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Orange County Sanitation District
MINUTES
BOARD MEETING
April 25, 2018
Administration Building
10844 Ellis Avenue Fountain Valley, California 92708-7018
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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 April 25, 2018, at 6:06 p.m., in the Administration Building. Director Ellery Deaton 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
X Allan Bernstein Chuck Puckett
X Robert Collacott Robbie Pitts
X Ellery Deaton Sandra Massa-Lavitt
X James M. Ferryman Bob Ooten
Phil Hawkins X Brooke Jones
X Steven Jones Kris Beard
X Peter Kim Marshall Goodman
Richard Murphy X Warren Kusumoto
X Steve Nagel Cheryl Brothers
Charlie Nguyen X Al Krippner
X Glenn Parker Cecilia Hupp
A Scott Peotter Brad Avery
A Erik Peterson Mike Posey
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
John Withers X Douglas Reinhart
X Mariellen Yarc Stacy Berry
STAFF MEMBERS PRESENT: Jim Herberg, General Manager; Bob Ghirelli, Assistant General Manager; Rob Thompson, Assistant General Manager; Celia Chandler, Director of Human Resources; Ed Torres, Director of Operations & Maintenance; Jim Colston,
Director of Environmental Services; Lorenzo Tyner, Director of Finance & Administrative Services; Kelly Lore, Clerk of the Board; Janine Aguilar; Jennifer Cabral; Belen Carrillo; Cliff Casanova; Mike Dorman; Marc Dubois; Al Garcia; Tom Grant; Mark Kawamoto; Tina Knapp; Mark Manzo; Jeff Mohr; Andrew Nau; Tiffany Nguyen; and Chris Stacklin.
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OTHERS PRESENT: Brad Hogin (General Counsel); Gary Weisberg (Assistant General Counsel); James Finete (Savage Finete); and Alternate Director Bob Ooten (CMSD).
PUBLIC COMMENTS: There were no public comments provided. SPECIAL PRESENTATIONS:
The winning videos of the recent Public Service Announcement Video contest were viewed by the Board members. Chair Sebourn announced the 1st Place, $1,000 winner (Mana Javida) and 2nd place, $500 winner (Carter Marrero) who were recognized and presented with their checks.
REPORTS:
Chair Sebourn provided information on the selection of Honor Walk Brick Recipients as approved tonight by the Steering Committee meeting. Those chosen, former employees
Doug Kanis and Barbara Collins, and former Board member and General Manager Willis
Warner, will be honored at a ceremony at 4:00 p.m. on May 23rd just prior to the Steering Committee and Board meetings. Chair Sebourn also provided a recap of his recent visit to Washington DC where he and
staff met with Congressman Lowenthal and the offices of Congressmembers Rohrabacher, Walters, and Correa and Senator Kamala Harris’ office. He stated the topics included: permit term extensions, funding for the final expansion of GWRS and OCSD’s Food Waste to Energy project. He further stated that OCSD and OCWD received the Grand Prize for Environmental Communications for the Groundwater Replenishment
System Bottled Water Communications Campaign from the American Academy of Environmental Engineers and Scientists. General Manager Herberg stated that OCSD and OCWD also received the following
awards: Ragan’s 2017 PR Daily Honorable Mention in the Press Event or Media Tour
category for “Purified Recycled Water Takes on Hollywood,” the GWRS bottled water
launch and the Platinum Hermes Award for the Advanced Purified Bottled Water
Campaign in the category Public Relations/Communications/Strategic Programs/78c. PR
Campaign.
Mr. Herberg also thanked the Board for their participation at the April 11th Budget Workshop and explained the next steps in the budget process which will include a CIP presentation at the May Committee meetings; hard copies of the budget and presentation
at the June Committees Meetings; and budget adoption scheduled for the June Board
Meeting.
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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 March 28, 2018 and the Special Meeting of the Board of Directors held on April 11, 2018.
