HomeMy WebLinkAbout09-23-2015 Board Meeting Minutes09/23/2015
Orange County Sanitation District
MINUTES
BOARD MEETING
September 23, 2015
Administration Building
10844 Ellis Avenue
Fountain Valley, California 92708-7018
Minutes of Board Meeting Page 1 of 11
ROLL CALL
A regular meeting of the Board of Directors of the Orange County Sanitation District was
held on September 23, 2015, at 6:03 p.m., in the Administration Building. Director
Beamish 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
A Tyler Diep Joy Neugebauer
A 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
Lucille Kring x 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
x Sal Tinajero David Benavides
Chad Wanke x Constance Underhill
x John Withers Douglas Reinhart
x Mariellen Yarc Stacy Berry
STAFF MEMBERS PRESENT: Jim Herberg, General Manager; Bob Ghirelli, Assistant
General Manager; Rob Thompson, Director of Engineering, 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; Rhea De Guzman; Mark Esquer; Norbert Gaia; Al Garcia; Tim Luu; Laura
Maravilla; Jeff Mohr; Sarah Redinger; Richard Spencer; Christine Stanford and Paula
Zeller.
09/23/2015 Minutes of Board Meeting Page 2of11
OTHERS PRESENT: Brad Hogin (General Counsel); and Roger A. Cerda, Esq., Alston
& Bird LLP.
PUBLIC COMMENTS:
None.
SPECIAL PRESENTATIONS
None.
REPORTS:
Chair Nielsen provided a report on Legislative Affairs including: H.R. 3353 -Clean Water
Act Citizen Suit Reform and the California Emergency Drought Relief Assistance bill
(S. 1894 ); and drafting letters of support for both of these bills for action by the Committee
in October. He stated that Townsend Public Affairs team attended the Committee this
month and provided a State political update as well as a briefing on SB 350. He stated
that at his request, staff is working with CASA to attend an upcoming LaPA Committee to
present their legislative platform; and also working with ACC-OC to coordinate an event
that will be hosted here at OCSD in the future, to tour both OCSD and GWRS with a
presentation by SAWPA and OCSD.
Chair Nielsen further reported on recent Communicator Awards received; educational
outreach efforts which allowed OCSD to reach approximately 1,300 people through tours
and events in the month of July and August; and the expansion of OCSD's tour program
both in number of visitors (13%) as well as the number of tours offered. He also reminded
the Board of the upcoming State of the District event to be held on October 16, 2015.
General Manager Jim Herberg informed the directors of the District's preparations for the
anticipated wet weather associated with El Nino, including training exercises, drills and
coordinating with local, regional and federal agencies on preparedness efforts. He
attended a meeting today at the Orange County EOG with QC Flood Control to work
together to protect our flood channels and the plant.
Mr. Herberg announced an upcoming Special Board Meeting to be held on October 21,
2015 at 6:00 p.m. to discuss the Strategic Plan Update and the OCSD District tour for
State Senator Janet Nguyen on October 28th. He also stated that on Sept. 15th the GWRS
hit 100 mgd.
09/23/2015 Minutes of Board Meeting Page 3of11
CONSENT CALENDAR:
1. APPROVAL OF MINUTES (Clerk of the Board)
MOVED. SECONDED. AND DULY CARRIED TO: Approve minutes of the
Regular Board of Directors Meeting held on August 26, 2015.
AYES: Bartlett; Beamish; Choi; Curry; Deaton; Katapodis; Kiley; Kim;
Mills; R. Murphy; Nielsen; Parker; Sebourn; Shawver;
F. Smith; Tinajero; Withers and Yarc
NOES: None
ABSTENTIONS: Underhill (Alternate)
Brandman (Alternate); Diep; Ferryman; Jones; Nagel; and
ABSENT: T. Smith
2. REPAIR TO MANHOLE STRUCTURES OF WARNER AVENUE RELIEF
SEWER, PROJECT NO. FR12-003 (Nick Arhontes)
MOVED. SECONDED. AND DULY CARRIED TO: Ratify Change Order No. 2 to
the Repair to Manhole Structures of Warner Avenue Relief Sewer, Project No.
FR12-003, with Mode Engineering, authorizing an additional $416,068, increasing
the total contract amount to $791,473.
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Bartlett; Beamish; Choi; Curry; Deaton; Katapodis; Kiley; Kim;
Mills; R. Murphy; Nielsen; Parker; Sebourn; Shawver;
F. Smith; Tinajero; Underhill (Alternate); Withers and Yarc
None
None
Brandman (Alternate); Diep; Ferryman; Jones; Nagel; and
T. Smith
Director Nagel arrived at 6:16 p.m.
