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HomeMy WebLinkAbout10-25-2017 Board Meeting Minutes10/25/2017 Orange County Sanitation District CORRECTED MINUTES BOARD MEETING October 25, 2017 Administration Building 10844 Ellis Avenue Fountain Valley, California 92708-7018 Minutes of Board Meeting Page 1of10 ROLL CALL A regular meeting of the Board of Directors of the Orange County Sanitation District was called to order by Board Chairman Greg Sebourn on October 25, 2017, at 6:02 p.m., in the Administration Building. Alternate Director Chuck Puckett 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 x Denise Barnes Lucille Kring Allan Bernstein x Chuck Puckett x Robert Collacott Diana Fascenelli Ellery Deaton x Sandra Massa-Lavitt A 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 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 A Michelle Steel Shawn Nelson A Sal Tinajero David Benavides A Donald Wagner Lynn Schott x Chad Wanke Ward Smith John Withers x DouQlas Reinhart Mariellen Yarc x 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 & Maintenance; Rob Thompson, Director of Engineering; Lorenzo Tyner, Director of Finance & Administrative Services ; Kelly Lore, Clerk of the Board; Edna Aguilar; Emilio Ariston ; Bob Bell ; Jennifer Cabral; Rod Collins ; Mike Dorman; Dean Fisher; Al Garcia; Eric Hsieh; Tina Knapp; Mark Manzo; Kathy Millea; Jeff Mohr; Kelly Newell; Tiffany Nguyen; Ddaze Phuong; Jim Spears; and Eros Yong. 10/25/2017 Minutes of Board Meeting Page 2 of 10 OTHERS PRESENT: Brad Hagin (General Counsel); Patrick Sheilds, IRWD; and James Finete, Savage Finete. PUBLIC COMMENTS: No public comments were provided. SPECIAL PRESENTATIONS: Rod Collins, Safety and Health Supervisor , presented Grand Prize certificates and gift cards to those in attendance tonight, Shannon Shay and Elias Davila, two of the four Safety Poster Contest Grand Prize Winners. He then presented certificates of appreciation to the runner-up's in attendance: Julia Ariston, Emily Duran, Dylan Yong and Amy Aguilar. The Safety Poster artwork was displayed in the Administration Building and the Safety Poster Calendars were distributed to the Directors and made available to the public. REPORTS: Chairman Sebourn notified the Board of Directors that OCSD has been nominated for Orange County Business Council's 7th Annual Turning Red Tape into Red Carpet Award for their Sustainable and Green Development Program. He stated that he and the Vice-Chair are both unable to attend; therefore, he extended an invitation to the Steering and Legislative & Public Affairs Committees to attend on behalf of the District. Chairman Sebourn also reminded the Directors that the OCSD State of the District will take place on Friday, November 17 from 8 a .m. to 10 a.m . at the Mile Square Golf Course Clubhouse in Fountain Valley. He encouraged the Directors to invite their agency staff including Public Works Directors and City Managers; and to please contact the Clerk of the Board to register. General Manager Jim Herberg reported that the annual Capital Improvement Program (CIP) Report was provided this evening, and includes a summary of the CIP projects, with costs and status, over the last year. The report was distributed to the Directors and made available to the public. Mr . Herberg requested that tonight's meeting be adjourned in memory of former General Manager J. Wayne Sylvester who was an employee of the District from 1959-1994. Director Ferryman will provide a few remarks. CONSENT CALENDAR: 1. APPROVAL OF MINUTES (Clerk of the Board) MOVED, SECONDED, AND DULY CARRIED TO: Approve the minutes of the Regular Meeting of the Board of Directors held on September 27, 2017. 