Orange County Sanitation District MINUTES BOARD MEETING September 23, 2015 Administration Building 10844 Ellis Avenue Fountain Valley, California 92708-7018 09/23/2015 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 held on September 23, 2015, at 6:03 p.m., in the Administration Building. Director Beamish 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 John Nielsen, Chair Allan Bernstein x Gregory Sebourn Doug Chaffee x Lisa Bartlett Michelle Steel Tom Beamish Rose Espinoza x Steven Choi Lynn Schott Keith Curry Scott Peotter x Ellery Deaton Sandra Massa-Lavitt A Tyler Diep Joy Neugebauer A James M. Ferryman Bob Ooten x Steven Jones Kris Beard Jim Katapodis Erik Peterson Robert Kiley Michael Beverage x Peter Kim Michele Steggell Lucille Kring x Jordan Brandman x Greg Mills Robert Collacott x Richard Murphy Shelley Hasselbrink Steve Nagel Michael Vo Glenn Parker Cecilia Hupp x David Shawver Carol Warren x Fred Smith Steve Berry Teresa Smith Mark Murphy x Sal Tinajero David Benavides Chad Wanke x Constance Underhill John Withers Douglas Reinhart x Mariellen Yarc Stacy Berry STAFF MEMBERS PRESENT: Jim Herberg, General Manager; Bob Ghirelli, Assistant General Manager; Rob Thompson, Director of Engineering, Lorenzo Tyner, Director of Finance & Administrative Services; Ed Torres, Director of Operations & Maintenance; Nick Arhontes, Director of Facility Support Services; Kelly Lore, Clerk of the Board; Jennifer Cabral; Rhea De Guzman; Mark Esquer; Norbert Gaia; Al Garcia; Tim Luu; Laura Maravilla; Jeff Mohr; Sarah Redinger; Richard Spencer; Christine Stanford and Paula Zeller. 09/23/2015 Minutes of Board Meeting Page 2of11
OTHERS PRESENT: Brad Hogin (General Counsel); and Roger A. Cerda, Esq., Alston & Bird LLP. PUBLIC COMMENTS:. SPECIAL PRESENTATIONS. REPORTS: Chair Nielsen provided a report on Legislative Affairs including: H.R. 3353 - Clean Water Act Citizen Suit Reform and the California Emergency Drought Relief Assistance bill (S. 1894 ); and drafting letters of support for both of these bills for action by the Committee in October. He stated that Townsend Public Affairs team attended the Committee this month and provided a State political update as well as a briefing on SB 350. He stated that at his request, staff is working with CASA to attend an upcoming LaPA Committee to present their legislative platform; and also working with ACC-OC to coordinate an event that will be hosted here at OCSD in the future, to tour both OCSD and GWRS with a presentation by SAWPA and OCSD. Chair Nielsen further reported on recent Communicator Awards received; educational outreach efforts which allowed OCSD to reach approximately 1,300 people through tours and events in the month of July and August; and the expansion of OCSD's tour program both in number of visitors (13%) as well as the number of tours offered. He also reminded the Board of the upcoming State of the District event to be held on October 16, 2015. General Manager Jim Herberg informed the directors of the District's preparations for the anticipated wet weather associated with El Nino, including training exercises, drills and coordinating with local, regional and federal agencies on preparedness efforts. He attended a meeting today at the Orange County EOG with QC Flood Control to work together to protect our flood channels and the plant. Mr. Herberg announced an upcoming Special Board Meeting to be held on October 21, 2015 at 6:00 p.m. to discuss the Strategic Plan Update and the OCSD District tour for State Senator Janet Nguyen on October 28th. He also stated that on Sept. 15th the GWRS hit 100 mgd. 09/23/2015 Minutes of Board Meeting Page 3of11
CONSENT CALENDAR: 1. APPROVAL OF MINUTES (Clerk of the Board) MOVED. SECONDED. AND DULY CARRIED TO: Approve minutes of the Regular Board of Directors Meeting held on August 26, 2015. Mills; R. Murphy; Nielsen; Parker; Sebourn; Shawver; F. Smith; Tinajero; Withers and Yarc Underhill (Alternate) Brandman (Alternate); Diep; Ferryman; Jones; Nagel; and T. Smith 2. REPAIR TO MANHOLE STRUCTURES OF WARNER AVENUE RELIEF SEWER, PROJECT NO. FR12-003 (Nick Arhontes) MOVED. SECONDED. AND DULY CARRIED TO: Ratify Change Order No. 2 to the Repair to Manhole Structures of Warner Avenue Relief Sewer, Project No. FR12-003, with Mode Engineering, authorizing an additional $416,068, increasing the total contract amount to $791,473. Mills; R. Murphy; Nielsen; Parker; Sebourn; Shawver; Brandman (Alternate); Diep; Ferryman; Jones; Nagel; and T. Smith Director Nagel arrived at 6:16 p.m. OPERATIONS COMMITTEE: 3. APPROVAL OF MINUTES (Clerk of the Board) MOVED, SECONDED. AND DULY CARRIED TO: Approve minutes of the September 2, 2015 meeting of the Operations Committee Meeting. 09/23/2015 Minutes of Board Meeting Page 4of11
