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Orange County Sanitation District
MINUTES
BOARD MEETING
February 27, 2013
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 February 27, 2013, at 6:30 p.m., in the Administration Building. Director Greg
Sebourn provided 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
A James M. Ferryman Bob Ooten
X Steven Jones Kris Beard
X Peter Kim Gerard Goedhart
X Lucille Kring Jordan Brandman
X Michael Levitt Gordon Shanks
X Brett Murdock Christine Marick
X Steve Nagel Mark McCurdy
X Prakash Narain Doug Bailey
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 Joe Shaw Joe Carchio
X David Shawver Carol Warren
X Fred Smith Steve Berry
X Teresa Smith Mark Murphy
X John Withers Douglas Reinhart
STAFF MEMBERS PRESENT: Jim Ruth, General Manager; Bob Ghirelli, Assistant
General Manager; Jim Herberg, 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; Maria E. Ayala, Clerk of the Board;
and Norbert Gaia.
OTHERS PRESENT: Brad Hogin, General Counsel
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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/Agency Active Director Alternate Director
Orange County Board of Supervisors Janet Nguyen Shawn Nelson
Irvine Ranch Water District John Withers Douglas Reinhart
PUBLIC COMMENTS:
None.
REPORTS:
Chair Edgar called upon Lorenzo Tyner who presented a service award to Dionne
Kardos, Data Management Technician, who has worked with the Sanitation District for
over 20 years.
Mr. Ruth gave a brief summary of his General Manager’s Monthly Status Report. He
extended an invitation to the Board to attend a tour of the Plants at their earliest
convenience.
Jim Herberg, Assistant General Manager, announced various awards the Sanitation
District had recently received.
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: 01/15/13 01/31/13
Totals $7,224,459.51 $51,020,323.40
Directors Curry, Diep, Nguyen, Nielsen, and T. Smith 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.
3. MOVED, SECONDED, AND DULY CARRIED: Receive and file the updated
Orange County Sanitation District Directors’ Committee Assignments for 2012-
2013.
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4. MOVED, SECONDED, AND DULY CARRIED: Approve minutes for the Regular
Board Meeting held on January 23, 2013.
STEERING COMMITTEE:
5. MOVED, SECONDED, AND DULY CARRIED: Approve minutes for the Steering
Committee Meeting held on January 23, 2013.
6. A. MOVED, SECONDED, AND DULY CARRIED: Adopt Resolution No.
OCSD 13-02 appointing James D. Herberg (“Mr. Herberg”) to the position
of General Manager for the Orange County Sanitation District (“OCSD”);
B. Approve the At-Will Employment Agreement, attached hereto, with Mr.
Herberg specifying terms and conditions of employment for General
Manager services beginning April 1, 2013;
C. Authorize the Board Chair to execute the At-Will Employment Agreement,
attached hereto; and
D. Authorize the Board Chair to provide a notice of termination of
employment to General Manager James D. Ruth effective April 1, 2013,
consistent with the OCSD General Manager Transition Plan and as
required pursuant to Mr. Ruth's At-Will Employment Agreement.
Director Nguyen abstained.
7. MOVED, SECONDED, AND DULY CARRIED: Adopt the 2013 Legislative
Platform and Goals.
OPERATIONS COMMITTEE:
8. MOVED, SECONDED, AND DULY CARRIED: Approve minutes for the
Operations Committee Meeting held on February 6, 2013.
9. A. MOVED, SECONDED, AND DULY CARRIED: Approve a Professional
Design Services Agreement with Carollo Engineers, Inc. to provide
engineering design services for Trunk Line Odor Control Improvements,
Project No. P1-123, for an amount not to exceed $856,986; and,
B. Approve a contingency of $85,699 (10%).
10. A. MOVED, SECONDED, AND DULY CARRIED: Approve Change Order
No. 1 to P.O. Number 103690-OB issued to Voyager Fleet Systems Inc.
for the purchase of unleaded/diesel fuel for vehicles and marine vessel
authorizing an additional $80,000 to increase total annual contract amount
from $275,440 to a not to exceed amount of $355,440; and,
B. Approve a contingency of $17,772 (5%); and,
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C. Authorize the use of the State of California Department of General
Services (DGS) Statewide Travel Management Program for vehicle fuel
requirements, for the period May 1, 2013 through April 30, 2014, for a total
amount not to exceed $332,600, with four one-year renewal options, in
accordance with Resolution No. OCSD 07-04, Section 3.08: Cooperative
Procurement; and,
D. Approve a contingency of $33,260 (10%).
11. MOVED, SECONDED, AND DULY CARRIED: Adopt Board Resolution No.
OCSD 13-03, revising the Biosolids Recycling Resolution and repealing Board
Resolution No. OCSD 06-10.
