HomeMy WebLinkAbout04-28-2010 Board Meeting MinutesOrange County Sanitation District
MINUTES
BOARD MEETING
April 28, 2010
ADMINISTRATIVE OFFICES
10844 ELLIS AVENUE
FOUNTAIN VALLEY, CALIFORNIA 92708-7018
Minutes of Board Meeting
04/28/10
Page 2
ROLL CALL
A regular meeting of the Board of Directors of the Orange County Sanitation District
was held on April 28, 2010 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 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 Bill Dalton Andrew Do
Jon Dumitru x Denis Bilodeau
x Troy Edgar Ken Stephens
x James M. Ferryman Bob Ooten
x Cathy Green Jill Hardy
x Phil Luebben Prakash Narain
x Patsy Marshall Fred Smith
x Roy Moore Ron Garcia
x Joy Neugebauer Al Krippner
x Janet Nguyen VACANT
x Sharon Quirk-Silva Pam Keller
x Brad Reese Bill Mac Aloney
x David Shawver Carol Warren
x Christina Shea Steven Choi
A Harry Sidhu Lucille Kring
x Sal Tinajero David Benavides
x Constance Underhill Scott Nelson
x Mark Waldman Henry Charoen
Don Webb x Nancy Gardner
x John Withers Douglas Reinhart
STAFF MEMBERS PRESENT: Jim Ruth, General Manager; Bob Ghirelli, Assistant
General Manager; Lilia Kovac, Associate Clerk of the Board; Nick Arhontes; Jim
Herberg; Ed Torres; Lorenzo Tyner; Jim Burror; Michael Gold; Norbert Gaia; Jeff
Reed; Juanita Skillman; Ryal Wheeler; Paula Zeller
Minutes of Board Meeting
04/28/10
Page 3
OTHERS PRESENT: Brad Hagin, General Counsel; Alternate Director Bob Ooten;
Gino Rapagna; Drew Kolosky; Mike Moore
PUBLIC COMMENTS
There were none.
REPORT OF THE CHAIR
Chair Davert reviewed the meeting schedule for May, and acknowledged Nick
Arhontes, who presented an award to Dave Usher for his outstanding service as
founder and dedicated member of OCSD's Medical team.
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 03/15/10 03/31/10
Totals $13, 178,612.53 $23,945,395.05
Alternate Director Bilodeau abstained from discussion and voting on warrant number
29455; Director Nguyen abstained from discussion and voting on all warrants.
Abstentions were pursuant to California Government Code Section 84308.
CONSENT CALENDAR
2. MOVED, SECONDED AND DULY CARRIED: Approve the minutes for the
regular meeting held on March 24, 2010.
Alternate Director Bilodeau abstained.
3. MOVED, SECONDED AND DULY CARRIED: Approve Agreement with the
City of Fountain Valley for Permitting Improvements of the Orange County
Sanitation District within the City of Fountain Valley, in a form approved by
General Counsel.
Minutes of Board Meeting
04/28/10
Page4
STEERING COMMITTEE
Chair Davert briefly reported on the Honor Walk ceremony and on the 2010
Innovative Vision Award presented by SAWPA at the Water Conference, accepted
by Jim Ferryman on behalf of the Sanitation District.
4. MOVED, SECONDED AND DULY CARRIED: Order Steering Committee
Minutes for the regular meeting held on March 24, 2010 to be filed.
5. MOVED, SECONDED AND DULY CARRIED: Approve the Irvine Ranch
Water District (IRWD) (As Successor to County Sanitation District No. 14)
Solids Agreement transferring IRWD solids to the OCSD Wastewater System
and reimbursing OCSD for its costs, in a form approved by General Counsel.
OPERATIONS COMMITTEE
6. MOVED, SECONDED AND DULY CARRIED: Approve the revised minutes
of the April 7, 2010 Operations Committee meeting.
7. MOVED, SECONDED AND DULY CARRIED: a) Approve Change Order No.
2 to Purchase Order No. 103530-0B issued to Jamison Engineering
Contractors, Inc. for On-Call Contractor Support Services, Specification No.
