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HomeMy WebLinkAbout11-16-2016 Board Meeting Minutes11/16/2016 Orange County Sanitation District MINUTES BOARD MEETING November 16, 2016 Administration Building 10844 Ellis Avenue Fountain Valley, California 92708-7018 Minutes of Board Meeting Page 1of17 ROLL CALL A regular meeting of the Board of Directors of the Orange County Sanitation Distri~t was called to order by Chair John Nielsen on November 16, 2016, at 6:05 p.m., in the Administration Building. Director Joy Neugebauer 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, Vice Chair Doug Chaffee x Tom Beamish Tim Shaw A Steven Choi Lynn Schott x Keith Curry Scott Peotter A Ellery Deaton Sandra Massa-Lavitt x Joy Neugebauer Al Krippner x James M. Ferryman Bob Ooten A Steven Jones Kris Beard x Jim Katapodis 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 Teresa Smith x Mark Murphy x Michelle Steel Shawn Nelson 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; Rob Thompson, Director of Engineering; Jim Colston, Director of Environmental Services; Lorenzo Tyner, Director of Finance & Administrative Services; Celia Chandler, Director of Human Resources; Ed Torres, Director of Operations and Maintenance; Emilio Ariston; Deirdre Bingman; Greg Blakeley; Kim Christensen; Ron Coss; Chad Crow; Mike Dorman; Marc Dubois; Anne Marie Feery; Lisa Frigo; Al Garcia; Mark Kawamoto; Laurie Klinger; Gerry Matthews; Tom Meregillano; Kathy Millea; Andrew Nau; Richard Spencer; Chris Stacklin; and Brent Wride. 11/16/2016 Minutes of Board Meeting Page 2of17 OTHERS PRESENT: Brad Hagin (General Counsel); Alternate Director Bob Ooten, CMSD; Alternate Director Mike Beverage, YLWD; and Art Perry, CMSD. PUBLIC COMMENTS: None. SPECIAL PRESENTATIONS: • OCSD Safety Poster Contest Winners: Richard Spencer, Human Resources and Risk Manager, recognized and presented certificates to: Julia Ariston; Samantha Ariston; Emily Ayala; Emmi Crow; Stephanie Diaz; Meghan Paik; and Norah Paik, the participants and Grand Prize Winners of this year's Safety Poster Contest. • Employee Commendation Chris Stacklin: General Manager Jim Herberg acknowledged Engineer Chris Stacklin who was recently recognized by the President of the Water Environment Federation for his contribution to two White House initiatives. • Employee Service Awards: Director of Environmental Services Jim Colston presented an Employee Service Award to Kim Christensen, Senior Scientist -Division 630 (35 years). • Board Member Appreciation: Board Chair John Nielsen presented Certificates of Appreciation to departing Directors Bob Kiley (YLWD); Jim Katapodis (City of Huntington Beach); Greg Mills (City of Villa Park); Steven Choi (City of Irvine); and Keith Curry (City of Newport Beach), and thanked each of them for their years of support and dedication to protecting public health and the environment throughout Orange County. REPORTS: Chair Nielsen reported on the recent Legislative and Public Affairs Committee meeting where Heather Stratman, CEO of the Association of California Cities (ACC-OC), presented the agency's recent efforts and the legislative focus for 2017. He also stated that the 2017 OCSD Legislative Plan will be presented at the December Board Meeting. Chair Nielsen also acknowledged Yorba Linda Water District for recently receiving their Certificate of Transparency from CSDA. General Manager Jim Herberg reminded everyone that the OCSD Administrative offices will be closed November 24 & 25 for the Thanksgiving Holiday; that there will be no 11/16/2016 Minutes of Board Meeting Page 3 of 17 Administration Committee meeting held in December; and that the December Steering and Board Meetings will be held on December 14th. Mr. Herberg requested that the Board Meeting be adjourned in memory of two members of the OCSD family: Barbara Collins, who retired a year ago after 28 years of service, passed away on November 2nd; and Doug Kanis, Senior Engineer, who passed away this past weekend. Doug had been with the District for 11 years. CONSENT CALENDAR: 1. 