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HomeMy WebLinkAbout11-19-2008 MinutesCorrected Orange County Sanitation District MINUTES BOARD MEETING November 19, 2008 ADMINISTRATIVE OFFICES 10844 ELLIS AVENUE FOUNTAIN VALLEY, CALIFORNIA 92708-7018 Minutes of Board Meeting 11/19/08 Page 2 ROLLCALL A regular meeting of the Board of Directors of the Orange County Sanitation District was held on November 19, 2008 at 6:30 p.m., in the 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 Doug Davert, Chair Jim Palmer X Larry Crandall, Vice Chair Gus Ayer X Charles Antos Gordon Shanks A Don Bankhead Sharon Quirk X Bill Dalton Steven Jones A Jon Dumitru Carolyn Cavecche X Rose Espinoza James Gomez X James M. Ferryman Bob Ooten 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 X Chris Norby Janet Nguyen X Ken Parker Catherine Driscoll X Brad Reese W. Richard Ulmer X David Shawver David Cadena X Christina Shea Steven Choi Harry Sidhu X Lucille Kring X Sal Tinajero David Benavides X Constance Underhill Joseph Aguirre X Mark Waldman Henry Charoen X Don Webb 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; Mark Esquer; Michael Gold; Randy Kleinman; Lilia Kovac; Jeff Reed; Larry Roberson; Simon Watson; Ryal Wheeler; Mike White; Rich Castillon; Emilio Ariston; Ed Pendleton; Tod Haynes Minutes of Board Meeting 11/19/08 Page 3 OTHERS PRESENT: Brad Hogin, General Counsel; Alternate Director AI Krippner; Drew Kolosky; Gino Rampagna; Ed Soong; Mitch Cochran PUBLIC COMMENTS There were no public comments. REPORT OF THE CHAIR Board Chair Doug Davert acknowledged Director of Operations and Maintenance, Nick Arhontes, who presented a 20-year Service Award to Emilio Ariston and a 25-year Service Award to Ed Pendleton. Mr. Arhontes also reported briefly on the recent North County fire, noting there was no damage sustained to the pump stations. Chair Davert then recognized Mitch Cochran of Municipal Information Systems Association of California (MISAC) who presented an award to the Information Technology Division for "Excellence in Information Technology Practices." Vice Chair Larry Crandall reported on his attendance and participation at the WEFTEC Conference in October, and unveiled the Sanitation District's Stockholm Award. Director Davert noted that Director Parker would be going off the board and announced the appointment of Director Dalton as Operations Committee Chair and Director Shawver as Committee Vice Chair. Director Shawver would also serve on the Steering Committee. REPORT OF THE GENERAL MANAGER General Manager, Jim Ruth, reported the Sanitation District continues to monitor the state fiscal crisis and its potential impact to the District; new Board members orientation workshop; status of the sale of Kern County property; and the SAWPA and IRWD operating agreement meetings. REPORT OF THE GENERAL COUNSEL Brad Hog in, General Counsel, reported that the Sanitation District joined Los Angeles County Sanitation Districts in filing a motion to intervene in a Federal case which challenges the South Coast Air Quality Management District (SCAQMD) to continue using internal offsets of emission exchanges. The case is scheduled to be heard December 11, 2008. Minutes of Board Meeting 11/19/08 Page 4 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 10/15/08 10/31/08 Totals $27,240,361.24 $11,874,779.57 Director Crandall abstained from discussion and voting on Warrant No. 15326. Director Dalton abstained from discussion and voting on Warrant No. 14377. Director Hansen abstained from discussion and voting on Warrant Nos. 14819, 15035, 15037, 15237, and 15326. Director Luebben abstained from discussion and voting on Warrant Nos. 148 14, 15173, 15399 and 15576. Director Parker abstained from discussion and voting on Warrant No. 15350. Director Shawver abstained from discussion and voting on Warrant Nos. 15435 and 15615. Director Shea abstained from discussion and voting on all warrants. Abstentions were pursuant to California Government Code Section 84308. CONSENT CALENDAR (2 -4} Consideration of motion to approve all agenda items appearing on the Consent Calendar not specifically removed from same, as follows: 2. MOVED, SECONDED AND DULY CARRIED: Approve the minutes for the regular meeting held on October 22, 2008, to be filed and deemed approved, as mailed. 