HomeMy WebLinkAbout08-28-2019 Board Meeting MinutesORANGE COUNTY SANITATION DISTRICT
MINUTES
BOARD OF DIRECTORS
AUGUST 28, 2019
Board Room
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
BOARD OF DIRECTORS Minutes August28,2019
CALL TO ORDER
A regular meeting of the Board of Directors of the Orange County Sanitation District was
called to order by Board Chairman David Shawver on August 28, 2019 at 6:02 p.m. in the
Administration Building. Alternate Director Stacy Berry delivered the invocation and led the
Pledge of Allegiance.
ROLL CALL AND DECLARATION OF QUORUM
The Clerk of the Board declared a quorum present as follows:
Present: Brad Avery, Allan Bernstein, Doug Chaffee, Robert Collacott, James
Ferryman, Phil Hawkins, Cecilia Iglesias, Lucille Kring, Sandra
Massa-Lavitt, Richard Murphy, Steve Nagel, Andrew Nguyen, Glenn
Parker, Erik Peterson, Tim Shaw, David Shawver, Christina Shea,
Fred Smith, Chad Wanke, John Withers, John O'Neill (Alternate),
Stacy Berry (Alternate) and Jan Flory (Alternate)
Absent: Peter Kim and Mark Murphy
STAFF MEMBERS PRESENT: Jim Herberg, General Manager; Rob Thompson, Assistant
General Manager; Lorenzo Tyner, Assistant General Manager; Celia Chandler, Director of
Human Resources; Kathy Millea, Director of Engineering; Lan Wiborg, Director of
Environmental Services; Kelly Lore, Clerk of the Board; Jeff Armstrong; Marc Brown; Jennifer
Cabral; Cliff Casanova; Rod Collins; Phil Cordova; Ron Coss; Raul Cuellar; Don Cutler; Thys
DeVries; Mike Dorman; Dean Fisher; Al Garcia; Ted Gerber; Jed Gonzales; Mark Kawamoto;
Laurie Klinger; Tina Knapp; Laura Maravilla; Tom Meregillano; Andrew Nau; Wally Ritchie;
Roya Sohanaki; Don Stokes; Thomas Vu; and Eros Yong.
OTHERS PRESENT: Brad Hogin (General Counsel); Laura Kalty, Liebert Cassidy Whitmore
(Special Counsel); Bob Ooten (Alternate Director) CMSD; Saliem Aregaye, OCEA; Joseph
Choo, GST and Austin Mejia, Supervisor Chaffee's office.
PUBLIC COMMENTS:
None.
SPECIAL PRESENTATIONS:
Assistant General Manager Rob Thompson presented a 30 year Employee Service Award to
Phil Cordova, Lead Mechanic Division 870.
REPORTS:
Page 1 of 12
BOARD OF DIRECTORS Minutes August 28, 2019
Chair Shawver thanked everyone who was able to attend OCSD's 65th Open House and
Centrifuge Facility Ribbon Cutting ceremony last month, and stated that more than 45 elected
officials, industry leaders attended the ribbon cutting ceremony with over 500 guests at the
Community Open House.
Chair Shawver also reported on his attendance and participation at the CASA Conference in
San Diego last week and the Urban Water Institute Conference in San Diego the week of the
19th. He stated that information regarding the Governor's Plan for California WateReuse had
been provided to the Directors and made available for the public.
Chair Shawver thanked everyone who was able to attend OCSD's 65th Open House and
Centrifuge Facility Ribbon Cutting ceremony last month, and stated that more than 45 elected
officials, industry leaders attended the ribbon cutting ceremony with over 500 guests at the
Community Open House.
Chair Shawver also reported on his attendance and participation at the CASA Conference in
San Diego last week and the Urban Water Institute Conference in San Diego the week of the
19th. He stated that information regarding the Governor's Plan for California WateReuse had
been provided to the Directors and made available for the public.