10/25/2017 Minutes of Board Meeting Page 3 of 10 AYES: NOES: ABSTENTIONS: ABSENT: Barnes; Berry (Alternate); Collacott; Ferryman; Hawkins; Jones; Kim; Krippner; Massa-Lavitt (Alternate); R. Murphy; Peotter; Puckett (Alternate); Parker; Reinhart (Alternate); Sebourn; Shaw; Shawver; F. Smith; T. Smith; and Wanke None None Delgleize; Nagel; Steel; Tinajero; and Wagner RECEIVE AND FILE: These items require no action; and without objection, will be so ordered by the Board Chair . .2 . COMMITTEE MINUTES (Clerk of the Board) Received and filed the approved minutes of the following committees: A. Steering Committee Meeting of August 23, 2017 B. Operations Committee Meeting of September 6, 2017 C. Legislative and Public Affairs Committee Meeting of September 11, 2017 D. Administration Committee Meeting of September 13, 2017 E. Audit Ad Hoc Committee Meeting of September 22, 2017 3 . REPORT OF THE INVESTMENT TRANSACTIONS FOR THE MONTH OF SEPTEMBER 2017 (Lorenzo Tyner) Received and filed the report of the Investment Transactions for the month of September 2017. OPERATIONS COMMITTEE: 4 . NEW COMBO TRUCK/RECYCLER COOPERATIVE PROCUREMENT WITH VACTOR (Ed Torres) MOVED, SECONDED, AND DULY CARRIED TO: A. Approve the purchase of one (1) VACTOR brand compressed natural gas (CNG) sewer combo cleaning, water recycling truck (combo truck) from Haaker Equipment Company using the National Joint Powers Alliance cooperative Contract Number 022014-FSC with Vactor, for an amount not to exceed $739,427, in accordance with Ordinance No. OCSD-47, Section 2.03(B), Cooperative Purchases; and B. Approve a contingency of $36,971 (5%). AYES: NOES: ABSTENTIONS: 10/25/2017 Barnes; Berry (Alternate); Collacott; Ferryman; Hawkins; Jones; Kim; Krippner; Massa-Lavitt (Alternate); R. Murphy; Peotter; Puckett (Alternate); Parker; Reinhart (Alternate); Sebourn; Shaw; Shawver; F. Smith; T. Smith; and Wanke None None Minutes of Board Meeting Page 4of10 ABSENT: Delgleize; Nagel; Steel; Tinajero; and Wagner 5 . SERVICE AGREEMENT FOR CENTRAL GENERATION AUTOMATION/ CONTINUOUS EMISSIONS MONITORING SYSTEMS (GEMS), CONTRACT NO. J-79-1A (Ed Torres) MOVED. SECONDED. AND DULY CARRIED TO: A . Approve a Sole Source Service Purchase Order Agreement with CEMTEK Environmental for maintenance services of the Central Generation automation/continuous emissions monitoring systems at both Central Generation facilities for a five-year period beginning November 23, 2017 through November 22, 2022, for a total amount not to exceed $580,625; and B .. Approve a contingency of $58,063 (10%) AYES: NOES: ABSTENTIONS: ABSENT: Barnes; Berry (Alternate); Collacott; Ferryman; Hawkins; Jones; Kim; Krippner; Massa-Lavitt (Alternate); R. Murphy; Peotter; Puckett (Alternate); Parker; Reinhart (Alternate); Sebourn; Shaw; Shawver; F. Smith; T. Smith; and Wanke None None Delgleize; Nagel; Steel; Tinajero; and Wagner 6 . LABOR COMPLIANCE PROGRAM, SPECIFICATION NO. CS-2017-876BD (Rob Thompson) MOVED. SECONDED. AND DULY CARRIED TO: A . Approve a Professional Services Agreement with The Solis Group for the development and implementation of a Labor Compliance Program, Specification No. CS-2017-876BD, for an amount not to exceed $391,567; and B. Approve a contingency in the amount of $39, 157 (10%). AYES: NOES: ABSTENTIONS: ABSENT: Barnes; Berry (Alternate); Collacott; Ferryman; Hawkins; Jones; Kim; Krippner; Massa-Lavitt (Alternate); R. Murphy; Peotter; Puckett (Alternate); Parker; Reinhart (Alternate); Sebourn; Shaw; Shawver; F. Smith; T. Smith; and Wanke None None Delgleize; Nagel; Steel; Tinajero; and Wagner 7 . BAY BRIDGE PUMP STATION AND FORCE MAIN REPLACEMENT, PROJECT NO. 5-67 (Rob Thompson) MOVED, SECONDED, AND DULY CARRIED TO: 10/25/2017 