HomeMy WebLinkAbout01-22-2020 Board Meeting MinutesORANGE COUNTY SANITATION DISTRICT
MINUTES
BOARD OF DIRECTORS
JANUARY 22, 2020
Board Room
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
BOARD OF DIRECTORS Minutes January 22, 2020
CALL TO ORDER
A regular meeting of the Board of Directors of the Orange County Sanitation District was
called to order by Board Vice-Chairman John Withers on January 22, 2020 at 6:06 p.m. in the
Administration Building. Director Tim Shaw delivered the invocation and led the Pledge of
Allegiance.
ROLL CALL AND DECLARATION OF QUORUM
1. APPOINTMENTS TO THE ORANGE COUNTY SANITATION DISTRICT
BOARD OF DIRECTORS
Originator: Kelly Lore
2019-853
Clerk of the Board Kelly Lore announced that Late Communication from member
agencies had been received regarding the item.
WITHOUT OBJECTION AMENDED ACTION TAKEN TO:
Receive and file minute excerpts of member agencies relating to appointments to the
Orange County Sanitation District Board of Directors:
Agency
City of Anaheim
City of Buena Park
City of Irvine
City of Los Alamitos
City of Newport Beach
City of Placentia
City of Seal Beach
City of Stanton
City of Tustin
Costa Mesa
Sanitary District
Irvine Ranch
Water District
Yorba Linda
Water District
Director
Lucille Kring
Fred Smith
Christina Shea
Richard Murphy
Brad Avery
Chad Wanke
Sandra Massa-Lavitt
David Shawver
Allan Bernstein
James Ferryman
John Withers
Brooke Jones
Alternate Director
Denise Barnes
Connor Traut
Anthony Kuo
Dean Grose
Joy Brenner
Ward Smith
Schelly Sustarsic
Carol Warren
Charles Puckett
Bob Ooten
Doug Reinhart
Phil Hawkins
Additional minute excerpts of member agencies were received and filed related to
appointments to the Orange County Sanitation District Board of Directors as follows:
Agency
City of Brea
City of Fountain Valley
City of Fullerton
City of Garden Grove
Director
Glenn Parker
Cheryl Brothers
Jesus J. Silva
Steve Jones
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Alternate Director
Cecilia Hupp
Patrick Harper
Jan Flory
John O'Neill
BOARD OF DIRECTORS Minutes January 22, 2020
ROLL CALL AND DECLARATION OF QUORUM
The Clerk of the Board declared a quorum present as follows:
PRESENT: Allan Bernstein, Doug Chaffee, Robert Collacott, James Ferryman,
Cecilia Iglesias, Brooke Jones, Peter Kim, Lucille Kring, Sandra
Massa-Lavitt, Mark Murphy, Richard Murphy, Andrew Nguyen, Glenn
Parker, Erik Peterson, Tim Shaw, Christina Shea, Jesus Silva, Fred
Smith, Chad Wanke, John Withers, Mariellen Yarc, Joy Brenner
(Alternate) and John O'Neill (Alternate)
ABSENT: David Shawver
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; Raul Cuellar; Mike Dorman; Brian Engeln; Al Garcia Yolanda Herrera; Jim
Kavalec; Tina Knapp; Jeff Mohr; Cindy Murra; Shahrzad Namini; Wally Ritchie; Eros Yong;
and Ruth Zintzun.
OTHERS PRESENT: Brad Hagin (General Counsel)
PUBLIC COMMENTS:
None.
Clerk of the Board Kelly Lore read additional Late Communication into the record regarding a
change to the term of the agreement in the recommendation for Item No. 5.
SPECIAL PRESENTATIONS:
None.
REPORTS:
Vice-Chair Withers reported that Chair Shawver is at the CASA Winter conference today
representing OCSD.
Vice-Chair Withers announced that an updated Board of Directors' Guide to Business Book
for 2020 and a brief survey titled Proposed Informational Item Presentations for 2020 were
distributed to all Board members. He asked that questions be referred to the Clerk of the
Board after the meeting.
