HomeMy WebLinkAbout01-25-2017 Board Meeting Minutes01/25/2017
Orange County Sanitation District
CORRECTED MINUTES
BOARD MEETING
January 25, 2017
Administration Building
10844 Ellis Avenue
Fountain Valley, California 92708-7018
Minutes of Board Meeting Page 1of12
ROLL CALL
A regular meeting of the Board of Directors of the Orange County Sanitation District was
called to order by Board Chair Greg Sebourn on January 25, 2017, at 6:00 p.m., in the
Administration Building. Director Michelle Steel delivered the invocation and led the
Pledge of Allegiance.
The Clerk of the Board provided late communication regarding Item No. 1. Two additional
appointments were received after the posting of the agenda.
1. RECEIVE AND FILE MINUTE EXCERPTS OF MEMBER AGENCIES RELATING
TO APPOINTMENTS TO THE ORANGE COUNTY SANITATION DISTRICT
BOARD OF DIRECTORS (Clerk of the Board)
Received and filed Minute Excerpts of member agencies relating to appointments
to the Orange County Sanitation District Board, as follows:
City I Agency
City of Anaheim
City of Brea
City of Fountain Valley
City of Garden Grove
City of Huntington Beach
City of Irvine
City of La Habra
City of La Palma
City of Los Alamitos
City of Newport Beach
City of Placentia
City of Seal Beach
City of Stanton
City of Tustin
City of Villa Park
Costa Mesa Sanitary District
Yorba Linda Water District
Irvine Ranch Water District
City of Buena Park
01/25/2017
Active Director
Denise Barnes
Glenn Parker
Steve Nagel
Steve Jones
Barbara Delgleize
Donald Wagner
Tim Shaw
Peter Kim
Richard Murphy
Scott Peotte r
Chad Wanke
Ellery Deaton
Dave Shawver
Allan Bernstein
Robert Collacott
James Ferryman
Phil Hawkins
John Withers
Fred Smith
Minutes of Board Meeting
Alternate Director
Lucille Kring
Cecilia Hupp
Cheryl Brothers
Kris Beard
Erik Petersen
Lynn Schott
Michael Blazey
Gerard Goedhart
Warren Kusumoto
Kevin Muldoon
Ward Smith
Sandra Massa-Lavitt
Carol Warren
Chuck Puckett
Diana Fascenelli
Bob Ooten
Brooke Jones
Doug Reinhart
Virginia Vaughn
Page 2of12
The Clerk of the Board declared a quorum present as follows:
ACTIVE DIRECTORS ALTERNATE DIRECTORS
x Gregory Sebourn, Chair Doug Chaffee
x Denise Barnes Lucille Kring
x Allan Bernstein Chuck Puckett
x Robert Collacott Diana Fascenelli
Ellery Deaton x Sandra Massa-Lavitt
x Barbara Delgleize Erik Peterson
x James M. Ferryman Bob Ooten
Phil Hawkins x Brooke Jones
Steven Jones x Kris Beard
x Peter Kim Gerard Goedhart
x Al Krippner Charlie Nguyen
x Richard Murphy Warren Kusumoto
A Steve Nagel Cheryl Brothers
A Glenn Parker Cecilia Hupp
x Scott Peotter Kevin Muldoon
Tim Shaw x Michael Blazey
x David Shawver Carol Warren
x Fred Smith Virginia Vaughn
x Teresa Smith Mark Murphy
x Michelle Steel Shawn Nelson
x Sal Tinajero David Benavides
x Donald Wagner Lynn Schott
x Chad Wanke Ward Smith
x John Withers Douglas Reinhart
Mariellen Yarc x 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; Celia Chandler, Director of Human Resources; Jim
Colston, Director of Environmental Services; Miriam Angold; Jennifer Cabral; Mike
Dorman; Mark Esquer; Damein Fabrizio; Al Garcia; Tina Knapp; Mark Manzo; Gerry
Matthews; Kathy Millea; and Jeff Mohr.
OTHERS PRESENT: Brad Hogin (General Counsel); Jason Burden, Flatiron West Inc.;
James Clark, Black & Veatch; and Eleanor Torres, OCWD.
