Upon motion duly made and seconded, the following resolution was unanimously adopted [6-0]. (not present) (not present) (not present)

Transcription

1 MINUTES OF MEETING BOARD OF DIRECTORS, ORANGE COUNTY WATER DISTRICT January 22, 2014, 5:30 p.m. President Dewane called to order the January 22, 2014 regular meeting of the Orange County Water District Board of Directors at 5:30 p.m. in the Boardroom at the District office. Following the Pledge of Allegiance to the Flag, the Secretary called the roll and reported a quorum as follows. Directors Philip Anthony Kathryn Barr Denis Bilodeau Shawn Dewane Jan Flory Cathy Green Vincent Sarmiento Stephen Sheldon Harry Sidhu Roger Yoh (not present) (not present) (not present) Staff Michael Markus, General Manager Joel Kuperberg, General Counsel Janice Durant, District Secretary Bruce Dosier, Randy Fick, Roy Herndon, Don Houlihan, Bill Hunt, John Kennedy, Mehul Patel, Lily Sanchez, Eleanor Torres, Mike Wehner, Greg Woodside, Nira Yamachika Others: Keith Lyon - Municipal Water District of Orange County Robert Hanford - Friends of the Basin Milt Dardis, Dave Hamilton, Marinka Horack - R4RD Ric Collett - Yorba Linda Water District Jim Fisler - Mesa Water District Don Calkins - City of Anaheim Robert Hanford - Golden State Water Company Ray Hiemstra - Orange County Coastkeeper Betsy Eglash - Brady VISITOR PARTICIPATION There were no visitors wishing to address the Board. ITEM RECEIVED TOO LATE TO BE AGENDIZED General Manager Markus advised that staff was advised today that the City of Fullerton appointed Jan Flory to replace Bruce Whitaker on the OCWD Board. The Board then took the following action adding this as an emergency item to tonight s Agenda. Upon motion duly made and seconded, the following resolution was unanimously adopted [6-0].

2 1/22/14 RESOLUTION NO DETERMINING NEED TO ADD ITEM RECEIVED TOO LATE TO BE AGENDIZED TO TONIGHT S AGENDA: APPOINTMENT OF JAN M. FLORY TO OCWD BOARD WHEREAS, pursuant to Government Code Section , the District posted the Agenda for its January 22, 2014 Board meeting at least 72 hours prior to the meeting, to wit, on January 17, 2014; and WHEREAS, after posting of such Agenda, the Board was apprised of the appointment of Jan M. Flory to the OCWD to represent the City of Fullerton; NOW, THEREFORE, the Board of Directors of the Orange County Water District does hereby determine the need to take immediate action to consider the within described matters during tonight s meeting. Ayes: Anthony, Barr, Dewane, Flory, Green, Yoh Vacancy: Division 10 Absent: Bilodeau, Sheldon, Sidhu SWEARING IN CEREMONY FOR NEW DIVISION 10 DIRECTOR JAN FLORY The District Secretary administered the oath of office to newly appointed Director Jan Flory and the following action was taken. MOTION NO DECLARING JAN M. FLORY DULY APPOINTED Upon motion duly made, seconded and carried [7-0], Jan M. Flory is declared a duly appointed member of the OCWD Board representing Division 10 (City of Fullerton) for the remainder of the four-year term expiring December 2, Ayes: Anthony, Barr, Dewane, Flory, Green, Sarmiento, Yoh Noes: None Absent: Bilodeau, Sheldon, Sidhu EMPLOYEE OF THE YEAR AWARD The Board awarded the 2013 Employee of the Year Award to Recharge Operations Supervisor Don Houlihan. CONSENT CALENDAR President Dewane requested that Item No. 4, 2014 Board Committee and Outside Agency Assignments, be removed from tonight s Agenda and considered at a later date to allow Director Flory time to review the various assignments. Director Flory then requested the removal of Item No. 6, Ocean Desalination Citizens Advisory Committee, from the Consent Calendar. The balance of the Consent Calendar was approved upon motion by Director Anthony, seconded by Director Barr and carried [7-0] as follows. Ayes: Anthony, Barr, Dewane, Flory, Green, Sarmiento, Yoh Noes: None Absent: Bilodeau, Sheldon, Sidhu 2

