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HomeMy WebLinkAbout11-18-2015 Board Meeting Minutes11/18/2015 Orange County Sanitation District MINUTES BOARD MEETING November 18, 2015 Administration Building 10844 Ellis Avenue Fountain Valley, California 92708-7018 Minutes of Board Meeting Page 1 of 12 ROLL CALL A regular meeting of the Board of Directors of the Orange County Sanitation District was held on November 18, 2015, at 6:03 p.m., in the Administration Building. Director Murphy 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 x Joy Neugebauer x James M. Ferryman Bob Ooten Steven Jones x 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 A Fred Smith Steve Berry x Teresa Smith Mark Murphy A Sal Tinajero David Benavides x Chad Wanke Constance Underhill x John Withers Douglas Reinhart x Mariellen Yarc Stacy Berry STAFF MEMBERS PRESENT: Jim Herberg, General Manager; Bob Ghirelli, Assistant General Manager; Lorenzo Tyner, Director of Finance & Administrative Services; Rob Thompson, Director of Engineering; Celia Chandler, Director of Human Resources; Nick Arhontes, Director of Facility Support Services; Ed Torres, Director of Operations & Maintenance; Kelly Lore, Clerk of the Board; Jennifer Cabral; Anne Marie Feery; Norbert Gaia; Al Garcia; Jeff Mohr; Cori Voss; and Paula Zeller. OTHERS PRESENT: Kendra Carney (Associate General Counsel); Alan Bernstein (Alternate Director Tustin) and Michael Beverage (Alternate Director YLWD); Bill Vanderwerff, EOCWD; Doug Davert, EOCWD; Lisa Ohlund, EOCWD; Brian Lochrie, 11/18/2015 Minutes of Board Meeting Page 2of12 EOCWD; Paul Cook, IRWD; Carolyn Emery, OC LAFCO; Donna Sutton, FCA; Barbara Sabatino; Debbie Knox, North Tustin resident; and Donald Bauer, North Tustin resident. PUBLIC COMMENTS: Chair Nielsen asked that public comments related to Item 19 be deferred to that time. SPECIAL PRESENTATIONS: Richard Spencer, Human Resources and Risk Management Manager announced the Safety Contest Winners and presented certificates to the following: Eliza Lambertz - Category 1 Grand Prize Winner; Meghan Paik -Category 2 Grand Prize Winner; Jocelyn Dorman -Category 3 Grand Prize Winner; Samantha Ariston -Category 4 Grand Prize Winner; and Runner Up Winners: Madelynn Terry, Kyle Dorman, Brynn Gonzalez, Adelle Holleman, and Rosalie Mirella. (Not Present: Amanda Collins, Kyle Ritscher and Shannon Shay.) REPORTS: Chair Nielsen provided an update from the Legislative and Public Affairs (LAPA) Committee including: educational outreach, tours and events. He also stated that Adam Link, Director of Government Affairs with CASA had presented the 2016 Legislative Platform of that agency to the Committee. General Manager Jim Herberg informed the Directors of the planned reorganization of the District, including the departure of Director of Facilities Support Services, Nick Arhontes in March, and acknowledged his 27 years with the District. CONSENT CALENDAR: 1. APPROVAL OF MINUTES (Clerk of the Board) MOVED, SECONDED, AND DULY CARRIED TO: A. Approve the minutes of the Special Board of Directors Meeting held on October 21, 2015; and B. Approve the minutes of the Regular Board of Directors Meeting held on October 28, 2015. AYES: NOES: ABSTENTIONS: ABSENT: 11/18/2015 Bartlett; Beamish; Beard (Alternate); Choi; Deaton; Ferryman; Katapodis; Kiley; Kring; Mills; R. Murphy; Nagel; Neugebauer (Alternate); Nielsen; Parker; Sebourn; Shawver; Wanke; Withers and Yarc None Curry (1A) and Kim (1A) F. Smith; T. Smith; and Tinajero Minutes of Board Meeting Page 3 of 12 OPERATIONS COMMITTEE: 2. PROPOSED BOARD OF DIRECTORS & COMMITTEE MEETING DATES FOR YEAR 2016. (Bob Ghirelli) MOVED, SECONDED. AND DULY CARRIED TO: Approve the calendar of meeting dates for the 2016 calendar year for meetings of the Board of Directors and the following Committees: Administration, Legislative