HomeMy WebLinkAbout09-26-2001 Board MinutesOrange County Sanitation District
MINUTES
BOARD MEETING
SEPTEMBER 26, 2001
ADMINISTRATIVE OFFICES
10844 ELLIS AVENUE
FOUNTAIN VALLEY, CALIFORNIA 92708-7018
Minutes for Board Meeting
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ROLL CALL
A regular meeting of the Board of Directors of the Orange County Sanitation District, was
held on September 26, 2001, 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 Norman Z. Eckenrode, Chair Constance Underhill
x Peter Green, Vice Chair Dave Garofalo
x Steve Anderson Steve Simonian
x Don Bankhead Jan Flory
x Shawn Boyd John Larson
x Brian Brady Darryl Miller
x Guy Carrozza Larry Crandall
x Brian Donahue Bill Estrada
x James M. Ferryman Arlene Schafer
x John M. Gullixson Michael Duvall
x Alice B. Jempsa Arthur DeBolt
x Tony Kawashima Tracy Worley
Beth Krom x Greg Smith
x Mark Leyes Bruce Broadwater
x Shirley McCracken Tom Daly
x Pat McGuigan Alberta Christy
x Roy Moore Marty Simonoff
A Mark A. Murphy Joanne Coontz
x Joy Neugebauer Grace Epperson
x Russell Patterson Richard A. Freschi
x Anna L. Piercy Tim Keenan
x Tod Ridgeway Gary Adams
x Jerry Sigler Jim Dow
x Jim Silva Chuck Smith
A Paul Walker Kenneth Blake
STAFF MEMBERS PRESENT: Blake P. Anderson, General Manager; Penny Kyle, Board
Secretary; Bob Ghirelli; Dave Ludwin; Greg Mathews; Patrick Miles; Lisa Murphy; Bob Ooten;
Gary Streed; Lisa Tomko; Rich Schlegel; Kim Christensen; Kelly Christensen; Chuck Frye
OTHERS PRESENT: Thomas L. Woodruff, General Counsel; Alternate Director Alberta Christy;
Don Hughes; Kris Hardeman; Irwin Haydock; Jan Vandersloot; Doug Korthof; Don McGee;
Dennis Baker; Don Schulz; Larry Porter; Glen and Camille Christenson; Kelly and Nicole
Schlegel; Terry Lane; Art Perry
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PUBLIC COMMENTS
The following persons spoke about ocean discharge issues and expressed their opposition to
the waiver: Jan Vandersloot; Don McGee; Larry Porter; Dennis Baker; Doug Korthof; Kris
Hardeman; Irwin Haydock.
REPORT OF THE CHAIR
Chair Eckenrode announced the next workshop was scheduled for Saturday, November 3, from
8:00 a.m. to 11 :00 a.m. Discussions will be on the ocean discharge permit. It was also
announced that the next quarterly workshop on the groundwater replenishment system project
would be held at the Orange County Water District on Saturday, November 1 ?1h.
Service awards were then presented to employees Rich Schlegel, Kim Christensen and Chuck
Frye for 20 years of service to the District.
REPORT OF THE GENERAL MANAGER
The General Manager reported that the ocean testing was completed. All the data must be
analyzed and put into a report that should be available in March. He urged the Directors to
attend the workshop on November 3rd as this would assist them in their policy-making decision
the level of treatment the District is to provide. He then recognized Bob Ghirelli, Director of
Technical Services, who outlined the steps and timeframe that needed to be taken before a
decision was made for the level of treatment.
Directors requested a one-page summary of the timeline of events to be provided to them.
REPORT OF THE GENERAL COUNSEL
General Counsel Thomas L. Woodruff referred the Directors to the annual litigation status report
included in their meeting folders that evening. It was also reported that a legislative status report
would be forthcoming.
APPROVAL OF MINUTES
The Chair ordered that the minutes of the regular meeting held August 22, 2001 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 08/15/01 08/31/01
Totals $7,461,799.16 $4,344,273.30
Director Leyes abstained.
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9. a.
