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HomeMy WebLinkAbout03-26-2014 Board Meeting Minutes03/26/2014 Orange County Sanitation District MINUTES BOARD MEETING March 26, 2014 Administration Building 10844 Ellis Avenue Fountain Valley, California 92708-7018 Minutes of Board Meeting Page 1 of 11 ROLL CALL A regular meeting of the Board of Directors of the Orange County Sanitation District was held on March 26, 2014, at 6:30 p.m., in the Administration Building. Director David Benavides 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 County Board of Supervisors Active Director Janet Nguyen Alternate Director Shawn Nelson AYES: NOES: ABSTENTIONS: ABSENT: Beamish; Benavides; Choi; Curry; Diep; Edgar; Ferryman; Hernandez; Jones; Kim; Kring; Levitt, Murdock; Nagel; Nelson; Nielsen; Reinhart (Alternate); Sebourn; Shawver; F. Smith; and T. Smith. None None Carchio; Nguyen; Reese; and Withers. 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 Joe Carchio x 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 x Lucille Kring Jordan Brandman x Michael Levitt Gordon Shanks x Brett Murdock Roy Moore x Steve Nagel Michael Vo A Prakash Narain Doug Bailey x Scott Nelson Constance Underhill x Janet Nguyen Shawn Nelson x John Nielsen Allan Bernstein 03/26/2014 Minutes of Board Meeting Page 2 of 11 A 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; Rob Thompson, 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; Jean Bettenhausen; Jennifer Cabral; Norbert Gaia; Kelly Lore; and Paula Zellar. OTHERS PRESENT: Brad Hagin, General Counsel; and John Collins (City of Fountain Valley) SPECIAL PRESENTATIONS: Chair Edgar called upon Director Nagel (Fountain Valley) and Fountain Valley Councilmember, John Collins to receive a Certificate of Commendation to the City of Fountain Valley from OCSD. Both, Director Nagel and Councilmember Collins, said a few words and thanked the District. PUBLIC COMMENTS: None. SPECIAL PRESENTATIONS (cont'd): Lorenzo Tyner, Director of Finance and Administrative Services, presented a service award to OCSD employee, Jean Bettenhausen, Data Management Technician, for 25 years of service. Ms. Bettenhausen said a few words and thanked the District. Ed Torres, Director of Operations and Maintenance, presented a service award to OCSD employee, Paula Zellar, Senior Plant Operator, for 25 years of service. Ms. Zellar said a few words and thanked the District. Alternate Director Sullivan arrived at 6:40 p.m. Director Nguyen arrived at 6:45 p.m. 03/26/2014 Minutes of Board Meeting Page 3 of 11 REPORTS: Chair Edgar reported on his trip to Sacramento last week which included various meetings with Senators and Assembly members to provide an update on the District's request to amend the District Act. (He informed the Board that he and the General Manager will be attending the Senate Governance and Finance Committee Hearing on April gth in Sacramento). The trip to Sacramento also included various meetings to discuss the opportunity of potentially sending the remaining 70mgd from Plant 2 to GWRS, and the Board's decision to pursue a feasibility study to determine if this is a possibility. The trip concluded with a ceremonial event honoring OCSD's 60th Anniversary in both the Assembly and Senate chambers during their floor sessions. He also reported that a trip to Washington DC is planned for he and Mr. Herberg to receive the U.S. Water Prize on behalf of the District, the dates for that trip will be April 6-8. Chair Edgar also reported on General Counsel's performance evaluation as per the last direction