AYES: Barnes; Bernstein; Collacott; Deaton; Ferryman; B. Jones (Alternate); S. Jones; Kim; Kusumoto (Alternate); Nagel; Krippner (Alternate); Parker; Reinhart (Alternate); Sebourn; Shaw; Shawver; F. Smith; T. Smith; Steel; Wagner; Wanke; and Yarc
NOES: None ABSTENTIONS: None ABSENT: Peotter; Peterson and Tinajero 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. GWRS Steering Committee Meeting of January 8, 2018 B. Steering Committee Meeting of February 28, 2018 C. Operations Committee Meeting of March 7, 2018 D. Legislative and Public Affairs Meeting of March 12, 2018
E. Administration Committee Meeting of March 14, 2018 AYES: Barnes; Bernstein; Collacott; Deaton; Ferryman; B. Jones (Alternate); S. Jones; Kim; Kusumoto (Alternate); Nagel;
Krippner (Alternate); Parker; Reinhart (Alternate); Sebourn;
Shaw; Shawver; F. Smith; T. Smith; Steel; Wagner; Wanke; and Yarc NOES: None ABSTENTIONS: None
ABSENT: Peotter; Peterson and Tinajero 3. REPORT OF THE INVESTMENT TRANSACTIONS FOR THE MONTH OF MARCH 2018 (Lorenzo Tyner)
Received and filed the report of the Investment Transactions for the month of March 2018. AYES: Barnes; Bernstein; Collacott; Deaton; Ferryman; B. Jones (Alternate); S. Jones; Kim; Kusumoto (Alternate); Nagel;
Krippner (Alternate); Parker; Reinhart (Alternate); Sebourn;
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Shaw; Shawver; F. Smith; T. Smith; Steel; Wagner; Wanke; and Yarc NOES: None
ABSTENTIONS: None ABSENT: Peotter; Peterson and Tinajero OPERATIONS COMMITTEE:
4. COSTA MESA SANITARY DISTRICT ALTERNATE DISTRICT ENGINEER CONTRACT (Rob Thompson) MOVED, SECONDED, AND DULY CARRIED TO: Approve an employee lending agreement between the Orange County Sanitation District and the Costa Mesa
Sanitary District so the Orange County Sanitation District can provide Alternate
District Engineer services, effective May 25, 2018 through May 24, 2019, with one 12-month extension as approved by the General Manager. AYES: Barnes; Bernstein; Collacott; Deaton; Ferryman; B. Jones
(Alternate); S. Jones; Kim; Kusumoto (Alternate); Nagel; Krippner (Alternate); Parker; Reinhart (Alternate); Sebourn; Shaw; Shawver; F. Smith; T. Smith; Steel; Wagner; Wanke; and Yarc NOES: None
ABSTENTIONS: None ABSENT: Peotter; Peterson and Tinajero 5. INLAND EMPIRE REGIONAL COMPOSTING AUTHORITY CONTRACT
AMENDMENT 2018-2019 (Jim Colston) MOVED, SECONDED, AND DULY CARRIED TO: Approve Contract Amendment number 4600001879-003 with Inland Empire Regional Composting Authority to receive and compost up to an average of 50 wet tons per day of the Orange County
Sanitation District’s biosolids at a base fee (tipping fee) of $57 per wet ton, plus an administrative fee of $2 per wet ton and any other adjustments provided for in the original agreement. This contract amendment shall serve as the third and final annual renewal of three one-year renewal options in a total annual amount not to exceed $900,000/year.
AYES: Barnes; Bernstein; Collacott; Deaton; Ferryman; B. Jones (Alternate); S. Jones; Kim; Kusumoto (Alternate); Nagel; Krippner (Alternate); Parker; Reinhart (Alternate); Sebourn; Shaw; Shawver; F. Smith; T. Smith; Steel; Wagner; Wanke;
and Yarc NOES: None ABSTENTIONS: None ABSENT: Peotter; Peterson and Tinajero
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6. HEADWORKS REHABILITATION AND EXPANSION AT PLANT NO. 1, PROJECT NO. P1-105 (Rob Thompson)
MOVED, SECONDED, AND DULY CARRIED TO: Approve a contingency increase of $2,103,104 (12%) to the Professional Design Services Agreement with Carollo Engineers for the Headworks Rehabilitation and Expansion at Plant No. 1, Project No. P1-105, for a total contingency amount of $3,856,000 (22%).
AYES: Barnes; Bernstein; Collacott; Deaton; Ferryman; B. Jones (Alternate); S. Jones; Kim; Kusumoto (Alternate); Nagel; Krippner (Alternate); Parker; Reinhart (Alternate); Sebourn; Shaw; Shawver; F. Smith; T. Smith; Steel; Wagner; Wanke; and Yarc
NOES: None ABSTENTIONS: None ABSENT: Peotter; Peterson and Tinajero Item No. 7 was heard separately at the request of Director Steel.
7. BATTERY STORAGE SYSTEM AT PLANT NO. 1, PROJECT NO. FE17-03 (Rob Thompson) MOVED, SECONDED, AND DULY CARRIED TO:
A. Approve a ten-year Energy Management Services Agreement with
Advanced Microgrid Solutions, Inc. to provide, install, and operate a battery energy storage system at Plant No. 1; and B. Approve an Installation Agreement with Advanced Microgrid Solutions, Inc. to upgrade the power feed cables from the Central Generation Building to
Power Building 6 at Plant No. 1 for a total amount not to exceed $393,000.
