HomeMy WebLinkAbout07-24-2019 Board Meeting Minutes07/24/2019
Orange County Sanitation District
MINUTES
BOARD MEETING
July 24, 2019
Administration Building
10844 Ellis Avenue
Fountain Valley, California 92708-7018
Minutes of Board Meeting Page 1 of 12
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 July 24, 2019 at 6:05 p.m. in the
Administration Building. Director Fred Smith 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
A Doug Chaffee Michelle Steel
x Robert Collacott Chad Zimmerman
x James M. Ferryman Bob Ooten
Phil Hawkins x Brooke Jones
x Cecilia Iglesias David Penaloza
x Steven Jones John O'Neill
x Peter Kim Marshall Goodman
x Lucille Kring Denise Barnes
x Sandra Massa-Lavitt Schelly Sustarsic
Mark Murphy x Kim Nichols
x Richard Murphy Dean Grose
A Steve Nagel Patrick Harper
x Andrew Nguyen Al Krippner
x Glenn Parker Steven Vargas
x Erik Peterson Mike Posey
x Tim Shaw Tom Beamish
x Christina Shea Anthony Kuo
x Jesus J. Silva Jan Flory
x Fred Smith Sunny Park
x Chad Wanke Ward Smith
x John Withers Douglas 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; Lan Wiborg, Director
of Environmental Services; Kelly Lore, Clerk of the Board; Janine Aguilar; Stephanie
Barron; Megan Carlson; William Cassidy; Thys DeVries; Mike Dorman; Dean Fisher; Chris
Johnson; Tina Knapp; Rob Livingston; Rebecca Long; Laura Maravilla; Joshua Martinez;
Andrew Nau; Wally Ritchie; Jim Spears; and Ruth Zintzun.
07/24/2019 Minutes of Board Meeting Page 2of12
OTHERS PRESENT: Brad Hagin (General Counsel); Laura Kalty, Liebert Cassidy
Whitmore (Special Counsel); Bob Ooten (Alternate Director) CMSD; and Anni Larkins,
Jacobs.
PUBLIC COMMENTS:
Clerk of the Board Kelly Lore stated that correspondence was received from the General
Manager which was distributed to the Directors.
SPECIAL PRESENTATIONS:
Assistant General Manager Rob Thompson presented a 20-year Employee Service Award
to William Cassidy, Engineering Supervisor, Division 820 and a 30-year Employee Service
Award to Rob Livingston, Program Assistant, Division 830.
REPORTS:
Chair Shawver announced the OCSD's 55th Anniversary Open House & Centrifuge Ribbon
Cutting VIP event would take place Saturday, July 27th from 9 a.m. -12 p.m. and that the
Nerissa Tours will take place on July 29 & 30, 2019 and to Contact Clerk of the Board if
interested.
General Manager Jim Herberg introduced and welcomed newly hired Purchasing &
Contracts Manager, Ruth Zintzun. He also announced that OCSD had received the
NACWA Platinum Award.
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 June 26, 2019.
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Avery; Bernstein; Collacott; Ferryman; Iglesias; B. Jones
(Alternate); S. Jones; Kim; Kring; Massa-Lavitt; R. Murphy;
Nguyen; Parker; Peterson; Shaw; Shawver; Shea; Silva;
F. Smith; Withers; Wanke and Yarc
None
None
Chaffee; Nichols (Alternate); and Nagel
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 May 22, 2019
07/24/2019 Minutes of Board Meeting Page 3of12
B. Operations Committee Meeting of June 5, 2019
C. LaPA Committee Meeting of June 10, 2019
D. Administration Committee Meeting of June 12, 2019
E. GWRS Steering Committee Meeting of April 8, 2019
3. REPORT OF THE INVESTMENT TRANSACTIONS FOR THE MONTH OF
JUNE 2019 (Lorenzo Tyner)
Received and filed the report of the Investment Transactions for the month of
June 2019.
