HomeMy WebLinkAbout09-24-2014 Board Meeting Minutes
Orange County Sanitation District
CORRECTED MINUTES
BOARD MEETING
September 24, 2014
Administration Building
10844 Ellis Avenue
Fountain Valley, California 92708-7018
09/24/2014 Minutes of Board Meeting Page 1 of 20
ROLL CALL
A regular meeting of the Board of Directors of the Orange County Sanitation District was
held on September 24, 2014, at 6:30 p.m., in the Administration Building. Director Scott
Nelson delivered the invocation and led the Pledge of Allegiance.
The Acting Clerk of the Board declared a quorum present as follows:
ACTIVE DIRECTORS ALTERNATE DIRECTORS
x Tom Beamish, Chair Rose Espinoza
John Nielsen, Vice-Chair Allan Bernstein
x David Benavides Sal Tinajero
x Joe Carchio Dave Sullivan
x Steven Choi Christina Shea
Keith Curry Rush Hill
x Tyler Diep Al Krippner
x James M. Ferryman Bob Ooten
x Gene Hernandez John Anderson
Steven Jones Kris Beard
x Peter Kim Gerard Goedhart
Lucille Kring Jordan Brandman
x Michael Levitt Gordon Shanks
Brett Murdock Roy Moore
x Richard Murphy Troy Edgar
x Steve Nagel Michael Vo
x Prakash Narain Doug Bailey
x Scott Nelson Constance Underhill
x Janet Nguyen Shawn Nelson
x Brad Reese Greg Mills
x Gregory Sebourn Jan Flory
x David Shawver Carol Warren
x Fred Smith Steve Berry
Teresa Smith x Mark Murphy
x John Withers Douglas Reinhart
STAFF MEMBERS PRESENT: Jim Herberg, General Manager; Bob Ghirelli, Assistant
General Manager; Nick Arhontes, Director of Facilities Support Services; Jeff Reed,
Director of Human Resources; Rob Thompson, Director of Engineering; Ed Torres,
Director of Operations & Maintenance; Lorenzo Tyner, Director of Finance &
Administrative Services; Kelly Lore, Acting Clerk of the Board; Jeff Armstrong; Norbert
Gaia; Mark Kawamoto; Laurie Klinger; and Kelly Newell; Merrill Seiler; Rich Spencer
and John Stephens.
09/24/2014 Minutes of Board Meeting Page 2 of 20
OTHERS PRESENT: Brad Hagin, General Counsel; Bob Ooten (Alternate Director)
CMSD; Bob Kiley, Yorba Linda Water District; Marc Marcantonio, Yorba Linda Water
District.
PUBLIC COMMENTS:
Cindy Black, Costa Mesa resident, spoke in opposition to the District 6 Trunk sewer
relief Project No. 6-17 due to concerns with sensitive species habitat. She stated her
wish is that staff revisit other alternative locations for this project.
Kevin Nelson, representing the Nature Commission, provided a brief PowerPoint
presentation which showed photos of the area of this project, and spoke in opposition to
the District 6 Trunk sewer relief Project No. 6-17. He stated that Talbert Regional Park
is a natural habitat containing large trees, raptors, and other live habitat that would be
threatened with this project. He encouraged staff to reconsider finding an alternative
solution.
Director Benavides arrived at 6:37 p.m.
SPECIAL PRESENTATIONS:
General Manager, Jim Herberg and Vice Chair Beamish presented a Certificate of
Commendation to:
o Santa Ana Regional Water Quality Control Board -Executive Director Kurt
Berchtold and Board Member William van Blasingame in attendance.
o South Coast Air Quality Management District -Executive Officer Barry
Wallerstein in attendance.
o US Environmental Protection Agency
Director of Engineering, Rob Thompson presented a 25-year service award to Merrill
Seiler, Division 790, Principal Environmental Specialist.
Director of Finance and Administrative Services, Lorenzo Tyner presented a 25-year
service award to John Stephens, Division 250, Senior Information Technology Analyst.
