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11/28/12 Minutes of Board Meeting Page 1 of 8
Orange County Sanitation District
MINUTES
BOARD MEETING
November 28, 2012
Administration Building
10844 Ellis Avenue
Fountain Valley, California 92708-7018
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ROLL CALL
A regular meeting of the Board of Directors of the Orange County Sanitation District was
held on November 28, 2012, at 6:30 p.m., in the Administration Building. Following the
invocation and Pledge of Allegiance, a quorum was declared present by the Associate
Clerk of the Board as follows:
ACTIVE DIRECTORS ALTERNATE DIRECTORS
X Troy Edgar, Chair Gerri Graham-Mejia
X John Anderson, Vice Chair Jim Winder
X Tom Beamish Rose Espinoza
X Joe Carchio Devin Dwyer
X Larry Crandall Steve Nagel
X Bill Dalton Kris Beard
X Jon Dumitru Denis Bilodeau
A Gail Eastman Harry Sidhu
X James M. Ferryman Bob Ooten
X Jeffrey Lalloway Steven Choi
X Michael Levitt Gordon Shanks
X Prakash Narain Doug Bailey
X Scott Nelson Constance Underhill
X Joy Neugebauer Al Krippner
X Janet Nguyen Shawn Nelson
X John Nielsen Jerry Amante
X Gregory Sebourn Pat McKinley
X Brad Reese Rick Barnett
A Steven Rosansky Nancy Gardner
X Don Schweitzer Ron Garcia
X David Shawver Carol Warren
X Fred Smith Steve Berry
X Sal Tinajero David Benavides
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 E. Ayala, Clerk of the Board; Jennifer Cabral; Ron Coss;
Norbert Gaia; Tod Haynes; Rob Thompson; Nakeisha Turner; and Paula Zellar.
OTHERS PRESENT: Brad Hogin, General Counsel
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PUBLIC COMMENTS:
Chair Edgar announced that the public comments received would be heard at the time
Agenda Item 16 would be considered, as all requests were related to that particular
item.
REPORTS:
Chair Edgar called upon Ed Torres, Director of Operations and Maintenance, who
recognized Mike Berdis, Operations Supervisor, for his 25 years of service to the
Sanitation District.
Chair Edgar presented Certificates of Appreciation to the departing Board Members for
their years of service to the District, they are: Larry Crandall, Bill Dalton, Jon Dumitru,
Don Schweitzer, and Mark Waldman. A certificate was also presented for Director
Rosansky who was not in attendance at tonight’s meeting.
Chair Edgar briefly reported on the discussion in tonight’s Steering Committee meeting
regarding a rate proposal plan. More information would be presented at the upcoming
Committee meetings and December Board meeting.
Mr. Ruth, General Manager, briefly reported on the following from his General
Manager’s Monthly Status Report: Board Services is working on implementing a
paperless agenda system in the near future; the Full Secondary Treatment Celebration
was well attended; OCSD received the National Water Research Institute (NWRI)
Award of Excellence; meeting with representatives from OCWD and LADWP to discuss
the GWRS project; and his meeting with Resources Secretary John Laird.
Jim Colston, Environmental Compliance and Regulatory Affairs Manager, gave a brief
informative presentation and overview of the Sanitation District’s “No Drugs Down the
Drain” program.
RATIFICATION OF PAYMENT OF 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: 10/15/12 10/31/12
Totals $10,317,953.13 $16,416,062.24
Directors Dumitru and Nielsen abstained on all items. Director Crandall abstained
from the following claims: 51386, 51647, 51696, 52018, 51983, and 51828.
CONSENT CALENDAR: Consent Calendar Items are considered to be routine and will be enacted,
by the Board of Directors, after one motion, without discussion. Any items withdrawn from the Consent
Calendar for separate discussion will be considered in the regular order of business.
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2. MOVED, SECONDED, and DULY CARRIED: Approve minutes for the Board
Strategic Plan Update Workshop Meeting held on October 17, 2012.
3. MOVED, SECONDED, and DULY CARRIED: Approve minutes for the Regular
Board Meeting held on October 24, 2012.
4. A. MOVED, SECONDED, and DULY CARRIED: Authorize the General
Manager and General Counsel to execute and record any and all
instruments necessary to obtain a lot line adjustment for the unused
portions of the Rocky Point Pump Station property.
B. Adopt Resolution No. OCSD 12-13, Declaring Unused Portions of Real
Property Located at 1700-2000 West Coast Highway, Newport Beach, as
Surplus Property.
