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HomeMy WebLinkAbout11-16-2011 Board Minutes Orange County Sanitation District MINUTES BOARD MEETING November 16, 2011 yjjjjjjjjdll N� TH E EN�� Administration Building 10844 Ellis Avenue Fountain Valley, California 92708-7018 11/16/11 Minutes of Board Meeting Page 1 of 7 ROLL CALL A regular meeting of the Board of Directors of the Orange County Sanitation District was held on November 16, 2011, at 6:30 p.m., in the Administration Building. Following the invocation and Pledge of Allegiance, a quorum was declared present by the Clerk of the Board as follows: ACTIVE DIRECTORS ALTERNATE DIRECTORS X Larry Crandall, Chair Steve Nagel X Troy Edgar, Vice Chair Ken Stephens X John Anderson Jim Winder X Tom Beamish Rose Espinoza X Joe Carchio Matthew Harper X Bill Dalton Andrew Do X Jon Dumitru Denis Bilodeau X James M. Ferryman Bob Ooten X Michael Levitt Gordon Shanks X Jeffrey Lalloway Steven Choi X Roy Moore Ron Garcia X Prakash Narain Doug Bailey X Joy Neugebauer Al Krippner X Janet Nguyen Shawn Nelson X John Nielsen Jerry Amante X Sharon Quirk-Silva Pat McKinley X Brad Reese Robert Fauteux X Steven Rosansky Nancy Gardner X David Shawver Carol Warren A Harry Sidhu Gail Eastman X Fred Smith Steve Berry X Sal Tinajero David Benavides X Constance Underhill Joseph Aguirre X Mark Waldman Steven Hwangbo X John Withers Douglas Reinhart STAFF MEMBERS PRESENT: Jim Ruth, General Manager; Bob Ghirelli, Assistant General Manager; Jim Herberg, Assistant General Manager; Nick Arhontes, Director of Facilities Support Services; Ed Torres, Director of Operations and Maintenance; Lorenzo Tyner, Director of Finance & Administrative Services; Jeff Reed, Director of Human Resources; Maria Ayala, Clerk of the Board; Lilia Kovac, Associate Clerk of the Board; Cindie Ambrose; Shelly Durieux; Dean Fisher; Norbert Gaia; Michael Gold; Laura Maravilla; Sonja Morgan; Alex Shaaban; Rob Thompson; and Paula Zeller. OTHERS PRESENT: Brad Hogin, General Counsel; Bob Ooten; and Denis Bilodeau. 11/16/11 Minutes of Board Meeting Page 2 of 7 PUBLIC COMMENTS: None. REPORTS: Chair Crandall did not provide a report. General Manager, Jim Ruth, reported that the Sanitation District has received an offer for the Doig Street property. He will return with further information for the Board at a later time. The escrow process is underway for the sale of the Kern County property. Mr. Ruth encouraged the Board to review the Capital Improvement Program report that was recently distributed. CLAIMS: 1. MOVED, SECONDED, AND DULY CARRIED: Ratify payment of claims of the District, by roll call vote, as follows: Claims Paid for the Period Ending: 10/15/11 10/31/11 Totals $7,809,417.06 $10,316,912.48 Directors Dalton, Nguyen, and Nielsen abstained from discussion and voting on all warrants pursuant to California Government Code Section 84308. CONSENT CALENDAR: 2. MOVED, SECONDED, AND DULY CARRIED: Approve Minutes of the Special Board Meeting held on October 19, 2011, and the Regular Board Meeting held on October 26, 2011. 3. MOVED SECONDED, AND DULY CARRIED: Authorize the General Manager to execute a Confidentiality and Non-Disclosure Agreement with Golden State Water Company. STEERING COMMITTEE: 4. MOVED, SECONDED, AND DULY CARRIED: Approve minutes of the October 26, 2011, Steering Committee meeting. 11/16/11 Minutes of Board Meeting Page 3 of 7 Bob Ghirelli, Assistant General Manager, reported on the updates that were made to the new plan. 5. A. MOVED, SECONDED, AND DULY CARRIED: Approve the Five-Year Strategic Plan dated November 2011; and, B. Direct staff to implement the goals and levels of service contained in the Plan. OPERATIONS COMMITTEE: 6. MOVED, SECONDED, AND DULY CARRIED: Approve minutes of the November 2, 2011, Operations Committee Meeting. 7. A. MOVED, SECONDED, AND DULY CARRIED: Approve Plans and Specifications for CenGen Cooling Water System Replacement, Project No. J-109, on file at the office of the Clerk of the Board; B. Approve Addendum Nos. 1, 2, 3, and 4 to the plans and specifications; C. Receive and file bid tabulation and recommendation; D. Award a construction contract to Stanek Constructors, Inc. for CenGen Cooling Water System Replacement, Project No. J-109, for a total amount not to exceed $5,658,000; and, E. Approve a contingency of $452,640 (8%). 8. A. MOVED, SECONDED, AND DULY CARRIED: Approve a Professional Consultant Services Agreement with Malcolm Pirnie, The Water Division of ARCADIS, Inc. (Malcolm Pirnie) to provide construction support services for CenGen Cooling Water System Replacement, Project No. J- 109, for an amount not to exceed $660,168; and, B. Approve a contingency of $99,025 (15%). 9. A. MOVED, SECONDED, AND DULY CARRIED: Approve a budget increase of $263,000 for Fall Protection Improvements at Plant Nos. 1 and 2, Project No. J-123, for a total budget of $3,662,000; and, B. Approve plans and specifications; and, C. Authorize staff to advertise Invitations for Bid and solicit bids. 11/16/11 Minutes of Board Meeting Page 4 of 7 10. A. MOVED, SECONDED, AND DULY CARRIED: Approve a Professional Design Services Agreement with Carollo Engineers for engineering design services for Plant Water System Rehabilitation at Plant No. 2, Project P2-101, for an amount not to exceed $471,975; and, B. Approve a contingency of $70,796 (15%). 