CONSENT CALENDAR
MOVED, SECONDED AND DULY CARRIED: Receive and file Summons and
Complaint for Petition for Writ of Mandate re Crow Winthrop Development
Limited Partnership v. Orange County Sanitation District, et al., Orange County
Superior Court Case No. 01 CC11349, and authorize General Counsel to appear
and defend the interests of the District.
b. MOVED, SECONDED AND DULY CARRIED: Approve Amendment No. 4 to the
Lease Agreement with Seaside Financial Corporation (Specification
No. L-009-1) for a month-to-month lease of the southern 4-acre portion of the
18-acre property located at the northeast corner of Ward Street and Garfield
Avenue in the City of Fountain Valley, for a maximum of 90 days ending on
November 30, 2001 at a monthly fee of $1,927.08.
NON-CONSENT CALENDAR
11. DRAFT STEERING COMMITTEE MINUTES: A verbal report was presented by Director
Eckenrode, Chair of the Steering Committee, re the September 26, 2001 meeting.
The Chair ordered the draft Steering Committee Minutes for the meeting held on
August 22, 2001 to be filed.
c. DRAFT URBAN RUNOFF AD HOC COMMITTEE MINUTES: A verbal report was
presented by Director Boyd, Chair of the Urban Runoff Ad Hoc Committee, re the
August 29, 2001 meeting.
The Chair ordered the draft Urban Runoff Ad Hoc Committee Minutes for the
meeting held on August 29, 2001 to be filed.
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 September 5, 2001
meeting.
The Chair ordered the draft Operations, Maintenance and Technical Services Committee
Minutes for the meeting held on September 5, 2001 to be filed.
c. MOVED, SECONDED AND DULY CARRIED: (1) Approve an increase to the
contract with Kemiron Pacific, Inc. for Purchase of Ferric Chloride, Specification
No. C-147, providing for an increase of $300,000, for a total amount not to
exceed $2,700,379 for the period ending November 30, 2001; and, (2) renew the
contract for one additional year ending November 30, 2002, providing for a unit
rate increase per dry ton for a total unit price of $321.43, including sales tax and
delivery, for an estimated annual amount not to exceed $2,535,000, and approve
subsequent renewals provided the unit cost remains unchanged.
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d. MOVED, SECONDED AND DULY CARRIED: Approve additional District funding
for Cooperative Projects for FY01-02 related to inflow and infiltration reduction
totaling $826,018, as recommended by the Guidance Review Committee,
increasing the total FY01-02 amount from $1,729, 195 to a total amount of
$2,555,213.
e. MOVED, SECONDED AND DULY CARRIED: Authorize the General Manager to
utilize Riverside County's competitively bid multi-agency contract and execute an
agreement with ASAP Software, Inc., for licensing Microsoft personal computer
software, for a three-year period effective October 1, 2001 through September
30, 2004, for a total amount not to exceed $482, 789.
13. DRAFT PLANNING, DESIGN AND CONSTRUCTION COMMITTEE MINUTES: A verbal
report was presented by Director Anderson, Chair of the Planning, Design and
Construction Committee, re the September 6, 2001 meeting.
The Chair then ordered the draft Planning, Design and Construction Committee Minutes
for the meeting held September 6, 2001 to be filed.
c. MOVED, SECONDED AND DULY CARRIED: (1) Ratify Change Order No. 3 to
Grit Removal System, Job No. J-52, with Norman A. Olsson Construction
Company, authorizing an addition of $9,387 and 219 calendar days, increasing
the contract amount to $820,934; and (2) Accept Grit Removal System, Job No.
J-52, as complete, authorizing execution of the Notice of Completion and
approving the Final Closeout Agreement.
d. MOVED, SECONDED AND DULY CARRIED: Approve Addendum No. 9 to the
Professional Services Agreement with Parsons Engineering Science, Inc., for
Plant Reinvention/Automation Project, Job No. J-42, providing additional
engineering services for benefit/cost evaluation, computer systems training,
tagging services and calibration database, for an additional amount of
$1,625,874, increasing the total amount not to exceed $9,362,598.