and Public Affairs, Operations, and Steering. AYES: NOES: ABSTENTIONS: ABSENT: Bartlett; Beamish; Beard (Alternate); Choi; Curry; Deaton; Ferryman; Katapodis; Kiley; Kim; Kring; Mills; R. Murphy; Nagel; Neugebauer (Alternate); Nielsen; Parker; Sebourn; Shawver; Wanke; Withers and Yarc None None F. Smith; T. Smith; and Tinajero 3. EXTENSION OF LICENSE AGREEMENT FOR OPERATION OF HYDROGEN DISPENSING STATION (Nick Arhontes) MOVED. SECONDED, AND DULY CARRIED TO: Authorize the General Manager to execute First Amendment to the license agreement with Air Products and Chemicals, Inc. for the operation of a Hydrogen Dispensing Station at Plant 1, for the period ending October 31, 2016, at a cost not to exceed $18,407 monthly, in a form approved by General Counsel. AYES: NOES: ABSTENTIONS: ABSENT: Bartlett; Beamish; Beard (Alternate); Choi; Curry; Deaton; Ferryman; Katapodis; Kiley; Kim; Kring; Mills; R. Murphy; Nagel; Neugebauer (Alternate); Nielsen; Parker; Sebourn; Shawver; Wanke; Withers and Yarc None None F. Smith; T. Smith; and Tinajero 4. 2015-2016 WET WEATHER FLOW MONITORING SERVICES (Rob Thompson) MOVED. SECONDED. AND DULY CARRIED TO: Authorize a Purchase Order Contract for flow monitoring and rain gauge services using the City of San Jose California Master Consultant Agreement (CPMS 7183), with ADS Environmental Services Commencing November 23, 2015 through June 30, 2016, for a total amount not to exceed $330,000, in accordance with Ordinance OCSD-47, Section 2.03(B) Cooperative Purchases. AYES: 11/18/2015 Bartlett; Beamish; Beard (Alternate); Choi; Curry; Deaton; Ferryman; Katapodis; Kiley; Kim; Kring; Mills; R. Murphy; Nagel; Neugebauer (Alternate); Nielsen; Parker; Sebourn; Shawver; Wanke; Withers and Yarc Minutes of Board Meeting Page 4 of 12 NOES: ABSTENTIONS: ABSENT: None None F. Smith; T. Smith; and Tinajero OPERATIONS COMMITTEE: 5. APPROVAL OF MINUTES (Clerk of the Board) MOVED, SECONDED. AND DULY CARRIED TO: Approve Minutes of the November 4, 2015, Operations Committee Meeting. AYES: NOES: ABSTENTIONS: ABSENT: Bartlett; Beamish; Beard (Alternate); Choi; Curry; Deaton; Ferryman; Katapodis; Kiley; Kim; Kring; Mills; R. Murphy; Nagel; Neugebauer (Alternate); Nielsen; Parker; Sebourn; Shawver; Wanke; Withers and Yarc None None F. Smith; T. Smith; and Tinajero 6. MATERIALS TESTING, INSPECTION, AND OTHER GEOTECHNICAL TESTING SERVICES (Rob Thompson) MOVED, SECONDED. AND DULY CARRIED TO: Approve Amendment No. 1 to the Professional Services Agreement, PSA2013-001, with Sequoia Consultants, 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 $100,000, increasing the total contract amount not to exceed $300,000. AYES: NOES: ABSTENTIONS: ABSENT: Bartlett; Beamish; Beard (Alternate); Choi; Curry; Deaton; Ferryman; Katapodis; Kiley; Kim; Kring; Mills; R. Murphy; Nagel; Neugebauer (Alternate); Nielsen; Parker; Sebourn; Shawver; Wanke; Withers and Yarc None None F. Smith; T. Smith; and Tinajero 7. ADDITIONAL SERVICES AND INCREASE TO AGREEMENT J-79-1A FOR CENTRAL GENERATION AUTOMATION/CONTINUOUS EMISSIONS MONITORING SYSTEMS (CEMS) (Ed Torres) MOVED, SECONDED. AND DULY CARRIED TO: Approve additional maintenance services to a Sole Source Purchase Order Service Agreement, J-79- 1A with CEMTEK Environmental for maintenance of the Central Generation Engines continuous emissions monitoring systems, for an additional amount of $104,068, for a new total amount not to exceed $361,568, for the contract period ending November 22, 2017. 