HomeMy WebLinkAbout04-26-2017 Board Meeting Minutes04/26/2017
Orange County Sanitation District
MINUTES
BOARD MEETING
April 26, 2017
Administration Building
10844 Ellis Avenue
Fountain Valley, California 92708-7018
Minutes of Board Meeting Page 1 of11
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 April 26, 2017, at 6:13 p.m., in the
Administration Building. Director Glenn Parker 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 Gregory Sebourn, Chair Jesus Silva
Denise Barnes x Lucille Kring
x Allan Bernstein Chuck Puckett
x Robert Collacott Diana Fascenelli
x Ellery Deaton Sandra Massa-Lavitt
Barbara Delgleize x Erik Peterson
x James M. Ferryman Bob Ooten
A Phil Hawkins Brooke Jones
x Steven Jones Kris Beard
x Peter Kim Gerard Goedhart
x Al Krippner Charlie Nguyen
x Richard Murphy Warren Kusumoto
x Steve Nagel Cheryl Brothers
x 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
x John Withers Douqlas Reinhart
x Mariellen Yarc Stacy Berry
STAFF MEMBERS PRESENT: Jim Herberg, General Manager; Bob Ghirelli, Assistant
General Manager; Celia Chandler, Director of Human Resources; Ed Torres, Director of
Operations and Maintenance; Rob Thompson, Director of Engineering; Lorenzo Tyner,
Director of Finance & Administrative Services; Jennifer Cabral; Carla Dillon; Mike
Dorman; Dean Fisher; Al Garcia; Tina Knapp; Kathy Millea; Jeff Mohr; Man Nguyen; and
Roya Sohanaki.
04/26/2017 Minutes of Board Meeting Page 2of11
OTHERS PRESENT: Brad Hagin (General Counsel); Claire Collins Hervey (Special
Counsel); Bob Mackey (CSUF); Alternate Director Bob Ooten (CMSD); and Patrick
Sheilds (IRWD).
PUBLIC COMMENTS:
None.
Clerk of the Board Kelly Lore provided a Late Communication memo to the Board of
Directors regarding Item No.1.
SPECIAL PRESENTATIONS:
None.
REPORTS:
Chair Sebourn reported that on April 18 he, Vice-Chair Shawver, and Director Co/Jacot!
attended a reception in Sacramento hosted by OCSD and the Water District to thank
legislative staff and Committee members for their support in the unanimous passage of
the GWRS bottled water Bill, AB 2022. There were. approximately 50 guests including
Senator Moorlach and Assemblymembers Choi, Bigelow and Harper in attendance.
Chair Sebourn announced that AB 1661 Discrimination/Harassment Prevention Training
will take place at OCSD for the Directors on May 15 & May 18 from 2:00 p.m. -4:00 p.m.
and stated that if you haven't signed up to see the Clerk after the meeting.
Chair Sebourn congratulated Deputy Clerk of the Board Tina Knapp, who recently earned
the designation of Certified Municipal Clerk (CMG).
Chair Sebourn announced that nominations for Board Chair and Vice-Chair will take place
at the next Board meeting on May 24 1h. General Counsel Brad Hagin explained the
nomination and election process.
General Manager Jim Herberg stated that the Director's had each been provided a copy
of the recent "Time" magazine in which OCSD and OCWD's partnership in the GWRS is
mentioned in an article entitled "What it Will Take to Rebuild America'', which highlights
agencies, companies and projects that are leading the way with transformative
infrastructure projects.
Mr. Herberg invited everyone to attend the Honor Walk Ceremony for the induction of
three retired/deceased employees to the walk, on May 24th at 4:00 p.m.
0412612017 Minutes of Board Meeting Page 3of11
CONSENT CALENDAR:
1. 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 March 15, 2017 and the Regular Board
of Directors Meeting held on March 22, 2017 as corrected.
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Bernstein; Collacott; Deaton; Ferryman; Jones; Kim; Krippner;
R. Murphy; Parker; Peotter; Peterson (Alternate); Sebourn;
Shaw; Shawver; F. Smith; T. Smith; Steel; Wagner; Wanke;
Withers; and Yarc
None
Kring (Alternate) and Nagel
Hawkins and Tinajero
2. SEWER RELOCATION AGREEMENT WITH BIG CANYON COUNTRY CLUB
(Rob Thompson)
MOVED. SECONDED, AND DULY CARRIED TO: Approve a Sewer Relocation
Agreement with the Big Canyon Country Club for the relocation of a portion of the
Orange County Sanitation District Big Canyon Trunk Sewer within the Big Canyon
Country Club Golf Course in the City of Newport Beach.
