HomeMy WebLinkAbout08-26-2020 Board Meeting MinutesORANGE COUNTY SANITATION DISTRICT
MINUTES
BOARD OF DIRECTORS
AUGUST 26, 2020
Board Room
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
BOARD OF DIRECTORS Minutes August 26, 2020
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 26, 2020 at 6:06 p.m. in the
Administration Building. Director Sandra Massa-Lavitt led the Pledge of Allegiance and
Director Allan Bernstein delivered the invocation. Clerk of the Board Kelly Lore announced
that the meeting was being held telephonically and via audio/video teleconferencing in
accordance with the Governor's Executive Order No. N-29-20, due to the Coronavirus
Pandemic (COVID-19).
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, Steve Jones, Brooke Jones, Peter Kim, Lucille Kring,
Sandra Massa-Lavitt, Nelida Mendoza, Mark Murphy, Richard
Murphy, Andrew Nguyen, Glenn Parker, Erik Peterson, Tim Shaw,
David Shawver, Christina Shea, Jesus Silva, Fred Smith, Chad
Wanke, John Withers and Mariellen Yarc
ABSENT: Steve Nagel
STAFF MEMBERS PRESENT: Jim Herberg, General Manager; Kelly Lore, Clerk of the
Board; and Joshua Martinez were present in the Board Room. Assistant General Manager
Lorenzo Tyner; Assistant General Manager Rob Thompson; Director of Engineering Kathy
Millea; Director of Environmental Services Lan Wiborg; Director of Human Resources Celia
Chandler; Jennifer Cabral; Brian Engeln; Tom Grant; Shamshad Hyder; Laurie Klinger; Tina
Knapp; Laura Maravilla; Jeff Mohr; Tyler Ramirez; and Thomas Vu participated telephonically.
OTHERS PRESENT: Brad Hagin (General Counsel) was present in the Board Room.
PUBLIC COMMENTS:
The Clerk of the Board announced that an eComment had been received regarding Item No.
8 and, in response, clarified that OCSD's contribution for the project will be $50,000.
SPECIAL PRESENTATIONS:
General Manager Herberg presented a 25-year Employee Service Award to Director of
Engineering Kathy Millea.
Ms. Millea presented a 30-year Employee Service Award to Principal Information Technology
Analyst Shamshad Hyder.
REPORTS:
Chair Shawver described new technology modifications which had recently been made to
OCSD's website to increase the public's participation and accessibility to the Board and
Committee meetings during the pandemic, he stated that the Board Members would be
receiving their talking points tomorrow, and he reported on his recent participation at the
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BOARD OF DIRECTORS Minutes August 26, 2020
CASA conference that was held virtually this year.
General Manager Jim Herberg provided a COVID-19 update stating he will continue to
provide his weekly report to the Board of Directors, that operations remain stable, and that the
employees with positive cases have all returned to work.
Mr. Herberg reported on the success of OCSD's virtual tour program and announced that the
next tour would be held Saturday, September 12 at 11 :00 a. m.
CONSENT CALENDAR:
1. APPROVAL OF MINUTES 2020-1168
Originator: Kelly Lore
MOVED, SECONDED, AND DULY CARRIED TO:
Approve Minutes of the Regular Meeting of the Board of Directors held July 22, 2020 at
6:00 p.m.
AYES: Brad Avery, Allan Bernstein, Doug Chaffee, Robert Collacott, Steve
Jones, Brooke Jones, Peter Kim, Lucille Kring, Sandra Massa-Lavitt,
Nelida Mendoza, Mark Murphy, Richard Murphy, Andrew Nguyen,
Glenn Parker, Erik Peterson, Tim Shaw, David Shawver, Christina
Shea, Jesus Silva, Fred Smith, Chad Wanke, John Withers and
Mariellen Yarc
NOES: None
ABSENT: James Ferryman and Steve Nagel
ABSTENTIONS: None
2. 2020 CONFLICT OF INTEREST CODE 2020 .. 1186
Originator: Kelly Lore
MOVED, SECONDED, AND DULY CARRIED TO:
Adopt Resolution No. OCSD 20-08 entitled, "A Resolution of the Board of Directors of
Orange County Sanitation District adopting a Conflict of Interest Code which
supersedes all prior Conflict of Interest Codes and amendments previously adopted".
