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HomeMy WebLinkAbout02-25-2015 Board Meeting Minutes02/25/2015 Orange County Sanitation District MINUTES BOARD MEETING February 25, 2015 Administration Building 10844 Ellis Avenue Fountain Valley, California 92708-7018 Minutes of Board Meeting Page 1 of 10 ROLL CALL A regular meeting of the Board of Directors of the Orange County Sanitation District was held on February 25, 2015, at 6:01 p.m., in the Administration Building. Director Mariellen Yarc delivered the invocation and led the Pledge of Allegiance. The Acting Clerk of the Board declared a quorum present as follows: ACTIVE DIRECTORS ALTERNATE DIRECTORS x Tom Beamish, Chair Rose Espinoza x John Nielsen, Vice-Chair Allan Bernstein A Lisa Bartlett Michelle Steel David Benavides x Sal Tinajero x Steven Choi Lynn Schott x Keith Curry Scott Peotter Ellery Deaton x Sandra Massa-Lavitt A Tyler Diep Joy Neugebauer 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 A Glenn Parker Cecilia Hupp x Gregory Sebourn Jan Flory x David Shawver Carol Warren x Fred Smith Steve Berry x Teresa Smith Mark Murphy x Chad Wanke Constance Underhill x John Withers Douglas Reinhart x Mariellen Yarc Stacy Berry STAFF MEMBERS PRESENT: Jim Herberg, General Manager; Bob Ghirelli, Assistant General Manager; Rob Thompson, Director of Engineering; Lorenzo Tyner, Director of Finance & Administrative Services; Ed Torres, Director of Operations & Maintenance; Nick Arhontes, Director of Facility Support Services; Kelly Lore, Acting Clerk of the Board; Jim Colston; Norbert Gaia; Al Garcia; Stephanie Good; Elvia Harvey; Andrew Nau; Kelly Newell; and Paula Zeller. 02/25/2015 Minutes of Board Meeting Page 2of10 OTHERS PRESENT: Brad Hagin (General Counsel); Michael Beverage (Alternate Director, YLWD); Dan Bunce (Brown and Caldwell); Robert Collacott (Alternate Director, City of Villa Park); Steve Filarsky (Consultant); and Robert Ooten (Alternate Director, CMSD) PUBLIC COMMENTS: None. SPECIAL PRESENTATIONS: Director of Facility Support Services, Nick Arhontes, presented a 25 year Service Award to Mark Esquer, Division 330, Engineering Manager. Director T. Smith arrived at 6:10 p.m. Director of Engineering, Rob Thompson, presented a 25 year Service Award to Vladimir Kogan, Division 790, Senior Scientist. REPORTS: Chair Beamish announced the date of March 12, for the second Board Orientation; Nerissa Director Tour dates of March 17 & March 19; and notified the Board that requests for support letters for the WaterSmart Grant will be sent to the member agencies on February 26. General Manager, Jim Herberg, provided a brief report from his Monthly Update, which included: Community outreach efforts: 14 plant tours, participation in the Garden Grove let Festival, Science Night at Sunny Hills High School tours for Assembly Member Ling Ling Chang and Assembly Member Matt Harper, and an upcoming tour for Assembly Member Young Kim on March 6; Annual Honor Walk nominations which are due March 16; and the sale of excess air omission credits. 1. Received and filed Minute Excerpts of member agencies relating to appointments to the Orange County Sanitation District Board, as follows: City I Agency Buena Park Fullerton QC Board of Supervisors CONSENT CALENDAR: Active Director Fred Smith Greg Sebourn Lisa Bartlett Alternate Director Steve Berry Doug Chaffee Michelle Steel 2. MOVED, SECONDED, AND DULY CARRIED TO: Approve minutes for the Regular Board Meeting held on January 28, 2015. 02/25/2015 Minutes of Board Meeting Page 3of10 AYES: Beamish; Choi; Curry; Ferryman; Jones; Kiley; Kim; Kring; Mills; R. Murphy; Nagel; Nielsen; Sebourn; Shawver; F. Smith; Tinajero; Wanke; Withers; and Yarc NOES: None ABSTENTIONS: Massa-Lavitt (Alternate); Peterson (Alternate) and T. Smith ABSENT: Bartlett; Diep and Parker OPERATIONS COMMITTEE: 3. MOVED, SECONDED, AND DULY CARRIED TO: Approve minutes of the February 4, 2015 meeting of the Operations Committee. AYES: Choi; Curry; Ferryman; Jones; Kiley; Kim; Kring; Massa- Lavitt (Alternate); Mills; R. Murphy; Nagel; Nielsen; Sebourn; Shawver; F. Smith; T. Smith; Tinajero; Wanke; Withers; and Yarc NOES: None ABSTENTIONS: Beamish; and Peterson (Alternate) ABSENT: Bartlett; Diep and Parker 