HomeMy WebLinkAbout11-17-2010 Minutes11/17/10
Orange County Sanitation District
MINUTES
BOARD MEETING
November 17, 2010
Administration Building
10844 Ellis Avenue
Fountain Valley, California 92708-7018
Minutes of Board Meeting Page 1 of 6
ROLL CALL
A regular meeting of the Board of Directors of the Orange County Sanitation District was
held on November 17, 2010, at 6:30 p.m., in the Administration Building. Following the
Pledge of Allegiance and invocation, the roll was called and the Clerk of the Board
reported a quorum present as follows:
ACTIVE DIRECTORS ALTERNATE DIRECTORS
x Larry Crandall, Chair Steve Nagel
x Troy Edgar, Vice Chair Ken Stephens
x John Anderson Jim Winder
x Charles Antos Gordon Shanks
x Tom Beamish Rose Espinoza
x Bill Dalton Andrew Do
x Doug Davert John Nielsen
x Jon Dumitru Denis Bilodeau
x James M. Ferryman Bob Ooten
x Cathy Green Jill Hardy
x Phil Luebben Prakash Narain
x Patsy Marshall Fred Smith
x Roy Moore Ron G·arcia
x Joy Neugebauer Al Krippner
x Janet Nguyen Shawn Nelson
x Sharon Quirk-Silva Pam Keller
x Brad Reese Bill Mac Aloney
x David Shawver Carol Warren
x Christina Shea Steven Choi
x Harry Sidhu Lucille Kring
A Sal Tinajero David Benavides
x Constance Underhill Scott Nelson
x Mark Waldman Henry Charoen
x Don Webb Nancy Gardner
x John Withers Douglas Reinhart
STAFF MEMBERS PRESENT: Jim Ruth, General Manager; Bob Ghirelli, Assistant
General Manager; Donna Terrones, Clerk of the Board; Lilia Kovac, Associate Clerk of
the Board; Nick Arhontes, Director of Facilities Support Services Department; Jim
Herberg, Director of Engineering; Ed Torres, Director of Operations & Maintenance;
Lorenzo Tyner, Director of Finance & Administrative Services; Cindi Ambrose; Jim
Burrer; Gary Conklin; Michael Gold; Todd Haynes; Randy Kleinman; Gary Prater; Jeff
Reed; Juanita Skillman; Ryal Wheeler; and Paula Zeller.
OTHERS PRESENT: Brad Hagin, General Counsel; Ken Al-imam; John Azizian; Walid
Karolm; Drew Kolosky; Al Krippner; Phil Martin, and Ken Stephens.
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PUBLIC COMMENTS:
Mr. John Azizian commented on rate charges based on commercial property use .
REPORTS:
Board Chair Crandall, reviewed the meeting schedule for December and presented
certificates to outgoing Directors Antos, Green, Shea, Webb, Marshall and Davert.
Jim Ruth, General Manager, did not give a report.
CLAIMS:
MOVED, SECONDED, AND DULY CARRIED, the Board of Directors:
1. Ratified payment of claims of the District.
Claims Paid for the Period Ending 10/15/10 10/31/10
Totals $12,373,244.34 $11,392, 164 .77
Director Dumitru abstained from discussion and voting on warrant numbers 34080,
34390, 34310, and 34444. Directors Green, Nguyen, and Sidhu abstained from
discussion and voting on all warrants . Abstentions were pursuant to California
Government Code Section 84308.
CONSENT CALENDAR:
MOVED, SECONDED, AND DULY CARRIED, the Board of Directors:
2. Approved the Minutes for the Special Meeting held on October 20, 2010, and the
Regular Meeting held on October 27, 2010.
3. Approved a Quitclaim Deed between Orange County Sanitation District (OCSD)
and the City of Anaheim, transferring ownership and associated property rights
for the local sewer in Euclid Street to the City, at no cost to OCSD, in a form
approved by General Counsel.
4. A. Adopted Resolution No. OCSD 10-21, adopting the "One Water, One
Watershed" Integrated Regional Water Management Plan; and
B. Authorized the General Manager, or his designee, to enter into a Grant
Funding Program with California Department of Water Resources for
monetary assistance under Proposition 84, for the Sludge Dewatering, Odor
Control, Land Primary Sludge Thickening at Plant No. 1, Project No. P1-101.
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STEERING COMMITTEE:
Board Chair Crandall reported that the Committee Members received an update on
legislation from Eric Sapirstein, Federal Lobbyist, via teleconference . The Committee
approved the minutes and the Five-Year Strategic Plan, and met in closed session on
three items.
