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HomeMy WebLinkAbout07-22-2015 Board Meeting Minutes07/22/2015 Orange County Sanitation District MINUTES BOARD MEETING July 22, 2015 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 July 22, 2015, at 6:03 p.m., in the Administration Building. Director Jones 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 John Nielsen, Chair Allan Bernstein x Gregory Sebourn Doug Chaffee x Lisa Bartlett Michelle Steel x Tom Beamish Rose Espinoza x Steven Choi Lynn Schott x Keith Curry Scott Peotter x Ellery Deaton Sandra Massa-Lavitt x Tyler Diep Joy Neugebauer x James M. Ferryman Bob Ooten x Steven Jones Kris Beard x Jim Katapodis Erik Peterson x Robert Kiley Michael Beverage x Peter Kim Michele Steggell x Lucille Kring Jordan Brandman x Greg Mills Robert Collacott x Richard Murphy Shelley Hasselbrink x Steve Nagel Michael Vo x Glenn Parker Cecilia Hupp x David Shawver Carol Warren x Fred Smith Steve Berry x Teresa Smith Mark Murphy Sal Tinajero x David Benavides x Chad Wanke Constance Underhill x John Withers Douglas Reinhart Mariellen Yarc x Stacy Berry STAFF MEMBERS PRESENT: Jim Herberg, General Manager; Bob Ghirelli, Assistant General Manager; Lorenzo Tyner, Director of Finance & Administrative Services; Ed Torres, Director of Operations & Maintenance; Nick Arhontes, Director of Facility Support Services; Kelly Lore, Clerk of the Board; Jennifer Cabral; Jim Colston; Greg Deterding; Norbert Gaia; Al Garcia; Michelle Hetherington; Dean Fisher; Mark Kawamoto; Javitta Malone; Kelly Newell; Wendy Sevenandt; Richard Spencer; Gina Tetsch and Eros Yong. OTHERS PRESENT: Brad Hagin (General Counsel); James Finete, Savage Finete, APLC 07/22/2015 Minutes of Board Meeting Page 2 of 13 PUBLIC COMMENTS: None. Chair Nielsen announced that the Consent Calendar would be heard before Special Presentations. CONSENT CALENDAR: 1. MOVED, SECONDED, AND DULY CARRIED TO: Approve minutes for the Regular Board Meeting held on June 24, 2015. AYES: Bartlett; Beamish; Benavides (Alternate); Choi; Curry; Diep; Ferryman; Jones; Katapodis; Kiley; Kring; Mills; R. Murphy; Nielsen; Parker; Sebourn; Shawver; F. Smith; T. Smith; Wanke; and Withers. NOES: None ABSTENTIONS: Stacy Berry (Alternate); Deaton; Kim; and Nagel ABSENT: None 2. MOVED, SECONDED, AND DULY CARRIED TO: Adopt Resolution No. OCSD 15-15 entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District commending Tom Beamish for his outstanding contributions and dedication to public service as Chairman of the Orange County Sanitation District Board of Directors." 07/22/2015 AYES: Bartlett; Benavides (Alternate); Stacy Berry (Alternate); Choi; Curry; Deaton; Diep; Ferryman; Jones; Katapodis; Kiley; Kim; Kring; Mills; R. Murphy; Nagel; Nielsen; Parker; Sebourn; Shawver; F. Smith; T. Smith; Wanke; and Withers. NOES: None ABSTENTIONS: Beamish ABSENT: None Minutes of Board Meeting Page 3of13 3. MOVED, SECONDED, AND DULY CARRIED TO: Ratify and approve Amendment No. 1 to the Professional Services Agreement, PSA2013-001, with Koury Engineering & Testing, Inc., to provide on-call Materials Testing, Inspection, and other Geotechnical Testing Services for Collection System and Treatment Plant projects, for an amount not to exceed $125,000, increasing the total contract amount not to exceed $325,000. AYES: Bartlett; Beamish; Benavides (Alternate); Stacy Berry (Alternate); Choi; Curry; Deaton; Diep; Ferryman; Jones; Katapodis; Kiley; Kim; Kring; Mills; R. Murphy; Nagel; Nielsen; Parker; Sebourn; Shawver; F. Smith; T. Smith; Wanke; and Withers. NOES: None ABSTENTIONS: None ABSENT: None 4. MOVED, SECONDED, AND DULY CARRIED TO: A. Receive and file bid tabulation and recommendation for IT Server Room Cooling Improvements, Project No. FE12-10; B. Award a construction contract to ODC Engineering & Technology, Project No. FE12-10, for a total amount not to exceed $281,000; and C. Approve a contingency of $28,100 (10%). 