HomeMy WebLinkAbout08-25-2021 Board Meeting MinutesORANGE COUNTY SANITATION DISTRICT
MINUTES
BOARD OF DIRECTORS
AUGUST 25, 2021
Board Room
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
BOARD OF DIRECTORS Minutes August 25, 2021
CALL TO ORDER
A regular meeting of the Board of Directors of the Orange County Sanitation District was
called to order by Board Chairman John Withers on August 25, 2021 at 6:02 p.m. in the
Administration Building. Director Anthony Kuo delivered the invocation and led the Pledge of
Allegiance. Chair Withers 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). Chair Withers announced the meeting
guidelines.
ROLL CALL AND DECLARATION OF QUORUM
The Clerk of the Board declared a quorum present as follows:
PRESENT:Art Brown, Kim Carr, Doug Chaffee, Mark Chirco, Stephen Faessel,
Ryan Gallagher, Marshall Goodman, Patrick Harper, Brooke Jones,
Steve Jones, Anthony Kuo, Sandra Massa-Lavitt, Paulo Morales,
Andrew Nguyen, Robert Ooten, Glenn Parker, David Shawver, Chad
Wanke, John Withers and Chad Zimmerman
ABSENT:Rose Espinoza, Johnathan Ryan Hernandez, Kim Nichols and Jesus
Silva
STAFF MEMBERS PRESENT: General Manager Jim Herberg, Clerk of the Board Kelly Lore,
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, Andrew Brown, Jennifer Cabral, Tanya Chong, Raul Cuellar, Brian Engeln, Laurie
Klinger, Tina Knapp, Laura Maravilla, Jeffrey Mohr, and Thomas Vu participated
telephonically.
OTHERS PRESENT: Brad Hogin, General Counsel, and Gary Weisberg, Associate Counsel,
were present in the Board Room.
PUBLIC COMMENTS:
No public comment was provided.
Clerk of the Board Kelly Lore stated that late communication was received regarding a
change to the attachment on Item No. 8 which was provided to the Directors and made
available to the public.
SPECIAL PRESENTATIONS:
1.EMPLOYEE SERVICE AWARDS 2021-1789
Originator: Kelly Lore
Chair Withers recognized:
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BOARD OF DIRECTORS Minutes August 25, 2021
25-year Service Award
Brian Bingman - Engineering Supervisor, Division 770
REPORTS:
Chair Withers announced that the Board Member talking points regarding OC San activities
for assistance with agency reporting would be made available tomorrow.
Chair Withers reported on plans for the Board and Committee meetings to return to in-person
public meetings beginning with the Operations Committee on October 6. He stated that the
Board will receive communication in the near future announcing the return, along with
expectations to comply with OC San’s COVID protocols. Should the Governor's executive
order be extended to allow the continuance of virtual meetings, OC San will remain in a virtual
format.
Chair Withers reminded the Board Members that the September Steering and Board meeting
date was changed from September 22 to the 29th. The Clerk will send out a reminder.
General Manager Jim Herberg reported on fund transfers within the Biosolids Account Pool
from one contract to another, as deemed necessary to effectively manage biosolids. He
stated that $1,600,000 was moved from the Tule Ranch contract to increase the Nursery
Products and the Liberty Compost account by $800,000, each to ensure sufficient funds were
available to sustain these contracts through the end of the year.
Mr. Herberg reported on the current status of the phased return to office plan wherein 25% of
remote workers recently moved back onsite. Mr. Herberg stated that due to the current up tick
in COVID-19 cases in our community and onsite, the escalation of additional workers
returning to office has paused, and we will remain at our current capacity until we begin to see
the numbers resume back in a downward trend.
Mr. Herberg stated that the final 2021-2022 GM Work Plan was presented to the Steering
Committee this evening. He provided a brief explanation of this year’s plan for the Board and
stated that a change was made to a goal which was provided to the Board by the Clerk .
CONSENT CALENDAR:
2.APPROVAL OF MINUTES 2021-1788
Originator: Kelly Lore
MOVED, SECONDED, AND DULY CARRIED TO:
Approve Minutes of the Regular Meeting of the Board of Directors held July 28, 2021.
