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HomeMy WebLinkAbout10-27-2010 Minutes10/27/10 Orange County Sanitation District MINUTES BOARD MEETING October 27, 2010 Administration Building 10844 Ellis Avenue Fountain Valley, California 92708-7018 Minutes of Board Meeting Page 1 of 10 ROLL CALL A regular meeting of the Board of Directors of the Orange County Sanitation District was held on October 27, 2010, at 6:30 p.m., in the Administration Building. 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 Larry Crandall, Chair Steve Nagel x Troy Edgar, Vice Chair Ken Stephens x John Anderson Jim Winder x Charles Antos Gordon Shanks x Tom Beamish Rose Espinoza x Bill Dalton Andrew Do x Doug Davert John Nielsen Jon Dumitru x Denis Bilodeau 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 x Harry Sidhu Lucille Kring x Sal Tinajero David Benavides x Constance Underhill Scott Nelson x Mark Waldman Henry Charoen x Don Webb Nancy Gardner A John Withers Douglas Reinhart STAFF MEMBERS PRESENT: Jim Ruth, General Manager; Bob Ghirelli, Assistant General Manager; Donna Terrones, Clerk of the Board; Lilia Kovac, Associate Clerk of the Board; Nick Arhontes, Director of Facilities Support Services Department; Jim Herberg, Director of Engineering; Ed Torres, Director of Operations & Maintenance; Lorenzo Tyner, Director of Finance & Administrative Services; Cindi Ambrose; Wes Bauer; Rich Castillon; Michael Gold; Ed Lester; Juanita Skillman; Ryal Wheeler; and Paula Zeller. OTHERS PRESENT: Brad Hagin, General Counsel; Dan Calkins; Paul Cooley; Dan Duncan; Drew Kolosky; Tram Tran; Michael Moore; and Al Shaikh. 10/27/10 Minutes of Board Meeting Page 2 of 10 PUBLIC COMMENTS: None REPORTS: Board Chair Crandall, reviewed the meeting schedule; announced the November 10, 2010 Administration Committee Meeting has been cancelled; reported on the WEFTEC conference he attended; a tour given by Encina Wastewater Authority to view their Biosolids Dryer System; also present were Committee Members Troy Edgar and Doug Davert; and recognized OCSD's Volunteer Incentive Program winners Charlie McGee and Ryal Wheeler. Ed Torres Director of Operations & Maintenance presented a service award to Ed Lester for 20 years of service. Lorenzo Tyner Director of Finance & Administrative Services presented a service award to Rich Castillon for 20 years of service. CLAIMS: MOVED, SECONDED, AND DULY CARRIED, the Board of Directors: 1. Ratified payment of claims of the District. Claims Paid for the Period Ending 08/15/10 08/31/10 Totals $7,856,272.98 $12,893,258.24 2. Ratified payment of claims of the District: Claims Paid for the Period Ending 09/15/10 09/30/10 Totals $12,428,370.85 $15,615,621.04 Directors Bilodeau, Green, Marshall, Nguyen, and Sidhu abstained. CONSENT CALENDAR: MOVED, SECONDED, AND DULY CARRIED, the Board of Directors: 3. Approved Minutes for the regular meeting held on September 22, 2010. 4. A. Approved Plans and Specifications for P1 Transformer Busway Upgrades, Project No. FE07-22, on file at the office of the Clerk of the Board; B. Approved Addendum No. 1 to the plans and specifications; C. Received and approved filing bid tabulation and recommendation; 10/27/10 Minutes of Board Meeting Page 3of10 CONSENT CALENDAR: (cont'd) D. Awarded a construction contract to Tamang Electric, Inc. for P1 Transformer Busway Upgrades, Project No. FE07-22, for an amount not to exceed $398,880; and E. Approved a contingency of $79,776 (20%). 5. Approved an Agreement with the City of Anaheim to operate and maintain a Water Recycling Demonstration Project (with a Class 1 Permit and Special Conditions) within the City boundaries and to divert wastewater from the collection system for this project. 6. Approved Amendments 4 through 11 Amending Membership to Add or Withdraw Members to the Joint Exercise of Powers Agreement for National Water Research Institute (NWRI). 7. A Ratified use of the General Manager's purchasing authority, Purchasing Resolution No. OCSD 07-04, Delegation of Authority, Section 3.09, increasing the contingency amount by $40,000 (6%) for emergency services and repairs to Plant No. 1 Sunflower Pump Station Auger and Trough Rehabilitation, Project No. FE08-14-R, Purchase Order No. 103956-0B to Abhe & Svoboda, Inc., for a total contingency amount of $165,000 (26%); and B. Approved additional contingency of $40,000 (6%) for a total contingency amount of $205,000 (33%). STEERING COMMITTEE: Board Chair Crandall reported that the Committee Members had received a verbal update on legislation and grants; approved the minutes; and met in closed session. MOVED, SECONDED, AND DULY CARRIED, the Board of Directors: 8. Ordered Steering Committee Minutes for the regular meeting held September 22, 2010, to be filed. OPERATIONS COMMITTEE: MOVED, SECONDED, AND DULY CARRIED, the Board of Directors: Items 11 and 13 pulled for discussion. 