AYES: Barnes; Bernstein; Collacott; Deaton; Ferryman; B. Jones (Alternate); S. Jones; Kim; Kusumoto (Alternate); Nagel; Krippner (Alternate); Parker; Reinhart (Alternate); Sebourn;
Shaw; Shawver; F. Smith; T. Smith; Wagner; Wanke; and Yarc NOES: None ABSTENTIONS: None ABSENT: Peotter; Peterson; Steel (non-participant - Levine Act Disclosure); and Tinajero
8. REGIONAL ODOR AND CORROSION CONTROL SERVICES (ROCCS) PROGRAM, SPECIFICATION NO. C-2107-899BD (Ed Torres) MOVED, SECONDED, AND DULY CARRIED TO:
A. Receive and file bid tabulation and Notice of Intent to Award dated March 12, 2018 for the Regional Odor and Corrosion Control System (ROCCS) Program, Specification No. C-2017-899BD;
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B. Receive and file Pencco award protest statement dated March 12, 2018 for Specification No. C-2017-899BD; C. Receive and file Orange County Sanitation District’s Protest Determination
Letter dated March 15, 2018; D. Receive and file Pencco’s Determination Response letter dated March 19, 2018; E. Award a Chemical Supplier Agreement to Hill Brothers Chemical Co, for the ROCCS Program, Specification No. C-2017-899BD, for the following
chemical supply and dosing services for the period July 1, 2018 through
June 30, 2019, with four (4) one-year renewal options, for the: 1. Supply and delivery of Ferrous Chloride at the unit price of $508.82/dry ton delivered (plus applicable sales tax); with Application Services at a unit price of $25/per site per day and Field Services at a unit price of
$25/per site per day for an estimated total annual amount of $2,001,263; 2. Supply and delivery of Magnesium Hydroxide at a unit price of $498.62/dry ton delivered (plus applicable sales tax) with Application Services of $80/per site per day; Field Services of $80/per site per day and demurrage (Special Circumstances) of $635/dry ton (plus applicable
sales tax) with a dosing fee of $190/hour for an estimated total annual amount of $2,505,152; 3. An annual not to exceed agreement allowance of $50,000 for mobilization and demobilization services; F. Award a Chemical Supplier Agreement to US Peroxide, LLC dba USP
Technologies, for the ROCCS Program, Specification No. C-2017-899BD, for the period July 1, 2018 through June 30, 2019, with four (4) one-year renewal options for the supply and delivery of Calcium Nitrate at the unit price of $1.975/gallon delivered (plus applicable sales tax) with Application Services at a unit price of $25/per site per day; Field Services at a unit price
of $25/per site per day; a Crystal Cove delivery fee of $175 per delivery for an estimated annual amount of $498,794: 1. With an annual not to exceed agreement allowance of $50,000 for mobilization and demobilization services; and G. Approve an annual unit price and program price contingency of 15%, per
agreement.
AYES: Barnes; Bernstein; Collacott; Deaton; Ferryman; B. Jones
(Alternate); S. Jones; Kim; Kusumoto (Alternate); Nagel; Krippner (Alternate); Parker; Reinhart (Alternate); Sebourn; Shaw; Shawver; F. Smith; T. Smith; Steel; Wagner; Wanke; and Yarc NOES: None
ABSTENTIONS: None ABSENT: Peotter; Peterson and Tinajero
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ADMINISTRATION COMMITTEE: 9. 2018 CONFLICT OF INTEREST CODE (Clerk of the Board)
MOVED, SECONDED, AND DULY CARRIED TO: Adopt Resolution No. OCSD 18-04 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; Ferryman; B. Jones (Alternate); S. Jones; Kim; Kusumoto (Alternate); Nagel; Krippner (Alternate); Parker; Reinhart (Alternate); Sebourn; Shaw; Shawver; F. Smith; T. Smith; Steel; Wagner; Wanke;
and Yarc NOES: None ABSTENTIONS: None ABSENT: Peotter; Peterson and Tinajero
LEGISLATIVE & PUBLIC AFFAIRS COMMITTEE: 10. AB 967: DISPOSAL OF HUMAN REMAINS VIA WATER CREMATION (Jim Colston)
MOVED, SECONDED, AND DULY CARRIED TO: Direct staff to prepare amendments to the Orange County Sanitation District’s (Sanitation District) Wastewater Discharge Regulations Ordinance No. OCSD-48 for consideration by the Board of Directors prohibiting the direct or indirect receipt of hydrolysate into the Sanitation District’s sewerage system.