3 o Approval of Cash Disbursements 1/22/14 MOTION NO APPROVING CASH DISBURSEMENTS Payment of bills for the period December 26, 2013 through January 15, 2014 in the total amount of $6,933, is ratified and approved. o Resolution Commending County of Orange Director of Public Works/Chief Engineer Ignacio G. Ochoa RESOLUTION NO COMMENDING IGNACIO G. OCHOA, P.E. FOR HIS DEDICATED SERVICE AS DIRECTOR OF ENGINEERING OF THE COUNTY OF ORANGE UPON THE OCCASION OF HIS RETIREMENT WHEREAS, Ignacio (Nacho) G. Ochoa, P.E. has served the County of Orange for more than thirtythree years, first as Junior Civil Engineer and ultimately as the County s Chief Engineer, Director of Orange County Engineering Division in Public Works, and the Interim Public Works Director. Throughout his career, he has exhibited great leadership to help create important infrastructure projects which are vital to the County s economy and public safety; and WHEREAS, in his capacity as Director of Orange County Engineering, Ignacio managed a staff of more than five hundred employees and oversaw the design, construction, and maintenance of roads and regional flood facilities within the County and an annual budget exceeding $250 million. Projects included the implementation of the Santa Ana River Mainstem Project with co-sponsors Riverside and San Bernardino counties; the relocation of the $100 million Santa Ana Regional Interceptor (SARI) Line in partnership with the Orange County Sanitation District (OCSD); and the Santa Ana Watershed Project Authority. The SARI Line is a major pipeline that carries wastewater from the Orange-San Bernardino border to OCSD facilities in Fountain Valley; and WHEREAS, as Interim Director of Orange County Public Works, Ignacio launched a series of key initiatives to support department and County of Orange priorities, including a Succession Development Program; Mentoring Initiative; an employee-driven recasting of the department s mission, vision and values; and a Statement of Commitment from the leadership team to OC Public Works employees. Under his stewardship, the department secured approximately $93 million in competitive and matching grants, and other financial assistance for project design and construction during fiscal years and ; and WHEREAS, the County of Orange and the Orange County Water District have a long tradition of working together on water supply projects and programs that benefit the region. A few examples of this relationship include: Fletcher Basin - a County flood control retention basin that will be excavated and used to recharge water into the groundwater aquifer; The Groundwater Replenishment System - water created from this purification plant is being pumped along a pipeline located in County land along the Santa Ana River; Managing Santa Ana River flows to maximize their capture and recharge into the groundwater aquifer; and Miller basin - another County flood control retention basin that Orange County Water District uses to recharge water into the groundwater aquifer. 3

4 1/22/14 WHEREAS, Ignacio has been a strong supporter of the Orange County Water District and its efforts to develop new local water supply projects to help ensure that Orange County s residents and businesses have an adequate water supply. Ignacio s support has greatly assisted Orange County Water District in processing documents through the County; and WHEREAS, throughout his career, Ignacio has received recognition for his achievements from the professional engineering community, including the 2012 American Public Works Association (APWA) Lifetime Achievement Award; the 2008 Outstanding Engineer in Government Award from the Los Angeles Section of the American Society of Civil Engineers; the 2007 Engineer of the Year Award from the Orange County Branch of ASCE; the 2003 Mexican American Award; and the 2007 Distinguished Engineer of the Year Award from the Orange County Engineering Council; and WHEREAS, Ignacio was born into humble beginnings as one of ten children in Ocotlan, Jalisco, Mexico and immigrated to the United States as a young child. He earned a scholarship for his athletic abilities in soccer and received a Bachelor s Degree in Civil Engineering from California State University at Long Beach, and a Master of Science Degree in Civil Engineering. He is also a registered Professional Civil Engineer in the states of California and Texas, a registered Professional Traffic Engineer in California, and a Professional Traffic Operations Engineer. His professional associations include ASCE, the Institute of Transportation Engineers (ITE), APWA, the Orange County Traffic Engineers Council (OCTEC), the County Engineers Association of California (CEAC), and the City Engineers Association of Orange County; and WHEREAS, in addition to service to professional associations, Ignacio is dedicated to serving the community by volunteering for many charities, including, the Saint Simon and Jude Paris, La Capilla, a church that he helped build in Ensenada, Mexico; Corazon; Mater Dei High School Boosters; United Way; the Children s Hospital of Orange County; and the California State Alumni Association; and NOW, THEREFORE, be it resolved that the Board of Directors of the Orange County Water District does hereby officially commend and congratulate Ignacio G. Ochoa on his dedication and successful leadership at the Orange County Public Works. It is with great appreciation and admiration that the Board wishes him well in his retirement and much continued success in his future endeavors Board Committee and Outside Agency Assignments This item was removed from tonight s Agenda and deferred to a later date. CONSENT CALENDAR ITEMS RECOMMENDED FOR APPROVAL AT COMMUNICATIONS AND LEGISLATIVE LIAISION COMMITTEE MEETING HELD JANUARY 9 o State and Federal Legislative Advocacy Services MOTION NO AUTHORIZING STAFF TO NEGOTIATE STATE AND FEDERAL ADVOCACY SERVICES Staff is directed to negotiate renewal of state and federal advocacy services agreements with the District s existing consultants: Townsend Public Affairs, Etic Saperstein (ENS Resources) and James McConnell, and return to the Board for review and approval. 4

