HomeMy WebLinkAbout06-25-2008 MinutesOrange County Sanitation District
MINUTES
BOARD MEETING
June 25, 2008
ADMINISTRATIVE OFFICES
10844 ELLIS AVENUE
FOUNTAIN VALLEY, CALIFORNIA 92708-7018
Minutes of Board Meeting
06/25/08
Page 2
ROLL CALL
A regular meeting of the Board of Directors of the Orange County Sanitation District was
held on June 25, 2008 at 6:30 p.m., in the District's Administrative Offices. Fol l owing the
Pledge of Al legiance and invocation, the roll was called and the Clerk of the Board
reported a quorum present as foll ows:
ACTIVE DIRECTORS ALTERNATE DIRECTORS
X James M. Ferryman, Chair Bob Ooten
X Doug Davert, Vice Chair Jim Pal mer
X Charles Antos Gordon Shanks
X Don Bankhead Sharon Quirk
X Larry Crandall Gus Ayer
X Bill Dalton Steven Jones
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
Chris Norby X Janet Nguyen
Ken Parker X Catherine Driscoll
X Christina Shea Steven Choi
X David Shawver David Cadena
X Harry Sidhu Lucille Kring
Sal Tinajero X David Benavides
X Constance Underhill Joseph Aguirre
X Mark Waldman Henry Charoen
X Don Webb Leslie Daigl e
X Jim Winder John Anderson
STAFF MEMBERS PRESENT: Jim Ruth, General Manager; Bob Ghirel li, Assistant
General Manager; Penny Kyl e, Clerk of the Board; Nick Arhontes; Jim Herberg; Ed
Torres; Lorenzo Tyner; Rich Castillon; Bret Colson; Lilia Kovac; Norbert Gaia; Gail
Garrett; Michael Gold; Juanita Skillman; Ryal Wheel er; Chuck Winsor
OTHERS PRESENT: Brad Hogin, General Counsel ; Matthew Harper; Monalee Marquis;
Bob Ooten
Minutes of Board Meeting
06/25/08
Page 3
PUBLIC COMMENTS
There were no public comments.
REPORT OF THE CHAIR
Chair Ferryman presented a resolution of commendation to Director Rich Freschi and
thanked him for his dedication and service to the Sanitation District.
It was reported that a letter addressed to state representatives was being circulated for
signature by all board members present, requesting that special districts' property tax
funds are not shifted for the purpose of balancing the State budget. Mr. Ferryman
reviewed the July meeting schedule.
REPORT OF THE GENERAL MANAGER
General Manager, Mr. Jim Ruth, presented a brief report on the proposed budget, the
public outreach program, and an update of the SAWPA and IRWD operating
agreements.
REPORT OF THE GENERAL COUNSEL
General Counsel, Brad Hogin, did not give 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
05/15/08 05/31 /08
$17,234,017.8 6 $25,971,110.02
Director Hansen abstained from discussion and voting on Warrant Nos. 10794 and
10963. Director Shawver abstained from discussion and voting on Warrant No. 11299.
Directors Nguyen, Shea and Sidhu abstained from discussion and voting on all warrants.
Abstentions were pursuant to California Government Code Section 84308 .
7. a.
CONSENT CALENDAR
MOVED, SECONDED AND DULY CARRIED: Order the minutes for the
regular meeting held on May 28 , 2008 , to be filed and deemed approved,
as mailed.
Director Nguyen abstained.
Minutes of Board Meeting
06/25/08
Page 4
b. MOVED, SECONDED AND DUL Y CARRIED: Approve settlement
payment of $263,875 in connection with Administrative Civil Liability
Complaint No. R8 -2008 -0054 to the Santa Ana Regional Water Quality
Control Board as follows:
1. State Water Resources Control Board for $143,875; and,
2. General Manager to direct the remaining balance of $120,000
toward Supplemental Environmental Projects proposed by the
Sanitation District and approved by the Santa Ana Regional Water
Quality Control Board.
c. MOVED, SECONDED AND DUL Y CARRIED: Adopt Resolution No.
OCSD 08 -11, Establishing the Annual Appropriations Limit for Fiscal Year
2008 -09, for the Orange County Sanitation District in accordance with the
Provisions of Division 9 of Title 1 of the California Government Code.
COMMITTEE REPORTS AND RECOMMENDED AC TIONS
8. STEERING COMMITTEE
Chair Ferryman reported the Steering Committee had considered an update on
the Builders Industry Association request to defer connection fees, as well as
approval for two directors to travel to Stockholm, Sweden to attend a water
conference and receive a prestigious award in connection with the GWR System.
Consent Calendar
a. MOVED, SECONDED AND DUL Y CARRIED: Order Steering Committee
Minutes for the meeting held on May 28 , 2008 , to be filed.
Director Nguyen abstained.
b. Item moved to non-consent for consideration.
Non-Consent Calendar
b. Approve out-of-country travel for a maximum of two Directors to accept
the Stockholm Industry Water Award in Stockholm, Sweden, in
connection with the Groundw ater Replenishment System project, and
authorize travel, lodging and per diem costs to be paid by the Sanitation
District.