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 October 26, 2016. AYES: NOES: ABSTENTIONS: ABSENT: Beamish; Curry; Ferryman; Katapodis; Kiley; Kim; Kring; Mills; R. Murphy; Nagel; Neugebauer; Nielsen; Parker; Sebourn; Shawver; F. Smith; Steel; Wanke; Withers and Yarc None M. Murphy (Alternate) Choi; Deaton; Jones and Tinajero 2. RESOLUTION NO. OCSD 16-24 COMMENDING BOARD CHAIRMAN JOHN NIELSEN (Bob Ghirelli) MOVED, SECONDED, AND DULY CARRIED TO: Adopt Resolution No. OCSD 16-24, entitled: "A Resolution of the Board of Directors of the Orange County Sanitation District commending John Nielsen for his outstanding contributions and dedication to public service as Chairman of the Orange County Sanitation District Board of Directors." AYES: NOES: ABSTENTIONS: ABSENT: Beamish; Curry; Ferryman; Katapodis; Kiley; Kim; Kring; Mills; M. Murphy (Alternate); R. Murphy; Nagel; Neugebauer; Nielsen; Parker; Sebourn; Shawver; F. Smith; Steel; Wanke; Withers and Yarc None None Choi; Deaton; Jones and Tinajero 4. COOPERATIVE PROCUREMENT WITH DOWNTOWN FORD SALES (Ed Torres) MOVED, SECONDED, AND DULY CARRIED TO: Ratify and approve a purchase order agreement using the State of California's cooperative Contract Number 1-14-23-20A with Downtown Ford Sales for the purchase of six (6) budget approved vehicles for a total cost of $187,444.62 in accordance with Ordinance No. OCSD-47, Section 2.03(B) Cooperative Purchases. 11/16/2016 Minutes of Board Meeting Page 4of17 AYES: NOES: ABSTENTIONS: ABSENT: Beamish; Curry; Ferryman; Katapodis; Kiley; Kim; Kring; Mills; R. Murphy; Nagel; Neugebauer; Nielsen; Parker; Sebourn; Shawver; F. Smith; Steel; Wanke; Withers and Yarc None M. Murphy (Alternate) Choi; Deaton; Jones and Tinajero 5. COOPERATIVE PROCUREMENT WITH XYLEM DEWATERING SOLUTIONS INC. dba GODWIN PUMPS OF AMERICA, INC. (Ed Torres) MOVED, SECONDED, AND DULY CARRIED TO: Ratify and approve a purchase order agreement using the U.S. General Services Administration's (GSA) Schedule 84 Contract Number GS-07F-9491 G with Xylem Dewatering Solutions, Inc. dba Godwin Pumps of America, Inc. for the purchase of three (3) budget approved diesel pumps for a total cost of $362,849.40 plus sales tax in accordance with Ordinance No. OCSD-47, Section 2.03(B) Cooperative Purchases. AYES: NOES: ABSTENTIONS: ABSENT: Beamish; Curry; Ferryman; Katapodis; Kiley; Kim; Kring; Mills; M. Murphy (Alternate); R. Murphy; Nagel; Neugebauer; Nielsen; Parker; Sebourn; Shawver; F. Smith; Steel; Wanke; Withers and Yarc None None Choi; Deaton; Jones and Tinajero 6. CONTRACT SECURITY SERVICES (Celia Chandler) MOVED, SECONDED, AND DULY CARRIED TO: Approve an increase of $139,347 to Purchase Order 105775 OA, a bridge purchase contract issued to Securitas Security Services, U.S.A., for a total amount not to exceed $300,070, with no additional increase to the annual budget. AYES: NOES: ABSTENTIONS: ABSENT: Beamish; Curry; Ferryman; Katapodis; Kiley; Kim; Kring; Mills; M. Murphy (Alternate); R. Murphy; Nagel; Neugebauer; Nielsen; Parker; Sebourn; Shawver; F. Smith; Steel; Wanke; Withers and Yarc None None Choi; Deaton; Jones and Tinajero 7. REQUEST FOR FUNDING -WASTEWATER FLOW & LOADING STUDY (Lorenzo Tyner) MOVED, SECONDED. AND DULY CARRIED TO: Approve the Orange County Sanitation District's participation in the California Association of Sanitation Agencies (CASA) wastewater flow and loading study and the Participating Agency Contribution Pledge of $82,500. 11 /16/2016 Minutes of Board Meeting Page 5of17 AYES: NOES: ABSTENTIONS: ABSENT: Beamish; Curry; Ferryman; Katapodis; Kiley; Kim; Kring; Mills; M. Murphy (Alternate); R. Murphy; Nagel; Neugebauer; Nielsen; Parker; Sebourn; Shawver; F. Smith; Steel; Wanke; Withers and Yarc None None Choi; Deaton; Jones and Tinajero Item pulled and heard separately. 