HomeMy WebLinkAbout02-26-2014 Board Meeting Minutes02/26/2014
Orange County Sanitation District
MINUTES
BOARD MEETING
February 26, 2014
Administration Building
10844 Ellis Avenue
Fountain Valley, California 92708-7018
Minutes of Board Meeting Page 1 of 13
ROLL CALL
A regular meeting of the Board of Directors of the Orange County Sanitation District was
held on February 26, 2014, at 6:30 p.m., in the Administration Building. Alternate
Director Constance Underhill delivered the invocation and led the Pledge of Allegiance.
1. MOVED, SECONDED, AND DULY CARRIED: Receive and file Minute Excerpts
of member agencies relating to appointments to the Orange County Sanitation
District Board as follows:
City I Agency
Buena Park
Villa Park
Active Director
Fred Smith
Alternate Director
Steve Berry
Greg Mills
Costa Mesa Sanitary District
Brad Reese
James Ferryman Bob Ooten
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Brandman (Alternate); Beamish; Carchio; Choi; Curry;
Diep; Edgar; Ferryman; Hernandez; Jones; Kim; Levitt,
Murdock; Nagel; Narain; Nguyen; Nielsen; Reese;
Reinhart (Alternate); Sebourn; Shawver; F. Smith; T.
Smith; and Underhill (Alternate)
None
None
Benavides
The Clerk of the Board declared a quorum present as follows:
ACTIVE DIRECTORS ALTERNATE DIRECTORS
x Troy Edgar, Chair Richard Murphy
x Tom Beamish, Vice Chair Rose Espinoza
x David Benavides Sal Tinajero
x Joe Carchio Dave Sullivan
x Steven Choi Christina Shea
x Keith Curry Rush Hill
x Tyler Diep Al Krippner
x James M. Ferryman Bob Ooten
x Gene Hernandez John Anderson
x Steven Jones Kris Beard
x Peter Kim Gerard Goedhart
Lucille Kring x Jordan Brandman
x Michael Levitt Gordon Shanks
x Brett Murdock Roy Moore
x Steve Nagel Michael Vo
x Prakash Narain Doug Bailey
02/26/2014 Minutes of Board Meeting Page 2of13
Scott Nelson x Constance Underhill
x Janet Nguyen Shawn Nelson
x John Nielsen Allan Bernstein
x Brad Reese Greg Mills
x Gregory Sebourn Jan Flory
x David Shawver Carol Warren
x Fred Smith Steve Berry
x Teresa Smith Mark Murphy
John Withers x 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; Lorenzo Tyner, Director of Finance & Administrative
Services; Jeff Reed, Director of Human Resources; Maria E. Ayala, Clerk of the Board;
Janine Aguilar; Cindi Ambrose; Jennifer Cabral; Ann Crafton; Dean Fisher; Norbert
Gaia; Kelly Lore; Andrew Nau; Rich Spencer; Rob Thompson; and Paula Zellar.
OTHERS PRESENT: Brad Hogin, General Counsel; Jim Ruth, Consultant; Joe Shaw,
City of Huntington Beach Council Member; and Doug Davert, Director from East Orange
County Water District.
PUBLIC COMMENTS:
Doug Davert submitted a request to speak card and chose to speak on Agenda Item
No. 14 at the time it would be considered during the meeting.
REPORTS:
Chair Edgar presented former Board Director, Joe Shaw, from the City of Huntington
Beach, with a Certificate of Appreciation from the Sanitation District.
(Director Benavides arrived at the meeting at 6:39 p.m.)
Chair Edgar reported on his trip to Washington DC, where he attended the CASA
Conference as well as attending various meetings with the District's delegation to
discuss ongoing project actions surrounding the SARI Line realignment, removal of rip
rap, and other issues of concern to the wastewater industry, and the Sanitation District
in particular.
Chair Edgar invited the Board members to attend the Sanitation District's Floor
Recognition ceremony on March 20th, should they already happen to be in Sacramento
on that date. The recognition is for the District's 60th Anniversary. Chair Edgar also
stated that he, Vice-Chair Beamish and Mr. Herberg will be flying to Sacramento on
March 19th so as to meet with other key officials on various matters affecting the District.
02/26/2014 Minutes of Board Meeting Page 3of13
Mr. Herberg, General Manager, reported on the following from his General Manager's
Monthly Update Report:
• Various events attended by the District during the month of February as part of
the community outreach program;
• Huntington Beach Community Meeting;
• Nick Kanetis, Director of Engineering, will be leaving the District on March y!h
• Todd Haynes, Engineering Manager, will be retiring during the month of March;
• Demise of employee Peter McGrath, Operations Supervisor. Mr. Herberg asked
that tonight's meeting be adjourned in his memory;
• Two committees were agreed to from the SAWPA Settlement agreement. One
being the Joint Operations Committee and the other being the Joint Policy
Committee. These meetings are scheduled to take place in the near future;
• Attending the SAWPA Commission meeting with Chair Edgar and Vice-Chair
Beamish on February 4th to recognize SAWPA's collaboration with the Sanitation
District.