General Manager Herberg reported that the American Society of Civil Engineers conducted a
peer review conducted by several outside agencies who identified strengths and specific
opportunities for improvement He stated that Director of Engineering Kathy Millea will work
with staff to follow-up on these opportunities.
Mr. Herberg announced that OCSD's Purchasing, Contracts & Materials Management
Division has been awarded the Achievement of Excellence in Procurement for the 18th
consecutive year. He also announced and congratulated Jennifer Cabral on her promotion to
Administration Manager who will help to support the Executive Management Team and the
Board of Directors, while overseeing Public Affairs and Board Services.
Mr. Herberg stated that tonight will be the first of three presentations for the Development of
the New Strategic Plan, including a Special meeting of the Board on September 18; and
concluding at the Regular Board meeting on September 25.
Finally, Mr. Herberg announced that the new agenda management software, the Legistar
product from Granicus has been launched.
CONSENT CALENDAR:
1. APPROVAL OF MINUTES 2019-447
Originator: Kelly Lore
MOVED, SECONDED, AND DULY CARRIED TO:
Approve Minutes of the Regular Meeting of the Board of Directors held July 24, 2019.
Page 2 of 12
BOARD OF DIRECTORS Minutes August28,2019
2.
3.
Ayes: Brad Avery, Allan Bernstein, Doug Chaffee, Robert Collacott, James
Ferryman, Phil Hawkins, Cecilia Iglesias, Lucille Kring, Sandra
Massa-Lavitt, Richard Murphy, Steve Nagel, Andrew Nguyen, Glenn
Parker, Erik Peterson, Tim Shaw, David Shawver, Christina Shea,
Fred Smith, Chad Wanke, John Withers, John O'Neill (Alternate),
Stacy Berry (Alternate) and Jan Flory (Alternate)
Noes:
Absent:
Abstentions:
None
Peter Kim and Mark Murphy
None
ANNUAL MANHOLE FRAME AND COVER REPAIR CONTRACT
Originator: Rob Thompson
MOVED, SECONDED, AND DULY CARRIED TO:
2019-481
A Receive and file Bid Tabulation and Recommendation for Ayala Engineering for
Manhole Frame Cover Replacement Services, Specification No.
S-2019-1055BD.
B. Award a Service Contract to Ayala Engineering to provided Manhole Frame &
Cover Replacement Services, Specification No. S-2019-1055BD, for a total
amount not to exceed $390,220 for the period beginning November 1, 2019
through October 31, 2020, with four optional one-year renewals; and
C. Approve an annual contingency of $58,533 (15%).
Ayes: Brad Avery, Allan Bernstein, Doug Chaffee, Robert Collacott, James
Ferryman, Phil Hawkins, Cecilia Iglesias, Lucille Kring, Sandra
Massa-Lavitt, Richard Murphy, Steve Nagel, Andrew Nguyen, Glenn
Parker, Erik Peterson, Tim Shaw, David Shawver, Christina Shea,
Fred Smith, Chad Wanke, John Withers, John O'Neill (Alternate),
Noes:
Absent:
Stacy Berry (Alternate) and Jan Flory (Alternate)
None
Peter Kim and Mark Murphy
Abstentions: None
GENERAL MANAGER APPROVED PURCHASES AND ADDITIONS TO
THE PRE-APPROVED OEM SOLE SOURCE LIST
Originator: Lorenzo Tyner
MOVED, SECONDED, AND DULY CARRIED TO:
Page 3 of 12
2019-483
BOARD OF DIRECTORS Minutes August 28, 2019
A Receive and file District purchases made under the General Manager's authority
for the period of April 1, 2019 to June 30, 2019; and
B. Approve the following additions to the pre-approved OEM Sole Source List for
the period of April 1, 2019 to June 30, 2019:
Ayes:
Noes:
1. DME -Exhaust Bellows
2. FAIRBANKS NIJHUIS (FAIRBANKS MORSE) -Pump Repairs
3. JOHNSON MATTHEY SEC -Oxidation Catalyst (OXI) Units
4. SOUTHERN CALIFORNIA COASTAL WATER RESEARCH PROJECT
(SCCWRP)-Bight'18 Biological Impacts Assessment
5. WONDERWARE CALIFORNIA -Industrial Operator Interface Products
(lntelaTrac)
Brad Avery, Allan Bernstein, Doug Chaffee, Robert Collacott, James
Ferryman, Phil Hawkins, Cecilia Iglesias, Lucille Kring, Sandra
Massa-Lavitt, Richard Murphy, Steve Nagel, Andrew Nguyen, Glenn
Parker, Erik Peterson, Tim Shaw, David Shawver, Christina Shea,
Fred Smith, Chad Wanke, John Withers, John O'Neill (Alternate),
Stacy Berry (Alternate) and Jan Flory (Alternate)
None
Absent: Peter Kim and Mark Murphy
None Abstentions:
RECEIVE AND FILE:
4.
