HomeMy WebLinkAbout12-18-2019 Board Meeting MinutesORANGE COUNTY SANITATION DISTRICT
MINUTES
BOARD OF DIRECTORS
DECEMBER 18, 2019
Board Room
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
BOARD OF DIRECTORS Minutes December 18, 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 December 18, 2019 at 6:02 p.m. in the
Administration Building. Director Christina Shea 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, Doug Chaffee, Robert Collacott, James Ferryman,
Cecilia Iglesias, Steve Jones, Lucille Kring, Sandra Massa-Lavitt,
Mark Murphy, Richard Murphy, Andrew Nguyen, Glenn Parker, Erik
Peterson, Tim Shaw, David Shawver, Christina Shea, Jesus Silva,
Fred Smith, Chad Wanke, John Withers, Mariellen Yarc, Marshall
Goodman (Alternate), Patrick Harper (Alternate) and Chuck Puckett
(Alternate)
ABSENT: Phil Hawkins
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; Jennifer Cabral; Raul Cuellar; Mike
Dorman; Brian Engeln; Dean Fisher; Lisa Frigo; Al Garcia; Tom Grant; Tina Knapp; Rebecca
Long; Laura Maravilla; Josh Martinez; Cory Mayne; Tom Meregillano; Jeff Mohr; Cindy Murra;
John Preston; Roy Reynolds; Wally Ritchie; Sharon Yin and Ruth Zintzun
OTHERS PRESENT: Brad Hagin (General Counsel); and Alternate Board Member Bob
Ooten (CMSD); Connor Medina, OCBC; Eric Sapirstein, ENS; and Eric O'Donnell, TPA.
1. APPOINTMENTS TO THE ORANGE COUNTY SANITATION DISTRICT
BOARD OF DIRECTORS
Originator: Kelly Lore
2019-840
Chair Shawver announced that Late Communications from member agencies had
been received regarding the item.
WITHOUT OBJECTION ACTION TAKEN TO:
Receive and file minute excerpts of member agencies relating to appointments to the
Orange County Sanitation District Board of Directors effective January 1, 2020:
Agency Director Alternate Director
City of La Palma Peter Kim Nitesh Patel
The Clerk of the Board received late communication after the publication of the agenda
Page 1 of 14
BOARD OF DIRECTORS Minutes December 18, 2019
regarding Item No. 1. Additional minute excerpts of member agencies were received
and filed relating to appointments to the Orange County Sanitation District Board of
Directors effective as follows:
Agency
City of Cypress
City of Huntington Beach
City of La Habra
Midway City
Sanitary District
Director
Mariellen Yarc
Erik Peterson
Tim Shaw
Andrew Nguyen
Alternate Director
Stacy Berry (effective 12/09/2019)
Lyn Semeta (effective 0110112020)
Rose Espinoza (effective 12/16/2019)
Margie L. Rice (effective 1211012019)
Chair Shawver acknowledged and thanked Alternate Director Marshall Goodman for his
service as an active Alternate Director on the OCSD Board of Directors.
PUBLIC COMMENTS:
None.
SPECIAL PRESENTATIONS:
SP-1 ORANGE COUNTY BUSINESS COUNCIL PRESENTATION OF 2019 SUSTAINABLE
AND GREEN DEVELOPMENT AWARD
Government Affairs Specialist Connor Medina presented the Orange County Business
Council's 2019 Sustainable and Green Development Award for OCSD's Food Waste
Diversion Project to OCSD's Board Chair Shawver and the project team.
Vice-Chair Withers departed the meeting at 6:07 p.m.
SP-2 ANNUAL LEGISLATIVE AFFAIRS UPDATE FOR 2019 2019-792
Originator: Jim Herberg
WITHOUT OBJECTION ACTION TAKEN TO RECEIVE:
Information regarding the legislative affairs program will be provided to the Board of
Directors. Orange County Sanitation District's Federal and State Lobbyists will provide
an overview of the annual update for 2019.