3. a) MOVED, SECONDED AND DULY CARRIED: Approve Plans and Specifications for P1 Miscellaneous Buildings Office Improvements, Project No. FE07-08, on file at the office of the Clerk of the Board; b) Approve Addendum Nos. 1, 2, 3, 4, 5, and 6 to the plans and specifications; c) Receive and file bid tabulation and recommendation; d). Reject bid received from GTA Construction, Inc. in the amount of $635,000; e) Award a contract to A vi-Con, Inc., dba CA Construction, for P1 Miscellaneous Buildings Office Improvements, Project No. FE07 -08, for a total amount not to exceed $673,000; and, f) Approve a contingency of $100,950 (15%). Minutes of Board Meeting 11/19/08 Page 5 4. a) MOVED, SECONDED AND DULY CARRIED: Approve Plans and Specifications for the P1 Engineering Trailer File Room Improvements, Project No. FE0?-12, on file at the office of the Clerk of the Board; b) Approve Addendum Nos. 1 and 2 to the plans and specifications; c) Receive and file bid tabulation and recommendation; and, d) Reject all bids for P1 Engineering Trailer File Room Improvements, Project No. FE0?-12. STEERING COMMITTEE (5 -6) Chair Davert reported that the Steering Committee had briefly discussed and approved of 5- year Strategic Plan; the committee received a state and federal lobbyists update; and met in closed session on one item. 5. MOVED, SECONDED AND DULY CARRIED: Approve revised Steering Committee Minutes for the meeting held on October 22, 2008 to be filed. 6. a) MOVED, SECONDED AND DULY CARRIED: Approve the Five-Year Strategic Plan dated November 2008; and, b) Direct staff to implement the goals and strategies contained in the Plan. OPERATIONS COMMITTEE (7 -13) 7. a) MOVED, SECONDED AND DULY CARRIED: Approve Plans and Specifications for the Area 03 Manhole Access Improvements (3-54 ), Project No. FE07 -01, on file at the office of the Clerk of the Board; b) Approve Addendum No. 1 to the plans and specifications; c) Receive and file bid tabulation and recommendation; d) Reject bid received from Pacific Coast Infrastructure, for the amount of $260,200; e) Award a contract to Mike Bubalo Construction Co., Inc., for the construction of the manhole access improvements for an amount not to exceed $305,500; and, f) Approve a contingency of $106,925 (35%). 8. MOVED, SECONDED AND DULY CARRIED: Approve Operations Committee Minutes for the meeting held on November 5, 2008, to be filed. Director Patsy Marshall opposed. Minutes of Board Meeting 11/19/08 Page 6 9. MOVED, SECONDED AND DULY CARRIED: Approve an agreement with Costa Mesa Sanitary District (CMSD) transferring ownership and associated easement rights for six local sewers within the CMSD service area boundaries, in a form approved by General Counsel. 10. MOVED, SECONDED AND DULY CARRIED: Authorize the General Manager to execute Memoranda of Understanding Establishing A County-wide Area Spill Control Program with Orange County Flood Control District and cities or sanitary districts that own sanitary sewer collection facility pipelines within Orange County Sanitation District service area, in a form approved by General Counsel. 11. MOVED, SECONDED AND DULY CARRIED: Authorize staff to negotiate a Professional Consulting Services Agreement with Black & Veatch Corporation for construction support services for Central Generation Automation, Job No. J-79-1. 12. a) MOVED, SECONDED AND DULY CARRIED: Ratify Change Order No.1 to Purchase Order No. 1032610B (SSJ-2008-821), issued to U.S. Peroxide LLC, for the application of a proprietary chemical for the temporary unit gallon price increase for ferrous chloride from $1.25/gallon delivered, plus tax, to $1.75/gallon delivered, plus tax, for a total amount not to exceed $147,000,00, for the period of September 24, 2008, through October 6, 2008, due to a declared Force Majeure; b) Approve Change Order No.2 to Purchase Order No. 1032610B (SSJ-2008-821), issued to U.S. Peroxide LLC, for the application of a proprietary chemical for a unit gallon price increase for ferrous chloride from $1.25/gallon delivered, plus tax, to $1.75/gallon delivered, plus tax, for the contract period of December 1, 2008 through June 30, 2009; and, c) Authorize a 20% unit cost escalation contingency effective December 1, 2008. 