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BOARD OF DIRECTORS Minutes August 25, 2021
AYES:Art Brown, Kim Carr, Doug Chaffee, Mark Chirco, Stephen Faessel,
Ryan Gallagher, Marshall Goodman, Patrick Harper, Brooke Jones,
Steve Jones, Anthony Kuo, Sandra Massa-Lavitt, Paulo Morales,
Andrew Nguyen, Robert Ooten, Glenn Parker, David Shawver, Chad
Wanke, John Withers and Chad Zimmerman
NOES:None
ABSENT:Rose Espinoza, Johnathan Ryan Hernandez, Kim Nichols and Jesus
Silva
ABSTENTIONS:None
3.CORRECTIONS TO THE 2021-2022 BUDGET - ERRATA
INFORMATION
2021-1811
MOVED, SECONDED, AND DULY CARRIED TO:
Approve the incorporation of adjustments and corrections into the 2021-22 Fiscal Year
Budget.
AYES:Art Brown, Kim Carr, Doug Chaffee, Mark Chirco, Stephen Faessel,
Ryan Gallagher, Marshall Goodman, Patrick Harper, Brooke Jones,
Steve Jones, Anthony Kuo, Sandra Massa-Lavitt, Paulo Morales,
Andrew Nguyen, Robert Ooten, Glenn Parker, David Shawver, Chad
Wanke, John Withers and Chad Zimmerman
NOES:None
ABSENT:Rose Espinoza, Johnathan Ryan Hernandez, Kim Nichols and Jesus
Silva
ABSTENTIONS:None
RECEIVE AND FILE:
4.COMMITTEE MEETING MINUTES 2021-1547
Originator: Kelly Lore
WITHOUT OBJECTION ACTION TAKEN TO RECEIVE AND FILE THE FOLLOWING:
A.Minutes of the GWRS Steering Committee Meeting held April 12, 2021.
B.Minutes of the Steering Committee Meeting held June 23, 2021.
C.Minutes of the Operations Committee Meeting held July 7, 2021.
D.Minutes of the Administration Committee Meeting held July 14, 2021.
5.REPORT OF THE INVESTMENT TRANSACTIONS FOR THE MONTH
OF JULY 2021
2021-1697
Originator: Lorenzo Tyner
WITHOUT OBJECTION ACTION TAKEN TO RECEIVE AND FILE THE FOLLOWING:
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BOARD OF DIRECTORS Minutes August 25, 2021
Report of the Investment Transactions for the month of July 2021.
6.2021 ORANGE COUNTY SANITATION DISTRICT NATIONAL
POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT (NPDES
PERMIT NO. CA0110604, ORDER R8-2021-0010)
2021-1795
Originator: Lan Wiborg
WITHOUT OBJECTION ACTION TAKEN TO RECEIVE AND FILE THE FOLLOWING:
Receive and file the U.S. Environmental Protection Agency (EPA) National Pollutant
Discharge Elimination System (NPDES) Permit No. CA0110604 and Santa Ana
Regional Water Quality Control Board Waste Discharge Requirements Order No.
R8-2021-0010.
PUBLIC HEARING
7.COLLECTION OF SEWER SERVICE CHARGES VIA THE TAX ROLL 2021-1708
Originator: Lorenzo Tyner
Chair Withers opened the public hearing at 6:15 p.m. and hearing no comment or
objections, closed the public hearing.
MOVED, SECONDED, AND DULY CARRIED TO:
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BOARD OF DIRECTORS Minutes August 25, 2021
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 2021-22”:
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. OC SAN 21-13 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 2021/2022”;
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:Art Brown, Kim Carr, Doug Chaffee, Mark Chirco, Stephen Faessel,
Ryan Gallagher, Marshall Goodman, Patrick Harper, Brooke Jones,
Steve Jones, Anthony Kuo, Sandra Massa-Lavitt, Paulo Morales,
Andrew Nguyen, Robert Ooten, Glenn Parker, David Shawver, Chad
Wanke, John Withers and Chad Zimmerman
NOES:None
ABSENT:Rose Espinoza, Johnathan Ryan Hernandez, Kim Nichols and Jesus
Silva
ABSTENTIONS:None
OPERATIONS COMMITTEE:
None.
ADMINISTRATION COMMITTEE:
None.
LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE:
None.
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BOARD OF DIRECTORS Minutes August 25, 2021
STEERING COMMITTEE:
8.GENERAL MANAGER’S FISCAL YEAR 2021-22 WORK PLAN 2021-1816
Originator: Jim Herberg
MOVED, SECONDED, AND DULY CARRIED TO:
Approve the General Manager’s Fiscal Year 2021-22 Work Plan.