CS-2009-403BD, for the period July 1, 2009 through June 30, 2010,
authorizing an additional amount of $97,957.33, increasing the total annual
amount not to exceed $350,000;
b) Approve Change Order No. 3 to Purchase Order No. 103530-0B issued to
Jamison Engineering Contractors, Inc. for On-Call Contractor Support
Services, Specification No. CS-2009-403BD, for the period July 1, 2010
through June 30, 2011, authorizing an additional amount of $247,957.33,
increasing the total annual amount not to exceed $500,000.00; and,
c) Approve a contingency for the period July 1, 2010 through June 30, 2011,
of $50,000 (10%).
8. MOVED, SECONDED AND DULY CARRIED: a) Approve plans and
specifications for the P1 Outfall Pipeline Disconnects at Scrubber Overflow,
Project No. FE03-42, on file at the office of the Clerk of the Board;
b) Receive and file bid tabulation and recommendation;
c) Reject low bid from Mike Prlich and Sons, Inc. as "Non Responsive" due to
its failure to provide required OSHA 300/300A Logs and Summaries.
Minutes of Board Meeting
04/28/10
Page 5
d) Award a Construction Contract to Engineering/Remediation Resources
Group, Inc. for P1 Outfall Pipeline Disconnects at Scrubber Overflow, Project
No. FE03-42, for a total amount not to exceed $93, 730; and,
e) Approve a contingency of $23,430 (25%).
9. MOVED, SECONDED AND DULY CARRIED: Approve a contingency
increase of $76,050 (23%) to the Professional Design Services Agreement
with MVA Architects, Inc. for North County Collections Yard, Contract No. 15-
04, providing for design services for a total contingency of $125,648 (38% ).
10. MOVED, SECONDED AND DULY CARRIED: a) Approve Amendment No. 3
to the Professional Services Agreement with Tetra Tech, Inc., providing for
additional engineering services for Gisler-Redhill Trunk Improvements, Reach
B, Contract No. 7-37, for an additional amount of $350,000, increasing the
total amount not to exceed $905,779; and,
b) Approve a contingency of $45,289 (5% ).
11. MOVED, SECONDED AND DULY CARRIED: Approve a contingency
increase of $84,000 (6%) to the construction contract with Colich and Sons,
Inc., for Bayside Drive Improvement, Contract No. 5-61, for a total
contingency of $168,000 (12%).
ADMINISTRATION COMMITTEE
12. MOVED, SECONDED AND DULY CARRIED: Approve minutes of the April
14, 2010, meeting of the Administration Committee, as corrected.
13. MOVED, SECONDED AND DULY CARRIED: Adopt Resolution No. OCSD
10-05, a Resolution of the Board of Directors of the Orange County Sanitation
District authorizing the execution and delivery by the District of an Installment
Purchase Agreement, Trust Agreement, and Continuing Disclosure
Agreement in connection with the execution and delivery of Orange County
Sanitation District Certificates of Participation to be referred to as Wastewater
Revenue Obligations -Series 201 OA, authorizing the execution and delivery
of such Revenue Obligations in an aggregate amount of not to exceed
$80,000,000, approving a Notice of Intention to Sell, authorizing the
distribution of an Official Notice Inviting Bids and an Official Statement in
connection with the offering and sale of such Revenue Obligations, and
authorizing the execution and delivery of necessary documents and related
actions.
Minutes of Board Meeting
04/28/10
Page 6
GWRS SYSTEM STEERING COMMITTEE
14. Vice Chair Crandall briefly reported the status of the Groundwater and the
completion of the working agreement with OCSD.
MOVED, SECONDED AND DULY CARRIED: Verbal report of the Joint
Groundwater Replenishment System Steering Committee meeting held on
April 12, 2010.
NON-CONSENT CALENDAR
15. MOVED, SECONDED AND DULY CARRIED: Approve Amended Joint
Exercise of Powers Agreement for the Development, Operation, and
Maintenance of the Groundwater Replenishment System and Green Acres
Project.
16. MOVED, SECONDED AND DULY CARRIED: Ordinance No. OCSD-40, An
Ordinance of the Board of Directors of the Orange County Sanitation District
Establishing Capital Facilities Capacity Charges; Adopting Miscellaneous
Charges and Fees Relating to Industrial Charges, Source Control Permittees
and Wastehaulers; and Repealing Ordinance No. OCSD-36:
a. Read Ordinance No. OCSD-40 by title only and waive reading of said
entire ordinance.
b. Introduce Ordinance No. OCSD-40 and pass to second reading and public
hearing on May 26, 2010.
