HomeMy WebLinkAbout01-27-2016 Board Meeting Minutes01/27/2016
Orange County Sanitation District
MINUTES
BOARD MEETING
January 27, 2016
Administration Building
10844 Ellis Avenue
Fountain Valley, California 92708-7018
Minutes of Board Meeting Page 1 of 15
ROLL CALL
A regular meeting of the Board of Directors of the Orange County Sanitation District was
held on January 27, 2016, at 6:07 p.m., in the Administration Building. Director Steven
Choi delivered the invocation and led the Pledge of Allegiance.
1. MOVED. SECONDED. AND DULY CARRIED TO: Receive and file Minute
Excerpts of member agencies relating to appointments to the Orange County
Sanitation District Board, as follows and amended:
City I Agency
City of Brea
City of Fountain Valley
City of Huntington Beach
City of Irvine
City of La Palma
City of Newport Beach
City of Placentia
City of Seal Beach
City of Stanton
City of Tustin
City of Villa Park
Costa Mesa Sanitary Dist.
Irvine Ranch Water District
Yorba Linda Water District
City of Buena Park
City of Santa Ana
Active Director
Glenn Parker
Steve Nagel
Jim Katapodis
Steven Choi
Peter Kim
Keith Curry
Chad Wanke
Ellery Deaton
David Shawver
John Nielsen
Greg Mills
James Ferryman
John Withers
Robert Kiley
Fred Smith
Sal Tinajero
Alternate Director
Cecilia Hupp
Cheryl Brothers
Erik Petersen
Lynn Schott
Michelle Steggell
Scott Peotter
Constance Underhill
Sandra Massa-Lavitt
Carol Warren
Allan Bernstein
Diana Fascenelli
Bob Ooten
Douglas Reinhart
Michael Beverage
Virginia Vaughn
David Benavides
AYES: Beamish; Choi; Curry; Deaton; Ferryman; Jones; Kiley; Kim;
Kring; Mills; R. Murphy; Nagel; Neugebauer; Nielsen; Parker;
Peterson (Alternate); Sebourn; Shawver; F. Smith; T. Smith;
Wanke; Withers and Yarc
NOES: None
ABSTENTIONS: None
ABSENT: Bartlett and Tinajero
The Clerk of the Board stated late communication was received after the posting of the
agenda which was placed in the Directors books and has been made available to the
public.
01/27/2016 Minutes of Board Meeting Page 2of15
The Clerk of the Board declared a quorum present as follows :
ACTIVE DIRECTORS ALTERNATE DIRECTORS
x John Nielsen , Chair Allan Bernstein
x Gregory Sebourn , Vice Chair Doug Chaffee
x Lisa Bartlett Michelle Steel
x Tom Beamish Tim Shaw
x Steven Choi Lynn Schott
x Keith Curry Scott Peotter
x Ellery Deaton Sandra Massa-Lavitt
x Joy Neugebauer Al Krippner
x James M . Ferryman Bob Ooten
x Steven Jones Kris Beard
Jim Katapodis x Erik Peterson
x Robert Kiley Michael Beverage
x Peter Kim Michele Steggell
x Lucille Kring James Vanderbilt
x Greg Mills Diana Fascenelli
x Richard Murphy Shelley Hasselbrink
x Steve Nagel Cheryl Brothers
x Glenn Parker Cecilia Hupp
x David Shawver Carol Warren
x Fred Smith Virginia Vaughn
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 Ghirell i , 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 Fac i lity Support Services ; Ed Torres , Director of Operations &
Maintenance ; Kelly Lore , Clerk of the Board ; Tina Knapp , Deputy Clerk of the Board ;
Jennifer Cabral ; Rich Castillon ; Jim Colston ; Norbert Gaia ; Al Garcia ; Mark Kawamoto;
Mark Manzo ; Gerry Matthews ; Andrew Nau ; Lisa Rothbart ; Julian Sabri ; Roya Sohanaki ;
and Chris Stacklin .
