oxidation System and ommissioning of the Permanent Ultraviolet Disinfection and Oxidation ystem,delivery of operation and ram mums me manuals,one year of pemtions assistance and warranty of the ultraviolet Lamps and ystem...." Sections 2.04 and 2.05 of the Pre-Selection Agreement make it clear thi t the project to be bid upon does notlinelude installation of the designed and fabi sated equipment in the structure in which it is to be housed The Specific lions utilize terminology and concepts such as delivery of goods (Specifi ations,Pre-Selection Agreement,Section 4.01)and assignment of risk of loss doing transport(Specifications,Pre-Selection Agreement,Section 6.03) which c mmmdy am utilized in agmements for the purchase of goods rather than the con ction of structures and buildings. i Further,the proposal form contained in the Specifications(Page 00400-1 recognizes that different bidders will be offering the use of different propriet try design features. 'Thus,the pro' includes the designing of equipment to meet a needs of the Districts as distingWitted from bidding to supply fungible labor an J materials in accordance with specifications already prescribing all design t Iments. Finally,the Specifications do not provide for a calculation of the low bid y computing unit prices for items incorporated in the project or by lump sum,all finally determinable upon opening of bids. Rather, the proposals are evalum on a"life cycle cost basis"provided for in Section 00310 of the Specific ons. In other words,the low bidder is in part identified by the prujecti n of expected operational costs of the equipment as well as the bid price for desij n and fabrication. You have informed us that two companies responded to the Spccifi ions and that Calgon Carbon was not determined to be the lowest cost propose . The narrow question presented is whether the Districts nevertheless may aw ird a contract for the Project described in the Specifications to Calgon Carbon. no11E/[a02 08:55 5202299042 DREWRY PAGE 04 Calgon o Attemio : Mr. Robert O'Brien June 25, 002 Page 3 The major concern at issue is whether state law requirements that certain i ork must be awarded only to a low bidder preclude the Districts from making he subject award to your company. If such laws apply,the Districts could ru L make an award to Calgon Carbon unless Calgon Carbon was determij ed to be the lowest responsible bidder following the present or subsequ nt sealed bid process. The California Public Contracts Code contains such res rictive provisions and includes restraints applicable to the Water District and the atertion Districts. Public Contracts Code Section 21042 provides that the Orange County Water District must Man= for construction of works and structures with the low and best bidder after publication of a bid notice when the work involm is not to be done by the District itself by force account and the amount involvei is S40,000 or more. Similarly,Public Contracts Code Section 20783 restricts the Sanitation Districts to contracting with the lowest responsible bidder to perfb in work exceeding$35,000 in valuer Public Contracts Code Section 20794 a alres it clear that the work referred to which must be let to the lowest bidder' construction work as to which a bid bond must be famished This is in accordth Section 1101 of the Public Conducts Code which generally describes the cont acts which it governs as follows: "'Public Works Contract,' as iced in this part,means an agreement r the erection,construction,alteration,repair,or improvement of any ublio structure,building,road, or otter public improvement of any kind." It is important to reroga W th$t competitive bidding is only requi when specifically mandated by statute. For example,in Sorr Diego Service urhorlfyjor Freeway F,mergeacies pp Superior Cowl(1988) 198 Cal. App. 3d 1466,the court held that a freeway 'urvice authority was not required to engage n competitive bidding for the installation of an emergency call box system, given that there was no statutory mandate requiring bidding In that case, the com t made the following pertinent statement at page 1469: "Absent a statutory requirement,a public entity is not bound to gage in competitive bidding. Thud to prevail Cubic must establish a -slative restraint on San Diego SAFE'S ability to contract The tannery scheme providing for the establishment of service utharibes.