of the Board. The Chair and Vice-Chair met with general counsel. A follow-up report will be made in a few months. Chair Edgar thanked Director Choi for Irvine's celebration of Persian New Year. Jim Herberg, General Manager, reported on the following from his General Manager's Monthly Status Report: OCSD employee retirements; OCSD Plant 2 Headworks Replacement Project awards received; update on recent community outreach events; Chair Edgar being a panelist at the Waterreuse Conference in Newport Beach; the District is working on a 2-Year budget plan; upcoming presentations on the District's CIP 5-year plan; and the planned committee meetings as a result of the SAWPA Settlement agreement (Joint Operations Meeting, March 6, and Joint Policy Committee, April 23). At this point, Chair Edgar, called upon Alternate Director Dave Sullivan, to receive a Certificate of Commendation to the City of Huntington Beach from OCSD. Alternate Director Sullivan said a few words and thanked the 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: 02/15/14 02/28/14 Totals $ 6,038,612.07 $ 8,267, 177.05 03/26/2014 Minutes of Board Meeting Page 4of11 AYES: NOES: ABSTENTIONS: ABSENT: CONSENT CALENDAR: Beamish; Benavides; Choi; Edgar; Ferryman; Hernandez; Jones; Kim; Kring; Levitt; Murdock; Nagel; Nelson; Reinhart (Alternate); Shawver*; F. Smith; and T. Smith. None Curry; Diep; Nguyen; Nielsen; Sebourn; Sullivan (Alternate); and *Shawver abstains on Claim No. 63113. Narain and Reese. 3. MOVED, SECONDED, AND DULY CARRIED: Approve minutes for the Regular Board Meeting held on February 26, 2014. AYES: NOES: ABSTENTIONS: ABSENT: NON-CONSENT: Beamish; Benavides; Choi; Curry; Diep; Edgar; Ferryman; Hernandez; Jones; Kim; Kring; Levitt; Murdock; Nagel; Nelson; Nguyen; Nielsen; Reinhart (Alternate); Sebourn; Shawver; F. Smith; T. Smith; and Sullivan (Alternate). None None Narain and Reese. Rob Thompson, Director of Engineering, explained the criticality of the work to be performed, the bid results, and the contract being recommended for award. The Board held considerable discussion regarding this item, with staff and general counsel responding to questions. 4. MOVED, SECONDED, AND DULY CARRIED: Items A-H: A. Receive and file Addendum No. 2 to the Collection System Improvement Plan Program Environmental Impact Report for additional project analysis supporting the Newport Force Main Rehabilitation, Project No. 5-60; and B. Approve Plans and Specifications on file at the office of the Clerk of the Board; and 03/26/2014 Minutes of Board Meeting Page 5of11 C. Approve Addendum Nos. 1 through 5 to the plans and specifications; and D. Receive and file bid tabulation and recommendation; and E. Ratify withdrawal of low bid from Steve P. Rados, Inc. at their request due to inadvertent calculation error and return of their bid security as allowed under Public Contract Code §5100 et seq.; and F. Approve a budget increase of $5,931,000 for Newport Force Main Rehabilitation, Project No. 5-60, for a total budget amount of $51,719,000; and G. Award a construction contract to Kiewit Infrastructure West Company for Newport Force Main Rehabilitation, Project No. 5-60, for a total amount not to exceed $36,715,000; and H. Approve a contingency of $3,304,350 (9%). AYES: NOES: ABSTENTIONS: ABSENT: OPERATIONS COMMITTEE: Beamish; Benavides; Choi; Curry; Diep; Edgar; Ferryman; Hernandez; Jones; Kim; Kring; Levitt; Murdock; Nagel; Nelson; Nguyen*; Nielsen; Reinhart (Alternate); Sebourn; Shawver*; F. Smith; and T. Smith. *Nguyen on "G"; and Shawver on "G" Sullivan (Alternate) Narain and Reese. 