OPERATIONS COMMITTEE:
3. APPROVAL OF MINUTES (Clerk of the Board)
MOVED, SECONDED. AND DULY CARRIED TO: Approve minutes of the
September 2, 2015 meeting of the Operations Committee Meeting.
AYES:
NOES:
ABSTENTIONS:
ABSENT:
09/23/2015
Bartlett; Beamish; Choi; Curry; Deaton; Katapodis; Kiley; Kim;
Mills; R. Murphy; Nagel; Nielsen; Parker; Sebourn; Shawver;
F. Smith; Tinajero; Underhill (Alternate); Withers and Yarc
None
None
Brandman (Alternate); Diep; Ferryman; Jones; and T. Smith
Minutes of Board Meeting Page 4of11
4. PURCHASE OF A LIQUID CHROMATOGRAPHY -MASS SPECTROMETRY
SYSTEM (Ed Torres)
MOVED, SECONDED. AND DULY CARRIED TO: Award a purchase order to
Agilent Technologies, Inc., for a Liquid Chromatography/Mass Spectrometry
Instrument with an On-Line Solid Phase Extraction, Specification No. E-2015-
645BD-R2, for a total amount not to exceed $465,330.
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Bartlett; Beamish; Choi; Curry; Deaton; Katapodis; Kiley; Kim;
Mills; R. Murphy; Nagel; Nielsen; Parker; Sebourn; Shawver;
F. Smith; Tinajero; Underhill (Alternate); Withers and Yarc
None
None
Brandman (Alternate); Diep; Ferryman; Jones; and T. Smith
5. SOLIDS THICKENING AND PROCESSING AT PLANT NO. 2, PROJECT
NO. P2-89 (Rob Thompson)
MOVED, SECONDED, AND DULY CARRIED TO: Approve a contingency
increase of $526,868 (2%) to the construction contract with W.M. Lyles Company
(WML) for Solids Thickening and Processing at Plant No. 2, Project No. P2-89, for
a total contingency of $2,634,340 (10%).
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Bartlett; Beamish; Choi; Curry; Deaton; Katapodis; Kiley; Kim;
Mills; R. Murphy; Nagel; Nielsen; Parker; Sebourn; Shawver;
F. Smith; Tinajero; Underhill (Alternate); Withers and Yarc
None
None
Brandman (Alternate); Diep; Ferryman; Jones; and T. Smith
ADMINISTRATION COMMITTEE:
6. APPROVAL OF MINUTES (Clerk of the Board)
MOVED. SECONDED. AND DULY CARRIED TO: Approve minutes of the
September 9, 2015 meeting of the Administration Committee Meeting.
AYES:
NOES:
ABSTENTIONS:
ABSENT:
09/23/2015
Bartlett; Beamish; Choi; Curry; Deaton; Katapodis; Kiley; Kim;
Mills; R. Murphy; Nagel; Nielsen; Parker; Sebourn; Shawver;
F. Smith; Tinajero; Underhill (Alternate); Withers and Yarc
None
None
Brandman (Alternate); Diep; Ferryman; Jones; and T. Smith
Minutes of Board Meeting Page 5of11
7. REIMBURSEMENTS TO BOARD MEMBERS AND STAFF (Lorenzo Tyner)
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 July 1, 2014 through June 30, 2015.
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Bartlett; Beamish; Choi; Curry; Deaton; Katapodis; Kiley; Kim;
Mills; R. Murphy; Nagel; Nielsen; Parker; Sebourn; Shawver;
F. Smith; Tinajero; Underhill (Alternate); Withers and Yarc
None
None
Brandman (Alternate); Diep; Ferryman; Jones; and T. Smith
8. GENERAL MANAGER APPROVED PURCHASES (Lorenzo Tyner)
MOVED, SECONDED, AND DULY CARRIED TO: Receive and file District
purchases made under the General Manager's authority for the· period of April 1,
2015 -June 30, 2015.
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Bartlett; Beamish; Choi; Curry; Deaton; Katapodis; Kiley; Kim;
Mills; R. Murphy; Nagel; Nielsen; Parker; Sebourn; Shawver;
F. Smith; Tinajero; Underhill (Alternate); Withers and Yarc
None
None
Brandman (Alternate); Diep; Ferryman; Jones; and T. Smith
9. UPDATE TO OCSD PERSONNEL POLICIES AND PROCEDURES MANUAL
(Bob Ghirelli)
MOVED, SECONDED, AND DULY CARRIED TO: Adopt Resolution No. OCSD
15-18 entitled, "A Resolution of the Board of Directors of Orange County Sanitation
District approving a Board of Directors Personnel Policies and Procedures Manual
providing for classification, compensation, and other terms, conditions, policies,
and procedures governing employment of District employees; and repealing
Resolution No. OCSD 98-33 and all associated amendments."