3. PROPOSED BOARD OF DIRECTORS & COMMITTEE MEETING DATES FOR CALENDAR YEAR 2017 (Clerk of the Board) Director Wanke requested the item pulled for consideration of changing the meeting times of the Legislative and Public Affairs Committee. Discussion ensued and the consensus was to bring this consideration back to a later meeting of the Board of Directors. MOVED, SECONDED, AND DULY CARRIED TO: Approve the calendar of meeting dates for the 2017 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: Beamish; Curry; Ferryman; Katapodis; Kiley; Kim; Kring; Mills; M. Murphy (Alternate); R. Murphy; Nagel; Neugebauer; Nielsen; Parker; Sebourn; Shawver; F. Smith; Steel; Wanke; Withers and Yarc None None Choi; Deaton; Jones and Tinajero SPECIAL PRESENTATION: • Presentation to Board Chair John Nielsen: Vice-Chair Greg Sebourn introduced Orange County Supervisor Michelle Steel and Norma Kurtz from Assembly Member Tom Daly's office, who each recognized and presented a Certificate of Appreciation to Board Chair Nielsen. Vice-Chair Sebourn also presented certificates that were provided by: Assembly Member Matt Harper; Assembly Member Young Kim; State Senator Janet Nguyen; State Senator John Moorlach; Assembly Member Donald Wagner and the Orange County Water District. A C-Span clip of Congresswoman Mimi Walters was presented, where, while on the floor of the U.S. House of Representatives, she recognized and congratulated John Nielsen for his successful service as the Board Chairman of the Orange County Sanitation District. 11/16/2016 Minutes of Board Meeting Page 6of17 Vice-Chair Sebourn thanked Chair Nielsen for his professionalism, leadership, and dedicated service. Chair Nielsen thanked everyone for their support. He acknowledged staff members, and stated that he feels that OCSD is the most professional organization in government today. RECEIVE AND FILE: These items require no action,· and without objection, will be so ordered by the Board Chair. 8. REPORT OF THE INVESTMENT TRANSACTIONS FOR THE MONTH OF OCTOBER 2016 (Lorenzo Tyner) Received and filed the report of the Investment Transactions for the month of October 2016. 9. COMMITTEE MINUTES (Clerk of the Board) Received and filed the approved minutes of the following standing committees: A. Operations Committee meeting of October 5, 2016 B. Legislative and Public Affairs Committee meeting of October 10, 2016 C. Administration Committee meeting of October 12, 2016 D. Steering Committee meeting of October 26, 2016 OPERATIONS COMMITTEE: 10. DOIG DRIVE PROPERTY LEASE EXTENSION (Lorenzo Tyner) MOVED, SECONDED, AND DULY CARRIED TO: Approve the Second Amendment to the Doig Property Lease, to enter into an eight (8) month lease extension of the Orange County Sanitation District's real property at 7311 Doig Drive, Garden Grove, in a form approved by General Counsel. AYES: NOES: ABSTENTIONS: ABSENT: Beamish; Curry; Ferryman; Katapodis; Kiley; Kim; Kring; Mills; M. Murphy (Alternate); R. Murphy; Nagel; Neugebauer; Nielsen; Parker; Sebourn; Shawver; F. Smith; Steel; Wanke; Withers and Yarc None None Choi; Deaton; Jones and Tinajero 11. OCEAN OUTFALL SYSTEM REHABILITATION, PROJECT NO. J-117 (Rob Thompson) MOVED, SECONDED, AND DULY CARRIED TO: A. Approve a budget increase of $28,517,000 for Ocean Outfall System Rehabilitation, Project No. J-117, for a total budget amount of $91 ,000,000; and 11/16/2016 Minutes of Board Meeting Page 7of17 B. Approve a contingency increase of $2,372,305 (35%) to the Professional Design Services Agreement with Brown and Caldwell for Ocean Outfall System Rehabilitation, Project No. J-117, for a total contingency of $3,050, 106 (45%). AYES: NOES: ABSTENTIONS: ABSENT: Beamish; Curry; Ferryman; Katapodis; Kiley; Kim; Kring; Mills; M. Murphy (Alternate); R. Murphy; Nagel; Neugebauer; Nielsen; Parker; Sebourn; Shawver; F. Smith; Steel; Wanke; Withers and Yarc None None Choi; Deaton; Jones and Tinajero ADMINISTRATION COMMITTEE: 12. 