The URL can be used to link to this page

Home My WebLink About10-28-2009 Board Minutes Orange County Sanitation District MINUTES BOARD MEETING October 28, 2009 ADMINISTRATIVE OFFICES 10844 ELLIS AVENUE FOUNTAIN VALLEY, CALIFORNIA 92708-7018 Minutes of Board Meeting 10/28/09 Page 2 ROLL CALL A regular meeting of the Board of Directors of the Orange County Sanitation District was held on October 28, 2009 at 6:30 p.m., in the Administrative Offices. Following the Pledge of Allegiance and invocation, the roll was called and the Associate Clerk of the Board reported a quorum present as follows: ACTIVE DIRECTORS ALTERNATE DIRECTORS X Doug Davert, Chair John Nielson X Larry Crandall, Vice Chair Steve Nagel X John Anderson Jim Winder X Charles Antos Gordon Shanks X Tom Beamish Rose Espinoza X Keith Bohr Don Hansen X Bill Dalton Andrew Do A Jon Dumitru Denis Bilodeau X Troy Edgar Ken Stephens X James M. Ferryman Bob Ooten X Phil Luebben Prakash Narain X Patsy Marshall Fred Smith X Roy Moore Ron Garcia X Joy Neugebauer Al Krippner Chris Norby X Janet Nguyen X Sharon Quirk-Silva Pam Keller X Brad Reese Bill Mac Aloney A David Shawver Carol Warren X Christina Shea Steven Choi X Harry Sidhu Lucille Kring Sal Tinajero X David Benavides X Constance Underhill Joseph Aguirre X Mark Waldman Henry Charoen A Don Webb Leslie Daigle A John Withers Douglas Reinhart STAFF MEMBERS PRESENT: Jim Ruth, General Manager; Lilia Kovac, Associate Clerk of the Board, Nick Arhontes; Bob Ghirelli; Jim Herberg; Ed Torres; Lorenzo Tyner; Rich Castillon; Marty England; Dean Fisher; Norbert Gaia; Michael Gold; Mike McCarthy; Ryal Wheeler; Paula Zeller OTHERS PRESENT: Brad Hogin, General Counsel; Al Krippner; Drew Kolosky; Mitch Cochran Minutes of Board Meeting 10/28/09 Page 3 PUBLIC COMMENTS There were no comments. REPORT OF THE CHAIR Board Chair, Doug Davert, announced a 30-year service award to Mike McCarthy; reviewed the meeting schedule for the month of November; and referred to the letter of appreciation from Assemblyman Chuck DeVore for the Sanitation District’s year-end review brochure. REPORT OF THE GENERAL MANAGER General Manager, Jim Ruth, provided a brief overview of the status of the GWRS System expansion; progress on IRWD agreement; and SAWPA negotiations. Michael Gold, Public Affairs Manager, reported on the recent trip to Washington, D.C. in efforts to secure federal funding for the SARI relocation, clean energy projects, secondary treatment and infrastructure upgrades. REPORT OF THE GENERAL COUNSEL General Counsel, Brad Hogin, did not give a report. RATIFICATION OF PAYMENT OF CLAIMS 1. MOVED, SECONDED AND DULY CARRIED: Ratify payment of claims, as set forth on Exhibits “A” and “B”, attached hereto and made a part of these minutes. ALL DISTRICTS 09/15/09 09/30/09 Totals $16,611,878.16 $30,915,786.47 Director Crandall abstained from discussion and voting on Warrant No. 24470. Directors Nguyen, Shea, Sidhu and Benavides abstained from discussion and voting on all warrants. Abstentions were pursuant to California Government Code Section 84308. CONSENT CALENDAR (2 - 3) 2. MOVED, SECONDED AND DULY CARRIED: Approve and file the minutes for the regular meeting held on September 23, 2009. Directors Neugebauer and Nguyen abstained from voting on approval of minutes. Minutes of Board Meeting 10/28/09 Page 4 3. MOVED, SECONDED AND DULY CARRIED: Approve the Access Agreement for Operation of a Hydrogen Fueling Station and Fuel Cell Related Research Activities, with the University of California, Irvine, in connection with Fuel Cell Hydrogen Gas Generation, Project No. SP-134, in a form approved by General Counsel. STEERING COMMITTEE (4) Chair Davert briefly reported that the Steering Committee toured the North County Yard facility to look at options how it will fit into the District’s program and needs. 