OTHERS PRESENT: Brad Hagin (General Counsel); Allen Bernstein (Alternate Director
Tustin); Michael Beverage (Alternate Director YLWD); Rich ten Bosch Black & Veatch ;
Cheryl Brothers (Alternate Director Fountain Valley); Dan Bunce , Brown and Caldwell;
Jason Gambito , AEC ; Lucas Gilbert, SAWPA; Vince Guilian , Stepan ; Man Huynh , AEC ;
Kelley Jimenez; Deanna and Brian Kondrath , Paws and Claws Aquamation ; Sandra
Massa-Levitt (Alternate Director Seal Beach); Mark McDaniel , Paws and Claws ;
01 /27/2 016 Mi nutes of Board Meeting Page 3of15
Lisa Ohlund, EOCWD; Bob Ooten (Alternate Director CMSD); Craig Raten, Stepan; and
Marina Zeledon, Stepan.
PUBLIC COMMENTS:
Chair Nielsen stated that requests to speak regarding a specific item would have the
ability to speak at that time the item is called. There were no objections and no public
comment.
SPECIAL PRESENTATIONS:
None.
Director Bartlett arrived at 6:13 p.m.
REPORTS:
Chair Nielsen announced the following: OCSD will be hosting the Association of California
Cities, Orange County (ACC-OC) meeting and tour at 3:00 p.m. on January 28; and a
Special Meeting of the Board of Directors at 10:00 a.m. on Tuesday, February 2, which
will include a presentation and tour with the SAWPA Commission members and staff.
Chair Nielsen provided a short background and explanation of Item Nos. 19 and 20 which
have been brought forth by the GWRS Steering Committee.
General Manager Jim Herberg reminded the Board that the Operations Committee
Meeting of February 3, 2016 has been cancelled.
Director Neugebauer requested that Item 6 be pulled from the Consent Calendar and
heard separately.
CONSENT CALENDAR:
2. APPROVAL OF MINUTES (Clerk of the Board)
MOVED. SECONDED. AND DULY CARRIED TO: Approve the minutes of the
Regular Board of Directors Meeting held on December 16, 2015.
AYES:
NOES:
ABSTENTIONS:
ABSENT:
01/27/2016
Bartlett; Beamish; Choi; Curry; Deaton; Ferryman; Jones;
Kiley; Kim; Kring; Mills; R. Murphy; Nagel; Neugebauer;
Nielsen; Parker; Peterson (Alternate); Sebourn; Shawver; F.
Smith; Wanke; Withers and Yarc
None
T. Smith
Tinajero
Minutes of Board Meeting Page 4of15
3. REPORT OF THE INVESTMENT TRANSACTIONS FOR THE MONTH OF
DECEMBER 2015 (Lorenzo Tyner)
MOVED, SECONDED, AND DULY CARRIED TO: Receive and file the report of
the investment transactions for the month of December 2015.
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Bartlett; Beamish; Choi; Curry; Deaton; Ferryman; Jones;
Kiley; Kring; Mills; R. Murphy; Nagel; Neugebauer; Nielsen;
Parker; Peterson (Alternate); Sebourn; Shawver; F. Smith; T.
Smith; Wanke; Withers and Yarc
None
Kim
Tinajero
4. DEFERRED PAYMENT AGREEMENT FOR CHARGES AND FEES OWED BY
ONE INDUSTRIAL WASTEWATER DISCHARGE PERMITTEE (Lorenzo Tyner)
MOVED, SECONDED, AND DULY CARRIED TO: Approve the deferred payment
agreement negotiated by the General Manager for collection of all charges and
fees owed for sanitary sewer service charges, plus interest of 5-25% annum, with
Aseptic Technology, in a form approved by General Counsel.
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Bartlett; Beamish; Choi; Curry; Deaton; Ferryman; Jones;
Kiley; Kim; Kring; Mills; R. Murphy; Nagel; Neugebauer;
Nielsen; Parker; Peterson (Alternate); Sebourn; Shawver; F.