REPORTS:
Chair Shawver stated that prior to the Board meeting, the Orange County Fire Authority picked
up over 300 toys that were donated to the Spark of Love Toy Drive by OCSD staff, so that
disadvantaged children in Southern California can have a joyous Christmas.
He also stated that all Committee meetings would be dark in January, but the Steering and
Board meeting would be held on the regularly scheduled meeting date of January 22.
Page 2 of 14
BOARD OF DIRECTORS Minutes December 18, 2019
General Manager Jim Herberg reported that the Headworks Modification project at Plant No.
2 received five construction bids on Tuesday with the lowest bid $10 million under the
engineers estimate. He stated this item will be coming directly to the January Board for
award.
Mr. Herberg reported on the progress of the Headquarters Building design stating that the
project is currently on schedule with 95% design completion; and meetings continue with the
City of Fountain Valley.
Mr. Herberg stated that he attended a celebration for former Board member Pier Swan and
Vice-Chairman John Withers for their 30 years of service at IRWD; and presented Mark Lewis,
Public Works Director for the City of Fountain Valley a commendation for his 30 years of
service.
CONSENT CALENDAR:
2. APPROVAL OF MINUTES 2019-738
Originator: Kelly Lore
MOVED, SECONDED, AND DULY CARRIED TO:
Approve Minutes of the Regular Meeting of the Board of Directors held November 20,
2019.
AYES: Brad Avery, Doug Chaffee, Robert Collacott, James Ferryman,
Cecilia Iglesias, Steve Jones, Lucille Kring, Sandra Massa-Lavitt,
Mark Murphy, Richard Murphy, Andrew Nguyen, Glenn Parker, Erik
Peterson, Tim Shaw, David Shawver, Christina Shea, Jesus Silva,
Fred Smith, Chad Wanke, Mariellen Yarc, Marshall Goodman
(Alternate), Patrick Harper (Alternate) and Chuck Puckett (Alternate)
NOES: None
ABSENT: Phil Hawkins and John Withers
ABSTENTIONS: None
3. PRIMARY SEDIMENTATION BASINS NO. 6-31 RELIABILITY 2019-842
IMPROVEMENTS AT PLANT NO. 1, PROJECT NO. P1-133
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO:
Page 3 of 14
BOARD OF DIRECTORS Minutes December 18, 2019
A. Approve the Amended Professional Design Services Agreement with Carollo
Engineers, Inc. to provide engineering services for Primary Sedimentation
Basins No. 6-31 Reliability Improvements at Plant No. 1, Project No. P1-133, for
an amount not to exceed $1,219,667; and
B. Approve a contingency of $121,967 (10%).
AYES: Brad Avery, Doug Chaffee, Robert Collacott, James Ferryman,
Cecilia Iglesias, Steve Jones, Lucille Kring, Sandra Massa-Lavitt,
Mark Murphy, Richard Murphy, Andrew Nguyen, Glenn Parker, Erik
Peterson, Tim Shaw, David Shawver, Christina Shea, Jesus Silva,
Fred Smith, Chad Wanke, Mariellen Yarc, Marshall Goodman
(Alternate), Patrick Harper (Alternate) and Chuck Puckett (Alternate)
NOES: None
ABSENT: Phil Hawkins and John Withers
ABSTENTIONS: None
RECEIVE AND FILE:
4.
5.
REPORT OF THE INVESTMENT TRANSACTIONS FOR THE MONTH
OF NOVEMBER 2019
Originator: Lorenzo Tyner
WITHOUT OBJECTION ACTION TAKEN TO RECEIVE:
Report of the Investment Transactions for the month of November 2019.