AYES: Brad Avery, Allan Bernstein, Doug Chaffee, Robert Collacott, Steve
Jones, Brooke Jones, Peter Kim, Lucille Kring, Sandra Massa-Lavitt,
Nelida Mendoza, Mark Murphy, Richard Murphy, Andrew Nguyen,
Glenn Parker, Erik Peterson, Tim Shaw, David Shawver, Christina
Shea, Jesus Silva, Fred Smith, Chad Wanke, John Withers and
Mariellen Yarc
NOES: None
ABSENT: James Ferryman and Steve Nagel
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BOARD OF DIRECTORS Minutes August 26, 2020
3.
ABSTENTIONS: None
REIMBURSEMENT AGREEMENT BETWEEN ORANGE COUNTY
WATER DISTRICT AND ORANGE COUNTY SANITATION DISTRICT
Originator: Rob Thompson
MOVED, SECONDED, AND DULY CARRIED TO:
2020-1188
Approve Reimbursement Agreement with the Orange County Water District entitled
"Agreement Between the Orange County Sanitation District and the Orange County
Water District", in a form approved by General Counsel, for an estimated amount not to
exceed $72,435, to be reimbursed to the Orange County Sanitation District for
Operator Qualified Inspection Services of the lnterplant Digester Gas Pipeline.
AYES: Brad Avery, Allan Bernstein, Doug Chaffee, Robert Collacott, Steve
Jones, Brooke Jones, Peter Kim, Lucille Kring, Sandra Massa-Lavitt,
Nelida Mendoza, Mark Murphy, Richard Murphy, Andrew Nguyen,
Glenn Parker, Erik Peterson, Tim Shaw, David Shawver, Christina
Shea, Jesus Silva, Fred Smith, Chad Wanke, John Withers and
Mariellen Yarc
NOES: None
ABSENT: James Ferryman and Steve Nagel
ABSTENTIONS: None
RECEIVE AND FILE:
4.
5.
REPORT OF THE INVESTMENT TRANSACTIONS FOR THE MONTH
OF JULY 2020
Originator: Lorenzo Tyner
2020-1098
WITHOUT OBJECTION, ACTION TAKEN TO: Receive and file the following:
Report of the Investment Transactions for the month of July 2020.
COMMITTEE MEETING MINUTES
Originator: Kelly Lore
2020 .. 1199
WITHOUT OBJECTION, ACTION TAKEN TO: Receive and file the following:
A. Minutes of the Steering Committee Meeting held June 24, 2020
B. Minutes of the GWRS Steering Committee Meeting held January 13, 2020
PUBLIC HEARING:
6. COLLECTION OF SEWER SERVICE CHARGES VIA THE TAX ROLL 2020-1178
Originator: Lorenzo Tyner
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BOARD OF DIRECTORS Minutes August 26, 2020
Board Chairman David Shawver read the title into the record and proceeded with the
Public Hearing. The Clerk of the Board stated that no comments had been received.
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 2020-21":
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 20-09 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 2020/2021 ";
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: Brad Avery, Allan Bernstein, Doug Chaffee, Robert Collacott, Steve
Jones, Brooke Jones, Peter Kim, Lucille Kring, Sandra Massa-Lavitt,
Nelida Mendoza, Mark Murphy, Richard Murphy, Andrew Nguyen,
Glenn Parker, Erik Peterson, Tim Shaw, David Shawver, Christina
Shea, Jesus Silva, Fred Smith, Chad Wanke, John Withers and
Mariellen Yarc
NOES: None
ABSENT: James Ferryman and Steve Nagel
ABSTENTIONS: None
OPERATIONS COMMITTEE:
None.
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BOARD OF DIRECTORS Minutes August 26, 2020
ADMINISTRATION COMMITTEE:
None.
LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE:
None.
STEERING COMMITTEE:
7. GENERAL MANAGER'S FISCAL YEAR 2020-21 WORK PLAN 2020-1221
Originator: Jim Herberg
MOVED, SECONDED, AND DULY CARRIED TO:
Receive and file the General Manager's Fiscal Year 2020-21 Work Plan.