5 6. Ocean Desalination Citizens Advisory Committee 1/22/14 This item was removed from the Consent Calendar and considered later in tonight s meeting. CONSENT CALENDAR ITEMS RECOMMENDED FOR APPROVAL AT WATER ISSUES COMMITTEE MEETING HELD JANUARY 15 o Purchase Order to AB Sciex LLC for Liquid Chromatograph/Tandem Mass Spectrometer (LC/MS/MS) Instrument RESOLUTION NO AUTHORIZING PURCHASE ORDER TO AB SCIEX LLC FOR LIQUID CHROMATOGRAPH/ TANDEM MASS SPECTROMETER INSTRUMENT RESOLVED, that issuance of a Purchase Order is authorized to AB SCIEX LLC in an amount not to exceed $446,240 for a 6500 Q Trap system - Liquid Chromatograph/Tandem Mass Spectrometer (LC/MS/MS) instrument to replace an eight year old 4000 Q Trap. o Alamitos Barrier Improvement Project - Easement Deeds to Golden Rain Foundation for Proposed Monitoring Well OCWD-34V 3 and Piezometers OCWD-PZ7 and OCWD-PZ9 RESOLUTION NO APPROVING EASEMENT DEEDS TO GOLDEN RAIN FOUNDATION FOR ALAMITOS BARRIER IMPROVEMENT PROJECT FOR PROPOSED MONITORING WELL OCWD-34V 3 AND PIEZOMETERS OCWD-PZ7 AND OCWD-PZ9 WHEREAS, pursuant to Motion No adopted August 7, 2013, staff was authorized to negotiate terms for temporary construction easements and permanent easements from Golden Rain Foundation for Alamitos Barrier Improvement Project wells sites OCWD-34V 3 and OCWD-PZ7 and OCWD-PZ9; and WHEREAS, the Water Issues Committee of this Board has presented and recommended approval of of Easement Deeds with the Golden Rain Foundation for the proposed Alamitos Barrier Improvement Project monitoring well OCWD-34V 3 and shallow piezometers OCWD-PZ7 and OCWD-PZ9 (temporary construction easements and 50-year non-exclusive maintenance easements), which are planned to be installed inside Leisure World Seal Beach, for total compensation to OCWD of $1 1,897; NOW, THEREFORE, the Board of Directors of the Orange County Water District does hereby approve the aforementioned Easement Deeds with Golden Rain Foundation for monitoring well OCWD-34V 3 and shallow piezometers OCWD-PZ7 and OCWD-PZ9 and adjacent piezometers as described herein; and, upon approval as to form by District General Counsel, their execution and recordation by the District officers is authorized. 5