5.
COMMITTEE MEETING MINUTES
Originator: Kelly Lore
ACTION TAKEN TO:
Receive and file the approved minutes of the following committees:
Steering Committee Meeting held June 26, 2019
REPORT OF THE INVESTMENT TRANSACTIONS FOR THE MONTH
OF JULY 2019
Originator: Lorenzo Tyner
ACTION TAKEN TO:
2019-449
2019-448
Receive and file the report of the Investment Transactions for the month of July 2019.
Page 4 of 12
BOARD OF DIRECTORS Minutes August 28, 2019
PUBLIC HEARING:
6. COLLECTION OF SEWER SERVICE CHARGES VIA THE TAX ROLL 2019-486
Originator: Lorenzo Tyner
Board Chairman David Shawver read the title into the record and proceeded with the
Public Hearing.
MOVED, SECONDED, AND DULY CARRIED TO:
A Conduct a public hearing to receive input on a report filed with the Clerk of the
Board entitled: "Sewer Service Charges for Collection on Tax Rolls for Fiscal
Year 2019-20"
1. Open the Public Hearing
2. Receive staff report and recommendations
3. Report of written communications by Clerk of the Board
4. Public Comment
5. Close Public Hearing
6. Discussion by Board of Directors;
B. Unless there is a majority protest, adopt the report, which has the assessor's
parcel numbers and amount of charges for collection on the tax rolls;
C. Adopt Resolution No. OCSD 19-11 entitled "A Resolution of the Board of
Directors of the Orange County Sanitation District adopting the Report proposing
to collect Sewer Service Fees on the Tax Roll for Fiscal Year 2019/2012";
D. Authorize execution of the "Certification of Assessment";
E. Direct staff to file a certified copy of the adopted Resolution, Report and the
Certification of assessment with the County Auditor-Controller; and
F. Direct staff to coordinate collection of sanitary sewer service charges on the
general Orange County tax rolls with the County Auditor-Controller, Assessor,
and Tax Collector.
Ayes:
Noes:
Absent:
Abstentions:
Brad Avery, Allan Bernstein, Doug Chaffee, Robert Collacott, James
Ferryman, Phil Hawkins, Cecilia Iglesias, Lucille Kring, Sandra
Massa-Lavitt, Richard Murphy, Steve Nagel, Andrew Nguyen, Glenn
Parker, Erik Peterson, Tim Shaw, David Shawver, Christina Shea,
Fred Smith, Chad Wanke, John Withers, John O'Neill (Alternate),
Stacy Berry (Alternate) and Jan Flory (Alternate)
None
Peter Kim and Mark Murphy
None
Page 5 of 12
BOARD OF DIRECTORS Minutes August 28, 2019
STEERING COMMITTEE:
7.
8.
9.
AMENDMENT TO BIG CANYON COUNTRY CLUB EASEMENT 2019-496
Originator: Lorenzo Tyner
MOVED, SECONDED, AND DULY CARRIED TO:
Approve the Amendment to Easement between Orange County Sanitation District and
Big Canyon Country Club to adjust the Sanitation District's easement to correspond
with the new sewer location within the Big Canyon Country Club in the City of Newport
Beach.