COMMITTEE MEETING MINUTES
Originator: Kelly Lore
WITHOUT OBJECTION ACTION TAKEN TO RECEIVE:
A. Minutes of the Steering Committee Meeting held October 23, 2019
2019-681
2019-736
B. Minutes of the Legislative and Public Affairs Committee held November 4, 2019
C. Minutes of the Operations Committee Meeting held November 6, 2019
D. Minutes of the Administration Committee Meeting held November 13, 2019
OPERATIONS COMMITTEE:
6. PROTEIN MATRIX DEMONSTRATION STUDY AT PLANT NO. 1,
PROJECT NO. RE18-02
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO:
Page 4 of 14
2019-820
BOARD OF DIRECTORS Minutes December 18, 2019
A Ratify the prior Sole Source Purchases to Protein Matrix LLC for the
procurement of Protein Matrix Compound PM-4 for Protein Matrix
Demonstration Study at Plant No. 1, Project No. RE 18-02, for a total amount of
$148,500; and
B. Approve a Sole Source Purchase Order to Protein Matrix LLC for the
procurement of Protein Matrix Compound PM-4 for Protein Matrix
Demonstration Study at Plant No. 1, Project No. RE18-02, for a total amount not
to exceed $150, 000.
AYES: Brad Avery, Doug Chaffee, Robert Collacott, James Ferryman,
Cecilia Iglesias, Steve Jones, Lucille Kring, Sandra Massa-Lavitt,
Mark Murphy, Richard Murphy, Andrew Nguyen, Glenn Parker, Erik
Peterson, Tim Shaw, David Shawver, Christina Shea, Jesus Silva,
Fred Smith, Chad Wanke, Mariellen Yarc, Marshall Goodman
(Alternate), Patrick Harper (Alternate) and Chuck Puckett (Alternate)
NOES: None
ABSENT: Phil Hawkins and John Withers
ABSTENTIONS: None
7. 480 VOLT CABLE REPLACEMENT AT PLANT NO. 2 HEADWORKS, 2019-822
PROJECT NO. MP-509
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO:
A Receive and file Bid Tabulation and Recommendation for 480 Volt Cable
Replacement at Plant No. 2 Headworks, Project No. MP-509;
B. Award a Construction Contract to Mass. Electric Construction Co. for 480 Volt
Cable Replacement at Plant No. 2, Project No. MP-509, for a total amount not to
exceed $434,327; and
C. Approve a contingency of $86,865 (20%).
AYES: Brad Avery, Doug Chaffee, Robert Collacott, James Ferryman,
Cecilia Iglesias, Steve Jones, Lucille Kring, Sandra Massa-Lavitt,
Mark Murphy, Richard Murphy, Andrew Nguyen, Glenn Parker, Erik
Peterson, Tim Shaw, David Shawver, Christina Shea, Jesus Silva,
Fred Smith, Chad Wanke, Mariellen Yarc, Marshall Goodman
(Alternate), Patrick Harper (Alternate) and Chuck Puckett (Alternate)
NOES: None
ABSENT: Phil Hawkins and John Withers
ABSTENTIONS: None
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BOARD OF DIRECTORS Minutes December 18, 2019
8. ACTIVATED SLUDGE PLANT CLARIFIER INLET GATE
REPLACEMENT AT PLANT NO. 2, PROJECT NO. MP-638
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO:
2019-823
A. Receive and file Bid Tabulation and Recommendation for Activated Sludge Plant
Clarifier Inlet Gate Replacement at Plant No. 2, Project No. MP-638;