5. MOVED, SECONDED, AND DULY CARRIED: Approve minutes for the Committee Meeting held on February 5, 2014 March 5, 2014. AYES: NOES: ABSTENTIONS: ABSENT: 03/26/2014 Beamish; Benavides; Choi; Curry; Diep; Edgar; Ferryman; Hernandez; Jones; Kim; Kring; Levitt; Murdock; Nagel; Nelson; Nguyen; Nielsen; Reinhart (Alternate); Sebourn; Shawver; F. Smith; T. Smith; and Sullivan (Alternate). None None Narain and Reese. Minutes of Board Meeting Page 6of11 6 . Item was pulled from Consent. 7. MOVED , SECONDED, AND DULY CARRIED: A. Approve a budget increase of $100 ,000 for a total project budget of $300,000, for Project No . SP-186, Plant No. 2 Digesters and Tunnels Seismic Hazard Evaluation, Risk Analysis and Mitigation Study; and B. Approve a Professional Services Agreement with Brown and Caldwell for providing Plant No. 2 Digesters and Tunnels Seismic Hazard Evaluation, Risk Analysis and Mitigation Study , Project No . SP-186 , for an amount not to exceed $284,069; and C. Approve a contingency of $9,500 (3.34%). AYES: Beamish; Benavides ; Choi; Curry; Diep; Edgar; Ferryman; Hernandez; Jones; Kim; Kring; Levitt ; Murdock; Nagel; Nelson; Nguyen; Nielsen; Reinhart (Alternate); Sebourn ; Shawver ; F. Smith; T. Smith ; and Sullivan (Alternate). NOES: None ABSTENTIONS: None ABSENT: Narain and Reese. NON-CONSENT: 6. MOVED, SECONDED, AND DULY CARRIED: Approve a contingency increase of $265,048 (8%) to the construction contract with Charles King Company, Inc . for the Balboa Trunk Sewer Rehabilitation , Project No . 5-47, for a total contingency of $662,620 (20%). AYES: NOES: ABSTENTIONS: ABSENT: 03 /26/2 014 Beamish; Benavides; Choi; Curry; Diep; Edgar; Ferryman; Jones; Kim; Kring; Levitt; Murdock; Nagel; Nguyen; Nielsen ; Reinhart (Alternate); Sebourn ; Shawver; F. Smith; T. Smith; and Sullivan (Alternate). Hernandez and Nelson None Narain and Reese. Minutes of Board Meeting Page 7 of 11 ADMINISTRATION COMMITTEE: Corrections to the Minutes of March 12 , 2014 were made to reflect V ice-Chair Beamish and Director Nelson as being present. 11. MOVED, SECONDED, AND DULY CARRIED: Approve corrected minutes for the Committee Meeting held on February 19 , 2014 March 12 , 2014 . AYES: NOES: ABSTENTIONS: ABSENT: Beamish ; Benavides; Choi ; Curry ; Diep; Edgar; Ferryman ; Hernandez ; Jones ; Kim ; Kring; Levitt ; Murdock ; Nagel; Nelson ; Nielsen ; Reinhart (Alternate); Sebourn; Shawver; F. Smith; T. Smith; and Sullivan (Alternate). None Nguyen Narain and Reese. 9 . MOVED , SECONDED , AND DULY CARRIED: Adopt Resolution No. OCSD 14- 03 , adopting a Conflict of Interest Code which supersedes all prior Conflict of Interest Codes and amendments previously adopted . AYES: NOES: ABSTENTIONS: ABSENT: Beamish ; Benavides ; Choi ; Curry ; Diep ; Edgar; Ferryman ; Hernandez ; Jones; Kim; Kring; Levitt ; Murdock; Nagel ; Nelson ; Nguyen ; Nielsen ; Reinhart (Alternate); Sebourn ; Shawve r; F. Smith ; T. Smith ; and Sull ivan (Alternate). None None Narain and Reese . 10 . MOVED, SECONDED , AND DULY CARRIED: Approve Service Contract to provide services for industrial hygiene, S-2013-590BD for a one-year plus four opt ional renewa ls effective July 1, 2014, for an amount not to exceed $500 ,000 with the following firm: Arcadis U.S ., Inc. AYES: NOES: 03 /26 /2 014 Beamish ; Benavides ; Choi ; Curry ; Diep ; Edgar; Ferryman; Hernandez; Jones; Kim; Kring; Levitt; Murdock ; Nagel; Nelson; Nguyen ; Nielsen ; Reinhart (Alternate); Sebourn; Shawver; F. Smith ; T. Smith; and Sullivan (Alternate). None Minutes of Board Meeting Page 8 of 11 ABSTENTIONS: None ABSENT: Narain and Reese . 