4. PURCHASE OF A LIQUID CHROMATOGRAPHY - MASS SPECTROMETRY SYSTEM (Ed Torres) MOVED, SECONDED. AND DULY CARRIED TO: Award a purchase order to Agilent Technologies, Inc., for a Liquid Chromatography/Mass Spectrometry Instrument with an On-Line Solid Phase Extraction, Specification No. E-2015-645BD-R2, for a total amount not to exceed $465,330. 5. SOLIDS THICKENING AND PROCESSING AT PLANT NO. 2, PROJECT NO. P2-89 (Rob Thompson) MOVED, SECONDED, AND DULY CARRIED TO: Approve a contingency increase of $526,868 (2%) to the construction contract with W.M. Lyles Company (WML) for Solids Thickening and Processing at Plant No. 2, Project No. P2-89, for a total contingency of $2,634,340 (10%). ADMINISTRATION COMMITTEE: 6. APPROVAL OF MINUTES (Clerk of the Board) MOVED. SECONDED. AND DULY CARRIED TO: Approve minutes of the September 9, 2015 meeting of the Administration Committee Meeting. 09/23/2015 Minutes of Board Meeting Page 5of11
7. REIMBURSEMENTS TO BOARD MEMBERS AND STAFF (Lorenzo Tyner) MOVED, SECONDED. AND DULY CARRIED TO: Receive and file report of reimbursements to Board Members and Staff per Government Code 53065.5 for the period July 1, 2014 through June 30, 2015. 8. GENERAL MANAGER APPROVED PURCHASES (Lorenzo Tyner) MOVED, SECONDED, AND DULY CARRIED TO: Receive and file District purchases made under the General Manager's authority for the period of April 1, 2015 - June 30, 2015. 9. UPDATE TO OCSD PERSONNEL POLICIES AND PROCEDURES MANUAL (Bob Ghirelli) MOVED, SECONDED, AND DULY CARRIED TO: Adopt Resolution No. OCSD 15-18 entitled, "A Resolution of the Board of Directors of Orange County Sanitation District approving a Board of Directors Personnel Policies and Procedures Manual providing for classification, compensation, and other terms, conditions, policies, and procedures governing employment of District employees; and repealing Resolution No. OCSD 98-33 and all associated amendments." STEERING COMMITTEE: 10. APPROVAL OF MINUTES (Clerk of the Board) MOVED, SECONDED, AND DULY CARRIED TO: Approve minutes of the August 26, 2015 meeting of the Steering Committee. 09/23/2015 Minutes of Board Meeting Page 6of11
11. GENERAL MANAGER'S FY 2015-2016 WORK PLAN (Jim Herberg) MOVED. SECONDED. AND DULY CARRIED TO: Receive and file the General Manager's FY 2015-16 Work Plan. 12. SALES TAXES FOR CHEMICAL PURCHASES (Brad Hogin) MOVED. SECONDED. AND DULY CARRIED TO: Approve Sole Source Agreements for Tax Consulting and Advocacy Services with Equity Recovery Solutions and Reed Smith regarding pursuit of refunds for sales tax paid on chemical purchases. Bartlett; Beamish; Choi; Curry; Deaton; Katapodis; Kiley; Mills; R. Murphy; Nagel; Nielsen; Parker; Sebourn; Shawver; Kim 13. CLASSIFICATION & COMPENSATION STUDIES-COMPARISON AGENCIES (Bob Ghirelli) MOVED. SECONDED. AND DULY CARRIED TO: Approve the list of 17 comparison agencies selected by OCSD in collaboration with stakeholder groups, and begin the next phase of the Classification & Compensation Studies, which includes a labor market survey. 09/23/2015 Minutes of Board Meeting Page 7of11
LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE: 14. APPROVAL OF MINUTES (Clerk of the Board) MOVED. SECONDED. AND DULY CARRIED TO: Approve minutes of the September 14, 2015 meeting of the Legislative and Public Affairs Committee. Director T. Smith arrived at 6:20 p.m. NON-CONSENT CALENDAR: Assistant General Manager Bob Ghirelli provided a brief report regarding Item 15. 