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 July 1, 2016 -September 30, 2016. AYES: NOES: ABSTENTIONS: ABSENT: Beamish; Curry; Ferryman; Katapodis; Kiley; Kim; Kring; Mills; M. Murphy (Alternate); R. Murphy; Nagel; Neugebauer; Nielsen; Parker; Sebourn; Shawver; F. Smith; Steel; Wanke; Withers and Yarc None None Choi; Deaton; Jones and Tinajero 13. IBM MAXIMO EMERGENCY AND LEVEL 3 SUPPORT (Lorenzo Tyner) MOVED, SECONDED, AND DULY CARRIED TO: A. Authorize a sole source purchase order agreement with Total Resource Management (TRM) for Maximo Emergency and Level 3 Support for one year commencing January 1, 2017 through December 31, 2017 for a total amount not to exceed $160,000. B. Authorize an option for three annual renewals at $160,000 per year for a total amount of $480,000. AYES: NOES: ABSTENTIONS: ABSENT: 11/16/2016 Beamish; Curry; Ferryman; Katapodis; Kiley; Kim; Kring; Mills; M. Murphy (Alternate); R. Murphy; Nagel; Neugebauer; Nielsen; Parker; Sebourn; Shawver; F. Smith; Steel; Wanke; Withers and Yarc None None Choi; Deaton; Jones and Tinajero Minutes of Board Meeting Page 8 of 17 14. CONSOLIDATED FINANCIAL REPORT FOR FIRST QUARTER ENDED SEPTEMBER 30, 2016 (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, 2016. AYES: NOES: ABSTENTIONS: ABSENT: Beamish; Curry; Ferryman; Katapodis; Kiley; Kim; Kring; Mills; M. Murphy (Alternate); R. Murphy; Nagel; Neugebauer; Nielsen; Parker; Sebourn; Shawver; F. Smith; Steel; Wanke; Withers and Yarc None None Choi; Deaton; Jones and Tinajero 15. ORANGE COUNTY SANITATION DISTRICT COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) FOR THE YEAR END JUNE 30, 2016 (Lorenzo Tyner) MOVED, SECONDED, AND DULY CARRIED TO: Receive and file the Orange County Sanitation District's Comprehensive Annual Financial Report for the year ended June 30, 2016, prepared by staff and audited by Macias Gini & O'Connell LLP (MGO), Certified Public Accountants, along with the following reports prepared by MGO: A. Report to the Board of Directors; and B. Independent Accountants' Report on Agreed-Upon Procedures Applied to Appropriations Limit Worksheets. AYES: NOES: ABSTENTIONS: ABSENT: STEERING COMMITTEE: Beamish; Curry; Ferryman; Katapodis; Kiley; Kim; Kring; Mills; M. Murphy (Alternate); R. Murphy; Nagel; Neugebauer; Nielsen; Parker; Sebourn; Shawver; F. Smith; Steel; Wanke; Withers and Yarc None None Choi; Deaton; Jones and Tinajero 16. SALARY RANGE ADJUSTMENTS FOR NON-EXEMPT CONFIDENTIAL EMPLOYEES (Jim Herberg) Mr. Herberg presented a brief overview of Item Nos. 16 and 17 and stated that the resolutions are the result of prior discussions and direction from the Board of Directors involving the 15 Unrepresented Confidential Employees. 11/16/2016 Minutes of Board Meeting Page 9of17 A roll call vote was taken for Item 16 & 17 together. MOVED. SECONDED, AND DULY CARRIED TO: Adopt Resolution No. OCSD 16-25, entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District Approving Salary and Benefit Adjustments for Unrepresented Non-Exempt Confidential Employees for Fiscal Years 2016/2017, 2017/2018 & 2018/2019." AYES: NOES: ABSTENTIONS: ABSENT: Beamish; Curry; Ferryman; Katapodis; Kiley; Kim; Kring; Mills; M. Murphy (Alternate); R. Murphy; Nagel; Neugebauer; Nielsen; Parker; Sebourn; Shawver; F. Smith; Steel; Wanke; Withers and Yarc None None Choi; Deaton; Jones and Tinajero 17. SALARY RANGE ADJUSTMENTS FOR EXEMPT LEVEL CONFIDENTIAL EMPLOYEES (Jim Herberg) MOVED. SECONDED. AND DULY CARRIED TO: Adopt Resolution No. OCSD 16-26, entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District Approving Salary and Benefit Adjustments for Unrepresented Exempt Confidential Employees for Fiscal Years 2016/2017, 