HomeMy WebLinkAbout01-22-2014 Board Meeting Minutes01/22/2014
Orange County Sanitation District
CORRECTED
MINUTES
BOARD MEETING
January 22, 2014
Administration Building
10844 Ellis Avenue
Fountain Valley, California 92708-7018
Minutes of Board Meeting Page 1 of 8
ROLL CALL
A regular meeting of the Board of Directors of the Orange County Sanitation District was
held on January 22, 2014, at 6:30 p.m., in the Administration Building. Director Teresa
Smith delivered the invocation and led the Pledge of Allegiance.
Maria Ayala, Clerk of the Board, announced the revisions to Agenda Item No. 1 as
indicated below:
1. MOVED, SECONDED, AND DULY CARRIED: Receive and file Minute Excerpts
of member agencies relating to appointments to the Orange County Sanitation
District Board, REVISED by the Clerk of the Board as follows:
City I Agency Active Director Alternate Director
Anaheim Lucille Kring Jordan Brandman
Cypress Prakash Narain Doug Bailey
Fountain Valley Steve A. Nagel Michael Vo
Huntington Beach Joe Carchio Dave Sullivan
Irvine Steven Choi Christina Shea
La Habra Tom Beamish Rose Espinoza
Los Alamitos Troy Edgar Richard Murphy
Midway City Sanitary Tyler Diep Al Krippner
l'lewport Beach Rush Hill Keith Curry
Newport Beach Keith Curry Rush Hill
Placentia Scott Nelson Constance Underhill
Santa Ana David Benavides Sal Tinajero
Seal Beach Michael Levitt Gordon Shanks
Stanton David Shawver Carol Warren
Tustin John Nielsen Allan Bernstein
Yorba Linda Gene Hernandez John Anderson
Added the following appointments:
Brea
Fullerton
La Palma
Orange
AYES:
NOES:
01/22/2014
Brett Murdock Roy Moore
Greg Sebourn Jan Flory
Peter Kim Gerard Goedhart
Teresa Smith Mark Murphy
Beamish; Benavides; Carchio; Choi; Curry; Diep,
Ferryman; Hernandez; Kim; Kring; Murdock; Murphy
(Alternate); Nagel; Narain; Nguyen; Nielsen; Reese;
Sebourn; Shawver; F. Smith; T. Smith; Underhill
(Alternate); and Withers
None
Minutes of Board Meeting Page 2 of 8
ABSTENTIONS: None
ABSENT: Levitt and Jones
The Clerk of the Board declared a quorum present as follows:
ACTIVE DIRECTORS ALTERNATE DIRECTORS
Troy Edgar, Chair x Richard Murphy
x Tom Beamish, Vice Chair Rose Espinoza
x David Benavides Sal Tinajero
x Steven Choi Christina Shea
x Rush Hill Keith Curry
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
A Michael Levitt Gordon Shanks
x Brett Murdock Roy Moore
x Steve Nagel Michael Vo
x Prakash Narain Doug Bailey
Scott Nelson x Constance Underhill
x Janet Nguyen Shawn Nelson
x John Nielsen Jerry Amante
x Brad Reese Greg Mills
x Gregory Sebourn Jan Flory
x Joe Carchio Dave Sullivan
x David Shawver Carol Warren
x Fred Smith Steve Berry
x Teresa Smith Mark Murphy
x John Withers Douglas Reinhart
STAFF MEMBERS PRESENT: Jim Herberg, General Manager; Bob Ghirelli, 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; Bob Bell; Mark Boyd; Jennifer
Cabral; Jim Colston; Norbert Gaia; Mark Kawamoto; Kelly Lore; Faviola Miranda;
Andrew Nau; Rich Spencer; and Paula Zellar.
OTHERS PRESENT: Brad Hagin, General Counsel; and Mike Moore, representative
from the Water Environment Federation and the National Biosolids Partnership.