B. Award a Construction Contract to Innovative Construction Solutions for Activated
Sludge Plant Clarifier Inlet Gate Replacement at Plant No. 2, Project No. MP-
638, for a total amount not to exceed $658,300; and
C. Approve a contingency of $65,830 (10%).
AYES: Brad Avery, Doug Chaffee, Robert Collacott, James Ferryman,
Cecilia Iglesias, Steve Jones, Lucille Kring, Sandra Massa-Lavitt,
Mark Murphy, Richard Murphy, Andrew Nguyen, Glenn Parker, Erik
Peterson, Tim Shaw, David Shawver, Christina Shea, Jesus Silva,
Fred Smith, Chad Wanke, Mariellen Yarc, Marshall Goodman
(Alternate), Patrick Harper (Alternate) and Chuck Puckett (Alternate)
NOES: None
ABSENT: Phil Hawkins and John Withers
ABSTENTIONS: None
9. AGREEMENT FOR THE PURCHASE OF LIQUID CATIONIC 2019-824
POLYMER, SPECIFICATION NO. C-2019-1087BD
Originator: Rob Thompson
MOVED, SECONDED, AND DULY CARRIED TO:
A. Approve a Chemical Supplier Agreement with Polydyne, Inc. for the purchase of
Cationic Polymer, Specification No. C-2019-1087BD, for the period beginning
February 1, 2020 through January 31, 2021 for a unit price of $2.548 per active
pound plus freight and applicable sales tax, for a total estimated annual amount
of $3,866,280 with four (4) one-year renewal options; and
B. Approve an annual unit price contingency of 15%.
AYES:
NOES:
Brad Avery, Doug Chaffee, Robert Collacott, James Ferryman,
Cecilia Iglesias, Steve Jones, Lucille Kring, Sandra Massa-Lavitt,
Mark Murphy, Richard Murphy, Andrew Nguyen, Glenn Parker, Erik
Peterson, Tim Shaw, David Shawver, Christina Shea, Jesus Silva,
Fred Smith, Chad Wanke, Mariellen Yarc, Marshall Goodman
(Alternate), Patrick Harper (Alternate) and Chuck Puckett (Alternate)
None
Page 6 of 14
BOARD OF DIRECTORS Minutes December 18, 2019
ABSENT: Phil Hawkins and John Withers
ABSTENTIONS: None
10. SEAL BEACH PUMP STATION REPLACEMENT, PROJECT NO. 3-67 2019-825
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO:
A Approve a Professional Design Services Agreement with Lee & Ro, Inc. to
provide engineering services for Seal Beach Pump Station Replacement,
Project No. 3-67, for an amount not to exceed $5,947,850; and
B. Approve a contingency of $594,785 (10%).
AYES: Brad Avery, Doug Chaffee, Robert Collacott, James Ferryman,
Cecilia Iglesias, Steve Jones, Lucille Kring, Sandra Massa-Lavitt,
Mark Murphy, Richard Murphy, Andrew Nguyen, Glenn Parker, Erik
Peterson, Tim Shaw, David Shawver, Christina Shea, Jesus Silva,
Fred Smith, Chad Wanke, Mariellen Yarc, Marshall Goodman
(Alternate), Patrick Harper (Alternate) and Chuck Puckett (Alternate)
NOES: None
ABSENT: Phil Hawkins and John Withers
ABSTENTIONS: None
11. WESTMINSTER BOULEVARD FORCE MAIN REPLACEMENT, 2019-826
PROJECT NO. 3-62
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO:
A Approve a Professional Construction Services Agreement with Stantec
Consulting, Inc. to provide construction support services for Westminster
Boulevard Force Main Replacement, Project No. 3-62, for a total amount not to
exceed $1, 183,000; and
B. Approve a contingency of $118,300 (10%).
AYES: Brad Avery, Doug Chaffee, Robert Collacott, James Ferryman,
Cecilia Iglesias, Steve Jones, Lucille Kring, Sandra Massa-Lavitt,
Mark Murphy, Richard Murphy, Andrew Nguyen, Glenn Parker, Erik
Peterson, Tim Shaw, David Shawver, Christina Shea, Jesus Silva,
Fred Smith, Chad Wanke, Mariellen Yarc, Marshall Goodman
(Alternate), Patrick Harper (Alternate) and Chuck Puckett (Alternate)
NOES: None
ABSENT: Phil Hawkins and John Withers
ABSTENTIONS: None
Page 7 of 14
BOARD OF DIRECTORS Minutes December 18, 2019
12. WESTMINSTER BOULEVARD FORCE MAIN REPLACEMENT,
PROJECT NO. 3-62
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO:
A Receive and file Bid Tabulation and Recommendation for Westminster
Boulevard Force Main Replacement, Project No. 3-62;