Chair Ferryman reported that additional details had been received by staff
identifying expenses, excluding airfare, were offered to be paid by the
Stockholm Water Foundation and the Stockholm International Water
Institute for two Directors to attend the 2008 World Water Week
conference.
Minutes of Board Meeting
06/25/08
Page 5
A motion was made and seconded but failed to be approved by a roll call
vote count of 19 nays and 6 yeas.
A substitute motion was made and seconded to authorize one Director to
attend the conference and limiting the stipend for one day, but failed to be
approved by a roll call vote count of 13 nays and 12 yeas.
It was then:
MOVED, SECONDED AND DUL Y CARRIED: Approve out-of-country
travel for two Directors to attend the Stockholm International Water
Institute Conference in Sweden and accept an award in connection with
the Groundwater Replenishment System project, authorizing travel and
per diem costs not to exceed $5,000.
Directors Dumitru, Luebben, Marshall, Miller, Sidhu, Underhill and Winder
opposed.
c. MOVED, SECONDED AND DUL Y CARRIED: 1) Adopt Resolution No.
OCSD 08 -08 , Establishing a Policy for Naming Facilities and the
Placement of Monuments and Other Memorials; and,
2) Dedicate and name the Ellis Pump Station in memory of Past Chair
Steve Anderson.
9. OPERATIONS COMMITTEE
Consent Calendar
a. MOVED, SECONDED AND DUL Y CARRIED: Order Operations
Committee Minutes for the meeting held on June 12, 2008 , to be filed.
Director Nguyen abstained.
b. MOVED, SECONDED AND DUL Y CARRIED: 1) Award a contract to
Jones Chemicals Inc., for the Purchase of Sodium Hypochlorite -NaOCI
(Bleach) Solution, Specification No. C-2008 -374BD for a unit price of
$0.5331 per gallon, plus freight of $0.0600 per gallon, plus applicable
sales tax for an estimated amount of $7,295,600 for the contract period
August 11, 2008 through August 10, 2009, with four one-year renewal
options; and
2) Approve a 10% annual cost escalation contingency.
Minutes of Board Meeting
06/25/08
Page 6
c. MOVED, SECONDED AND DUL Y CARRIED: 1) Award a contract to
Jones Chemicals Inc, for the purchase of Sodium Bisulfite Solution
(NaHS03), Specification No. C-2008 -379BD for contract period
August 11, 2008 through August 31, 2009 for a unit price of $0.7539 per
gallon plus freight of $0.0600 per gallon, plus applicable sales tax for an
estimated amount of $523,38 0 with four one-year renewal options; and,
2) Approve a 10% annual cost escalation contingency.
d. MOVED, SECONDED AND DUL Y CARRIED: 1) Award a sole-source
contract with US Peroxide, LLC, for the application of a proprietary
chemical process which uses hydrogen peroxide regenerated iron for
odor and corrosion control, for the period August 1, 2008 through
June 30, 2009, for the unit prices of $1.25/gallon delivered, plus tax for
ferrous chloride; $1.59/gallon delivered, plus tax for hydrogen peroxide
(27%); and $2.8 5/gallon delivered, plus tax for hydrogen peroxide (50%),
for an estimated annual amount of $2, 128 ,000; and,
2) Authorize a 1 0% unit cost escalation contingency.
e. MOVED, SECONDED AND DUL Y CARRIED: 1) Approve Plans and
Specifications for the Temporary Primary Sludge Diversion from Plant 1
to Plant 2, Contract No. P1-101A, on file at the off ice of the Clerk of the
Board;
2) Receive and file bid tabulation and recommendation;
3) Reject low bid from Caliagua, Inc. as "Non Responsive" due to its
failure to provide the information required under Public Contract Code
§4100 et seq. in its Bid;
4) Award a construction contract to Orion Construction Corporation for
Temporary Primary Sludge Diversion from Plant 1 to Plant 2, Contract
No. P1-101A, for a total amount not to exceed $567,000; and,
5) Approve a contingency of $56,700 (10%).
f. MOVED, SECONDED AND DUL Y CARRIED: 1) Approve a Budget
increase of $700,000 for Rehabilitation of Westside Pump Station,
Contract No. 3-52, for a total budget amount of $9,540,000;
2) Approve Plans and Specifications for the Rehabilitation of Westside
Pump Station, Contract No. 3-52, on file at the off ice of the Clerk of the
Board;
3) Approve Addendum No. 1 to the plans and specifications;
4) Receive and file bid tabulation and recommendation;
Minutes of Board Meeting
06/25/08
Page 7
5) Award a contract to Norman A. Olsson Construction Inc. for the
construction of the Rehabilitation of Westside Pump Station, Contract No.
3-52, for a total amount not to exceed $5,885,000; and,
6) Approve a contingency of $294,250 (5%).
10. ADMINISTRATION COMMITTEE
Consent Calendar
a. MOVED, SECONDED AND DUL Y CARRIED: Order Administration
Committee Minutes for the meeting held on June 12, 2008 , to be filed.