e. MOVED, SECONDED AND DULY CARRIED: Approve Addendum No. 2 to the
Professional Services Agreement with Cathcart Garcia van Langen Engineers,
for Plant Utilities Rehabilitation and Refurbishment, Job No. P2-82, providing
additional design services, for an additional amount of $221,785, increasing the
total amount not to exceed $554,497.
f. MOVED, SECONDED AND DULY CARRIED: Authorize the General
Manager, or his designee, to award a sole source purchase order for 28 Sentinel
Scrubber Gas Monitors from Vapex, Incorporated for an amount not to exceed
$620,575, for materials, taxes and freight, in connection with Scrubber Monitor
and Control Project, Job No. J-71-7.
g. MOVED, SECONDED AND DULY CARRIED: 1) Approve a budget transfer of
the total remaining project budget of $2,802,000 from Job No. J-31-4 to Job No.
P1-40-1/Job No. P2-47-1; (2) Close Job No. J-31-4; (3) Approve Addendum No.
7 to the Professional Services Agreement with Lee & Ro for design and
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construction support seNices required for Modifications to Electrical and Control
Systems, and Process Evaluations at Plant No. 1, Job No. P1-40-1; Modifications
to Electrical and Control Systems, and Process Evaluations at Plant No. 2, Job
No. P2-47-1, providing for additional engineering seNices in the amount of
$574,270, for a total amount not to exceed $2,281,748; and (4) Approve a budget
increase for Job No. P1-40-1/Job No. P2-47-1 of $1,500,000 from the District's
Capital Improvement Program ReseNes for a total budget of $6,917,000.
14. DRAFT FINANCE, ADMINISTRATION AND HUMAN RESOURCES COMMITTEE
MINUTES: A verbal report was presented by Director McCracken, Chair of the Finance,
Administration and Human Resources Committee, re the September 19, 2001 meeting.
The Chair then ordered the draft Finance, Administration and Human Resources
Committee Minutes for the meeting held September 19, 2001 to be filed.
c. MOVED, SECONDED AND DULY CARRIED: Receive and file Treasurer's
Report for the month of August 2001.
d. MOVED, SECONDED AND DULY CARRIED: Approve a Debt Policy relating to
short-and long-term borrowing by the District.
15. DRAFT JOINT GROUNDWATER REPLENISHMENT SYSTEM COOPERATIVE
COMMITTEE MINUTES: A verbal report was presented by Director Anderson,
representative on the Joint Groundwater Replenishment System Cooperative
Committee, re the meetings held on September 10 and September 24, 2001.
The Chair ordered the draft Joint Groundwater Replenishment System Cooperative
Committee Minutes for the meetings held on August 13, 2001 and August 27, 2001 to be
filed.
c. MOVED, SECONDED AND DULY CARRIED: Approve an agreement between
Orange County Water District and NCG Porter Novelli for the next phase of the
Groundwater Replenishment System public information and education program
for a two year period, with two one-year extensions at an amount not to exceed
$900,000 per year. OCWD and OCSD have equal costs in the amount of
$450,000 per year.
Director Leyes opposed.
d. MOVED, SECONDED AND DULY CARRIED: Authorize the Orange County
Water District (OCWD) to solicit bids for temporary office facilities in connection
with the Groundwater Replenishment System, Job No. J-36; (2) Authorize
OCWD to award a contract to the low bidder in an amount not to exceed
$800,000 and approve change orders in an aggregate amount not to exceed
10% of the original contract amount with OCSD and OCWD paying equal shares
of $400,000; and (3) Authorize OCWD to issue necessary Purchase Orders in
accordance with OCWD Purchasing Policy to provide desks, chairs, file cabinets,
shelves, computers, and other furnishings and equipment for the temporary office
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facilities, for a total of all purchase orders not to exceed $300,000, with OCSD
and OCWD paying equal shares of $150,000.
Director Leyes opposed.
e. MOVED, SECONDED AND DULY CARRIED: Authorize the Orange County
Water District (OCWD) to execute rights-of-way acquisition and relocation
agreements and other necessary documents in connection with the Groundwater
Replenishment System, Job No. J-36, in a form approved by OCWD's General
Counsel in the aggregate amount of $1,000,000, upon approval of each
expenditure by the Joint Cooperative Committee, with OCSD and OCWD paying
equal shares of $500,000.
