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HomeMy WebLinkAbout11-28-2012 Board Minutes 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 11/28/12 Minutes of Board Meeting Page 2 of 8 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 11/28/12 Minutes of Board Meeting Page 3 of 8 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. 11/28/12 Minutes of Board Meeting Page 4 of 8 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%). 11/28/12 Minutes of Board Meeting Page 5 of 8 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%). 11/28/12 Minutes of Board Meeting Page 6 of 8 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. 11/28/12 Minutes of Board Meeting Page 7 of 8 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 11/28/12 Minutes of Board Meeting Page 8 of 8