HomeMy WebLinkAbout03-27-2013 Board Minutes Orange County Sanitation District
MINUTES
BOARD MEETING
March 27, 2013
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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 March 27, 2013, at 6:30 p.m., in the Administration Building. Director Steve
Jones provided the invocation and led the Pledge of Allegiance.
The Clerk of the Board declared a quorum present as follows:
ACTIVE DIRECTORS ALTERNATE DIRECTORS
X Troy Edgar, Chair Richard Murphy
X John Anderson, Vice Chair Gene Hernandez
X Tom Beamish Rose Espinoza
X David Benavides Sal Tinajero
X Steven Choi Christina Shea
X Keith Curry Rush Hill
X Tyler Diep Al Krippner
X James M. Ferryman Bob Ooten
X Steven Jones Kris Beard
X Peter Kim Gerard Goedhart
X Lucille Kring Jordan Brandman
X Michael Levitt Gordon Shanks
X Brett Murdock Christine Marick
Steve Nagel X Mark McCurdy
X Prakash Narain Doug Bailey
Scott Nelson X Constance Underhill
X Janet Nguyen Shawn Nelson
X John Nielsen Jerry Amante
X Brad Reese Greg Mills
X Gregory Sebourn Jan Flory
X Joe Shaw Joe Carchio
X David Shawver Carol Warren
X Fred Smith Steve Berry
X Teresa Smith Mark Murphy
X John Withers Douglas Reinhart
STAFF MEMBERS PRESENT: Jim Ruth, General Manager; Bob Ghirelli, Assistant
General Manager; Jim Herberg, Assistant General Manager; Nick Kanetis, Director of
Engineering, 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;
and Norbert Gaia.
OTHERS PRESENT: Brad Hogin, General Counsel
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PUBLIC COMMENTS:
Laura Grayston
Ms. Grayston spoke to her experience with the community's incident reporting process
to the Sanitation District staff.
REPORTS:
Chair Edgar introduced First VP, Cathy Green and General Manager Mike Markus, both
from the Orange County Water District who presented Mr. Ruth with a Resolution for his
service to OCSD.
Mr. Calvin Sung, Field Representative from Assembly member Sharon Quirk-Silva's
Office, presented Mr. Ruth with a Certificate of Recognition for Service.
Chair Edgar announced that two statements were read into the congressional Record in
the House of Representatives for Mr. Ruth; the first on March 13, 2013 by
Congressman Gary Miller; and the second on March 20, 2013 by Congressman Dana
Rohrabacher.
Chair Edgar presented Mr. Ruth with a Resolution from OCSD.
Mr. Ruth thanked the Board and the District staff.
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: 02/15/13 02/28/13
Totals $6,239,764.23 $15,929,834.22
Directors Curry, Diep, Nguyen, and Nielsen abstained.
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.
Chair Edgar announced that Agenda Items 6 and 7 would be considered after all regular
action items.
2. MOVED, SECONDED, AND DULY CARRIED: Approve minutes for the Regular
Board Meeting held on February 27, 2013.
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3. A. MOVED, SECONDED, AND DULY CARRIED: Ratify a Sole Source
maintenance repair service agreement with Ovivo USA, LLC for trickling
filters No. 1 & 2 at Plant No.1 for an amount of $144,773; and,
B. Approve a contingency of $14,477 (10%).
4. A. MOVED, SECONDED, AND DULY CARRIED: Consider, receive, and file
the Final Subsequent Environmental Impact Report for the Sludge
Dewatering and Odor Control at Plant No. 2, Project No. P2-92, prepared
by Environmental Science Associates, dated January 2013; and,
B. Adopt Resolution No. OCSD 13-04, certifying the Final Subsequent
Environmental Impact Report for implementation of Sludge Dewatering
and Odor Control at Plant No. 2, Project No. P2-92; making certain
findings relating to environmental effects identified in the Final Subsequent
Environmental Impact Report; adopting a Mitigation Monitoring and
Reporting Program; adopting a Statement of Overriding Considerations;
and approving the Sludge Dewatering and Odor Control at Plant No. 2,
Project No. P2-92.
5. A. MOVED, SECONDED, AND DULY CARRIED: Approve Plans and
Specifications for Dover Drive Trunk Sewer Relief, Contract No. 5-63, on
file at the Office of the Clerk of the Board;
B. Approve Addendum Nos. 1 through 4 to the plans and specifications;
C. Award a construction contract to Mike Bubalo Construction Co., Inc. for
the Dover Drive Trunk Sewer Relief, Contract No. 5-63, for a total amount
not to exceed $6,189,000; and,
D. Approve a contingency of $618,900 (10%).
6. Moved to considered after Administration Committee items.
7. Moved to considered after Administration Committee items.
STEERING COMMITTEE:
8. MOVED, SECONDED, AND DULY CARRIED: Approve minutes for the Steering
Committee Meeting held on February 27, 2013.
Director McCurdy abstained.
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OPERATIONS COMMITTEE:
9. MOVED, SECONDED, AND DULY CARRIED: Approve minutes for the
Operations Committee Meeting held on March 6, 2013.
Director McCurdy abstained.
10. A. MOVED, SECONDED, AND DULY CARRIED: Approve a Professional
Consultant Services Agreement with Atkins North America, Inc. (Atkins) to
provide construction support services for the Dover Drive Trunk Sewer
Relief, Contract No. 5-63, for an amount not to exceed $353,791; and,
B. Approve a contingency of $53,069 (15%).
11. MOVED, SECONDED, AND DULY CARRIED: Amend the motion, Item 15, July
28, 2010, authorizing an Agreement with OpenCEL, LLC for installation of
Equipment and Onsite Proprietary Testing of Plant No. 1 Waste Activated Sludge
Treatment, Project No. SP-125-6, to include all applicable taxes.