4. MOVED, SECONDED, AND DULY CARRIED TO: A. Approve a Professional Design Services Agreement with Brown & Caldwell to provide engineering design services for the Ocean Outfall System, Project No. J-117, for an amount not to exceed $6,778,015; and B. Approve a contingency of $677,801 (10%). AYES: Beamish; Choi; Curry; Ferryman; Jones; Kiley; Kim; Kring; Massa-Lavitt (Alternate) Mills; R. Murphy; Nagel; Nielsen; Peterson (Alternate); Sebourn; Shawver; F. Smith; T. Smith; Tinajero; Wanke; Withers; and Yarc NOES: None ABSTENTIONS: None ABSENT: Bartlett; Diep and Parker 02/25/2015 Minutes of Board Meeting Page 4of10 ADMINISTRATION COMMITTEE: 5. MOVED, SECONDED, AND DULY CARRIED TO: Approve minutes of the February 11, 2015 meeting of the Administration Committee. AYES: Beamish; Choi; Curry; Ferryman; Jones; Kiley; Kim; Kring; Massa-Lavitt (Alternate) Mills; R. Murphy; Nagel; Nielsen; Sebourn; Shawver; F. Smith; Tinajero; Wanke; Withers; and Yarc NOES: None ABSTENTIONS: Peterson (Alternate) and T. Smith ABSENT: Bartlett; Diep and Parker 6. MOVED, SECONDED, AND DULY CARRIED TO: Receive and file Orange County Sanitation District Second Quarter Financial Report for the period ended December 31, 2014. AYES: Beamish; Choi; Curry; Ferryman; Jones; Kiley; Kring; Massa-Lavitt (Alternate); Mills; R. Murphy; Nagel; Nielsen; Peterson (Alternate); Sebourn; Shawver; F. Smith; Tinajero; Wanke; Withers; and Yarc NOES: None ABSTENTIONS: Kim and T. Smith ABSENT: Bartlett; Diep and Parker 7. MOVED, SECONDED, AND DULY CARRIED TO: Approve the FY 2015-16 budget assumptions and direct staff to incorporate these parameters in preparing the FY 2015-16 budget update. AYES: Beamish; Choi; Curry; Ferryman; Jones; Kiley; Kim; Kring; Massa-Lavitt (Alternate) Mills; R. Murphy; Nagel; Nielsen; Peterson; Sebourn; Shawver; F. Smith; Tinajero; Wanke; Withers; and Yarc NOES: None ABSTENTIONS: T. Smith ABSENT: Bartlett; Diep and Parker 02/25/2015 Minutes of Board Meeting Page 5of10 STEERING COMMITTEE: Chair Beamish pulled Items 10 & 11 to be heard separately with roll call vote. 8. MOVED, SECONDED, AND DULY CARRIED TO: Approve minutes for the Steering Committee Meeting held on January 28, 2015. AYES: Beamish; Choi; Curry; Ferryman; Jones; Kiley; Kim; Kring; Massa-Lavitt (Alternate) Mills; R. Murphy; Nagel; Nielsen; Sebourn; Shawver; F. Smith; T. Smith; Tinajero; Wanke; Withers; and Yarc NOES: None ABSTENTIONS: Peterson (Alternate) ABSENT: Bartlett; Diep and Parker 9. MOVED, SECONDED, AND DULY CARRIED TO: Approve and authorize the execution of the compensation agreement with the City of Garden Grove and other taxing entities within the meaning of Health and Safety Code Section 341 BO(f), as required by the California Department of Finance. AYES: Beamish; Choi; Curry; Ferryman; Kiley; Kim; Kring; Massa- Lavitt (Alternate) Mills; R. Murphy; Nagel; Nielsen; Peterson (Alternate); Sebourn; Shawver; F. Smith; T. Smith; Tinajero; Wanke; Withers; and Yarc NOES: None ABSTENTIONS: Jones ABSENT: Bartlett; Diep and Parker 10. Consultant Steve Filarsky introduced Item No. 10 and stated that the MOU's presented for approval were prepared as directed by the Board of Directors. MOVED, SECONDED, AND DULY CARRIED TO: A. Adopt Resolution No. OCSD 15-04 entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District approving the Memoranda of Understanding between the Orange County Sanitation District and the Orange County Employees Association (OCEA), for Fiscal Years 2014/2015 & 2015/2016." 02/25/2015 Minutes of Board Meeting Page 6of10 B. Direct staff to finalize and sign the Memoranda of Understanding (MOUs) between Orange County Sanitation District and the three (3) OCEA bargaining units. Acting Clerk of the Board conducted a roll call vote as follows: AYES: Beamish; Choi; Curry; Ferryman; Jones; Kiley; Kring; R. Murphy; Nagel; Nielsen; Peterson (Alternate); Sebourn; Shawver; F. Smith; Tinajero; Wanke; Withers; and Yarc NOES: Kim; Mills; and T. Smith ABSTENTIONS: Massa-Lavitt (Alternate) ABSENT: Bartlett; Diep and Parker 11. General Manager, Jim Herberg, introduced Item No. 11. Mr. Herberg explained the status of the following unrepresented employees, and the process for providing these employees with the same proposal (terms) as to those employees in Agenda Item No. 10. MOVED, SECONDED, AND DULY CARRIED TO: Adopt Resolution No. OCSD 15-05, entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District approving Salary and Benefit Adjustments for Unrepresented Non-exempt Confidential Employees for Fiscal Years 2014/2015 & 2015/2016." Acting Clerk of the Board conducted a roll call vote as follows: AYES: Beamish; Choi; Curry; Ferryman; Jones; Kiley; Kring; R. Murphy; Nagel; Nielsen; Peterson (Alternate); Sebourn; Shawver; F. Smith; Tinajero; Wanke; Withers; and Yarc NOES: Kim; Mills; and T. Smith ABSTENTIONS: Massa-Lavitt (Alternate) ABSENT: Bartlett; Diep and Parker 02/25/2015 Minutes of Board Meeting Page 7of10 12. MOVED, SECONDED, AND DULY CARRIED TO: Adopt Resolution No. OCSD 15-06, entitled, A Resolution of the Board of Directors of the Orange County Sanitation District Adopting a Revised Policy Regarding Board of Directors' Expense Reimbursement and Meeting Attendance and Compensation and Repealing Resolution No. OCSD 14-04. AYES: Beamish; Choi; Curry; Ferryman; Jones; Kiley; Kim; Kring; Massa-Lavitt (Alternate) Mills; R. Murphy; Nagel; Nielsen; Peterson (Alternate); Sebourn; Shawver; F. Smith; T. Smith; Tinajero; Wanke; Withers; and Yarc NOES: None ABSTENTIONS: None ABSENT: Bartlett; Diep and Parker LEGISLATIVE AND PUBLIC AFFAIRS SPECIAL COMMITTEE: 13. MOVED, SECONDED, AND DULY CARRIED TO: Receive and file the minutes of the February 9, 2015 meeting of the Legislative and Public Affairs Committee. AYES: Choi; Curry; Ferryman; Jones; Kiley; Kim; Kring; Massa- Lavitt (Alternate) Mills; R. Murphy; Nagel; Nielsen; Peterson (Alternate); Sebourn; Shawver; F. Smith; T. Smith; Tinajero; Wanke; Withers; and Yarc NOES: None ABSTENTIONS: Beamish ABSENT: Bartlett; Diep and Parker NON-CONSENT: 14. Director of Engineering, Rob Thompson introduced the item and provided a brief report. MOVED, SECONDED, AND DULY CARRIED TO: A. Consider, receive, and file the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the MacArthur Pump Station Rehabilitation, Project No. 7-63, prepared by JACOBS; and 02/25/2015 Minutes of Board Meeting Page 8of10 B. Adopt Resolution No. OCSD 15-07 entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District adopting the Mitigated Negative Declaration for the MacArthur Pump Station Rehabilitation Project No. 7-63; Adopting a Mitigation Monitoring and Reporting Program; an approving the MacArthur Pump Station Rehabilitation Project No. 7-63." AYES: Beamish; Choi; Curry; Ferryman; Jones; Kiley; Kim; Kring; Massa-Lavitt (Alternate) Mills; R. Murphy; Nagel; Nielsen; Peterson (Alternate); Sebourn; Shawver; F. Smith; T. Smith; Tinajero; Wanke; Withers; and Yarc NOES: None ABSTENTIONS: None ABSENT: Bartlett; Diep and Parker AB1234 REPORTS: Director Ferryman reported on the following from the respective committees he is a member of: • OCCOG, did not meet in February, next meeting is March 26. • Borders Committee, next meeting is February 27. • NWRI, met February 24 -EPA here to participate in roundtable. A workshop was held February 25 regarding drought response. • Director Ferryman also announced that the Santa Clara Valley Water District is sponsoring an upcoming reverse osmosis concentrated management alternative workshop. INFORMATION ITEMS: Chair Beamish welcomed newly appointed Director Sal Tinajero from the City of Santa Ana. CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS: 54956.9(d)(1); 54956.9(d)(4) and 54957.6 The Board convened in closed session at 6:41 p.m. to discuss three 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. RECONVENED IN REGULAR SESSION: The Board reconvened in regular session at 6:49 p.m. 02/25/2015 Minutes of Board Meeting Page 9of10 CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED SESSION: General Counsel Brad Hagin announced that the Board of Directors unanimously approved the District's participation in the lawsuit "City of Los Angeles v. County of Kern'', Case No. S-1500-CV-284100-KCT. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: None . ADJOURNMENT: The Chair adjourned the meeting at 6:50 p .m. until the Regular Board Meeting on March 25, 2015 at 6:00 p.m. 02/25/2015 Minutes of Board Meeting Page 10of10