Smith; T. Smith; Wanke; Withers and Yarc
None
None
Tinajero
5. MAXIM SECURITY SYSTEMS, INC. MAINTENANCE AND SERVICES
(Lorenzo Tyner)
MOVED, SECONDED, AND DULY CARRIED TO:
A. Authorize an additional $250,000 to purchase order #105299 OB with
Maxim Security Systems, Inc. for utilizing Eastern Municipal Water District's
(EMWD) Cooperative agreement #85939, for a total amount not to exceed
$335,000, in accordance with Ordinance OCSD-47, Section 2.03(B)
Cooperative Purchases; and
B. Authorize purchases of information technology security systems, services
and software/hardware maintenance using the EMWD's cooperative
agreement #85939, commencing October 1, 2016 through September 30,
2018, for a total amount not to exceed $335,000, in accordance with
01/27/2016 Minutes of Board Meeting Page 5of15
Ordinance OCSD-47, Section 2.03(B) Cooperative Purchases, with four (4)
one-year renewal options.
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Bartlett; Beamish; Choi; Curry; Deaton; Ferryman; Jones;
Kiley; Kim; Kring; Mills; R. Murphy; Nagel; Neugebauer;
Nielsen; Parker; Peterson (Alternate); Sebourn; Shawver; F.
Smith; T. Smith; Wanke; Withers and Yarc
None
None
Tinajero
Chair Nielsen pulled Item 6 for separate consideration.
Director Neugebauer questioned the recommendation and legality of the transfer
of a "Sole Source Agreement." General Counsel Brad Hagin assured the Board
of its legality and stated the previous contract would be terminated if the item is
approved.
6. SALES TAX REIMBURSEMENTS FOR CHEMICAL PURCHASES
(Lorenzo Tyner)
MOVED. SECONDED. AND DULY CARRIED TO: Approve a Sole Source
Agreement for Tax Consulting and Advocacy Services with Dakessian Law, Ltd.
regarding pursuit of refunds for sales tax paid on chemical purchases.
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Bartlett; Beamish; Choi; Curry; Deaton; Ferryman; Jones;
Kiley; Kring; R. Murphy; Nagel; Nielsen; Parker; Peterson
(Alternate); Sebourn; Shawver; F. Smith; T. Smith; Wanke;
Withers and Yarc
Neugebauer and Mills
Kim
Tinajero
OPERATIONS COMMITTEE:
7. APPROVAL OF MINUTES (Clerk of the Board)
MOVED. SECONDED. AND DULY CARRIED TO: Approve Minutes of the
January 6, 2016, Operations Committee Meeting.
AYES:
NOES:
ABSTENTIONS:
ABSENT:
01/27/2016
Bartlett; Beamish; Choi; Curry; Deaton; Ferryman; Jones;
Kiley; Kim; Kring; Mills; R. Murphy; Nagel; Neugebauer;
Nielsen; Parker; Peterson (Alternate); Sebourn; Shawver; F.
Smith; T. Smith; Wanke; Withers and Yarc
None
None
Tinajero
Minutes of Board Meeting Page 6of15
8. UNIFORMS AND JANITORIAL ARTICLES RENTAL SERVICE,
SPECIFICATION NO. S-2015-675BD-R (Lorenzo Tyner)
MOVED. SECONDED. AND DULY CARRIED TO:
A Award Purchase Order Contract to Prudential Overall Supply for Uniform
and Janitorial Articles Rental Service, Specification No. S-2015-675BD-R,
for one 3-year period (04/01/2016 -03/31/2019) for an amount not to
exceed $493,370.28 with one 3-year renewal option; and
B. Approve a contingency of $49,337 (10%).
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Bartlett; Beamish; Choi; Curry; Deaton; Ferryman; Jones;
Kiley; Kim; Kring; Mills; R. Murphy; Nagel; Neugebauer;
Nielsen; Parker; Peterson (Alternate); Sebourn; Shawver; F.