01/25/2017 Minutes of Board Meeting Page 3 of 12
PUBLIC COMMENTS:
None.
SPECIAL PRESENTATIONS:
• Employee Service Awards:
Director of Environmental Services, Jim Colston presented a 25-year service award
to Yu Li Tsai, Senior Scientist (Division 630).
ELECTIONS:
General Counsel, Brad Hagin announced that the following nominations were made for
Board Vice-Chairperson at the Board of Directors meeting held on December 14, 2016:
• Director David Shawver
• Director John Withers
• Director Lucille Kring
He stated that subsequent to this meeting, Lucille Kring was not reappointed as the
representative from the City of Anaheim and is therefore no longer eligible for the position
of Board Vice-Chairperson. Mr. Hagin provided further instructions and facilitated the
election for the Vice-Chairperson of the Board of Directors.
Director Withers and Director Shawver addressed the Board with qualifying statements.
Kelly Lore, Clerk of the Board proceeded to take the vote by roll call:
SHAWVER:
WITHERS:
Barnes; Beard (Alternate); Berry (Alternate); Delgleize; B. Jones
(Alternate); Kim; Krippner; Massa-Lavitt (Alternate); R. Murphy;
Shawver; F. Smith; T. Smith; Steel; Tinajero; Wanke; and Withers
Bernstein; Blazey (Alternate); Collacott; Ferryman; Peotter; Sebourn;
and Wagner
Mr. Hagin announced that by a vote of 16/7, Director Shawver had been elected as Board
Vice-Chairman to be effective immediately.
Board Vice-Chair Shawver thanked everyone for their support.
REPORTS:
Chair Sebourn congratulated Vice-Chair Shawver and acknowledged Director Withers.
He commended both gentleman on the way they conducted themselves during the
election period.
01/25/2017 Minutes of Board Meeting Page 4 of 12
Chair Sebourn announced that Board Orientation will take place on February 15th and
March 15th from 3:00 -5:00 p.m. and that all Board Members and Alternate Board
Members are encouraged to attend. He stated that closed toed shoes are required as the
orientation will include a tour of Plant No. 1. He also encouraged the Board to contact
General Manager, Jim Herberg with any questions about OCSD.
Board Chair Sebourn announced recently appointed Committee Assignments:
Administration Committee:
Chad Wanke, Chair
Don Wagner, Vice-Chair
Steering Committee:
Tim Shaw
Don Wagner
Chad Wanke
Audit Ad Hoc Committee:
Glenn Parker
Peter Kim
LaPA Committee:
Tim Shaw
Don Wagner
Chad Wanke
GWRS Steering Committee:
Phil Hawkins
Tim Shaw
Don Wagner
General Manager, Jim Herberg reported on the recent storms. He stated that during the
event, possibly the highest flows OCSD had ever recorded, the high flow element in the
OCSD Integrated Emergency Response Plan was activated but was successfully
handled. He thanked the dedicated staff, and our sister agencies who worked together
to weather this storm. Mr. Herberg also stated that Ed Torres, Director of Operations and
Maintenance, will provide an informational presentation next month about the event.
Mr. Herberg noted that on the agenda tonight, staff is recommending adoption of a
resolution to enter into a Memorandum of Understanding with OCERS establishing the
terms for early pay off of OCSD's Unfunded Actuarial Accrued Liabilities (UAAL). He
stated that the OCERS Board members expressed appreciation of OCSD's efforts to pay
down OCSD's UAAL early.
Mr. Herberg asked that the meeting tonight be adjourned in memory of Brent Wride, a
data management technician in our GIS group who passed away on January 7th after
battling a serious illness. Brent had been with OCSD for 3 years; however, he had made
a real impact and was a valued member of our IT team, the Wellness Committee and the
Emergency Response Team. He left behind a wife and four young children.
01/25/2017 Minutes of Board Meeting Page 5of12
CONSENT CALENDAR:
Item No. 3 pulled and heard separately.
3. 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 14, 2016.
