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HomeMy WebLinkAbout03-22-2017 Board Meeting Minutes 03/22/2017 Minutes of Board Meeting Page 1 of 10 Orange County Sanitation District Corrected MINUTES BOARD MEETING March 22, 2017 Administration Building 10844 Ellis Avenue Fountain Valley, California 92708-7018 03/22/2017 Minutes of Board Meeting Page 2 of 10 ROLL CALL A regular meeting of the Board of Directors of the Orange County Sanitation District was called to order by Vice-Chair David Shawver on March 22, 2017, at 6:08 p.m., in the Administration Building. Director Fred Smith delivered the invocation and led the Pledge of Allegiance. 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/AGENCY DIRECTOR ALTERNATE DIR. OC Board of Supervisors Michelle Steel Shawn Nelson The Clerk of the Board declared a quorum present as follows: ACTIVE DIRECTORS ALTERNATE DIRECTORS A Gregory Sebourn, Chair Jesus Silva X Denise Barnes Lucille Kring X Allan Bernstein Chuck Puckett X Robert Collacott Diana Fascenelli X Ellery Deaton Sandra Massa-Lavitt X Barbara Delgleize Erik Peterson X James M. Ferryman Bob Ooten X Phil Hawkins Brooke Jones X Steven Jones 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 Brad Avery X Tim Shaw Michael Blazey X David Shawver Carol Warren X Fred Smith Virginia Vaughn X Teresa Smith Mark Murphy X Michelle Steel Shawn Nelson A Sal Tinajero David Benavides X Donald Wagner Lynn Schott X Chad Wanke Ward Smith 03/22/2017 Minutes of Board Meeting Page 3 of 10 X John Withers Douglas Reinhart X Mariellen Yarc Stacy Berry STAFF MEMBERS PRESENT: Jim Herberg, General Manager; Bob Ghirelli, Assistant General Manager; Celia Chandler, Director of Human Resources; Jim Colston, Director of Environmental Services; Ed Torres, Director of Operations and Maintenance; Rob Thompson, Director of Engineering; Lorenzo Tyner, Director of Finance & Administrative Services; Miriam Angold; Jennifer Cabral; Carla Dillon; Mike Dorman; Dean Fisher; Al Garcia; Tina Knapp; Annie Larkins; Mark Manzo; Kathy Millea; and Jeff Mohr. OTHERS PRESENT: Brad Hogin (General Counsel); Alternate Director Bob Ooten (CMSD); Deborah Diep, Center for Demographic Research; and Patrick Shields, IRWD. PUBLIC COMMENTS: None. Clerk of the Board Kelly Lore, provided Late Communication to the Board of Directors regarding Item No.13 & Closed Session Item No. 5. SPECIAL PRESENTATIONS: • Employee Service Awards: Director of Operations and Maintenance Ed Torres presented a service award to Selwyn Mansell, Operations Supervisor – Division 840 (30 years) REPORTS: Vice-Chair Shawver complimented staff and the Directors for the successful Board Orientations recently held on February 15th and March 15th. A survey was distributed to the Directors for comments and input to better prepare for future Orientations. Vice-Chair Shawver announced that thanks to AB 2022, the bottling of GWRS water has been completed and is now being used for educational purposes. One bottle was distributed to each Director tonight and was also distributed at the WateReuse Conference in San Diego and to the OCSD staff on March 20th. He also announced that on April 18th OCSD and OCWD will be co-hosting a reception in Sacramento. General Manager, Jim Herberg did not provide a report. CONSENT CALENDAR: 2. APPROVAL OF MINUTES (Clerk of the Board) MOVED, SECONDED, AND DULY CARRIED TO: Approve the minutes of the Special Board of Directors Meeting held on February 15, 2017 and the Regular Board of Directors Meeting held on February 22, 2017. 03/22/2017 Minutes of Board Meeting Page 4 of 10 AYES: Barnes; Bernstein; Collacott; Deaton; Delgleize; Ferryman; Hawkins; Jones; Kim; Krippner; R. Murphy; Peotter; Shaw; Shawver; F. Smith; T. Smith; Steel; Wagner; Wanke; Withers; and Yarc NOES: None ABSTENTIONS: None ABSENT: Nagel; Parker; Sebourn; and Tinajero 3. 