Orange County Sanitation District MINUTES BOARD MEETING February 27, 2008 ADMINISTRATIVE OFFICES 10844 ELLIS AVENUE FOUNTAIN VALLEY, CALIFORNIA 92708-7018
Page 2 ROLL CALL A regular meeting of the Board of Directors of the Orange County Sanitation District was held on February 27, 2008 at 6:30 p.m., in the District's Administrative Offices. Following the Pledge of Allegiance and invocation, the roll was called and the Clerk of the Board reported a quorum present as follows: ACTIVE DIRECTORS ALTERNATE DIRECTORS X James M. Ferryman, Chair Bob Ooten X Doug Davert, Vice Chair Jim Palmer X Charles Antos Gordon Shanks X Don Bankhead Sharon Quirk X Larry Crandall Gus Ayer X Bill Dalton Mark Rosen X Jon Dumitru Carolyn Cavecche X Rose Espinoza James Gomez X Richard Freschi Brad Reese X Don Hansen Jill Hardy X Phil Luebben Prakash Narain X Patsy Marshall Jim Dow X Darryl Miller Douglas Reinhart X Roy Moore Ron Garcia X Joy Neugebauer AI Krippner A Chris Norby Janet Nguyen X Ken Parker Catherine Driscoll A Christina Shea Steven Choi X David Shawver David Cadena X Harry Sidhu Lucille Kring X Sal Tinajero David Benavides X Constance Underhill Joseph Aguirre X Mark Waldman Henry Charoen Don Webb X Leslie Daigle X Jim Winder John Anderson STAFF MEMBERS PRESENT: Jim Ruth, General Manager; Bob Ghirelli, Assistant General Manager; Penny Kyle, Clerk of the Board; Nick Arhontes; Jim Herberg; Ed Torres; Lorenzo Tyner; Bret Colson; Gail Garrett; Norbert Gaia; Michael Gold; Gerry Matthews; Angela Brandt; Mark Boyd; Rose Marsella; Sonja Morgan; Ron Wade; Randy Kleinman; Paula Zeller; Ryal Wheeler OTHERS PRESENT: Brad Hagin, General Counsel; Mark Abrams; Dean Albright; Rose M. Amato; Julia Anain; Lorenzo Apodaca; Relyna Aquita; Lauree Aragona; John Azizian; Steve and Ann Borwitz; Mike Bray; Chris Ceasur; Barbara Charnoth; Elvira Cheley; Roy
Page 3 Cheley; Michael Chew; Mark Chitjian; Todd Clark; Linda Crandall; Dan DeBassio; Carmen Delgadillo; Julio C. Delgadillo, Jr.; Marianne deroggenburke; Bob Endecavage; Matt Frederickson; Harry Frobert; Larry Gallup; Irma Garcia; Wanda Garro; R. Giebel; Arnualfo Gonzalez; Thomas Gordon; Ray Grangoff; Frank Gravitt; Carmen Gutierrez; Irwin Haydock; Larry Herman; Filemon Huizar; Mary Hyatt; Darrel and Jean Jeflier; Phillip Knypstra; Chris Kotichas; Jim Kotichas; Jacquelyn Landreth; Ray Lee; Jim Leivas; Kathleen Leivas; Steve Mass; Kirk McElwain; Pat McGuigan; Charles Mitchell; Anthony Montes; Larry Moore; Christina Moritz; Dan Moritz; Bill Moseley; Ghazi J. Mustafa; Frans Niggebrugge; Darrell A. Nolta; Carolyn Ogatz; Sharon O'Leary; Dennis Olson; Orma Ortiz; Paul Ozslins; Bruce Panting; Frank Paredes; A. Puttner; Werner Puttner; Ana Rabe; Linda Rabe; Scott Rawley; Kent Reece; Dean Reinemann; E.R. Reyno; Tim Ross; Jon Russell; Phillip Russell; Diana Russell; Steve Sarks; Steve Schwartz; Melissa and Ralph Scobee; Frank Scotti; Stephen Seiler; Marisela Sierra; James D. Stratton; C. Sualina; Joanna Sutherland; Doug Taylor; John van der Neut; Briana Vermeulen; B. Victorino; Janet Vochelli; Julian Vochelli; Alison Wade; Jim Wharton; Deanne Wonsor; Charles Zambon; Charleen Zech. 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 Board of Supervisors La Palma Placentia Stanton Tustin PUBLIC COMMENTS Active Director Chris Norby Mark Waldman Constance Underhill David Shawver Doug Davert Alternate Director Janet Nguyen Henry Charoen Joseph Aguirre David Cadena Jim Palmer Darrel Nolta addressed the board encouraging the District to investigate and consider measures to eliminate biofilm structure, which is a non-free floating form of bacteria that can adhere to the interior sides of the ocean outfall pipeline. REPORT OF THE CHAIR Chair Ferryman reported that he would be attending the CASA conference in Washington, DC, on March 101h -1ih, along with Directors Doug Davert and Larry Crandall. They also plan to meet with representatives of the Orange County delegation to discuss the District's funding requests. Nick Arhontes, Director of Operations & Maintenance, recognized Mark Boyd for 20 years of service to the District. REPORT OF THE GENERAL MANAGER General Manager, Jim Ruth, recognized Nick Arhontes, Director of Operations & Maintenance, for 20 years of service to the District. He also provided a brief overview of his February status report that was included in the Directors' agenda package.