2019-827
B. Award a Construction Contract to Teichert Energy & Utilities Group, Inc. for
Westminster Boulevard Force Main Replacement, Project No. 3-62, for a total
amount not to exceed $27,743,000; and
C. Approve a contingency of $2,774,300.
AYES: Brad Avery, Doug Chaffee, Robert Collacott, James Ferryman,
Cecilia Iglesias, Steve Jones, Lucille Kring, Sandra Massa-Lavitt,
Mark Murphy, Richard Murphy, Andrew Nguyen, Glenn Parker, Erik
Peterson, Tim Shaw, David Shawver, Christina Shea, Jesus Silva,
Fred Smith, Chad Wanke, Mariellen Yarc, Marshall Goodman
(Alternate), Patrick Harper (Alternate) and Chuck Puckett (Alternate)
NOES: None
ABSENT: Phil Hawkins and John Withers
ABSTENTIONS: None
ADMINISTRATION COMMITTEE:
13. PAYMENT OF ANNUAL NATIONAL POLLUTANT DISCHARGE AND
ELIMINATION SYSTEM (NPDES) PERMIT FEES
Originator: Lan Wiborg
MOVED, SECONDED, AND DULY CARRIED TO:
2019-848
Approve payment of $653,081 for annual NPDES (ocean discharge) permit fees.
AYES: Brad Avery, Doug Chaffee, Robert Collacott, James Ferryman,
Cecilia Iglesias, Steve Jones, Lucille Kring, Sandra Massa-Lavitt,
Mark Murphy, Richard Murphy, Andrew Nguyen, Glenn Parker, Erik
Peterson, Tim Shaw, David Shawver, Christina Shea, Jesus Silva,
Fred Smith, Chad Wanke, Mariellen Yarc, Marshall Goodman
(Alternate), Patrick Harper (Alternate) and Chuck Puckett (Alternate)
NOES: None
ABSENT: Phil Hawkins and John Withers
ABSTENTIONS: None
Page 8 of 14
BOARD OF DIRECTORS Minutes
14. INVEST AND/OR REINVEST ORANGE COUNTY SANITATION
DISTRICT'S FUNDS AND ADOPT INVESTMENT POLICY
STATEMENT
Originator: Lorenzo Tyner
MOVED, SECONDED, AND DULY CARRIED TO:
December 18, 2019
2019-849
Adopt Resolution No. OCSD 19-21, entitled, "A Resolution of the Board of Directors of
the Orange County Sanitation District, Authorizing the Orange County Sanitation
District's Treasurer to Invest and/or Reinvest Orange County Sanitation District's
Funds, Adopting the Orange County Sanitation District's Investment Policy Statement
and Performance Benchmarks, and Repealing Resolution No. OCSD 18-23".
AYES: Brad Avery, Doug Chaffee, Robert Collacott, James Ferryman,
Cecilia Iglesias, Steve Jones, Lucille Kring, Sandra Massa-Lavitt,
Mark Murphy, Richard Murphy, Andrew Nguyen, Glenn Parker, Erik
Peterson, Tim Shaw, David Shawver, Christina Shea, Jesus Silva,
Fred Smith, Chad Wanke, Mariellen Yarc, Marshall Goodman
(Alternate), Patrick Harper (Alternate) and Chuck Puckett (Alternate)
NOES: None
ABSENT: Phil Hawkins and John Withers
ABSTENTIONS: None
LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE:
15. PUBLIC AFFAIRS UPDATE FOR THE MONTH OF NOVEMBER 2019 2019-836
Originator: Jim Herberg
MOVED, SECONDED, AND DULY CARRIED TO:
Receive and file the Public Affairs Update for the month of November 2019.