Ayes:
Noes:
Absent:
Abstentions:
Brad Avery, Allan Bernstein, Doug Chaffee, Robert Collacott, James
Ferryman, Phil Hawkins, Cecilia Iglesias, Lucille Kring, Sandra
Massa-Lavitt, Richard Murphy, Steve Nagel, Andrew Nguyen, Glenn
Parker, Erik Peterson, Tim Shaw, David Shawver, Christina Shea,
Fred Smith, Chad Wanke, John Withers, John O'Neill (Alternate),
Stacy Berry (Alternate) and Jan Flory (Alternate)
None
Peter Kim and Mark Murphy
None
SETTLEMENT AGREEMENT WITH ASEPTIC TECHNOLOGY, LLC 2019-497
Originator: Lan Wiborg
MOVED, SECONDED, AND DULY CARRIED TO:
Authorize the General Manager to execute a Settlement Agreement to settle industrial
wastewater discharge enforcement matters with Aseptic Technology, LLC, a facility that
discharged without a valid Orange County Sanitation District permit, for $185,000 plus
applicable fees and interest, in a form approved by General Counsel.
Ayes: Brad Avery, Allan Bernstein, Doug Chaffee, Robert Collacott, James
Ferryman, Phil Hawkins, Cecilia Iglesias, Lucille Kring, Sandra
Massa-Lavitt, Richard Murphy, Steve Nagel, Andrew Nguyen, Glenn
Parker, Erik Peterson, Tim Shaw, David Shawver, Christina Shea,
Fred Smith, Chad Wanke, John Withers, John O'Neill (Alternate),
Noes:
Absent:
Stacy Berry (Alternate) and Jan Flory (Alternate)
None
Peter Kim and Mark Murphy
Abstentions: None
GENERAL MANAGER'S FISCAL YEAR 2019-20 DRAFT WORK PLAN
Originator: Jim Herberg
Page 6 of 12
2019-498
BOARD OF DIRECTORS Minutes August28,2019
MOVED, SECONDED, AND DULY CARRIED TO:
Receive and file the General Manager's Fiscal Year 2019-2020 Draft Work Plan.
Ayes: Brad Avery, Allan Bernstein, Doug Chaffee, Robert Collacott, James
Ferryman, Phil Hawkins, Cecilia Iglesias, Lucille Kring, Sandra
Massa-Lavitt, Richard Murphy, Steve Nagel, Andrew Nguyen, Glenn
Parker, Erik Peterson, Tim Shaw, David Shawver, Christina Shea,
Fred Smith, Chad Wanke, John Withers, John O'Neill (Alternate),
Noes:
Absent:
Stacy Berry (Alternate) and Jan Flory (Alternate)
None
Peter Kim and Mark Murphy
Abstentions: None
10. ELIMINATION OF UNFUNDED ACTUARIAL ACCRUED LIABILITY
(UAAL) AND NET PENSION LIABILITY (NPL) WITHIN THE ORANGE
COUNTY EMPLOYEES' RETIREMENT SYSTEM
Originator: Lorenzo Tyner
MOVED, SECONDED, AND DULY CARRIED TO:
2019-526
Direct staff to pay off the following amounts in the Orange County Sanitation District's
defined pension plan administered by the Orange County Employees' Retirement
System (OCERS) in an amount not to exceed $38 million:
• Unfunded Actuarial Accrued Liability (UAAL) in the amount of $9 million for
pension benefits
• Net Pension Liability (NPL) in the amount of $29 million for deferred investment
loss
Ayes:
Noes:
Absent:
Abstentions:
NON-CONSENT:
Brad Avery, Allan Bernstein, Doug Chaffee, Robert Collacott, James
Ferryman, Phil Hawkins, Cecilia Iglesias, Lucille Kring, Sandra
Massa-Lavitt, Richard Murphy, Steve Nagel, Andrew Nguyen, Glenn
Parker, Erik Peterson, Tim Shaw, David Shawver, Christina Shea,
Fred Smith, Chad Wanke, John Withers, John O'Neill (Alternate),
Stacy Berry (Alternate) and Jan Flory (Alternate)
None
Peter Kim and Mark Murphy
None
11. TREASURER'S REPORT FOR THE FOURTH QUARTER ENDED
JUNE 30, 2019
2019-488
Originator: Lorenzo Tyner
Page 7 of 12
BOARD OF DIRECTORS Minutes August 28, 2019
MOVED, SECONDED, AND DULY CARRIED TO:
Receive and file the Orange County Sanitation District Fourth Quarter Treasurer's
Report for the period ended June 30, 2019.