9. Approved Minutes of the October 6, 2010, Operations Committee meeting. 10. Adopted Resolution No. OCSD 10-17, Adopting Updated Orange County Sanitation District Procedures for Implementing the California Environmental Quality Act (CEQA); and Repealed Resolution No. OCSD 97-05. 10/27/10 Minutes of Board Meeting Page 4of10 OPERATIONS COMMITTEE: (cont'd) 11. Item pulled for discussion. 12. A. Approved Plans and Specifications for the P2 Plant Water Pump Station Variable Frequency Drive Upgrade, Project No. FE07-11, on file at the office of the Clerk of the Board; and, B. Approved Addendum Nos. 1 and 2 to the plans and specifications; C. Received and approved filing bid tabulation and recommendation; D. Awarded a construction contract to Mass Electric Construction Company for P2 Plant Water Pump Station Variable Frequency Drive Upgrade, Project No. FE07-11, for an amount not to exceed $587,800; and E. Approved a contingency of $88, 170 (15%). 13. Item pulled for discussion. 14. Approved a contingency increase of $1,922,961 (1 %) to the construction contract with J.F. Shea Construction, Inc. for Headworks Improvements at Plant No. 2, Job No. P2-66, for a total contingency of $6,730,363 (3.5%). 15. A. Approved a budget increase of $385,000 for Rehabilitation of Westside Pump Station, Contract No. 3-52, for a total budget amount of $12,053,000; and B. Approved a contingency increase of $147, 125 (2.5%) to the construction contract with Norm A. Olsson Construction, Inc., for Rehabilitation of Westside Pump Station, Contract No. 3-52, for a total contingency of $735,625 (12.5%). NON-CONSENT: When staff was asked why a sole source for ferric chloride, it was reported that Kemira Water is the only supplier capable of providing the required volume. It was then, MOVED, SECONDED, AND DULY CARRIED, the Board of Directors: 11. Authorized the General Manager to approve and award a Sole Source Negotiation Contract for Ferric Chloride, Specification No. C-2010-466, to Kemira Water, at a unit price of $585.00 per dry ton delivered, plus tax, indexed to Iron Age Black Foundry Busheling benchmark of $385/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 not to exceed $5,618,900 for the period December 1, 2010 through November 30, 2011 with four (4) additional one-year renewal options. 10/27/10 Minutes of Board Meeting Page 5 of 10 NON-CONSENT: (cont'd) When staff was asked about the amounts needed for contingencies, it was reported that the contingencies prove to be a more efficient way of managing and controlling construction costs. It was then, MOVED, SECONDED, AND DULY CARRIED, the Board of Directors: 13. A. Approved Plans and Specifications for the P1 Scrubbers 5 through 8 H202 Pump Replacements, Project No. FE07-18, on file at the office of the Clerk of the Board; B. Approved Addendum Nos. 1, 2, and 3 to the plans and specifications; C. Received and approved filing bid tabulation and recommendation; D. Awarded a construction contract to S. S. Mechanical Corporation for P1 Scrubbers 5 through 8 H202 Pump Replacements, Project No. FE07-18, for an amount not to exceed $279,000; and E. Approved a contingency of $41,850 (15%). ADMINISTRATION COMMITTEE: MOVED, SECONDED, AND DULY CARRIED, the Board of Directors: 16. Approved Minutes of the October 13, 2010, meeting of the Administration Committee. 17. Received and approved filing the report of reimbursements to Board Members and staff per Government Code 53065.5 for the period July 1, 2009 through June 30, 2010. 18. A. Adopted Resolution No. OCSD 10-18, Authorizing the Execution and 10/27/10 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 201 OB, such Notes Evidencing Principal in an Aggregate Amount of Not to Exceed $167,000,000, Approving a Notice of Intention to Sell, Authorizing the Distribution of a Notice Inviting Bids and 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, Minutes of Board Meeting Page 6of10 ADMINISTRATION COMMITTEE: (cont'd) B. The Orange County Sanitation District Financing Corporation approved the documents supporting and authorizing the Revenue Refunding Certificate Anticipation Notes, Series 2009B in an amount not to exceed $167,000,000. 