-does not contain a specific statutory requirement that service uthorities engage in competitive bidding in awarding contracts.... i I 96/26/2002 00:55 5202299042 I VMWRY PAN B5 Calgon 4 arbim Atlemm : Mr. Robert O'Brien June 25, 002 Page 4 i "Notwithstanding the powerful purposes served by competitive 'dding,there is no all pervasive public policy that requires all public rues to engage in that practice. Rather,the legislature imposes mpetitive bidding requirements;',,,her entities within its purview when the legislature determines it isin the public interest to do so." i Similarly,in Construction Industry Force Account Council v. Delta W Hands(1992)2 Cal. App. 4's 1489�the court considered whether ve competi " bidding was required for the co tracts of reclamation districts. The subject 4 istrict wanted to use its own employees rather than solicit bids. Because the sta ory language clearly exempted woik performed by the district's own workers the court concluded that competitive bidding was not required. More recently,the court reached the same conclusion and articulai A the above-quoted language from San Diego Se"wirAurhority far Freew Emergencies in Construcion In try Force Account Colored v.Amadar Water eney(1999)71 Cal-App.4i6 810. Based upon the above-cited authorities,it is our opinion that Public Contras s Code provisions do not require the project described in the Sped& ions to be awarded to a low bidder because the project does not include constri lion of all or part ofa facility,works or a structure. in addition,the Specifi ions do notcordemplate competitiive bidding on a given design wherein the low 3iddff may be determined upon opening of bids. Rather,the Specific tions contemplate and provide for,the following. a. The generation of difcrent designs for equipment to be achieve I utilizing different proprietary design features by different bidders; b. The identification orJthe low bidder by projecting the minter mice costs of the proposed equipme' t over time as well as the quoted price fo designing, fabricating and delivering the equipment;and C. The actual construction work associated with installing the equipm or at the treatment plant to be perforrtred under separate contract. In summary,the Specifications are in the nature ofa procurement agrexiiii in consented with choosing a company to design,fabricate and deliver i 06/26/2082 08:55 5202299042 DREWRY PAGE 06 Calgon when Attentio ' Mr. Robert O'Brien June 25, 002 Page 5 equipm to provide the water treatment sotight rather than being a type of public works c tract which is restricted by Public Contracts Code bid requirements. Accordi ly,state law does not prohibit the Districts from purchasing its treatm equipment from Calgon Carbon. The Specifications allow for either the award of the contract to the low bid r,rejection of all bids or rejection of any particular proposal if"...it would n t be in the best interests of the Dist ict(the Water District)to make an award t the Proposer." (Specifications,Instntctions to Proposers,Section 18.01A. In Section 18.02 of the Instructions to Proposers,reasons for disquat ying an apparent low bidder are stated to include conduct and perform trim under other contracts,the Proposes's financial condition,claims or lawsuit against it and"other factors." In Section 18.02C,the District"...reserves the righ to reject the proposal of any Proposer who does not pass such evaluation to the a satisfaction of the District^ N oin view,while that language would appear: provide broad discretion to the Water District to reject a bid,it also azguabl establishes the need to provide son�e criterion for rejecting the low bidder i the bid is awarded to Calgon Carbon in the context of this bid procedure. We hav no information upon which to base an opinion as to whether the low bidder i tay,be rejected on the basis of Section 18.02 of the Instructions to Propm rs. However,the Specifications clearly provide that the Water District may rej cit all bids. We are not aware of any legal constraints precluding the Waw-I istrict-and Sanitation-Districts-frominegotiatmg a procurement egnt_r_ita with C Son Carbon following a termination of the present process with a rejectio of all bids.' In summary,we hold the following opinions- 1. No provision of statellaw applicable to the Water District or % the San ration Districts requires a contract for the design,fabrication and delivery V of the s xbJect equipment to be awarded to allow bidder, 2. The specifications provide broad authority to the Water I / District to reject any particular bid,although the low bidder may successfully y assert t no stated disqualifying criterion applies to it;and u We he not had the oppotamity to review my put chasing ordinancewtucb may have been ensmed y the water District or Sanitation Minim At your dueaion,we could do so in order to rule out onaraints.Whco.ldbeconiaiDedther6m we do feel that it is doubtful that a canal