Director of Operations and Maintenance, Ed Torres presented a 20-year service award
to Jeff Armstrong, Division 890, Environmental Supervisor.
REPORTS:
Chair Beamish did not provide a report.
General Manager, Jim Herberg reported that the General Manager's Draft Work Plan for
FY 2014-15 was reviewed by the Steering Committee last month and the final version in
09/24/2014 Minutes of Board Meeting Page 3 of 20
in the packet tonight for approval. A status update will be provided to the Board in
January and at the end of the Fiscal Year.
Mr. Herberg reported that OCSD is the recipient of the NACWA Gold Peak Performance
Award, presented by the National Association of Clean Water Agencies, for having no
ocean discharge violations for our operation in the year 2013. Our goal is to next
receive the NACWA Platinum Award, which requires no discharge violations for five
consecutive years.
He then reported that OCSD has also received the 2014 Achievement of Excellence in
Procurement Award, presented by the National Procurement Institute, recognizing
organizational excellence in government procurement. OCSD is the only Sanitation
District in California to receive the award and one of the 21 out of 35,000 Special
Districts in the United States.
In answer to a question regarding the previous repairs to Plant No. 1 Splitter Box
Channel Emergency Repair, Mr. Herberg stated that the previous work was also done
under emergency conditions to repair a leak due to structure settlement. The material
did not cure property on the initial repair. A different method was used on this repair.
The structure is scheduled for replacement under a capital improvement project.
RATIFICATION OF PAYMENT OF CLAIMS:
1. MOVED, SECONDED, AND DULY CARRIED TO: Ratify payment of claims of
the District, by roll call vote, as follows:
Claims Paid for the Period Ending: 08/15/14 08/31/14
Totals
AYES:
NOES:
ABSTENTIONS:
ABSENT:
$ 11,323,516.56 $ 8,236,019.92
Beamish; Carchio; Choi; Ferryman; Hernandez; Kim;
Levitt; R. Murphy; Nagel; Narain; Nelson; Reese; F.
Smith; and Withers
None
Benavides; Diep; M. Murphy (Alternate) Nguyen;
Sebourn and Shawver
Curry; Jones; Kring; Murdock and Nielsen
Acting Clerk of the Board, Kelly Lore stated a correction would be made to Item 2 -
Board Minutes, page 4, Ratification of Payment of Claims, Ayes (Murdock is being
changed to Murphy)
09/24/2014 Minutes of Board Meeting Page 4 of 20
CONSENT CALENDAR:
2. MOVED, SECONDED, AND DULY CARRIED TO: Approve minutes for the
Regular Board Meeting held on August 27, 2014.
AYES: Beamish; Benavides; Carchio; Choi; Diep; Ferryman;
Hernandez; Kim; Levitt; M. Murphy (Alternate); R.
Murphy; Nagel; Narain; Nguyen; Reese; Sebourn;
Shawver; F. Smith; and Withers
NOES: None
ABSTENTIONS: Nelson
ABSENT: Curry; Jones; Kring; Murdock and Nielsen
3. MOVED, SECONDED, AND DULY CARRIED TO:
A. Receive and file bid tabulation and recommendation;
B. Award a construction contract to Sancon Engineering, Inc. for 84-inch P2
Pl Line for Distribution Box B Rehabilitation and Flow Meter Structure
Abandonment, Project No. FE12-06, for a total amount not to exceed
$377,000; and
C. Approve a contingency of $75,400 (20%).
AYES: Beamish; Benavides; Carchio; Choi; Diep; Ferryman;
Hernandez; Kim; Levitt; M. Murphy (Alternate); R.
Murphy; Nagel; Narain; Nelson; Nguyen; Reese;
Sebourn; Shawver; F. Smith; and Withers
NOES: None
ABSTENTIONS: None
ABSENT: Curry; Jones; Kring; Murdock and Nielsen
4. MOVED, SECONDED, AND DULY CARRIED TO:
A. Receive and file bid tabulation and recommendation;
B. Award a construction contract to J.R. Filanc Construction Company for
SALS PS Vent Piping Modifications, Project No. FE12-09, for a total
amount not to exceed $119, 138; and
09/24/2014 Minutes of Board Meeting Page 5 of 20
C. Approve a contingency of $11,914 (10%).
AYES: Beamish; Benavides; Carchio; Choi; Diep; Ferryman;
Hernandez; Kim; Levitt; M. Murphy (Alternate); R.