Smith; T. Smith; Wanke; Withers and Yarc
None
None
Tinajero
9. PLANT 1 POTABLE WATER SYSTEM IMPROVEMENTS, PROJECT
NO. FE09-04 (Rob Thompson)
MOVED. SECONDED. AND DULY CARRIED TO: Approve a construction
contingency increase of $25,275 (15%) to the construction contract with ODC
Engineering and Technology for the Plant 1 Potable Water System Improvements,
Project FE09-04, for a total construction contingency of $50,550 (30%).
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Bartlett; Beamish; Choi; Curry; Deaton; Ferryman; Jones;
Kiley; Kim; Kring; Mills; R. Murphy; Nagel; Neugebauer;
Nielsen; Parker; Peterson (Alternate); Sebourn; Shawver; F.
Smith; T. Smith; Wanke; Withers and Yarc
None
None
Tinajero
10. SCADA SYSTEM AND NETWORK UPGRADES, PROJECT NO. P2-107
(Rob Thompson)
MOVED. SECONDED. AND DULY CARRIED TO:
A Approve a Professional Design Services Agreement with Brown & Caldwell
to provide engineering design services for the SCADA System and Network
Upgrade, Project No. P2-107, for an amount not to exceed $2,818, 197; and
B. Approve a contingency of $281,820 (10%).
01/27/2016 Minutes of Board Meeting Page 7of15
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Bartlett; Beamish; Choi; Curry; Deaton; Ferryman; Jones;
Kiley; Kim; Kring; Mills; R. Murphy; Nagel; Neugebauer;
Nielsen; Parker; Peterson (Alternate); Sebourn; Shawver; F.
Smith; T. Smith; Wanke; Withers and Yarc
None
None
Tinajero
11. CHANGE ORDER TO BRENNTAG PACIFIC CAUSTIC SODA SPECIFICATION
NO. C-2013-560 (Ed Torres)
MOVED. SECONDED. AND DULY CARRIED TO:
A. Approve a Change Order for an additional amount of $184,800 for 25%
Caustic Soda (Sodium Hydroxide), Purchase Order Specification No. C-
2013-560 with Brenntag Pacific for chemical scrubbers at both Plant No. 1
and Plant No. 2, for the period of July 1, 2015 through June 30, 2016, for a
unit price of $560.52 per dry ton (delivery and applicable sales tax included)
for a total estimated annual amount of $280,000 with one remaining year of
renewal; and
B. Approve a (10%) unit price contingency.
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Bartlett; Beamish; Choi; Curry; Deaton; Ferryman; Jones;
Kiley; Kim; Kring; Mills; R. Murphy; Nagel; Neugebauer;
Nielsen; Parker; Peterson (Alternate); Sebourn; Shawver; F.
Smith; T. Smith; Wanke; Withers and Yarc
None
None
Tinajero
12. REHABILITATION OF WESTERN REGIONAL SEWERS, PROJECT NO. 3-64
(Rob Thompson)
MOVED. SECONDED. AND DULY CARRIED TO:
A. Approve an increase in the project budget from $112,222,000 to
$125,000,000;
B. Approve a Professional Design Services Agreement with AECOM
Technical Services, Inc., to provide engineering services for Rehabilitation
of Western Regional Sewers, Project No. 3-64, for an amount not to exceed
$17,639,250; and
C. Approve a contingency of $1,763,925 (10%).
AYES:
NOES:
01/27/2016
Beamish; Choi; Curry; Deaton; Ferryman; Jones; Kiley; Kim;
Kring; Mills; R. Murphy; Nagel; Neugebauer; Nielsen; Parker;
Peterson (Alternate); Sebourn; Shawver; F. Smith; T. Smith;
Wanke; Withers and Yarc
None
Minutes of Board Meeting Page 8of15
ABSTENTIONS: Bartlett
ABSENT: Tinajero
ADMINISTRATION COMMITTEE:
13. APPROVAL OF MINUTES (Clerk of the Board)
MOVED, SECONDED, AND DULY CARRIED TO: Approve minutes of the
December 9, 2015 of the Administration Committee Meeting.
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Bartlett; Beamish; Choi; Curry; Deaton; Ferryman; Jones;
Kiley; Kim; Kring; R. Murphy; Nagel; Neugebauer; Nielsen;
Parker; Peterson (Alternate); Sebourn; Shawver; F. Smith; T.
