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HomeMy WebLinkAbout12-16-2015 Board Meeting Minutes12/16/2015 Orange County Sanitation District MINUTES BOARD MEETING December 16, 2015 Administration Building 10844 Ellis Avenue Fountain Valley, California 92708-7018 Minutes of Board Meeting Page 1 of 12 ROLL CALL A regular meeting of the Board of Directors of the Orange County Sanitation District was held on December 16, 2015, at 6:03 p.m., in the Administration Building. Director Curry delivered the invocation and led the Pledge of Allegiance. 1. Receive and file Minute Excerpts of member agencies relating to appointments to the Orange County Sanitation District Board, as follows: City I Agency Midway City Sanitary District Anaheim Cypress La Habra Los Alamitos Active Director Joy Neugebauer Lucille Kring Mariellen Yarc Tom Beamish Richard Murphy Alternate Director Al Krippner James Vanderbilt Stacy Berry Tim Shaw Shelley Hasselbrink The Clerk of the Board declared a quorum present as follows: ACTIVE DIRECTORS ALTERNATE DIRECTORS x John Nielsen, Chair Allan Bernstein A Gregory Sebourn, Vice Chair Doug Chaffee A Lisa Bartlett Michelle Steel x Tom Beamish Tim Shaw x Steven Choi Lynn Schott x Keith Curry Scott Peotter x Ellery Deaton Sandra Massa-Lavitt x Joy Neugebauer Al Krippner x James M. Ferryman Bob Ooten x Steven Jones Kris Beard Jim Katapodis x Erik Peterson x Robert Kiley Michael Beverage x Peter Kim Michele Steggell x Lucille Kring Jordan Brandman x Greg Mills Robert Collacott x Richard Murphy Shelley Hasselbrink x Steve Nagel Michael Vo x Glenn Parker Cecilia Hupp x David Shawver Carol Warren x Fred Smith Steve Berry Teresa Smith x Mark Murphy x Sal Tinajero David Benavides Chad Wanke x Constance Underhill x John Withers Douglas Reinhart x Mariellen Yarc Stacy Berry 12/16/2015 Minutes of Board Meeting Page 2of12 STAFF MEMBERS PRESENT: Jim Herberg, General Manager; Bob Ghirelli, Assistant General Manager; Lorenzo Tyner, Director of Finance & Administrative Services; Rob Thompson, Director of Engineering; Celia Chandler, Director of Human Resources; Nick Arhontes, Director of Facility Support Services; Ed Torres, Director of Operations & Maintenance; Kelly Lore, Clerk of the Board; Jennifer Cabral; Ann Crafton; Dean Fisher; Norbert Gaia; Al Garcia; Jeff Mohr; Gary Prater; Gina Tesch and Paula Zeller. OTHERS PRESENT: Brad Hagin (General Counsel); James Clark, Black & Veatch; James Finete, Savage Finete; Al Krippner (Alternate Director MCSD); Sandra Massa- Levitt (Alternate Director Seal Beach); Lisa Ohlund, EOCWD; and Bob Ooten (Alternate Director CMSD). PUBLIC COMMENTS: Chair Nielsen announced that written communication had been received by the Clerk of the Board from Mr. Carl Perkins and Mr. John Sears regarding Item 20 and a copy had been included in the Director folders. No other public comments were provided. SPECIAL PRESENTATIONS: • Employee Service Awards Chair Nielsen introduced Director of Operations and Maintenance, Ed Torres who presented a 30 year service award to Jeff Key, Division 870 Maintenance Specialist. REPORTS: Chair Nielsen announced the appointment of Director Peter Kim to the Legislative and Public Affairs (LAPA) Committee and also provided a brief update from