AYES: Bernstein; Collacott; Deaton; Ferryman; Jones; Kim; Kring
(Alternate); Krippner; R. Murphy; Nagel; Parker; Peterson
(Alternate); Sebourn; Shaw; Shawver; F. Smith; T. Smith;
Steel; Wagner; Wanke; Withers; and Yarc
NOES: None
ABSTENTIONS: Pe otter
ABSENT: Hawkins and Tinajero
RECEIVE AND FILE: These items require no action; and without objection, will be so ordered by the
Board Chair.
3. COMMITTEE MINUTES (Clerk of the Board)
Received and filed the approved minutes of the following committees:
A. Steering Committee Meeting of February 22, 2017
B. Operations Committee Meeting of March 1, 2017
C. Administration Committee Meeting of March 8, 2017
4. REPORT OF THE INVESTMENT TRANSACTIONS FOR THE MONTH OF
MARCH 2017 (Lorenzo Tyner)
Received and filed the report of the Investment Transactions for the month of
March 2017.
04/26/2017 Minutes of Board Meeting Page 4 of 11
OPERATIONS COMMITTEE:
5. MENDOZA ODOR CONTROL FACILITY (Ed Torres)
MOVED, SECONDED, AND DULY CARRIED TO:
A. Approve a Site Access and License Agreement with Costa Mesa Sanitary
District (CMSD) to allow mobilization of an odor control chemical dosing
station and injection of chemicals into the Baker-Main Interceptor at 2899
Mendoza Drive in the city of Costa Mesa, in a form approved by General
Counsel; and
B. Approve reimbursement to CMSD for $12,600 per year with annual
adjustments not exceeding a 10% increase over the initial year for storage
facility lease at Orange Coast College's boat yard beginning July 1, 2017
and annually thereafter.
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Bernstein; Collacott; Deaton; Ferryman; Jones; Kim; Kring
(Alternate); Krippner; R. Murphy; Nagel; Parker; Peotter;
Peterson (Alternate); Sebourn; Shaw; Shawver; F. Smith; T.
Smith; Steel; Wagner; Wanke; Withers; and Yarc
None
None
Hawkins and Tinajero
6. HEADQUARTERS COMPLEX, SITE AND SECURITY, AND ENTRANCE
REALIGNMENT PROGRAM, PROJECT NO. P1-128 (Rob Thompson)
MOVED, SECONDED, AND DULY CARRIED TO: Change the preferred
alternative from the southwest corner of Plant No. 1 to the area bounded by Ellis
Avenue on the south, southbound Ellis off-ramp on the east, 1-405 Freeway on the
north, and Ward Street on the west for the location for the Administration Building
and Laboratory Building for CEQA evaluation under the Headquarters Complex,
Site and Security, and Entrance Realignment Program, Project No. P1-128.
AYES:
NOES:
ABSTENTIONS:
ABSENT:
0412612017
Bernstein; Collacott; Deaton; Ferryman; Jones; Kim; Kring
(Alternate); Krippner; R. Murphy; Nagel; Parker; Peotter;
Peterson (Alternate); Sebourn; Shaw; Shawver; F. Smith; T.
Smith; Steel; Wagner; Wanke; Withers; and Yarc
None
None
Hawkins and Tinajero
Minutes of Board Meeting Page 5of11
7. CENTRAL GENERATION ENGINE JET CELL IGNITORS AND CHECK VALVES
REPLACEMENT (Ed Torres)
MOVED. SECONDED. AND DULY CARRIED TO:
A. Approve a Sole Source Purchase Order to GE Oil & Gas Compression
Systems, LLC for the purchase of replacement Jet Cell lgniters and Check
Valves for rehabilitating eight Central Generation Engines at Plant Nos.
1 and 2 for a total not to exceed $1,816,495, plus applicable tax and freight;
and
B. Approve a contingency of $90,825 (5%).
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Bernstein; Collacott; Deaton; Ferryman; Jones; Kim; Kring
(Alternate); Krippner; R. Murphy; Nagel; Parker; Peotter;
Peterson (Alternate); Sebourn; Shaw; Shawver; F. Smith; T.
Smith; Steel; Wagner; Wanke; Withers; and Yarc
None
None
Hawkins and Tinajero
8. UNINTERRUPTIBLE POWER SUPPLY IMPROVEMENTS AT PLANT NO. 1,
PROJECT NO. P1-132 (Rob Thompson)
MOVED, SECONDED, AND DULY CARRIED TO: Establish a project for
Uninterruptible Power Supply Improvements at Plant No.1, Project No. P1-132,
with a budget of $4,800,000.
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Bernstein; Collacott; Deaton; Ferryman; Jones; Kim; Kring
(Alternate); Krippner; R. Murphy; Nagel; Parker; Peotter;
Peterson (Alternate); Sebourn; Shaw; Shawver; F. Smith; T.