2017/2018 & 2018/2019." AYES: NOES: ABSTENTIONS: ABSENT: Beamish; Curry; Ferryman; Katapodis; Kiley; Kim; Kring; Mills; M. Murphy (Alternate); R. Murphy; Nagel; Neugebauer; Nielsen; Parker; Sebourn; Shawver; F. Smith; Steel; Wanke; Withers and Yarc None None Choi; Deaton; Jones and Tinajero 18. EXECUTIVE MANAGEMENT TEAM COMPENSATION AND BENEFITS AND MANAGER GROUP COMPENSATION (Jim Herberg) Mr. Herberg presented Item No. 18 and stated that these resolutions are the result of prior discussions and direction from the Board of Directors. He further discussed the current market position; structural adjustments; possible merit based increases and benefit changes for the two unrepresented groups. A roll call vote was taken for Item No. 18. MOVED. SECONDED. AND DULY CARRIED TO: A. Adopt Resolution No. OCSD 16-27 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 11/16/2016 Minutes of Board Meeting Page 10of17 distribution of any remaining funds based on changes to scope, duties or responsibilities for At-Will Executive Management Team employees for Fiscal Years 2016-2017, 2017-2018, and 2018-2019," authorizing the General Manager to implement a salary structure adjustment for Fiscal Year 2016 to bring Executive Management Team salary ranges in alignment with the market, 2.5% salary increases and range adjustments in Fiscal Years 2017 and 2018, and increases to benefits. B. Adopt Resolution No. OCSD 16-28 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 Years 2016-2017, 2017-2018, 2018-2019," authorizing the General Manager to implement a salary structure adjustment for Fiscal Year 2016 to bring the Manager Group salary ranges in alignment with the market, 2.5% salary increases and range adjustments in Fiscal Years 2017 and 2018, and minor increases to benefits. AYES: NOES: Beamish; Curry; Ferryman; Katapodis; Kiley; Kim; Kring; Mills; M. Murphy (Alternate); R. Murphy; Nagel; Neugebauer; Nielsen; Parker; Sebourn; Shawver; F. Smith; Steel; Wanke; Withers and Yarc None ABSTENTIONS: None ABSENT: Choi; Deaton; Jones and Tinajero 19. GENERAL MANAGER COMPENSATION AND BENEFITS (Celia Chandler) Director of Human Resources Celia Chandler provided an overview of the item and stated that the resolution is the result of prior discussions and direction from the Board of Directors. Chair Nielsen added that he had met with the General Manager to discuss his position and compensation. Mr. Herberg left the room during discussion and vote. A roll call vote was taken for Item No.19. MOVED, SECONDED, AND DULY CARRIED TO: Adopt Resolution No. OCSD 16-29 entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District approving salary increase, salary range adjustment, and changes to the benefits for the General Manager for Fiscal Years 2016 to 2017 and 2017 to 2018," authorizing the Board Chair to implement a base building salary increase of 8% and a salary range adjustment commencing in the first pay period of July 2016 for fiscal year 2016 to 2017 and a base building salary increase of 8% and a salary range adjustment in the first pay period of July 2017 for fiscal year 2017 to 2018 for a total salary cost of $39,429 and an added benefits cost of $24,000 for both fiscal years. Compensation and benefits costs including impact to existing benefits of an amount not to exceed $76,448. 