11/18/2015 Minutes of Board Meeting Page 5of12 AYES: NOES: ABSTENTIONS: ABSENT: Bartlett; Beamish; Beard (Alternate); Choi; Curry; Deaton; Ferryman; Katapodis; Kiley; Kim; Kring; Mills; R. Murphy; Nagel; Neugebauer (Alternate); Nielsen; Parker; Sebourn; Shawver; Wanke; Withers and Yarc None None F. Smith; T. Smith; and Tinajero ADMINISTRATION COMMITTEE: 8. VAX EMULATOR FOR PROCESS CONTROL SYSTEM, MODERNIZATION & SECURITY IMPROVEMENTS PROJECT (Lorenzo Tyner) MOVED. SECONDED. AND DULY CARRIED TO: A. Authorize a Purchase Order Contract with Quayle Consulting, Inc. for the procurement of Charon-VAX permanent licenses and maintenance in the amount of $338,401; and B. Approve a contingency of 10% ($33,840). AYES: NOES: ABSTENTIONS: ABSENT: Bartlett; Beamish; Beard (Alternate); Choi; Curry; Deaton; Ferryman; Katapodis; Kiley; Kim; Kring; Mills; R. Murphy; Nagel; Neugebauer (Alternate); Nielsen; Parker; Sebourn; Shawver; Wanke; Withers and Yarc None None F. Smith; T. Smith; and Tinajero 9. MICROSOFT ENTERPRISE LICENSE AGREEMENT (ELA) FOR MICROSOFT ENTERPRISE SOFTWARE LICENSES (Lorenzo Tyner) MOVED, SECONDED. AND DULY CARRIED TO: A. Authorize a Purchase Order with a three-year contract to purchase Microsoft Enterprise licenses under the Microsoft ELA in accordance with Microsoft Volume Enterprise Enrollment -for State and local government, Riverside County Master Licensing Agreement 01E73134, payable annually and with contract expiration date of December 31, 2018 for a total amount not to exceed $874,556.22; and B. Approve a contingency of 15% ($131, 183.43). AYES: NOES: ABSTENTIONS: ABSENT: 11/18/2015 Bartlett; Beamish; Beard (Alternate); Choi; Curry; Deaton; Ferryman; Katapodis; Kiley; Kim; Kring; Mills; R. Murphy; Nagel; Neugebauer (Alternate); Nielsen; Parker; Sebourn; Shawver; Wanke; Withers and Yarc None None F. Smith; T. Smith; and Tinajero Minutes of Board Meeting Page 6of12 10. ENTERPRISE INFORMATION MANAGEMENT (EIM) STAFFING SUPPORT (Lorenzo Tyner) MOVED. SECONDED. AND DULY CARRIED TO: A. Approve a Service Contract with Project Partners, Inc. for Enterprise Information Management On-Call Staffing, Specification No. S-2015-725BD, for a period of January 1, 2016 through December 31, 2016, for a total annual amount not to exceed $121,800 with four one-year renewal options; and B. C. Approve a contingency of 20% ($24,360). AYES: NOES: ABSTENTIONS: ABSENT: Bartlett; Beamish; Beard (Alternate); Choi; Curry; Deaton; Ferryman; Katapodis; Kiley; Kim; Kring; Mills; R. Murphy; Nagel; Neugebauer (Alternate); Nielsen; Parker; Sebourn; Shawver; Wanke; Withers and Yarc None None F. Smith; T. Smith; and Tinajero 11. REPROGRAPHICS AND RELATED SERVICES (Lorenzo Tyner) MOVED, SECONDED. AND DULY CARRIED TO: A. Authorize a Purchase Order Contract with ARC Document Solutions, LLC for reprographics services per County of Orange Master Contract #RCA MA-017-16010366, for one 3-year period (11/04/15 -11/03/18) for an aggregate amount not to exceed $200,000 per year; and B. Approve the option of two additional one-year renewals for an amount not to exceed $200,000 per year. AYES: NOES: ABSTENTIONS: ABSENT: Bartlett; Beamish; Beard (Alternate); Choi; Curry; Deaton; Ferryman; Katapodis; Kiley; Kim; Kring; Mills; R. Murphy; Nagel; Neugebauer (Alternate); Nielsen; Parker; Sebourn; Shawver; Wanke; Withers and Yarc None None F. Smith; T. Smith; and Tinajero 12. CONSOLIDATED FINANCIAL REPORT FOR THE FIRST QUARTER ENDED SEPTEMBER 30, 2015 (Lorenzo Tyner) MOVED, SECONDED. AND DULY CARRIED TO: Receive and file Orange County Sanitation District First Quarter Financial Report for the period ended September 30, 2015. 