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HomeMy WebLinkAbout03-27-2019 Board Meeting Minutes03/27/2019 Orange County Sanitation District MINUTES BOARD MEETING March 27, 2019 Administration Building 10844 Ellis Avenue Fountain Valley, California 92708-7018 Minutes of Board Meeting Page 1of8 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 March 27, 2019 at 6:00 p.m. in the Administration Building. Director Phil Hawkins 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 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 x Lucille Kring Denise Barnes x Andrew Nguyen Al Krippner x Mark Murphy Kim Nichols x Richard Murphy Dean Grose x Steve Nagel Patrick Harper x Glenn Parker Steven Vargas x Erik Peterson Mike Posey VACANT x Cecilia Iglesias x Tim Shaw Tom Beamish x Jesus J. Silva Jan Flory x Fred Smith Sunny Park x Doug Chaffee Michelle Steel VACANT x Anthony Kuo A 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; Stephanie Barron; Bob Bell; Rod Collins; Don Cutler; Jacob Dalgoff; Thys DeVries; Mike Dorman; Natasha Dubrovski; Al Garcia; Steve Howard; Larry Johnson; Tina Knapp; Rebecca Long; Laura Maravilla; Jeff Mohr; Riaz Moinuddin; Andrew Nau; Wally Ritchie; Victor Salinas; Jim Spears; Thomas Vu and Paula Zeller. 03/27/2019 Minutes of Board Meeting Page 2 of 8 OTHERS PRESENT: Brad Hogin (General Counsel); Laura Kalty, Liebert Cassidy Whitmore (Special Counsel); Kay Zeller; Alternate Director Bob Ooten (CMSD); and Austin Mejia, Supervisor Chaffee's office. PUBLIC COMMENTS: None. SPECIAL PRESENTATIONS: Director of Operations and Maintenance -Rob Thompson presented 30-year employee service awards to Paula Zeller, Senior Plant Operator -Division 840; and Victor Salinas, Lead Electrical Tech -Division 870. CONSENT CALENDAR: Item heard out of order. 1. APPROVAL OF MINUTES (Clerk of the Board) MOVED. SECONDED. AND DULY CARRIED TO: Approve the minutes of the Special Meeting of the Board of Directors held on February 20, 2019 and the Regular Meeting of the Board of Directors held on February 27, 2019. AYES: NOES: ABSTENTIONS: ABSENT: REPORTS Avery; Bernstein; Collacott; Ferryman; Hawkins; Iglesias (Alternate); Jones; Kim; Kuo (Alternate); Massa-Lavitt; M Murphy; R. Murphy; Nagel; Nguyen; Parker; Peterson; Shaw; Shawver; Silva; F. Smith; Withers and Yarc None Chaffee and Kring Wanke Chair Shawver announced that Director Donald Wagner was sworn in today as Orange County Supervisor and would therefore no longer be able to serve as the appointed member from the city of Irvine. Chair Shawver announced the following Committee appointments: Tim Shaw (La Habra) Erik Peterson (H.B.) Jesus Silva (Fullerton) Steering Committee (At-Large Member) Legislative & Public Affairs Committee GWRS Steering Committee (Alternate) Chair Shawver stated that he intends to keep the Board apprised of OCSD's public outreach and legislative efforts by providing this information in various ways beginning with the inclusion of the Legislative and Public Affairs Committee monthly reports as a receive and file item included in the Board meeting packets. He also stated that proposed positions on newly introduced bills will be introduced and discussed at the upcoming Legislative and Public Affairs Committee. 03/27/2019 Minutes of Board Meeting Page 3 of 8 Chair Shawver also stated that he has requested staff incorporate information and major decision points regarding OCSD's future building in the General Manager's monthly report. Chair Shawver reminded the Board Members that April 1 is the last day to file an Annual Statement of Economic Interests -Form 700. General Manager Jim Herberg notified the Directors of a recent CAL OSHA Process Safety Management inspection and subsequent minor violations which were remedied the same day. He also reminded everyone of two save the dates: Honor Walk May 22 at 4:00 p.m. and OCSD's 651h Anniversary & Open House July 27 9:00 a.m.