Page 4 REPORT OF THE GENERAL COUNSEL General Counsel, Brad Hogin, did not have a report. 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 Totals 01/15/08 01/31/08 $16,528,712.48 $28,827,182.21 Director Dumitru abstained from discussion and voting on Warrant Nos. 97131, 97149, 97473, and 97897. Director Shawver abstained from discussion and voting on Warrant Nos. 97644 and 97826. Director Hansen abstained from discussion and voting on Warrant No. 97500. Director Sidhu abstained from discussion and voting on all warrants. Abstentions were pursuant to California Government Code Section 84308. CONSENT CALENDAR 7. a. MOVED, SECONDED AND DULY CARRIED: Order the minutes for the regular meeting held on December 19, 2007, to be filed and deemed approved, as mailed. b. MOVED, SECONDED AND DULY CARRIED: Authorize the General Manager to execute a Settlement Agreement with SA Recycling, LLC (formally known as Adam Steel Inc.), to resolve easement encroachment issues along the Santa Ana River Interceptor (built under Contract No. 2-14-2), at no cost to Orange County Sanitation District, in a form approved by General Counsel. c. MOVED, SECONDED AND DULY CARRIED: 1) Receive and file summons and complaint; Matthew Cetera v. Orange County Sanitation District, Orange County Superior Court Case No. 07 -CC11759; and, 2) Authorize General Counsel to appear and defend the interests of the Sanitation District.
Page 5 COMMITTEE REPORTS AND RECOMMENDED ACTIONS 8. STEERING COMMITTEE Chair Ferryman reported that the Steering Committee considered contractor/subcontractor allocation of use tax, naming of district-owned land, buildings and facilities policy, and the 2008 Legislative Platform and Goals. Consent Calendar a. MOVED, SECONDED AND DULY CARRIED: Order Steering Committee Minutes for the meeting held on January 23, 2008, to be filed. Non-Consent Calendar b. MOVED, SECONDED AND DULY CARRIED: Adopt the 2008 Legislative Platform and Goals. 9. OPERATIONS COMMITTEE Consent Calendar a. MOVED, SECONDED AND DULY CARRIED: Order Operations Committee Minutes for the meeting held on February 6, 2008, to be filed. b. MOVED, SECONDED AND DULY CARRIED: Approve Change Order No. 1 to Purchase Order No. 102810-0B issued to Jones Chemicals, Inc. for the Purchase of Sodium Hypochlorite (Bleach), Specification No. C-2007-337BD, authorizing a price increase of $0.05298/gallon for a new total unit price of $0.53230/gallon including sales tax and freight for the period beginning March 1, 2008 through August 10, 2008; and, for all subsequent renewals of said contract. c. MOVED, SECONDED AND DULY CARRIED: 1) Approve Amendment No. 1 to the Professional Design Services Agreement with CDM, Inc. providing for construction support services for 66kV Substation at Plant No. 2, Job No. P1-97, for an additional amount of $215,250, increasing the total contract amount not to exceed $994,631; and, 2) Approve a 5% contingency ($49,731 ). d. MOVED, SECONDED AND DULY CARRIED: 1) Approve Amendment No. 1 to the Professional Services Agreement with PBS&J Inc. for Rehabilitation of Westside Pump Station, Contract No. 3-52, providing for construction support services for an additional amount of $544,614, increasing the total amount not to exceed $1,709,335; and, 2) Approve a 10% contingency ($170,093).
Page 6 e. MOVED, SECONDED AND DULY CARRIED: 1) Approve Amendment No. 2 to the Professional Design Services Agreement with MVA Architects, Inc. for North County Collections Yard, Contract No. 15-04, providing for design services for an additional amount of $245,650, increasing the total amount not to exceed $330,650; 2) Approve a budget increase of $1,683,241 for North County Collections Yard, Contract No. 15-04, for a total project budget of $11,773,241; and, 3) Approve a contingency of 15% ($49,598). Non-Consent Calendar f. No items were considered. 10. ADMINISTRATION COMMIITEE Consent Calendar a. MOVED, SECONDED AND DULY CARRIED: Order Administration Committee Minutes for the meeting held on February 13, 2008, to be filed. b. MOVED, SECONDED AND DULY CARRIED: Authorize the expiration of the Additional Retiree Benefit Account (ARBA) agreement with Orange County Employees Retirement System (OCERS), and direct staff to administer the ARBA benefits to retirees, and to report back to the Committee staff's long-term recommendation as needed. c. MOVED, SECONDED AND DULY CARRIED: Authorize Jim Ferryman, OCSD Chair, to enter into an agreement with Woodruff, Spradlin & Smart for legal services, appointing Bradley R. Hogin as Principal General Counsel with a rate schedule of $255/235/200/1 05 and automatic annual CPI increases. d. MOVED, SECONDED AND DULY CARRIED: Approve the budget assumptions to be used for the preparation of the FY 2008-09 and FY 2009-10 two-year budget. Non-Consent Calendar e. No items were considered.
