HomeMy WebLinkAbout05-28-2014 Board Meeting Minutes05/28/2014
Orange County Sanitation District
MINUTES
BOARD MEETING
May 28, 2014
Administration Building
10844 Ellis Avenue
Fountain Valley, California 92708-7018
Minutes of Board Meeting Page 1 of 13
ROLL CALL
A regular meeting of the Board of Directors of the Orange County Sanitation District was
held on May 28 2014, at 6:35 p.m., in the Administration Building. Chair Troy Edgar
delivered the invocation and led the Pledge of Allegiance.
The Clerk of the Board declared a quorum present as follows:
ACTIVE DIRECTORS ALTERNATE DIRECTORS
x Troy Edgar, Chair Richard Murphy
x Tom Beamish, Vice Chair Rose Espinoza
x David Benavides Sal Tinajero
x Joe Carchio Dave Sullivan
Steven Choi x Christina Shea
x Keith Curry Rush Hill
x Tyler Diep Al Krippner
x James M. Ferryman Bob Ooten
x Gene Hernandez John Anderson
x Steven Jones Kris Beard
Peter Kim x Gerard Goedhart
x Lucille Kring Jordan Brandman
x Michael Levitt Gordon Shanks
x Brett Murdock Roy Moore
x Steve Nagel Michael Vo
x Prakash Narain Doug Bailey
x Scott Nelson Constance Underhill
x Janet Nguyen Shawn Nelson
x John Nielsen Allan Bernstein
x Brad Reese Greg Mills
x Gregory Sebourn Jan Flory
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; Rob Thompson, Director of Engineering, Nick Arhontes, Director of
Facilities Support Services; Lorenzo Tyner, Director of Finance & Administrative
Services; Jeff Reed, Director of Human Resources; Maria E. Ayala, Clerk of the Board;
Angela Brandt; Jennifer Cabral; Jim Colston; Gregg Deterding; Norbert Gaia; Ted
Gerber; Mark Kawamoto; Kelly Lore Andrew Nau; Roya Sohanaki; Paul Spassoff; and
Paula Zellar.
OTHERS PRESENT: Brad Hogin, General Counsel and Bob Ooten (Alternate Director)
05/28/2014 Minutes of Board Meeting Page 2of13
SPECIAL PRESENTATIONS:
Chair Troy Edgar and General Manager Jim Herberg presented Certificates of
Commendation to the following agencies and their respective representatives as
appreciation for their agency's collaborative work with the District over the last 60 years:
National Water Research Institute -Jim Ferryman, NWRI Chairman
Southern California Coastal Water Research Project -Ken Schiff, Deputy
Director
Rob Thompson, Director of Engineering presented 20 year service awards to Mark
Kawamoto, Engineer and Paul M. Spassoff, Office Assistant.
PUBLIC COMMENTS:
None.
REPORTS:
General Manager Herberg reported on the following information: Informative Legislative
Cards; Newport construction project; Award for fleet services, OCSD ranked 13th in
North America; this month's Community outreach efforts -we hosted 14 groups
including a delegation from Korea; and Honor Walk recipients who were approved by
the Steering Committee.
Chair Edgar reported on the following: OCSD/SAWPA Joint Policy Committee update
and the upcoming Chino Basin Desalter tour; OCSD Honor Walk nominees: former
employees Michael Heinz and Marshall Fairres and two previous Board Members,
Steve Anderson, and Jim Silva; and the General Manager's Performance evaluation to
be discussed at the next Steering Committee Meeting.
Chair Edgar announced that when he steps down as Chair of the Board next month he
will also be stepping off the Board.
ELECTIONS:
General Counsel Brad Hagin facilitated the election.
1. MOVED, SECONDED, AND DULY CARRIED:
A. Open nominations for Chair of the Board of Directors (Election to be held at
the regular June Board Meeting, unless only one candidate is nominated).
05/28/2014 Minutes of Board Meeting Page 3of13
Chair Troy Edgar nominated Tom Beamish as Board Chair to be effective
July 1, 2014. Director Reese seconded. There were no further
nominations.
