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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