Smith; Wanke; Withers and Yarc
None
Mills
Tinajero
STEERING COMMITTEE:
14. APPROVAL OF MINUTES (Clerk of the Board)
MOVED, SECONDED. AND DULY CARRIED TO: Approve minutes of the
December 16, 2015 meeting of the Steering Committee.
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Bartlett; Beamish; Choi; Curry; Deaton; Ferryman; Jones;
Kiley; Kim; Kring; Mills; R. Murphy; Nagel; Neugebauer;
Nielsen; Parker; Peterson (Alternate); Sebourn; Shawver; F.
Smith; T. Smith; Wanke; Withers and Yarc
None
None
Tinajero
15. GENERAL MANAGER'S FY 2015-2016 WORK PLAN MID-YEAR UPDATE
(Jim Herberg)
MOVED, SECONDED, AND DULY CARRIED TO: Receive and file the General
Manager's Fiscal Year 2015-2016 Work Plan Mid-Year Update.
AYES:
NOES:
ABSTENTIONS:
ABSENT:
01/27/2016
Bartlett; Beamish; Choi; Curry; Deaton; Ferryman; Jones;
Kiley; Kim; Kring; Mills; R. Murphy; Nagel; Neugebauer;
Nielsen; Parker; Peterson (Alternate); Sebourn; Shawver; F.
Smith; T. Smith; Wanke; Withers and Yarc
None
None
Tinajero
Minutes of Board Meeting Page 9of15
16. LABOR RELATIONS -CONTRACT NEGOTIATIONS (Celia Chandler)
MOVED, SECONDED. AND DULY CARRIED TO: Authorize/Direct the Steering
Committee to form an Ad Hoc Committee for the purpose of interviewing and
selecting an external Chief Negotiator for the upcoming contract negotiations with
all six (6) bargaining units at the Orange County Sanitation District; and the Board
Chair will select the Ad Hoc Committee members.
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Bartlett; Beamish; Choi; Curry; Deaton; Ferryman; Jones;
Kiley; Kim; Kring; Mills; R. Murphy; Nagel; Neugebauer;
Nielsen; Parker; Peterson (Alternate); Sebourn; Shawver; F.
Smith; T. Smith; Wanke; Withers and Yarc
None
None
Tinajero
Chair Nielsen pulled Item 17 for separate consideration and called upon the following
speakers:
Paul Cook, General Manager, Irvine Ranch Water District (IRWD) spoke in favor of
Item 17. At the request of Chair Nielsen, Mr. Cook clarified certain technical issues
regarding additional flows in perpetuity mentioned in the agreement.
Lisa Ohlund, General Manager, East Orange County Water District (EOCWD) spoke in
regards to Item 17, stating that the alternate agreement with EOCWD allows all current
area and any annexed area flows be committed to OCSD in perpetuity. She further stated
that was not included in the proposed IRWD agreement.
General Counsel, Brad Hagin and Mr. Herberg responded to questions from the Directors
and clarified that the prohibition on diversion of wastewater was status quo under both
agreements; and that the terms "annexation" and "expansion" were concluded to have
the same meaning under this agreement.
17. LOCAL SEWER FACILITIES TRANSFER AGREEMENT WITH IRVINE RANCH
WATER DISTRICT (Jim Herberg)
MOVED. SECONDED, AND DULY CARRIED TO: Approve Local Sewer Facilities
Transfer Agreement with Irvine Ranch Water District regarding the transfer of local
sewers in Service Area 7.
AYES:
NOES:
ABSTENTIONS:
ABSENT:
01/27/2016
Bartlett; Beamish; Choi; Curry; Deaton; Ferryman; Jones;
Kiley; Kim; Kring; R. Murphy; Nagel; Neugebauer; Nielsen;
Parker; Sebourn; Shawver; F. Smith; Wanke; and Yarc
Mills; Peterson (Alternate) and T. Smith
Withers
Tinajero
Minutes of Board Meeting Page 10of15
LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE:
18. APPROVAL OF MINUTES (Clerk of the Board)
MOVED. SECONDED. AND DULY CARRIED TO: Approve minutes of the
December 14, 2015 meeting of the Legislative and Public Affairs Committee.