OPERATIONS COMMITTEE:
4. PLANT NO. 2 TRICKLING FILTER INFLUENT (FEED) PUMP REPAIRS
(Rob Thompson)
MOVED, SECONDED. AND DULY CARRIED TO:
A. Approve a Sole Source Purchase Order to Vaughan's Industrial Repair Co.,
Inc for the repair and reinstallation of six influent pumps at the Plant No. 2
Trickling Filter Pump Station, for a total amount not to exceed $631,01 O; and
B. Approve a contingency of $126,202 (20%).
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Avery; Bernstein; Collacott; Ferryman; Iglesias; B. Jones
(Alternate); S. Jones; Kim; Kring; Massa-Lavitt; R. Murphy;
Nguyen; Parker; Peterson; Shaw; Shawver; Shea; Silva;
F. Smith; Withers; Wanke and Yarc
None
None
Chaffee; Nichols (Alternate); and Nagel
5. RENEWAL AGREEMENT FOR LIQUID OXYGEN PURCHASE AND
ASSOCIATED VAPORIZATION SYSTEM MAINTENANCE SPECIFICATION NO.
C-2018-926BD (Rob Thompson)
MOVED. SECONDED. AND DULY CARRIED TO:
A. Approve Amendment No. 1 for a unit price increase of $0.0535 per centum
cubic feet (22.8%) to the chemical supplier agreement with Airgas USA, LLC
for the purchase of liquid oxygen, Specification No. C-2018-926BD, for the
period beginning August 21, 2019 through August 20, 2020 for a unit price
of $0.288 per centum cubic feet delivered, plus applicable sales tax, for a
total estimated annual amount of $496,512; and
B. Authorize unit price adjustment of up to 15% annually using mutually
acceptable price indices for subsequent agreement renewal periods.
07/24/2019 Minutes of Board Meeting Page 4of12
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Avery; Bernstein; Collacott; Ferryman; Iglesias; B. Jones
(Alternate); S. Jones; Kim; Kring; Massa-Lavitt; R. Murphy;
Nguyen; Parker; Peterson; Shaw; Shawver; Shea; Silva;
F. Smith; Withers; Wanke and Yarc
None
None
Chaffee; Nichols (Alternate); and Nagel
6. HEADWORKS REHABILITATION AND EXPANSION AT PLANT NO. 1,
PROJECT NO. P1-105 (Kathy Millea)
MOVED. SECONDED. AND DULY CARRIED TO:
A. Consider, receive, and file the Mitigated Negative Declaration and Mitigation
Monitoring and Reporting Program for the Headworks Rehabilitation and
Expansion at Plant No. 1, Project No. P1-105, prepared by Carollo and
Environmental Science Associates; and
B. Adopt Resolution No. OCSD 19-07, entitled: "A Resolution of the Board of
Directors of the Orange County Sanitation District adopting the Mitigated
Negative Declaration for the Headworks Rehabilitation and Expansion at
Plant No. 1, Project No. P1-105, adopting a Mitigation Monitoring and
Reporting Program, and approving the Headworks Rehabilitation and
Expansion at Plant No. 1, Project No. P1-105."
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Avery; Bernstein; Collacott; Ferryman; Iglesias; B. Jones
(Alternate); S. Jones; Kim; Kring; Massa-Lavitt; R. Murphy;
Nguyen; Parker; Peterson; Shaw; Shawver; Shea; Silva;
F. Smith; Withers; Wanke and Yarc
None
None
Chaffee; Nichols (Alternate); and Nagel
7. PLANT NO. 2 TRUCKLOADING AUGER REPLACEMENT
(Rob Thompson)
MOVED. SECONDED. AND DULY CARRIED TO:
A. Approve a Sole Source Purchase Order to Putzmeister for the procurement
of up to 12 replacement Putzmeister augers along with their associated
mounting components including gear motor assembly for the Plant No. 2
truckloading facility, for a total amount not to exceed $663,359;
B. Approve payment of $198,008 (30%) of the not-to-exceed amount at the time
of order; and
C. Approve a contingency of $132,672 (20%).
AYES:
07/24/2019
Avery; Bernstein; Collacott; Ferryman; Iglesias; B. Jones
(Alternate); S. Jones; Kim; Kring; Massa-Lavitt; R. Murphy;
Minutes of Board Meeting Page 5of12
NOES:
ABSTENTIONS:
ABSENT:
Nguyen; Parker; Peterson; Shaw; Shawver; Shea; Silva;
F. Smith; Withers; Wanke and Yarc
None
None
Chaffee; Nichols (Alternate); and Nagel
8. SLUDGE DEWATERING AND ODOR CONTROL AT PLANT NO. 2,
PROJECT NO. P2-92 (Kathy Millea)
MOVED. SECONDED. AND DULY CARRIED TO: Approve a contingency increase
of $498,500 (1 %) to the construction contract with Shimmick Construction
Company, Inc. for Sludge Dewatering and Odor Control at Plant No. 2, Project No.