AYES: Brad Avery, Allan Bernstein, Doug Chaffee, Robert Collacott, Steve
Jones, Brooke Jones, Peter Kim, Lucille Kring, Sandra Massa-Lavitt,
Nelida Mendoza, Mark Murphy, Richard Murphy, Andrew Nguyen,
Glenn Parker, Erik Peterson, Tim Shaw, David Shawver, Christina
Shea, Jesus Silva, Fred Smith, Chad Wanke, John Withers and
Mariellen Yarc
NOES: None
ABSENT: James Ferryman and Steve Nagel
ABSTENTIONS: None
8. WATER UCI INDUSTRY UNIVERSITY RESEARCH CENTER 2020-1222
ANALYSIS
Originator: Jim Herberg
MOVED, SECONDED, AND DULY CARRIED TO:
Authorize the General Manager to enter into an agreement with the University of
California, Irvine (UCI) and the UCI Foundation with a contribution of $50,000 for the
Sewershed-scale analysis of perfluorinated compounds in wastewater in partnership
with the Orange County Water District, Irvine Ranch Water District, Santa Margarita
Water District, and Moulton Niguel Water District; in a form approved by General
Counsel.
AYES: Brad Avery, Allan Bernstein, Doug Chaffee, Robert Collacott, Steve
Jones, Brooke Jones, Peter Kim, Lucille Kring, Sandra Massa-Lavitt,
Nelida Mendoza, Mark Murphy, Richard Murphy, Andrew Nguyen,
Glenn Parker, Erik Peterson, Tim Shaw, David Shawver, Christina
Shea, Jesus Silva, Fred Smith, Chad Wanke, John Withers and
Mariellen Yarc
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BOARD OF DIRECTORS Minutes August26,2020
9.
NOES: None
ABSENT: James Ferryman and Steve Nagel
ABSTENTIONS: None
GENERAL MANAGER'S COMPENSATION AND BENEFITS 2020-1223
Mr. Herberg left the meeting during Item No. 9. Chair Shawver provided a brief
overview of the evaluation process and commended the General Manager's
performance during the year.
MOVED, SECONDED, AND DULY CARRIED TO:
Approve a performance-based merit increase of 2.5% for the General Manager based
on Fiscal Year 2019/2020 job performance, as authorized in Resolution No. OCSD
19-12.
AYES: Brad Avery, Allan Bernstein, Doug Chaffee, Robert Collacott, Steve
Jones, Brooke Jones, Peter Kim, Lucille Kring, Sandra Massa-Lavitt,
Nelida Mendoza, Mark Murphy, Richard Murphy, Andrew Nguyen,
Glenn Parker, Erik Peterson, Tim Shaw, David Shawver, Christina
Shea, Jesus Silva, Fred Smith, Chad Wanke, John Withers and
Mariellen Yarc
NOES: None
ABSENT: James Ferryman and Steve Nagel
ABSTENTIONS: None
NON-CONSENT:
None.
INFORMATION ITEMS:
None.
Director Jim Ferryman arrived at the meeting at approximately 6:37 p.m.
AB 1234 DISCLOSURE REPORTS:
Director Ferryman provided a brief update on his recent attendance at the Border Committee
Meeting.
CLOSED SESSION:
CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION
54956.9(d)(4):
The Board convened in closed session at 6:38 p.m. to discuss one item. Confidential minutes
of the Closed Session have been prepared in accordance with the above Government Code
Section and are maintained by the Clerk of the Board in the Official Book of Confidential
Minutes of Board and Committee Closed Session Meetings.
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BOARD OF DIRECTORS Minutes
CS-1 CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED
LITIGATION -GOVERNMENT CODE SECTION 54956.9{d)(4)
CONVENED IN CLOSED SESSION:
Number of Potential Cases: 1
August26,2020
2020-1194
Initiation of litigation regarding development fees and conditions at Project OCSD
Headquarters Building: City of Fountain Valley
RECONVENED IN REGULAR SESSION.
The Board reconvened in regular session at 6:58 p.m.
CONSIDERATION OF ACTION. IF ANY, ON MATTERS CONSIDERED IN CLOSED
SESSION:
General Counsel Brad Hagin did not provide a report.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY:
None.
BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING:
None.
ADJOURNMENT:
At 7:04 p.m., Chair Shawver adjourned the meeting until the Regular Meeting of the Board of
Directors to be held on September 23, 2020 at 6:00 p. m.
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