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Home My WebLink About12-16-2009 MinutesOrange County Sanitation District MINUTES BOARD MEETING December 16, 2009 ADMINISTRATIVE OFFICES 10844 ELLIS AVENUE FOUNTAIN VALLEY, CALIFORNIA 92708-7018 Minutes of Board Meeting 12/16/09 Page 2 ROLL CALL A regular meeting of the Board of Directors of the Orange County Sanitation District was held on December 16, 2009 at 6:30 p.m., in the Administrative Offices. Following the Pledge of Allegiance and invocation, the roll was called and the Clerk of the Board reported a quorum present as follows: ACTIVE DIRECTORS ALTERNATE DIRECTORS X Doug Davert, Chair John Nielson X Larry Crandall, Vice Chair Steve Nagel X John Anderson Jim Winder X Charles Antos Gordon Shanks X Tom Beamish Rose Espinoza X Keith Bohr Don Hansen A Bill Dalton Andrew Do X Jon Dumitru Denis Bilodeau X Troy Edgar Ken Stephens X James M. Ferryman Bob Ooten X Phil Luebben Prakash Narain X Patsy Marshall Fred Smith X Roy Moore Ron Garcia X Joy Neugebauer AI Krippner Chris Norby X Janet Nguyen X Sharon Quirk-Silva Pam Keller X Brad Reese Bill Mac Aloney X David Shawver Carol Warren X Christina Shea Steven Choi X Harry Sidhu Lucille Kring X Sal Tinajero David Benavides X Constance Underhill Joseph Aguirre X Mark Waldman Henry Charoen X Don Webb Leslie Daigle X John Withers Douglas Reinhart STAFF MEMBERS PRESENT: Jim Ruth, General Manager; Bob Ghirelli, Assistant General Manager; Penny Kyle, Clerk of the Board; Lilia Kovac, Associate Clerk of the Board; Nick Arhontes; Jim Herberg; Ed Torres; Lorenzo Tyner; Gary Conklin; Chloe Dao; Natasha Dubrovski; Chuck Forman; Norbert Gaia; Michael Gold; Victoria Pilko; Jeff Reed; George Rivera; Juanita Skillman; Ryal Wheeler; Mike Zedek; Paula Zeller OTHERS PRESENT: James Eggart, General Counsel; Alternate Director Bob Ooten; Alternate Director Ken Stephens; Drew Kolosky; Paul Jones; James Clarke; Matthew Harper Minutes of Board Meeting 12/16/09 Page 3 PUBLIC COMMENTS There were none. REPORT OF THE CHAIR Board Chair Doug Davert announced that the meeting would be adjourned in memory of Wes Bannister. He recognized Ed Torres, Director of Technical Services, who presented 20-year service awards to Chloe Dao and Mike Zedek. REPORT OF THE GENERAL MANAGER Director of Engineering, Jim Herberg, provided a brief overview of the North County Collections Yard and its conceptual design. General Manager, Jim Ruth, provided an update of the revised Sanitation District's Strategic Plan for the Board of Directors' approval. RATIFICATION OF PAYMENT OF CLAIMS 1. MOVED, SECONDED AND DULY CARRIED: Ratify payment of claims, as set forth on Exhibits "A" and "B", attached hereto and made a part of these minutes. ALL DISTRICTS 11/15/09 11/30/09 Totals $20,441,1 01 .65 $24,045,614.88 Directors Dumitru, Nguyen and Sidhu abstained from discussion and voting on all warrants. Abstentions were pursuant to California Government Code Section 84308. CONSENT CALENDAR 2. MOVED, SECONDED AND DULY CARRIED: Approve the minutes for the regular meeting held on November 18, 2009. Director Nguyen abstained. 3. MOVED, SECONDED AND DULY CARRIED: Adopt Resolution No. OCSD 09-17, Adopting a Conflict of Interest Code Which Supersedes All Prior Conflict of Interest Codes and Amendments Previously Adopted. 4. MOVED, SECONDED AND DULY CARRIED: a) Approve Plans and Specifications for the Plant 2 Temporary Air Treatment System For Truck Loading Station, Project No. FE08-17, on file at the office of the Clerk of the Board; Minutes of Board Meeting 12/16/09 Page 4 b) Approve Addenda Nos. 1 and 2 to the plans and specifications; c) Receive and file bid tabulation and recommendation; d) Award a contract to Engineering/Remediation Resources Group, Inc., for Plant 2 Temporary Air Treatment System For Truck Loading Station, Project No. FE08-17, for an amount not to exceed $127,260; and, e) Approve a contingency of $25,452 (20%). 5. MOVED, SECONDED AND DULY CARRIED: Authorize the General Manager to negotiate and enter into a settlement agreement with Precision Anodizing & Plating, Inc., for imposition of a maximum of $72,000 in administrative penalties and a compliance schedule to make improvements to ensure long-term compliance, in a form approved by General Counsel. STEERING COMMITTEE 6. MOVED, SECONDED AND DULY CARRIED: Order Steering Committee Minutes for the regular meeting held on November 18, 2009 to be filed. Director Nguyen abstained. 