07/22/2015 AYES: Bartlett; Beamish; Benavides (Alternate); Stacy Berry (Alternate); Choi; Curry; Deaton; Diep; Ferryman; Jones; Katapodis; Kiley; Kim; Kring; Mills; R. Murphy; Nagel; Nielsen; Parker; Sebourn; Shawver; F. Smith; T. Smith; Wanke; and Withers. NOES: None ABSTENTIONS: None ABSENT: None Minutes of Board Meeting Page 4of13 5. MOVED, SECONDED, AND DULY CARRIED TO: A. Approve a Task Order with CH2M HILL for Plant Air System Master Plan, Project No. SP-148, On-Call Planning Studies, Contract PLAN2013-04, Task Order No. 1, for an amount not to exceed $187, 100; and B. Approve a contingency of $18,710 (10%). AYES: Bartlett; Beamish; Benavides (Alternate); Stacy Berry (Alternate); Choi; Curry; Deaton; Diep; Ferryman; Jones; Katapodis; Kiley; Kim; Kring; Mills; R. Murphy; Nagel; Nielsen; Parker; Sebourn; Shawver; F. Smith; T. Smith; Wanke; and Withers. NOES: None ABSTENTIONS: None ABSENT: None SPECIAL PRESENTATION Chair Nielsen recognized Past Chair, Tom Beamish as a great public servant, notably lobbying for grant funds for GWRS, and his superb leadership style of allowing everyone to be heard. Chair Nielsen then presented a Certificate of Accomplishment from the City Council of the City of Tustin; a Certificate of Recognition from State Senator Bob Huff; a Certificate of Recognition from Assemblywoman Young Kim; the Resolution of Commendation from OCSD and the official Gavel plaque to Director Beamish. Director Beamish thanked everyone on the Board and staff, and stated that serving as the Chair is challenging, but it had been great. He further stated that it was his honor and pleasure to serve the District as the Chairman of the Board in the footsteps of his mentor Steve Anderson. He is looking forward to another year or more as a Director. General Manager, Jim Herberg presented a service award to Wendy Sevenandt, Division 750, GIP Project Manager-(25 years) REPORTS: Chair Nielsen provided an update from the Legislative Committee meeting including: AB1217; hosted tours; Proposition 84 grant funding; community outreach efforts; GWRS Dedication Ceremony; State of the District -Save the Date October 16, 2015 at 9:00 a.m.; notification that Heather Stratman is no longer with Townsend Affairs and reminded everyone that Committee meetings are dark in August. General Manager Herberg reported on the following: upcoming Nerissa tours; Strategic Plan update interviews and processes and Fleet awards received. 07/22/2015 Minutes of Board Meeting Page 5of13 OPERATIONS COMMITTEE: 6. MOVED, SECONDED, AND DULY CARRIED TO: Approve minutes of the July 1, 2015 meeting of the Operations Committee. AYES: Bartlett; Beamish; Benavides (Alternate); Stacy Berry (Alternate); Choi; Curry; Deaton; Diep; Ferryman; Jones; Katapodis; Kiley; Kim; Kring; Mills; R. Murphy; Nagel; Nielsen; Parker; Sebourn; Shawver; F. Smith; T. Smith; Wanke; and Withers. NOES: None ABSTENTIONS: None ABSENT: None 7. MOVED, SECONDED, AND DULY CARRIED TO: A. Approve a Professional Design Services Agreement with MWH Americas, Inc. to provide engineering design services for the Rehabilitation of Seal Beach Pump Station, Project No. 3-62, for an amount not to exceed $6,917,175; and B. Approve a contingency of $691,718 (10%). AYES: Bartlett; Beamish; Benavides (Alternate); Stacy Berry (Alternate); Choi; Curry; Deaton; Diep; Ferryman; Jones; Katapodis; Kiley; Kim; Kring; Mills; R. Murphy; Nagel; Nielsen; Parker; Sebourn; Shawver; F. Smith; T. Smith; Wanke; and Withers. NOES: None ABSTENTIONS: None ABSENT: None 8. MOVED, SECONDED, AND DULY CARRIED TO: A. Establish a budget for an AquaCritox® Demonstration Project Evaluation Study, Project No. SP-125-17, in the amount of $423,000. B. Approve a Sole Source Professional Services Agreement with SCFI Group Limited to conduct an Evaluation Study for the AquaCritox® Demonstration Project, Project No. SP-125-17, for an amount not to exceed $311,460; and C. Approve a contingency of $31,200 (10%) 07/22/2015 Minutes of Board Meeting Page 6of13 AYES: Bartlett; Beamish; Benavides (Alternate); Stacy Berry (Alternate); Choi; Curry; Deaton; Diep; Ferryman; Jones; Katapodis; Kiley; Kim; Kring; Mills; R. Murphy; Nagel; Nielsen; Parker; Sebourn; Shawver; F. Smith; T. Smith; Wanke; and Withers. NOES: None ABSTENTIONS: None ABSENT: None ADMINISTRATION COMMITTEE: 9. MOVED, SECONDED, AND DULY CARRIED TO: Approve minutes of the July 8, 2015 meeting of the Administration Committee. AYES: Bartlett; Beamish; Benavides (Alternate); Stacy Berry (Alternate); Choi; Curry; Deaton; Diep; Ferryman; Jones; Katapodis; Kiley; Kim; Kring; Mills; R. Murphy; Nagel; Nielsen; Parker; Sebourn; Shawver; F. Smith; T. Smith; Wanke; and Withers. NOES: None ABSTENTIONS: None ABSENT: None 10. MOVED, SECONDED, AND DULY CARRIED TO: Adopt Resolution No. OCSD 15-16 entitled, "A Resolution of the Orange County Sanitation District Board of Directors Adopting the Records Management Program Policy and Procedures, Updated Retention Schedule, Authorizing Destruction of Obsolete Records, and Repealing Resolution No. OCSD 10-12." 07/22/2015 AYES: Bartlett; Beamish; Benavides (Alternate); Stacy Berry (Alternate); Choi; Curry; Deaton; Diep; Ferryman; Jones; Katapodis; Kiley; Kim; Kring; Mills; R. Murphy; Nagel; Nielsen; Parker; Sebourn; Shawver; F. Smith; T. Smith; Wanke; and Withers. NOES: None ABSTENTIONS: None ABSENT: None Minutes of Board Meeting Page 7of13 11. MOVED, SECONDED, AND DULY CARRIED TO: Receive and file the Independent Accountants' Report on Applying Agreed-Upon Procedures from White Nelson Diehl Evans, LLP. AYES: Bartlett; Beamish; Benavides (Alternate); Stacy Berry (Alternate); Choi; Curry; Deaton; Diep; Ferryman; Jones; Katapodis; Kiley; Kim; Kring; Mills; R. Murphy; Nagel; Nielsen; Parker; Sebourn; Shawver; F. Smith; T. Smith; Wanke; and Withers. NOES: None ABSTENTIONS: None ABSENT: None Director Choi departed the meeting at 6:26 p.m. STEERING COMMITTEE: 12. MOVED, SECONDED, AND DULY CARRIED TO: Approve minutes of the June 24, 2015 regular Steering Committee Meeting. AYES: Bartlett; Beamish; Benavides (Alternate); Stacy Berry (Alternate); Curry; Deaton; Diep; Ferryman; Jones; Katapodis; Kiley; Kim; Kring; Mills; R. Murphy; Nagel; Nielsen; Parker; Sebourn; Shawver; F. Smith; T. Smith; Wanke; and Withers. NOES: None ABSTENTIONS: None ABSENT: Choi 13. MOVED, SECONDED, AND DULY CARRIED TO: Receive and File the General Manager's FY 2014 -2015 Work Plan Year End Update. AYES: NOES: 07/22/2015 Bartlett; Beamish; Benavides (Alternate); Stacy Berry (Alternate); Curry; Deaton; Diep; Ferryman; Jones; Katapodis; Kiley; Kim; Kring; Mills; R. Murphy; Nagel; Nielsen; Parker; Sebourn; Shawver; F. Smith; T. Smith; Wanke; and Withers. None Minutes of Board Meeting Page 8 of 13 ABSTENTIONS: None ABSENT: Choi LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE: 14. MOVED, SECONDED, AND DULY CARRIED TO: Approve minutes of the July 13, 2015 meeting of the Legislative and Public Affairs Committee. AYES: Bartlett; Beamish; Benavides (Alternate); Stacy Berry (Alternate); Curry; Deaton; Diep; Ferryman; Jones; Katapodis; Kiley; Kim; Kring; Mills; R. Murphy; Nagel; Nielsen; Parker; Sebourn; Shawver; F. Smith; T. Smith; Wanke; and Withers. NOES: None ABSTENTIONS: None ABSENT: Choi Chair Nielsen recessed the Orange County Sanitation District Board of Directors Meeting at 6:27 p.m. ************************************** 07/22/2015 Minutes of Board Meeting Page 9of13 ORANGE COUNTY SANITATION DISTRICT FINANCING CORPORATION CALL TO ORDER: Chair Nielsen called the Board of Directors, Orange County Sanitation District Financing Corporation meeting to order at 6:27 p.m. ACTIVE DIRECTORS ALTERNATE DIRECTORS x John Nielsen, Chair Allan Bernstein x Gregory Sebourn Doug Chaffee x Lisa Bartlett Michelle Steel x Tom Beamish Rose Espinoza A Steven Choi Lynn Schott x Keith Curry Scott Peotter x Ellery Deaton Sandra Massa-Lavitt x Tyler Diep Joy Neugebauer x James M. Ferryman Bob Ooten x Steven Jones Kris Beard x Jim Katapodis Erik Peterson x Robert Kiley Michael Beverage x Peter Kim Michele Steggell x Lucille Kring Jordan Brandman x Greg Mills Robert Collacott x Richard Murphy Shelley Hasselbrink x Steve Nagel Michael Vo x Glenn Parker Cecilia Hupp x David Shawver Carol Warren x Fred Smith Steve Berry x Teresa Smith Mark Murphy Sal Tinajero x David Benavides x Chad Wanke Constance Underhill x John Withers Douglas Reinhart Mariellen Yarc x Stacy Berry Kelly Lore, 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. 