2017 CONFLICT OF INTEREST CODE (Clerk of the Board) MOVED, SECONDED, AND DULY CARRIED TO: Adopt Resolution No. OCSD 17-03 entitled, “A Resolution of the Board of Directors of Orange County Sanitation District adopting a Conflict of Interest Code which supersedes all prior Conflict of Interest Codes and amendments previously adopted.” AYES: Barnes; Bernstein; Collacott; Deaton; Delgleize; Ferryman; Hawkins; Jones; Kim; Krippner; R. Murphy; Peotter; Shaw; Shawver; F. Smith; T. Smith; Steel; Wagner; Wanke; Withers; and Yarc NOES: None ABSTENTIONS: None ABSENT: Nagel; Parker; Sebourn; and Tinajero RECEIVE AND FILE:U These items require no action; and without objection, will be so ordered by the Board Chair. 4. COMMITTEE MINUTES (Clerk of the Board) Received and filed the approved minutes of the following committees: A. Steering Committee Meeting of January 25, 2017 B. Operations Committee Meeting of February 1, 2017 C. Legislative and Public Affairs Committee Meeting of February 6, 2017 D. Administration Committee Meeting of February 8, 2017 E. Audit Ad Hoc Committee Meeting of March 10, 2017 5. REPORT OF THE INVESTMENT TRANSACTIONS FOR THE MONTH OF FEBRUARY 2017 (Lorenzo Tyner) Received and filed the report of the Investment Transactions for the month of February 2017. 03/22/2017 Minutes of Board Meeting Page 5 of 10 OPERATIONS COMMITTEE: 6. CAPITAL IMPROVEMENT PROGRAM CONTRACT PERFORMANCE REPORT (Rob Thompson) MOVED, SECONDED, AND DULY CARRIED TO: Receive and file the Capital Improvement Project Contract Performance Report for the period ending December 31, 2016. AYES: Barnes; Bernstein; Collacott; Deaton; Delgleize; Ferryman; Hawkins; Jones; Kim; Krippner; R. Murphy; Peotter; Shaw; Shawver; F. Smith; T. Smith; Steel; Wagner; Wanke; Withers; and Yarc NOES: None ABSTENTIONS: None ABSENT: Nagel; Parker; Sebourn; and Tinajero 7. NEWHOPE-PLACENTIA TRUNK REPLACEMENT, PROJECT NO. 2-72 (Rob Thompson) MOVED, SECONDED, AND DULY CARRIED TO: A. Approve Cooperative Agreement between the Orange County Sanitation District and the City of Anaheim for water supply pipe replacement on State College Boulevard along portions of the Newhope-Placentia Trunk Replacement, Segment B, Contract No. 2-72B, for an estimated amount of $1,300,000 to be reimbursed by the City of Anaheim; B. Approve a budget increase of $1,300,000 for the Newhope-Placentia Trunk Replacement, Project No. 2-72 for a total budget amount of $101,375,000; and C. Approve a contingency increase of $220,000 (3%) to the Professional Design Services Agreement with Lee & Ro, Inc. for the Newhope-Placentia Trunk Replacement, Project No. 2-72, for a for a total contingency of $1,066,823 (13%). AYES: Barnes; Bernstein; Collacott; Deaton; Delgleize; Ferryman; Hawkins; Jones; Kim; Krippner; R. Murphy; Peotter; Shaw; Shawver; F. Smith; T. Smith; Steel; Wagner; Wanke; Withers; and Yarc NOES: None ABSTENTIONS: None ABSENT: Nagel; Parker; Sebourn; and Tinajero 8. SLUDGE DIGESTER REHABILITATION AT PLANT NO. 1, PROJECT NO. P1-100 (Rob Thompson) 03/22/2017 Minutes of Board Meeting Page 6 of 10 MOVED, SECONDED, AND DULY CARRIED TO: Approve a contingency increase of $1,005,000 (3%) to the construction contract with J.R. Filanc Construction Company, Inc. for Sludge Digester Rehabilitation at Plant No. 1, Project No. P1-100, for a total contingency of $10,217,500 (30.5%). AYES: Barnes; Bernstein; Collacott; Deaton; Delgleize; Ferryman; Hawkins; Jones; Kim; Krippner; R. Murphy; Peotter; Shaw; Shawver; F. Smith; T. Smith; Steel; Wagner; Wanke; Withers; and Yarc NOES: None ABSTENTIONS: None ABSENT: Nagel; Parker; Sebourn; and Tinajero Item No. 9 pulled and heard separately. 