AYES: Brad Avery, Doug Chaffee, Robert Collacott, James Ferryman,
Cecilia Iglesias, Steve Jones, Lucille Kring, Sandra Massa-Lavitt,
Mark Murphy, Richard Murphy, Andrew Nguyen, Glenn Parker, Erik
Peterson, Tim Shaw, David Shawver, Christina Shea, Jesus Silva,
Fred Smith, Chad Wanke, Mariellen Yarc, Marshall Goodman
(Alternate), Patrick Harper (Alternate) and Chuck Puckett (Alternate)
NOES: None
ABSENT: Phil Hawkins and John Withers
ABSTENTIONS: None
Page 9 of 14
BOARD OF DIRECTORS Minutes December 18, 2019
16. LEGISLATIVE AFFAIRS UPDATE FOR THE MONTH OF NOVEMBER
2019
Originator: Jim Herberg
MOVED, SECONDED, AND DULY CARRIED TO:
2019-837
Receive and file the Legislative Affairs Update for the month of November 2019.
AYES: Brad Avery, Doug Chaffee, Robert Collacott, James Ferryman,
Cecilia Iglesias, Steve Jones, Lucille Kring, Sandra Massa-Lavitt,
Mark Murphy, Richard Murphy, Andrew Nguyen, Glenn Parker, Erik
Peterson, Tim Shaw, David Shawver, Christina Shea, Jesus Silva,
Fred Smith, Chad Wanke, Mariellen Yarc, Marshall Goodman
(Alternate), Patrick Harper (Alternate) and Chuck Puckett (Alternate)
NOES: None
ABSENT: Phil Hawkins and John Withers
ABSTENTIONS: None
17. 2020 LEGISLATIVE/REGULATORY PLAN 2019-838
Originator: Jim Herberg
MOVED, SECONDED, AND DULY CARRIED TO:
Approve the Orange County Sanitation District 2020 Legislative and Regulatory Plan.
AYES: Brad Avery, Doug Chaffee, Robert Collacott, James Ferryman,
Cecilia Iglesias, Steve Jones, Lucille Kring, Sandra Massa-Lavitt,
Mark Murphy, Richard Murphy, Andrew Nguyen, Glenn Parker, Erik
Peterson, Tim Shaw, David Shawver, Christina Shea, Jesus Silva,
Fred Smith, Chad Wanke, Mariellen Yarc, Marshall Goodman
(Alternate), Patrick Harper (Alternate) and Chuck Puckett (Alternate)
NOES: None
ABSENT: Phil Hawkins and John Withers
ABSTENTIONS: None
STEERING COMMITTEE:
18. MEMORANDUM OF UNDERSTANDING WITH ORANGE COUNTY
EMPLOYEES RETIREMENT SYSTEM REGARDING PAYMENT OF
UNFUNDED ACTUARIAL ACCRUED LIABILITIES
Originator: Lorenzo Tyner
MOVED, SECONDED, AND DULY CARRIED TO:
Page 10 of 14
2019-843
BOARD OF DIRECTORS Minutes December 18, 2019
Adopt Resolution No. OCSD 19-20 entitled, "A Resolution of the Board of Directors of
the Orange County Sanitation District authorizing the Execution of the Memorandum of
Understanding with the Orange County Employees Retirement System establishing the
terms to recognize and apply the Orange County Sanitation District's satisfaction of its
Unfunded Accrued Actuarial Liability and deferred Unfunded Accrued Actuarial Liability.
AYES: Brad Avery, Doug Chaffee, Robert Collacott, James Ferryman, Steve
Jones, Lucille Kring, Sandra Massa-Lavitt, Mark Murphy, Richard
Murphy, Andrew Nguyen, Glenn Parker, Erik Peterson, Tim Shaw,
David Shawver, Christina Shea, Jesus Silva, Fred Smith, Chad
Wanke, Marshall Goodman (Alternate), Patrick Harper (Alternate)
and Chuck Puckett (Alternate)
NOES: Mariellen Yarc
ABSENT: Phil Hawkins and John Withers
ABSTENTIONS: Cecilia Iglesias
NON-CONSENT:
None.
INFORMATION ITEMS:
None.
AB 1234 DISCLOSURE REPORTS:
None.