Page? 11. GWR SYSTEM STEERING COMMITTEE (GWRSSC) GWRSSC Consent Calendar a. MOVED, SECONDED AND DULY CARRIED: Order Joint Groundwater Replenishment System Steering Committee Minutes for the meetings held on November 19, 2007, and December 10, 2007, to be filed. GWRSSC Non-Consent Calendar b. No items were considered. NON-CONSENT CALENDAR 12. Consideration of Ordinance No. OCSD-35, An Ordinance of the Board of Directors of Orange County Sanitation District Establishing Sanitary Sewer Service Charges and Repealing Article II of Ordinance No. OCSD-32: ADOPTING REVISED TABLE A RE RESIDENTIAL USER FEES. AND REVISED SECTION 2.03D, LIMITATIONS PERIOD a. OPEN PUBLIC HEARING: The Chair declared the public hearing opened at 6:55 p.m. MOVED, SECONDED AND DULY CARRIED: Receive and file approximately 1,541 written comments in opposition to and in support of the increase in rates. Jim Ruth, General Manager, provided a brief overview of the lengthy process staff completed to minimize the proposed rate increase and also fulfill the District's fiduciary responsibilities to protect the health and safety of those that work and reside within the District's boundaries. PUBLIC COMMENTS: Public comments were received by the following who were opposed to the proposed rate increase: Phillip Knypstra; Dean Albright; Charleen Zech; Phillip Russell; Ray Grangoff; Darrel A. Nolta; Mark Chitjian; John Azizian; Steve Sarkis; Bruce Panting; Irma Garcia; Larry Moore; Dennis Olson; Larry Herman; Frans Niggebrugge; Lorenzo Apodaca; Jaquelyn Landreth; Steve Mass; John van der Neut; Mark Abrams; E.R. Reyno; Charles Mitchell; Frank Gravitt; Mary Hyatt; Thomas Gordon; Anthony Montes; James Wharton; Ghazi J. Mustafa; Frank Paredes; Daniel Moritz; Ken Reece. Public comments were received by the following that were in support of the rate increase: Irwin Haydock; Dean Reinemann. b. CLOSE PUBLIC HEARING: The Chair declared the public hearing closed at 8:13 p.m.
Page 8 c. Directors entered into lengthy discussion regarding the proposed rate increase, and staff responded to their inquiries and impacts it would have on the District's operations if the rate increase was reduced. d. 1. MOVED, SECONDED AND DULY CARRIED: Read Ordinance No. OCSD-35 by title only and waive reading of said entire ordinance. 2. MOVED AND SECONDED: To adopt Ordinance No. OCSD-35, An Ordinance of the Board of Directors of Orange County Sanitation District Establishing Sanitary Sewer Service Charges and Repealing Article II of Ordinance No. OCSD-32. A roll call vote was then taken for Ordinance No. OCSD-35, and the motion failed (2/3 approval required) by a vote of 16 ayes, 6 nays, and one abstention as follows: Ayes: Nays: Abstention: Absent: Jim Ferryman, Chair; Charles Antos; Larry Crandall; Leslie Daigle; Doug Davert; Rich Freschi; Don Hansen; Phil Luebben; Patsy Marshall; Darryl Miller; Roy Moore; Ken Parker; Dave Shawver; Sal Tinajero; Mark Waldman; Jim Winder Don Bankhead; Bill Dalton; Jon Dumitru; Joy Neugebauer; Harry Sidhu; Constance Underhill Rose Espinoza Chris Norby; Christina Shea A request to reconsider the motion was made by Director Espinoza, and seconded. In response to Directors' questions, General Counsel Hagin advised that the District's Rules of Procedure allowed Director Espinoza to move for reconsideration because she had not voted "yes" on the motion. A second roll call vote was taken and approved to adopt Ordinance No. OCSD-35, by a vote of 17 ayes and 6 nays, as follows: Ayes: Nays: Abstention: Absent: Jim Ferryman, Chair; Charles Antos; Larry Crandall; Leslie Daigle; Doug Davert; Rose Espinoza; Rich Freschi; Don Hansen; Phil Luebben; Patsy Marshall; Darryl Miller; Roy Moore; Ken Parker; Dave Shawver; Sal Tinajero; Mark Waldman; Jim Winder Don Bankhead; Bill Dalton; Jon Dumitru; Joy Neugebauer; Harry Sidhu; Constance Underhill None Chris Norby; Christina Shea
Page 9 13. MOVED, SECONDED AND DULY CARRIED: Adopt Resolution No. OCSD 08-01, directing the County Tax Collector-Treasurer to include sanitary sewer service charges on the 2008-09 through 2012-13 property tax bills. Directors Jon Dumitru and Joy Neugebauer opposed. 14. There was no closed session. ADJOURNMENT: The Chair declared the meeting adjourned at 9:13 p.m. Clerk of the Board Orange County Sanitation District H:\dept\gmo\ 150\ 151\BS\Minutes\022708 draft minutes.doc