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HomeMy WebLinkAbout02-27-2019 Board Meeting Minutes02/27/2019 Orange County Sanitation District MINUTES BOARD MEETING February 27, 2019 Administration Building 10844 Ellis Avenue Fountain Valley, California 92708-7018 Minutes of Board Meeting Page 1 of 11 ROLL CALL A regular meeting of the Board of Directors of the Orange County Sanitation District was called to order by Board Chairman David Shawver on February 27, 2019 at 6:10 p.m. in the Administration Building. Vice-Chairman John Withers delivered the invocation and led the Pledge of Allegiance. Clerk of the Board Kelly Lore provided Late Communication received from the City of Seal Beach and the City of Villa Park regarding recent appointments to the Board of Directors. 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) AGENCY City of Cypress City of Fullerton City of Orange Irvine Ranch Water District County Board of Supervisors City of Seal Beach City of Villa Park DIRECTOR Mariellen Yarc Jesus J. Silva Mark Murphy John Withers Doug Chaffee Sandra Massa-Lavitt Robert Collacott ALT. DIRECTOR Stacy Berry Jan Flory Kim Nichols Doug Reinhart Michelle Steel Schelly Sustarsic Chad Zimmerman Chair Shawver introduced and welcomed all the newly appointed Board members in attendance. The Clerk of the Board declared a quorum present as follows: ACTIVE DIRECTORS ALTERNATE DIRECTORS x David Shawver, Chair Carol Warren x Brad Avery Joy Brenner x Allan Bernstein Chuck Puckett x Robert Collacott Chad Zimmerman x Sandra Massa-Lavitt Schelly Sustarsic x James M. Ferryman Bob Ooten x Phil Hawkins Brooke Jones x Steven Jones John O'Neill x Peter Kim Marshall Goodman Lucille Kring x Denise Barnes x Andrew Nguyen Al Krippner A Mark Murphy Kim Nichols x Richard Murphy Dean Grose x Steve Nagel Patrick Harper x Glenn Parker Steven Vargas A Erik Peterson Mike Posey 02/27/2019 Minutes of Board Meeting Page 2of11 Roman Reyna x Cecilia Iglesias Tim Shaw x Tom Beamish x Jesus Silva Jan Flory x Fred Smith Sunny Park x Doug Chaffee Michelle Steel A Donald P. Wagner Anthony Kuo x Chad Wanke Ward Smith x John Withers Douqlas Reinhart x Mariellen Yarc Stacy Berry STAFF MEMBERS PRESENT: Jim Herberg, General Manager; Rob Thompson, Assistant General Manager; Lorenzo Tyner, Assistant General Manager; Celia Chandler, Director of Human Resources; Kathy Millea, Director of Engineering; Kelly Lore, Clerk of the Board; Jennifer Cabral; Don Cutler; Mike Dorman; Al Garcia; Tina Knapp; Jeff Mohr; Tyler Ramirez; Wally Ritchie; and Chris Stacklin. OTHERS PRESENT: Brad Hagin (General Counsel); Alternate Directors: Bob Ooten (CMSD), Steve Vargas (Brea), John O'Neill (Garden Grove), and Schelly Sustarsic (Seal Beach); Nabil Saba and Cesar Barrera, City of Santa Ana; Garreth Spili, Ninyo & Moore; and Austin Mejia, Supervisor Chaffee's office. PUBLIC COMMENTS: None. Chair Shawver announced that late communication regarding changes to Items No. 1 and 5 were provided by the Clerk of the Board and are in the blue books. SPECIAL PRESENTATIONS: None. REPORTS Chair Shawver reported that Board Member Orientation took place on Wednesday, February 20 where more than 25 Board Members, Alternates, and staff attended the workshop. He stated that a brief survey was provided to the Directors for their input and stated that Orientation binders and personal tours are available if any Director was unable to attend. Chair Shawver announced that Honor Walk Ceremony will take place at 4 p.m. prior to the May 22 Steering Committee meeting and that applications are now being accepted through March 8. He stated that the program honors retired, former employees