4. MOVED, SECONDED AND DULY CARRIED: Order Steering Committee Minutes for the regular meeting held on September 23, 2009 to be filed. OPERATIONS COMMITTEE (5 – 9) 5. MOVED, SECONDED AND DULY CARRIED: Order Operations Committee minutes for the meeting held on October 7, 2009 to be filed. Director Nguyen abstained from voting on approval of minutes. 6. MOVED, SECONDED AND DULY CARRIED: a) Establish a budget for Chemical Scrubber Conversions and Piping System Improvements, Project No. P2-106, in an amount of $3,261,000; and, b) Authorize the General Manager to negotiate a Professional Design Services Agreement with Dudek, Inc. for design and construction support services for Chemical Scrubber Conversions and Piping System Improvements, Project No. P2- 106. 7. MOVED, SECONDED AND DULY CARRIED: Approve a contingency increase of $277,172 (1%) to the Construction Contract with J. F. Shea Inc., for Ellis Avenue Pump Station Construction, Contract No. I-10B, for a total contingency of $1,663,034 (6%). 8. MOVED, SECONDED AND DULY CARRIED: Approve the Memorandum of Understanding with South Orange County Wastewater Authority (SOCWA) to accept hauled waste from the SOCWA service area, in a form approved by General Counsel. 9. MOVED, SECONDED AND DULY CARRIED: Approve Change Order No. 8 to Purchase Order No. 102354 OB for Purchase of Ferric Chloride, Specification No. C- 2005-247, issued to Kemira Water at a unit price of $673.02 per dry ton delivered, plus applicable tax, indexed to Iron Age Black Foundry Busheling benchmark of $635/ton and a pricing correction factor of 34% of the difference of the benchmark and index on a quarterly basis, for an estimated annual contract amount of $5,050,000 for the period December 1, 2009 through November 30, 2010. Minutes of Board Meeting 10/28/09 Page 5 ADMINISTRATION COMMITTEE (10 - 12) 10. MOVED, SECONDED AND DULY CARRIED: Order Administration Committee minutes for the regular meeting held on October 14, 2009 to be filed. Director Nguyen abstained from voting on approval of minutes. 11. MOVED, SECONDED AND DULY CARRIED: a) Authorize the General Manager to enroll the Orange County Sanitation District in the Proposition 1A Securitization Program, managed by the California Statewide Communities Development Authority, for the immediate collection of the 8 Percent State Budget Reduction of Local Property Tax Revenues estimated to be $5 million, in a form approved by General Counsel; and, b) Adopt Resolution No. OCSD No. 09-15, Approving the Form of and Authorizing the Execution and Delivery of a Purchase and Sale Agreement and related documents with respect to the sale of the Seller’s Proposition 1A Receivable from the State; and, Directing and Authorizing certain actions in connection therewith. 12. MOVED, SECONDED AND DULY CARRIED: a) Adopt Resolution No. OCSD 09- 16, Authorizing the Execution and Delivery by the District of an Installment Purchase Agreement, a Trust Agreement, and a Continuing Disclosure Agreement in connection with the execution and delivery of Orange County Sanitation District Revenue Refunding Certificate Anticipation Notes, Series 2009B, such Notes Evidencing Principal in an Aggregate Amount of Not to Exceed $181,000,000, 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; and, b) That the Orange County Sanitation District Financing Corporation approve the documents supporting and authorizing the Revenue Refunding