11/18/2015 Minutes of Board Meeting Page 7of12 AYES: NOES: ABSTENTIONS: ABSENT: Bartlett; Beamish; Beard (Alternate); Choi; Curry; Deaton; Ferryman; Katapodis; Kiley; Kim; Kring; Mills; R. Murphy; Nagel; Neugebauer (Alternate); Nielsen; Parker; Sebourn; Shawver; Wanke; Withers and Yarc None None F. Smith; T. Smith; and Tinajero 13. ORANGE COUNTY SANITATION DISTRICT COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) FOR THE YEAR END JUNE 30, 2015. (Lorenzo Tyner) MOVED, SECONDED, AND DULY CARRIED TO: Receive and file the Sanitation District's Comprehensive Annual Financial Report for the year ended June 30, 2015, prepared by staff and audited by McGladrey, Certified Public Accountants, along with the following reports prepared by McGladrey: A. Report to the Administration Committee; and B. Independent Accountants' Report on Agreed-Upon Procedures Applied to Appropriations Limit Worksheets. AYES: NOES: ABSTENTIONS: ABSENT: Bartlett; Beamish; Beard (Alternate); Choi; Curry; Deaton; Ferryman; Katapodis; Kiley; Kim; Kring; Mills; R. Murphy; Nagel; Neugebauer (Alternate); Nielsen; Parker; Sebourn; Shawver; Wanke; Withers and Yarc None None F. Smith; T. Smith; and Tinajero 14. OWNER CONTROLLED INSURANCE PROGRAM EXTENSION (Celia Chandler) MOVED, SECONDED, AND DULY CARRIED TO: Approve the purchase of a multi-year extension of the Owner Controlled Insurance Program at a total cost of $725,612 for five policies covering three layers of liability coverage, workers compensation coverage, and pollution coverage, through December 31, 2017. AYES: NOES: ABSTENTIONS: ABSENT: 11/18/2015 Bartlett; Beamish; Beard (Alternate); Choi; Curry; Deaton; Ferryman; Katapodis; Kiley; Kim; Kring; Mills; R. Murphy; Nagel; Neugebauer (Alternate); Nielsen; Parker; Sebourn; Shawver; Wanke; Withers and Yarc None None F. Smith; T. Smith; and Tinajero Minutes of Board Meeting Page 8of12 STEERING COMMITTEE: 15. APPROVAL OF MINUTES (Clerk of the Board) MOVED, SECONDED. AND DULY CARRIED TO: Approve minutes of the October 28, 2015 meeting of the Steering Committee. AYES: NOES: ABSTENTIONS: ABSENT: Bartlett; Beamish; Beard (Alternate); Choi; Curry; Deaton; Ferryman; Katapodis; Kiley; Kim; Kring; Mills; R. Murphy; Nagel; Neugebauer (Alternate); Nielsen; Parker; Sebourn; Shawver; Wanke; Withers and Yarc None None F. Smith; T. Smith; and Tinajero 16. GENERAL MANAGER COMPENSATION AND BENEFITS (John Nielsen) MOVED. SECONDED. AND DULY CARRIED TO: Adopt Resolution No. OCSD 15-24 entitled, "A Resolution of the Board of Directors of Orange County Sanitation District amending the salary increase, salary range adjustment, and changes to benefits for the General Manager for Fiscal Year 2015-2016." AYES: NOES: ABSTENTIONS: ABSENT: Bartlett; Beamish; Beard (Alternate); Choi; Curry; Deaton; Ferryman; Katapodis; Kiley; Kim; Kring; Mills; R. Murphy; Nagel; Neugebauer (Alternate); Nielsen; Parker; Sebourn; Shawver; Wanke; Withers and Yarc None None F. Smith; T. Smith; and Tinajero LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE: 17. APPROVAL OF MINUTES (Clerk of the Board) MOVED. SECONDED. AND DULY CARRIED TO: Approve minutes of the November 9, 2015 meeting of the Legislative and Public Affairs Committee. AYES: NOES: ABSTENTIONS: ABSENT: 11/18/2015 Bartlett; Beamish; Beard (Alternate); Choi; Curry; Deaton; Ferryman; Katapodis; Kiley; Kim; Kring; Mills; R. Murphy; Nagel; Neugebauer (Alternate); Nielsen; Parker; Sebourn; Shawver; Wanke; Withers and Yarc None None F. Smith; T. Smith; and Tinajero Minutes of Board Meeting Page 9of12 NON-CONSENT CALENDAR: 18. PLANT 2 TRICKLING FILTER ODOR CONTROL SYSTEM UPGRADE, PROJECT NO. FE13-04 (Rob Thompson) MOVED, SECONDED, AND DULY CARRIED TO: A. Receive and file bid tabulation and recommendation; B. Award a construction contract to Kiewit Infrastructure West Co. for Plant 2 Trickling Filter Odor Control System Upgrade, Project No. FE13-04, for a total amount not to exceed $2,514,000; and C. Approve a contingency of $251,400 (10%). AYES: NOES: ABSTENTIONS: ABSENT: Bartlett; Beamish; Beard (Alternate); Choi; Curry; Deaton; Ferryman; Katapodis; Kiley; Kim; Kring; Mills; R. Murphy; Nagel; Neugebauer (Alternate); Nielsen; Parker; Sebourn; Shawver; Wanke; Withers and Yarc None None F. Smith; T. Smith; and Tinajero 19. EXTENSION OF AGREEMENT WITH EAST ORANGE COUNTY WATER DISTRICT (Jim Herberg) RECOMMENDATION: Authorize the General Manager to