the LAPA Committee Meeting including: Legislative Plan for 2016, highlights from 2015 and the upcoming 2016/17 Outreach Plan. General Manager Jim Herberg announced the OCSD Administrative offices would be closed for the holidays on December 24, 25 and· January 1; and stated there was a holiday gift mug provided for each Board member. He then referenced the Outreach Material also provided tonight, which is a follow up to the informational presentation on OCSD's Community Outreach program. Mr. Herberg stated that longtime employee, "Kit" Kittrell had passed away after working for the Sanitation District for almost 29 years as a Construction Inspector. Chair Nielsen will adjourn tonight's meeting in his memory. 12/16/2015 Minutes of Board Meeting Page 3 of 12 CONSENT CALENDAR: 2. APPROVAL OF MINUTES (Clerk of the Board) MOVED, SECONDED, AND DULY CARRIED TO: Approve the minutes of the Regular Board of Directors Meeting held on November 18, 2015. AYES: NOES: ABSTENTIONS: ABSENT: Beamish; Choi; Curry; Deaton; Ferryman; Jones; Kiley; Kim; Kring; Mills; R. Murphy; Nagel; Neugebauer; Nielsen; Parker; Peterson (Alternate);Shawver; F. Smith; Tinajero; Underhill (Alternate); Withers and Yarc None M. Murphy (Alternate) Bartlett and Sebourn 3. REHABILITATION OF DIGESTER MIXING PUMPS AT P2 DIGESTERS E, H, R, S, and T, PROJECT NO. FE14-03 (Rob Thompson) MOVED, SECONDED, AND DULY CARRIED TO: A. Receive and file bid tabulation and recommendation; B. Award a construction contract to Tharsos, Inc. for Rehabilitation of Digester Mixing Pumps at P2 Digesters E, H, R, S, and T, Project No. FE14-03, for a total amount not to exceed $594,000; and C. Approve a contingency of $118,800 (20%). AYES: NOES: ABSTENTIONS: ABSENT: Beamish; Choi; Curry; Deaton; Ferryman; Jones; Kiley; Kim; Kring; Mills; M. Murphy (Alternate); R. Murphy; Nagel; Neugebauer; Nielsen; Parker; Peterson (Alternate);Shawver; F. Smith; Tinajero; Underhill (Alternate); Withers and Yarc None None Bartlett and Sebourn 4. PAYMENT OF ANNUAL OCEAN DISCHARGE PERMIT FEE (Rob Thompson) MOVED, SECONDED, AND DULY CARRIED TO: Approve payment in an amount not to exceed $571,286 to the State Water Resources Control Board for annual permit fees for the ocean discharge permit. AYES: NOES: ABSTENTIONS: ABSENT: 12/16/2015 Beamish; Choi; Curry; Deaton; Ferryman; Jones; Kiley; Kim; Kring; Mills; M. Murphy (Alternate); R. Murphy; Nagel; Neugebauer; Nielsen; Parker; Peterson (Alternate);Shawver; F. Smith; Tinajero; Underhill (Alternate); Withers and Yarc None None Bartlett and Sebourn Minutes of Board Meeting Page 4 of 12 OPERATIONS COMMITTEE: 5. APPROVAL OF MINUTES (Clerk of the Board) MOVED, SECONDED, AND DULY CARRIED TO: Approve Minutes of the December 2, 2015, Operations Committee Meeting. AYES: NOES: ABSTENTIONS: ABSENT: Beamish; Choi; Curry; Deaton; Ferryman; Jones; Kiley; Kim; Kring; Mills; M. Murphy (Alternate); R. Murphy; Nagel; Neugebauer; Nielsen; Parker; Peterson (Alternate);Shawver; F. Smith; Tinajero; Underhill (Alternate); Withers and Yarc None None Bartlett and Sebourn 6. GISLER-REDHILL SYSTEM IMPROVEMENTS, REACH B, PROJECT NO. 7-37 (Rob Thompson) MOVED, SECONDED, AND DULY CARRIED TO: A. Approve a Professional Construction Services Agreement with Tetra