P2-92, for a total contingency of $2,991,000 (6%).
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Avery; Bernstein; Collacott; Ferryman; Iglesias; B. Jones
(Alternate); S. Jones; Kim; Kring; Massa-Lavitt; R. Murphy;
Nguyen; Parker; Peterson; Shaw; Shawver; Shea; Silva;
F. Smith; Withers; Wanke and Yarc
None
None
Chaffee; Nichols (Alternate); and Nagel
9. SLUDGE DEWATERING AND ODOR CONTROL AT PLANT NO. 1, PROJECT
NO. P1-101 (Kathy Millea)
MOVED. SECONDED. AND DULY CARRIED TO: Approve a contingency increase
of $357,000 (5%) to the Professional Consultant Services Agreement with HOR
Engineering, Inc. to provide construction support services for Sludge Dewatering
and Odor Control at Plant No. 1, Project No. P1-101, for a total contingency amount
of $2,499,000 (35%).
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Avery; Bernstein; Collacott; Ferryman; Iglesias; B. Jones
(Alternate); S. Jones; Kim; Kring; Massa-Lavitt; R. Murphy;
Nguyen; Parker; Peterson; Shaw; Shawver; Shea; Silva;
F. Smith; Withers; Wanke and Yarc
None
None
Chaffee; Nichols (Alternate); and Nagel
10. RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT ACTIVATED
SLUDGE PLANT NO. 1, PROJECT NO. P1-129 (Kathy Millea)
MOVED. SECONDED. AND DULY CARRIED TO:
A. Approve a budget increase of $1,300,000 for Return Activated Sludge Piping
Replacement at Activated Sludge Plant No. 1, Project No. P1-129, for a total
budget of $10,300,000;
07/24/2019 Minutes of Board Meeting Page 6 of 12
B. Approve a Professional Construction Services Agreement with AECOM
Technical Services, Inc. to provide construction support services for Return
Activated Sludge Piping Replacement at Activated Sludge Plant No. 1,
Project No. P1-129, for a total amount not to exceed $140,000; and
C. Approve a contingency related to the Professional Construction Services
Agreement of $14,000 (10%).
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Avery; Bernstein; Collacott; Ferryman; Iglesias; B. Jones
(Alternate); S. Jones; Kim; Kring; Massa-Lavitt; R. Murphy;
Nguyen; Parker; Peterson; Shaw; Shawver; Shea; Silva;
F. Smith; Withers; Wanke and Yarc
None
None
Chaffee; Nichols (Alternate); and Nagel
ADMINISTRATION COMMITTEE:
11. 2020 BENEFITS INSURANCE RENEWAL (Celia Chandler)
MOVED. SECONDED. AND DULY CARRIED TO: Approve the Orange County
Sanitation District 2020 Benefits Insurance Renewal for the overall not-to-exceed
amount of $13,137,895; and a one-time adjustment to 2019 Health & Welfare
Insurance purchase order for the not-to-exceed (NTE) amount of $230,000, as
specified below:
A. WORKTERRA (medical, dental, and vision plans; Health Savings Accounts
[HSA]; and Employee Assistance Program [EAP]) -Not to Exceed
$12,377,584;
B. Prudential (basic life, short-and long-term disability) -Not to Exceed
$730,311;
C. The Standard (EMT & Manager disability) -Not to Exceed $30,000; and
D. Approve a contingency of $656,895 (5%).
E. For the 2019 Plan Year, approve a one-time reallocation from the 2019
operating budget in the amount of $230,000 to be transferred to group health
insurance benefits, resulting in a change in the total cost approved by the
Board, from $12,894,770 to $13, 124,770. The reallocation would not result
in an increase to the overall 2019 budget.