15. LOCAL 501 MOU REOPENERS FOR ARTICLE 19-STANDBY PAY, ARTICLE 26 - SHIFT DIFFERENTIAL, & ARTICLE 49.2 - RELIEF OPERATOR (Bob Ghirelli) MOVED, SECONDED. AND DULY CARRIED TO: Adopt Resolution No. OCSD 15-19, entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District Approving Standby Pay Changes Identified through the International Union of Operating Engineers Local 501 (Local 501) 2015 Reopener Negotiations." A roll call vote was taken by the Clerk of the Board as follows: Bartlett; Beamish; Choi; Curry; Deaton; Kiley; R. Murphy; Nagel; Nielsen; Parker; Sebourn; Shawver; F. Smith; T. Smith; Tinajero; Underhill (Alternate) Withers and Yarc Katapodis; Kim and Mills Brandman (Alternate); Diep; Ferryman and Jones Director Jones arrived at 6:25 p.m. General Manager Jim Herberg, introduced item 16 and provided a brief presentation and answered questions from the board regarding: accomplishments of agencies; compensation & class comparisons; timing of approval; specialized positions; performance based increases; market value v. relative value; control points; importance of value in position and critical departments.; prioritization and categorization of the range; employee pension contributions; retroactive pay to mirror bargaining units; and managers lost to other agencies. 09/23/2015 Minutes of Board Meeting Page 8of11
16. EXECUTIVE MANAGEMENT TEAM COMPENSATION AND BENEFITS AND MANAGER GROUP COMPENSATION (Jim Herberg) MOVED. SECONDED, AND DULY CARRIED TO: A. Adopt Resolution No. OCSD 15-20 entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District approving salary increases, salary range adjustments, performance-based increases, the distribution of any remaining funds based on changes to scope, duties or responsibilities and changes to benefits for At-Will Executive Management Team employees for Fiscal Year 2015-2016," authorizing the General Manager to implement a base building salary increase and corresponding salary range adjustment of 2% retroactive to July 10, 2015; a performancebased base building increase at the discretion of the General Manager; the distribution of any remaining funds, as a non-base building payment, to specific Executive Management Team incumbents based on changes to scope, duties or responsibilities; and a one-time irrevocable election for the Executive Management T earn to transition from Executive Benefits to Organizational Benefits, for a total NTE amount of $78,688. A roll call vote was taken by the Clerk of the Board as follows: Bartlett; Beamish; Choi; Curry; Deaton; Jones; Katapodis; Kiley; Mills; R. Murphy; Nagel; Nielsen; Parker; Sebourn; Shawver; F. Smith; T. Smith; Tinajero; Underhill (Alternate) Withers and Yarc Kim Brandman (Alternate); Diep and Ferryman MOVED. SECONDED. AND DULY CARRIED TO: B. Adopt Resolution No. OCSD 15-21 entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District approving changes to the salary schedule, salary increases, performance-based increases, and the distribution of any remaining funds based on changes to scope, duties or responsibilities for unrepresented management employees for Fiscal Year 2015-2016," authorizing the General Manager to implement changes to the Manager Group salary schedule that eliminates the control point and reduces the range maximum; a base building salary increase of 2% retroactive to July 10, 2015; a performance-based base building increase at the discretion of the General Manager and Department Head; and the distribution of any remaining funds, as a non-base building payment, to specific Manager Group incumbents based on changes to scope, duties or responsibilities, for a total NTE amount of $114,000. 09/23/2015 Minutes of Board Meeting Page 9 of 11
A roll call vote was taken by the Clerk of the Board as follows: Bartlett; Beamish; Choi; Curry; Deaton; Jones; Katapodis; Kiley; Mills; R. Murphy; Nagel; Nielsen; Parker; Sebourn; Shawver; F. Smith; T. Smith; Tinajero; Underhill (Alternate) Withers and Yarc Kim Brandman (Alternate); Diep and Ferryman AB 1234 REPORTS:. INFORMATION ITEMS:. CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS: 54956.9(d)(1) and 54957.6 The Board convened in closed session at 6:38 p.m. to discuss two items. 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 Meetings. Alternate Director Brandman arrived during Closed Session at 6:55 p.m. RECONVENED IN REGULAR SESSION: The Board reconvened in regular session at 7:24 p.m. CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED SESSION:. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IFANY: Chair Nielsen, stated that it was the consensus of the Board that General Manager Jim Herberg is doing an excellent job; noting his dedication, always doing what is right, saving money for the taxpayers, providing a safe environment, and looking forward to cutting edge technology. 09/23/2015 Minutes of Board Meeting Page 10of11
ADJOURNMENT: At 7:25 p.m. Chair Nielsen adjourned the meeting until the Special Board Meeting on October 21, 2015 at 6:00 p.m. 09/23/2015 Minutes of Board Meeting Page 11 of 11