Tech, Inc., for providing construction support services for Gisler-Redhill System Improvements, Reach B, Project No. 7-37, in an amount not to exceed $270,000; and B. Approve a contingency of $27,000 (10%). AYES: NOES: ABSTENTIONS: ABSENT: Beamish; Choi; Curry; Deaton; Ferryman; Jones; Kiley; Kim; Kring; Mills; M. Murphy (Alternate); R. Murphy; Nagel; Neugebauer; Nielsen; Parker; Peterson (Alternate);Shawver; F. Smith; Tinajero; Underhill (Alternate); Withers and Yarc None None Bartlett and Sebourn 7. 15th STREET, ROCKY POINT PUMP STATION (RPPS) AND BITTER POINT PUMP STATION (BPPS) FALL PROTECTION IMPROVEMENTS, PROJECT NO. FE12-05 (Rob Thompson) MOVED, SECONDED, AND DULY CARRIED TO: Approve a construction contingency increase of $24,638 (15%) to the construction contract with Jamison Engineering Contractors, Inc., for 15th St., RPPS and BPPS Fall Protection Improvements, Project No. FE12-05, for a total contingency of $41,063 (25%). AYES: 12/16/2015 Beamish; Choi; Curry; Deaton; Ferryman; Jones; Kiley; Kim; Kring; Mills; M. Murphy (Alternate); R. Murphy; Nagel; Neugebauer; Nielsen; Parker; Peterson (Alternate);Shawver; F. Smith; Tinajero; Underhill (Alternate); Withers and Yarc Minutes of Board Meeting Page 5 of 12 NOES: ABSTENTIONS: ABSENT: None None Bartlett and Sebourn 8. JANITORIAL & FLOOR MAINTENANCE SERVICES CONTRACT (Ed Torres) MOVED, SECONDED, AND DULY CARRIED TO: A. Approve a Service Agreement with Gamboa Services, Inc., OBA Corporate Image Maintenance, the lowest responsive and responsible bidder, for Janitorial & Floor Maintenance Service at Plants 1 & 2, Specification No. S- 2015-730BD, for the period February 1, 2016 through January, 2017 for an amount not to exceed $345,700 with four (4), one-year renewal options; and B. Approve an annual contingency of $34,570.00 (10%) aggregately per year. AYES: NOES: ABSTENTIONS: ABSENT: Beamish; Choi; Curry; Deaton; Ferryman; Jones; Kiley; Kim; Kring; Mills; M. Murphy (Alternate); R. Murphy; Nagel; Neugebauer; Nielsen; Parker; Peterson (Alternate);Shawver; F. Smith; Tinajero; Underhill (Alternate); Withers and Yarc None None Bartlett and Sebourn 9. DIGESTER CLEANING AND DISPOSAL CONTRACT (Ed Torres) MOVED, SECONDED, AND DULY CARRIED TO: A. Approve a Service Agreement with Synagro-WWT, the lowest responsive and responsible bidder, for Digester Cleaning and Disposal, Specification No. S-2015-719BD, for the period February 1, 2016 through January 31, 2017 for an amount not to exceed $1,160,000, with four one-year renewal options; and B. Approve an annual contingency of $116,000 (10%) aggregately per year. AYES: NOES: ABSTENTIONS: ABSENT: Beamish; Choi; Curry; Deaton; Ferryman; Jones; Kiley; Kim; Kring; Mills; M. Murphy (Alternate); R. Murphy; Nagel; Neugebauer; Nielsen; Parker; Peterson (Alternate);Shawver; F. Smith; Tinajero; Underhill (Alternate); Withers and Yarc None None Bartlett and Sebourn 10. 2015 AUDIT REPORT OF OCSD'S SANITARY SEWER SYSTEM MANAGEMENT PLAN (Nick Arhontes) MOVED, SECONDED, AND DULY CARRIED TO: Receive and file the 2015 Waste Discharge Requirements (WDR) for Sanitary Sewer System Management Plan Audit Report dated July 31, 2015. 