01/22/2014 Minutes of Board Meeting Page 3 of 8
PUBLIC COMMENTS:
None.
REPORTS:
Tom Beamish, Vice-Chair, reported that Chair Edgar is out of town and will not be at
tonight's meeting. He announced that he and Chair Edgar will be meeting with SAWPA
representatives on February 4th_
Jim Herberg, General Manager, provided the following updates from his General
Manager's Monthly Update Report: District's budget kickoff for the new two-year budget;
mid-year work plan updates: completion of SAWPA arbitration, development of a new 5-
year strategic plan, and transfer of local sewers in Tustin area.
Mr. Herberg also reported that in December, the District sold excess air pollution
emission credits in the amount of $345,000. In 2008 the Board authorized the General
Manager to sell these credits, and since then the District has generated over $4 million
in revenue. AQMD has now issued a moratorium on sales of these credits.
Vice-Chair Beamish announced that Board Agenda Item No. 8 would be moved out of
order, and addressed at this time.
8. OCSD Certified Biosolids Program, 1 oth Anniversary
Mr. Herberg, General Manager, introduced Mike Moore, representative from the
Water Environment Federation and the National Biosolids Partnership. Mr.
Moore presented the Sanitation District with the National Biosolids Partnership's
Platinum Level Award.
Ed Torres, Director of Operations and Maintenance, presented the following service
awards to OCSD employees:
Mark Boyd, Plant Operator, 25 Years of Service
Bob Bell, Maintenance Supervisor, 20 Years of Service
Vice-Chair Beamish announced that a Certificate of Appreciation would be presented to
outgoing Director, Joe Shaw, at February's Board Meeting.
01/22/2014 Minutes of Board Meeting Page 4 of 8
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: 12/15/13 12/31/13
Totals
AYES:
NOES:
ABSTENTIONS:
ABSENT:
CONSENT CALENDAR:
$9,525,558. 70 $7, 131,861.58
Beamish; Benavides; Choi; Diep, Ferryman; Hernandez;
Kim; Kring; Murdock; Murphy (Alternate); Nagel; Narain;
Reese; F. Smith; T. Smith; Underhill (Alternate); and
Withers
None
Carchio; Curry; Nguyen; Nielsen; Sebourn; and Shawver
Levitt and Jones
3. MOVED, SECONDED, AND DULY CARRIED: Approve minutes for the Regular
Board Meeting held on December 18, 2013.
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Beamish; Benavides; Carchio; Choi; Curry; Diep,
Ferryman; Hernandez; Kim; Kring; Murdock; Murphy
(Alternate); Nagel; Narain; Nguyen; Nielsen; Reese;
Sebourn; Shawver; F. Smith; Underhill (Alternate); and
Withers
None
T. Smith
Levitt and Jones
4. MOVED, SECONDED, AND DULY CARRIED: Adopt Resolution No. OCSD 14-
01 a resolution Establishing the Policies and Procedures for the Approval of
Plans, Design, and Specifications for Public Works Projects.
AYES:
01/22/2014
Beamish; Benavides; Carchio; Choi; Curry; Diep,
Ferryman; Hernandez; Kim; Kring; Murdock; Murphy
(Alternate); Nagel; Narain; Nguyen; Nielsen; Reese;
Sebourn; Shawver; F. Smith; T. Smith; Underhill
(Alternate); and Withers
Minutes of Board Meeting Page 5 of 8
NOES: None
ABSTENTIONS: None
ABSENT: Levitt and Jones
5. MOVED, SECONDED, AND DULY CARRIED:
A. Approve Steve Filarsky, Filarsky & Watt LLP, to provide labor relations
consulting services and to be the chief negotiator on behalf of OCSD for
the upcoming OCEA and Local 501 MOU negotiations; and
B. Authorize the General Manager to negotiate and enter into a consulting
services agreement with Filarsky & Watt LLP for labor relations consulting
services for a term of six months, at an hourly rate of $290 per hour, at a
maximum cost of $29,000, in a form approved by General Counsel.