AYES:
NOES:
ABSTENTIONS:
ABSENT:
STEERING COMMITTEE:
Bartlett; Beamish; Choi; Curry; Deaton; Katapodis; Kiley; Kim;
Mills; R. Murphy; Nagel; Nielsen; Parker; Sebourn; Shawver;
F. Smith; Tinajero; Underhill (Alternate); Withers and Yarc
None
None
Brandman (Alternate); Diep; Ferryman; Jones; and T. Smith
10. APPROVAL OF MINUTES (Clerk of the Board)
MOVED, SECONDED, AND DULY CARRIED TO: Approve minutes of the August
26, 2015 meeting of the Steering Committee.
09/23/2015 Minutes of Board Meeting Page 6of11
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Bartlett; Beamish; Choi; Curry; Deaton; Katapodis; Kiley; Kim;
Mills; R. Murphy; Nagel; Nielsen; Parker; Sebourn; Shawver;
F. Smith; Tinajero; Underhill (Alternate); Withers and Yarc
None
None
Brandman (Alternate); Diep; Ferryman; Jones; and T. Smith
11. GENERAL MANAGER'S FY 2015-2016 WORK PLAN (Jim Herberg)
MOVED. SECONDED. AND DULY CARRIED TO: Receive and file the General
Manager's FY 2015-16 Work Plan.
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Bartlett; Beamish; Choi; Curry; Deaton; Katapodis; Kiley; Kim;
Mills; R. Murphy; Nagel; Nielsen; Parker; Sebourn; Shawver;
F. Smith; Tinajero; Underhill (Alternate); Withers and Yarc
None
None
Brandman (Alternate); Diep; Ferryman; Jones; and T. Smith
12. SALES TAXES FOR CHEMICAL PURCHASES (Brad Hogin)
MOVED. SECONDED. AND DULY CARRIED TO: Approve Sole Source
Agreements for Tax Consulting and Advocacy Services with Equity Recovery
Solutions and Reed Smith regarding pursuit of refunds for sales tax paid on
chemical purchases.
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Bartlett; Beamish; Choi; Curry; Deaton; Katapodis; Kiley; Mills;
R. Murphy; Nagel; Nielsen; Parker; Sebourn; Shawver;
F. Smith; Tinajero; Underhill (Alternate); Withers and Yarc
None
Kim
Brandman (Alternate); Diep; Ferryman; Jones; and T. Smith
13. CLASSIFICATION & COMPENSATION STUDIES-COMPARISON AGENCIES
(Bob Ghirelli)
MOVED. SECONDED. AND DULY CARRIED TO: Approve the list of 17
comparison agencies selected by OCSD in collaboration with stakeholder groups,
and begin the next phase of the Classification & Compensation Studies, which
includes a labor market survey.
AYES:
NOES:
ABSTENTIONS:
ABSENT:
09/23/2015
Bartlett; Beamish; Choi; Curry; Deaton; Katapodis; Kiley; Kim;
Mills; R. Murphy; Nagel; Nielsen; Parker; Sebourn; Shawver;
F. Smith; Tinajero; Underhill (Alternate); Withers and Yarc
None
None
Brandman (Alternate); Diep; Ferryman; Jones; and T. Smith
Minutes of Board Meeting Page 7of11
LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE:
14. APPROVAL OF MINUTES (Clerk of the Board)
MOVED. SECONDED. AND DULY CARRIED TO: Approve minutes of the
September 14, 2015 meeting of the Legislative and Public Affairs Committee.
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Bartlett; Beamish; Choi; Curry; Deaton; Katapodis; Kiley; Kim;
Mills; R. Murphy; Nagel; Nielsen; Parker; Sebourn; Shawver;
F. Smith; Tinajero; Underhill (Alternate); Withers and Yarc
None
None
Brandman (Alternate); Diep; Ferryman; Jones; and T. Smith
Director T. Smith arrived at 6:20 p.m.
NON-CONSENT CALENDAR:
Assistant General Manager Bob Ghirelli provided a brief report regarding Item 15.
15. LOCAL 501 MOU REOPENERS FOR ARTICLE 19-STANDBY PAY, ARTICLE
26 -SHIFT DIFFERENTIAL, & ARTICLE 49.2 -RELIEF OPERATOR
(Bob Ghirelli)
MOVED, SECONDED. AND DULY CARRIED TO: Adopt Resolution No. OCSD
15-19, entitled, "A Resolution of the Board of Directors of the Orange County
Sanitation District Approving Standby Pay Changes Identified through the
International Union of Operating Engineers Local 501 (Local 501) 2015 Reopener
Negotiations."