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Beamish; Benavides; Carchio; Edgar; Ferryman;
Goedhart (Alternate) Hernandez; Jones; Kring; Levitt;
Murdock; Nagel; Narain; Nelson; Nguyen; Nielsen;
Reese; Sebourn; Shea (Alternate); F. Smith; T. Smith
and Withers.
None
None
Curry; Diep and Shawver
B. Open nominations for Vice Chair of the Board of Directors (Election to be
held at the regular June Board Meeting, unless only one candidate is
nominated).
Vice-Chair Tom Beamish nominated John Nielsen as Board Vice-Chair to
be effective July 1, 2014. Director Ferryman seconded. There were no
further nominations.
AYES:
NOES:
ABSTENTIONS:
ABSENT:
05/28/2014
Beamish; Benavides; Carchio; Edgar; Ferryman;
Goedhart (Alternate) Hernandez; Jones; Kring; Levitt;
Murdock; Nagel; Narain; Nelson; Nguyen; Nielsen;
Reese; Sebourn; Shea (Alternate); F. Smith; T. Smith
and Withers.
None
None
Curry; Diep and Shawver
Minutes of Board Meeting Page 4of13
RATIFICATION OF PAYMENT OF CLAIMS:
2. MOVED, SECONDED, AND DULY CARRIED: Ratify payment of claims of the
District, by roll call vote, as follows:
Claims Paid for the Period Ending: 04/15/14 04/30/14
Totals
AYES:
NOES:
ABSTENTIONS:
ABSENT:
CONSENT CALENDAR:
$ 6,412,873.43 $ 12,774,929.70
Beamish; Benavides; Carchio; Edgar; Ferryman;
Goedhart (Alternate) Hernandez; Jones; Kring; Levitt;
Murdock; Nagel; Narain; Nelson; Nguyen; Nielsen;
Reese; Shea (Alternate); F. Smith; and Withers.
None
Nguyen; Nielsen; Sebourn and T. Smith
Curry; Diep and Shawver
3. MOVED, SECONDED, AND DULY CARRIED: Approve minutes for the Regular
Board Meeting held on April 23, 2014.
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Beamish; Benavides; Carchio; Edgar; Ferryman;
Goedhart (Alternate) Hernandez; Jones; Kring; Levitt;
Murdock; Nagel; Narain; Nelson; Nguyen; Nielsen;
Reese; Sebourn; Shea (Alternate); F. Smith; T. Smith
and Withers.
None
None
Curry; Diep and Shawver
4. MOVED, SECONDED, AND DULY CARRIED:
A. Receive and file bid tabulation and recommendation; and
B. Award a construction contract to W.M. Lyles, Co. for Activated Sludge
Facility 2 Aeration Basin Effluent Splitter Box Modification, Contract No.
P1-102A, for a total amount not to exceed $273,908; and
C. Approve a contingency of $54,782 (20%).
05/28/2014 Minutes of Board Meeting Page 5of13
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Beamish; Benavides; Carchio; Edgar; Ferryman;
Goedhart (Alternate) Hernandez; Jones; Kring; Levitt;
Murdock; Nagel; Narain; Nelson; Nguyen; Nielsen;
Reese; Sebourn; Shea (Alternate); F. Smith; T. Smith
and Withers.
None
None
Curry; Diep and Shawver
5. MOVED, SECONDED, AND DULY CARRIED: Adopt Resolution No. OCSD
14-05, authorizing Financial and Legal Commitment of Funding Agreement and
Related Documents for Funding under the U.S. Bureau of Reclamation, Water
2025, directing staff to apply for a grant up to $450,000 for the Effluent Reuse
Study, Project No. SP-173.
AYES:
NOES:
ABSTENTIONS:
ABSENT:
OPERATIONS COMMITTEE:
Beamish; Benavides; Carchio; Edgar; Ferryman;
Goedhart (Alternate) Hernandez; Jones; Kring; Levitt;
Murdock; Nagel; Narain; Nelson; Nguyen; Nielsen;
Reese; Sebourn; Shea (Alternate); F. Smith; T. Smith
and Withers.
None
None
Curry; Diep and Shawver
6. MOVED, SECONDED, AND DULY CARRIED: Approve minutes for the
Committee Meeting held on May 7, 2014.