6 o 1/22/14 Service Agreement with Charles P. Crowley Company for Replacement of the GWRS and Green Acres Water Champ Chemical Induction Mixers RESOLUTION NO APPROVING AGREEMENT WITH CHARLES P. CROWLEY COMPANY FOR REPLACEMENT OF THE GWRS AND GREEN ACRES WATER CHAMP CHEMICAL INDUCTION MIXERS RESOLVED, that an Agreement is authorized to Charles P. Crowley Co., for an amount not to exceed $143,311 for the replacement of two Water Champ mixers in Fountain Valley, CA facility; and upon approval as to form by District General Counsel, its execution by the District officers is authorized. 10. Payment to Eastern Municipal Water District for OCWD Share of the Review of SAWPA s Proposition 84 Round 2 Grant Application Process MOTION NO AUTHORIZING PAYMENT TO EASTERN MUNICIPAL WATER DISTRICT FOR OCWD S SHARE OF THE REVIEW OF SAWPA S PROPOSITION 84 ROUND 2 GRANT APPLICATION PROCESS Payrnent of $9,768 is authorized to Eastern Municipal Water District for OCWD s share of the cost of the review of the Santa Ana Watershed Project Authority s Proposition 84 Round 2 grant application process. 11. Agreement to Emerson Reliability Services for Preventive Maintenance Program on Electrical Equipment at Fountain Valley Site Electrical Distribution RESOLUTION NO AUTHORIZING AGREEMENT TO EMERSON RELIABILITY SERVICES FOR PREVENTIVE MAINTENANCE PROGRAM ON MEDIUM VOLTAGE EQUIPMENT & 480 VOLT SWITCHGEAR FOR THE FOUNTAIN VALLEY SITE ELECTRICAL DISTRIBUTION RESOLVED, that an Agreement is authorized to Emerson Electrical Reliability Services for an amount not-to-exceed $77,645 to provide maintenance services on medium voltage equipment and 480 volt switchgear for Fountain Valley Site Electrical Distribution electrical equipment for a period of four years; and, upon approval as to form by District General Counsel, its execution by the District officers is authorized. 12. Agreement to Corrpro for Continuity Testing & Cathodic Protection Design of the Talbert Barrier West End RESOLUTION NO AUTHORIZING AGREEMENT TO CORRPRO FOR CONTINUITY TESTING & CATHODIC PROTECTION DESIGN OF THE TALBERT BARRIER WEST END RESOLVED, that an Agreement is authorized to Corrpro in the amount of $23,940 for Continuity Testing and Cathodic Protection Design of the Talbert Barrier West End Pipeline; and, upon approval as to form by District General Counsel, its execution by the District officers is authorized.

7 1/22/ Contract No. FV-20l 3-2, Replacement of Administration Building Windows Project: Notice of Completion (CC Construction & Development, Inc.) RESOLUTION NO ACCEPTING COMPLETION OF CONTRACT NO. FV , REPLACEMENT OF ADMINISTRATION BUILDING WINDOWS PROJECT (CC CONSTRUCTION & DEVELOPMENT, INC.) WHEREAS, the District staff has submitted its report that CC Construction and Development, Inc. has completed work under Contract No. FV , Replacement of Administration Building Windows Project, and has recommended that the District accept completion of said work and that a Notice of Completion be filed for recordation and the balance of payment be made, pursuant to the terms and conditions of such contract; NOW, THEREFORE, the Board of Directors of the Orange County Water District does hereby resolve as follows: Section 1: Work under such contract is accepted as complete and the District staff is authorized and directed to execute a Notice of Completion and record said Notice in the Office of the County Recorder. Section 2: Upon expiration of the interim lien period, providing no liens have been filed, payment of the balance due under such contract shall be made. 14. Approval of Alamitos Barrier Operations and Maintenance Budget MOTION NO APPROVING ALAMITOS BARRIER OPERATIONS AND MAINTENANCE BUDGET, AND APPOINTING CHRIS OLSEN TO ALAMITOS BARRIER JOINT MANAGEMENT COMMITTEE The following actions in connection with the Alamitos Barrier Project are approved: 1) Alamitos Barrier total Operations and Maintenance (O&M) budget in the amount of $2,002,200; 2) Payment of the District s share not to exceed $625,700 payable to the Los Angeles County Department of Public Works after receipt and review of invoices; 3) The increased payment to the Los Angeles County Department of Public Works for O&M expenses in an amount not to exceed $53,245; and 4) Appointment of Chris Olsen to fill the open position on Alamitos Barrier Joint Management Committee. 7

