HomeMy WebLinkAbout11-20-2013 Board Meeting Minutes11/20/13
Orange County Sanitation District
CORRECTED MINUTES
BOARD MEETING
November 20, 2013
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 20, 2013, at 6:35 p.m., in the Administration Building. Director Fred
Smith delivered 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
Steven Jones Kris Beard
x Peter Kim Gerard Goedhart
x Lucille Kring Jordan Brandman
x Michael Levitt Gordon Shanks
Brett Murdock Roy Moore
x Steve Nagel Mark Mccurdy
x Prakash Narain Doug Bailey
x Scott Nelson Constance Underhill
x Janet Nguyen (arrived 7:11 p.m.) 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
Teresa Smith Mark Murphy
x John Withers Douglas Reinhart
STAFF MEMBERS PRESENT: Jim Herberg, General Manager; Bob Ghirelli, 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; Kelly A. Lore, Secretary Pro Tern; Janine Aguilar; Jennifer Cabral;
Dean Fisher; Norbert Gaia; Al Garcia; Tod Haynes; Mark Kawamoto; Andrew Nau; Joan
Parker-Frey; Lisa Rothbart; Rich Spencer; Rob Thompson; and Paula Zeller.
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OTHERS PRESENT: Brad Hagin, General Counsel, and Jim Ruth, Consultant.
PUBLIC COMMENTS:
None.
REPORTS:
Nick Kanetis, Director of Engineering, presented a service award to Joan Parker-Frey,
Engineering Assistant 11, for her 25 Years of Service with OCSD.
Vice-Chair John Anderson announced his resignation from the OCSD Board of
Directors effective November 21, 2013, and stated how proud he was to have served on
the Board and be a part of its many accomplishments.
Chair Edgar distributed a Memorandum to the Board regarding: Vice-Chair Anderson's
resignation; the accomplishments of the Board; and notification that nominations and
election for a Vice-Chair will take place at the next regularly scheduled Board Meeting.
Chair Edgar announced that he has appointed Director Keith Curry to the open, at-large
vacancy on the Steering Committee.
Chair Edgar provided a brief report from the recent Legislative and Public Affairs
Special Meeting that took place on November 12, 2013.
Jim Herberg, General Manager, announced that on November 21, 2013, he would
attend the ACC-OC planning session for the Infrastructure Summit Planning Committee.
He also stated that the Strategic Plan update was presented to the Steering Committee
and is recommended for the Board's approval tonight. He thanked the Board and staff
for their support and direction.
Mr. Herberg also announced that the Draft Environmental Impact Report (DEIR) for the
Southwest Costa Mesa Trunk Sewer has been released to the public, and that a public
hearing will be held at Plant 2 on December 3, 2013 at 6:30 p.m.
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: 10/15/13 10/31/13
Totals $17,516,127.77 $10,909,610.64
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Director Curry, Diep and Nielsen abstained. Director Shawver abstained on Claim
No. 59573 and Claim No. 60097.
CONSENT CALENDAR:
2. MOVED, SECONDED, AND DULY CARRIED:
A. Approve minutes for the Regular Board Meeting held on October 23,
2013;and
B. Approve minutes for the Special Board Meeting held on November 6,
2013.
3. MOVED, SECONDED, AND DULY CARRIED: Approve a Quitclaim Sewer
Transfer Agreement between Orange County Sanitation District and the City of
Huntington Beach transferring ownership of 21.1 linear feet of local sewer and
one manhole in Magnolia Street to the City of Huntington Beach at no cost to
OCSD, in a form approved by General Counsel.
STEERING COMMITTEE:
Kelly Lore, Secretary Pro Tern, announced Agenda Item 4, the Minutes from the
October 23, 2013, Steering Committee will be corrected as follows:
• Under General Manager's Report, the word November will be replaced with
October.
• Under Action Item 4.B. the word COSD will be replaced with OCSD.
4. MOVED, SECONDED, AND DULY CARRIED: Approve the CORRECTED
minutes for the Steering Committee Meeting held on October 23, 2013.
5. MOVED, SECONDED, AND DULY CARRIED:
A. Approve the Five-Year Strategic Plan dated November 2013; 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 November 6,
2013, Operations Committee meeting.
7. MOVED, SECONDED, AND DULY CARRIED: Authorize the General Manager
to negotiate a Professional Consultant Services Agreement with Brown &
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Caldwell for construction support services for the Newport Force Main
Rehabilitation, Project No. 5-60.
8. MOVED, SECONDED, AND DULY CARRIED: Authorize the General Manager
to negotiate a Professional Consultant Services Agreement with Black & Veatch
Corporation (Black & Veatch) for construction support services for CenGen
Emissions Control, Project No. J-111.
9. MOVED, SECONDED, AND DULY CARRIED: Authorize the General Manager to
negotiate a Professional Consultant Services Agreement with HH Fremer
Architects, Inc. (HH Fremer) for construction support services for the Operations
Center Entrance/Building Repairs, Project No. J-122.
10. MOVED, SECONDED, AND DULY CARRIED:
A. Award a contract to the lowest responsive and responsible bidder, Danny
Letner OBA Letner Roofing Company, for Plant 2 Operations Center Roof
Replacement Specification No. FR 13-006, for a total amount not to
exceed $220,000; and
B. Approve a contingency of $44,000 (20%).
11. MOVED, SECONDED, AND DULY CARRIED:
A. Approve Amendment No. 2 to the Professional Design Services
Agreement with Atkins North America, Inc. for Final Effluent Sampler and
Building Upgrades, Project No. J-110, for an additional amount of
$163,300, increasing the total amount not to exceed $2,068,891; and
B. Approve a contingency increase of $71,865 for a total contingency of
$248,267 (12%).
