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Home My WebLink About01-28-2009 MinutesOrange County Sanitation District MINUTES BOARD MEETING January 28, 2009 ADMINISTRATIVE OFFICES 10844 ELLIS AVENUE FOUNTAIN VALLEY, CALIFORNIA 92708-7018 Minutes of Board Meeting 01/28/09 Page 2 ROLL CALL A regular meeting of the Board of Directors of the Orange County Sanitation District was held on January 28, 2009 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 Keith Bohr Don Hansen X Bill Dalton Steven Jones X 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 AI Krippner X Chris Norby Janet Nguyen X Sharon Quirk Pam Keller X Brad Reese Bill MacAioney X David Shawver Carol Warren X Christina Shea Steven Choi X Harry Sidhu Lucille Kring X Sal Tinajero David Benavides X Constance Underhill Joseph Aguirre X Mark Waldman Henry Charoen X Don Webb Leslie Daigle X John Withers Douglas Reinhart 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; Michael Gold; Norbert Gaia; Lilia Kovac; Jeff Reed; Rich Spencer; Ted Haynes; George Robertson; Mike Moore; Wesley Bauer; Bret Colson; Melissa Woodbridge OTHERS PRESENT: Brad Hogin, General Counsel; Don Bankhead; Darryl Miller; Heather Dion; Christopher Townsend; Eric Saperstein Minutes of Board Meeting 01/28/09 Page 3 MOVED, SECONDED AND DULY CARRIED: Receive and file minute excerpts of member agencies relating to appointment of Directors as follows: City/Agency Buena Park Fullerton La Palma Orange Placentia Stanton Tustin Villa Park Irvine Ranch Water District PUBLIC COMMENTS There were no public comments. REPORT OF THE CHAIR Active Director Patsy Marshall Sharon Quirk Mark Waldman Jon Dumitru Constance Underhill David Shawver Doug Davert Brad Reese John Withers Alternate Director Fred Smith Pam Keller Henry Charoen Denis Bilodeau Joseph Aguirre Carol Warren John Nielson Bill Mac Aloney Douglas Reinhart Doug Davert, Board Chair, recognized Eric Saperstein, Christopher Townsend and Heather Dion, who briefed the Directors on state and federal activities and what could be expected in the next few months. It was then announced that Lieutenant Governor Garamendi would be attending a tour of the GWR on Friday, January 30 1h. Former Directors Don Bankhead and Darryl Miller were presented with Resolutions of Commendation for serving on the Sanitation District Board, and employee George Robertson was recognized for 20 years of service. A brief update was given by the Directors who attended the CASA Conference the prior week: Directors Davert; Crandall; Luebben; Waldman and Ferryman. Director Neugebauer also attended on behalf of Midway City Sanitary District. Chair Davert announced that John Withers was appointed to the Administration Committee, and Sharon Quirk was appointed to the Operations Committee. Directors Patsy Marshall and Phil Luebben were appointed as Alternates 2 and 3 to the GWR Steering Committee. REPORT OF THE GENERAL MANAGER General Manager, Jim Ruth, provided a brief overview of his monthly report. Minutes of Board Meeting 01/28/09 Page 4 REPORT OF THE GENERAL COUNSEL Brad Hogin, General Counsel, reported there was a need to add an item to the closed session calendar, and such action came to the attention of Orange County Sanitation District after the posting of the agenda. It was then moved, seconded and duly carried to add the following item to the closed session agenda pursuant to Government Code Section 54954.2(b)(2), re: Conference with Legal Counsel re anticipated litigation (Subdivision (a) of Sections 54954.2(b)(2), 54956.9) Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: One case resulting from a written communication from the BKK Working Group threatening litigation, which communication is available for public inspection pursuant to Government Code Section 54957.5. RATIFICATION OF PAYMENT OF CLAIMS MOVED, SECON DED AND DULY CARRIED: Ratify payment of claims, as corrected and set forth on Exhibits "A" and "B", attached hereto and made a part of these minutes. ALL DISTRICTS 12/15/08 12/31/08 Totals $21,703,581.50 $20,099,119.14 Director Crandall abstained from discussion and voting on Warrant No. 16918. Director Dalton abstained from discussion and voting on Warrant Nos. 16876, 16950, and 1724 9. Director