RATIFICATION OF PAYMENT OF CLAIMS:
2. MOVED, SECONDED, AND DULY CARRIED: Ratify payment of claims of the
District, by roll call vote, as follows:
Claims Paid for the Period Ending: 01/15/14 01/31/14
Totals
AYES:
NOES:
ABSTENTIONS:
ABSENT:
02/26/2014
$11, 108,214.24 $12,652,327.51
Beamish; Benavides; Carchio; Choi; Diep; Edgar;
Ferryman; Hernandez; Jones, Kim; Levitt, Murdock;
Nagel; Narain; Reese; Reinhart (Alternate); Shawver*; F.
Smith; T. Smith; and Withers
None
Brandman (Alternate); Curry; Underhill (Alternate);
Nguyen; Nielsen; Sebourn; and
*Shawver (abstained on claim #62345)
None
Minutes of Board Meeting Page 4of13
CONSENT CALENDAR:
3. MOVED, SECONDED, AND DULY CARRIED: Receive and file the updated
Orange County Sanitation District Directors' Committee Assignments for 2014.
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Brandman (Alternate); Beamish; Benavides; Carchio;
Choi; Curry; Diep; Edgar; Ferryman; Hernandez; Jones;
Kim; Levitt, Murdock; Nagel; Narain; Nguyen; Nielsen;
Reese; Reinhart (Alternate); Sebourn; Shawver; F.
Smith; T. Smith; and Underhill (Alternate)
None
None
None
4. MOVED, SECONDED, AND DULY CARRIED: Approve minutes for the Regular
Board Meeting held on January 22, 2014.
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Brandman (Alternate); Beamish; Benavides; Carchio;
Choi; Curry; Diep; Edgar; Ferryman; Hernandez; Jones;
Kim; Levitt, Murdock; Nagel; Narain; Nguyen; Nielsen;
Reese; Reinhart (Alternate); Sebourn; Shawver; F.
Smith; T. Smith; and Underhill (Alternate)
None
None
None
5. MOVED, SECONDED, AND DULY CARRIED: Adopt Resolution No. OCSD 14-
02, a Resolution of the Board of Directors of the Orange County Sanitation
District commending John Anderson for his outstanding contributions and
dedication to public service as Vice-Chair of the Orange County Sanitation
District Board of Directors.
AYES:
NOES:
02/26/2014
Brandman (Alternate); Beamish; Benavides; Carchio;
Choi; Curry; Diep; Edgar; Ferryman; Hernandez; Jones;
Kim; Levitt, Murdock; Nagel; Narain; Nguyen; Nielsen;
Reese; Reinhart (Alternate); Sebourn; Shawver; F.
Smith; T. Smith; and Underhill (Alternate)
None
Minutes of Board Meeting Page 5of13
ABSTENTIONS: None
ABSENT: None
6. MOVED, SECONDED, AND DULY CARRIED:
A. Approve a sole source agreement with Charles P. Crowley Co., for the
purchase and installation support of pump station equipment to support
Newport Force Main Rehabilitation, Project No. 5-60, for an amount not to
exceed $340,000; and
B. Approve a contingency of $34,000 (10%).
AYES: Brandman (Alternate); Beamish; Benavides; Carchio;
Choi; Curry; Diep; Edgar; Ferryman; Hernandez; Jones;
Kim; Levitt, Murdock; Nagel; Narain; Nguyen; Nielsen;
Reese; Reinhart (Alternate); Sebourn; Shawver; F.
Smith; T. Smith; and Underhill (Alternate)
NOES: None
ABSTENTIONS: None
ABSENT: None
7. MOVED, SECONDED, AND DULY CARRIED:
Items A-K:
