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HomeMy WebLinkAbout09-25-2013 Board Minutes09/25/13 Orange County Sanitation District MINUTES BOARD MEETING September 25, 2013 Administration Building 10844 Ellis Avenue Fountain Valley, California 92708-7018 Minutes of Board Meeting Page 1 of 8 ROLL CALL A regular meeting of the Board of Directors of the Orange County Sanitation District was held on September 25, 2013, at 6:30 p.m., in the Administration Building. Director Curry delivered the invocation and led the Pledge of Allegiance. The Clerk of the Board declared a quorum present as follows: ACTIVE DIRECTORS ALTERNATE DIRECTORS A Troy Edgar, Chair Richard Murphy x John Anderson, Vice Chair Gene Hernandez x Tom Beamish Rose Espinoza x David Benavides Sal Tinajero x Steven Choi Christina Shea x Keith Curry Rush Hill x Tyler Diep Al Krippner x James M. Ferryman Bob Ooten x Steven Jones Kris Beard x Peter Kim Gerard Goedhart x Lucille Kring Jordan Brandman x Michael Levitt Gordon Shanks x Brett Murdock Roy Moore x Steve Nagel Mark Mccurdy x Prakash Narain Doug Bailey x Scott Nelson Constance Underhill x Janet Nguyen Shawn Nelson x John Nielsen Jerry Amante x Brad Reese Greg Mills x Gregory Sebourn Jan Flory Joe Shaw x Joe Carchio x David Shawver Carol Warren x Fred Smith Steve Berry x Teresa Smith Mark Murphy x John Withers Douglas Reinhart STAFF MEMBERS PRESENT: Jim Herberg, General Manager; Bob Ghirelli, Assistant General Manager; Nick Kanetis, Director of Engineering, Nick Arhontes, Director of Facilities Support Services; Ed Torres, Director of Operations and Maintenance; Lorenzo Tyner, Director of Finance & Administrative Services; Jeff Reed, Director of Human Resources; Maria E. Ayala, Clerk of the Board; Janine Aguilar, Jennifer Cabral; Jim Colston; Norbert Gaia; Kelly Lore; Rich Spencer, and Paula Zellar. OTHERS PRESENT: Brad Hogin, General Counsel, and Jim Ruth, Consultant. 09/25/13 Minutes of Board Meeting Page 2 of 8 PUBLIC COMMENTS: None. REPORTS: John Anderson, Board Vice-Chair, reported on the recent OCSD VIP (Volunteer Incentive Program) event. General Manager, Jim Herberg, reported on various items from his monthly status report, including: a chemical fire near the Santa Ana River; Plant Tours for foreign officials from Abu Dhabi and China; Coastal Clean-Up Day; Nick Kanetis presenting at WACO; Lorenzo Tyner presenting at the OCERS Directors' Meeting; etc. Mr. Herberg also announced that his workplan for the next fiscal year is on the agenda tonight for the Board's approval. He also reminded the Board that the next GWRS Committee Meeting will be held on Monday and the second Board Workshop will be held on October 2. He also announced that the OCSD CIP Annual Report was being provided tonight to the Board in their meeting folders for their information. RATIFICATION OF PAYMENT OF CLAIMS: 1. MOVED, SECONDED, AND DULY CARRIED: Ratify payment of claims of the District, by roll call vote, as follows: Claims Paid for the Period Ending: 08/15/13 08/31/13 Totals $7,238, 119.99 $9,244, 149.29 Directors Curry, Diep, Nguyen, Nielsen, and Alternate Director Carchio abstained. CONSENT CALENDAR: 2. 3. 09/25/13 A. MOVED, SECONDED, AND DULY CARRIED: Approve minutes for the Regular Board Meeting held on August 28, 2013; and B. Approve minutes for the Special Board Meeting held on September 11, 2013. A. MOVED, SECONDED, AND DULY CARRIED: Receive and file the General Manager's FY 2012 -2013 Work Plan Year-End Report; and B. Approve the General Manager's FY 2013 -2014 Work Plan Minutes of Board Meeting Page 3 of 8 4. A. MOVED, SECONDED, AND DULY CARRIED: Approve a decrease in the budget for Plant Water System Rehabilitation at Plant No.1, Project No. P1-112, by $475,000 for a total project budget of $9,094,000; and B. Approve