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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 Minutes of Board Meeting Page 7 of 11 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. 04/26/2017 Minutes of Board Meeting Page 8 of 11 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