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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 Page 5 of 14 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: Page 11 of 14 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. Page 13of14 BOARD OF DIRECTORS Minutes December 18, 2019 Page 14 of 14