8 15. Payment for FY Coastal Pumping Transfer Program Underpumpers 1/22/14 MOTION NO AUTHORIZING PAYMENT FOR FY COASTAL PUMPING TRANSFER PROGRAM UNDERPUMPERS The following six-month payments are authorized as part of the Fiscal Year Coastal Pumping Transfer Program: $993,888 to the City of Huntington Beach $842,459 to Mesa Water District and $190,332 to the City of Westminster 16. East Newport Mesa Groundwater Investigation Project RESOLUTION NO APPROVING PROPOSED EAST NEWPORT MESA GROUNDWATER INVESTIGATION PROJECT, CERTIFYING THE FINAL INITIAL STUDY/MITIGATED NEGATIVE DECLARATION, AND APPROVING THE GEOLOGIST S REPORT AND ASSOCIATED ACTIONS WHEREAS, the Newport Mesa is located along the southernmost margin of the Orange County groundwater basin where the Principal aquifer is folded upward and occurs at relatively shallow depths due to faulting along the southern margin of the basin; and WHEREAS, in the vicinity of the Newport Mesa, the aquitard separating the Shallow and Principal aquifers appears to be thinner or nonexistent indicating a hydraulic connection exists between the Shallow and Principal aquifers; and WHEREAS, in the vicinity of the District s Santa Ana monitoring wells near Warner Avenue and State Route 55, groundwater containing industrial pollutants and elevated total dissolved solids in the Shallow aquifer generally flows south-southwesterly towards the Newport Mesa; and WHEREAS, groundwater in the Principal Aquifer under the Newport Mesa generally flows northwesterly towards the IRWD Dyer Road Well field and Mesa Water District wells; and WHEREAS, the area including and surrounding the East Newport Mesa represents a large data gap that restricts the District s ability to assess and monitor potential Principal Aquifer vulnerability to water quality degradation from Shallow Aquifer groundwater migration and/or sea water intrusion; and WHEREAS, the District staff has prepared a Geologist s Report on the proposed Newport Mesa Groundwater Investigation Project, and recommended the conversion of the out-of-service UCI- MRSH irrigation well to a monitoring well, and the installation of ten monitoring wells in the East Newport Mesa area to help identify poor quality groundwater and its potential to impact the Shallow and Principal Aquifers; and

9 I /22/14 WHEREAS, the staff of the District has undertaken an Initial Study/Mitigated Negative Declaration (IS/MND) in accordance with Guidelines established under Article VI of the California Environmental Quality Act (CEQA) Cal. Admin. Code Section 15000, et. seg., on the potential environmental impacts associated with the conversion of one irrigation well to a monitoring well, and installation of ten new monitoring wells; and WHEREAS, such IS/MND has determined that with the incorporation of mitigation measures, potentially significant impacts to the environment would be reduced to a level that would be less than significant; and NOW, THEREFORE, the Board of Directors of the Orange County Water District does hereby resolve as follows: Section 1: The Board of Directors does hereby find that: i) The IS/MND identifies potentially significant effects to the environment as a result of the proposed project, but (A) revisions to the project plans or mitigation measures have been incorporated into the project which would avoid or reduce potential impacts to the environment to a less than significant level, and (B) there is no substantial evidence, in light of the whole record before the lead agency, that the project, as revised, may have a significant negative effect on the environment; ii) The IS/MND reflects the independent judgrnent and analysis of the Board of Directors of the District, as the lead agency for the project; and iii) Prior to approving the project, the Board of Directors of the District has considered the IS/MND together with any comments received during the public review process, and any responses to such comments; Section 2: The Final Initial Study/Mitigated Negative Declaration and associated Mitigated Monitoring and Reporting Program for the East Newport Mesa Groundwater Investigation Project are hereby adopted. Section 3: The Geologist s Report for the East Newport Mesa Groundwater Investigation Project, in the form presented to the Board of Directors, is approved; such Project is feasible, necessary, and of general benefit to the lands of the District; and a project budget of $573,000 is hereby established. Section 4: Issuance of a Request for Proposals for field inspection services during well conversion and construction work is authorized. Section 5: Issuance of a Notice Inviting Bids for well conversion and construction work is authorized. Section 6: Filing of a Notice of Determination with respect to approval of the Project is authorized. 9