an increase in the budget for Plant Water System Rehabilitation at Plant No. 2, Project No. P2-101, by $475,000 for a total project budget of $4,484,000; and C. Approve plans and specifications for Plant Water System Rehabilitation at Plant No. 1, Project No.P1-112, and Plant Water System Rehabilitation at Plant No. 2, Project No. P2-101, on file at the Office of the Clerk of the Board; and D. Approve Addendum Nos. 1, 2, and 3 to the plans and specifications; and E. Receive and file bid tabulation and recommendation; and F. Award a construction contract to W. M. Lyles Co. for Plant Water System Rehabilitation at Plant No. 1, Project No. P1-112, and Plant Water System Rehabilitation at Plant No. 2, Project No. P2-101, for a total amount not to exceed $6,038,000; and G. Approve a contingency of $374,300 (10%) for Plant Water System Rehabilitation at Plant No. 1, Project No. P1-112; and H. Approve a contingency of $275,400 (12%) for Plant Water System Rehabilitation at Plant No. 2, Project No. P2-101. STEERING COMMITTEE: 5. MOVED, SECONDED, AND DULY CARRIED: Approve minutes for the Steering Committee Meeting held on August 28, 2013. OPERATIONS COMMITTEE: 6. MOVED, SECONDED, AND DULY CARRIED: Approve Minutes of September 4, 2013, Operations Committee meeting. 7. 09/25/13 A. MOVED, SECONDED, AND DULY CARRIED: Approve a Professional Services Agreement with Black & Veatch Corporation for providing Gas Facilities Study for Plants 1 & 2, Project No. SP-141, for an amount not to exceed $665,021; and B. Approve a contingency of $13,306 (2%) Minutes of Board Meeting Page 4 of 8 8. A. MOVED, SECONDED, AND DULY CARRIED: Approve a Professional Consultant Services Agreement with Carollo Engineers to provide construction support services for Plant Water System Rehabilitation at Plant No. 2, Project No. P2-101, for an amount not to exceed $225, 108; and B. Approve a contingency of $22,511 (10%). Director Sebourn abstained. ADMINISTRATION COMMITTEE: 9. MOVED, SECONDED, AND DULY CARRIED: Approve Minutes of the September 11, 2013 Administration Committee Meeting. Alternate Director Carchio abstained. 10. MOVED, SECONDED, AND DULY CARRIED: Receive and file report of reimbursements to Board Members and Staff per Government Code 53065.5 for the period July 1, 2012 through June 30, 2013. Director Nguyen and Alternate Director Carchio abstained. 11. A. MOVED, SECONDED, AND DULY CARRIED: Approve the Electronic Recording Memorandum of Understanding (MOU) with the County of Orange, Clerk-Recorder's office; and B. Authorize the Clerk of the Board, or her designee, to transmiUrecord any and all required Orange County Sanitation District real property documents in an electronic format. Director Nguyen and Alternate Director Carchio abstained. 12. A. MOVED, SECONDED, AND DULY CARRIED: Adopt Resolution No. OCSD 13-14, authorizing the execution and delivery by the Orange County Sanitation 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 2013A, authorizing the execution and delivery of such Notes evidencing principal in an aggregate amount of not to exceed $135,000,000, 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 Notes and authorizing the execution of necessary documents and related actions; and 09/25/13 Minutes of Board Meeting Page 5 of 8 B. That the Orange County Sanitation District Financing Corporation approve the documents supporting and authorizing the Notes in an aggregate amount not to exceed $135,000,000. Director Curry and Alternate Director Carchio abstained. 