Smith; Steel; Wagner; Wanke; Withers; and Yarc
None
None
Hawkins and Tinajero
9. RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO. 2,
PROJECT NO. P2-123 (Rob Thompson)
MOVED, SECONDED, AND DULY CARRIED TO: Establish a project for Return
Activated Sludge Piping Replacement at Plant No. 2, Project No. P2-123, with a
budget of $15,000,000.
AYES:
NOES:
04/26/2017
Bernstein; Collacott; Deaton; Ferryman; Jones; Kim; Kring
(Alternate); Krippner; R. Murphy; Nagel; Parker; Peotter;
Peterson (Alternate); Sebourn; Shaw; Shawver; F. Smith; T.
Smith; Steel; Wagner; Wanke; Withers; and Yarc
None
Minutes of Board Meeting Page 6 of 11
ABSTENTIONS: None
ABSENT: Hawkins and Tinajero
ADMINISTRATION COMMITTEE:
10. FINANCIAL INFORMATION SYSTEM PURCHASE ORDER CONTRACT
RENEWAL (Lorenzo Tyner)
MOVED, SECONDED. AND DULY CARRIED TO:
A. Approve a five-year Purchase Order Contract with Oracle America, Inc. for
an annual amount of $92, 143, for a total not to exceed amount of $460, 715,
commencing July 1, 2017 through June 30, 2022; and
B. Approve a contingency of $46,072 (10%).
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Bernstein; Collacott; Deaton; Ferryman; Jones; Kim; Kring
(Alternate); Krippner; R. Murphy; Nagel; Parker; Peotter;
Peterson (Alternate); Sebourn; Shaw; Shawver; F. Smith; T.
Smith; Steel; Wagner; Wanke; Withers; and Yarc
None
None
Hawkins and Tinajero
11. PURCHASE OF RADIO COMMUNICATION EQUIPMENT AND SERVICES
(Lorenzo Tyner)
MOVED, SECONDED. AND DULY CARRIED TO:
A. Authorize an additional $400,000 to sole source Purchase Order No.
105821-0B with Motorola Solutions utilizing Orange County Price Book
Agreement No. MA060-15011560, for purchases of equipment, services,
and repairs, for a total amount not to exceed $480,000 for the period ending
May 20, 2020;
B. Authorize an immediate purchase of equipment and services for Orange
County Sanitation District's Motorola radio systems, for a total amount of
$148,613, plus applicable tax and freight; and
C. Approve a contingency of $14,861 (10%).
AYES:
NOES:
ABSTENTIONS:
ABSENT:
0412612017
Bernstein; Collacott; Deaton; Ferryman; Jones; Kim; Kring
(Alternate); Krippner; R. Murphy; Nagel; Parker; Peotter;
Peterson (Alternate); Sebourn; Shaw; Shawver; F. Smith; T.
Smith; Steel; Wagner; Wanke; Withers; and Yarc
None
None
Hawkins and Tinajero
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LEGISLATIVE AND PUBLIC AFFAIRS/STEERING COMMITTEE (Joint Meeting):
12. LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE (Bob Ghirelli)
Mr. Herberg stated that a Special Joint Meeting of the two committees had met this
evening and evaluated alternatives for the future of the Legislative and Public
Affairs Committee and have brought forward the a recommendation for the Board's
approval.
MOVED, SECONDED, AND DULY CARRIED TO: Continue with monthly
Legislative and Public Affairs Committee meetings on the second Monday of each
month, with January dark, at a new meeting time of 12 noon.
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Bernstein; Collacott; Deaton; Ferryman; Jones; Kim; Kring
(Alternate); Krippner; R. Murphy; Nagel; Parker; Peotter;
Peterson (Alternate); Sebourn; Shaw; Shawver; F. Smith; T.
Smith; Steel; Wagner; Wanke; Withers; and Yarc
None
None
Hawkins and Tinajero
STEERING COMMITTEE:
13. IRVINE RANCH WATER DISTRICT OUT OF AREA SERVICE AGREEMENT
FOR LOS ALISOS ADDITION (Rob Thompson)
MOVED, SECONDED, AND DULY CARRIED TO: Approve an agreement with
the Irvine Ranch Water District allowing wastewater flow to enter Orange County
Sanitation District's service area from Portola Hills and Baker Ranch, for a period
of three years, from date of execution, and to support Irvine Ranch Water District's
application to the Local Agency Formation Commission for an Orange County
Sanitation District change of service boundaries to permanently service these
areas.
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Bernstein; Collacott; Deaton; Ferryman; Jones; Kim; Kring
(Alternate); Krippner; R. Murphy; Nagel; Parker; Peotter;
Peterson (Alternate); Sebourn; Shaw; Shawver; F. Smith; T.
Smith; Steel; Wagner; Wanke; Withers; and Yarc
None
None
Hawkins and Tinajero
Director Withers departed the meeting at 6:47 p.m.