Murphy; Nagel; Narain; Nelson; Nguyen; Reese;
Sebourn; Shawver; F. Smith; and Withers
NOES: None
ABSTENTIONS: None
ABSENT: Curry; Jones; Kring; Murdock and Nielsen
5. MOVED, SECONDED, AND DULY CARRIED TO: Ratify use of General
Manager's emergency purchasing authority, Ordinance OCSD-44, Article 2,
Section 2.03E (Critical Time-Sensitive Procurement) and Article 1, Section 1.07B
(Emergency Procurement), authorizing the General Manager to issue a change
order to the Purchase Order No. 105219-0B with Jamison Engineering
Contractors in the amount of $40,000 for a total of $160,000 for Emergency
Repair Services for Plant No. 1 Headworks Splitter Box.
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Beamish; Benavides; Carchio; Choi; Diep; Ferryman;
Hernandez; Kim; Levitt; M. Murphy (Alternate); R.
Murphy; Nagel; Narain; Nelson; Nguyen; Reese;
Sebourn; Shawver; F. Smith; and Withers
None
None
Curry; Jones; Kring; Murdock and Nielsen
NON-CONSENT CALENDAR:
6. Director of Facility Support Services, Nick Arhontes provided a revised agenda
report and brief explanation to the Board. In response to a question regarding
the cost of the project doubling, Mr. Arhontes stated that this issue was
unforeseen due to an existing pipe shifting after the valves were removed.
Ratify Change Order No. 1 to Replacement of Valves at Bay Bridge Valve Vault,
Project No. FR10 018, with Bali Construction, Incorporated (Bali) authorizing an
additional $180,080 and 72 days, increasing the total contract amount to
$394, 169; and extending the contract completion to September 30, 2014.
09/24/2014 Minutes of Board Meeting Page 6 of 20
MOVED, SECONDED, AND DULY CARRIED TO: Ratify Change Order No. 1 to
Replacement of Valves at Bay Bridge Valve Vault, Project No. FR10-018, with
Bali Construction, Incorporated (Bali) authorizing an additional $226,042 and 72
days, increasing the total contract amount to $440, 131; and extending the
contract completion to September 30, 2014.
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Beamish; Benavides; Carchio; Choi; Diep; Ferryman;
Hernandez; Kim; Levitt; M. Murphy (Alternate); R.
Murphy; Nagel; Narain; Nelson; Nguyen; Reese;
Sebourn; Shawver; F. Smith; and Withers
None
None
Curry; Jones; Kring; Murdock and Nielsen
7. Human Resource Manager, Rich Spencer provided a brief presentation on this
item.
MOVED, SECONDED, AND DULY CARRIED TO: Authorize the Orange
County Sanitation District (OCSD) to contract a senior human resources analyst
as the interim human resources manager to the Costa Mesa Sanitary District
(CMSD) for up to six (6) months as a workforce development opportunity.
AYES:
NOES:
ABSTENTIONS:
ABSENT:
OPERATIONS COMMITTEE:
Beamish; Benavides; Carchio; Choi; Diep; Ferryman;
Hernandez; Kim; Levitt; M. Murphy (Alternate); R.
Murphy; Nagel; Narain; Nelson; Nguyen; Reese;
Sebourn; Shawver; F. Smith; and Withers
None
None
Curry; Jones; Kring; Murdock and Nielsen
8. MOVED, SECONDED, AND DULY CARRIED TO: Approve minutes for the
Committee Meeting held on September 3, 2014.