AYES: Barnes; Bernstein; Ferryman; Kim; Krippner; R. Murphy;
Peotter; Sebourn; Shawver; F. Smith; T. Smith; Steel;
Tinajero; Wagner; Wanke; and Withers
NOES: None
ABSTENTIONS: Beard (Alternate); Berry (Alternate); Blazey (Alternate);
Collacott; Delgleize; B. Jones (Alternate); and Massa-Lavitt
(Alternate)
ABSENT: Nagel and Parker
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 the collection of all charges and
fees owed for sanitary sewer service charges, plus interest of 5.75% per annum,
with Van Law Food Products, Inc., in a form approved by General Counsel.
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Barnes; Beard (Alternate); Berry (Alternate); Bernstein;
Blazey (Alternate); Collacott; Massa-Lavitt (Alternate);
Delgleize; Ferryman; B. Jones (Alternate); Kim; Krippner;
R. Murphy; Peotter; Sebourn; Shawver; F. Smith; T. Smith;
Steel; Tinajero; Wagner; Wanke; and Withers
None
None
Nagel and Parker
5. TAYLOR-DUNN CART PURCHASE FROM YALE CHASE EQUIPMENT AND
SERVICES, INC. (Ed Torres)
MOVED, SECONDED, AND DULY CARRIED TO:
A. Authorize the award of a sole source purchase of nineteen (19) Taylor-Dunn
electric carts from Yale Chase Equipment and Services, Inc., in accordance
with 03/28/01 Minute Order 12(C)(2), for a total cost of $212, 127 to include
tax and delivery; and
B. Approve a contingency of $10,606 (5%).
01/25/2017 Minutes of Board Meeting Page 6 of 12
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Barnes; Beard (Alternate); Berry (Alternate); Bernstein;
Blazey (Alternate); Collacott; Massa-Lavitt (Alternate);
Delgleize; Ferryman; B. Jones (Alternate); Kim; Krippner;
R. Murphy; Peotter; Sebourn; Shawver; F. Smith; T. Smith;
Steel; Tinajero; Wagner; Wanke; and Withers
None
None
Nagel and Parker
Item No. 6 pulled and heard separately.
6. MEMORANDUM OF UNDERSTANDING WITH ORANGE COUNTY
EMPLOYEES' RETIREMENT SYSTEM REGARDING PAYMENT OF
UNFUNDED ACTUARIAL ACCRUED LIABILITIES (Lorenzo Tyner)
Director Peotter asked that this item be pulled to inquire if the Administration
Committee had heard this item. Director of Finance and Administrative Services
Lorenzo Tyner explained that the Administration Committee and the Board of
Directors previously budgeted and approved the paydown. He stated that the
requested MOU is necessary to set forth terms and conditions under which
OCERS will recognize and apply the contribution; and that due to the Committee
being dark in January, and to act in conjunction with the OCERS Board, the item
was placed on tonight's agenda. Mr. Tyner also provided a brief history of the
intent of the Board's decision to paydown the UAAL.
MOVED, SECONDED, AND DULY CARRIED TO: Adopt Resolution No. OCSD
17-01 entitled; "A Resolution of the Board of Directors of the Orange County
Sanitation District authorizing the General Manager to enter into a Memorandum
of Understanding with the Orange County Employees' Retirement System
establishing the terms to recognize and apply the District's full satisfaction of its
Unfunded Accrued Actuarial Liability and deferred Unfunded Accrued Actuarial
Liability."
AYES:
NOES:
ABSTENTIONS:
ABSENT:
01/25/2017
Barnes; Beard (Alternate); Berry (Alternate); Bernstein;
Blazey (Alternate); Collacott; Massa-Lavitt (Alternate);
Delgleize; Ferryman; B. Jones (Alternate); Kim; Krippner;
R. Murphy; Sebourn; Shawver; F. Smith; T. Smith; Steel;
Tinajero; Wagner; Wanke; and Withers
Peotter
None
Nagel and Parker
Minutes of Board Meeting Page 7of12
RECEIVE AND FILE: These items require no action; and without objection, will be so ordered
by the Board Chair.