19. A. Adopted Resolution No. OCSD 10-19, 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, a Trust Agreement, and a 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 OC, Authorizing the Execution and Delivery of such Revenue Obligations Evidencing Principal in an Aggregate Amount of Not to Exceed $157,000,000, 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; and, B. The Orange County Sanitation District Financing Corporation approved the documents supporting and authorizing the Revenue Obligations in an aggregate amount not to exceed $157,000,000. Recess by Board of Directors, Orange County Sanitation District. ********************* 10/27/10 Minutes of Board Meeting Page 7of10 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 October 27, 2010 at 6:30 p.m., in the Administration Building. The roll was called and the Clerk of the Board reported a quorum present as follows: ACTIVE DIRECTORS ALTERNATE DIRECTORS x Larry Crandall, Chair Steve Nagel x Troy Edgar, Vice Chair Ken Stephens x John Anderson Jim Winder x Charles Antos Gordon Shanks x Tom Beamish Rose Espinoza x Bill Dalton Andrew Do x Doug Davert John Nielsen Jon Dumitru x Denis Bilodeau 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 x Harry Sidhu Lucille Kring x Sal Tinajero David Benavides x Constance Underhill Scott Nelson x Mark Waldman Henry Charoen x Don Webb Nancy Gardner A John Withers Douglas Reinhart STAFF MEMBERS PRESENT: Jim Ruth, General Manager; Bob Ghirelli, Assistant General Manager; Donna Terrones, Clerk of the Board; Lilia Kovac, Associate Clerk of the Board; Nick Arhontes, Director of Facilities Support Services Department; Jim Herberg, Director of Engineering; Ed Torres, Director of Operations & Maintenance; and Lorenzo Tyner, Director of Finance & Administrative Services. OTHERS PRESENT: Brad Hogin, General Counsel 10/27/10 Minutes of Board Meeting Page 8of10 APPROVAL OF MINUTES: MOVED, SECONDED, AND DULY CARRIED, the Board of Directors: Approved the Minutes for the meeting held on July 28, 2010. ACTION ITEMS: MOVED, SECONDED, AND DULY CARRIED, the Board of Directors: 20. A. Adopted Resolution No. FC-13, 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 201 OB, such Notes Evidencing Principal in an Aggregate Amount of Not to Exceed $167,000,000, Approving a Notice of Intention to Sell, Authorizing the Distribution of a Notice Inviting Bids and 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. Approved the documents supporting and authorizing the Revenue Refunding Certificate Anticipation Notes, Series 2009B in an amount not to exceed $167,000,000. 21. A. Adopted Resolution No. FC-14, 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, a Trust Agreement, and a 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 2010C, Authorizing the Execution and Delivery of such Revenue Obligations Evidencing Principal in an Aggregate Amount of Not to Exceed $157,000,000, 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; and B. Approved the documents supporting and authorizing the Revenue Obligations in an aggregate amount not to exceed $157,000,000. ADJOURNMENT: The Chair declared the meeting of the Orange County Sanitation District Financing Corporation adjourned at 6:55 p.m. ****************** 10/27/10 Minutes of Board Meeting Page 9of10 RECONVENE IN REGULAR SESSION: The Board of Directors of the Orange County Sanitation District reconvened in regular session at 6:55 p.m. ********************* CLOSED SESSION: CONVENE IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS 54956.9(a), and 54956.9. The Board convened in closed session at 6:55 p.m. to discuss two matters. Confidential Minutes of the Closed Session have been prepared in accordance with Government Code Section 54954.5(f), 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 7:00 p.m. CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED SESSION: None OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS. IF ANY: MOVED, SECONDED, AND DULY CARRIED, the Board of Directors: 22. Approved Conflict of Waiver Disclosure and Consent Joint Representation of the District and the City of Tustin. Directors Anderson, Green, and Shea voted No. ADJOURNMENT: The Chair declared the meeting adjourned at 7:05 p.m. Do na N. Terrone C rk of the Board Orange County Sanitation District 10/27/10 Minutes of Board Meeting Page 10 of 10