AYES:
NOES:
ABSTENTIONS:
ABSENT:
07/24/2019
Avery; Bernstein; Collacott; Ferryman; Iglesias; B. Jones
(Alternate); S. Jones; Kim; Kring; Massa-Lavitt; R. Murphy;
Nguyen; Parker; Peterson; Shaw; Shawver; Shea; Silva;
F. Smith; Withers; Wanke and Yarc
None
None
Chaffee; Nichols (Alternate); and Nagel
Minutes of Board Meeting Page 7 of 12
LEGISLATIVE & PUBLIC AFFAIRS COMMITTEE:
12. LEGISLATIVE AFFAIRS UPDATE FOR THE MONTH OF JUNE 2019
(Jim Herberg)
MOVED, SECONDED, AND DULY CARRIED TO: Receive and file the Legislative
Affairs Update for the month of June 2019.
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Avery; Bernstein; Collacott; Ferryman; Iglesias; B. Jones
(Alternate); S. Jones; Kim; Kring; Massa-Lavitt; R. Murphy;
Nguyen; Parker; Peterson; Shaw; Shawver; Shea; Silva;
F. Smith; Withers; Wanke and Yarc
None
None
Chaffee; Nichols (Alternate); and Nagel
13. PUBLIC AFFAIRS UPDATE FOR THE MONTH OF JUNE 2019
(Jim Herberg)
MOVED. SECONDED, AND DULY CARRIED TO: Receive and file the Public
Affairs Update for the month of June 2019.
AYES:
NOES:
ABSTENTIONS:
ABSENT:
STEERING COMMITTEE:
Avery; Bernstein; Collacott; Ferryman; Iglesias; B. Jones
(Alternate); S. Jones; Kim; Kring; Massa-Lavitt; R. Murphy;
Nguyen; Parker; Peterson; Shaw; Shawver; Shea; Silva;
F. Smith; Withers; Wanke and Yarc
None
None
Chaffee; Nichols (Alternate); and Nagel
General Counsel Brad Hagin stated a recusal on Items Nos. 14 and 15 due to a conflict of
interest with the County of Orange and left the room during discussion.
14. RIGHT OF ENTRY AGREEMENT (Lorenzo Tyner)
MOVED, SECONDED, AND DULY CARRIED TO:
A. Approve a Right of Entry Agreement for Orange County Transportation
Authority, and its authorized agents, to enter upon Orange County Sanitation
District's property located on the north side of Westminster Boulevard, East
of Springdale Street, in Westminster, CA adjacent to the Interstate 405
Freeway for temporary use in connection with its project to widen the
Interstate 405 Freeway for a term of four (4) years from the 30-day notice
prior to the beginning of construction, in a form approved by Special Counsel;
and
07/24/2019 Minutes of Board Meeting Page 8of12
B. Direct the Clerk of the Board to record the Agreement with the Orange
County Clerk-Recorder.
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Avery; Bernstein; Collacott; Ferryman; Iglesias; B. Jones
(Alternate); S. Jones; Kim; Kring; Massa-Lavitt; R. Murphy;
Nguyen; Parker; Peterson; Shaw; Shawver; Shea; Silva;
F. Smith; Withers; Wanke and Yarc
None
None
Chaffee; Nichols (Alternate); and Nagel
15. FIRST AMENDMENT TO 800 MHZ LEASE (Lorenzo Tyner)
MOVED. SECONDED, AND DULY CARRIED TO:
Approve the First Amendment to the 800 MHz Lease Agreement with the County
of Orange with the following modifications, in a form approved by Special Counsel:
• Term of Lease shall expire May 4, 2023; with an optional one (1) additional
five-year period
• Increase the annual lease rate from $0.42 per square foot to $0.52 per square
foot
• Decrease the site footprint from 10,000 square feet to 4,784 square feet before
December 31, 2019
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Avery; Bernstein; Collacott; Ferryman; Iglesias; B. Jones
(Alternate); S. Jones; Kim; Kring; Massa-Lavitt; R. Murphy;
Nguyen; Parker; Peterson; Shaw; Shawver; Shea; Silva;
F. Smith; Withers; Wanke and Yarc
None
None
Chaffee; Nichols (Alternate); and Nagel
16. COOPERATIVE AGREEMENT FOR INTEGRATED REGIONAL WATER
MANAGEMENT FUNDING IN THE SANTA ANA FUNDING AREA
(Lan Wiborg)
MOVED, SECONDED. AND DULY CARRIED TO: Approve a Cooperative
Agreement among the County of Orange, Orange County Sanitation District,
Orange County Water District (collectively referred to as Orange County Parties),
and the Santa Ana Watershed Project Authority (SAWPA), a joint powers authority,
for the Orange County Parties agreeing to remain a part of the Santa Ana Funding
Area covered by the One Water One Watershed Plan for a period of ten (10) years,
from date of execution.