13. a) MOVED, SECONDED AND DULY CARRIED: Approve a sole source Service Contract Agreement with Jamison Engineering for Plant 1 Headworks Splitter Box Channel Repairs, for an amount not to exceed $98,735.00; and, b) Approve a contingency of $19,747 (20%). ADMINISTRATION COMMITTEE (14 -17) 14. MOVED, SECONDED AND DULY CARRIED: Approve Administration Committee Minutes for the meeting held on November 12, 2008, to be filed. 15. MOVED, SECONDED AND DULY CARRIED: Approve the reclassification of four (4) OCSD positions affecting incumbents predicated on employees satisfying position qualifications and the indefinite and ongoing need to accomplish work at the higher level, and creation of a new classification providing for: a) Reclassification of two (2) Administrative Assistant positions PG 67 ($6, 185/month) to Contracts/Purchasing Assistant PG 67 ($6, 185/month) results in no change in pay; Minutes of Board Meeting 11/19/08 Page 7 b) Reclassification of a Senior EDM Specialist position PG 80 ($8, 121/month) to Senior Information Technology Analyst PG 83 ($8,743/month); c) 1. Reclassification of a Principal Information Technology Analyst position PG 87 ($1 0, 133/month) to Principal Project Controls Analyst PG 87 ($1 0, 133/month) results in no change in pay; and, 2. Creation of a new classification of Principal Project Controls Analyst with pay range placement at PG 87. 16. MOVED, SECONDED AND DULY CARRIED: Receive and file: a) Sanitation District's Comprehensive Annual Financial Report for the year ended June 30, 2008, prepared by staff and audited by Mayer Hoffman McCann, Certified Public Accountants; b) Report on Compliance and Internal Control for the year ended June 30, 2008; and, c) Independent Accountants' Report on Agreed-Upon Procedures Applied to Appropriations Limit Worksheets. 17. a) MOVED, SECONDED AND DULY CARRIED: Adopt Resolution No. OCSD 08- 20, Authorizing the Execution and Delivery by the District of one or more Installment Purchase Agreements, Trust Agreements, and Continuing Disclosure Agreements in connection with the execution and delivery of Orange County Sanitation District Certificates of Participation, Series 2009A, and if necessary, Series 2009B; Authorizing the Execution and Delivery of such Certificates Evidencing Principal in an Aggregate Amount of Not to Exceed $200,000,000, Approving the Distribution of one or more Official Notice Inviting Bids and Official Statements in Connection with the Offerings and Sales of such Certificates and Authorizing the Execution of Necessary Documents and Related Actions; b) Establish a true interest cost target rate of 4.75% with a maximum rate of 5.25%; and, c) Obtain final approval of the Board Chair and Administration Committee Chair prior to completing subject debt issuances. GWR SYSTEM STEERING COMMITTEE (18) 18. MOVED, SECONDED AND DULY CARRIED: Approve Joint Groundwater Replenishment System Steering Committee Minutes for the meeting held on October 13, 2008, to be filed. Minutes of Board Meeting 11/19/08 Page 8 NON-CONSENT CALENDAR 19. a) MOVED, SECONDED AND DULY CARRIED: Adopt Resolution No. OCSD 08-21, Adopting the Initial Study and Mitigated Negative Declaration for the Coyote Hills Golf Course Manhole Access and Odor Control Project, Contract No. FE08-04; b) Make Certain Findings Relating to Less than Significant Environmental Effects Identified in the Initial Study/Mitigated Negative Declaration; c) Adopt a Mitigation Monitoring and Reporting Program; d) Approve the Coyote Hills Golf Course Manhole Access and Odor Control Project, Contract No. FE08-04; and, e) Authorize the Filing of a Notice of Determination. 