MOVED, SECONDED, AND DULY CARRIED, the Board of Directors:
5. Ordered Steering Committee Minutes for the regular meeting held on October 27,
2010, to be filed.
6 . A. Approved the Five-Year Strategic Plan dated November 2010; and
B. Directed staff to implement the goals and levels of service contained in the
Plan.
OPERATIONS COMMITTEE:
MOVED, SECONDED, AND DULY CARRIED, the Board of Directors:
7. Approved Minutes of the November 3, 2010, Operations Committee
meeting.
8. Authorized the General Manager to add Evolution Markets, Inc . to the list of
approved brokers for non-exclusive marketing and brokerage services to sell or
purchase emission reduction credits and carbon credits, in a form approved by
General Counsel.
9. A. Approved a budget increase of $263,990 for a total project budget of
$413,990 for Project No. P1-116, Primary Clarifiers 6-31 Evaluation and
Optimization Study;
B. Approved a Professional Consultant Services Agreement with Carollo
Engineers, Inc., providing engineering services for Phase 1 of Project No.
P1-116, Primary Clarifiers 6-31 Evaluation and Optimization Study, for an
amount not to exceed $285,445 ; and
C. Approved a contingency of $28,545 (10%).
10. Item pulled for discussion.
NON-CONSENT:
Staff was asked why the change from sale to lease on the properties. Jim Herberg,
Director of Engineering, explained that the recommendation had been modified to
reflect the Operations Committee's request to lease the Garden Grove property due to
the depressed real estate market. It was then,
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NON-CONSENT: (cont'd)
MOVED, SECONDED, AND DULY CARRIED, the Board of Directors:
10. A. Adopted Resolution No. OCSD 10-20 Declaring the Real Properties at 7311
Doig Drive, Garden Grove, and Kings County as Surplus Property;
B. Authorized the General Manager to utilize the services of two Real Estate
Brokers, selected through OCSD's procurement process to provide
professional services related to the lease or sale of said properties with the
sale service fee to be paid through the sale of the property, not to exceed five
percent (5%) of the sale price; and
C. Authorized the General Manager to offer for lease OCSD's real property at
7311 Doig Drive, Garden Grove in an as-is condition; and
D. Authorized the General Manager to offer for sale the Kings County property
with the sales commission to be paid by buyer, at a price approved by the
Board of Directors, in a form approved by General Counsel.
MOVED, SECONDED, AND DULY CARRIED, the Board of Directors:
11. Received and filed the Orange County Sanitation District's Comprehensive
Annual Financial Report for the year ended June 30, 2010, prepared by staff and
audited by Mayer Hoffman Mccann, Certified Public Accountants (MHM), and
the following reports prepared by MHM:
A. Single Audit Report on Expenditures of Federal Awards for the year ended
June 30, 201 O;
B. Report on Internal Control over Financial Reporting;
C. Report on Required Communication with Those in Governance (Summary of
Audit Findings); and
D. Independent Accountants' Report on Agreed-Upon Procedures Applied to
Appropriations Limit Worksheets . •
12. Item 12 pulled for discussion after the closed session.
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CLOSED SESSION:
CONVENE IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS
(Government Code Section 54956.9(c)) and Subdivision (a) of Section 54956 .9)
The Board convened in closed session at 7:05 p.m. to discuss four matters.
Confidential Minutes of the Closed Session have been prepared in accordance with
Government Code Section 54954.5(f), 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
7:40 p.m.
CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED
SESSION:
General Counsel announced the Board of Directors unanimously voted to join a State
Court lawsuit with City of Los Angeles and Los Angeles County Sanitation District
challenging Kern County's Measure E and unanimously voted to join in an Amicus
capacity involving Solano County's Measure E.
Jim Herberg, Engineering Director, noted a correction in the staff report under "Prior
Committee/Board Actions," to the August 2008 contract amount from $18,512,931 to
$17,915,908 .
MOVED, SECONDED, AND DULY CARRIED, the Board of Directors:
12. Approved a contingency increase of $1,074,955 (6%) to the Contract with
Mladen Buntich Construction Company, Inc. for the construction of the Newport
Trunk Sewer and Force Mains, Bitter Point Pump Station to Coast Trunk Sewer,
Contract 5-58 for a total contingency of $1,970,750 (11 %).
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA
ITEMS, IF ANY:
There were none.
ADJOURNMENT:
The Chair declared the meeting adjourned at 7:40 p.m.
11/17/10
Do na N. Terrone .
c;,-{erk of the Board
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