would be found since my procinemem oft cffi t equipment will include"role source" ,including cresting a specific design which utilises proprietary features, 06/26/2002 00:55 5202299042 I now 1 PAW 97 I Calgon bon I Attemio Mr.Robert O'Brien June 25, 002 Page 6 3. The Districts may in any event terminate the present process y rejecting all bids and then ncgohate with Calgon Carbon and contract for Caig n Carbon's design,fabrication andldelivery,of the equipment. please advise if further information on this subject matter would be useful t you. very truly yours, RJCHA S, WATSON&GERSHON I Jame L.Markman JLM:sj cc: Charles Drewry(facsimile—520-229-9042) B-mail copies to- n n con 'salt' cal o carbocc cal oncartroa 6"3 I (f� I I O �n Do Us I Ylyff GOB Ed of 1141im MC3 Goals of Ocean Outfall Group •End the Waiver -Full secondary treatment -ultraviolet light disinfection (no bleach or chlorine) -Healthy Citizenry, Healthy Ocean •Safe Ocean Environment -safe swimming -safe surfing -safe scuba diving -safe fishing -Attractive for business .Vibrant tourist economy -good community reputation Ma�, 9 Zao2, WEATHER ` fp'� lcgb`lursau� a't¢pmoat See fags wi k SERVMG 711E NEWPORT-MESA COWAUNI1ES SINCE 1907 ON THE WM W W W.DAID'PILOT.COM THUMAY,M,1Y 9,2002 a BOLTON 1 e OUSFAo- Q�PE ,yl pGpUHN Y SAHISP'f�H D15IRit1.� e The .smoking gun. 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'... :�?`[3•.. .4•jft;... f:%T:',`..'ti°^1�:�:•.r'•'::s..�>.'1i�+�'r'a4�,:�.f°>L..:i':.>'S.,_.. ... . . . .."'F:;'.' ,-r�[�y::\e is�. .:�i'..�:..' • { Fad Sheet-continuation Page 11 of 17 12/18r97DRAFT Order Alo. 98.5.NPDES Permit No. C40110604 County Sanitation Districts of Orange Count' Reclamation Plant No. 1 and Treatment Plant Nc.2 from the diversion of effluent flows to water reclamation, if the discharger can demonstrate that the proposed increases in concentration are consistent with federal 301 (h) decision criteria and other permitting requirements. To facilitate this process, the EPA and the Regional Board will work with the discharger to assess the effects of the discharge on the marine environment at actual mass emission rates and concentrations observed during the permit term. The draft permit contains the following effluent limitations for major wastewater constituents and properties, as specified in Table A of the Ocean Plan: M ..0 r�x .a . Y Grease and oil mgll 25 40 75 Ibstday 61,500 98,400 184,000 Suspended Solids rda As 30-day average,75%removal from influent stream or 60 mgA.whichever rate is higher Settleable Solids mil 1.0 1.5 3.0 Turbidity NTU 75 100 225 PH units Within 6.0 to 9.0 at all times We Toxicity TUa 1.5 2.0 2.5 The need for effluent limitations based on water quality objectives in Table B of the Ocean Plan was determined in accordance with 40 CFR 122.44 (d) and EPA guidance for - statistically determining the `reasonable potential" for a discharged pollutant to exceed an objective, as outlined in the revised Technical Support Document for Water Quality-based Toxics Control (TSD; EPA/505/2-90-001, 1991) . This statistical approach combines knowledge of effluent variability (as estimated by a coefficient of variation) with the uncertainty due to a limited number of effluent data to estimate a maximum effluent value at a high level of confidence. This estimated maximum effluent value is calculated as the 99 percent confidence level of the 99th percentile based on a lognormal distribution of daily effluent values. Projected receiving water values, based on the Pe +ma d ^,R �y _ Yy Y }'. { jai{+ •�.�., i'ti.w.. ^^•.. `S'^�'^nix� •`$ na.ii,�Zr.. y, -4•L.w•-..... =.tl,�, Gram g �C� •. . :,.,_ Y LW w r LL- t, < ,.' LY CRpp- „» , �1. "., r 'i� ��g �r {r .. ,� i � � N-6 Z --- =-�yr�`c. r` i ._. __. . 6"-. _ , _ _ _� .�. .i � . _ � , ..; _ _ ,�A FORUM 3-7-uz. BUTON Pit bleaadl of sewage. �i o > Post bieaclling sewage. PACZ -5 05°30'OZ Orange County Sanitation District Interim 3wrteSlc Plan Update 01r•74.02 DRAFT' Altemative Evaluation Table beGW NbmNM TeW o •11mw r • • a• m. YP • Nyn•Ma� vw. w0Y0e' mawN YNn aw uam.Na ver.mu olT..vGmw.dww°in.Mw °aVM"' UMI•' vac Gnaw lra.MrrnM.bvle•w•••) c.Nw camw^aw camp•r.a °emywe 4wY• GMY yl' IM V^ bNIA^ IIWMw'Yar N•' IMa. wMell Y°L• MtllaY canaN btYl eanbY M•alalan wN ml no a•i ) Ow WW Z MmT MmN• 14MIbn1 M"\ a W. Blb\tlau abY.Y41 4N iMYM ImMw am°IaMa aTseW. el'aCn1Yr cmN vl' WN T'a•4MY )'MWNY n., 91W .I.IM Y V. Y 61 9 I.W ]O,GW Y la Of f• 60 4 \II1M 410 N W] IIM 41 W N .1.00 Is Y. N Y Y ma) M. N K 03 ] am N II.M 4110 NI w,) NN Y Ile .tQe' > M M Y YeY He e0.1,000 a We a s tt EOM a,eas Y Y oa \ om Y alu INe Mso IIM pe w N•vpMli eN•MWMwnpW WIAY•YYaM\bYbb MNYbC NMbIW Nn WgmpeMMY•a MAMri'Y1N N YYMMI aOMpNbn MYOM N011L 'IaY W'mn WNauMTMYNYYbCIb11I•(pbYM✓/iNl. ' 'NmWtlaMM ImeaaMeMwNM•aMNMNt 4a1•NgngMp mCMw iMYN b•GYYf bYMpM WTv\aaC••O...bb•N9M.), W W N m•nN IO4r•'.