A. Approve Plans and Specifications for Landscaping and Miscellaneous
Improvements Along Ellis Ave Corridor, Project No. FE10-19; and
B. Approve Addendum No. 1 to the plans and specifications; and
C. Receive and file bid tabulation and recommendation; and
D. Receive and file Award Protest from Green Building Corporation dated
January 27, 2014 concerning the award to ACE CD, Inc.; and
E. Receive and file Orange County Sanitation District's determination letter
dated January 29, 2014 to Green Building Corporation responding to
Award Protest; and
F. Deny Award Protest filed by Green Building Corporation; and
02/26/2014 Minutes of Board Meeting Page 6 of 13
G. Receive and file Appeal Letter from Lax & Stevens representing Green
Building Corporation dated February 4, 2014 concerning the award protest
determination; and
H. Receive and file Response Letter from ACE CD, Inc. dated February 11,
2014 concerning the Appeal Letter from Lax & Stevens; and
I. Receive and file Orange County Sanitation District's determination letter
dated February 11, 2014 to Green Building Corporation responding to
Appeal Letter; and
J. Award a construction contract to ACE CD, Inc. for the Landscaping and
Miscellaneous Improvements along Ellis Ave Corridor, Project No. FE10-
19, for a total amount not to exceed $403,650; and
K. Approve a contingency of $40,365 (10%).
AYES: Brandman (Alternate); Beamish; Benavides; Carchio;
Choi; Curry; Diep; Edgar; Ferryman; Hernandez; Jones;
Levitt, Murdock; Nagel; Narain; Nguyen; Nielsen; Reese;
Reinhart (Alternate); Sebourn; Shawver; F. Smith; T.
Smith; and Underhill (Alternate)
NOES: Kim
ABSTENTIONS: None
ABSENT: None
OPERATIONS COMMITTEE:
8. MOVED, SECONDED, AND DULY CARRIED: Approve minutes for the
Committee Meeting held on February 5, 2014.
AYES:
NOES:
ABSTENTIONS:
ABSENT:
02/26/2014
Brandman (Alternate); Beamish; Benavides; Carchio;
Choi; Curry; Diep; Edgar; Ferryman; Hernandez; Jones;
Kim; Levitt, Murdock; Nagel; Narain; Nguyen; Nielsen;
Reese; Reinhart (Alternate); Sebourn; Shawver; F.
Smith; T. Smith; and Underhill (Alternate)
None
None
None
Minutes of Board Meeting Page 7of13
9. MOVED, SECONDED, AND DULY CARRIED:
A. Authorize the General Manager to competitively bid and subsequently
award a contract to the lowest responsive and responsible bidder, for the
Replacement of Valves at Bay Bridge Valve Vault, Project No. FR10-018,
for an amount not to exceed $170,000; and
B. Approve a contingency of $34,000 (20%).
AYES: Brandman (Alternate); Beamish; Benavides; Carchio;
Choi; Curry; Diep; Edgar; Ferryman; Hernandez; Jones;
Kim; Levitt, Murdock; Nagel; Narain; Nguyen; Nielsen;
Reese; Reinhart (Alternate); Sebourn; Shawver; F.
Smith; T. Smith; and Underhill (Alternate)
NOES: None
ABSTENTIONS: None
ABSENT: None
10. MOVED, SECONDED, AND DULY CARRIED:
A. Award a contract to the lowest responsive and responsible bidder, Power
Testing and Energization, for Electrical Relay Testing and Calibration,
Specification No. S-2013-574-R2, for a total amount not to exceed
$296,990; and
B. Approve a contingency of $59,000 (20%).
AYES: Brandman (Alternate); Beamish; Benavides; Carchio;
Choi; Curry; Diep; Edgar; Ferryman; Hernandez; Jones;
Kim; Levitt, Murdock; Nagel; Narain; Nguyen; Nielsen;
Reese; Reinhart (Alternate); Sebourn; Shawver; F.
Smith; T. Smith; and Underhill (Alternate)
NOES: None
ABSTENTIONS: None
ABSENT: None
02/26/2014 Minutes of Board Meeting Page 8 of 13
ADMINISTRATION COMMITTEE:
11. MOVED, SECONDED, AND DULY CARRIED: Approve minutes for the
Committee Meeting held on February 19, 2014.
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Brandman (Alternate); Beamish; Benavides; Carchio;
Choi; Curry; Diep; Edgar; Ferryman; Hernandez; Jones;
Kim; Levitt, Murdock; Nagel; Narain; Nguyen; Nielsen;
Reese; Reinhart (Alternate); Sebourn; Shawver; F.
Smith; T. Smith; and Underhill (Alternate)
None
None
None
12. MOVED, SECONDED, AND DULY CARRIED:
A. Advertise a request for proposal for managing the District's Investment
Program that includes making the investment decisions and execution of
the investment transactions; and
B. Advertise a request for proposal for an investment advisor to assist with
the selection process of an investment management firm in an amount not
to exceed $40,000.
AYES: Brandman (Alternate); Beamish; Benavides; Carchio;
Choi; Curry; Diep; Edgar; Ferryman; Hernandez; Jones;
Kim; Levitt, Murdock; Nagel; Narain; Nguyen; Nielsen;
Reese; Reinhart (Alternate); Sebourn; Shawver; F.
Smith; T. Smith; and Underhill (Alternate)
NOES: None
ABSTENTIONS: None
ABSENT: None
02/26/2014 Minutes of Board Meeting Page 9of13
13. MOVED, SECONDED, AND DULY CARRIED: Approve the budget assumptions
to be used forthe preparation of the FY 2014-15 and FY 2015-16 two-year
budget.