Vice-Chair Withers reminded the Board that Wednesday, February 12 and Monday, February
17 are official OCSD holidays and Administrative offices would be closed; and that the
Administration Committee meeting regularly scheduled for February 12 was rescheduled to
February 19th.
General Manager Herberg reported that he had attended the CASA Winter conference during
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BOARD OF DIRECTORS Minutes January 22, 2020
the week where he presented results of the Climate Resiliency Study and discussed OCSD 's
approach for implementing the recommendations.
Mr. Herberg also stated that his Work Plan mid-year update was included in the agenda;
seven of the individual goals have already been completed; and the remainder are
scheduled to be completed by June 30th.
Mr. Herberg reported a correction to the quantity of biosolids generated over the last six
months, in his monthly GM report. He stated that it was initially reported at 3,400 tons when it
should have read 104,000 tons. He further stated that OCSD created 770 million cubic feet of
biogas, 49.5 gigawatts hours of electricity, and 23.4 billion gallons of water for OCWD reuse.
CONSENT CALENDAR:
2. APPROVAL OF MINUTES 2019-665
Originator: Kelly Lore
MOVED, SECONDED, AND DULY CARRIED TO:
Approve Minutes of the Regular Meeting of the Board of Directors held December 18,
2019.
AYES: Allan Bernstein, Cheryl Brothers, Doug Chaffee, Robert Collacott,
James Ferryman, Cecilia Iglesias, Brooke Jones, Peter Kim, Lucille
Kring, Sandra Massa-Lavitt, Mark Murphy, Richard Murphy, Andrew
Nguyen, Glenn Parker, Erik Peterson, Tim Shaw, Christina Shea,
Jesus Silva, Fred Smith, Chad Wanke, John Withers, Mariellen Yarc,
Joy Brenner (Alternate) and John O'Neill (Alternate)
NOES: None
ABSENT: David Shawver
ABSTENTIONS: None
RECEIVE AND FILE:
3. COMMITTEE MEETING MINUTES 2019-737
Originator: Kelly Lore
WITHOUT OBJECTION ACTION TAKEN TO RECEIVE:
A Minutes of the Steering Committee Meeting held November 20, 2019
B. Minutes of the GWRS Steering Committee Meeting held October 14, 2019
4. REPORT OF THE INVESTMENT TRANSACTIONS FOR THE MONTH 2019-800
OF DECEMBER 2019
Originator: Lorenzo Tyner
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BOARD OF DIRECTORS Minutes January 22, 2020
WITHOUT OBJECTION ACTION TAKEN TO RECEIVE:
Report of the Investment Transactions for the month of December 2019.
OPERATIONS COMMITTEE:
5. AWARD OF CORROSION MANAGEMENT SUPPORT SERVICES,
SPECIFICATION NO. CS-2019-1071BD
Originator: Kathy Millea
2019-821
Late communication was provided by Assistant General Manager Rob Thompson
which amended staff's recommendation for the terms of the item's agreement.
An amended motion was made.
MOVED, SECONDED, AND DULY CARRIED TO:
A . Approve a Professional Consultant Services Agreement with Corrpro Companies,
Inc. for Corrosion Management Support Services, Specification No. CS-2019-1071BD,
for the period of February 1, 2020 through January 31, 2021 for a total annual amount
not to exceed $600,000, with four (4) one-year renewal options; and
B. Approve an annual contingency of $60,000 (10%).
A Approve a Professional Consultant Services Agreement with Corrpro
Companies, lne. for Corrosion Management Support Serviees, Speeifieation No.
CS 2019 107180, for the period of January 1, 2020 through Deeember d1,
2020, for a total annual amount not to exeeed $600,000, with four (4) one year
renewal options; and
&-Approve an annual eontingeney of $60,000 (10%).