AYES:
NOES:
ABSTENTIONS:
ABSENT:
05/28/2014
Beamish; Benavides; Carchio; Edgar; Ferryman;
Goedhart (Alternate) Hernandez; Jones; Kring; Levitt;
Murdock; Nagel; Narain; Nelson; Nguyen; Nielsen;
Reese; Sebourn; Shea (Alternate); F. Smith; T. Smith
and Withers.
None
None
Curry; Diep and Shawver
Minutes of Board Meeting Page 6of13
7. MOVED, SECONDED, AND DULY CARRIED: Approve a three-year
Memorandum of Understanding with California State University, Fullerton
Auxiliary Services Corporation for Operation of the Center for Demographic
Research, for the period July 1, 2014 through June 30, 2017, for a total amount
not to exceed $239,344.
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Beamish; Benavides; Carchio; Edgar; Ferryman;
Goedhart (Alternate) Hernandez; Jones; Kring; Levitt;
Murdock; Nagel; Narain; Nelson; Nguyen; Nielsen;
Reese; Sebourn; Shea (Alternate); F. Smith; T. Smith
and Withers.
None
None
Curry; Diep and Shawver
8. MOVED, SECONDED, AND DULY CARRIED:
A.· Terminate the agreement of May 1, 2007, between OCSD and SCCWRP,
which provided use of OCSD laboratory facilities; and
B. Direct the General Manager of OCSD to notify the Executive Director of
SCCWRP of the decision to terminate this agreement effective three
months from the date of the notice.
AYES: Beamish; Benavides; Carchio; Edgar; Ferryman;
Goedhart (Alternate) Hernandez; Jones; Kring; Levitt;
Murdock; Nagel; Narain; Nelson; Nguyen; Nielsen;
Reese; Sebourn; Shea (Alternate); F. Smith; T. Smith
and Withers.
NOES: None
ABSTENTIONS: None
ABSENT: Curry; Diep and Shawver
9. MOVED, SECONDED, AND DULY CARRIED:
A. Approve Change Order No. 2 to Purchase Order 104627-0B to Olin Chlor
Alkali Products, for the Purchase of sodium hypochlorite, Specification No.
C-2012-536 authorizing a unit price increase of $0.05 per gallon for a new
total unit price of $0.489/gallon delivered, plus applicable sales tax, for the
05/28/2014 Minutes of Board Meeting Page 7of13
period beginning September 1, 2014 through August 31, 2015, and for all
subsequent contract renewal periods; and
8. Approve a 10% annual unit price contingency.
AYES: Beamish; Benavides; Carchio; Edgar; Ferryman;
Goedhart (Alternate) Hernandez; Jones; Kring; Levitt;
Murdock; Nagel; Narain; Nelson; Nguyen; Nielsen;
Reese; Sebourn; Shea (Alternate); F. Smith; T. Smith
and Withers.
NOES: None
ABSTENTIONS: None
ABSENT: Curry; Diep and Shawver
10. MOVED, SECONDED, AND DULY CARRIED:
A. Award a Contract to Polydyne Inc. for the purchase of Cationic Polymer,
Specification No. C-2013-591 BO, for a unit price of $2.425 per active
pound delivered for Solution Polymer (WE-192) plus applicable sales tax,
and $2.225 per active pound delivered for Mannich Polymer (C-331) plus
applicable sales tax, and $2.929 per active pound delivered for Emulsion
Polymer (WE-1233) plus applicable sales tax, and $2.643 per active
pound delivered for Emulsion Polymer (WE-1328) plus applicable sales
tax, for a total estimated amount of $1,650, 100 for the period July 1, 2014
through June 30, 2015, with four one-year renewal options; and
B. Approve a 10% annual unit price contingency.
AYES: Beamish; Benavides; Carchio; Edgar; Ferryman;
Goedhart (Alternate) Hernandez; Jones; Kring; Levitt;
Murdock; Nagel; Narain; Nelson; Nguyen; Nielsen;
Reese; Sebourn; Shea (Alternate); F. Smith; T. Smith
and Withers.