Ayes: Brad Avery, Allan Bernstein, Doug Chaffee, Robert Collacott, James
Ferryman, Phil Hawkins, Cecilia Iglesias, Lucille Kring, Sandra
Massa-Lavitt, Richard Murphy, Steve Nagel, Andrew Nguyen, Glenn
Parker, Erik Peterson, Tim Shaw, David Shawver, Christina Shea,
Fred Smith, Chad Wanke, John Withers, John O'Neill (Alternate),
Noes:
Absent:
Stacy Berry (Alternate) and Jan Flory (Alternate)
None
Peter Kim and Mark Murphy
Abstentions: None
12. SUCCESSOR MEMORANDUMS OF UNDERSTANDING FOR THE
SUPERVISOR & PROFESSIONAL GROUPS
Originator: Celia Chandler
MOVED, SECONDED, AND DULY CARRIED TO:
2019-499
A Adopt Resolution No. OCSD 19-08, 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
Supervisory and Professional Management Group, for Fiscal Years 2019/2020,
2020/2021 & 2021/2022; and
B. Direct staff to finalize and sign the Memoranda of Understanding (MOUs)
between Orange County Sanitation District and the two (2) Supervisory and
Professional Management Group bargaining units.
Ayes: Brad Avery, Allan Bernstein, Doug Chaffee, Robert Collacott, James
Ferryman, Phil Hawkins, Lucille Kring, Sandra Massa-Lavitt, Andrew
Nguyen, Glenn Parker, Tim Shaw, David Shawver, Christina Shea,
Fred Smith, Chad Wanke, John Withers, John O'Neill (Alternate) and
Jan Flory (Alternate)
Noes: Cecilia Iglesias, Richard Murphy, Steve Nagel, Erik Peterson and
Stacy Berry (Alternate)
Absent: Peter Kim and Mark Murphy
Abstentions: None
13. SUCCESSOR MEMORANDUMS OF UNDERSTANDING FOR THE
ORANGE COUNTY EMPLOYEES ASSOCIATION
Originator: Celia Chandler
MOVED, SECONDED, AND DULY CARRIED TO:
Page 8 of 12
2019-500
BOARD OF DIRECTORS Minutes August 28, 2019
A Adopt Resolution No. OCSD 19-09, 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 2019/2020, 2020/2021
& 2021/2022; and
B. Direct staff to finalize and sign the Memoranda of Understanding (MOUs)
between Orange County Sanitation District and the three (3) OCEA bargaining
units.
Ayes: Brad Avery, Allan Bernstein, Doug Chaffee, Robert Collacott, James
Ferryman, Phil Hawkins, Lucille Kring, Sandra Massa-Lavitt, Andrew
Nguyen, Glenn Parker, Tim Shaw, David Shawver, Christina Shea,
Fred Smith, Chad Wanke, John Withers, John O'Neill (Alternate) and
Jan Flory (Alternate)
Noes: Cecilia Iglesias, Richard Murphy, Steve Nagel, Erik Peterson and
Stacy Berry (Alternate)
Absent: Peter Kim and Mark Murphy
Abstentions: None
14. SUCCESSOR MEMORANDUMS OF UNDERSTANDING FOR THE
INTERNATIONAL UNION OF OPERATING ENGINEERS -LOCAL 501
Originator: Celia Chandler
MOVED, SECONDED, AND DULY CARRIED TO:
2019-501
A Adopt Resolution No. OCSD 19-10, 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
International Union of Operating Engineers, Local 501, for Fiscal Years
2019/2020, 2020/2021 & 2021/2022; and
B. Direct staff to finalize and sign the Memoranda of Understanding (MOUs)
between Orange County Sanitation District and the Local 501 bargaining unit.