AYES:Art Brown, Kim Carr, Doug Chaffee, Mark Chirco, Stephen Faessel,
Ryan Gallagher, Marshall Goodman, Patrick Harper, Brooke Jones,
Steve Jones, Anthony Kuo, Sandra Massa-Lavitt, Paulo Morales,
Andrew Nguyen, Robert Ooten, Glenn Parker, David Shawver, Chad
Wanke, John Withers and Chad Zimmerman
NOES:None
ABSENT:Rose Espinoza, Johnathan Ryan Hernandez, Kim Nichols and Jesus
Silva
ABSTENTIONS:None
9.BAY BRIDGE PUMP STATION FORCE MAIN ISOLATION VALVE
REPLACEMENT, PROJECT NO. FRC-0013
2021-1819
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO:
A. Ratify Approval of an Emergency Repair Service Contract to Charles King
Company for Bay Bridge Pump Station Force Main Isolation Valve Replacement,
Project No. FRC-0013, for an amount not to exceed $289,585; and
B. Approve a contingency of $144,793 (50%).
AYES:Art Brown, Kim Carr, Doug Chaffee, Mark Chirco, Stephen Faessel,
Ryan Gallagher, Marshall Goodman, Patrick Harper, Brooke Jones,
Steve Jones, Anthony Kuo, Sandra Massa-Lavitt, Paulo Morales,
Andrew Nguyen, Robert Ooten, Glenn Parker, David Shawver, Chad
Wanke, John Withers and Chad Zimmerman
NOES:None
ABSENT:Rose Espinoza, Johnathan Ryan Hernandez, Kim Nichols and Jesus
Silva
ABSTENTIONS:None
10.BAY BRIDGE PUMP STATION VALVE REPLACEMENT, PROJECT
NO. FRC-0002
2021-1820
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO:
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BOARD OF DIRECTORS Minutes August 25, 2021
Approve a contingency increase of $269,100 (45%) to the service contract with
Innovative Construction Solutions for Bay Bridge Pump Station Valve Replacement,
Project No. FRC-0002, Specification No. S-2020-1192BD, for a total contingency of
$328,900 (55%).
AYES:Art Brown, Kim Carr, Doug Chaffee, Mark Chirco, Stephen Faessel,
Ryan Gallagher, Marshall Goodman, Patrick Harper, Brooke Jones,
Steve Jones, Anthony Kuo, Sandra Massa-Lavitt, Paulo Morales,
Andrew Nguyen, Robert Ooten, Glenn Parker, David Shawver, Chad
Wanke, John Withers and Chad Zimmerman
NOES:None
ABSENT:Rose Espinoza, Johnathan Ryan Hernandez, Kim Nichols and Jesus
Silva
ABSTENTIONS:None
NON-CONSENT:
11.TREASURER’S REPORT FOR THE FOURTH QUARTER ENDED
JUNE 30, 2021
2021-1703
Originator: Lorenzo Tyner
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, 2021.
AYES:Art Brown, Kim Carr, Doug Chaffee, Mark Chirco, Stephen Faessel,
Ryan Gallagher, Marshall Goodman, Patrick Harper, Brooke Jones,
Steve Jones, Anthony Kuo, Sandra Massa-Lavitt, Paulo Morales,
Andrew Nguyen, Robert Ooten, Glenn Parker, David Shawver, Chad
Wanke, John Withers and Chad Zimmerman
NOES:None
ABSENT:Rose Espinoza, Johnathan Ryan Hernandez, Kim Nichols and Jesus
Silva
ABSTENTIONS:None
12.GENERAL MANAGER’S COMPENSATION AND BENEFITS 2021-1815
Originator: Celia Chandler
Mr. Herberg left the Board Room for discussion on this item.
Chair Withers provided a report on the General Manager's performance evaluation.
MOVED, SECONDED, AND DULY CARRIED TO:
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BOARD OF DIRECTORS Minutes August 25, 2021
Approve a performance-based non-base building lump sum merit payment of 2.5% for
the General Manager based on Fiscal Year 2020/2021 job performance, as authorized
in Resolution No. OCSD 19-12.