12. A. MOVED, SECONDED, AND DULY CARRIED: Approve a Sole Source
Agreement with J.F. Shea Construction, Inc. for an amount not to exceed
$430,000 for the repair of trickling filter pumps at Plant No. 2; and,
B. Approve a contingency of $43,000 (10%)
13. MOVED, SECONDED, AND DULY CARRIED: Approve a contingency increase
of $1,340,000 (4%) to the construction contract with JR Filanc Construction
Company for Sludge Digester Rehabilitation at Plant No.1, Project No. P1-100,
for a total contingency of $4,020,000 (12%).
14. A. MOVED, SECONDED, AND DULY CARRIED: Authorize staff to re-
establish a Biosolids Account Pool utilizing a Blanket Purchase Order for
the efficient management of all biosolids contracts (Tule Ranch, Synagro
West, Inc., and Orange County Waste and Recycling) in one account to
provide flexibility for unanticipated circumstances that may impact
biosolids management, which may include events such as truck/driver
shortages, poor weather conditions, regulatory constraints, unacceptable
contractor performance, or contractor facility limitations; and
B. Approve Blanket Purchase Order No. 104696-OB for an annual amount
not to exceed $19,000,000 for biosolids management with Orange County
Waste and Recycling, Tule Ranch, and Synagro West, Inc., which will
replace Blanket Purchase Order No. 100760-OB; and
C. Authorize staff to move funds within the Biosolids Account Pool from one
contract to another, as deemed necessary, due to unanticipated
circumstances.
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ADMINISTRATION COMMITTEE:
15. MOVED, SECONDED, AND DULY CARRIED: Approve amended Minutes of the
Administration Committee Meeting held on February 13, 2013.
16. Item moved to Non-Consent.
17. Item moved to Non-Consent.
18. MOVED, SECONDED, AND DULY CARRIED: Approve the FY 2013-14 budget
assumptions and direct staff to incorporate these parameters in preparing the FY
2013-14 budget update.
NON-CONSENT:
Considerable discussion was had over Agenda Items No. 16 and No. 17. Staff
responded to various questions from the Board regarding: options on rate increase,
information on CIP program, etc.
16. A. MOVED, SECONDED, AND DULY CARRIED: Consider a five year rate
schedule for regional sewer service charges, which includes a 4.8% rate
increase effective July 1, 2013, followed by four annual increases of 2.4%.
B. Motion to read Ordinance No. OCSD-41 by title only and waive reading of
said entire ordinance on February 27, 2013.
C. Introduce Ordinance No. OCSD-41, an Ordinance of the Board of
Directors of Orange County Sanitation District Amending and Restating
Ordnance No. OCSD-35 Concerning Sanitary Sewer Service Charges and
Repealing Ordinance No. OCSD-35; Adopting Revised Table A RE
Residential User Fees and Revised Table B Property Use Classifications.
D. Set March 27, 2013, as the date of the Public Hearing to hear protests and
for the second reading of the Ordinance No. OCSD-41.
Director Kim opposed. Directors Diep, Nagel, abstained. Director Nguyen departed the
meeting at 7:10 p.m. and was not present for the vote.
17. A. MOVED, SECONDED, AND DULY CARRIED Consider a five year rate
schedule for industrial sewer service charges, which includes a 4.8% rate
increase effective July 1, 2013, followed by four annual increases of 2.4%
B. Motion to read Ordinance No. OCSD-42 by title only and waive reading of
said entire Ordinance on February 27, 2013.
C. Introduce Ordinance No. OCSD-42, an Ordinance of the Board of
Directors of Orange County Sanitation District Amendment Ordinance No.
OCSD-40 Concerning Miscellaneous Charges and Fees relating to
Industrial Charges and Source Control Permittees; Adopting Revised
Table F RE Class I and Class II Permittees and Special Purpose
Discharge Permittees:
D. Set March 27, 2013, as the date of the Public Hearing to hear protests and
for the second reading of the Ordinance No. OCSD-42 .
Director Kim opposed. Directors Diep, Nagel , abstained. Director Nguyen departed the
meeting at 7 :10p.m. and was not present for the vote.
CLOSED SESSION
CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE
SECTIONS: 54956 .9(d)(1)
The Board convened in closed session at 8:05 p .m. to discuss five 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.
RECONVENE IN REGULAR SESSION: The Board reconvened in regular session at
8:25p.m .
Director Diep departed the meeting during closed session.
CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED
SESSION:
None.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA
ITEMS, IF ANY:
None.
ADJOURNMENT:
The Chair declared the meeting adjourned at 8:25p .m. until the next regular meeting on
March 27, 2013, at 6 :30 p.m.
~.(f.~ -,
MariG E. AyaJCierk of the Board
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