20. MO VED, SECONDED AND DULY CARRIED: Adopt Resolution No. OCSD 08-22, Authorizing the Execution and Delivery by the District of an Installment Purchase Agreement, a Trust Agreement, an Escrow Agreement, a Note Purchase Agreement, and a Continuing Disclosure Agreement in connection with the execution and delivery of Orange County Sanitation District Refunding Certificates of Participation, Series 2008 C (Certificate Anticipation Notes), such Notes Evidencing Principal in an Aggregate Amount of Not to Exceed $198,000,000, Approving an Official Statement in Connection with the Offering and Sale of such Notes and Authorizing the Execution of Other Necessary Documents and Related Actions. Chair Davert declared a recess of the Board of Directors of the Orange County Sanitation District at 7:14 p.m. ********* ROLLCALL A regular meeting of the Board of Directors of the Orange County Sanitation District Financing Corporation was held on November 19, 2008 at 7:14 p.m., in the Administrative Offices. The roll was called and the Clerk of the Board reported a quorum present as follows: Minutes of Board Meeting 11/19/08 Page 9 X X X A X A X A X X X X X X A X X X X A X X X X ACTIVE DIRECTORS ALTERNATE DIRECTORS Doug Davert, Chair Jim Palmer Larry Crandall, Vice Chair Gus Ayer Charles Antos Gordon Shanks Don Bankhead Sharon Quirk Bill Dalton Steven Jones Jon Dumitru Carolyn Cavecche Rose Espinoza James Gomez James M. Ferryman Bob Ooten Don Hansen Jill Hardy Phil Luebben Prakash Narain Patsy Marshall Jim Dow Darryl Miller Douglas Reinhart Roy Moore Ron Garcia Joy Neugebauer AI Krippner Chris Norby Janet Nguyen Ken Parker Catherine Driscoll Brad Reese W. Richard Ulmer David Shawver David Cadena Christina Shea Steven Choi Harry Sidhu X Lucille Kring Sal Tinajero David Benavides Constance Underhill Joseph Aguirre Mark Waldman Henry Charoen Don Webb Leslie Daigle Jim Winder John Anderson b. MOVED, SECONDED AND DULY CARRIED: Approve the minutes for the meetings held on November 28, 2007, May 14, 2008, and August 27, 2008. c. Lorenzo Tyner, Director of Finance, reported that the Financing Corporation would need to adopt the following resolutions in order to proceed with the issuance of Certificates of Participation, Series 2009A, and if necessary, Series 2009B, for an aggregate amount not to exceed $200,000,000, as well as issuing Certificate Anticipation Notes for a maximum period of 13 months at a reduced rate of 2%, until the market is stabilized. Minutes of Board Meeting 11/19/08 Page 10 d. MOVED, SECONDED AND DULY CARRIED: Adopt Resolution No. FC-08, Authorizing the Execution and Delivery by the Corporation of One or More Installment Purchase Agreements and One or More Trust Agreements in Connection with the Execution and Delivery of Orange County Sanitation District Certificates of Participation, Series 2009A, and if necessary, Series 2009B; Authorizing the Execution and Delivery of Such Certificates Evidencing Principal in an Aggregate Amount of Not to Exceed $200,000,000; and Authorizing the Execution of Necessary Documents and Related Actions. e. MOVED, SECONDED AND DULY CARRIED: Adopt Resolution No. FC- 09, Authorizing the Execution and Delivery by the Corporation of an Installment Purchase Agreement and a Trust Agreement in Connection with the Execution and Delivery of Orange County Sanitation District Refunding Certificates of Participation, Series 2008C (Certificate Anticipation Notes); Authorizing the Execution and Delivery of Such Notes Evidencing Principal in an Aggregate Amount of Not to Exceed $198,000,000; and Authorizing the Execution of Necessary Documents and Notes and Related Actions. ADJOURNMENT: The Chair declared the meeting of the Orange County Sanitation District Financing Corporation adjourned at 7:18 p.m. ******** RECONVENE IN REGULAR SESSION: The Board of Directors of the Orange County Sanitation District reconvened in regular session at 7:18 p.m. CONVENE IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a): The Board convened in closed session at 7:19 p.m. pursuant to Government Code Section 54956.8 to discuss one matter (Agenda Item No. 19). Confidential minutes of the Closed Session held by the Board of Directors have been prepared in accordance with California Government Code Section 54957.2 and are maintained by the Clerk of the Board in the official Book of Confidential Minutes of Board and Committee Closed Meetings. RECONVENE IN REGULAR SESSION: The Board reconvened in regular session at 7:25 p.m. ADJOURNMENT: The Chair declared the meeting adjourned at 7:26 p.m. Clerk of the Board Orange County Sanitation District