Dumitru abstained from discussion and voting on Warrant Nos. 16918, 16976, and 16950 . Director Luebben abstained from discussion and voting on Warrant Nos. 16639, 17117, 17171, and 17347. Director Norby abstained from discussion and voting on Warrant Nos. 16918, 17186, 17282, 17283, 16919, and 16731. Director Shawver abstained from discussion and voting on Warrant No. 17033. Directors Bohr, Quirk, Shea, Sidhu and Withers abstained from discussion and voting on all warrants. Abstentions were pursuant to California Government Code Section 84308. CONSENT CALENDA R (3 -7) 3. MOVED, SECONDED AND DULY CARRI ED: Approve the minutes for the regular meeting held on December 17, 2008, to be filed and deemed approved, as mailed. 4. Director Marshall abstained. a) MOVED, SECONDED AND DULY CARRIED: Receive and file summons and complaint; Nguyen Q. Nguyen v. Orange County Sanitation District, Orange County Superior Court Case No. 00115222; and, b) Authorize General Counsel to appear and defend the interests of the Sanitation District. Minutes of Board Meeting 01/28/09 Page 5 5. 6. 7. a) MOVED, SECONDED AND DULY CARRI ED: Receive and file Summons and Complaint; Florian loja, et.al. v. Orange County Sanitation District, Orange County Superior Court Case No. 00116442; and, b) Authorize General Counsel to appear and defend the interests of the Sanitation District. a) MOVED, SECONDED AND DULY CARRI ED: Approve Plans and Specifications for the P2 Kinnison Tunnel Fans Improvements, Project No. FE06-04, 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) Award a contract to DenBoer Engineering & Construction, Inc. for the P2 Kinnison Tunnel Fans Improvements, Project No. FE06-04, for an amount not to exceed $252,200; and, e) Approve a contingency of $37,830 (15%). a) MOVED, SECONDED AND DULY CARRIED: Authorize the General Manager to procure bids for Safety Training Services, Specification No. CS-2009-402BD, and subsequently award purchase order agreements to qualified firms, for the time period of April 1, 2009 through June 30, 2010, in an amount not to exceed $312,500, and four one-year renewal options for a total annual amount not to exceed $250,000 per year; and, b) Authorize a 5% annual cost escalation contingency. STEERING COMMITTEE {8) 8. MOVED, SECONDED AND DULY CARRIED: Approve the Steering Committee Minutes for the meeting held on December 17, 2008 to be filed. GW R SYSTEM STEERING COMMITTEE {9) 9. Order Joint Groundwater Replenishment System Steering Committee Minutes for the meeting held on December 8, 2008, to be filed. NON-CONSENT CALENDA R {10 -12) 10. a) MOVED, SECONDED AND DULY CARRIED: Approve a Service Agreement with Sachs Electric Company for Central Generation Automation, Job No. Minutes of Board Meeting 01/28/09 Page 6 J-79-1, to replace the control systems on eight Central Generation engines for an amount not to exceed $9,252,315; and b) Approve a contingency of $925,231 (10%). Directors Beamish, Luebben and Shea removed themselves from the room during consideration of the following item: 11. a) MOVE D, SECONDED AND DULY CARRIED: Authorize the General Manager to terminate the existing As-Available Capacity and Energy Power Purchase Agreement, QFID 2460, as amended with Southern California Edison in connection with Central Generation System at Plant No. 1, Job No. J-19-1; and, b) Approve a Generating Facility Interconnection Agreement, GFID 2790, with Southern California Edison for 66kV Substation at Plant No. 1, Job No. P1- 97, in a form approved by General Counsel. Directors Beamish, Luebben and Shea returned to the room after consideration of the above item. 12. MOVED, SECONDED AND DULY CARRIED: Adopt Resolution No. OCSD 09-01, Supporting the Orange County Water District Development of the Initial Expansion of the Groundwater Replenishment System. CLOSED SESSION (13 -17) CONVENE IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a): The Board convened in closed session at 7:26 p.m. pursuant to Government Code Section 54956.8 to discuss five matters (Agenda Item Nos. 13 -17). 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 7:55 p.m. ADJOURNMENT: The Chair declared the meeting adjourned at 7:55 p.m. Penny M. yle Clerk of the Board Orange County Sanitation District