negotiate and execute an extension of the Local Sewer Facilities Transfer Agreement with East Orange County VVater District regarding the transfer of local se'Ners in Service Area 7. Director T. Smith arrived at the meeting at 6:24 p.m. Chair Nielsen called the following speakers in no particular order: Paul Cook, General Manager, Irvine Ranch Water District (IRWD); Don Bauer, North Tustin resident; and Donna Sutton in support of IRWD. Lisa Ohlund, General Manager East Orange County Water District (EOCWD), in support of her agency. Concerns were raised by Director Mills regarding a possible conflict of interest of OCSD Directors who sit on the Boards of the agencies involved. Chair Nielsen introduced the item, providing a historical overview of the process that led to the current agreement and amendment with East Orange County Water District (EOCWD) and explained that due to inevitable delays, EOCWD has asked that the agreement by extended. Chair Nielsen went on to explain that there are now two agencies who have applied and are being evaluated by the Orange County Local Agency Formation Committee (LAFCO) for this transfer. 11/18/2015 Minutes of Board Meeting Page 10of12 Mr. Herberg provided a timeline of the agreement process and information regarding the request for extension from East Orange County Water District (EOCWD). He read the substitute motion that was recommended by the Steering Committee. Discussion ensued regarding: continued flow from Area 7 to OCSD; local control; EOCWD agreement processes and cost issues; reorganization requirements for transfers with boundary changes or activation of latent powers; and commitment of EOCWD to building reserves. Mr. Herberg again clarified the substitute motion. Director Bartlett stated that the Board of Supervisors recently approved the administrative property tax transfer agreement to EOCWD. Discussion and concerns were raised regarding agreement non-exclusivity; agency trust and integrity, possible board representation on IRWD; contractual time limits and extensions; LAFCO's jurisdiction and responsibility; conflict of interest; OCSD Board member responsibilities; and application issues. The Clerk of the Board read motion into the record. The Board of Directors continued with lengthy discussion. Vice-Chair Sebourn called for the question. MOVED, SECONDED. AND DULY CARRIED TO: Authorize the General Manager to negotiate with East Orange County Water District (EOCWD) regarding an extension to the existing agreement, to obtain terms to allow Orange County Sanitation District to negotiate with Irvine Ranch Water District (IRWD) or any other applicant regarding the Local sewer facilities transfer agreement, and any other issues pertinent to the agreement, and return to the next Steering Committee meeting with the proposed terms. AYES: NOES: ABSTENTIONS: ABSENT: Bartlett; Beamish; Beard (Alternate); Choi; Curry; Deaton; Ferryman; Katapodis; Kiley; Kim; Kring; Mills; Nagel; Neugebauer (Alternate); Nielsen; Parker; Sebourn; Shawver; T. Smith; Wanke; Withers and Yarc None R. Murphy F. Smith; and Tinajero Director Choi departed the meeting at 7:43 p.m. AB 1234 REPORTS: Director Ferryman provided a report on the following meetings he attended: 11/18/2015 Minutes of Board Meeting Page 11 of 12 OCCOG: where Marnie O'Brien Primmer has been appointed Interim Executive Director while the agency is holding a recruitment. The next meeting will be held on January 28, 2016. Borders Committee: Next meeting will be held tomorrow and will be reported on next month. INFORMATION ITEMS: None . CLOSED SESSION: None. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IFANY: None. ADJOURNMENT: At 7:49 p.m. Chair Nielsen adjourned the meeting until the Regular Board Meeting on December 16, 2015 at 6:00 p.m. 11/18/2015 Minutes of Board Meeting Page 12 of 12