07/22/2015 Minutes of Board Meeting Page 10of13 APPROVAL OF MINUTES: FC-1. Hearing no corrections or amendments made, the minutes for the meeting held on December 17, 2014, were deemed approved as so ordered by the Chair. AYES: Bartlett; Beamish; Benavides (Alternate); Stacy Berry (Alternate); Curry; Deaton; Diep; Ferryman; Jones; Katapodis; Kiley; Kring; Mills; R. Murphy; Nagel; Nielsen; Parker; Sebourn; Shawver; F. Smith; T. Smith; Wanke; and Withers. NOES: None ABSTENTIONS: Kim ABSENT: Choi Director Benavides left the room for the following item. ACTION ITEM: Director of Finance and Administrative Services, Lorenzo Tyner, provided a brief report regarding the outstanding debt of the Corporation. FC-2. MOVED, SECONDED, AND DULY CARRIED TO: Receive and File the Annual Status Report of the Orange County Sanitation District Financing Corporation. AYES: Bartlett; Beamish; Stacy Berry (Alternate); Curry; Deaton; Diep; Ferryman; Jones; Katapodis; Kiley; Kim; Kring; Mills; R. Murphy; Nagel; Nielsen; Parker; Sebourn; Shawver; F. Smith; T. Smith; Wanke; and Withers. NOES: None ABSTENTIONS: None ABSENT: Benavides (Alternate) and Choi Chair Nielsen adjourned the meeting of the Board of Directors, Orange County Sanitation District Financing Corporation at 6:32 p.m. ****************** 07/22/2015 Minutes of Board Meeting Page 11 of 13 Chair Nielsen reconvened the meeting of the Board of Directors, Orange County Sanitation District at 6:32 p.m. Director Benavides returned to the meeting. NON-CONSENT: None. AB 1234 REPORTS: Director Ferryman reported on the following: OCCOG -Strategic planning workshop facilitated by Kris Thalman; SARFA -elected Executive Board, elected Cathy Green as Chair, approved their budget, and stated the Westminster Channel study should be completed in September; and NWRI will be approving a budget next month and Jeff Mosier will be evaluated. Director Ferryman noted that NWRI enjoys a very good reputation. INFORMATION ITEMS: 15. Classification & Compensation Studies -Comparison Agencies. Human Resources Manager, Rich Spencer provided a report on Item 15 including: history and purpose of the study, how the information is received; phases of the study; and criteria used during comparison. Comments were received regarding the lack of private sector comparison. Director Diep departed the meeting at 6:38 p.m. CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS: 54956.9(d)(1) and 54957.6 The Board convened in closed session at 6:38 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 Katapodis departed the meeting at 7:23 p.m. 07/22/2015 Minutes of Board Meeting Page 12of13 RECONVENED IN REGULAR SESSION: The Board reconvened in regular session at 7:25 p.m. CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED SESSION: Brad Hogin, General Counsel, reported that the Board voted unanimously to authorize the Compromise and Release Settlement Agreement with Mark Boyd in the amount of $290,000, plus the Permanent Disability Advances of $57,976.95, for injuries related to his left femur, right hip and right upper extremity. Director Benavides departed the meeting at 7:26 p .m . OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IFANY: Chair Nielsen announced that Senator Moorlach will be touring OCSD on August 14, 2015 at 10:00 a.m. ADJOURNMENT: Chair Nielsen adjourned the meeting at 7:28 p .m. until the Regular Board Meeting on August 26, 2015 at 6:00 p.m. 07/22/2015 Minutes of Board Meeting Page 13of13