AYES:
07/24/2019
Avery; Bernstein; Collacott; Ferryman; Iglesias; B. Jones
(Alternate); S. Jones; Kim; Kring; Massa-Lavitt; R. Murphy;
Minutes of Board Meeting Page 9of12
NOES:
ABSTENTIONS:
ABSENT:
Nguyen; Parker; Peterson; Shaw; Shawver; Shea; Silva;
F. Smith; Withers; Wanke and Yarc
None
None
Chaffee; Nichols (Alternate); and Nagel
Alternate Director Kim Nichols arrived at 6:23 p.m.
NON-CONSENT:
17. RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT ACTIVATED
SLUDGE PLANT NO. 1, PROJECT NO. P1-129 (Kathy Millea)
Director of Engineering, Kathy Millea provided a brief overview of the item.
MOVED. SECONDED. AND DULY CARRIED TO:
A Receive and file Bid Tabulation and Recommendation for Return Activated
Sludge Piping Replacement at Activated Sludge Plant No. 1, Project
No. P1-129;
B. Award a Construction Contract to Abhe & Svoboda, Inc. for Return Activated
Sludge Piping Replacement at Activated Sludge Plant No. 1, Project
No. P1-129, for a total amount not to exceed $6,863,092; and
C. Approve a contingency of $686,309 (10%).
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Avery; Bernstein; Collacott; Ferryman; Iglesias; B. Jones
(Alternate); S. Jones; Kim; Kring; Massa-Lavitt; R. Murphy;
Nguyen; Nichols (Alternate); Parker; Peterson; Shaw;
Shawver; Shea; Silva; F. Smith; Withers; Wanke and Yarc
None
None
Chaffee and Nagel
18. FUEL CELL AND BOILER FACILITIES DEMOLITION, PROJECT NO. FE16-06
(Kathy Millea)
Ms. Millea provided a brief overview of the item and explained the bidding process.
MOVED. SECONDED. AND DULY CARRIED TO:
A Receive and file Bid Tabulation and Recommendation for Fuel Cell and
Boiler Facilities Demolition, Project No. FE16-06;
B. Receive and file Clarification Request No.1 issued to Innovative
Construction Solutions (ICS) on May 21, 2019;
C. Receive and file ICS's response to Clarification Request No.1 received on
May 22, 2019;
D. Receive and file Clarification Request No. 2 issued to Innovative
Construction Solutions (ICS) on June 12, 2019;
07/24/2019 Minutes of Board Meeting Page 10of12
E. Receive and file ICS's response to Clarification Request No. 2 dated
June 19, 2019;
F. Reject low Bid received from ICS as non-responsive;
G. Receive and file Orange County Sanitation District's Award
Recommendation Notice issued to all Bidders on July 11, 2019;
H. Award a Construction Contract to Mehta Mechanical Company, Inc. for Fuel
Cell and Boiler Facilities Demolition, Project No. FE16-06, for a total amount
not to exceed $474,000; and
I. Approve a contingency amount of $47,400 (10%).
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Avery; Bernstein; Collacott; Ferryman; Iglesias; B. Jones
(Alternate); S. Jones; Kim; Kring; Massa-Lavitt; R. Murphy;
Nguyen; Nichols (Alternate); Parker; Peterson; Shaw;
Shawver; Shea; Silva; F. Smith; Withers; Wanke and Yarc
None
None
Chaffee and Nagel
INFORMATION ITEMS:
None.
AB 1234 DISCLOSURE REPORTS:
Director Ferryman reported on his recent meetings at NWRI and informed the Board that
he will be attending the OCCOG meeting tomorrow.
CLOSED SESSION:
CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS
54956.9(d)(4):
The Board convened in closed session at 6:28 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 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 6:34 p.m.
CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED
SESSION:
General Counsel Brad Hogin did not provide a report.
07/24/2019 Minutes of Board Meeting Page 11 of 12
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS,
IFANY:
None.
BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING:
None requested.
ADJOURNMENT:
At 6:37 p.m., Chair Shawver adjourned the meeting until the Regular Meeting of the Board
of Directors to be held on August 28, 2019 at 6:00 p.m.
07/24/2019 Minutes of Board Meeting Page 12 of 12