C. Authorize the General Manager to obtain an appraisal and offer for sale
the unused portion of Rocky Point Pump Station property owned by
Orange County Sanitation District at 1700-2000 West Coast Highway,
Newport Beach, consistent with the requirements of the Surplus Lands Act
(California Government Code Section 54220 et seq.).
D. Authorize the General Manager to negotiate with Coast Community
College District concerning the sale of the unused portion of the Rocky
Point Pump Station property consistent with the Purchase Option
Agreement between the Orange County Sanitation District and Coast
Community College District/Orange Coast College Regarding the Rocky
Point Pump Station Site dated September 26, 2007.
E. Approve and authorize the Chair to execute and agreement and Quitclaim
Deed transferring to the City of Newport Beach certain sewer facilities
constructed as part of the Replacement of Rocky Point Pump Station,
Contract No. 5-50, in a form approved by General Counsel.
5. A. MOVED, SECONDED, and DULY CARRIED: Approve Plans and
Specifications for P2 Central Generation Facility Compressor
Replacement, Project No. FE09-11, on file at the office of the Clerk of the
Board;
B. Receive and file bid tabulation and recommendation;
C. Award a construction contract to SS Mechanical Corporation for P2
Central Generation Facility Compressor Replacement, Project No. FE09-
11, for a total amount not to exceed $212,973; and,
D. Approve a contingency of $31,946 (15%).
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STEERING COMMITTEE:
6. MOVED, SECONDED, and DULY CARRIED: Approve minutes for the Steering
Committee Meeting held on October 24, 2012.
7. A. MOVED, SECONDED, and DULY CARRIED: Approve the Five-Year
Strategic Plan dated November 2012; and,
B. Direct staff to implement the goals and levels of service contained in the
Plan.
8. MOVED, SECONDED, and DULY CARRIED: Receive and file Santa Ana
Watershed Project Authority Pretreatment Program Compliance Audit Report
from Environmental Engineering & Contracting, Inc.
OPERATIONS COMMITTEE:
Director Beamish announced that Item 16 would be pulled from the Consent Calendar
for discussion.
9. MOVED, SECONDED, and DULY CARRIED: Approve minutes for the
Operations Committee Meeting held on November 7, 2012.
10. A. MOVED, SECONDED, and DULY CARRIED: Approve a Professional
Design Services Agreement with Brown and Caldwell for Santa Ana Trunk
Sewer Rehabilitation, Project No. 1-17, providing for engineering design
services for an amount not to exceed $457,475; and,
B. Approve a contingency of $45,747 (10%).
11. A. MOVED, SECONDED, and DULY CARRIED: Adopt Resolution No.
OCSD 12-14, certifying the Notice of Exemption for the Orangethorpe
Avenue Grade Separation Project, Finding that the Lead Agency CEQA
Compliance Obligations have been Fulfilled, and Related Actions (Project
No. 2-77); and,
B. Approve a Reimbursement Agreement with the Orange County
Transportation Authority for an amount not to exceed $3,000,000, in a
form approved by General Counsel.
12. A. MOVED, SECONDED, and DULY CARRIED: Award a contract to the
lowest responsive and responsible bidder, Century Paving, Inc., for Plant
1 Asphalt Replacement Job No. FR11-025 and Plant 2 Asphalt
Replacement Job No. FR11-026, for a total amount not to exceed
$448,309; and,
B. Approve a contingency of $89,661 (20%).
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13. A. MOVED, SECONDED, and DULY CARRIED: Approve a budget increase
of $630,000, for a total project budget of $930,000;
B. Approve a Professional Services Agreement with Arcadis U.S., Inc., for
Phase 2 Facility-Wide Safety Assessment, Project No. SP-145-1,
providing for services for an amount not to exceed $686,400; and,
C. Approve a contingency of $68,640 (10%).
14. MOVED, SECONDED, and DULY CARRIED: Approve a Waste Disposal
Agreement with the County of Orange (Orange County Waste and Recycling) for
the County to receive and dispose of the Orange County Sanitation District’s
biosolids at the Prima Deshecha Landfill, subject to available capacity, for the
period commencing on December 1, 2012 through June 30, 2020, with a renewal
option of 10-years in a total annual amount not to exceed $3,605,288.