10 1/22/14 CONSENT CALENDAR ITEMS RECOMMENDED FOR APPROV AL AT ADMINISTRATION FINANCE ISSUES COMMITTEE MEETING HELD JANUARY Monthly Cash Control Report MOTION NO RECEIVING AND FILING SUMMARY CASH AND CASH EQUIVALENTS CONTROL REPORT The Summary Cash and Cash Equivalents Control Report dated December 31, 2013 is hereby received and filed. 18. Monthly Cash Disbursements Detail Report MOTION NO RECEIVING AND FILING CASH DISBURSEMENTS DETAIL REPORT The Cash Disbursements Detail Report for the period November 28 through December 25, 2013 is hereby received and filed 19. License and Support Agreement to Oracle JD Edwards for System Updates RESOLUTION NO APPROVING ORACLE JD EDWARDS SOFTWARE UPDATE LICENSE AND SUPPORT AGREEMENT RESOLVED, that the Oracle JD Edwards Software Update License and Support Agreement in the amount of $70,223 for system updates commencing March 1, 2014 through February 28, 2015 is authorized; and, upon approval as to form by District General Counsel, its execution by the District officers is authorized. 19. Investment Portfolio Holdings Report MOTION NO RECEIVING AND FILING INVESTMENT PORTFOLIO HOLDINGS REPORT The Investment Portfolio Holdings Report dated December 31, 2013 is hereby received and filed. ITEM REMOVED FROM CONSENT CALENDAR FOR CONSIDERATION 5. Ocean Desalination Citizens Advisory Committee Director Flory requested information on the staff recommendation to defer efforts to establish the Ocean Desalination Citizen s Advisory Committee. General Manager Markus explained that California Coastal Commission postponed Poseidon s permit and the project has been delayed six months to a year. He stated that the District s Public Affairs Department is currently short-staffed and recommended deferral of establishment of the Citizen s Advisory Committee. Director Anthony moved the staff recommendation, and Director Barr seconded it. The motion failed due to lack of support, and the following action was taken. 10

11 1/22/14 MOTION NO DEFERRING CONSIDERATION OF ESTABLISHING OCEAN DESALINATION CITIZENS ADVISORY COMMITTEE Upon motion by Director Anthony, seconded by Director Barr and carried [7-0], consideration of establishing an Ocean Desalination Citizens Advisory Committee is hereby deferred to the next Board meeting. Ayes: Anthony Barr, Dewane, Flory, Green, Yoh, Sarmiento Noes: None Absent: Bilodeau, Sheldon, Sidhu 21. INFORMATIONAL ITEMS Director Anthony provided a brief update on SAWPA activities. GWRS Program Manager Mehul Patel updated the Board on the GWRS Initial Expansion construction. 22. VERBAL REPORTS Reports on Conferences/Meetings Attended at District Expense (at which a quorum of the Board was present) The Board reported on attendance at the following Committee meetings and noted the Minutes/Action Agendas were included in tonight s Board packet. January 09 January 13 January 15 January 16 - Communication/Legislative Water Issues Committee - GWRS Steering Committee meeting - Water Issues Committee - Administration and Finance Issues Committee ADJOURNMENT TO CLOSED SESSION The Board adjourned to Closed Session at 6:40 p.m. as follows: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION [Paragraph (1) of subdivision (d) of Section ]: Two (2) Cases 1) OCWD v. Unocal Corporation, et al (MTBE Litigation) Superior Court Case No. 03CC ) OCWD v. Sabic Innovative plastics, LLC, et al (South Basin Litigation) Superior Court Case No. 03CC RECONVENE IN OPEN SESSION The Board reconvened in Open Session at 7:36 p.m. whereupon General Counsel Kuperberg announced that no reportable action took place in Closed Session. 11

12 ADJOURNMENT 1122/14 There being no further business to come before the Board, the meeting was adjourned at 7:36 p.m. O/~/Iani~e Durant, District Secretary Shawn Dewane, 12