and Board Members who have made a significant contribution to OCSD. 02/27/2019 Minutes of Board Meeting Page 3of11 Chair Shawver reported on his recently attended events including: February 21st American Society of Civil Engineers-Orange County Branch recognition dinner where the Newhope- Placentia Trunk Sewer Replacement Project was named the Wastewater Treatment Project of the Year; February 22nd ACC-OC Policy Forum & Infrastructure Tour; and the February 25th Seal Beach City Council meeting recognition for outgoing Board Member Ellery Deaton. General Manager Jim Herberg reported on the following: Introduction of the newly appointed Director of Engineering, Kathy Millea; proposed update to Wastewater Discharge Ordinance No. OCSD-48 to address potential water cremation waste and other administrative and regulatory changes; and the recent Main Street Pump Station Emergency sewage leak. Mr. Herberg thanked the cities of Santa Ana, Irvine, County of Orange, and Irvine Ranch Water District for assistance with the recent leak. Mr. Herberg introduced Assistant General Manager Lorenzo Tyner who reported that OCSD's Deferred Compensation consultant notified OCSD of a cyber-attack on their system where downloaded personal information of approximately 1,000 current and retired OCSD employees and Board Members from the consultant's system, including OCSD Deferred Compensation Participants' names, social security numbers, and dates of birth, were breached. He stated that the consultant will be sending all OCSD participants a letter with additional information and offering a credit monitoring service at no cost and that staff will continue to monitor this situation and will provide updates as available. Director Wanke departed the meeting at 6:24 p.m. CONSENT CALENDAR: 2. 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 January 23, 2019. AYES: NOES: ABSTENTIONS: ABSENT: Avery; Beamish (Alternate); Bernstein; Collacott; Ferryman; Hawkins; Iglesias (Alternate); Jones; Kim; Massa-Lavitt; R. Murphy; Nagel; Nguyen; Parker; Shawver; Silva; F. Smith; Withers and Yarc None Barnes (Alternate) and Chaffee M. Murphy; Peterson; Wagner; and Wanke 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. LaPA Committee Meeting of December of December 10, 2018 B. Administration Committee Meeting of December 12, 2018 02/27/2019 Minutes of Board Meeting Page 4of11 C. Steering Committee Meeting of December 23, 2018 D. Operations Committee Meeting of January 16, 2019 4. REPORT OF THE INVESTMENT TRANSACTIONS FOR THE MONTH OF JANUARY 2019 (Lorenzo Tyner) Received and filed the report of the Investment Transactions for the month of January 2019. 5. RECEIVE AND FILE APPOINTMENTS TO THE ORANGE COUNTY SANITATION DISTRICT BOARD OF DIRECTORS COMMITTEE LIST (Clerk of the Board) Received and filed the amended Current Committee list dated February 12, 2019. OPERATIONS COMMITTEE: 6. COATING INSPECTION AND CORROSION TESTING SERVICES (Rob Thompson) MOVED. SECONDED. AND DULY CARRIED TO: Approve Professional Services Agreements to provide on-call Coating Inspection and other Corrosion Testing Services for Collection System and Treatment Plant projects, PSA2019-001, for a three-year period effective May 1, 2019, for an amount not to exceed $200,000 per individual agreement ($600,000 total) with the following three firms: • On-Site Technical Services, Inc. • Corrpro Companies, Inc. • CSI Services, Inc. AYES: Avery; Barnes (Alternate); Beamish (Alternate); Bernstein; Chaffee; Collacott; Ferryman; Hawkins; Iglesias (Alternate); Jones; Kim; Massa-Lavitt; R. Murphy; Nagel; Nguyen; Parker; Shawver; Silva; F. Smith; Withers and Yarc NOES: None