AYES: Beamish; Benavides; Carchio; Choi; Curry; Diep,
Ferryman; Hernandez; Kim; Kring; Murdock; Murphy
(Alternate); Nagel; Narain; Nguyen; Nielsen; Reese;
Sebourn; Shawver; F. Smith; T. Smith; Underhill
(Alternate); and Withers
NOES: None
ABSTENTIONS: None
ABSENT: Levitt and Jones
STEERING COMMITTEE:
6. MOVED, SECONDED, AND DULY CARRIED: Approve Minutes of the
December 18, 2013 Steering Committee Meeting.
AYES:
NOES:
ABSTENTIONS:
ABSENT:
01/22/2014
Beamish; Benavides; Carchio; Choi; Curry; Diep,
Ferryman; Hernandez; Kim; Kring; Murdock; Murphy
(Alternate); Nagel; Narain; Nguyen; Nielsen; Reese;
Sebourn; Shawver; F. Smith; Underhill (Alternate); and
Withers
None
T. Smith
Levitt and Jones
Minutes of Board Meeting Page 6 of 8
LEGISLATIVE AND PUBLIC AFFAIRS SPECIAL COMMITTEE:
7. MOVED, SECONDED, AND DULY CARRIED: Receive and file the minutes of
the January 13, 2014 meeting of the Legislative and Public Affairs Special
Committee.
AYES:
NOES:
ABSTENTIONS:
ABSENT:
INFORMATION ITEMS:
Beamish; Benavides; Carchio; Choi; Curry; Diep,
Ferryman; Hernandez; Kim; Kring; Murdock; Murphy
(Alternate); Nagel; Narain; Nguyen; Nielsen; Reese;
Sebourn; Shawver; F. Smith; T. Smith; Underhill
(Alternate); and Withers
None
None
Levitt and Jones
8. OCSD Certified Biosolids Program, 1 oth Anniversary
Item addressed at the beginning of the meeting.
CLOSED SESSION
CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE
SECTIONS: 54956.9(d)(1 ).
The Board convened in closed session at 6:52 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.
Director Jones arrived at the meeting at 7:05 p.m. during closed session.
RECONVENE IN REGULAR SESSION: The Board reconvened in regular session at
7:16 p.m.
01/22/2014 Minutes of Board Meeting Page 7 of 8
CONSIDERATION OF ACTION , IF ANY, ON MATTERS CONSIDERED IN CLOSED
SESSION:
Brad Hagin , General Counsel , reported the following from closed session :
The Board approved a settlement agreement on the Mladen Buntich v. Orange County
Sanitation D istrict , Case No. RIC 1201005 . The material terms are as follows :
Vote:
Insurance carr iers to pay $13 million to OCSD for property damage claims ;
Black and Veatch to pay $600 ,000 to OCSD for property damage claims ;
OCSD to pay to contractor $216 ,942 to settle delay claims unrelated to
property damage claims.
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Beamish ; Benavides; Carchio; Choi ; Curry; Diep ,
Ferryman; Hernandez; Jones; Kim ; Kring; Murdock;
Mu rphy (Alternate); Nagel; Narain ; Nguyen; Nielsen ;
Reese; Sebourn ; Shawver; F. Smith ; T. Smith ; Underhill
(Alternate); and Withers
None
None
Levitt
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA
ITEMS, IF ANY:
Mr. Herberg announced that OCSD 601h Anniversary commemorative lapel pins were
be ing distributed tonight. Also, in honor of the District's 60th Anniversary , the District will
be hosting a VIP Breakfast in the near future . Mr. Herberg invited all to sign a banner-
sized 60th Anniversary "card" for the District.
ADJOURNMENT:
The Vice-Chair adjourned the meeting at 7 :20 p.m . until the next Regular Board Meeting
on February 26, 2014 at 6:30 p.m.
01 /22/2014 Minutes of Board Meeting Page 8 of 8