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08/22/12 Minutes of Board Meeting Page 1 of 6
Orange County Sanitation District
MINUTES
BOARD MEETING
August 22, 2012
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 August 22, 2012, at 6:30 p.m., in the Administration Building. Following the
invocation and Pledge of Allegiance, a quorum was declared present by the Associate
Clerk of the Board as follows:
ACTIVE DIRECTORS ALTERNATE DIRECTORS
X Troy Edgar, Chair Gerri Graham-Mejia
X John Anderson, Vice Chair Jim Winder
X Tom Beamish Rose Espinoza
X Joe Carchio Devin Dwyer
X Larry Crandall Steve Nagel
A Bill Dalton Kris Beard
X Jon Dumitru Denis Bilodeau
X Gail Eastman Harry Sidhu
X James M. Ferryman Bob Ooten
X Jeffrey Lalloway Steven Choi
A Michael Levitt Gordon Shanks
X Prakash Narain Doug Bailey
X Scott Nelson Constance Underhill
X Joy Neugebauer Al Krippner
X Janet Nguyen Shawn Nelson
X John Nielsen Jerry Amante
X Gregory Sebourn Pat McKinley
X Brad Reese Rick Barnett
X Steven Rosansky Nancy Gardner
X Don Schweitzer Ron Garcia
X David Shawver Carol Warren
X Fred Smith Steve Berry
X Sal Tinajero David Benavides
X Mark Waldman Steven Hwangbo
X John Withers Douglas Reinhart
STAFF MEMBERS PRESENT: Jim Ruth, General Manager; Bob Ghirelli, Assistant
General Manager; Jim Herberg, Assistant General Manager; 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; Maria E. Ayala, Clerk of the Board; Cindi Ambrose; Rich Castillon;
Jim Colston; Norbert Gaia; Elaine Galvez; Nakeisha Turner; and Paula Zellar.
OTHERS PRESENT: Brad Hogin, General Counsel; Drew Kolosky; Chris Marks; and
Jeff Thurber.
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PUBLIC COMMENTS:
Chair Edgar announced that the public comment requests would be heard at the time
that Agenda Item No. 11 would be considered, as both requests were speaking to that
particular item.
REPORTS:
Chair Edgar welcomed new OCSD Board Director Gregory Sebourn from the City of
Fullerton. Director Sebourn replaces former Director Sharon Quirk-Silva.
Chair Edgar announced that today is Director Withers birthday and wished him well. He
announced that the recent Open House received over 1,200 people in attendance and
over 600 tours provided. Chair Edgar also briefly reported on the Sanitation District’s
recent Open House.
Ed Torres, Director of Operations and Maintenance, introduced Elaine Galvez,
Laboratory Assistant. He presented her with a service award for her 20 years of service
to the Sanitation District.
Jim Ruth, General Manager, reported on the following from his General Manager’s
Monthly Status Report: save the dates of October 17 for the Sanitation District’s
Strategic Plan Update Workshop, and October 18 for the Secondary Treatment
Celebration; and an auditing firm was recently hired for SAWPA.
Jim Herberg, Assistant General Manager, gave an informative presentation on the
Ground Water Replenishment System.
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: 07/15/12 07/31/12
Totals $6,728,548.85 $53,062,575.29
Directors Dumitru, Edgar, Nguyen, Nielsen, and Sebourn abstained.
CONSENT CALENDAR: Consent Calendar Items are considered to be routine and will be enacted,
by the Board of Directors, after one motion, without discussion. Any items withdrawn from the Consent
Calendar for separate discussion will be considered in the regular order of business.
2. MOVED, SECONDED, AND DULY CARRIED: Approve minutes for the Regular
Board Meeting held on July 25, 2012.
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3. MOVED, SECONDED, AND DULY CARRIED: Authorize the General Manager to
approve Amendment No. 7 to extend the agreement with Air Products and
Chemicals, Inc., for Private Operation and Maintenance of Oxygen Generation
System at Plant No. 2, Purchase Order 43063-OB for an additional five (5) month
period beginning retroactively August 1, 2012, through December 31, 2012, at no
additional cost to the District.
4. MOVED, SECONDED, AND DULY CARRIED: Authorize the General Counsel to appear
and represent the interest of the Orange County Sanitation District in the matter of City
of Brea v. State of California, Sacramento County Superior Court Case No. 34-2012-
8000-1204.
STEERING COMMITTEE:
5. MOVED, SECONDED, AND DULY CARRIED: Approve minutes of the July 25,
2012, Steering Committee Meeting.
6. MOVED, SECONDED, AND DULY CARRIED: Decline Proposal from EnerTech
to Enter into a New Agreement for Management of Biosolids.
OPERATIONS COMMITTEE:
7. MOVED, SECONDED, AND DULY CARRIED: Approve minutes of the August 1,
2012, Steering Committee Meeting.
8. MOVED, SECONDED, AND DULY CARRIED: Approve a contingency increase
of $79,540 (10%) to the Professional Design Services Agreement with AECOM
Technical Services for the Balboa Trunk Sewer Rehabilitation, Project No. 5-47,
for a total contingency of $159,280 (20%).
9. MOVED, SECONDED, AND DULY CARRIED: Approve a contingency increase
of $266,248 (13%) to the construction contract with J. Fletcher Creamer & Son,
Inc., for Interplant Gas Line Rehabilitation, Project No. J-106, for a total
contingency of $409,612 (20%)
10. MOVED, SECONDED, AND DULY CARRIED: Approve a budget increase of
$97,000 for Central Generation Automation, Project J-79-1, for a total budget
amount of $23,443,000.
NON-CONSENT:
At this time, public comment requests were heard as follows:
Chris Marks (Terra Renewal)
Mr. Marks read a statement submitted to the Board regarding Terra Renewal’s concerns
over the awarding of the contract in Item 11.
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Jeff Thurber (Terra Renewal)
Mr. Thurber expressed his concerns over the Sanitation District’s procurement process.
Mr. Herberg provided a brief follow-up informative on this item as a result of the
discussion from the Operations Committee Meeting earlier in the month. Mr. Herberg
also responded to various questions from the Board.
11. A. MOVED, SECONDED, AND DULY CARRIED: Receive and file Statement
of Complaint for the Recommendation of Biosolids Management Contract
Award letter dated July 12, 2012 from Terra Renewal West LLC protesting
award to Tule Ranch;
B. Receive and file letter dated July 23, 2012 to Terra Renewal West LLC
responding to the Statement of Complaint; and,
C. Approve a contract with Tule Ranch to manage the Orange County
Sanitation District’s biosolids from Reclamation Plant No. 1 and Treatment
Plant No. 2 for land application and/or landfill disposal (Specification No.
S-2011-513BD), for the period commencing on January 1, 2013 through
December 31, 2017, with one five-year renewal option, for the unit price of
$54.50 per ton for land application, for a total annual amount not to
exceed $19,000,000.
CLOSED SESSION:
CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE
SECTIONS: 54956.9(a)
The Board convened in closed session at 7:21 p.m. to discuss one item. 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.
RECONVENE IN REGULAR SESSION: The Committee reconvened in regular session
at 7:40 p.m.
CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED
SESSION:
No report from closed session.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA
ITEMS, IF ANY:
Vice-Chair Anderson and Director Crandall each reported on attending the CASA
Conference.
ADJOURNMENT:
The Chair declared the meeting adjourned at 7:10 p.m. until the next regular meeting on
September 26, 2012, at 6:30p.m.
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Clerk of the Board
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