12/16/2015 Minutes of Board Meeting Page 6of12 AYES: NOES: ABSTENTIONS: ABSENT: Beamish; Choi; Curry; Deaton; Ferryman; Jones; Kiley; Kim; Kring; Mills; M. Murphy (Alternate); R. Murphy; Nagel; Neugebauer; Nielsen; Parker; Peterson (Alternate);Shawver; F. Smith; Tinajero; Underhill (Alternate); Withers and Yarc None None Bartlett and Sebourn 11. REPAIR TO MANHOLE STRUCTURES OF WARNER AVENUE RELIEF SEWER, SPECIFICATION FR12-003 -CHANGE ORDER RATIFICATION (Nick Arhontes) MOVED. SECONDED. AND DULY CARRIED TO: Ratify Change Order No. 3 to the Repair to Manhole Structures of Warner Avenue Relief Sewer, Specification No. FR 12-003, with Mode Engineering, authorizing an additional $54,884 increasing the total contract amount to $846,357. AYES: NOES: ABSTENTIONS: ABSENT: Beamish; Choi; Curry; Deaton; Ferryman; Jones; Kiley; Kim; Kring; Mills; M. Murphy (Alternate); R. Murphy; Nagel; Neugebauer; Nielsen; Parker; Peterson (Alternate);Shawver; F. Smith; Tinajero; Underhill (Alternate); Withers and Yarc None None Bartlett and Sebourn 12. BIOSOLIDS MASTER PLAN, PROJECT PS15-01 (Rob Thompson) MOVED. SECONDED. AND DULY CARRIED TO: A. Approve a Professional Services Agreement with Black & Veatch to provide professional services for Biosolids Master Plan, Project No. PS15-01, for an amount not to exceed $2,965,556; and, B. Approve a contingency of $296,556 (10%). AYES: NOES: ABSTENTIONS: ABSENT: Beamish; Choi; Curry; Deaton; Ferryman; Jones; Kiley; Kim; Kring; Mills; M. Murphy (Alternate); R. Murphy; Nagel; Neugebauer; Nielsen; Parker; Peterson (Alternate);Shawver; F. Smith; Tinajero; Underhill (Alternate); Withers and Yarc None None Bartlett and Sebourn 13. DOVER DRIVE TRUNK SEWER RELIEF, PROJECT NO. 5-63 (Rob Thompson) MOVED, SECONDED. AND DULY CARRIED TO: Approve a contingency increase of $596,000 (9.63%) to the construction contract with Mike Bubalo Construction Co., Inc. for the Dover Drive Trunk Sewer Relief, Project No. 5-63, for a total contingency of $2,452,700 (39.63%). 12/16/2015 Minutes of Board Meeting Page 7of12 AYES: NOES: ABSTENTIONS: ABSENT: Beamish; Choi; Curry; Deaton; Ferryman; Jones; Kiley; Kim; Kring; Mills; M. Murphy (Alternate); R. Murphy; Nagel; Neugebauer; Nielsen; Parker; Peterson (Alternate);Shawver; F. Smith; Tinajero; Underhill (Alternate); Withers and Yarc None None Bartlett and Sebourn ADMINISTRATION COMMITTEE: 14. APPROVAL OF MINUTES (Clerk of the Board) MOVED, SECONDED, AND DULY CARRIED TO: Approve minutes of the November 12, 2015 meeting of the Administration Committee Meeting. AYES: NOES: ABSTENTIONS: ABSENT: Beamish; Choi; Curry; Deaton; Ferryman; Jones; Kiley; Kim; Kring; Mills; M. Murphy (Alternate); R. Murphy; Nagel; Neugebauer; Nielsen; Parker; Peterson (Alternate);Shawver; F. Smith; Tinajero; Underhill (Alternate); Withers and Yarc None None Bartlett and Sebourn 15. INVEST AND/OR REINVEST DISTRICT'S FUNDS (Lorenzo Tyner) MOVED, SECONDED, AND DULY CARRIED TO: Adopt Resolution No. OCSD 15-25, entitled "A Resolution of the Board of Directors of the Orange County Sanitation District, Authorizing the Orange County Sanitation District's Treasurer to Invest and/or Reinvest District's Funds; Adopting District's Investment Policy Statement and Performance Benchmarks for calendar year 2016; and Repealing Resolution No. OCSD 14-20." AYES: NOES: ABSTENTIONS: ABSENT: Beamish; Choi; Curry; Deaton; Ferryman; Jones; Kiley; Kim; Kring; Mills; M. Murphy (Alternate); R. Murphy; Nagel; Neugebauer; Nielsen; Parker; Peterson (Alternate);Shawver; F. Smith; Tinajero; Underhill (Alternate); Withers and Yarc None None Bartlett and Sebourn 16. CONFLICT OF INTEREST CODE (Clerk of the Board) MOVED, SECONDED, AND DULY CARRIED TO: Adopt Resolution No. OCSD 15-26 entitled, "A Resolution of the Board of Directors of Orange County Sanitation District adopting a Conflict of Interest Code which supersedes all prior Conflict of Interest Codes and amendments previously adopted." 12/16/2015 Minutes of Board Meeting Page 8of12 AYES: NOES: ABSTENTIONS: ABSENT: STEERING COMMITTEE: Beamish; Choi; Curry; Deaton; Ferryman; Jones; Kiley; Kim; Kring; Mills; M. Murphy (Alternate); R. Murphy; Nagel; Neugebauer; Nielsen; Parker; Peterson (Alternate);Shawver; F. Smith; Tinajero; Underhill (Alternate); Withers and Yarc None None Bartlett and Sebourn 17. APPROVAL OF MINUTES (Clerk of the Board) MOVED, SECONDED, AND DULY CARRIED TO: Approve minutes of the November 18, 2015 meeting of the Steering Committee. AYES: NOES: ABSTENTIONS: ABSENT: Beamish; Choi; Curry; Deaton; Ferryman; Jones; Kiley; Kim; Kring; Mills; M. Murphy (Alternate); R. Murphy; Nagel; Neugebauer; Nielsen; Parker; Peterson (Alternate);Shawver; F. Smith; Tinajero; Underhill (Alternate); Withers and Yarc None None Bartlett and Sebourn 18. ADOPTION OF UPDATED RESOLUTION ON RULES OF PROCEDURE (Bob Ghirelli) MOVED, SECONDED, AND DULY CARRIED TO: Adopt Resolution No. OCSD 15-27, entitled, "A Resolution of the Board of Directors of Orange County Sanitation District Fixing and Establishing Rules of procedure for the Conduct of Business of the District, and Repealing Resolution No. OCSD 15-01." AYES: NOES: ABSTENTIONS: ABSENT: Beamish; Choi; Curry; Deaton; Ferryman; Jones; Kiley; Kim; Kring; Mills; M. Murphy (Alternate); R. Murphy; Nagel; Neugebauer; Nielsen; Parker; Peterson (Alternate);Shawver; F. Smith; Tinajero; Underhill (Alternate); Withers and Yarc None None Bartlett and Sebourn 19. STRATEGIC PLAN UPDATE (Bob Ghirelli) MOVED, SECONDED, AND DULY CARRIED TO: A Approve the Strategic Plan Update dated December 2015; and B. Direct staff to implement the goals and levels of service contained in the Plan. AYES: Beamish; Choi; Curry; Deaton; Ferryman; Jones; Kiley; Kim; Kring; Mills; M. Murphy (Alternate); R. Murphy; Nagel; 12/16/2015 Minutes of Board Meeting Page 9 of 12 NOES: ABSTENTIONS: ABSENT: Neugebauer; Nielsen; Parker; Peterson (Alternate);Shawver; F. Smith; Tinajero; Underhill (Alternate); Withers and Yarc None None Bartlett and Sebourn 20. AMENDMENT NO. 2 TO LOCAL SEWER FACILITIES TRANSFER AGREEMENT WITH EAST ORANGE COUNTY WATER DISTRICT (Nick Arhontes) MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: Approve Amendment No. 2 to the Local Sewer Facilities Transfer Agreement (Transfer Agreement) with East Orange County Water District (EOCWD) regarding the transfer of local sewers in Service Area. AYES: NOES: ABSTENTIONS: ABSENT: Beamish; Choi; Curry; Deaton; Ferryman; Jones; Kiley; Kim; Kring; Mills; M. Murphy (Alternate); R. Murphy; Nagel; Neugebauer; Nielsen; Parker; Peterson (Alternate);Shawver; F. Smith; Tinajero; Underhill (Alternate); Withers and Yarc None None Bartlett and Sebourn LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE: 21. APPROVAL OF 2016 LEGISLATIVE PLAN (Bob Ghirelli) MOVED, SECONDED, AND DULY CARRIED TO: Approve the Orange County Sanitation District 2016 Legislative Plan as amended. AYES: NOES: ABSTENTIONS: ABSENT: Beamish; Choi; Curry; Deaton; Ferryman; Jones; Kiley; Kim; Kring; Mills; M. Murphy (Alternate); R. Murphy; Nagel; Neugebauer; Nielsen; Parker; Peterson (Alternate);Shawver; F. Smith; Tinajero; Underhill (Alternate); Withers and Yarc None None Bartlett and Sebourn NON-CONSENT CALENDAR: Director of Engineering Rob Thompson provided a brief background of the bidding process and information regarding the only bid received on this project. 22. GISLER-REDHILL SYSTEM IMPROVEMENTS, REACH B, CONTRACT NO. 7-37 (Rob Thompson) 12/16/2015 Minutes of Board Meeting Page 10 of 12 MOVED, SECONDED, AND DULY CARRIED TO: A. Receive and file Addendum to the 1999 OCSD Strategic Plan Program Environmental Impact Report for additional project analysis for the Gisler-Redhill System Improvements, Reach B, Contract No. 7-37; B. Receive and file bid tabulation and recommendation; C. Award a Construction Contract to Kiewit Infrastructure West Company for Gisler-Redhill System Improvements, Reach B, Contract No. 7-37, for a total amount not to exceed $15,432,000; and D. Approve a contingency of $1,543,200 (10%). AYES: NOES: ABSTENTIONS: ABSENT: Beamish; Choi; Curry; Deaton; Ferryman; Jones; Kiley; Kim; Kring; Mills; M. Murphy (Alternate); R. Murphy; Nagel; Neugebauer; Nielsen; Parker; Peterson (Alternate);Shawver; F. Smith; Tinajero; Underhill (Alternate); Withers and Yarc None None Bartlett and Sebourn AB 1234 REPORTS: Director Ferryman provided a report on the OCCOG meeting he attended on November. 20th where the following was discussed: Strategic Plan; solicitation of a New Executive Director to be completed by March 16, 2016; and a Complete Streets report by Dec 18, 2015. INFORMATION ITEMS: None. CLOSED SESSION: CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS: 54956.9(d)(1) The Board convened in closed session at 6:21 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 Session Meetings. RECONVENED IN REGULAR SESSION: The Board reconvened in regular session at 6:27 p.m. 12/16/2015 Minutes of Board Meeting Page 11of12 CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED SESSION: General Counsel, Brad Hagin reported that in Closed Session the Board unanimously authorized a settlement of the workers' compensation claim for Dan Nicolas and approved the Compromise and Release (C&R) agreement to resolve the accepted injury claim and subsequent claim referenced for bilateral upper extremities inclusive of nervous system and cervical spine and including all future medical costs in the amount of $75,000. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IFANY: Director Shawver wished everyone a very Happy Holiday, and Chair Nielsen wished Director Fred Smith a very Happy Birthday . ADJOURNMENT: At 6:30 p .m. Chair Nielsen adjourned the meeting until the Regular Board Meeting on January 27, 2016 at 6:00 p.m . in memory of Everette "Kit" Kittrell. 12/16/2015 Minutes of Board Meeting Page 12of12