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Bartlett; Beamish; Choi; Curry; Deaton; Ferryman; Jones;
Kiley; Kim; Kring; Mills; R. Murphy; Nagel; Neugebauer;
Nielsen; Parker; Peterson (Alternate); Sebourn; Shawver; F.
Smith; T. Smith; Wanke; Withers and Yarc
None
None
Tinajero
GWRS STEERING COMMITTEE:
Assistant General Manager Bob Ghirelli introduced and provided a brief background of
the item.
19. OCSD JOINT RESOLUTION WITH OCWD OF SUPPORT FOR THE
METROPOLITAN WATER DISTRICT INDIRECT POTABLE REUSE PROJECT
(Bob Ghirelli)
MOVED. SECONDED. AND DULY CARRIED TO: Adopt Resolution No. OCSD
16-01 entitled, "A Resolution of the Board of Directors of Orange County Water
District and the Orange County Sanitation District supporting the Metropolitan
Water District of Southern California's efforts to develop a Groundwater
Replenishment System type project with Los Angeles County Sanitation District
No. in the City of Carson."
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Bartlett; Beamish; Choi; Curry; Deaton; Ferryman; Jones;
Kiley; Kim; Kring; Mills; R. Murphy; Nagel; Neugebauer;
Nielsen; Parker; Peterson (Alternate); Sebourn; Shawver; F.
Smith; T. Smith; Wanke; Withers and Yarc
None
None
Tinajero
Mr. Ghirelli introduced and provided a brief background of the proposed legislation and
the educational purposes of the item. Director Shawver suggested that a website link to
the educational program be listed on the bottle.
20. CO-SPONSOR PROPOSED BILL TO BOTTLE ADVANCED PURIFIED WATER
FOR EDUCATIONAL PURPOSES (Bob Ghirelli)
MOVED. SECONDED. AND DULY CARRIED TO: Ratify and approve the GWRS
Steering Committee recommendation to co-sponsor with Orange County Water
01/27/2016 Minutes of Board Meeting Page 11 of 15
District (OCWD) proposed legislation to bottle GWRS water for educational
purposes and emergencies.
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Bartlett; Beamish; Choi; Curry; Deaton; Ferryman; Jones;
Kiley; Kim; Kring; Mills; R. Murphy; Nagel; Neugebauer;
Nielsen; Parker; Peterson (Alternate); Sebourn; Shawver; F.
Smith; T. Smith; Wanke; Withers and Yarc
None
None
Tinajero
Director Withers departed the meeting at 6:41 p.m.
NON-CONSENT CALENDAR:
Director of Finance and Administrative Services, Lorenzo Tyner introduced and provided
a brief background of the item; addressed timing concerns; and clarified that the 19 million
in savings suggested by this refunding is "net" savings.
21. WASTEWATER REFUNDING REVENUE OBLIGATIONS, SERIES 2016A
(Lorenzo Tyner)
MOVED. SECONDED. AND DULY CARRIED TO: Authorize the General
Manager to issue new fixed rate Certificates of Participation (COP), to be referred
to as Wastewater Refunding Revenue Obligations, in an amount sufficient to
refund up to $162,780,000 of COP Series 2009A.
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Bartlett; Beamish; Choi; Curry; Deaton; Ferryman; Jones;
Kiley; Kim; Kring; Mills; R. Murphy; Nagel; Neugebauer;
Nielsen; Parker; Peterson (Alternate); Sebourn; Shawver; F.
Smith; T. Smith; Wanke; and Yarc
None
None
Tinajero and Withers
Chair Nielsen announced Public Comment would be heard at this time and called upon
the following speakers:
Brian Kondrath, co-owner of Paws and Claws Aquamation, spoke in opposition of
proposed Ordinance OCSD 48 Article 2. Section 212. Prohibition on Liquefaction.