AYES:
NOES:
09/24/2014
Beamish; Benavides; Carchio; Choi; Diep; Ferryman;
Kim; Levitt; M. Murphy (Alternate); R. Murphy; Nagel;
Narain; Nguyen; Reese; Sebourn; Shawver; F. Smith;
and Withers
None
Minutes of Board Meeting Page 7 of 20
ABSTENTIONS: Hernandez and Nelson
ABSENT: Curry; Jones; Kring; Murdock and Nielsen
9. MOVED, SECONDED, AND DULY CARRIED TO: Adopt Resolution No. OCSD
14-11 entitled; "A Resolution of the Board of Directors of Orange County
Sanitation District adopting the "One Water, One Watershed" (OWOW) 2.0
Integrated Regional Water Management Plan."
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Beamish; Benavides; Carchio; Choi; Diep; Ferryman;
Hernandez; Kim; Levitt; M. Murphy (Alternate);
R. Murphy; Nagel; Narain; Nelson; Nguyen; Reese;
Sebourn; Shawver; F. Smith; and Withers
None
None
Curry; Jones; Kring; Murdock and Nielsen
10. MOVED, SECONDED, AND DULY CARRIED TO:
A. Approve a budget increase of $122,838, increasing the total amount not to
exceed $522,838;
B. Approve a Professional Services Agreement with RBF Consulting to
provide engineering design services for Bay Bridge Pump Station and
Force Mains Rehabilitation Study, Project No. SP-178, for an amount not
to exceed $475,308; and
C. Approve a contingency of $47,530 (10%).
AYES: Beamish; Benavides; Carchio; Choi; Diep; Ferryman;
Hernandez; Kim; Levitt; M. Murphy (Alternate); R.
Murphy; Nagel; Narain; Nelson; Nguyen; Reese;
Sebourn; Shawver; F. Smith; and Withers
NOES: None
ABSTENTIONS: None
ABSENT: Curry; Jones; Kring; Murdock and Nielsen
09/24/2014 Minutes of Board Meeting Page 8 of 20
12. MOVED, SECONDED, AND DULY CARRIED TO:
A. Award a contract to the lowest responsive and responsible bidder,
Vaughan's Industrial Repair Company, Inc., for Repairs to RSS Pumps at
P2, Project No. FR14-004, for a total amount not to exceed $282,504; and
B. Approve a contingency of $84,800 (30%).
AYES: Beamish; Benavides; Carchio; Choi; Diep; Ferryman;
Hernandez; Kim; Levitt; M. Murphy (Alternate); R.
Murphy; Nagel; Narain; Nelson; Nguyen; Reese;
Sebourn; Shawver; F. Smith; and Withers
NOES: None
ABSTENTIONS: None
ABSENT: Curry; Jones; Kring; Murdock and Nielsen
13. MOVED, SECONDED, AND DULY CARRIED TO:
A. Approve a Service Agreement with Vaughan's Industrial Repair Company,
Inc., the lowest responsive and responsible bidder, for the overhaul of two
gas compressors located at Plant No. 2, Specification No. S-2014-615BD,
for period November 1, 2014 through May 30, 2016 for an amount not to
exceed $279,280; and
B. Approve a contingency of $27,928 (10%)
AYES: Beamish; Benavides; Carchio; Choi; Diep; Ferryman;
Hernandez; Kim; Levitt; M. Murphy (Alternate); R.
Murphy; Nagel; Narain; Nelson; Nguyen; Reese;
Sebourn; Shawver; F. Smith; and Withers
NOES: None
ABSTENTIONS: None
ABSENT: Curry; Jones; Kring; Murdock and Nielsen
14. MOVED, SECONDED, AND DULY CARRIED TO:
A. Approve a Service Agreement with NRG Energy, the lowest responsive
and responsible bidder, for the Overhaul of Central Generation Engines,
Specification No. S-2014-601 BD, for an amount not to exceed $743,525,
for the period of November 1, 2014 through October 31, 2015, with four
one-year renewal options; and
09/24/2014 Minutes of Board Meeting Page 9 of 20
B. Approve an annual contingency of $148,705 (20%)
AYES: Beamish; Benavides; Carchio; Choi; Ferryman;
Hernandez; Kim; Levitt; M. Murphy (Alternate); R.