Minutes of Board Meeting Page 5 of 10 A. Approve a Professional Design Services Agreement with Arcadis US Inc. to provide engineering design services for the Bay Bridge Pump Station and Force Main Replacement, Project No. 5-67, for an amount not to exceed $7, 137,000; and B. Approve a contingency of $713,700 (10%). AYES: NOES: ABSTENTIONS: ABSENT: Barnes; Berry (Alternate); Collacott; Ferryman; Hawkins; Jones; Kim; Krippner; Massa-Lavitt (Alternate); R. Murphy; Peotter; Puckett (Alternate); Parker; Reinhart (Alternate); Sebourn; Shaw; Shawver; F. Smith; T. Smith; and Wanke None None Delgleize; Nagel; Steel; Tinajero; and Wagner 8 . OCSD/OCWD JOINT AGREEMENT FOR GWRS FINAL EXPANSION (Rob Thompson) MOVED, SECONDED, AND DULY CARRIED TO: Approve the First Amendment to the Second Amended and Restated Joint Exercise of Powers Agreement for the Development, Operation, and Maintenance of the Groundwater Replenishment System and Green Acres Project between Orange County Sanitation District and Orange County Water District. AYES: NOES: ABSTENTIONS: ABSENT: Barnes; Berry (Alternate); Collacott; Ferryman; Hawkins; Jones; Kim; Krippner; Massa-Lavitt (Alternate); R. Murphy; Peotter; Puckett (Alternate); Parker; Reinhart (Alternate); Sebourn; Shaw; Shawver; F. Smith; T. Smith; and Wanke None None Delgleize; Nagel; Steel; Tinajero; and Wagner ADMINISTRATION COMMITTEE: 9 . CONTRACTED INTERNAL AUDITS IN SEARCH OF FICTITIOUS EMPLOYEES AND SEARCH OF FICTITIOUS VENDORS (Lorenzo Tyner) MOVED, SECONDED, AND DULY CARRIED TO: Receive and file the August 24, 2017, White Nelson Diehl Evans (WNDE) audit report in Search of Fictitious Employees and Search of Fictitious Vendors. AYES: NOES: ABSTENTIONS: ABSENT: 10/25/2017 Barnes; Berry (Alternate); Collacott; Ferryman; Hawkins; Jones; Kim; Krippner; Massa-Lavitt (Alternate); R. Murphy; Peotter; Puckett (Alternate); Parker; Reinhart (Alternate); Sebourn; Shaw; Shawver; F. Smith; T. Smith; and Wanke None None Delgleize; Nagel; Steel; Tinajero; and Wagner Minutes of Board Meeting Page 6of10 10 . DOIG DRIVE PROPERTY DISPOSAL -BROKER (Lorenzo Tyner) MOVED. SECONDED. AND DULY CARRIED TO: Authorize the General Manager to conduct a Request for Proposal process and subsequently award for real estate broker services to facilitate the sale of the Orange County Sanitation District's real property at 7311 Doig Drive, Garden Grove, CA. AYES: NOES: ABSTENTIONS: ABSENT: Barnes; Berry (Alternate); Collacott; Ferryman; Hawkins; Jones; Kim; Krippner; Massa-Lavitt (Alternate); R. Murphy; Peotter; Puckett (Alternate); Parker; Reinhart (Alternate); Sebourn; Shaw; Shawver; F. Smith; T. Smith; and Wanke None None Delgleize; Nagel; Steel; Tinajero; and Wagner LEGISLATIVE & PUBLIC AFFAIRS COMMITTEE: None. STEERING COMMITTEE: 11 . 1QTH ANNIVERSARY OF THE GROUNDWATER REPLENISHMENT SYSTEM (Bob Ghirelli) MOVED, SECONDED, AND DULY CARRIED TO: A. Approve hosting a GWRS 1 oth anniversary event in Winter 2018 in cooperation with the Orange County Water District; and R Approve an additional $20,000, that will be split between Orange County Water District and the Orange County Sanitation District, in the GWRS outreach budget to host a GWRS 1 oth anniversary event. AYES: NOES: ABSTENTIONS: ABSENT: Barnes; Berry (Alternate); Collacott; Ferryman; Hawkins; Jones; Kim; Krippner; Massa-Lavitt (Alternate); R. Murphy; Peotter; Puckett (Alternate); Parker; Reinhart (Alternate); Sebourn; Shaw; Shawver; F. Smith; T. Smith; and Wanke None None Delgleize; Nagel; Steel; Tinajero; and Wagner 12 . RATIFY A THREE-PARTY AGREEMENT TO RELOCATE THE FRUIT STREET TRUNK SEWER TO ACCOMMODATE THE OC STREETCAR (Rob Thompson) MOVED, SECONDED, AND DULY CARRIED TO: Ratify the proposed Three- Party