AYES: Barnes; Bernstein; Collacott; Deaton; Ferryman; B. Jones (Alternate); S. Jones; Kim; Kusumoto (Alternate); Nagel; Krippner (Alternate); Parker; Reinhart (Alternate); Sebourn; Shaw; Shawver; F. Smith; T. Smith; Steel; Wagner; Wanke;
and Yarc NOES: None ABSTENTIONS: None ABSENT: Peotter; Peterson and Tinajero
STEERING COMMITTEE: 11. TEMPORARY EMPLOYMENT SERVICES (Celia Chandler) MOVED, SECONDED, AND DULY CARRIED TO: Authorize the General Manager
to increase the current Temporary Employment Services (Specification No.CS-2009-421BD) funding of $1,187,190 by $80,000 with temporary service firms for a new total amount not to exceed $1,267,190 for the remainder of the fiscal year (through June 30, 2018).
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AYES: Barnes; Bernstein; Collacott; Deaton; Ferryman; B. Jones (Alternate); S. Jones; Kim; Kusumoto (Alternate); Nagel; Krippner (Alternate); Parker; Reinhart (Alternate); Sebourn;
Shaw; Shawver; F. Smith; T. Smith; Steel; Wagner; Wanke; and Yarc NOES: None ABSTENTIONS: None ABSENT: Peotter; Peterson and Tinajero
NON-CONSENT: 12. PROPOSED PURCHASING ORDINANCE NO. OCSD-52 (Lorenzo Tyner)
Director of Finance and Administrative Services, Lorenzo Tyner introduced the
Ordinance and provided an overview of the changes included. Mr. Herberg, Mr. Tyner and Purchasing Manager Marc Dubois responded to questions. MOVED, SECONDED, AND DULY CARRIED TO:
A. Introduce Ordinance No. OCSD-52, entitled “An Ordinance of the Board of Directors of the Orange County Sanitation District, Establishing Requirements and Procedures for the Purchase of Goods, Services, and Public Works Projects and Repealing Ordinance No. OCSD-47”;
B. Motion to read Ordinance No. OCSD-52 by title only and waive reading of said entire Ordinance on April 25, 2018; C. Set May 23, 2018, as the date for the second reading and adoption of Ordinance No. OCSD-52; and D. Direct the Clerk of the Board to publish summaries of the Ordinance as
required by law. Clerk of the Board read title and called roll for the vote. AYES: Barnes; Bernstein; Collacott; Deaton; Ferryman; B. Jones
(Alternate); S. Jones; Kim; Kusumoto (Alternate); Nagel; Krippner (Alternate); Parker; Reinhart (Alternate); Sebourn; Shaw; Shawver; F. Smith; T. Smith; Wagner; Wanke; and Yarc NOES: Steel ABSTENTIONS: None
ABSENT: Peotter; Peterson and Tinajero AB 1234 DISCLOSURE REPORTS: Director Ferryman reported on recently attended meetings of the NWRI, GWRS and
SARFC. He also stated that OCCOG will meet tomorrow and will be voting on officers.
Upon the arrival of additional PSA contest participants, Chair Sebourn recognized and presented a $200 check to the “You Tube Viewer’s Choice Award” winners: Alexa Valladares, Genesis Suazo, Ernesto Calderon, Samantha Calderon and Alexis Marin.
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Director Kim departed the meeting at 6:45 p.m.
Director Wanke departed the meeting at 6:48 p.m.
CLOSED SESSION: CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS 54956.8, 54956.9(d)(1) & 54956.9(2):
The Board convened in closed session at 6:46 p.m. to discuss three items. Supplemental
Item No. CS-4 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. RECONVENED IN REGULAR SESSION:
The Board reconvened in regular session at 8:03 p.m.
CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED SESSION:
General Counsel Brad Hogin reported the following: MOVED, SECONDED, AND DULY CARRIED TO: Settle the workers compensation claim and the civil lawsuit filed by Melissa Forman-Woodbridge on the following material terms:
Payment of $100,500 to Ms. Woodbridge from the Sanitation District to be offset by
approximately $40,000 which Ms. Woodbridge owes to the Sanitation District. AYES: Barnes; Bernstein; Collacott; Deaton; Ferryman; B. Jones (Alternate); S. Jones; Kusumoto (Alternate); Nagel; Krippner
(Alternate); Parker; Reinhart (Alternate); Sebourn; Shaw; Shawver; F. Smith; T. Smith; Steel; Wagner; and Yarc NOES: None ABSTENTIONS: None ABSENT: Kim; Peotter; Peterson; Tinajero; and Wanke
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: None.
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ADJOURNMENT: At 8:04 p.m. Chair Sebourn adjourned the meeting until the Regular Meeting of the Board
of Directors to be held on May 23, 2018 at 6:00 p.m.
Submitted by: ________________________ Kelly A. Lore, MMC Clerk of the Board