11 . MOVED, SECONDED , AND DULY CARRIED : Adopt Resolution No. OCSD 14- 04, A Reso lution of the Board of Directors of the Orange County San itation District Adopting a Revised Policy Regarding Board of Directors ' Expense Reimbursement and Meeting Attendance and Compensation and Repealing Resolution No . OCSD 06-11. AYES: NOES: ABSTENTIONS: ABSENT: NON-CONSENT: Beamish ; Benavides ; Cho i; Curry ; Diep ; Edgar; Ferryman; Hernandez; Jones; Kim ; Kring; Levitt; Murdock; Nagel ; Nelson; Nielsen; Reinhart (Alternate); Sebourn ; Shawver ; F. Smith ; T. Sm ith ; and Sullivan (Alternate). None Nguyen Narain and Reese. 12 . MOVED , SECONDED , AND DULY CARRIED : A. Introduce Ordinance No. OCSD-45, entitled "An Ordinance of the Board of Directors of Orange County Sanitation District Amending Ordinance No . OCSD-34 Pertain ing to the Compensation of the Members of the board of Directors "; and B. Motion to read Ordinance No . OCSD -45 by title only and waive reading of said entire Ordinance on March 26, 2014; and C. Set April 23 , 2014 , as the date of the Public Hearing to hear protests and for the second reading and adoption of Ordinance No . OCSD-45. D. Direct the Clerk of the Board to publish summaries of the Ordinance as required by law. AYES: Beamish ; Benav ides ; Choi ; Curry ; Diep; Edgar; Ferryman; Hernandez; Jones; Kim; Kring; Levitt ; Murdock; Nagel ; Nelson ; Nguyen ; Nielsen ; Reinhart (Alternate); Sebourn; Shawver; F . Smith ; T. Smith; and Sullivan (Alternate). 03/26/2 014 Minutes of Board Meetin g Pa ge 9 of 11 NOES: None ABSTENTIONS: None ABSENT: Narain and Reese . STEERING COMMITTEE: 13. MOVED , SECONDED , AND DULY CARRIED : Approve minutes for the Stee r ing Committee Meeting held on February 26 , 2014 . AYES: NOES: ABSTENTIONS: ABSENT: Beamish ; Benavides ; Choi ; Curry ; Diep ; Edgar; Ferryman ; Hernandez; Jones ; Kim ; Kring ; Levitt ; Murdock; Nagel; Nelson; Nguyen ; Nielsen; Reinhart (Alternate); Sebourn ; Shawve r; F . Smith ; T. Smith ; and Sullivan (Alternate). None None Narain and Reese . LEGISLATIVE AND PUBLIC AFFAIRS SPECIAL COMMITTEE: 14 . MOVED , SECONDED , AND DULY CARRIED: Receive and file the minutes of the March 10 , 2014 meeting of the Legislative and Public Affairs Special Committee . AYES: NOES: ABSTENTIONS: ABSENT: 03 /26/2 014 Beamish; Benavides ; Choi; Curry; Diep ; Edgar; Ferryman; Hernandez ; Jones; Kim ; Kring ; Levitt; Murdock; Nagel ; Nelson ; Nguyen ; Nielsen ; Reinhart (Alternate); Sebourn; Shawver; F. Smith; T. Smith ; and Sullivan (Alternate). None None Narain and Reese . Minutes of Board Meeting Page 10of11 15 . MOVED, SECONDED, AND DULY CARRIED: Approve the Orange County Sanitation District 2014 Legislative Platform. AYES: NOES: ABSTENTIONS: ABSENT: AB 1234 REPORTS: Beamish; Benavides; Choi ; Curry; Diep; Edgar; Ferryman; Hernandez; Jones; Kim; Kring; Levitt; Murdock; Nagel; Nelson; Nguyen; Nielsen; Reinhart (Alternate); Sebourn; Shawver; F. Smith; T. Smith; and Sullivan (Alternate). None None Narain and Reese. Director Ferryman reported that OCCOG will not be having a meeting this month, but he will be attending a meeting in San Diego for the Borders Committee. CLOSED SESSION None. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: Director Levitt asked staff to look into how the District may communicate the initiatives from GWRS that help with the water drought. ADJOURNMENT: The Chair adjourned the meeting at 7:40 p.m., until the next Regular Board Meeting on April 23, 2014 at 6:30 p .m. 03 /26/2014 Minutes of Board Meeting Page 11 of 11