Ayes: Brad Avery, Allan Bernstein, Doug Chaffee, Robert Collacott, James
Ferryman, Phil Hawkins, Lucille Kring, Sandra Massa-Lavitt, Andrew
Nguyen, Glenn Parker, Tim Shaw, David Shawver, Christina Shea,
Fred Smith, Chad Wanke, John Withers, John O'Neill (Alternate) and
Jan Flory (Alternate)
Noes: Cecilia Iglesias, Richard Murphy, Steve Nagel, Erik Peterson and
Stacy Berry (Alternate)
Absent: Peter Kim and Mark Murphy
Abstentions: None
Page 9 of 12
BOARD OF DIRECTORS Minutes August 28, 2019
Board Chairman Shawver announced that Closed Session would be heard prior to Item No.
15 Strategic Plan Development.
CLOSED SESSION:
CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS
54956.9(d) AND 54957.6
The Board convened in closed session at 6:49 p.m. to hear four 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 Session Meetings.
CS-1 CONFERENCE WITH LABOR NEGOTIATORS -GOVERNMENT 2019-450
CODE SECTION 54957.6
CONVENED IN CLOSED SESSION:
Agency Designated Representatives: General Manager James Herberg, Assistant
General Manager Lorenzo Tyner, and Director of Human Resources Celia Chandler.
Unrepresented Employees: Confidential Group: Assistant Clerk of the Board; Clerk of
the Board; Human Resources Analyst; Human Resources Assistant; Human Resources
Supervisor; Principal HR Analyst; Secretary to the General Manager; and Senior
Human Resources Analyst.
CS-2 CONFERENCE WITH LABOR NEGOTIATORS -GOVERNMENT
CODE SECTION 54957.6
CONVENED IN CLOSED SESSION:
2019-451
Agency Designated Representatives: General Manager James Herberg, Assistant
General Manager Lorenzo Tyner and Director of Human Resources Celia Chander.
Unrepresented Employees: Managers Group: Administration Manager; Controller;
Engineering Manager; Environmental Laboratory & Ocean Monitoring Manager; Human
Resources & Risk Manager; IT Systems & Operations Manager; Maintenance
Manager; Operations Manager; and Purchasing and Contracts Manager.
CS-3 CONFERENCE WITH LABOR NEGOTIATORS-GOVERNMENT
CODE SECTION 54957.6
CONVENED IN CLOSED SESSION:
Page 10 of 12
2019-452
BOARD OF DIRECTORS Minutes August 28, 2019
Agency Designated Representatives: General Manager James Herberg, Assistant
General Manager Lorenzo Tyner, and Director of Human Resources Celia Chandler.
Unrepresented Employees: Executive Managers Group: Assistant General Manager;
Director of Engineering; Director of Environmental Services; and Director of Human
Resources.
CS-4 CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED
LITIGATION -GOVERNMENT CODE SECTION 54956.9(0)(2)
CONVENED IN CLOSED SESSION:
Number of Potential Cases: 1
Significant exposure to litigation: Claim of Jose Cruz
RECONVENED IN REGULAR SESSION.
The Board reconvened in regular session at 7:20 p.m.
CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED
SESSION:
2019-453
General Counsel Brad Hagin reported that the Board unanimously denied the Claim of Jose
Cruz.
AB 1234 DISCLOSURE REPORTS:
Director Ferryman reported on his attendance at recent meetings of the NWRI and OCCOG.
15. STRATEGIC PLAN DEVELOPMENT 2019-492
Originator: Rob Thompson
Staff provided input on five intiatives for the development of the new Strategic Plan and
the Board was asked to:
Provide input to staff on the development of the Strategic Plan.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY:
None.
Page 11 of 12