Deanna Kondrath, co-owner of Paws and Claws Aquamation, spoke in opposition of
proposed Ordinance OCSD 48 Article 2. Section 212. Prohibition on Liquefaction.
Jason Dadakis, Director of Health and Regulatory Affairs, Orange County Water District,
spoke in favor of the item.
Director of Engineering introduced Environmental Compliance Manager, Jim Colston who
provided information regarding the proposed Ordinance including changes to the
Enforcement and the Appeals processes that were made after the introduction of the
Ordinance at the Operations Committee. Mr. Colston referred to an article published
01/27/2016 Minutes of Board Meeting Page 12of15
today in the Orange County Register regarding the proposed prohibition on liquefaction,
and briefly summarized communications received.
Concerns were raised and staff responded to questions regarding: Lack of scientific
evidence backing prohibition; public perception; acceptable levels of pollutants based on
sampling data; unfair burdens placed upon business owners; lack of communication to
applicant; assurance of validity of the data reported to the public; business tributary to
SARI line; City imposed conditional use requirements; and the need for further
investigation and evaluation of the discharge of liquefaction. Considerable discussion
ensued, and an alternate recommendation was made.
22. PROPOSED ADOPTION OF WASTEWATER DISCHARGE REGULATIONS,
ORDINANCE NO. OCSD-48 (Rob Thompson)
MOVED, SECONDED. AND DULY CARRIED TO:
A. Introduce Ordinance No. OCSD-48, entitled "An Ordinance of the Board of
Directors of Orange County Sanitation District Establishing Wastewater
Discharge Regulations, Revising Articles 1 through 8, and repealing
Ordinance No. OCSD-39" for first reading at the January 27, 2016 Board
meeting"; and
B. Motion to read Ordinance No. OCSD-48 by title only and waive reading of
said entire Ordinance on January 27, 2016; and
C. Set February 24, 2016, as the date for the second reading and adoption of
Ordinance No. OCSD-48; and
D. Direct the Clerk of the Board to publish summaries of the Ordinance as
required by law; and
E. Article 2. Section 212. Prohibition on Liquefaction will be deleted.
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Bartlett; Beamish; Choi; Curry; Deaton; Ferryman; Jones;
Kiley; Kim; Kring; Mills; R. Murphy; Nagel; Neugebauer;
Nielsen; Parker; Peterson (Alternate); Sebourn; Shawver;
F. Smith; T. Smith; Wanke; and Yarc
None
None
Tinajero and Withers
General Counsel, Brad Hagin, stated a correction for the record regarding Item 17, in
which his previous statement that the two agreements were substantially the same in
regards to annexations and reorganization, was in fact not correct. He stated that after
further review of the second amendment to the agreement with East Orange County
Water District, the provisions of Annexation and Reorganization were slightly different
than the IRWD agreement. He provided the Board opportunity for a motion of
reconsideration, to which there was none.
01/27/2016 Minutes of Board Meeting Page 13of15
AB 1234 REPORTS:
Director Ferryman provided a brief report on the Borders Committee Meeting attended
January 22, and stated that the OCCOG meeting will be held tomorrow at 10:30 a.m.
Chair Nielsen stated that he will report on the CASA Winter Conference at the next
meeting.
INFORMATION ITEMS:
None.
CLOSED SESSION:
CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE
SECTIONS: 54956.9(d)(1) and 54957
The Board convened in closed session at 7:34 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 Session Meetings.
Directors Beamish, Ferryman, and Wanke departed the meeting during Closed Session
at 8:10 p.m.
RECONVENED IN REGULAR SESSION:
The Board reconvened in regular session at 8: 15 p.m.
CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED
SESSION:
None.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS,
IFANY:
None.
01/27/2016 Minutes of Board Meeting Page 14of15
ADJOURNMENT:
At 8:17 p.m. Chair Nielsen adjourned the meeting until the Regular Board Meeting on
February 24, 2016 at 6:00 p.m.
01/27/2016 Minutes of Board Meeting Page 15of15