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14. CLOSED SESSION ATTENDANCE BY DIRECTORS SERVING ON THE
BOARD OF AN ADVERSE PARTY (Jim Herberg)
Mr. Herberg introduced this item and General Counsel Brad Hagin discussed the
importance of confidential communication between attorney and client including
the basic right to hold Closed Session meetings. He stated that tonight one of the
closed session items to be heard involves anticipated litigation between two
agencies where a few OCSD Board Members also sit on the Board of the adverse
party. He explained the disadvantages to the Sanitation District if those certain
Board Members were privy to the confidential communications of both parties. Mr.
Hagin went on to explain the common-law doctrine of incompatible offices and
Government Code Section 1126. He stated this Resolution will set forth policy
regarding Board Members who serve simultaneously on multiple agencies and
their options for participation in Closed Session attendance.
Director Shaw stated that he chose not to participate in the above referenced
Closed Session item at Steering Committee earlier this evening.
MOVED AND SECONDED TO: Adopt Resolution No. OCSD 17-07, entitled: "A
Resolution of the Board of Directors of the Orange County Sanitation District
Establishing Requirements for Attendance at Closed Sessions by Directors Who
Simultaneously Serve on the Governing Body of an Adverse Party".
Discussion ensued regarding: Enforcement mechanisms, alternative solutions,
voluntary recusal, and conflict of interest in open session.
Directors expressed their approval or opposition.
SUBSTITUTE MOTION MOVED AND SECONDED TO: Delay this item for one
month.
Alternate options and repercussions of delaying the item for one month were
discussed.
A roll call vote was taken. The substitute motion failed by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Jones; R. Murphy; Shaw; Steel; and Wanke
Bernstein; Collacott; Deaton; Ferryman; Kim; Kring
(Alternate); Krippner; Nagel; Parker; Peatier; Peterson
(Alternate); Sebourn; Shawver; F. Smith; T. Smith; Wagner;
and Yarc
None
Hawkins; Tinajero and Withers
MOVED, SECONDED, AND DULY CARRIED TO: Adopt Resolution No. OCSD
17-07, entitled: "A Resolution of the Board of Directors of the Orange County
Sanitation District Establishing Requirements for Attendance at Closed Sessions
04/26/2017 Minutes of Board Meeting Page 9 of 11
by Directors Who Simultaneously Serve on the Governing Body of an Adverse
Party".
A roll call vote was taken. The Clerk of the Board announced that the following
vote adopted the Resolution:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Bernstein; Collacott; Deaton; Ferryman; Kim; Kring
(Alternate); Krippner; Nagel; Parker; Peotter; Peterson
(Alternate); Sebourn; Shawver; F. Smith; T. Smith; and Yarc
Jones; R. Murphy; Shaw; Steel; Wagner; and Wanke
None
Hawkins; Tinajero and Withers
AB 1234 REPORTS:
Director Ferryman announced that at the recent NWRI meeting new General Manager
Kevin Hardy established goals and objectives for the future of the organization.
Director Ferryman also announced that OCCOG will be filling two SCAG committee
vacancies at the April 27, 2017 Board of Directors luncheon meeting and one
representative to the Santa Ana Watershed Project Authority will also be filled. He stated
the Border Committee meeting was canceled this month.
Director Steel departed the meeting at 6:54 p.m.
CLOSED SESSION:
CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE
SECTIONS 54956.9(d)(2), 54956(d)(4), and 54956.8:
The Board convened in closed session at 6:55 p.m. to discuss two items. Item No. CS-2
was 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.
Director Nagel recused himself and left the meeting during discussion on Item No. CS-3,
which was heard first.
Directors Jones, R. Murphy, and Shaw departed the meeting at 7:15 p.m. prior to Item
No. CS-1 being heard.
Alternate Director Kring departed the meeting at 7:57 p.m.
RECONVENED IN REGULAR SESSION:
The Board reconvened in regular session at 8:16 p.m.
04/26/2017 Minutes of Board Meeting Page 10 of 11
CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED
SESSION:
(CS-1) Special Counsel Claire Collins Hervey stated that the Board of Directors
unanimously approved to authorize legal counsel to initiate legal action to confirm
property rights in or adjacent to Plant No. 1 by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Bernstein; Collacott; Deaton ; Ferryman; Kim ; Krippner ; Nagel ;
Parker; Peotter; Peterson (Alternate); Sebourn; Shawver;
F. Smith ; T. Smith ; Wagner; Wanke; and Yarc
None
None
Hawkins; Jones ; Kring (Alternate); R. Murphy; Shaw; Steel ;
Tinajero ; and Withers
General Counsel Brad Hagin did not provide a report.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS,
IF ANY:
None.
ADJOURNMENT:
At 8: 17 p .m. Chair Sebourn adjourned the meeting until the Regular Meeting of the Board
of Directors on May 24 , 2017 at 6:00 p.m.
04/26/20 17 Minutes of Board Meeting Page 11 of 11