AYES:Art Brown, Kim Carr, Doug Chaffee, Mark Chirco, Stephen Faessel,
Ryan Gallagher, Marshall Goodman, Patrick Harper, Brooke Jones,
Steve Jones, Anthony Kuo, Sandra Massa-Lavitt, Paulo Morales,
Andrew Nguyen, Robert Ooten, Glenn Parker, David Shawver, Chad
Wanke, John Withers and Chad Zimmerman
NOES:None
ABSENT:Rose Espinoza, Johnathan Ryan Hernandez, Kim Nichols and Jesus
Silva
ABSTENTIONS:None
INFORMATION ITEMS:
13.2020-21 FISCAL YEAR BUDGET - FINANCIAL CLOSING UPDATE 2021-1813
Originator: Lorenzo Tyner
Assistant General Manager Lorenzo Tyner provided a report on changes to the closing
of the 2020-21 fiscal year budget.
ITEM RECEIVED AS AN:
Information Item.
14.ORANGE COUNTY SANITATION DISTRICT LEVELS OF SERVICE 2021-1799
Originator: Jim Herberg
Assistant General Manager Rob Thompson provided a presentation outlining OC San's
proposed Levels of Service meant to align with the upcoming Strategic Plan.
RECEIVED AS AN:
Information Only.
AB 1234 DISCLOSURE REPORTS:
Director Dave Shawver reported on his recent virtual tour of the GWRS expansion and
requested that the Board of Directors be offered the same tour in the future.
CLOSED SESSION:
CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS
54956.9(d)(4), 54956.9(d)(1) & 54956.8.
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BOARD OF DIRECTORS Minutes August 25, 2021
The Board convened in closed session at 6:55 p.m. to hear three items. Confidential minutes
of the Closed Sessions 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
LITIGATION - GOVERNMENT CODE SECTION 54956.9(d)(4)
2021-1817
CONVENED IN CLOSED SESSION:
Number of Cases: 1
Potential initiation of eminent domain litigation regarding property owned by Bayside
Village Marina, LLC.
CS-2 CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION -
GOVERNMENT CODE SECTION 54956.9(d)(1)
2021-1818
CONVENED IN CLOSED SESSION:
Number of Cases: 1
Bayside Village Marina, LLC v. Orange County Sanitation District; Orange County
Sanitation District Board of Directors; and Does 1-25, Inclusive, Superior Court of the
State of California for the County of Orange - Central Justice Center Case No.
30-2021-01194238-CU-WM-CXC.
CS-3 CONFERENCE WITH REAL PROPERTY NEGOTIATORS -
GOVERNMENT CODE SECTION 54956.8
2021-1823
CONVENED IN CLOSED SESSION:
Number of Cases: 1
Property: Portions of 300 East Coast Highway, Newport Beach, CA; APN No.
440-132-60.
Agency negotiators: General Manager Jim Herberg, Assistant General Manager
Lorenzo Tyner, Assistant General Manager Rob Thompson, Director of Engineering
Kathy Millea, and Controller Wally Richie.
Negotiating parties: Bayside Village Marina, LLC
Under negotiation: Price and terms of payment
RECONVENE IN REGULAR SESSION.
The Board reconvened in regular session at 7:25 p.m.
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BOARD OF DIRECTORS Minutes August 25, 2021
CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED
SESSION:
General Counsel Brad Hogin reported the Board of Directors voted unanimously in Closed
Session to:
Approve the appraisal of Back Bay Landing at Coast Highway and Bayside Drive in Newport
Beach for OC San Pump Station Bay Bridge Pump Station Expansion Project dated August
25, 2021;
Authorize staff to offer Bayside Village Marina, LLC $4,417,486 for the real property interests
described in the appraisal and that are needed to construct the project; and
Authorize staff to reimburse Bayside Village Marina, LLC for the reasonable costs of an
independent appraisal not to exceed $5,000.
AYES:Art Brown, Kim Carr, Doug Chaffee, Mark Chirco, Stephen
Faessel, Ryan Gallagher, Marshall Goodman, Patrick Harper,
Brooke Jones, Steve Jones, Anthony Kuo, Sandra Massa-Lavitt,
Paulo Morales, Andrew Nguyen, Robert Ooten, Glenn Parker,
David Shawver, Chad Wanke, John Withers and Chad Zimmerman
NOES:None
ABSENT:Rose Espinoza, Johnathan Ryan Hernandez, Kim Nichols and
Jesus Silva
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY:
None.
BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING:
None.
ADJOURNMENT:
At 7:27 p.m., Chair Withers adjourned the meeting until the Special Meeting of the Board of
Directors to be held on Wednesday, September 29, 2021 at 6:00 p.m.
Submitted by:
__________________
Kelly A. Lore, MMC
Clerk of the Board
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