7. a) Approve the Five-Year Strategic Plan dated December 2009; and, b) Direct staff to implement goals and strategies contained in the Plan. OPERATIONS COMMITTEE 8. MOVED, SECONDED AND DULY CARRIED: Order Operations Committee minutes for the meeting held on December 2, 2009 to be filed. Director Nguyen abstained. 9. MOVED, SECONDED AND DULY CARRIED: Approve a budget increase of $100,000 for a total project budget of $600,000 for Fuel Cell Hydrogen Gas Generation Research, Project No. SP-134. 10. MOVED, SECONDED AND DULY CARRIED: a) Approve a Professional Design Services Agreement with Black and Veatch for Outfall Land Section and OOBS Piping Rehabilitation, Project No. J-112, providing for engineering design services for an amount not to exceed $1,271 ,814; and, b) Approve a contingency of $127,181 (1 0%). 11. Item pulled for discussion. Minutes of Board Meeting 12/16/09 Page 5 12. Item pulled for discussion. 13. MOVED, SECONDED AND DULY CARRIED: a) Adopt Resolution No. OCSD 09- 18, adopting the 2009 Facilities Master Plan as the Orange County Sanitation District's New Treatment Operational Plan for Future Capital Planning; and, b) Direct staff to perform a rate study on the sewer connection fees. 14. Item pulled for discussion. OPERATIONS COMMITTEE ITEMS PULLED FOR DISCUSSION 11. MOVED, SECONDED AND DULY CARRIED: a) Approve a Professional Consultant Services Agreement with RBF Consulting to provide construction support services for Temporary Upgrades to Plant Security Barriers, Project No. J-1 08, for an amount not to exceed 105,301; and, b) Approve a contingency of $10,530 (10%). 12. Jim Herberg, Director of Engineering, reported that a letter of protest by a competitor was received for this project and upon investigation of allegations, the protest was considered unfounded. He requested the motion be amended to include receiving and filing the letter and rejecting the protest. It was then: MOVED, SECONDED AND DULY CARRIED: a) Approve a budget increase of $109,000 for the Temporary Upgrades to Plant Security Barriers, Job No. J-1 08, for a total budget amount of $2,082,000; b) Approve Plans and Specifications for Temporary Upgrades to Plant Security Barriers, Project No. J-1 08, on file at the office of the Clerk of the Board; c) Approve Addendum Nos. 1 and 2 to the plans and specifications; d) Receive and file bid tabulation and recommendation; e) Receive and file letter dated December 4, 2009, from A VI-Con, Inc. dba CA Construction protesting the award to LH Engineering Company, Inc. and rejecting said protest; f) Award a construction contract to LH Engineering Company, Inc. for the Temporary Upgrades to Plant Security Barriers, Job No. J-1 08, for a total amount not to exceed $962,75 1; and, g) Approve a contingency of $144,413 (15%). Minutes of Board Meeting 12/16/09 Page 6 14. Various questions were answered by staff with reference to the coatings program and its need for sole source. It was then, MOVED, SECONDED AND DULY CARRIED: a) Award a Sole Source contract to Michael J. Lettich Consulting for the painting and coatings program for the process areas at Plant No. 1 and No. 2 and remote pump stations for the period January 1, 2010 through June 30, 2010 for an amount not to exceed $625,000; and, b) Approve four one-year renewal options beginning July 1, 2010 through June 30, 2011, for a total annual amount not to exceed $725,000 per year. Directors Marshall, Quirk-Silva, and Sidhu opposed. ADMINISTRATION COMMITTEE 15. MOVED, SECONDED AND DULY CARRIED: Order Administration Committee minutes for the special meeting held on December 9, 2009 to be filed. Director Nguyen abstained. GWR SYSTEM STEE RING COMMITTEE 11. MOVED, SECONDED AND DULY CARRIED: Approve Joint Groundwater Replenishment System Steering Committee minutes for the meeting held on November 9, 2009, to be filed. Director Nguyen abstained. NON-CONSENT CALENDAR There were no items. CLOSED SESSION There was no closed session. ADJOURNMENT: The Chair declared the meeting adjourned at 7:30 p.m. in memory of Wes Bannister. Penny M. le Clerk of the Boar Orange County Sanitation District