Murphy; Nagel; Narain; Nelson; Reese; Sebourn;
Shawver; F. Smith; and Withers
NOES: Nguyen
ABSTENTIONS: Diep
ABSENT: Curry; Jones; Kring; Murdock and Nielsen
15. MOVED, SECONDED, AND DULY CARRIED TO:
A. Award a contract to the lowest responsive and responsible bidder,
Tharsos Incorporated, for Plant 2 North Scrubber Complex Bleach Pump
Base Replacement (Rebid) -Project No. FR12-031-R, for a total amount
not to exceed $173,937 and,
B. Approve a contingency of $34,788 (20%).
AYES: Beamish; Benavides; Carchio; Choi; Diep; Ferryman;
Hernandez; Kim; Levitt; M. Murphy (Alternate); R.
Murphy; Nagel; Narain; Nelson; Nguyen; Reese;
Sebourn; Shawver; F. Smith; and Withers
NOES: None
ABSTENTIONS: None
ABSENT: Curry; Jones; Kring; Murdock and Nielsen
16. MOVED, SECONDED, AND DULY CARRIED TO: Approve a budget increase
of $706,000 for Final Effluent Sampler and Building Area Upgrades, Project No.
J-110, for a total budget amount of $14,770,000.
AYES:
NOES:
ABSTENTIONS:
ABSENT:
09/24/2014
Beamish; Benavides; Carchio; Choi; Diep; Ferryman;
Hernandez; Kim; Levitt; M. Murphy (Alternate); R.
Murphy; Nagel; Narain; Nelson; Nguyen; Reese;
Sebourn; Shawver; F. Smith; and Withers
None
None
Curry; Jones; Kring; Murdock and Nielsen
Minutes of Board Meeting Page 10 of20
11. ITEM PULLED AND HEARD SEPARATELY
Director Murphy requested information regarding the policy on contingencies.
Mr. Herberg stated that contingencies vary from contract to contract based on the
type of contract and work. Larger contingency on design contracts reflect the
relative degree of uncertainty. On Capital Improvement Projects in aggregate,
the goal is to have no more than a 5% contingency.
Director of Engineering, Rob Thompson stated that in the case of this project, the
added contingency is due to the challenge of outreach efforts, providing a high
level of service to businesses and residents affected by the various projects
taking place in Newport Beach and any additional unknown circumstances.
Mr. Herberg further stated that Purchasing Ordinance OCSD-44 limits
contingency to 50% of the contract amount.
MOVED, SECONDED, AND DULY CARRIED TO:
A. Approve Amendment No. 1 to Agreement PSA-2013-568 with
Constructive Community Relations, providing construction outreach
services for the Newport Beach Construction Program for a total two-year
period effective August 1, 2013 through July 31, 2015, for an additional
$119,991, increasing the total amount not to exceed $419,991, with three
one-year renewal options, not to exceed $150,000 per renewal year; and
B. Approve a contingency of $57,000 (10%).
AYES: Beamish; Benavides; Carchio; Choi; Diep; Ferryman;
Hernandez; Kim; Levitt; M. Murphy (Alternate); R.
Murphy; Nagel; Narain; Nelson; Reese; Sebourn;
Shawver; F. Smith; and Withers
NOES: None
ABSTENTIONS: Nguyen
ABSENT: Curry; Jones; Kring; Murdock and Nielsen
09/24/2014 Minutes of Board Meeting Page 11 of 20
ADMINISTRATION COMMITTEE:
17. MOVED, SECONDED, AND DULY CARRIED TO: Approve minutes for the
Committee Meeting held on September 10, 2014.
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Beamish; Benavides; Carchio; Choi; Diep; Ferryman;
Hernandez; Kim; Levitt; M. Murphy (Alternate); R.
Murphy; Nagel; Narain; Nelson; Nguyen; Reese;
Sebourn; Shawver; F. Smith; and Withers
None
None
Curry; Jones; Kring; Murdock and Nielsen
19. MOVED, SECONDED, AND DULY CARRIED TO: Receive and file report of
reimbursements to Board Members and Staff per Government Code 53065.5 for
the period of July 1, 2013 through June 30, 2014.