-12:00 p.m. Mr. Herberg also recognized recent awards received from the California Water Environment Association who named April Frost -Operator of the Year; and the Plant No. 2 Neighborhood Outreach Program -Community Engagement and Outreach Project of the Year. 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 January 23, 2019 B. Operations Committee Meeting of February 6, 2019 C. LaPA Committee Meeting of February 11, 2019 D. Administration Committee Meeting of February 13, 2019 E. Headquarters Committee Ad Hoc Meeting of March 4, 2019 3. REPORT OF THE INVESTMENT TRANSACTIONS FOR THE MONTH OF FEBRUARY 2019 (Lorenzo Tyner) Received and filed the report of the Investment Transactions for the month of February 2019. OPERATIONS COMMITTEE: Committee Chair Collacott stated that late communication, received after the publication of the agenda, was provided by the Clerk of the Board regarding Item No. 4 and Item No. 5 with additional modifications to Item No. 5 reducing the cost not to exceed $868,286 with fringe, overhead, and profit factors as originally proposed; and approve a contingency of $86,828 (10%). Item No. 4 was pulled and heard separately. 4. OCEAN OUTFALL SYSTEM REHABILITATION, PROJECT NO. J-117 (Kathy Millea) Assistant General Manager Rob Thompson responded to a question regarding the procurement process. 03/27/2019 Minutes of Board Meeting Page 4 of 8 MOVED. SECONDED. AND DULY CARRIED TO: A Approve a Professional Services Agreement with Schweitzer Engineering Laboratories Inc. (SEL) to provide final design, programming, testing, commissioning, and training for a load-shedding system and electrical power system protective relays for Ocean Outfall System Rehabilitation, Project No. J-117, Outfall Low Flow Pump Station, Contract No. J-117B, for a total amount not to exceed $1,096,074; and B. Approve a contingency of $109,607 (10%). AYES: NOES: ABSTENTIONS: ABSENT: Avery; Bernstein; Chaffee; Collacott; Ferryman; Hawkins; Iglesias (Alternate); Jones; Kim; Kring; Kuo (Alternate); Massa-Lavitt; M Murphy; R. Murphy; Nagel; Nguyen; Parker; Peterson; Shaw; Shawver; Silva; F. Smith; Withers and Yarc None None Wanke 5. ACTIVE FAULT LOCATION STUDY AT PLANT NO. 2, PROJECT NO. PS17-03 (Kathy Millea) MOVED. SECONDED. AND DULY CARRIED TO: A Approve a Professional Services Agreement with Lettis Consultants International, Inc. to provide engineering services for the Active Fault Location Study at Plant No. 2, Project No. PS17-03, for an amount not to exceed $868,286 with fringe, overhead, and profit factors as originally proposed; and B. Approve a contingency of $86,828 (10%). AYES: NOES: ABSTENTIONS: ABSENT: Avery; Bernstein; Chaffee; Collacott; Ferryman; Hawkins; Iglesias (Alternate); Jones; Kim; Kring; Kuo (Alternate); Massa- Lavitt; M Murphy; R. Murphy; Nagel; Nguyen; Parker; Peterson; Shaw; Shawver; Silva; F. Smith; Withers and Yarc None None Wanke 6. SAFETY IMPROVEMENTS PROGRAM, PROJECT NO. J-126 (Kathy Millea) MOVED, SECONDED. AND DULY CARRIED TO: A Receive and file Bid Tabulation and Recommendation for MMC, Inc. for Safety Improvements Program: NFPA 820 Improvements at Plant 1 and Plant 2, Contract No. J-126C; B. Award a Construction Contract to MMC, Inc. for Safety Improvements Program: NFPA 820 Improvements at Plant 1 and Plant 2, Contract No. J-126C, for a total amount not to exceed $469,000; and 03/27/2019 Minutes of Board Meeting Page 5 of 8 C. Approve a contingency of $46,900 (10%). AYES: NOES: ABSTENTIONS: ABSENT: Avery; Bernstein; Chaffee; Collacott; Ferryman; Hawkins; Iglesias (Alternate); Jones; Kim; Kring; Kuo (Alternate); Massa-Lavitt; M Murphy; R. Murphy; Nagel; Nguyen; Parker; Peterson; Shaw; Shawver; Silva; F. Smith; Withers and Yarc None None Wanke 7. HEADWORKS REHABILITATION AT PLANT N0.1, PROJECT NO. P1-105 (Kathy Millea) MOVED. SECONDED. AND DULY CARRIED TO: A Approve a budget increase of $36,000,000 for Headworks Rehabilitation and Expansion at Plant No.1, Project No. P1-105, for a total budget amount of $406,000,000; and B. Approve a contingency increase of $5,083,398 (29%) 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 $8,939,398 (51%). AYES: NOES: ABSTENTIONS: ABSENT: Avery; Bernstein; Chaffee; Collacott; Ferryman; Hawkins; Iglesias (Alternate); Jones; Kim; Kring; Kuo (Alternate); Massa-Lavitt; M Murphy; R. Murphy; Nagel; Nguyen; Parker; Peterson; Shaw; Shawver; Silva; F. Smith; Withers and Yarc None None Wanke ADMINISTRATION COMMITTEE: 8. INDUSTRIAL HYGIENE SERVICES (Celia Chandler) MOVED. SECONDED. AND DULY CARRIED TO: Approve a Professional Services Agreement for Arcadis U.S., Inc. to provide Industrial Hygiene Services, Specification No. S-2018-1008, for a total amount not to exceed $500,000 for a one-year period beginning May 1, 2019 through April 30, 2020, with four (4) one- year renewal options. AYES: NOES: 03/27/2019 Avery; Bernstein; Chaffee; Collacott; Ferryman; Hawkins; Iglesias (Alternate); Jones; Kim; Kring; Kuo (Alternate); Massa-Lavitt; M Murphy; R. Murphy; Nagel; Nguyen; Parker; Peterson; Shaw; Shawver; Silva; F. Smith; Withers and Yarc None Minutes of Board Meeting Page 6 of 8 ABSTENTIONS: None ABSENT: Wanke LEGISLATIVE & PUBLIC AFFAIRS COMMITTEE: None. STEERING COMMITTEE: 9. ORANGE COUNTY SANITATION DISTRICT/ORANGE COUNTY WATER DISTRICT JOINT AGREEMENT FOR GWRS FINAL EXPANSION (Kathy Millea) Director of Engineering Kathy Millea and Mr. Herberg responded to questions regarding the grant funding appropriations. MOVED. SECONDED. AND DULY CARRIED TO: Approve the Second 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, in a form approved by General Counsel. AYES: NOES: ABSTENTIONS: ABSENT: NON-CONSENT: Avery; Bernstein; Chaffee; Collacott; Ferryman; Hawkins; Iglesias (Alternate); Jones; Kim; Kring; Kuo (Alternate); Massa-Lavitt; M Murphy; R. Murphy; Nagel; Nguyen; Parker; Peterson; Shaw; Shawver; Silva; F. Smith; Withers and Yarc None None Wanke General Counsel Brad Hogin announced that Supplemental Item No. 10 will be deferred until after Closed Session. 10. SALE OF DOIG DRIVE PROPERTY (Lorenzo Tyner) MOVED. SECONDED. AND DULY CARRIED TO: Consider sale of the Doig Drive property in light of additional negotiations. CLOSED SESSION: CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS 54956.9(d)(2), 54957.6 & 54956.8: The Board convened in closed session at 6:33 p.m. to discuss four items. Item No. CS-2 was not heard. Confidential minutes of the Closed Session have been prepared in 03/27/2019 Minutes of Board Meeting Page 7 of 8 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 7:23 p.m. CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED SESSION: General Counsel Brad Hogin did not provide a report. Mr. Hogin announced that Supplemental Item No. 10 was pulled from consideration. AB 1234 DISCLOSURE REPORTS: Director Ferryman invited everyone to attend the OCCOG General Assembly at the Disney Grand California Hotel on April 12 from 8:00 am to 4:00 pm. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IFANY: None. ADJOURNMENT: At 7:27 p.m. Chair Shawver adjourned the meeting until the Regular Meeting of the Board of Directors on April 24, 2019 at 6:00 p.m. in memory of Rosemary Phillips, sister of Director Lucille Kring . Submitted by: 03/27/2019 Minutes of Board Meeting Page 8 of 8