15. MOVED, SECONDED, and DULY CARRIED: Authorize Amendment No. 9 to
Synagro West, Inc., (Synagro) Purchase Order No. 100760-OB, increasing the
annual amount from $6,580,000 to an amount not to exceed (NTE) $8,600,000
for the period of January 1, 2012 through December 31, 2012 for the Orange
County Sanitation District’s biosolids management contract. Thereafter, the NTE
will be $6,850,000.
Director Nguyen entered the meeting at 7:40 p.m.
NON CONSENT:
Jim Herberg, Assistant General Manager, provided a brief overview of the proposed
item.
Public Comments:
Randolph Finch Jr. (Balfour Beatty)
Mike Recupero (Balfour Beatty)
Both Mr. Finch and Mr. Recupero spoke to the confusion that the bid specifications
caused, which impacted their company’s proposal; and, asked the Board to consider
postponing the awarding of the contract tonight and to instead, rebid the project.
After the public comments, the Board continued on to extensive discussion on the item,
with staff responding to Directors’ questions.
A motion and second was made to approve the item as presented. Director Nguyen
then made a substitute motion, with the substitute motion being rejected by a 9 (ayes)
and 14 (noes) vote.
A roll call vote was taken by the Clerk of the Board on the initial motion to approve
agenda item 16.
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16. MOVED, SECONDED, AND DULY CARRIED: (Items A – M)
A. Approve Plans and Specifications for Sludge Dewatering and Odor Control
at Plant No. 1, Project No. P1-101, on file at the office of the Clerk of the
Board;
B. Approve Addendum Nos. 1 through 6 to the plans and specifications;
C. Receive and file bid tabulation and recommendation;
D. Receive and file Award Protest dated October 5, 2012 and Supplemental
Award Protests dated October 12, 2012 and October 30, 2012 from
Balfour Beatty Infrastructure, Inc. concerning the award to W. M. Lyles
Company;
E. Receive and file response letter dated October 11, 2012, from W.M. Lyles
Company to Award Protest from Balfour Beatty Infrastructure, Inc.;
F. Receive and file Orange County Sanitation District Final Disposition letters
dated October 15, 2012 and October 31, 2012 to Balfour Beatty
Infrastructure, Inc. responding to the Award Protest;
G. Deny Award Protest filed by Balfour Beatty Infrastructure, Inc.;
H. Receive and File Award Protest from Moyno, Inc. dated August 23, 2012,
alleging that the sole source designation of Seepex for cake pumps was
improper;
I. Receive and file Orange County Sanitation District Final Disposition letter
dated October 4, 2012 to Moyno, Inc., responding to Award Protest;
J. Reject untimely Award Protest filed by Moyno, Inc.;
K. Approve a budget increase of $24,708,300 for Sludge Dewatering and
Odor Control at Plant No. 1, Project No. P1-101 for a total amount not to
exceed $171,978,300;
L. Award a construction contract to W.M. Lyles Company for Sludge
Dewatering and Odor Control at Plant No. 1, Project No. P1-101, for a
total amount not to exceed $126,908,300; and,
M. Approve a contingency of $3,800,000 (3%).
Directors Carchio, Dalton, Dumitru, Lalloway, Levitt, Nguyen, and Tinajero opposed;
Director Crandall abstained.
ADMINISTRATION COMMITTEE:
17. MOVED, SECONDED, AND DULY CARRIED: Approve minutes for the
Administration Committee Meeting held on November 14, 2012.
18. MOVED, SECONDED, AND DULY CARRIED: Receive and file the Sanitation
District's Comprehensive Annual Financial Report for the year ended June 30,
2012, prepared by staff and audited by McGiadrey, Certified Public Accountants
along with the following reports prepared by McGiadrey:
A. Report to the Administration Committee
B. Report on Internal Controls
C. Independent Accountants' Report on Agreed-Upon Procedures Applied to
Appropriations Limit Worksheets.
Directors Dumitru and Withers departed the meeting at 8:30p.m.
CLOSED SESSION
Director Tinajero recused himself from Closed Session.
CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE
SECTIONS: 549 56.9(a), (b), and (c).
The Board convened in closed session at 8:3 6 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.
RECONVENE IN REGULAR SESSION: The Board reconvened in regular session at
8:4 5p.m.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA
ITEMS, IF ANY:
Director Beamish thanked the Board for the productive discussion on tonight's agenda
items.
ADJOURNMENT:
The Chair declared the meeting adjourned at 7:05 p.m. until the next regular meeting on
December 19, 2012, at 6:30p.m.
MafiaE Ayala:clkOf the Board
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