11/16/2016 Minutes of Board Meeting Page 11 of 17 AYES: NOES: ABSTENTIONS: ABSENT: Beamish; Curry; Ferryman; Katapodis; Kiley; Kim; Kring; Mills; M. Murphy (Alternate); R. Murphy; Nagel; Neugebauer; Nielsen; Parker; Sebourn; Shawver; F. Smith; Steel; Wanke; Withers and Yarc None None Choi; Deaton; Jones and Tinajero NON-CONSENT CALENDAR: 20. DISTRIBUTION OF CLOSED SESSION MATERIALS (Jim Herberg) Chair Nielsen stated that he placed this item on the agenda at the request of Director Steel. General Counsel Brad Hagin provided background and history of the District policy regarding the distribution of Closed Session materials. He described alternative methods for advanced distribution, but indicated that he believes the current policy would best protect the confidentiality of the materials. Chair Nielsen stated the apparent risks of inadvertent disclosure of Closed Session materials. He suggested hearing Closed Session in Committee meetings with the final decision being made at the Board meeting. He also suggested a secure website. Director Steel expressed her concern that the time allowed during Closed Session is not enough to read the materials, listen to the discussion and make a decision. She shared the County process, where she receives Closed Session materials at least three days in advance, the documents are clearly marked Confidential and her staff does not open. She stated that every Director is responsible and will not release confidential material. A motion was made by Director Steel and seconded by Director Kim to change the Closed Session policy to provide the Closed Session Material to each Board member at the time of agenda posting unless the information is unavailable at that time. After lengthy discussion, the general agreement was that additional time to thoroughly read Closed Session documents was needed. Several suggestions were offered including: additional time allowance during Closed Session for reading all materials; memo provided to the Board with a basic conceptual idea/overview of any case/item; availability of General Counsel for review of additional documents as requested; secure website with personalized login; Committee review of Closed Session information prior to Board approval; mail delivery to residences only and allowing General Counsel and/or staff discretion as to the advanced release of Closed Session documents. Director Withers suggested a survey be completed as to options that are available and what are the best management practices of other agencies. 11/16/2016 Minutes of Board Meeting Page 12 of 17 Director Curry supports Director Steel's request for additional time, but also stated that due to past experiences, he is concerned with mailing paper documents. He suggested the use of a secure website which allows read only access to confidential documents. A SUBSTITUTE MOTION WAS MADE BY DIRECTOR CURRY, SECONDED BY VICE-CHAIR SEBOURN, AND DULY CARRIED TO: Direct General Counsel and staff to bring back to the Board of Directors a recommendation of how to effectively provide closed session documents in advance of the meeting. AYES: NOES: ABSTENTIONS: ABSENT: Beamish; Curry; Ferryman; Katapodis; Kiley; Kim; Kring; Mills; M. Murphy (Alternate); R. Murphy; Nagel; Neugebauer; Nielsen; Parker; Sebourn; Shawver; F. Smith; Wanke; Withers and Yarc Steel None Choi; Deaton; Jones and Tinajero 21. WASTEWATER REFUNDING REVENUE OBLIGATIONS, SERIES 2017A (Lorenzo Tyner) Director of Finance & Administrative Services Lorenzo Tyner provided a brief description of the item and explained the cost of refunding to be approximately $100,000. 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, Series 2017A, in an amount sufficient to refund up to $91,620,000 of COP Series 2007A. AYES: NOES: ABSTENTIONS: ABSENT: Beamish; Curry; Ferryman; Katapodis; Kiley; Kim; Kring; Mills; M. Murphy (Alternate); R. Murphy; Nagel; Neugebauer; Nielsen; Parker; Sebourn; Shawver; F. Smith; Steel; Wanke; Withers and Yarc None None Choi; Deaton; Jones and Tinajero 22. TRUCK LOADING BAY ODOR CONTROL AT PLANT NO. 2, CONTRACT NO. P2-92A (Rob Thompson) Director of Engineering Rob Thompson provided a brief overview of the item, responded to a question regarding the difference between the engineer's estimate and the bid price and assured the Board that this was a responsible bid. 11/16/2016 Minutes of Board Meeting Page 13 of 17 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 