AYES:
NOES:
ABSTENTIONS:
ABSENT:
NON-CONSENT:
Brandman (Alternate); Beamish; Benavides; Carchio;
Choi; Curry; Diep; Edgar; Ferryman; Hernandez; Jones;
Kim; Levitt, Murdock; Nagel; Narain; Nguyen; Nielsen;
Reese; Reinhart (Alternate); Sebourn; Shawver; F.
Smith; T. Smith; and Underhill (Alternate)
None
None
None
Doug Davert, Director from East Orange County Water District, took this time to address
the Board. He acknowledged all the hard work from the Sanitation District on Item 14,
and asked the Board for an affirmative vote.
Mr. Herberg announced that a revised final red-lined version of the agreement was
distributed at tonight's meeting. A few updates had been made to the agreement since
the posting of the Agenda.
14. MOVED, SECONDED, AND DULY CARRIED:
A. Approve agreement with East Orange County Water District (EOCWD), to
transfer ownership of local sewers in Service Area 7, and the appropriate
reserve balances, and
B. Authorize the General Manager to provide EOCWD with technical and
financial information to assist with its submittal of a reorganization
application to the Orange County Local Area Formation Commission (OC
LAFCO) to facilitate the transfer of ownership of the local sewers and
agreed assets; and
C. Authorize the General Manager to draft and execute a letter of support to
OC LAFCO in favor of EOCWD's reorganization application, subject to
and contingent upon OC LAFCO's acceptance of the terms and conditions
of transfer agreed upon by OCSD and EOCWD; and
D. Approve an agreement with EOCWD to reimburse OCSD for staff support
requested during an agreed transition period.
02/26/2014 Minutes of Board Meeting Page 10of13
AYES:
NOES:
ABSTENTIONS:
ABSENT:
STEERING COMMITTEE:
Brandman (Alternate); Beamish; Benavides; Curry; Diep;
Edgar; Ferryman; Hernandez; Jones; Kim; Levitt,
Murdock; Nagel; Narain; Nguyen; Nielsen; Reese;
Reinhart (Alternate); Sebourn; Shawver; F. Smith; T.
Smith; and Underhill (Alternate)
Choi
Carchio
None
15. MOVED, SECONDED, AND DULY CARRIED: Approve minutes for the Steering
Committee Meeting held on January 22, 2014.
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Brandman (Alternate); Beamish; Benavides; Carchio;
Choi; Curry; Diep; Edgar; Ferryman; Hernandez; Jones;
Kim; Levitt, Murdock; Nagel; Narain; Nguyen; Nielsen;
Reese; Reinhart (Alternate); Sebourn; Shawver; F.
Smith; T. Smith; and Underhill (Alternate)
None
None
None
16. MOVED, SECONDED, AND DULY CARRIED: Receive and file International
Water Summit Trip Report.
AYES:
NOES:
ABSTENTIONS:
ABSENT:
02/26/2014
Brandman (Alternate); Beamish; Benavides; Carchio;
Choi; Curry; Diep; Ferryman; Hernandez; Jones; Kim;
Levitt, Murdock; Nagel; Narain; Nguyen; Nielsen; Reese;
Reinhart (Alternate); Sebourn; Shawver; F. Smith; T.
Smith; and Underhill (Alternate)
None
Edgar
None
Minutes of Board Meeting Page 11 of 13
LEGISLATIVE AND PUBLIC AFFAIRS SPECIAL COMMITTEE:
17. MOVED, SECONDED, AND DULY CARRIED: Receive and file the minutes of
the February 10, 2014 meeting of the Legislative and Public Affairs Special
Committee.
AYES:
NOES:
ABSTENTIONS:
ABSENT:
CLOSED SESSION
Brandman (Alternate); Beamish; Benavides; Carchio;
Choi; Curry; Diep; Edgar; Ferryman; Hernandez; Jones;
Kim; Levitt, Murdock; Nagel; Narain; Nguyen; Nielsen;
Reese; Reinhart (Alternate); Sebourn; Shawver; F.
Smith; T. Smith; and Underhill (Alternate)
None
None
None
CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE
SECTIONS: 54957.6 and 54957(b)(1).
The Board convened in closed session at 7:00 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.
(Directors Benavides and Nguyen left during closed session.)
RECONVENE IN REGULAR SESSION: The Board reconvened in regular session at
9:20 p.m.
CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED
SESSION:
No report.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA
ITEMS, IF ANY:
None.
02/26/2014 Minutes of Board Meeting Page 12of13
ADJOURNMENT:
The Chair adjourned the meeting at 9 :23 p .m ., in memory of Peter McGrath, until the
next Regular Board Meeting on March 26, 2014 at 6:30 p.m.
02 /26 /2014 Minutes of Board Meeting Page 13 of 13