7. REPORT OF THE INVESTMENT TRANSACTIONS FOR THE MONTH OF
DECEMBER 2016 (Lorenzo Tyner)
Received and filed the report of the Investment Transactions for the month of
December 2016.
STEERING COMMITTEE:
8. OUTREACH FOR GROUNDWATER REPLENISHMENT SYSTEM (GWRS)
BOTTLED WATER AND THE 10TH ANNIVERSARY OF THE GWRS
(Bob Ghirelli)
Assistant General Manager, Bob Ghirelli provided a brief report on the item. Board
Chair Sebourn stated that the Steering Committee unanimously approved the item.
MOVED. SECONDED. AND DULY CARRIED TO: Approve $63,000 as the
Orange County Sanitation District's share of costs related to GWRS bottled water
outreach efforts.
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Barnes; Beard (Alternate); Berry (Alternate); Bernstein;
Blazey (Alternate); Collacott; Massa-Lavitt (Alternate);
Delgleize; Ferryman; B. Jones (Alternate); Kim; Krippner;
R. Murphy; Peotter; Sebourn; Shawver; F. Smith; T. Smith;
Steel; Tinajero; Wagner; Wanke; and Withers
None
None
Nagel and Parker
9. GENERAL MANAGER'S FY 2016-2017 WORK PLAN MID-YEAR UPDATE
(Jim Herberg)
Mr. Herberg provided a brief report on the status of the FY 2016-17 Work Plan
initiatives including: Cyber Security; Plant Safety; Physical Security; Succession
Planning; Resource Recovery; Reliability; Operational Resiliency; and alternative
locations for the OCSD Headquarters Building.
MOVED. SECONDED, AND DULY CARRIED TO: Receive and file the General
Manager's FY 2016-2017 Work Plan Mid-Year Update.
AYES:
01/25/2017
Barnes; Beard (Alternate); Berry (Alternate); Bernstein;
Blazey (Alternate); Collacott; Massa-Lavitt (Alternate);
Delgleize; Ferryman; B. Jones (Alternate); Kim; Krippner;
R. Murphy; Peotter; Sebourn; Shawver; F. Smith; T. Smith;
Steel; Tinajero; Wagner; Wanke; and Withers
Minutes of Board Meeting Page 8 of 12
NOES:
ABSTENTIONS:
ABSENT:
None
None
Nagel and Parker
NON-CONSENT CALENDAR:
10. REIMBURSEMENT AGREEMENT WITH ORANGE COUNTY FLOOD
CONTROL DISTRICT FOR FULLERTON CREEK CHANNEL PROJECT
(Rob Thompson)
Director of Engineering, Rob Thompson provided a brief history of the Channel
and the modifications required to complete the work under one construction action.
MOVED, SECONDED. AND DULY CARRIED TO: Approve a Reimbursement
Agreement with the Orange County Flood Control District for the modifications to
the Magnolia Relief Sewer under the Fullerton Creek Channel, in the City of Buena
Park.
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Barnes; Beard (Alternate); Berry (Alternate); Bernstein;
Blazey (Alternate); Collacott; Massa-Lavitt (Alternate);
Delgleize; Ferryman; B. Jones (Alternate); Kim; Krippner;
R. Murphy; Peotter; Sebourn; Shawver; F. Smith; T. Smith;
Steel; Tinajero; Wagner; Wanke; and Withers
None
None
Nagel and Parker
11. CONSOLIDATED DEMOLITION AND UTILITY IMPROVEMENTS AT PLANT
NO. 2, PROJECT NO. P2-110 (Rob Thompson)
Board Chair Sebourn recused himself and left the room for the discussion and vote
on Item No. 11 due to a conflict of interest.
Board Vice-Chair Shawver presided.
Mr. Thompson provided a brief overview and history of the consolidated demolition
project. He also provided information regarding a protest that was received noting
there was no merit to the protest found.
Mr. Thompson responded to questions regarding the large variance between the
engineer's estimate and the bids that were received. He stated that demolition is
a market driven situation, with varying factors including: storage; taking up the road
base; and recycling. Mr. Herberg stated his confidence in the accuracy of the bids.