Director Bilodeau abstained. Directors Anderson, Marshall, Nguyen, Reese and
Underhill opposed.
Chair Davert declared a recess of the Board of Directors of the Orange County
Sanitation District at 7:00 p.m.
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Minutes of Board Meeting
04/28/10
Page 7
ORANGE COUNTY SANITATION DISTRICT FINANCING CORPORATION
A regular meeting of the Board of Directors of the Orange County Sanitation District
Financing Corporation was held on April 28, 2010 at 7:01 p.m., in the Administrative
Offices. The roll was called and the Clerk of the Board reported a quorum present
as follows:
ACTIVE DIRECTORS ALTERNATE DIRECTORS
x Doug Davert, Chair John Nielson
A Larry Crandall, Vice Chair Steve Nagel
x John Anderson Jim Winder
x Charles Antos Gordon Shanks
x Tom Beamish Rose Espinoza
x Bill Dalton Andrew Do
Jon Dumitru x Denis Bilodeau
x Troy Edgar Ken Stephens
x James M. Ferryman Bob Ooten
x Cathy Green Jill Hardy
x Phil Luebben Prakash Narain
x Patsy Marshall Fred Smith
x Roy Moore Ron Garcia
x Joy Neugebauer Al Krippner
x Janet Nguyen VACANT
x Sharon Quirk-Silva Pam Keller
x Brad Reese Bill Mac Aloney
x David Shawver Carol Warren
x Christina Shea Steven Choi
A Harry Sidhu Lucille Kring
x Sal Tinajero David Benavides
x Constance Underhill Scott Nelson
x Mark Waldman Henry Charoen
Don Webb x Nancy Gardner
x John Withers Douglas Reinhart
STAFF MEMBERS PRESENT: Jim Ruth, General Manager; Bob Ghirelli, Assistant
General Manager; Lilia Kovac, Associate Clerk of the Board; Nick Arhontes; Jim
Herberg; Ed Torres; Lorenzo Tyner; Jim Burror; Michael Gold; Norbert Gaia; Jeff
Reed; Juanita Skillman; Ryal Wheeler; Paula Zeller
OTHERS PRESENT: Brad Hagin, General Counsel
Minutes of Board Meeting
04/28/10
Page 8
17. b. MOVED, SECONDED AND DULY CARRIED: Approve the minutes for
the meeting held on October 28, 2009.
c. Lorenzo Tyner, Director of Finance, repor ted that the Financing
Corporation would need to adopt Resolution No. FC-11 in order to
proceed with the Refunding Certificates of Participation referred to as,
Wastewater Revenue Obligations-Series 2010A, for an amount not to
exceed $80,000,000.
d. Adopt Resolution No. FC-11, Authorizing the Execution and Delivery by
the Corporation of an Installment Purchase Agreement, Trust Agreement,
and Continuing Disclosure Agreement in Connection with the Execution
and Delivery of Orange County Sanitation District Refunding Certificates
of Participation to be referred to as Wastewater Revenue Obligations
Series 201 OA, authorizing the Execution and Delivery of Such Revenue
Obligations in an Aggregate Amount of Not to Exceed $80,000,000,
approving a Notice of Intention to Sell, authorizing the distribution of an
Official Notice Inviting Bids, and an Official Statement in connection with
the offering and sale of such Revenue Obligations, and authorizing the
execution and delivery of necessary documents and related actions.
Adjournment: The Chair declared the meeting of the Orange County Sanitation
District Financing Corporation adjourned at 7:04 p.m.
* * * * * * * * * * * * * * * * * * * * *
RECONVENE IN REGULAR SESSION: The Board of Directors of the Orange
County Sanitation District reconvened in regular session at 7:05 p.m.
CLOSED SESSION
There was no closed session.
ADJOURNMENT: The Chair declared the meeting adjourned at 7:06p.m.
L11ia ovac
Associate Clerk of the Board
Orange County Sanitation District