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Beamish; Benavides; Carchio; Choi; Diep; Ferryman;
Hernandez; Kim; Levitt; M. Murphy (Alternate); R.
Murphy; Nagel; Narain; Nelson; Reese; Sebourn;
Shawver; F. Smith; and Withers
None
Nguyen
Curry; Jones; Kring; Murdock and Nielsen
21. MOVED, SECONDED, AND DULY CARRIED TO:
A. Adopt Resolution No. OCSD 14-12, authorizing the execution and delivery
by the 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 2014B, 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
09/24/2014 Minutes of Board Meeting Page 12 of 20
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.
AYES: Beamish; Benavides; Carchio; Choi; Diep; Ferryman;
Hernandez; Kim; Levitt; M. Murphy (Alternate); R.
Murphy; Nagel; Narain; Nelson; Reese; Sebourn;
Shawver; F. Smith; and Withers
NOES: None
ABSTENTIONS: Nguyen
ABSENT: Curry; Jones; Kring; Murdock and Nielsen
23. MOVED, SECONDED, AND DULY CARRIED TO: Adopt Resolution No.
OCSD 14-13 entitled; "A Resolution of the Board of Directors of the Orange
County Sanitation District Establishing the Policies and Practices for the Payment
of Warrants and Demands."
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Beamish; Benavides; Carchio; Choi; Diep; Ferryman;
Hernandez; Kim; Levitt; M. Murphy (Alternate);
R. Murphy; Nagel; Narain; Nelson; Reese; Sebourn;
Shawver; F. Smith; and Withers
Diep Kim and Nguyen
None
Curry; Jones; Kring; Murdock and Nielsen
20. ITEM PULLED AND HEARD SEPARATELY
Chair Beamish pulled this item and stated the Board would hear Public Comment
on this item.
Scott Dutton spoke in opposition of this item. He stated his desire to make the
Board aware that the Company proposed for award does not have a formal
agreement with the manufacturer as required in Item 3.11 of the bid documents.
Mr. Dutton summited a letter for the record, which was issued by the
manufacturer to the district in this regard and further stated that there will be no
warranty or service from the proposed supplier.
Concerns were raised by the Directors in regards to: Vendor relationship
procedures; testing parts; warranties; quantity purchased vs. purchase on as
need basis; obsolete parts; vendor guarantees; bid documents and the right to
protest on other bids.
09/24/2014 Minutes of Board Meeting Page 13 of 20
Approve a Purchase Order •.vith PLC LTD, the lowest responsive and responsible
bidder, for the purchase of Modicon computer equipment, Specification No.
E 2014 626, for an amount of $636,579.
MOVED, SECONDED, AND DULY CARRIED TO: Continue and return the item
back to the Administration Committee.
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Beamish; Benavides; Carchio; Choi; Diep; Ferryman;
Hernandez; Kim; Levitt; R. Murphy; Nagel; Narain;
Nelson; Nguyen; Reese; Sebourn; Shawver; F. Smith;
and Withers
None
M. Murphy (Alternate)
Curry; Jones; Kring; Murdock and Nielsen
22. ITEM PULLED AND HEARD SEPARATELY
Director Nagel questioned a specific reason as to what has led the District to
request armed guards.
Concerns were raised regarding: Potential threats vs. immediate threats;
increased liability; risk; costs of law enforcement versus private security;
consultant's recommendation; charges from local agencies; other sanitation
district's security; preparation for disasters; security analysis of Pinkerton;
employee safety and the OCSD threat assessment level.
MOVED AND SECONDED:
A Approve Amendment No. 1, an increase to the Service Agreement with
Securitas Security Services USA, Inc. for Plant 1 and Plant 2 Security
Services Specification No. S 2010 48, for the period of July 1, 2014
through June 30, 2015 for an additional amount of $388,002, increasing
the total annual amount not to exceed $772,759; and
B. Approve the increase under A above for the fourth and final optional
renewal period of July 1, 2015 through June 30, 2016; and
C. Approve a 10% contingency ($77,275).
09/24/2014 Minutes of Board Meeting Page 14 of 20
Discussion ensued regarding possibilities vs probabilities; other physical security
measures to the Plant; budgeted items; in-house security and the possibility of
inclusion of Orange County Water District for shared costs.