13. A. MOVED, SECONDED, AND DULY CARRIED: Approve a Professional Services Agreement with enfoTech & Consulting, Inc., Specification CS- 2012-525BD, for Implementation of a Commercial-off-the-shelf Pretreatment Information Management System, for an amount not to exceed $749,993; and B. Approve first year technical support and maintenance for the amount of $65,266; and C. Approve a contingency of $81,526 (10%). Alternate Director Carchio abstained. Director Nelson arrived to the meeting at 6:44 p.m. The Board meeting recessed at 6:44 p.m. * * * * * * * * * * * * * * * * * * * * * ORANGE COUNTY SANITATION DISTRICT FINANCING CORPORATION CALL TO ORDER: Vice-Chair Anderson called the Board of Directors, Orange County Sanitation District Financing Corporation meeting to order at 6:44 p.m. ROLL CALL: Maria E. Ayala, Clerk of Board, announced that the members of the Orange County Sanitation District Board of Directors are each being compensated $212.50 for the Board Meeting; there is no additional compensation for the Financing Corporation Meeting. ACTIVE DIRECTORS ALTERNATE DIRECTORS A Troy Edgar, Chair Richard Murphy x John Anderson, Vice Chair Gene Hernandez x Tom Beamish Rose Espinoza x David Benavides Sal Tinajero x Steven Choi Christina Shea x Keith Curry Rush Hill x Tyler Diep Al Krippner 09/25/13 Minutes of Board Meeting Page 6 of 8 x James M. Ferryman Bob Ooten x Steven Jones Kris Beard x Peter Kim Gerard Goedhart x Lucille Kring Jordan Brandman x Michael Levitt Gordon Shanks x Brett Murdock Roy Moore x Steve Nagel Mark Mccurdy x Prakash Narain Doug Bailey x Scott Nelson Constance Underhill x Janet Nguyen Shawn Nelson x John Nielsen Jerry Amante x Brad Reese Greg Mills x Gregory Sebourn Jan Flory Joe Shaw x Joe Carchio x David Shawver Carol Warren x Fred Smith Steve Berry x Teresa Smith Mark Murphy x John Withers Douglas Reinhart APPROVAL OF MINUTES: MOVED, SECONDED, AND DULY CARRIED: If no corrections or amendments are made, the minutes for the meeting held on September 26, 2012, will be deemed approved and be so ordered by the Vice-Chair. ACTION ITEM: MOVED, SECONDED, AND DULY CARRIED: Adopt Resolution No. FC-20, a resolution of the Board of Directors of the Orange County Sanitation District Financing Corporation 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 Revenue Refunding Certificate Anticipation Notes, Series 2013a, Authorizing the Execution and Delivery of Such Notes Evidencing Principal in an Aggregate Amount of not to Exceed $135,000,000 and Authorizing the Execution of Other Necessary Documents and Related Actions. (See Agenda Report for Item No. 12) Director Curry abstained. The meeting of the Board of Directors, Orange County Sanitation District Financing Corporation adjourned at 6:46 p.m. * * * * * * * * * * * * * * * * * * The meeting of the Board of Directors, Orange County Sanitation District reconvened at 6:46 p.m. 09/25/13 Minutes of Board Meeting Page 7 of 8 CLOSED SESSION CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS: 54956.9(d)(1 ), 54956.9(d)(4), and 54957.6. The Board convened in closed session at 6:49 p.m. to discuss seven items. Confidential Minutes of the Closed Session have been prepared in accordance with the above Government Code Sections 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 Committee reconvened in regular session at 7:10 p.m. Director Nagel recused himself from Closed Session Item #B4. CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED SESSION: Brad Hogin, General Counsel, reported out that the Board reached a unanimous decision to authorize General Counsel to appear and defend the interest of the district in regards to Closed Session Item No. B3 and B4. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: Director Nguyen provided a brief report on the County's position regarding local elected officials being appointed to the OCERS Board. ADJOURNMENT: The Chair adjourned the meeting at 7:15 p .m. until the Special Board Meeting on October 2, 2013 at 6:00 p.m. Maria E. 09/25/13 Minutes of Board Meeting Page 8 of 8