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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. 05/24/2017 Steering Committee Minutes Page 1 of5 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 0512412017 Steering Committee Minutes Page 4 of 5 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: 05/24/2017 Steerin g Committee Minutes Page 5 of 5