01/25/2017 Minutes of Board Meeting Page 9of12
MOVED, SECONDED, AND DULY CARRIED TO:
A Receive and file Bid Tabulation and Recommendation for Consolidated
Demolition and Utility Improvements at Plant No. 2, Project No. P2-11 O;
B. Receive and file Orange County Sanitation District's Notice of Intent to
Award dated December 5, 2016;
C. Receive and file Award Protest from Shimmick Construction Co., Inc dated
December 13, 2016, concerning the award to Flatiron West, Inc.;
D. Receive and file response letter from Flatiron West, Inc. dated December
20, 2016, regarding the bid protest of Shimmick Construction Co., Inc.;
E. Receive and file Orange County Sanitation District's determination letter
dated December 27, 2016, to Shimmick Construction Co., Inc. responding
to Award Protest;
F. Deny Award Protest filed by Shimmick Construction Co., Inc.;
G. Award a Construction Contract to Flatiron West Inc. for Consolidated
Demolition and Utility Improvements at Plant No. 2, Project No. P2-110, for
a total amount not to exceed $16,730,000; and
H. Approve a contingency of $1,338,400 (8%);
I. Approve a Professional Consultant Services Agreement with Stantec
Consulting Services, Inc. to provide construction support services for
Consolidated Demolition and Utility Improvements at Plant No. 2, Project
No. P2-110, for an amount not to exceed $1 ,499,839; and
J. Approve a Professional Consultant Services Agreement contingency of
$149,984 (10%).
AYES:
NOES:
ABSTENTIONS:
ABSENT:
01/25/2017
Barnes; Beard (Alternate); Berry (Alternate); Bernstein;
Blazey (Alternate); Collacott; Massa-Lavitt (Alternate);
Delgleize; Ferryman; B. Jones (Alternate); Kim; Krippner;
R. Murphy; Peotter; Shawver; F. Smith; T. Smith; Steel;
Tinajero; Wagner; Wanke; and Withers
None
None
Nagel; Parker and Sebourn
Minutes of Board Meeting Page 10of12
AB 1234 REPORTS:
Director Ferryman provided an update on the NWRI General Manager recruitment and
announced upcoming meeting dates of the OCCOG, SARFC and Border Patrol
committees.
Chair Sebourn reported on his recent attendance at the ACC-OC Energy and
Environment Policy Committee on January 23rd, where he serves as the Chairman. He
invited the Board to attend future meetings if interested
INFORMATION ITEMS:
None.
CLOSED SESSION:
CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE
SECTIONS 54956.9(d)(1), 54956.9(d)(2) & 54956.8:
The Board convened in closed session at 7:02 p.m. to discuss two items. (Items No. 2,
4 and 5 were not heard.) 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.
RECONVENED IN REGULAR SESSION:
The Board reconvened in regular session at 7:31 p.m.
CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED
SESSION:
General Counsel Brad Hagin stated that the Board of Directors unanimously voted to
deny the claims of Melissa Forman-Woodbridge and Roy Hendy.
AYES:
NOES:
ABSTENTIONS:
ABSENT:
01/25/2017
Barnes; Beard (Alternate); Berry (Alternate); Bernstein;
Blazey (Alternate); Collacott; Massa-Lavitt (Alternate);
Delgleize; Ferryman; B. Jones (Alternate); Kim; Krippner;
R. Murphy; Peotter; Sebourn; Shawver; F. Smith; T. Smith;
Steel; Tinajero; Wagner; Wanke; and Withers
None
None
Nagel and Parker
Minutes of Board Meeting Page 11 of 12
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS,
IFANY:
At the inquiry of Director Withers , Mr . Thompson provided information on recent
negotiations with OC Flood Control regarding a possible fee for right of entry, where
OCSD had pipeline that crisscrosses the County . Director Steel stated that this item was
brought before the Board of Supervisors and was denied.
ADJOURNMENT:
At 7 :34 p.m . Chair Sebourn adjourned the meeting until the Special Meeting
(Board Orientation) on February 15 , 2017 at 3:00 p .m . in memory of former employee
Brent Wride.
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