AYES: Allan Bernstein, Cheryl Brothers, Doug Chaffee, Robert Collacott,
James Ferryman, Cecilia Iglesias, Brooke Jones, Peter Kim, Lucille
Kring, Sandra Massa-Lavitt, Mark Murphy, Richard Murphy, Andrew
Nguyen, Glenn Parker, Erik Peterson, Tim Shaw, Christina Shea,
Jesus Silva, Fred Smith , Chad Wanke, John Withers, Mariellen Yarc,
Joy Brenner (Alternate) and John O'Neill (Alternate)
NOES: None
ABSENT: David Shawver
ABSTENTIONS: None
ADMINISTRATION COMMITTEE:
None.
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BOARD OF DIRECTORS Minutes January 22, 2020
LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE:
None.
STEERING COMMITTEE:
6. REQUEST FOR FUNDING -WASTEWATER FLOW & LOADING
STUDY
Originator: Lorenzo Tyner
MOVED, SECONDED, AND DULY CARRIED TO:
2020-881
Approve the Orange County Sanitation District's on-going participation in the California
Association of Sanitation Agencies wastewater flow and loading study and the
Participating Agency Contribution Pledge of $410,676.
AYES: Allan Bernstein, Cheryl Brothers, Doug Chaffee, Robert Collacott,
James Ferryman, Cecilia Iglesias, Brooke Jones, Peter Kim, Lucille
Kring, Sandra Massa-Lavitt, Mark Murphy, Richard Murphy, Andrew
Nguyen, Glenn Parker, Erik Peterson, Tim Shaw, Christina Shea,
Jesus Silva, Fred Smith, Chad Wanke, John Withers, Mariellen Yarc,
Joy Brenner (Alternate) and John O'Neill (Alternate)
NOES: None
ABSENT: David Shawver
ABSTENTIONS: None
7. GENERAL MANAGER'S FISCAL YEAR 2019-2020 WORK PLAN 2020-882
MID-YEAR UPDATE
Originator: Jim Herberg
MOVED, SECONDED, AND DULY CARRIED TO:
Receive and file the General Manager's Fiscal Year 2019-2020 Work Plan Mid-Year
Update and Memorandum.
AYES: Allan Bernstein, Cheryl Brothers, Doug Chaffee, Robert Collacott,
James Ferryman, Cecilia Iglesias, Brooke Jones, Peter Kim, Lucille
Kring, Sandra Massa-Lavitt, Mark Murphy, Richard Murphy, Andrew
Nguyen, Glenn Parker, Erik Peterson, Tim Shaw, Christina Shea,
Jesus Silva, Fred Smith, Chad Wanke, John Withers, Mariellen Yarc,
Joy Brenner (Alternate) and John O'Neill (Alternate)
NOES: None
ABSENT: David Shawver
ABSTENTIONS: None
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BOARD OF DIRECTORS Minutes January 22, 2020
NON-CONSENT:
8. HEADWORKS MODIFICATIONS AT PLANT NO. 2 FOR GWRS FINAL
EXPANSION, PROJECT NO. P2-122
Originator: Kathy Millea
2019-677
Director of Engineering Kathy Millea provided a brief presentation regarding the item.
MOVED, SECONDED, AND DULY CARRIED TO:
A. Receive and file Bid Tabulation and Recommendation for Headworks Modifications
at Plant No. 2 for GWRS Final Expansion, Project No. P2-122;
B. Award a Construction Contract to Shimmick Construction Co., Inc. for Headworks
Modifications at Plant No. 2 for GWRS Final Expansion, Project No. P2-122 , for
a total amount not to exceed $14,487,735; and
C. Approve a contingency of $1,448,773 (10%).
AYES: Allan Bernstein, Cheryl Brothers, Doug Chaffee, Robert Collacott,
James Ferryman, Cecilia Iglesias, Brooke Jones, Peter Kim, Lucille
Kring, Sandra Massa-Lavitt, Mark Murphy, Richard Murphy, Andrew
Nguyen, Glenn Parker, Erik Peterson, Tim Shaw, Christina Shea,
Jesus Silva, Fred Smith, Chad Wanke, John Withers, Mariellen Yarc,
Joy Brenner (Alternate) and John O'Neill (Alternate)
NOES: None
ABSENT: David Shawver
ABSTENTIONS: None
9. HEADWORKS MODIFICATIONS AT PLANT NO. 2 FOR GWRS FINAL 2019-854
EXPANSION, PROJECT NO. P2-122
Originator: Kathy Millea
Director of Engineering Kathy Millea provided a brief presentation regarding the item .