NOES: None
ABSTENTIONS: None
ABSENT: Curry; Diep and Shawver
05/28/2014 Minutes of Board Meeting Page 8 of 13
11. MOVED, SECONDED, AND DULY CARRIED:
A Approve Amendment No. 6 to the Professional Design Services
Agreement with Tetra Tech, Inc., providing for additional engineering
services for Gisler-Redhill System Improvements, Reach B, Contract No.
7-37, for an additional amount of $416,000 increasing the total amount not
to exceed $1,475,479; and
B. Approve a contingency increase for an additional amount of $73,774 (5%).
AYES: Beamish; Benavides; Carchio; Edgar; Ferryman;
Goedhart (Alternate) Hernandez; Jones; Kring; Levitt;
Murdock; Nagel; Narain; Nelson; Nguyen; Nielsen;
Reese; Sebourn; Shea (Alternate); F. Smith; T. Smith
and Withers.
NOES: None
ABSTENTIONS: None
ABSENT: Curry; Diep and Shawver
ADMINISTRATION COMMITTEE -CONSENT:
12. MOVED, SECONDED, AND DULY CARRIED: Approve minutes for the
Committee Meeting held on May 14, 2014.
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Beamish; Benavides; Carchio; Edgar; Ferryman;
Goedhart (Alternate) Hernandez; Jones; Kring; Levitt;
Murdock; Nagel; Narain; Nelson; Nguyen; Nielsen;
Reese; Sebourn; Shea (Alternate); F. Smith; T. Smith
and Withers.
None
None
Curry; Diep and Shawver
13. MOVED, SECONDED, AND DULY CARRIED: Approve not-to-exceed numbers
as follows, with the understanding that the Sanitation District's insurance broker
will continue to negotiate with insurers to seek the lowest possible premiums
prior to the expiration date of the current major insurance policies:
A. Excess liability insurance -$390,224; and
B. Excess workers compensation insurance - a rate of $0.3408 per $100 of
payroll (estimated premium at $223,000); and
05/28/2014 Minutes of Board Meeting Page 9of13
C. Property and Boiler & Machinery combined -$705,830.
AYES: Beamish; Benavides; Carchio; Edgar; Ferryman;
Goedhart (Alternate) Hernandez; Jones; Kring; Levitt;
Murdock; Nagel; Narain; Nelson; Nguyen; Nielsen;
Reese; Sebourn; Shea (Alternate); F. Smith; T. Smith
and Withers.
NOES: None
ABSTENTIONS: None
ABSENT: Curry; Diep and Shawver
14. MOVED, SECONDED, AND DULY CARRIED:
A. Authorize the General Manager to enter into contracts for Temporary
Employment Services (Specification No.CS-2009-421 BD) for a one-year
period (July 1, 2014 through June 30, 2015), for a total amount not to
exceed $550,000 per year, with a 5% annual aggregate escalation factor,
with four one-year renewal options; and
B. Authorize the General Manager to add or delete such firms as necessary
to meet work requirements as identified by the Human Resources
Department.
AYES: Beamish; Benavides; Carchio; Edgar; Ferryman;
Goedhart (Alternate) Hernandez; Jones; Kring; Levitt;
Murdock; Nagel; Narain; Nelson; Nguyen; Nielsen;
Reese; Sebourn; Shea (Alternate); F. Smith; T. Smith
and Withers.
NOES: None
ABSTENTIONS: None
ABSENT: Curry; Diep and Shawver
ADMINISTRATION COMMITTEE -NON-CONSENT:
15. MOVED, SECONDED, AND DULY CARRIED:
A. Introduce Ordinance No. OCSD-46, entitled "An Ordinance of the Board of
Directors of the Orange County Sanitation District amending Section 2.03
of Article II of Ordinance No. OCSD-41 concerning rebates and refunds of
Sanitary Sewer Service Charges."
05/28/2014 Minutes of Board Meeting Page 10of13
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Beamish;
Goedhart
Murdock;
Sebourn;
Withers.