The Board expressed the need for more information regarding this item and a
substitute motion was made:
MOVED, SECONDED, AND DULY CARRIED TO:
A. Continue item to bring back competitive bids from other firms and
agencies; and
B. Bring item to the Groundwater Replenishment System Steering
Committee for discussion with Orange County Water District for cost
sharing; and
C. Provide information to the Board regarding other comparable agencies
security measures.
AYES: Beamish; Benavides; Carchio; Choi; Diep; Ferryman;
Hernandez; Kim; Levitt; M. Murphy (Alternate); R.
Murphy; Nagel; Narain; Nelson; Nguyen; Reese;
Sebourn; Shawver; F. Smith; and Withers
NOES: None
ABSTENTIONS: None
ABSENT: Curry; Jones; Kring; Murdock and Nielsen
18. ITEM PULLED AND HEARD SEPARATELY
Director Murphy stated that he had pulled this item inadvertently.
MOVED, SECONDED, AND DULY CARRIED TO: Approve payment in an
amount up to $579,000 to the State Water Resources Control Board for annual
permit fees for the ocean discharge permit.
AYES:
NOES:
ABSTENTIONS:
ABSENT:
09/24/2014
Beamish; Benavides; Carchio; Choi; Diep; Ferryman;
Hernandez; Kim; Levitt; M. Murphy (Alternate); R.
Murphy; Nagel; Narain; Nelson; Nguyen; Reese;
Sebourn; Shawver; F. Smith; and Withers
None
None
Curry; Jones; Kring; Murdock and Nielsen
Minutes of Board Meeting Page 15 of 20
Chair Beamish recessed to the OCSD Financing Corporation Meeting at 7:49 p.m.
**************************************
ORANGE COUNTY SANITATION DISTRICT FINANCING CORPORATION
CALL TO ORDER:
Chair Beamish called the Board of Directors, Orange County Sanitation District
Financing Corporation meeting to order at 7:50 p.m.
Director Sebourn left the meeting at 7:50 p.m.
ROLL CALL:
The Acting Clerk of the Board declared a quorum present as follows:
ACTIVE DIRECTORS ALTERNATE DIRECTORS
x Tom Beamish, Chair Rose Espinoza
John Nielsen, Vice-Chair Allan Bernstein
x David Benavides Sal Tinajero
x Joe Carchio Dave Sullivan
x Steven Choi Christina Shea
Keith Curry Rush Hill
x Tyler Diep Al Krippner
x James M. Ferryman Bob Ooten
x Gene Hernandez John Anderson
Steven Jones Kris Beard
x Peter Kim Gerard Goedhart
Lucille Kring Jordan Brandman
x Michael Levitt Gordon Shanks
Brett Murdock Roy Moore
x Richard Murphy Troy Edgar
x Steve Nagel Michael Vo
x Prakash Narain Doug Bailey
x Scott Nelson Constance Underhill
x Janet Nguyen Shawn Nelson
x Brad Reese Greg Mills
Gregory Sebourn Jan Flory
x David Shawver Carol Warren
x Fred Smith Steve Berry
09/24/2014 Minutes of Board Meeting Page 16 of 20
Teresa Smith x Mark Murphy
x John Withers Douglas Reinhart
Kelly A. Lore, Acting Clerk of the 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.
APPROVAL OF MINUTES:
1. MOVED, SECONDED, AND DULY CARRIED TO: If no corrections or
amendments are made, the minutes for the meeting held on June 25, 2014, will
be deemed approved and be so ordered by the Chair.