Certificate Anticipation Notes, Series 2009B in an amount not to exceed $181,000,000. GWR SYSTEM STEERING COMMITTEE (13) 13. MOVED, SECONDED AND DULY CARRIED: Approve Joint Groundwater Replenishment System Steering Committee minutes for the meeting held on September 14, 2009, to be filed. Director Nguyen abstained from voting on approval of minutes. NON-CONSENT CALENDAR (14) 14. MOVED, SECONDED AND DULY CARRIED: a) Authorize the General Manager to competitively bid and subsequently award a facility repair contract to the lowest responsive and responsible bidder for the Plant No. 2 Primary Clarifier Sweep Mechanism Repairs, Project No. FE09-03-R, for an amount not to exceed $1,400,000, and, Minutes of Board Meeting 10/28/09 Page 6 b) Approve a contingency of $280,000 (20%). Chair Davert declared a recess of the Board of Directors of the Orange County Sanitation District at 6:55 p.m. * * * * * * * * * * * FINANCING CORPORATION (15) Roll Call A regular meeting of the Board of Directors of the Orange County Sanitation District Financing Corporation was held on October 28, 2009 at 6:55 p.m. in the Administrative Offices. The roll was called and the Associate Clerk of the Board reported a quorum present as follows: ACTIVE DIRECTORS ALTERNATE DIRECTORS X Doug Davert, Chair John Nielson X Larry Crandall, Vice Chair Steve Nagel X John Anderson Jim Winder X Charles Antos Gordon Shanks X Tom Beamish Rose Espinoza X Keith Bohr Don Hansen X Bill Dalton Andrew Do A Jon Dumitru Denis Bilodeau X Troy Edgar Ken Stephens X James M. Ferryman Bob Ooten X Phil Luebben Prakash Narain X Patsy Marshall Fred Smith X Roy Moore Ron Garcia X Joy Neugebauer Al Krippner Chris Norby X Janet Nguyen X Sharon Quirk-Silva Pam Keller X Brad Reese Bill MacAloney A David Shawver Carol Warren X Christina Shea Steven Choi X Harry Sidhu Lucille Kring Sal Tinajero X David Benavides X Constance Underhill Joseph Aguirre X Mark Waldman Henry Charoen A Don Webb Leslie Daigle A John Withers Douglas Reinhart Minutes of Board Meeting 10/28/09 Page? STAFF MEMBERS PRESENT: Jim Ruth, General Manager; Lilia Kovac, Associate Clerk of the Board; Nick Arhontes; Bob Ghirelli; Jim Herberg; Ed Torres; Lorenzo Tyner; Marty England; Dean Fisher; Norbert Gaia; Michael Gold; Ryal Wheeler; Paula Zeller OTHERS PRESENT: Brad Hogin, General Counsel b. MOVED, SECONDED AND DULY CARRIED: Approve the minutes for the meeting held on November 19, 2008. c. Lorenzo Tyner, Director of Finance, reported that the Financing Corporation would need to adopt Resolution No. FC-1 0 in order to proceed with the issuance of Certificates of Participation, Series 20098, for an amount not to exceed $181,000,000. d. MOVED, SECONDED AND DULY CARRIED: Adopt Resolution No. FC-10, Authorizing the Execution and Delivery by the District of an Installment Purchase Agreement, a Trust Agreement, and a Continuing Disclosure Agreement in connection with the execution and delivery of Orange County Sanitation District Revenue Refunding Certificate Anticipation Notes, Series 2009B, such Notes Evidencing Principal in an Aggregate Amount of Not to Exceed $181,000,000, 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. ADJOURNMENT: The Chair declared the meeting of the Orange County Sanitation District Financing Corporation adjourned at 6:58 p.m. RECONVENE IN REGULAR SESSION: The Board of Directors of the Orange County Sanitation District reconvened in regular session at 6:58 p.m. CLOSED SESSION There was no closed session. ADJOURNMENT: The Chair declared the meeting adjourned at 7:00 p.m. Lilia Kovac Associate Clerk of the Board Orange County Sanitation District