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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 Page 2 09/26/01 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 Minutes for Board Meeting Page 3 09/26/01 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. Minutes for Board Meeting Page4 09/26/01 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. Minutes for Board Meeting Page 5 09/26/01 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 Minutes for Board Meeting Page 6 09/26/01 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 Minutes for Board Meeting Page 7 09/26/01 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. * * * * * * Minutes for Board Meeting Page 8 09/26/01 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 Minutes for Board Meeting Page 9 09/26/01 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 G:\wp.dta\agenda\Board Minutes\2001 Board Minutes\092601 minutes.doc