12. MOVED, SECONDED, AND DULY CARRIED: Approve a Reimbursement
Agreement with the City of Newport Beach for street improvements along Dover
Drive for Dover Drive Trunk Sewer Relief, Contract No. 5-63, in an amount not to
exceed $633,000, in a form approved by General Counsel.
Director Curry abstained.
ADMINISTRATION COMMITTEE:
13. MOVED, SECONDED, AND DULY CARRIED: Approve Minutes of the
Administration Committee Meeting held on March 13, 2013.
Director McCurdy abstained.
14. MOVED, SECONDED, AND DULY CARRIED: Adopt Resolution No. OCSD 13-
06, adopting a Conflict of Interest Code which supersedes all prior conflict of
interest codes and amendments previously adopted.
PUBLIC HEARINGS
Chair Edgar announced that the Board would conduct the public hearings on Agenda
Items 6 and 7 first, and then address each item individually for Board discussion and
action.
Agenda Item 6 (A-C):
The Board opened the Public Hearing on Regional Sewer Service Charges at 7:05 p.m.
The following individuals provided public comment. Concerns expressed during public
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comment were: the financial impact the rate increases would have on residents; District
operations; transparency; budget costs; public notice compliance; community support
for the District; etc.
Public Speakers: Peter Katz; Paul Durazo; Jose Colomer; Larry Herman; Dean
Reinemann; Francisca Provencio; John Skinner; Nancy Skinner; Steven Sarkis; Baron
Night; Robert Dingwall; Connie Ngo; Anthony Hollow; Warren Kusumoto; and Pete
Vahid.
Regional Sewer Service Charge Public Hearing closed at 7:46 p.m.
Agenda Item 7 (A-8):
The Board opened the Public Hearing on Industrial Sewer Service Charges at 7:46 p.m.
The following individuals provided public comment. Concerns expressed during public
comment were: the financial impact the rate increases would have on their businesses
and recommendations for the Sanitation District to improve operations by cutting costs
elsewhere throughout the organization in lieu of a rate increase.
Public Speakers: Roy Reynolds; Chiemi Mitsuyama; and Shigeharu Koga.
Industrial Sewer Service Charge Public Hearing closed at 7:55 p.m.
Jim Herberg, Assistant General Manager, gave an informative PowerPoint presentation
that covered various areas where the Sanitation District has made strides to improve
efficiencies and services and cut operative costs.
Agenda Item 6 (D):
Maria Ayala, Clerk of the Board, declared that the Sanitation District had received 274
official statements of protests, this number does not constitute a majority protest.
Chair Edgar informed the Board about the history of the planning and analysis that took
place by staff in working towards the rate proposal. The Board continued by having
discussion, with staff responding to their questions.
6. Items A through F:
A. Open Public Hearing under Proposition 218 for Proposed Multi-Year
Regional Sewer Service Charges and under Health and Safety Code
section 5473.1 for collection of charges on the tax roll.
B. Receive Public Comment.
C. Close Public Hearing.
D. The Clerk of the Board will count the protests and report the number of
protests to the Board of Directors.
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Board took action, by a roll call vote, on Item 6E(a-d):
E. If no majority protest:
a. MOVED, SECONDED, AND DULY CARRIED: Adopt a five year
rate schedule for regional sewer service charges, which includes a
4.8% rate increase effective July 1, 2013, followed by four annual
increases of 2.4%.
b. Motion to read Ordinance No. OCSD-41 by title only and waive
second reading of said entire ordinance on March 27, 2013.
C. Adopt Ordinance No. OCSD-41, An Ordinance of the Board of
Directors of Orange County Sanitation District Amending and
Restating Ordnance No. OCSD-35 Concerning Sanitary Sewer
Service Charges and Repealing Ordinance No. OCSD-35; Adopting
Revised Table A RE Residential User Fees and Revised Table B
Property Use Classifications.
d. Adopt Resolution No. OCSD 13-05, A Resolution of the Board of
Directors Directing the County Tax Collector-Treasurer to include
Regional Sanitary Sewer Service Charges on the Tax Roll for
Fiscal Years 2013-2014 through 2017-1018.
Directors: Choi, Diep, Kim, McCurdy, Narain, Nguyen, and Sebourn opposed.
F. If there is eerity pretest, the Board will take no eGtien and nreyiile
d0rentien to cuff.
7. A. Open Public Hearing and Receive Public Comment.
B. Close Public Hearing.
Board took action, by a roll call vote, on Item 7C-E:
C. MOVED, SECONDED, AND DULY CARRIED: Adopt a five year rate
schedule for industrial sewer service charges, which includes a 4.8% rate
increase effective July 1, 2013, followed by four annual increases of 2.4%
D. Motion to read Ordinance No. OCSD-42 by title only and waive second
reading of said entire Ordinance on March 27, 2013.
E. Adopt Ordinance No. OCSD-42, An Ordinance of the Board of Directors of
Orange County Sanitation District Amending Ordinance No. OCSD-40
Concerning Miscellaneous Charges and Fees relating to Industrial
Charges and Source Control Permittees; Adopting Revised Table F RE
Class I and Class II Permittees and Special Purpose Discharge
Permittees:
Directors: Choi, Diep, Kim, McCurdy, Narain, Nguyen, and Sebourn opposed.
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CLOSED SESSION
None.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA
ITEMS, IF ANY:
None.
ADJOURNMENT:
The Chair declared the meeting adjourned at 9:13 p.m. until the next regular meeting on
April 24, 2013, at 6:30 p.m.
Maria E. Ayala, Clerk of the Board
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