Truck Loading Bay Odor Control at Plant No. 2, Contract No. P2-92A, for a total amount not to exceed $3,304,000; and C. Approve a contingency of $330,400 (10%). AYES: NOES: ABSTENTIONS: ABSENT: Beamish; Curry; Ferryman; Katapodis; Kiley; Kim; Kring; Mills; M. Murphy (Alternate); R. Murphy; Nagel; Neugebauer; Nielsen; Parker; Sebourn; Shawver; F. Smith; Steel; Wanke; Withers and Yarc None None Choi; Deaton; Jones and Tinajero 23. OCSD/OCWD JOINT AGREEMENT FOR GWRS FINAL EXPANSION (Rob Thompson) Director of Engineering Rob Thompson provided a brief overview of the item. MOVED, SECONDED, AND DULY CARRIED TO: A. Adopt Resolution No. OCSD 16-30 entitled: "A Resolution of the Orange County Board of Directors adopting findings with respect to the California Environmental Quality Act in consideration of the Groundwater Replenishment System Final Program EIR/EIS (FEIR) as augmented by Addendum No. 6 to the FEIR and related actions"; B. Adopt Resolution No. OCSD 16-31 entitled: "A Resolution of the Orange County Board of Directors adopting findings with respect to the California Environmental Quality Act in consideration of the Orange County Water District Water Projection Enhancement Project Initial Study/Mitigated Negative Declaration and related actions"; and C. Approve the Second Amended Joint Exercise of Powers Agreement for the Development, Operation, and Maintenance of the Groundwater Replenishment System and Green Acres Project. AYES: NOES: ABSTENTIONS: ABSENT: 11/16/2016 Beamish; Curry; Ferryman; Katapodis; Kiley; Kim; Kring; Mills; M. Murphy (Alternate); R. Murphy; Nagel; Neugebauer; Nielsen; Parker; Sebourn; Shawver; F. Smith; Steel; Wanke; Withers and Yarc None None Choi; Deaton; Jones and Tinajero Minutes of Board Meeting Page 14of17 24. PROPERTY ACQUISITION FOR 18475 PACIFIC AND 18484 BANDILIER CIRCLE, FOUNTAIN VALLEY, CA (Rob Thompson) Director of Engineering, Rob Thompson provided a brief overview of the item. MOVED, SECONDED, AND DULY CARRIED TO: Approve of the following actions relating to the transaction of purchase of certain real property interests at 18475 Pacific Street and 18484 Bandilier Circle from Bender Properties and authorize the General Manager and General Counsel to: A. Approve the Preliminary Title Report and the exceptions set forth therein, as provided in the Standard Offer, Agreement and Escrow Instructions for Purchase of Real Estate (Purchase Agreement); and B. Execute the following: 1. Title Approval Letter; 2. Preliminary Change of Ownership Report; 3. Deeds and other evidences of title to the parcel of property that are the subject of the Purchase Agreement; 4. Acceptance of the Grant Deed to certain real property from Bender Properties; 5. Approved Estimated Closing Statement; 6. Seller's Mandatory Disclosure Statement acknowledging receipt of this document; 7. Property Information Sheet acknowledging receipt of this document; 8. Natural Hazard Disclosure Report acknowledging receipt of this document; and 9. Any and all other instruments related to the transaction. AYES: Beamish; Curry; Ferryman; Katapodis; Kiley; Kim; Kring; Mills; M. Murphy (Alternate); R. Murphy; Neugebauer; Nielsen; Parker; Sebourn; Shawver; F. Smith; Steel; Wanke; Withers and Yarc NOES: None Nagel ABSTENTIONS: ABSENT: Choi; Deaton; Jones and Tinajero 25. BIOSOLIDS HAULING AND COMPOSTING SERVICE CONTRACTS - RECOMMENDATION TO AWARD CONTRACTS TO NURSERY PRODUCTS, LLC. AND LIBERTY COMPOSTING, INC. (Bob Ghirelli) Assistant General Manager Bob Ghirelli provided an overview of the item and responded to questions regarding: differential between the bid prices and additional cost for fuel surcharges. Mr. Hagin and Purchasing Manager Marc Dubois responded to questions regarding: the timing of the official protest; bidder qualifications; performance bonds; and remedies in place for possible non- performance. 