CLOSED SESSION:
CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS
54956.8 & 54956.9(d)(4):
The Board convened in closed session at 6:46 p.m. to discuss 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 LEGAL COUNSEL RE ANTICIPATED 2019-844
LITIGATION -GOVERNMENT CODE SECTION 54956.9(d)(4)
Alternate Director Harper recused himself and left the meeting during discussion on
Item No. CS-1.
CONVENED IN CLOSED SESSION:
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BOARD OF DIRECTORS Minutes December 18, 2019
Number of Potential Cases: 1
Initiation of litigation regarding development fees and conditions at Project OCSD
Headquarters Building: City of Fountain Valley
CS-2 CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED 2019-845
LITIGATION -GOVERNMENT CODE SECTION 54956.9(d)(4)
CONVENED IN CLOSED SESSION:
The Board voted unaimously to deny the claim from Shimmick Construction.
Number of Potential Cases: 1
Claim received from Shimmick Construction pertaining to Project No. J-11 ?B -Outfall
Low Pump Station Ocean Outfall System Rehabilitation
AYES: Brad Avery, Doug Chaffee, Robert Collacott, James Ferryman,
Cecilia Iglesias, Steve Jones, Lucille Kring, Sandra Massa-Lavitt,
Mark Murphy, Richard Murphy, Andrew Nguyen, Glenn Parker, Erik
Peterson, Tim Shaw, David Shawver, Christina Shea, Jesus Silva,
Fred Smith, Chad Wanke, Mariellen Yarc, Marshall Goodman
(Alternate), Patrick Harper (Alternate) and Chuck Puckett (Alternate)
NOES: None
ABSENT: Phil Hawkins and John Withers
ABSTENTIONS: None
CS-3 CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED 2019-846
LITIGATION -GOVERNMENT CODE SECTION 54956.9(d)(4)
CONVENED IN CLOSED SESSION:
The Board voted unanimously to deny the claim from Terra Insurance Company.
Number of Potential Cases: 1
Claim received from Terra Insurance Company pertaining to insurance requirements
for Orange County Sanitation District Project No. PS17-03 -Active Fault Location Study
at Plant No. 2
AYES:
NOES:
ABSENT:
Brad Avery, Doug Chaffee, Robert Collacott, James Ferryman,
Cecilia Iglesias, Steve Jones, Lucille Kring, Sandra Massa-Lavitt,
Mark Murphy, Richard Murphy, Andrew Nguyen, Glenn Parker, Erik
Peterson, Tim Shaw, David Shawver, Christina Shea, Jesus Silva,
Fred Smith, Chad Wanke, Mariellen Yarc, Marshall Goodman
(Alternate), Patrick Harper (Alternate) and Chuck Puckett (Alternate)
None
Phil Hawkins and John Withers
Page 12 of 14
BOARD OF DIRECTORS Minutes
ABSTENTIONS: None
CS-4 CONFERENCE WITH REAL PROPERTY NEGOTIATORS -
GOVERNMENT CODE SECTION 54956.8
CONVENED IN CLOSED SESSION:
December 18, 2019
2019-847
Property: 18475 Bandilier Cir. Fountain Valley, CA -APN No.156-163-15;
Agency negotiators: General Manager, Jim Herberg; Assistant General Manager,
Lorenzo Tyner; Assistant General Manager, Rob Thompson; and Director of
Engineering, Kathy Millea.
Negotiating parties: Sukut Real Properties II, LLC
Under negotiation: Price and terms of payment
RECONVENED IN REGULAR SESSION.
The Board reconvened in regular session at 7:16 p.m.
CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED
SESSION:
General Counsel Brad Hogin provided the following report:
CS-2 -The Board voted unanimously to deny the claim from Shimmick Construction on the
grounds that it does not meet legal requirements.
CS-3 -The Board voted unanimously to deny the claim from Terra Insurance Company.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
_ANY:
None.
BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING:
None.
ADJOURNMENT:
At 7: 17 p.m., Chair Shawver adjourned the meeting until the Regular Meeting of the Board of
Directors to be held on January 22, 2020 at 6:00 p.m.
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BOARD OF DIRECTORS Minutes December 18, 2019
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