ABSTENTIONS: None ABSENT: M. Murphy; Peterson; Wagner; and Wanke 7. SURVEYING SERVICES (Rob Thompson) MOVED. SECONDED. AND DULY CARRIED TO: Approve Professional Services Agreements to provide on-call Surveying Services for Collection System and Treatment Plant projects, PSA2019-002, for a three-year period effective May 1, 2019, for an amount not to exceed $200,000 per individual agreement ($800,000 total) with the following four firms: • Michael Baker International, Inc. • Stantec Consulting Services, Inc. 02/27/2019 Minutes of Board Meeting Page 5of11 • D. Woolley & Associates, Inc. • Bush and Associates, Inc. AYES: NOES: ABSTENTIONS: ABSENT: Avery; Barnes (Alternate); Beamish (Alternate); Bernstein; Chaffee; Collacott; Ferryman; Hawkins; Iglesias (Alternate); Jones; Kim; Massa-Lavitt; R. Murphy; Nagel; Nguyen; Parker; Shawver; Silva; F. Smith; Withers and Yarc None None M. Murphy; Peterson; Wagner; and Wanke 8. GEOTECHNICAL TESTING SERVICES (Rob Thompson) MOVED. SECONDED. AND DULY CARRIED TO: Approve Professional Services Agreements to provide on-call Materials Testing, Inspection, and Geotechnical Testing Services for Collection System and Treatment Plant projects, PSA2019- 003, for a three-year period effective May 1, 2019, for an amount not to exceed $300,000 per individual agreement ($900,000 total) with the following three firms: • Ninyo & Moore • SCST, Inc. • Koury Engineering and Testing, Inc. AYES: NOES: ABSTENTIONS: ABSENT: Avery; Barnes (Alternate); Beamish (Alternate); Bernstein; Chaffee; Collacott; Ferryman; Hawkins; Iglesias (Alternate); Jones; Kim; Massa-Lavitt; R. Murphy; Nagel; Nguyen; Parker; Shawver; Silva; F. Smith; Withers and Yarc None None M. Murphy; Peterson; Wagner; and Wanke 9. CEQA-FACILITIES MASTER PLAN, PROJECT NO. PS17-08 (Rob Thompson) MOVED. SECONDED. AND DULY CARRIED TO: A. Approve a Professional Services Agreement with Dudek to provide environmental services for the preparation of a California Environmental Quality Act compliance document for the CEQA -Facilities Master Plan, Project No. PS17-08, for an amount not to exceed $812,709; and B. Approve a contingency of $81,270 (10%). AYES: 02/27/2019 Avery; Barnes (Alternate); Beamish (Alternate); Bernstein; Chaffee; Collacott; Ferryman; Hawkins; Iglesias (Alternate); Jones; Kim; Massa-Lavitt; R. Murphy; Nagel; Nguyen; Parker; Shawver; Silva; F. Smith; Withers and Yarc Minutes of Board Meeting Page 6of11 NOES: ABSTENTIONS: ABSENT: None None M. Murphy; Peterson; Wagner; and Wanke 10. CAPITAL IMPROVEMENT PROGRAM CONTRACT PERFORMANCE REPORT (Rob Thompson) MOVED. SECONDED. AND DULY CARRIED TO: Receive and file the Capital Improvement Program Contract Performance Report for the period ending December 31, 2018. AYES: NOES: ABSTENTIONS: ABSENT: Avery; Barnes (Alternate); Beamish (Alternate); Bernstein; Chaffee; Collacott; Ferryman; Hawkins; Iglesias (Alternate); Jones; Kim; Massa-Lavitt; R. Murphy; Nagel; Nguyen; Parker; Shawver; Silva; F. Smith; Withers and Yarc None None M. Murphy; Peterson; Wagner; and Wanke ADMINISTRATION COMMITTEE: 11. DESIGNATION OF APPLICANT'S AGENT FOR DISASTER RELIEF (Lorenzo Tyner) MOVED. SECONDED. AND DULY CARRIED TO: Adopt Resolution No. OCSD 19-01, entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District authorizing the General Manager, or either one of the Assistant General Managers, to Execute State Office of Emergency Services and/or Federal Emergency Management Agency Documents and Relevant Permit Applications for Present and Future Disaster Relief Applications; and Repealing Resolution No. OCSD 16-08." AYES: NOES: ABSTENTIONS: ABSENT: Avery; Barnes (Alternate); Beamish (Alternate); Bernstein; Chaffee; Collacott; Ferryman; Hawkins; Iglesias (Alternate); Jones; Kim; Massa-Lavitt; R. Murphy; Nagel; Nguyen; Parker; Shawver; Silva; F. Smith; Withers and Yarc None None M. Murphy; Peterson; Wagner; and Wanke 12. ENGINEERING AND GIS CONSULTING SERVICES SPECIFICATION NO. CS-2018-982BD (Lorenzo Tyner) MOVED. SECONDED. AND DULY CARRIED TO: A. Award a Professional Consultant Services Agreement to Psomas for Engineering and Consulting services, Specification No. CS-2018-982BD, for a total amount not to exceed $319,080; and 02/27/2019 Minutes of Board Meeting Page 7 of 11 B. Approve a contingency of $31,908, (10%). AYES: NOES: ABSTENTIONS: ABSENT: Avery; Barnes (Alternate); Beamish (Alternate); Bernstein; Chaffee; Collacott; Ferryman; Hawkins; Iglesias (Alternate); Jones; Kim; Massa-Lavitt; R. Murphy; Nagel; Nguyen; Parker; Shawver; Silva; F. Smith; Withers and Yarc None None M. Murphy; Peterson; Wagner; and Wanke 13. GENERAL MANAGER APPROVED PURCHASES AND ADDITIONS TO THE PRE-APPROVED OEM SOLE SOURCE LIST (Lorenzo Tyner) MOVED. SECONDED. AND DULY CARRIED TO: A. Receive and file Orange County Sanitation District purchases made under the General Manager's authority for the period of October 1, 2018 to December 31, 2018; and B. Approve the following additions to the pre-approved OEM Sole Source List for the period of October 1, 2018 to December 31, 2018: • POL YCHEM (BRENTWOOD) -Sludge Collection System Parts and Components • HYDRO GATE -Weir Gates and Parts AYES: NOES: ABSTENTIONS: ABSENT: Avery; Barnes (Alternate); Beamish (Alternate); Bernstein; Chaffee; Collacott; Ferryman; Hawkins; Iglesias (Alternate); Jones; Kim; Massa-Lavitt; R. Murphy; Nagel; Nguyen; Parker; Shawver; Silva; F. Smith; Withers and Yarc None None M. Murphy; Peterson; Wagner; and Wanke 14. MID-YEAR CONSOLIDATED FINANCIAL REPORT FOR THE PERIOD ENDED DECEMBER 31, 2018 (Lorenzo Tyner) MOVED. SECONDED. AND DULY CARRIED TO: Receive and file the Orange County Sanitation District Mid-Year Financial Report for the period ended December 31, 2018. AYES: NOES: ABSTENTIONS: ABSENT: 02/27/2019 Avery; Barnes (Alternate); Beamish (Alternate); Bernstein; Chaffee; Collacott; Ferryman; Hawkins; Iglesias (Alternate); Jones; Kim; Massa-Lavitt; R. Murphy; Nagel; Nguyen; Parker; Shawver; Silva; F. Smith; Withers and Yarc None None M. Murphy; Peterson; Wagner; and Wanke Minutes of Board Meeting Page 8of11 15. TRANSFER 8.5 MILES OF SEWERS TO THE CITY OF SANTA ANA (Lorenzo Tyner) MOVED. SECONDED. AND DULY CARRIED TO: A. Approve a Quitclaim Sewer Transfer Agreement between Orange County Sanitation District and the City of Santa Ana; B. Approve Quitclaim Deed to the City of Santa Ana transferring ownership and associated property rights for sewers; and C. Authorize a transfer of $23,229,000 to the City of Santa Ana for projected necessary repairs due to the age and condition of the facilities. AYES: NOES: ABSTENTIONS: ABSENT: Avery; Barnes (Alternate); Beamish (Alternate); Bernstein; Chaffee; Collacott; Ferryman; Hawkins; Iglesias (Alternate); Jones; Kim; Massa-Lavitt; R. Murphy; Nagel; Nguyen; Parker; Shawver; Silva; F. Smith; Withers and Yarc None None M. Murphy; Peterson; Wagner; and Wanke 16. CONSIDERATION OF BUDGET ASSUMPTIONS AND BUDGET CALENDAR FOR PREPARATION OF THE FY 2019-20 BUDGET UPDATE (Lorenzo Tyner) MOVED. SECONDED. AND DULY CARRIED TO: Approve the FY 2019-20 budget assumptions and direct staff to incorporate these parameters in preparing the FY 2019-20 budget update. AYES: NOES: ABSTENTIONS: ABSENT: Avery; Barnes (Alternate); Beamish (Alternate); Bernstein; Chaffee; Collacott; Ferryman; Hawkins; Iglesias (Alternate); Jones; Kim; Massa-Lavitt; R. Murphy; Nagel; Nguyen; Parker; Shawver; Silva; F. Smith; Withers and Yarc None None M. Murphy; Peterson; Wagner; and Wanke LEGISLATIVE & PUBLIC AFFAIRS COMMITTEE: None. STEERING COMMITTEE: 17. PROPOSED ANNEXATION NO. OCSD-65 -LOS ALISOS AREAS 1 AND 2 ANNEXATION (Rob Thompson) MOVED. SECONDED. AND DULY CARRIED TO: A. Authorize staff to annex 968.2 acres to Orange County Sanitation District in the Los Alisos Areas 1 and 2, within the City of Lake Forest; 02/27/2019 Minutes of Board Meeting Page 9of11 B. Authorize the General Manager to execute associated annexation documents in a form approved by General Counsel; and C. Adopt Resolution No. OCSD 19-02, entitled: "A Resolution of the Board of Directors of the Orange County Sanitation District authorizing initiation of proceedings and requesting the Orange County Local Agency Formation Commission to take proceedings for the annexation to the Orange County Sanitation District, of territory in Portola Hills and Baker Ranch per the May 8, 2017 Agreement with Irvine Ranch Water District, (Proposed Annexation No. OCSD-65 -Los Alisos Areas 1 and 2 Annexation); and repealing Resolution No. OCSD 18-10". AYES: NOES: ABSTENTIONS: ABSENT: Avery; Barnes (Alternate); Beamish (Alternate); Bernstein; Chaffee; Collacott; Ferryman; Hawkins; Iglesias (Alternate); Jones; Kim; Massa-Lavitt; R. Murphy; Nagel; Nguyen; Parker; Shawver; Silva; F. Smith; Withers and Yarc None None M. Murphy; Peterson; Wagner; and Wanke NON-CONSENT: None. AB 1234 DISCLOSURE REPORTS: Director Ferryman reported on his recent attendance at the Borders Committee where the Interregional Tribal Transportation Strategy and Imperial County transportation updates were topics of discussion. CLOSED SESSION: CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS 54956.8 & 54957.6: The Board convened in closed session at 6:31 p.m. to discuss one item. Item No. CS-2 was not heard. Confidential minutes of the Closed Session have been 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 6:40 p.m. 02/27/2019 Minutes of Board Meeting Page 10 of 11 CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED SESSION: General Counsel Brad Hogin announced that in Closed Session the Board of Directors voted unanimously to accept the offer of MCA Realty, Inc. to purchase the Sanitation District's Doig Drive property (7311 Doig Drive, Garden Grove, CA 92841) for the purchase price of $6,850,000, and authorize the Board Chairman to enter into the Purchase and Sale Agreement in a form to be approved by General Counsel; by the following vote: AYES: NOES: ABSTENTIONS: ABSENT: Avery; Barnes (Alternate); Beamish (Alternate); Bernstein; Chaffee; Collacott; Ferryman; Hawkins; Iglesias (Alternate); Jones; Kim; Massa-Lavitt; R. Murphy; Nagel; Nguyen; Parker; Shawver; Silva; F. Smith; Withers and Yarc None None Wanke; M. Murphy; Peterson; and Wagner OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IFANY: Administration Committee Vice-Chair Richard Murphy thanked Assistant General Manager Rob Thompson for the notification and assistance with the sink hole in the City of Los Alamitos. Legislative and Public Affairs Committee Vice-Chair Bernstein congratulated and commended the Sanitation District for the four awards received this month. Chair Shawver stated that he will be attending the Urban Water Conference tomorrow on behalf of the Sanitation District. ADJOURNMENT: At 6:43 p.m. Chair Shawver adjourned the meeting until the Regular Meeting of the Board of Directors on March 27, 2019 at 6:00 p.m. in memory of Director Andrew Nguyen's mother, Maria Sim Pham. 02/27/2019 Minutes of Board Meeting Page 11 of 11