11. MOVED, SECONDED, AND DULY CARRIED: Authorize the General Manager to negotiate a Professional Consultant Services Agreement with HDR Inc. for engineering support services during construction of Project No. P1-101, Sludge Dewatering and Odor Control at Plant No. 1. 12. MOVED, SECONDED, AND DULY CARRIED: Authorize the General Manager to negotiate a Professional Consultant Services Agreement with MWH Americas, Inc. for engineering support services during construction of Solids Thickening and Processing Upgrades, Job No. P2-89. 13. A. MOVED, SECONDED, AND DULY CARRIED: Approve a Professional Design Services Agreement with Dudek for Southwest Costa Mesa Trunk, Project No. 6-19, providing for engineering design services for an amount not to exceed $884,025; and, B. Approve a contingency of $132,604 (15%). 14. A. MOVED, SECONDED, AND DULY CARRIED: Approve a Professional Design Services Agreement with HH Fremer Architects, Inc. to provide architectural and engineering design services for Operations Center Entrance and Building Repairs, Project No. J-122, for an amount not to exceed $187,800; and, B. Approve a contingency of $28,170 (15%). Note: Director Quirk-Silva departed the meeting at 6:40 p.m. NON-CONSENT ITEMS: Brad Hogin, General Counsel, reported on how he followed the incorrect procedure for a closed session item at the September Board Meeting. The following item is a result of the erroneous action taken at the prior Board Meeting. 15. A. MOVED, SECONDED, AND DULY CARRIED: Determine that corrective action is necessary relating to the prior Board action taken in closed session on September 28, 2011 approving labor contracts for the Executive Management Team, the Managers Group, and the Confidential Employees Group. Directors Nguyen and Lalloway stated that they were not present during the vote of this particular item during the September Board Meeting. 11/16/11 Minutes of Board Meeting Page 5 of 7 B. MOVED, SECONDED, AND DULY CARRIED: Rescind the prior Board action taken in closed session on September 28, 2011 approving labor contracts for the Executive Management Team, the Managers Group, and the Confidential Employees Group. Note: Director Tinajero joined the meeting at 6:40 p.m. Mr. Ruth provided the Board with a brief overview of the following resolutions. C. MOVED, SECONDED, AND DULY CARRIED: Adopt Resolution No. OCSD 11-17 to Approve wage and benefit changes for Orange County Sanitation District (District) managers and retroactively apply the salary increases effective the first pay period in July 2011. The proposed salary increase is projected to be up to $53,000 over this one-year period. Directors Carchio, Dumitru, Edgar, Lalloway, Nguyen, Rosansky, and Tinajero opposed. D. MOVED, SECONDED, AND DULY CARRIED: Adopt Resolution No. OCSD 11-18 to Approve wage and benefit adjustments for Orange County Sanitation District (District) confidential employees. The proposed salary and leave increase is projected to be up to $35,600 over the two year period. Directors Carchio, Dumitru, Edgar, Lalloway, Nguyen, Rosansky, and Tinajero opposed. E. MOVED, SECONDED, AND DULY CARRIED: Adopt Resolution No. OCSD 11-19 to Approve salary adjustments for applicable Orange County Sanitation District (OCSD) Executive Management Team (EMT) members. Directors Carchio, Dumitru, Edgar, Lalloway, Nguyen, Rosansky, and Tinajero opposed. CLOSED SESSION: CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS: 54956.9(b) Convene in closed session, if necessary. The Board convened in closed session at 7:29 p.m. to discuss three 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. 11/16/11 Minutes of Board Meeting Page 6 of 7 RECONVENE IN REGULAR SESSION: The Board reconvened in regular session at 7:40 p.m. CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED SESSION: The Board voted to deny the Vallejo Government Tort Claim. Director Rosansky recused himself from the Closed Session at the time the Vallejo Claim was presented and voted on. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: The Board of Directors suggested that the following issues be considered to be brought to the Board as action and/or discussion items at a later date: Evaluation of General Counsel; Updated Code of Conduct; and a policy to require voting for all labor agreements to take place in open session. ADJOURNMENT: The Chair declared the meeting adjourned at 7:41 p.m. until the next regular Meeting on December 21, 2011, at 6:30 p.m. Maria E. Ayala Clerk of the Board 11/16/11 Minutes of Board Meeting Page 7 of 7 RECONVENE IN REGULAR SESSION: The Board reconvened in regular session at 7:40 p.m. CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED SESSION: The Board voted to deny the Vallejo Government Tort Claim. Director Rosansky recused himself from the Closed Session at the time the Vallejo Claim was presented and voted on. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: The Board of Directors suggested that the following issues be considered to be brought to the Board as action and/or discussion items at a later date: Evaluation of General Counsel; Updated Code of Conduct; and a policy to require voting for all labor agreements to take place in open session. ADJOURNMENT: The Chair declared the meeting adjourned at 7:41 p.m. until the next regular Meeting on December 21, 2011, at 6:30 p.m. Maria Ayala Clerk of the Board 11/16/11 Minutes of Board Meeting Page 7 of 7