12. MOVED, SECONDED, AND DULY CARRIED:
A. Approve a Professional Consultant Services Agreement with The Austin
Company to provide construction support services for Maintenance Area
Building Improvements and Building H Demolition, Contract No. P1-115A,
part of Title 24 Access Compliance and Building Rehabilitation Project,
Project No. P1-115, for an amount not to exceed $606,622; and,
B. Approve a contingency of $60,662 (10%).
13. MOVED, SECONDED, AND DULY CARRIED:
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A. Rescind July 24, 2013 Board Meeting Minute Order #4 awarding a service
contract to Specialized Reuse and Recycling for biosolids hauling service
bid, Specification No. S-2013-57980, due to the vendor's failure to comply
with insurance requirements; and
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B. Award a service contract to the second lowest responsive and responsible
bidder, Sierra Transport, Inc., for Specification No. S-2013-579BD, to haul
the Orange County Sanitation District's biosolids from Reclamation Plant
No. 1 and/or Treatment Plant No. 2 to Orange County Waste and
Recycling's Prima Deshecha landfill, for the period from December 2,
2013 through December 1, 2014, at the unit price of $12.80 per ton
coupled with a fuel surcharge, for an estimated annual contract amount
not to exceed $473,000 per year, with four one-year renewal options; and
C. Approve hauling to alternative sites at a unit price of $2.75/ton/mile within
50-100 miles and $2.35/ton/mile within 101-200 miles; and
D. Approve a (10%) unit price contingency for both primary and alternate unit
prices.
14. MOVED, SECONDED, AND DULY CARRIED: Ratify the General Manager's
Use of Emergency Purchasing Authority Pursuant to Delegation of Authority
Resolution 07-04, Section 3.09, approving a contingency increase of $1,237,800
(20%) to the construction contract with Mike Bubalo Construction Co., Inc. for the
Dover Drive Trunk Sewer Relief, Contract No. 5-63, for a total contingency of
$1,856,700 (30%).
15. MOVED, SECONDED, AND DULY CARRIED:
A. Approve a budget decrease of $800,000 to Title 24 Access Compliance
and Building Rehabilitation Project, Project No. P1-115, for a total budget
of $31,982,778.
B. Establish a budget for Administrative Facilities Implementation Planning,
Project No. SP-194, in the amount of $800,000; and
C. Authorize the General Manager to issue a Request for Proposal for
architectural and engineering services to prepare an Administrative
Facilities Implementation Plan for the replacement of Orange County
Sanitation District's existing administration facilities as part of said project;
and
D. Authorize the General Manager to negotiate a Professional Services
Agreement for said project with the most qualified firm to be awarded at a
future Board of Director's meeting.
ADMINISTRATION COMMITTEE:
16. MOVED, SECONDED, AND DULY CARRIED: Approve Minutes of the
November 13, 2013 Administration Committee Meeting.
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17. MOVED, SECONDED, AND DULY CARRIED: Receive and file the Sanitation
District's Comprehensive Annual Financial Report for the year ended
June 30, 2013, prepared by staff and audited by McGladrey, Certified Public
Accountants, along with the following reports prepared by McGladrey:
A. Report to the Administration Committee; and
B. Report on Internal Controls; and
C. Independent Accountants' Report on Agreed-Upon Procedures Applied to
Appropriations Limit Worksheets.
NON-CONSENT:
18. A. MOVED, SECONDED, AND DULY CARRIED to read Ordinance No.
OCSD-44 by title only and waive further reading of said entire Ordinance;
and
Secretary Pro Tern, Kelly Lore, read aloud, by title only, Ordinance No. OCSD-44
"An Ordinance of the Board of Directors of Orange County Sanitation District
Establishing Requirements and Procedures for the Purchase of Goods, Services,
and Public Works Projects."
The Board took the following action:
MOVED, SECONDED, AND DULY CARRIED:
B. Adopt Ordinance No. OCSD-44, entitled "An Ordinance of the Board of
Directors of Orange County Sanitation District Establishing Requirements
and Procedures for the Purchase of Goods, Services, and Public Works
Projects"; and
C. Direct the Clerk of the Board to publish a summary of the Ordinance as
required by law.
LEGISLATIVE AND PUBLIC AFFAIRS SPECIAL COMMITTEE:
19. A. Receive and file the minutes of the October 17, 2013 meeting of the
Legislative and Public Affairs Special Committee; and
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B. Receive and file the minutes of the November 12, 2013 meeting of the
Legislative and Public Affairs Special Committee.
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CLOSED SESSION
CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE
SECTIONS : 54956.9(d)(1), and 54957 .6 .
The Board convened in closed session at 7:06 p.m. to discuss two 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 .
Directo r Janet Nguyen arrived at 7:11 p.m.
RECONVENE IN REGULAR SESSION: The Board reconvened in regular session at
7:25 p.m.
CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED
SESSION:
General Counsel Brad Hagin reported that the Board voted unanimously in closed
session , to accept a signed settlement offer from Santa Ana Watershed Project
Authority (SAWPA) to settle the pending arbitration . The substance of the agreement
was as follows : The Pipeline Capacity Agreement attached to the agreement will be
amended, to allow for sudden, unanticipated surges up to 33 million gallons per day
during dry weather, as long as the surges do not exceed a one-hour duration and occu r
not more than once in any 24 hour period and do not cause sewer spills , damage or a
threat to health and safety .
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA
ITEMS, IF ANY:
None.
ADJOURNMENT:
The Chair adjourned the meeting at 7:28 p.m. until the next Regular Board Meeting on
Decembe r 18 , 2013 at 6:30 p .m.
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