�V•YbIV b OYNI'M1Ce twee•iNM•1nrNbaaWObmW. twe tl tl•I..a e W w•w mun.a•Wm mvaNle,.a Y aYa IM MYMNN YM•IalaMbtlpMCM4MYWtlNMa•WaL¢M^.�W0.Y NNWI.IWa•YIO.Iab1YMVW bLM•p1:Yl•VYIn(W lrptwwil ptpaaM bYMYwbm••,MWI•WnM1par.�ia.t ey btliN.a4 'MNb�eYM•WwT WYw•mYeMH11MbMOb MNC W mabBMbl•v NA.OW WYbM•mNFYY.•NYM NmtlY�u NNw w•MMIMia•V WIN NwbIM tiWaaY1MMMINNm Mm1�M;\M1MM�mea�a�Y�Md��tlM�Mwam M•ay'1NnrgnW.»Nile uvMaaYpMYtlbvw SlO.WMmMem•M�MMgb SN.MbbwYmwryNa aMn M•01MI•N/.M%MIbOM4MMMW q•aYMnOeY•MYIN\MMbMNINI "dNnwtl Wtl mm�pYMN1wYM.N11M WYaMNMYMMYM WmM\INMIY tlM1•MYNanNnA "dMnN Y Wtl mNY�•M bNNM•ONYCV bM MYMN•\IaMaM1.0411bemY{bMN1.IN W.J '4nNw Y wN mmlpbtl aYwOM•MYtl m bMaNnW bNYM•NM•p4NNWeA Aaaehmenll uNwl.a.v.N•r.a•b.IN weoalwr.a.Y•om rYN ONur ManN Orange County Sanitation District All-Risk Property and Earthquake Premium History For the Five-Year Period Ended June 30,2003 1998-99 1999-00 2000-01 2001-02 2002-03 Break down of premiums between Earthquake and Earthquake(1) "Other' Property casualties is not available for these 358,200 327.843 All-Risk Property (2) years. 690,000 823.000 Total 1,020,000 890,250 955,000 1,048,200 1,150,843 (1) S40 million $65 million $50 million $15 million $10 million coverage coverage coverage coverage coverage after self- after self- insured for insured for first$25 mil. first$25 mil. EQ deductible EQ deductible EQ deductible EQ deductible EQ deductible is 5%of loss, is 5%of loss, is 5%of loss, is 5%of loss, is 5%of loss, subject to a subject to a subject to a subject to a subject to a $100k min. $100k min. $100k min. $100k min. $100k min. per occurrence per occurrence per occurrence, per occurrence, per occurrence, with a total deduct- with a total deduct- with a total deduct- ible cap of$15 mil. ible cap of$15 mil. ible cap of$15 mil. Premium for add'I $15 mil. coverage to$65 million was quoted at$225K. (2) $300 million $300 million $300 million $300 million $300 million blanket loss for blanket loss for blanket loss for blanket loss for blanket loss for perils of fire perils of fire perils of fire perils of fire perils of fire &flood &flood &flood &flood &flood $25k deductible $25k deductible $25k deductible $25k deductible $25k deductible r occurrence Per occurrence per occurrence per occurrence per occurrence 6/26/20023:24 PM all-risk property&earthquake history June 26, 2002 6/yd eat To: Board of Directors, OCSD Fin: Randy T. Fuhrman Re: Legacy Vote What legacy do we want to leave for our future generations? What effects on our environment do we want to produce? What level of treatment will the effluent receive? What do we want to leave behind? Next month the Board will decide the direction of OCSD. This is an opportunity that seldom comes along. There are many analogies - every journey begins with the first step, we are at a crossroads, and various others. You could serve on this Board for quite some time and not have the opportunity that you have this year. When deciding whether to treat all the sewage to full secondary levels one always asks - what are the benefits, what will it cost, what are the ramifications, what good will this serve? In essence, why do this? You have many factors to balance. For me, the answer is that we open up the possibilities for a multitude of options while making the ocean somewhat cleaner. Nothing changes today, but by taking this first step, you change our tomorrows and many alternatives become available. Reclamation - easier. Options for effluent disposal become more numerous after all the sewage is secondarily treated. Disinfection - easier. Pathogen removal can be done using UV light rather than chemicals. Full secondary will cost money and use other resources. The money is $16.00/year over time, even less if we use technologies such as trickling filters and financial methods such as adjusting rates sooner to avoid borrowing so much money which means less cost overall. But, nothing comes for free and some price must be paid. We can minimize those consequences. For example, the biosolids can be dealt with more efficiently by using centrifuges rather than the old belt presses, thereby hauling less water and using fewer trucks. Trickling filters use less energy and produce less biosolids. Create a marketable Class A biosolid program for reuse. The future is at our doorstep and you get to decide the direction we take. By moving in a positive direction we all benefit. We also pass on a world of opportunities to the future generations. Thank you and take care,