MOVED, SECONDED, AND DULY CARRIED TO:
A. Approve a Professional Construction Services Agreement with COM Smith Inc. to
provide construction support services for Headworks Modifications at Plant No. 2
for GWRS Final Expansion, Project No. P2-122, for an amount not to exceed
$2,200,000; and
B. Approve a contingency of $220,000 (10%).
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BOARD OF DIRECTORS Minutes January 22, 2020
AYES: Allan Bernstein, Cheryl Brothers, Doug Chaffee, Robert Collacott,
James Ferryman, Cecilia Iglesias, Brooke Jones, Peter Kim, Lucille
Kring, Sandra Massa-Lavitt, Mark Murphy, Richard Murphy, Andrew
Nguyen, Glenn Parker, Erik Peterson, Tim Shaw, Christina Shea,
Jesus Silva, Fred Smith, Chad Wanke, John Withers, Mariellen Yarc,
Joy Brenner (Alternate) and John O'Neill (Alternate)
NOES: None
ABSENT: David Shawver
ABSTENTIONS: None
INFORMATION ITEMS:
None.
AB 1234 DISCLOSURE REPORTS:
Director Ferryman stated that his committees were dark last month, but he wanted to report
that longtime employee of Costa Mesa Sanitation District Rob Hamers had recently passed
away.
CLOSED SESSION:
CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS
54956.9(d)(4) & 54956.8:
The Board convened in closed session at 6:24 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 .
CS-1 CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED
LITIGATION -GOVERNMENT CODE SECTION 54956.9(d)(4)
2020-873
CONVENED IN CLOSED SESSION:
Voted unanimously to : Reject the City of Fountain Valley's offer to "Rent" airspace over
Ellis Avenue.
Number of Potential Cases: 1
Initiation of litigation regarding development fees and conditions at Project OCSD
Headquarters Building: City of Fountain Valley
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BOARD OF DIRECTORS Minutes January 22, 2020
AYES: Allan Bernstein, Cheryl Brothers, Doug Chaffee, Robert Collacott,
James Ferryman, Cecilia Iglesias, Brooke Jones, Peter Kim , Lucille
Kring, Sandra Massa-Lavitt, Mark Murphy, Richard Murphy, Andrew
Nguyen, Glenn Parker, Erik Peterson, Tim Shaw, Christina Shea,
Jesus Silva, Fred Smith, Chad Wanke, John Withers, Mariellen Yarc,
Joy Brenner (Alternate) and John O'Neill (Alternate)
NOES: None
ABSENT: David Shawver
ABSTENTIONS: None
CS-2 CONFERENCE WITH REAL PROPERTY NEGOTIATORS -
GOVERNMENT CODE SECTION 54956.8
2020-874
CONVENED IN CLOSED SESSION:
Property: 18475 Bandilier Cir. Fountain Valley, CA -APN No.156-163-15;
Agency negotiators: General Manager, Jim Herberg; Assistant General Manager,
Lorenzo Tyner; Assistant General Manager, Rob Thompson; and Director of
Engineering, Kathy Millea.
Negotiating parties : Sukut Real Properties II, LLC
Under negotiation: Price and terms of payment
RECONVENE IN REGULAR SESSION.
The Board reconvened in regular session at 6:50 p.m.
CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED
SESSION:
General Counsel Brad Hagin stated that in Closed Session the Board voted unanimously
to reject the offer from the City of Fountain Valley to "Rent" airspace over Ellis Avenue.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY:
None.
BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING:
None.
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BOARD OF DIRECTORS Minutes January 22, 2020
ADJOURNMENT:
At 6:41 p.m., Vice-Chair Withers adjourned the meeting until the Regular Meeting of the
Board of Directors to be held on February 26, 2020 at 6:00 p. m.
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