Director Nguyen abstained.
b. Staff requested this item to be pulled for consideration at a future date.
c. MOVED, SECONDED AND DUL Y CARRIED: 1) Renew the Sanitation
District's Excess General Liability Insurance Program for the period
July 1, 2008 through June 30, 2009, in an amount not to exceed
$370,525;
2) Renew the Sanitation District's Excess Workers' Compensation
Insurance for the period July 1, 2008 through June 30, 2009, with the
California State Association of Counties Excess Insurance Authority, at a
rate not to exceed $.0030 (estimated premium of $175,998 based on
current payroll);
3) Renew the Sanitation District's All-Risk Property and Flood for the
period July 1, 2008 through June 30, 2009, in an amount not to exceed
$469,1 00; and,
4) Renew the Sanitation District's Boiler & Machinery Insurance Program
for the period July 1, 2008 through June 30, 2009, in an amount not to
exceed $17,000.
d. MOVED, SECONDED AND DUL Y CARRIED: Adopt Resolution No.
OCSD 08 -09, Establishing Use Charges for the Fiscal Year 2008 -09
Pursuant to the Wastewater Treatment and Disposal Agreement with the
Santa Ana Watershed Project Authority.
Minutes of Board Meeting
06/25/08
PageS
Non-Consent Calendar
e. MOVED, SECONDED AND DUL Y CARRIED: Approve proposed
Operating, Capital, Debt/COP Service and Self-Insurance Budgets for FY
2008 -09 and 2009-10 as follows:
Net Operations, Maintenance & Working Capital
Worker's Compensation Self Insurance
General Liability and Property Self-Insurance
Net Capital Improvement Program
Debt/COP Service
Intra-District Joint Equity Purchase/Sale
TOTAL
2008-09
$146,771,18 0
490,000
1,506,200
373,657,000
74,623,000
3,961,700
$601 ,009,080
11. GWR SYSTEM STEERING COMMITTEE (GWRSSC)
GWRSSC Consent Calendar
2009-10
$154,038 ,030
535,000
1,606,200
228 ,907,000
84,297,030
(2,099,300)
$467.283,960
a. MOVED, SECONDED AND DUL Y CARRIED: Order Joint Groundwater
Replenishment System Steering Committee Minutes for the meeting held
on May 12, 2008 , to be filed.
Director Nguyen abstained.
NON-CONSENT CALENDAR
12. MOVED, SECONDED AND DUL Y CARRIED: a) Approve Plans and
Specifications and Addendum Nos. 1, 2, 3, 4, 5 and 6 for Headworks
Rehabilitation/Refurbishment, Job No. P1-71;
b) Receive and file bid tabulation and recommendation;
c) Award a construction contract to Helix Electric, Inc. for Headworks
Rehabilitation/Refurbishment, Job No. P 1-71 , for a total amount not to exceed
$3,645,000; and,
d) Approve a contingency of $291,600 (8 %).
13. Ordinance No. OCSD-38 , An Ordinance of the Board of Directors of
Orange County Sanitation District, Establishing Local Sanitary Sewer
Service Charges:
OPEN PUBL IC HEARING: General Counsel declared the public hearing opened
at 7:22 p.m.
Minutes of Board Meeting
06/25/08
Page 9
MOVED, SECONDED AND DUL Y CARRIED: Receive and file 119 written
comments in opposition to the sewer service charges.
Director of Finance and Administration, Lorenzo Tyner, provided a brief overview
of the proposed ordinance which would establish local sanitary sewer service
charges in areas located in the City of Tustin and unincorporated areas north of
the City of Tustin, which have in the past been subsidized by regional sewer fee
ratepayers.
PUBL IC COMMENTS: Ms. Monalee Marquis of the city of Tustin stated her
opposition to the new sewer service fee.
CL OSE PUBL IC HEARING: General Counsel declared the public hearing closed
at 7:29 p.m.
MOVED, SECONDED AND DUL Y CARRIED: Read Ordinance No. OCSD-38 by
title only and waive reading of said entire ordinance.
Directors Dumitru and Nguyen opposed.
MOVED, SECONDED AND DUL Y CARRIED: Adopt Ordinance No. OCSD-38 .
Ayes: Charles Antos; Don Bankhead; David Benavidez; Larry Crandall;
Bill Dalton; Rose Espinoza; Jim Ferryman; Rich Freschi; Don
Hansen; Patsy Marshall; Darryl Miller; Roy Moore; Joy
Neugebauer; Catherine Driscoll; David Shawver; Christina Shea;
Constance Underhill; Mark Waldman; Don Webb; Jim Winder
Nays: Doug Davert; Jon Dumitru; Phil Luebben; Janet Nguyen;
Harry Sidhu
Abstention: None
Absent: None
14. MOVED, SECONDED AND DUL Y CARRIED: Adopt Resolution No. OCSD
08 -10, directing the County Tax Collector-Treasurer to include local sanitary
sewer service charges on the 2008 -09 through 2012-13 property tax bills.
ADJOURNMENT: The Chair declared the meeting adjourned at 7:38 p.m.
Clerk of the Board
Orange County Sanitation District
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