HomeMy WebLinkAbout05-24-2017 Steering Committee MinutesMINUTES OF THE
STEERING COMMITTEE
Orange County Sanitation District
Wednesday, May 24, 2017 at 5:00 p.m.
A regular meeting of the Steering Committee of the Orange County Sanitation
District was called to order by Chair Sebourn on Wednesday, May 24, 2017 at
5:03 p.m. in the Administration Building of the Orange County Sanitation District.
A quorum was declared present, as follows:
COMMITTEE MEMBERS PRESENT:
Greg Sebourn, Board Chair
David Shawver, Board Vice-Chair
Tim Shaw, Member-At-Large
Donald Wagner, Member-At-Large
Chad Wanke, Administration Committee
Chair
John Withers, Operations Committee
Chair
COMMITTEE MEMBERS ABSENT:
Ellery Deaton, Member-At-Large
PUBLIC COMMENTS:
No public comments were provided.
STAFF PRESENT:
Jim Herberg, General Manager
Bob Ghirelli, Assistant General Manager
Celia Chandler, Director of Human
Resources
Jim Colston, Director of Environmental
Services
Rob Thompson, Director of Engineering
Ed Torres, Director of Operations &
Maintenance
Lorenzo Tyner, Director of Finance &
Administrative Services
Kelly Lore, Clerk of the Board
Jennifer Cabral
Al Garcia
Tina Knapp
Mark Manzo
Kathy Millea
Jeff Mohr
Man Nguyen
OTHERS PRESENT:
Brad Hogin, General Counsel
Claire Hervey Collins, Special Counsel
Roger Cerda, Special Counsel
Clerk of the Board Kelly Lore provided a Late Communication memo regarding a
substitute recommendation and attachment to Item No. 5.
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REPORTS:
Chair Sebourn announced that an upcoming tour on the Nerissa and of Plant No. 2
will take place on Tuesday, June 5th beginning at 10:30 a.m. He stated that the
General Manager and Board of Directors of SAWPA will participate, and invited the
Committee as well.
General Manager Herberg stated that an accident occurred on the Carbon Canyon
Project in which the OCSD contractor, Sancon, reported an injury to one of their
employees. The contractor is preparing an incident report to submit to OCSD and
staff will continue to monitor the situation.
Mr. Herberg further reported on the recently released Grand Jury report regarding
pension increases that were implemented in the early 2000's. Staff is working with
General Counsel on the response to the report.
CONSENT CALENDAR:
1. APPROVAL OF MINUTES (Clerk of the Board)
MOVED, SECONDED, AND DULY CARRIED TO: Approve Minutes of the
Special Joint Meeting of the Legislative and Public Affairs Committee and the
Steering Committee held on April 26, 2017; and the Regular Meeting of the
Steering Committee held on April 26, 2017.
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Sebourn; Shaw; Shawver; Wagner; Wanke; and
Withers
None
None
Deaton
2. ADOPTION OF UPDATED RESOLUTION ON RULES OF PROCEDURE
(Bob Ghirelli)
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board
of Directors to: Adopt Resolution No. OCSD 17-08, entitled, "A Resolution of
the Board of Directors of Orange County Sanitation District Fixing and
Establishing Rules of Procedure for the Conduct of Business of the District,
and Repealing Resolution No. OCSD 15-27."
AYES:
NOES:
ABSTENTIONS:
ABSENT:
05/24/2017
Sebourn; Shaw; Shawver; Wagner; Wanke; and
Withers
None
None
Deaton
Steering Committee Minutes Page 2 of 5
NON-CONSENT CALENDAR:
General Counsel Brad Hagin announced a recusal on Item No. 3 and No. 4 as his firm
represents the Orange County Transportation Authority on unrelated matters. He also
announced a recusal on the Closed Session Item as his firm also does work for the
County of Orange. Mr. Hagin departed the meeting.
3. LEGAL SERVICES WITH LEWIS BRISBOIS BISGAARD & SMITH, LLP
(Rob Thompson)
Director of Engineering Rob Thompson provided a PowerPoint presentation
and overview detailing the necessity of the represented services in these items
and the directed goals of the legal services requested.
Mr. Thompson, Mr. Herberg and Special Counsel Roger Cerda responded to
questions and concerns from the Committee regarding: the stated eminent
domain process in the agenda report and its implications, the participation of
OCTA Board members in this discussion, clarification of a sole source and the
Cooperative Agreement with OCTA.
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board
of Directors to: Authorize an increase of $150,000 to sole source Purchase
Order 105851-0B to Lewis Brisbois Bisgaard & Smith, LLP for legal services
for a total cost of $225,000.
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Sebourn; Shawver; Wagner; Wanke; and Withers
None
Shaw
Deaton
4. APPRAISAL SERVICES WITH MASON AND MASON, INC.; AND RIGHT-
OF-WAY CONSULTING SERVICES WITH STADIA REAL TY, INC.
(Rob Thompson)
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board
of Directors to:
A. Authorize an increase of $100,000 to sole source Purchase Order
105903-0B to Mason and Mason, Inc. for appraisal services related to
the California Department of Transportation/Orange County
Transportation Authority Interstate 405 Improvement Project impacts for
a total cost of $140,000; and
B. Authorize an increase of $281,800 to sole source Purchase Order
105925-0A to Stadia Realty, Inc. for right-of-way project management
consulting related to the California Department of
0512412017 Steering Committee Minutes Page 3 of 5
Transportation/Orange County Transportation Authority Interstate 405
Improvement Project impacts for a total cost of $377,800.
AYES:
NOES:
Sebourn; Shawver; Wagner; Wanke; and Withers
None
ABSTENTIONS: Shaw
ABSENT: Deaton
CLOSED SESSION:
CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE
SECTIONS 54956.9(d)(2) and 54956.8:
The Committee convened in closed session at 5:36 p.m. to discuss one item. Item
Nos. CS-2 and CS-3 were not heard. 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 Session Meetings.
RECONVENED IN REGULAR SESSION:
The Committee reconvened in regular session at 5:52 p.m.
CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED
SESSION:
Roger Cerda, Alston & Bird, Special Counsel representing the District in regard to
Item No. CS-1 did not provide a report.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA
ITEMS, IF ANY:
SUPPLEMENTAL AGENDA ITEM:
5. CLOSED SESSION ATTENDANCE BY DIRECTORS SERVING ON THE
BOARD OF AN ADVERSE PARTY (Jim Herberg)
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board
of Directors to:
A. Rescind Resolution Rescind Resolution No. OCSD 17-07, entitled: "A
Resolution of the Board of Directors of the Orange County Sanitation
District Establishing Requirements for Attendance at Closed Sessions
by Directors Who Simultaneously Serve on the Governing Body of an
Adverse Party"; and
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B. Adopt Resolution No . OCSD 17-09 entitled , "A Resolution of the Board
of Directors of the Orang e County Sanitation District Rescinding
Resolution No . OCSD 17-07 .
AYES: Sebourn ; Shaw ; Shawver; Wagner ; Wanke ; and
Withers
NOES :
ABSTENTIONS:
ABSENT:
None
None
Deaton
ADJOURNMENT:
Chair Sebourn declared the meeting adjourned at 5:53 p .m . to the next Steering
Committee meeting to be held on Wednesday, June 28, 2017 at 5:00 p .m .
Submitted by:
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