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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 Minutes of Board Meeting Page 1 of 8 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. 11/20/13 Minutes of Board Meeting Page 2 of 8 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 11/20/13 Minutes of Board Meeting Page 3 of 8 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 & 11/20/13 Minutes of Board Meeting Page 4 of 8 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: 11/20/13 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 Minutes of Board Meeting Page 5 of 8 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. 11/20/13 Minutes of Board Meeting Page 6 of 8 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 11/20/13 B. Receive and file the minutes of the November 12, 2013 meeting of the Legislative and Public Affairs Special Committee. Minutes of Board Meeting Page 7 of 8 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. 1 1/20/13 Minutes of Board Meeting Page 8 of 8