9. DOIG DRIVE BUILDING DISPOSAL (Rob Thompson) At the request of Director Peotter an alternate recommendation was provided for this item to be referred to the Administration Committee. MOVED, SECONDED, AND DULY CARRIED TO: Accept the designation of Orange County Sanitation District property at 7311 Doig Drive as surplus and refer the item to the Administration Committee for disposition. AYES: Barnes; Bernstein; Collacott; Deaton; Delgleize; Ferryman; Hawkins; Jones; Kim; Krippner; R. Murphy; Peotter; Shaw; Shawver; F. Smith; T. Smith; Steel; Wagner; Wanke; Withers; and Yarc NOES: None ABSTENTIONS: None ABSENT: Nagel; Parker; Sebourn; and Tinajero ADMINISTRATION COMMITTEE: None. STEERING COMMITTEE: Vice-Chair Shawver noted that the item required approval as revised by the supplemental agenda. 10. 2017-20 SPONSORSHIP OF THE CENTER FOR DEMOGRAPHIC RESEARCH (Rob Thompson) MOVED, SECONDED, AND DULY CARRIED TO: Approve a three-year Memorandum of Understanding with California State University, Fullerton Auxiliary Services Corporation for Operation of the Center for Demographic Research, for 03/22/2017 Minutes of Board Meeting Page 7 of 10 the period July 1, 2017 through June 30, 2020, for a total amount not to exceed $282,005.26. AYES: Barnes; Bernstein; Collacott; Deaton; Delgleize; Ferryman; Hawkins; Jones; Kim; Krippner; R. Murphy; Peotter; Shaw; Shawver; F. Smith; T. Smith; Steel; Wagner; Wanke; Withers; and Yarc NOES: None ABSTENTIONS: None ABSENT: Nagel; Parker; Sebourn; and Tinajero Director Withers introduced Deborah Diep, Director of the Center for Demographic Research, and stated his appreciation for the informative report she provided to the Steering Committee this evening. Vice-Chair Shawver also thanked Ms. Diep for the clarification of the budget and services received for our agency’s contribution. Director Withers departed the meeting at 6:30 p.m. NON-CONSENT ITEMS: 11. INTERIM FOOD WASTE RECEIVING FACILITY RESOLUTIONS SUPPORTING GRANT APPLICATIONS, PROJECT NO. P2-124 (Rob Thompson) Director of Engineering, Rob Thompson provided a brief introduction of the project. At the request of Director Peotter, Mr. Thompson clarified that this item will be brought back to the Board of Directors prior to acceptance of the grant. MOVED, SECONDED, AND DULY CARRIED TO: A. Adopt Resolution No. OCSD 17-04 entitled: “A Resolution of the Board of Directors of the Orange County Sanitation District Authorizing submittal of application for CalRecycle Organics Program Grant”; and B. Adopt Resolution No. OCSD 17-05 entitled: “A Resolution of the Board of Directors of the Orange County Sanitation District Authorizing submittal of application by Waste Management, Inc. on behalf of the Orange County Sanitation District for the Fourth Cycle Regional Recycling and Waste Reduction Grant for the Orange County Food to Families – Food to Energy Organics Diversion Program Grant.” AYES: Barnes; Bernstein; Collacott; Deaton; Delgleize; Ferryman; Hawkins; Jones; Kim; Krippner; R. Murphy; Peotter; Shaw; Shawver; F. Smith; T. Smith; Steel; Wagner; Wanke; and Yarc NOES: None ABSTENTIONS: None ABSENT: Nagel; Parker; Sebourn; Tinajero; and Withers 03/22/2017 Minutes of Board Meeting Page 8 of 10 12. REHABILITATION OF WESTERN REGIONAL SEWERS, PROJECT NO. 3-64 (Rob Thompson) Mr. Thompson provided a brief introduction of the project. MOVED, SECONDED, AND DULY CARRIED TO: A. Consider, receive, and file the Final Environmental Impact Report for the Rehabilitation of Western Regional Sewers, Project No. 3-64, dated March 22, 2017; and B. Adopt Resolution No. OCSD 17-06, entitled: “A Resolution of the Board of Directors of the Orange County Sanitation District Certifying the Environmental Impact Report for the Rehabilitation of the Western Regional Sewers, Project No. 3-64; Adopting the Corresponding Statement of Overriding Considerations and the Mitigation Monitoring Program; and Approving the Western Regional Sewers, Project No. 3-64. AYES: Barnes; Bernstein; Collacott; Deaton; Delgleize; Ferryman; Hawkins; Jones; Kim; Krippner; R. Murphy; Peotter; Shaw; Shawver; F. Smith; T. Smith; Steel; Wagner; Wanke; and