16. MOVED, SECONDED AND DULY CARRIED: (1) Approve plans and specifications for
Orange-Western Subtrunk Relief Sewer, Contract No. 3-25, on file at the offices of the
Board Secretary; (2) Approve Addendum No. 1 to the plans and specifications for
Contract No. 3-25; (3) Receive and file bid tabulation and recommendation; (4) Reject all
bids; and (5) Authorize the General Manager to establish the date for receipt of bids for
Orange-Western Subtrunk Relief Sewer, Contract No. 3-25 (Rebid).
17. MOVED, SECONDED AND DULY CARRIED: Ratify use of General Manager's
emergency purchasing authority, Resolution No. OCSD 99-23, for purchase orders
issued to Sancen Engineering in connection with the Huntington Beach Onshore
Investigation, Phase 3, for a total amount not to exceed $318,375.
18. The Chair declared a recess of the Board of Directors, Orange County Sanitation
District, at 8:16 p.m.
* * * * * *
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ORANGE COUNTY SANITATION DISTRICT FINANCING CORPORATION
ROLL CALL
A regular meeting of the Board of Directors of the Orange County Sanitation District Financing
Corporation (OCSDFC) was called to order on September 26, 2001, at 8:16 p.m., in the
District's Administrative Offices. The roll was called and the Secretary reported a quorum
present as follows:
ACTIVE DIRECTORS ALTERNATE DIRECTORS
x Norman Z. Eckenrode, Chair Constance Underhill
x Peter Green, Vice Chair Dave Garofalo
x Steve Anderson Steve Simonian
x Don Bankhead Jan Flory
A Shawn Boyd John Larson
x Brian Brady Darryl Miller
x Guy Carrozza Larry Crandall
x Brian Donahue Bill Estrada
x James M. Ferryman Arlene Schafer
x John M. Gullixson Michael Duvall
x Alice B. Jempsa Arthur DeBolt
x Tony Kawashima Tracy Worley
Beth Krom x Greg Smith
x Mark Leyes Bruce Broadwater
x Shirley McCracken Tom Daly
x Pat McGuigan Alberta Christy
x Roy Moore Marty Simonoff
A Mark A. Murphy Joanne Coontz
x Joy Neugebauer Grace Epperson
x Russell Patterson Richard A. Freschi
x Anna L. Piercy Tim Keenan
x Tod Ridgeway Gary Adams
x Jerry Sigler Jim Dow
A Jim Silva Chuck Smith
A Paul Walker Kenneth Blake
APPROVAL OF MINUTES
The Chair ordered that the minutes of the meeting held on August 23, 2000 be deemed
approved, as mailed.
REPORT OF THE DIRECTOR OF FINANCE
Gary Streed, gave a verbal report on the progress the OCSDFC made during the past year.
Accomplishments include obtaining a AA category stand alone credit rating; refunded $12.4
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million of 6.36% fixed rate debt; refunded $164.3 million VRDO (Gary?); extended the maturity
three years, purchase value cost of $175,000 but lower annual payments of $2 million per year;
issued reimbursement COPs of $35.7 million; and the VRDO rate from 8/23/00 to 8/31/01 was
2.79%.
Currently the Finance Corporation is seeking a financial advisor; obtained formal approval by
the FAHR Committee for a debt policy; and the current adopted budget includes $280 million for
a COP issue.
The Finance Corporation will be looking to evaluate the use of borrowing, evaluate competitive
v. negotiated sales, user fee increases to cover debt service, and additional meetings held to
approve future issues.
In response to Directors questions it was clarified that the OCSDFC would report their actions
through the FAHR Committee.
ADJOURNMENT: The Chair declared the meeting of the Orange County Sanitation District
Financing Corporation adjourned at 8:26 p.m.
******
RECONVENE: The Chair of the Board of Directors of Orange County Sanitation District
reconvened the meeting at 8:26 p.m.
ADJOURNMENT: The Chair declared the meeting adjourned at 8:29 p.m.
Secretary
Orange C
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