Nguyen
None
Benavides; Carchio; Edgar; Ferryman;
(Alternate) Hernandez; Jones; Kring; Levitt;
Nagel; Narain; Nelson; Nielsen; Reese;
Shea (Alternate); F. Smith; T. Smith and
Curry; Diep and Shawver
MOVED, SECONDED, AND DULY CARRIED:
B. Motion to read Ordinance No. OCSD-46 by title only and waive reading of
said entire Ordinance on May 28, 2014; and
C. Set June 25, 2014 as the date for the second reading and adoption of
Ordinance No. OCSD-46; and
D. Direct the Clerk of the Board to publish summaries of the Ordinance as
required by law.
AYES:
NOES:
ABSTENTIONS:
ABSENT:
STEERING COMMITTEE:
Beamish;
Goedhart
Murdock;
Sebourn;
Withers.
Nguyen
None
Benavides; Carchio; Edgar; Ferryman;
(Alternate) Hernandez; Jones; Kring; Levitt;
Nagel; Narain; Nelson; Nielsen; Reese;
Shea (Alternate); F. Smith; T. Smith and
Curry; Diep and Shawver
16. MOVED, SECONDED, AND DULY CARRIED: Approve minutes for the Steering
Committee Meeting held on April 23, 2014.
AYES:
05/28/2014
Beamish; Benavides; Carchio; Edgar; Ferryman;
Goedhart (Alternate) Hernandez; Jones; Kring; Levitt;
Murdock; Nagel; Narain; Nelson; Nguyen; Nielsen;
Reese; Sebourn; Shea (Alternate); F. Smith; T. Smith
and Withers.
Minutes of Board Meeting Page 11 of 13
NOES: None
ABSTENTIONS: None
ABSENT: Curry; Diep and Shawver
17. MOVED, SECONDED, AND DULY CARRIED: Authorize the General Manager
or his designee to vote on behalf of the Orange County Sanitation District in
support of the California Association of Sanitation Agencies' new bylaws via
ballot due on June 16, 2014.
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Beamish; Benavides; Carchio; Edgar; Ferryman;
Goedhart (Alternate) Hernandez; Jones; Kring; Levitt;
Murdock; Nagel; Narain; Nelson; Nguyen; Nielsen;
Reese; Sebourn; Shea (Alternate); F. Smith; T. Smith
and Withers.
None
None
Curry; Diep and Shawver
LEGISLATIVE AND PUBLIC AFFAIRS SPECIAL COMMITTEE:
18. MOVED, SECONDED, AND DULY CARRIED: Receive and file the minutes of
the May 12, 2014 meeting of the Legislative and Public Affairs Special
Committee.
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Beamish; Benavides; Carchio; Edgar; Ferryman;
Goedhart (Alternate) Hernandez; Jones; Kring; Levitt;
Murdock; Nagel; Narain; Nelson; Nguyen; Nielsen;
Reese; Sebourn; Shea (Alternate); F. Smith; T. Smith
and Withers.
None
None
Curry; Diep and Shawver
Chair Edgar presented a brief update to the Board on Legislative matters
including: Advisability of rebranding the Sanitation District to emphasize "clean
water" rather "waste water" and District Governance Bill SB946.
Director Curry arrived at 7:10 p.m.
05/28/2014 Minutes of Board Meeting Page 12of13
AB 1234 REPORTS:
Director Ferryman reported on his recent meetings as part of the following Boards:
• SARFPA; OCCOG; and NWRI.
CLOSED SESSION
CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE
SECTIONS : 54956 .9(d)(1 )(2)(4))
The Board convened in closed session at 7:14 p.m. to discuss five 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 Janet Nguyen left the meeting at 7:27 p.m.
RECONVENED IN REGULAR SESSION: The Committee reconvened in regular
sess ion at 7 :51 p.m .
Consideration of action, if any, on matters considered in closed session.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA
ITEMS, IF ANY:
Cha ir Edgar thanked staff for the great job they did with the State fo the District event.
He also asked everyone to try to make it to the . Honor Walk Ceremony prior to next
month's Board Meet ing.
ADJOURNMENT:
The Chair adjourned the meeting at 7:52 p.m., until the next Regular Board Meeting on
June 25, 2014 at 6 :30 p.m.
05/28/20 14 Minutes of Board Meeting Page 13of13