Yarc NOES: None ABSTENTIONS: None ABSENT: Nagel; Parker; Sebourn; Tinajero; and Withers Director Delgleize departed the meeting at 6:41 p.m. 13. CARBON CANYON CLAY PIPE REPAIRS, PROJECT NO. FE16-08 (Rob Thompson) Mr. Thompson provide a short PowerPoint presentation of the deterioration and collapse of the defective pipes described in the project. A late communication was distributed to the Directors regarding updated bidding information which was communicated as an alternative staff recommendation. Mr. Thompson responded to questions regarding the one-year warranty; structural slip-lining; 50-year life expectancy of clay piping and possible sources of odor complaints. MOVED, SECONDED, AND DULY CARRIED TO: A. Authorize the General Manager to receive and review bids, and award a construction contract to the lowest responsive, responsible bidder for an amount not to exceed $432,000 for the Carbon Canyon Clay Pipe Repairs, Project No. FE16-08; and B. Authorize a construction contingency of $150,000 for the Carbon Canyon Clay Pipe Repairs, Project No. FE16-08. 03/22/2017 Minutes of Board Meeting Page 9 of 10 AYES: Barnes; Bernstein; Collacott; Deaton; Ferryman; Hawkins; Jones; Kim; Krippner; R. Murphy; Peotter; Shaw; Shawver; F. Smith; T. Smith; Steel; Wagner; Wanke; and Yarc NOES: None ABSTENTIONS: None ABSENT: Delgleize; Nagel; Parker; Sebourn; Tinajero; and Withers AB 1234 REPORTS: Director Ferryman announced that Kevin Hardy had been hired as the new General Manager of NWRI and thanked Assistant General Manager Bob Ghirelli for his assistance during the recruitment. He then announced upcoming meetings dates of SARFC and OCCOG; and announced that Serge Dedina, Mayor of Imperial Beach, was elected as the new President of the Border Patrol and Escondido council member Ed Gallo was elected as Vice-President. Director Shaw departed the meeting at 6:43 p.m. Director Krippner departed the meeting at 6:45 p.m. CLOSED SESSION: CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1) and 54956(d)(2): The Board convened in closed session at 6:45 p.m. to discuss three 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. RECONVENED IN REGULAR SESSION: The Board reconvened in regular session at 6:50 p.m. CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED SESSION: General Counsel Brad Hogin stated that the Board of Directors unanimously approved the following: MOVED, SECONDED, AND DULY CARRIED TO: (CS-1) Agree with Klean Waters to toll the appeal deadline relating to the second group of administrative penalties. AYES: NOES: ABSTENTIONS: ABSENT: Barnes; Bernstein; Collacott; Deaton; Ferryman; Hawkins; Jones; Kim; R. Murphy; Peotter; Shawver; F. Smith; T. Smith; Steel; Wagner; Wanke; and Yarc None None Delgleize; Krippner; Nagel; Parker; Sebourn; Shaw; Tinajero; and Withers MOVED, SECONDED, AND DULY CARRIED TO: (CS-5) Deny all pediatric dental claims received to date and any future pediatric claims received. AYES: NOES: ABSTENTIONS: ABSENT: Barnes; Bernstein; Collacott; Deaton; Ferryman; Hawkins; Jones; Kim; R. Murphy; Peotter; Shawver; F. Smith; T. Smith; Steel; Wagner; Wanke; and Yarc None None Delgleize; Krippner; Nagel; Parker; Sebourn; Shaw; Tinajero; and Withers MOVED, SECONDED, AND DULY CARRIED TO: (CS-6) Deny claim from Mike Bubalo Construction. AYES: NOES: ABSTENTIONS: ABSENT: Barnes; Bernstein; Collacott; Deaton; Ferryman; Hawkins; Jones; Kim; R. Murphy; Peotter; Shawver; F. Smith; T. Smith; Steel; Wagner; Wanke; and Yarc None None Delgleize; Krippner; Nagel; Parker; Sebourn; Shaw; Tinajero; and Withers OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IFANY: None. ADJOURNMENT: At 6:56 p.m. Vice-Chair Shawver adjourned the meeting until the Regular Meeting of the Board of Directors on April 26, 2017 at 6:00 p.m. 03/22/2017 Minutes of Board Meeting Page 10 of 1 O