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ACTION ITEM:
Beamish; Benavides; Carchio; Choi; Diep; Ferryman;
Hernandez; Kim; Levitt; R. Murphy; Nagel; Narain;
Nelson; Nguyen; Reese; Shawver; F. Smith; and
Withers
None
M. Murphy (Alternate)
Curry; Jones; Kring; Murdock; Nielsen and Sebourn
2. MOVED, SECONDED, AND DULY CARRIED TO: Adopt Resolution No. FC-22,
entitled "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 2014B, 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
Necessary Documents and Related Actions."
AYES:
NOES:
ABSTENTIONS:
ABSENT:
09/24/2014
Beamish; Benavides; Carchio; Choi; Diep; Ferryman;
Hernandez; Kim; Levitt; M. Murphy (Alternate); R.
Murphy; Nagel; Narain; Nelson; Nguyen; Reese;
Shawver; F. Smith; and Withers
None
None
Curry; Jones; Kring; Murdock; Nielsen and Sebourn
Minutes of Board Meeting Page 17 of20
ADJOURNMENT:
The Chair declared the meeting of the Board of Directors, Orange County Sanitation
District Financing Corporation adjourned at 7:51 p.m.
* * * * * * * * * * * * * * * * * *
The Orange County Sanitation District Board of Directors meeting was reconvened at
7:51p.m.
STEERING COMMITTEE:
24. MOVED, SECONDED, AND DULY CARRIED TO: Approve minutes for the
Steering Committee Meeting held on August 27, 2014.
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Beamish; Benavides; Carchio; Choi; Diep; Ferryman;
Hernandez; Kim; Levitt; M. Murphy (Alternate);
R. Murphy; Nagel; Narain; Nguyen; Reese; Shawver;
F. Smith; and Withers
None
Nelson
Curry; Jones; Kring; Murdock; Nielsen and Sebourn
25. MOVED, SECONDED, AND DULY CARRIED TO: Approve the General
Manager's FY 2014 -2015 Work Plan.
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Beamish; Benavides; Carchio; Choi; Diep; Ferryman;
Hernandez; Kim; Levitt; M. Murphy (Alternate);
R. Murphy; Nagel; Narain; Nelson; Nguyen; Reese;
Shawver; F. Smith; and Withers
None
None
Curry; Jones; Kring; Murdock; Nielsen and Sebourn
Director Hernandez left the room at 7:56 p.m.
LEGISLATIVE AND PUBLIC AFFAIRS SPECIAL COMMITTEE:
26. MOVED, SECONDED, AND DULY CARRIED TO: Receive and file the minutes
of the September 8, 2014 meeting of the Legislative and Public Affairs Special
Committee.
09/24/2014 Minutes of Board Meeting Page 18 of 20
AYES:
NOES:
ABSTENTIONS:
ABSENT:
AB 1234 REPORTS:
None.
Beamish; Benavides; Carchio; Choi; Diep; Ferryman;
Kim; Levitt; M. Murphy (Alternate); R. Murphy; Nagel;
Narain; Nelson; Nguyen; Reese; Shawver; F. Smith; and
Withers
None
None
Curry; Hernandez; Jones; Kring; Murdock; Nielsen and
Sebourn
Director Hernandez returned to the room at 7:59 p.m.
Director Nguyen left the meeting at 8:00 p.m.
CLOSED SESSION:
CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE
SECTIONS: 54956.9(d)(1) & 54957.6
The Board convened in closed session at 8:00 p.m. to discuss two 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.
Director Diep left the meeting at 8:23 p.m.
RECONVENED IN REGULAR SESSION: The Board reconvened in regular session at
8:26 p.m.
CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED
SESSION:
General Counsel Brad Hogin reported that the Board voted unanimously in closed
session to approve a settlement with Statewide Safety and Signs, Inc. relating to the
personal injury suit filed by Jamie Maddux. Under the terms of the settlement, the
parties released each other from any and all claims relating to the Maddux lawsuit.
09/24/2014 Minutes of Board Meeting Page 19 of 20
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA
ITEMS, IF ANY:
None .
ADJOURNMENT:
The Chair adjourned the meeting at 8:28 p.m. until the Regular Board Meeting on
October 22, 2014 at 6:30 p.m.
09/24/2014 Minutes of Board Meeting Page 20 of 20