Agreement (Letter of Intent) between the City of Santa Ana, the Orange County Transportation Authority, and the Orange County Sanitation District which allows for the Orange County Transportation Authority to relocate the existing Fruit 10/25/2017 Minutes of Board Meeting Page 7 of 10 Street Trunk Sewer and maintains the existing Agreement with the City of Santa Ana to make new local/lateral connections in exchange for maintaining and cleaning the sewer. AYES: NOES: ABSTENTIONS: ABSENT: Barnes; Berry (Alternate); Collacott; Ferryman; Hawkins; Jones; Kim; Krippner; Massa-Lavitt (Alternate); R. Murphy; Peotter; Puckett (Alternate); Parker; Reinhart (Alternate); Sebourn; Shaw; Shawver; F. Smith; T. Smith; and Wanke None None Delgleize; Nagel; Steel; Tinajero; and Wagner Chairman Sebourn announced that Item No. 13 was pulled from consideration. 13 . LEGA . fiR.lJ.~::Jlf...L--EWIS BR.ISBOIS BISGAARD &-SM ITH, LLP --(-RG~Gmpsorij M9VED. SECONDED, .t\ND DULY GA~RIED +O: l\illl=leFiH aRwins.m-ase-G-i $100 ,000 te soie se~J4JFGflase-Gmer-&S~-GS-· -bewi-s ~ f istae • s+s~ar4 & Smith , ~-tesat-ser-vtees--fSlatse 0=JimJset-afl~-F"etJeRy agmemB-Rt&-GfaAQe ~m.y..+r~~er:taUm1~tl:i~the C tty of Ne 1NpQrt Bea oh , fGf-8-Rot to exceed 69S e™-25-r~ NON-CONSENT: None. AB 1234 REPORTS: Chairman Sebourn stated that he recently met with Director Shaw, who is also an OCTA board member, and OCTA CEO Darrell Johnson, where discussions of the impacts of the 1-405 project to the front entrance of Plant No. 1 took place. Chairman Sebourn stated it appears that OCTA will not move forward with the original flyover plan, but improvements will still need to be made. He thanked Director Shaw and OCTA for their cooperative effort in these discussions. Director Ferryman provided information regarding upcoming meeting of the Borders Committee and OCCOG. Vice-Chair Shawver reported on his recent attendance at the CSDA conference and the CASA conference. CLOSED SESSION: CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1): The Board convened in closed session at 6:17 p.m. to discuss one item. (Closed Session Item No. 1 was not heard.) Confidential minutes of the Closed Session have been 10/25/2017 Minutes of Board Meeting Page 8of10 prepared in accordance with the above Government Code Section 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 6:26 p.m. CONSIDERATION OF ACTION, IF ANY. ON MATTERS CONSIDERED IN CLOSED SESSION: General Counsel Brad Hagin reported that the Board of Directors voted unanimously to approve a global settlement, with Mr. Roy Hendy, in both the workers compensation appeal case and the civil complaint, in the amount of $200,000 and for releases of all claims on both sides; and Mr. Hendy agreed to pay the district $27,000. AYES: NOES: ABSTENTIONS: ABSENT: Barnes; Berry (Alternate); Collacott; Ferryman; Hawkins; Jones; Kim; Krippner; Massa-Lavitt (Alternate); R. Murphy; Peotter; Puckett (Alternate); Parker; Reinhart (Alternate); Sebourn; Shaw; Shawver; F. Smith; T. Smith; and Wanke None None Delgleize; Nagel; Steel; Tinajero; and Wagner OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS., IFANY: None. ADJOURNMENT: Prior to adjournment, Director Ferryman provided comments regarding the many accomplishments of former General Manager Sylvester, and the Board of Directors observed a moment of silence in his honor. 10/25/2017 Minutes of Board Meeting Page 9 of 10 At 6:28 p.m., Chairman Sebourn adjourned the meeting in memory of former Orange County Sanitation District General Manager J. Wayne Sylvester until the Regular Meeting of the Board of Directors to be held on November 15, 2017 at 6:00 p.m. Submitted by: 10/25/2017 Minutes of Board Meeting Page 10of10