11/16/2016 Minutes of Board Meeting Page 15 of 17 MOVED, SECONDED, AND DULY CARRIED TO: A. Receive and file Bid Tabulation and Recommendation; B. Receive and file Solicitation Phase Protest from Synagro West, LLC. dated August 26, 2016 for Specification No. S-2016-789BD NIB (Step 2 of 2); C. Receive and file Orange County Sanitation District's determination letter dated September 1, 2016; D. Receive and file Orange County Sanitation District's Notice of Intent to Award dated September 14, 2016; E. Receive and file Award Protest Statement from Synagro West, LLC. dated September 20, 2016; F. Receive and file response letter from Nursery Products, LLC. to Award Protest Statement dated September 27, 2016; G. Receive and file Orange County Sanitation District's determination letter dated October 13, 2016; H. Receive and file Appeal of Award Protest Determination from Synagro West, LLC. dated October 20, 2016; I. Receive and file Orange County Sanitation District's Appeal Decision dated November 2, 2016; J. Deny Appeal of Award Protest filed by Synagro West, LLC; K. Award a service contract for an estimated annual amount not to exceed $3,828,400 per year to Nursery Products, LLC. as the Primary Contractor to haul and compost a non-guarantee minimum of 150 wet tons per day (WTPD) of biosolids from Orange County Sanitation District's (OCSD) Reclamation Plant No. 1 and/or Treatment Plant No. 2 for a period of one (1 ), five-year term, with five (5), one-year optional renewals, for a unit price of $51.00 per wet ton of biosolids coupled with a monthly fuel surcharge cost and an annual Consumer Price Index (CPI) adjustment. Should hauling to alternative sites be necessary, unit prices are listed in the bid price form provided in Attachment; L. Award a service contract for an estimated annual amount not to exceed $1,716,261 per year to Liberty Composting Inc. as the Secondary Contractor to haul and compost a non-guarantee minimum of 75 WTPD of biosolids from OCSD's Reclamation Plant No. 1 and/or Treatment Plant No. 2 for a period of one (1 ), five-year term with five (5), one-year optional renewals, for a unit price of $57.92 per wet ton of biosolids coupled with a monthly fuel surcharge cost and an annual Consumer Price Index (CPI) adjustment. Should hauling to alternative sites be necessary, unit prices are listed in the bid price form provided in Attachment; and M. Approve an aggregate annual unit price contingency of 5% for each contract. AYES: Beamish; Curry; Ferryman; Katapodis; Kiley; Kim; Kring; Mills; M. Murphy (Alternate); R. Murphy; Nagel; Neugebauer; Nielsen; Parker; Sebourn; Shawver; F. Smith; Steel; Wanke; Withers and Yarc NOES: None 11 /16/2016 Minutes of Board Meeting Page 16of17 ABSTENTIONS: None ABSENT: Choi; Deaton; Jones and Tinajero INFORMATION ITEMS : None. AB 1234 REPORTS: Director Ferryman provided an update on the recent OCCOG meeting and reported on status of the recruitment for the NWRI General Manager and the successful outcome of the NWRI audit review. CLOSED SESSION: General Counsel, Brad Hagin stated there would be no closed session. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: Director Kring wished everyone a Happy Thanksgiving . Chair Nielsen provided final remarks ; thanked the Directors, staff, past Board Chairs and Vice -Chair Sebourn for the support and wished everyone well. Vice-Chair Sebourn announced that in accordance with Resolution No . OCSD 15-17, the Board will consider nominations and conduct an election for the position of Vice Chairperson of the Board of Directors at the December 14, 2016 meeting. ADJOURNMENT: At 7:55 p.m. Chair Nielsen adjourned the meeting until the Regular Board Meeting on December 14, 2016 at 6 :00 p.m. The meeting was adjourned in the memory of former OCSD employees Barbara Collins and Doug Kanis . Submitted by : 11/16/2016 Minutes of Board Meeting Page 17of17