A roll call vote was taken by the Clerk of the Board as follows:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Bartlett; Beamish; Choi; Curry; Deaton; Kiley; R. Murphy;
Nagel; Nielsen; Parker; Sebourn; Shawver; F. Smith; T. Smith;
Tinajero; Underhill (Alternate) Withers and Yarc
Katapodis; Kim and Mills
None
Brandman (Alternate); Diep; Ferryman and Jones
Director Jones arrived at 6:25 p.m.
General Manager Jim Herberg, introduced item 16 and provided a brief
presentation and answered questions from the board regarding: accomplishments
of agencies; compensation & class comparisons; timing of approval; specialized
positions; performance based increases; market value v. relative value; control
points; importance of value in position and critical departments.; prioritization and
categorization of the range; employee pension contributions; retroactive pay to
mirror bargaining units; and managers lost to other agencies.
09/23/2015 Minutes of Board Meeting Page 8of11
16. EXECUTIVE MANAGEMENT TEAM COMPENSATION AND BENEFITS AND
MANAGER GROUP COMPENSATION (Jim Herberg)
MOVED. SECONDED, AND DULY CARRIED TO:
A. Adopt Resolution No. OCSD 15-20 entitled, "A Resolution of the Board of
Directors of the Orange County Sanitation District approving salary
increases, salary range adjustments, performance-based increases, the
distribution of any remaining funds based on changes to scope, duties or
responsibilities and changes to benefits for At-Will Executive Management
Team employees for Fiscal Year 2015-2016," authorizing the General
Manager to implement a base building salary increase and corresponding
salary range adjustment of 2% retroactive to July 10, 2015; a performance-
based base building increase at the discretion of the General Manager; the
distribution of any remaining funds, as a non-base building payment, to
specific Executive Management Team incumbents based on changes to
scope, duties or responsibilities; and a one-time irrevocable election for the
Executive Management T earn to transition from Executive Benefits to
Organizational Benefits, for a total NTE amount of $78,688.
A roll call vote was taken by the Clerk of the Board as follows:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Bartlett; Beamish; Choi; Curry; Deaton; Jones; Katapodis;
Kiley; Mills; R. Murphy; Nagel; Nielsen; Parker; Sebourn;
Shawver; F. Smith; T. Smith; Tinajero; Underhill (Alternate)
Withers and Yarc
Kim
None
Brandman (Alternate); Diep and Ferryman
MOVED. SECONDED. AND DULY CARRIED TO:
B. Adopt Resolution No. OCSD 15-21 entitled, "A Resolution of the Board of
Directors of the Orange County Sanitation District approving changes to the
salary schedule, salary increases, performance-based increases, and the
distribution of any remaining funds based on changes to scope, duties or
responsibilities for unrepresented management employees for Fiscal Year
2015-2016," authorizing the General Manager to implement changes to the
Manager Group salary schedule that eliminates the control point and
reduces the range maximum; a base building salary increase of 2%
retroactive to July 10, 2015; a performance-based base building increase
at the discretion of the General Manager and Department Head; and the
distribution of any remaining funds, as a non-base building payment, to
specific Manager Group incumbents based on changes to scope, duties or
responsibilities, for a total NTE amount of $114,000.
09/23/2015 Minutes of Board Meeting Page 9 of 11
A roll call vote was taken by the Clerk of the Board as follows:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
AB 1234 REPORTS:
None.
INFORMATION ITEMS:
None.
Bartlett; Beamish; Choi; Curry; Deaton; Jones; Katapodis;
Kiley; Mills; R. Murphy; Nagel; Nielsen; Parker; Sebourn;
Shawver; F. Smith; T. Smith; Tinajero; Underhill (Alternate)
Withers and Yarc
Kim
None
Brandman (Alternate); Diep and Ferryman
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.
Alternate Director Brandman arrived during Closed Session at 6:55 p.m.
RECONVENED IN REGULAR SESSION:
The Board reconvened in regular session at 7:24 p.m.
CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED
SESSION:
None.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS,
IFANY:
Chair Nielsen, stated that it was the consensus of the Board that General Manager Jim
Herberg is doing an excellent job; noting his dedication, always doing what is right, saving
money for the taxpayers, providing a safe environment, and looking forward to cutting
edge technology.
09/23/2015 Minutes of Board Meeting Page 10of11
ADJOURNMENT:
At 7:25 p.m. Chair Nielsen adjourned the meeting until the Special Board Meeting on
October 21, 2015 at 6:00 p.m.
09/23/2015 Minutes of Board Meeting Page 11 of 11