HomeMy WebLinkAbout10-27-2021 Board Meeting MinutesORANGE COUNTY SANITATION DISTRICT
MINUTES
BOARD OF DIRECTORS
OCTOBER 27, 2021
Board Room
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
OC ~SAN
ORANGE COUNTY SANITATION DISTRICT
BOARD OF DIRECTORS Minutes October 27, 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 Wednesday, October 27, 2021 at 6:01
p.m. in the Administration Building of the Orange County Sanitation District. Director Kim
Carr delivered the invocation and led the Pledge of Allegiance. Chair Withers stated that the
meeting was being held telephonically and via Internet accessibility in accordance with new
provisions in California Government Code Section 54953 and Resolution No. OC SAN 21-14,
due to the continued State of Emergency Order. Chair Withers announced the teleconference
meeting guidelines.
ROLL CALL (Clerk of the Board)
The Clerk of the Board declared a quorum present as follows:
PRESENT:Brad Avery, Art Brown, Kim Carr, Mark Chirco, Rose Espinoza,
Stephen Faessel, Marshall Goodman, Patrick Harper, Johnathan
Ryan Hernandez, Brooke Jones, Anthony Kuo, Sandra Massa-Lavitt,
Paulo Morales, Andrew Nguyen, Kim Nichols, Robert Ooten, Glenn
Parker, David Shawver, Jesus Silva, Chad Wanke, John Withers and
Donald Wagner (Alternate)
ABSENT:Ryan Gallagher, Steve Jones and Chad Zimmerman
STAFF PRESENT: Kelly Lore, Clerk of the Board, and Mortimer Caparas were present in the
Board Room. 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;
Stephanie Barron; Andrew Brown; Jennifer Cabral; George Crawford; Raul Cuellar; Tina
Knapp; Laura Maravilla; Tom Meregillano; Jeff Mohr; Wally Ritchie; Thomas Vu; Eros Yong;
and Ruth Zintzun were in attendance telephonically.
OTHERS PRESENT: Brad Hogin, General Counsel, and Gary Weisberg, Associate Counsel,
were present in the Board Room. Maya Grasse, Alston and Bird, and Jeff Gilson, TASC, were
in attendance telephonically.
PUBLIC COMMENTS:
None.
Clerk of the Board Kelly Lore announced that after the publication of the Agenda, she was
notified that Closed Session Item Nos. CS-2 and CS-3 A-C would not be heard; and that
CS-6 would be heard at the beginning of Closed Session.
SPECIAL PRESENTATIONS:
1.EMPLOYEE SERVICE AWARDS 2021-1892
Originator: Kelly Lore
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BOARD OF DIRECTORS Minutes October 27, 2021
Chair Withers recognized the following individuals for their years of service:
20-year Service Awards
George Crawford
Luis Kawile
Senior Mechanic Division 870
Machinist Division 870
REPORTS:
Chair Withers announced that due to the Thanksgiving holiday the Steering and Board
Meetings will be held on the third Wednesday next month, on November 17.
He then stated that Assuming Office - Form 700 reminders had been sent out to those who
have not yet filed and encouraged the members to contact the Clerk of the Board the if filing
assistance is needed.
Chair Withers announced that Board Member talking points will be provided tomorrow.
General Manager Herberg announced the inclusion of a subset of OC San’s performance
matrix for the last quarter in his monthly report; and stated that the report will be included on a
quarterly basis moving forward.
Mr. Herberg also announced that a digital copy of the Annual Report was included in the
agenda packet. He stated that the annual report highlights what transpired during the
2020-2021 fiscal year including OC San’s achievements and accomplishments and a video
capturing highlights will be sent to the members in tomorrow’s Board Member talking points.
The video and report will also be published on OC San's website and social media.
Mr. Herberg provided information regarding the passing of Assembly Bill 818 requiring all
packaging for diaper wipes, cleaning wipes, and cosmetic wipes to display clear “Do Not
Flush” warnings. The CASA sponsored bill is the result of a three-year effort between
representatives from wastewater and product stewardship groups, and wipes manufacturers,
to address an urgent pollution problem that has plagued public wastewater infrastructure. The
bill will go into effect in July 2022.
CONSENT CALENDAR:
2. APPROVAL OF MINUTES 2021-1893
Originator: Kelly Lore
MOVED, SECONDED, AND DULY CARRIED TO:
Approve Minutes of the Board of Directors Special Meetings held September 29, 2021
and October 6, 2021.
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BOARD OF DIRECTORS Minutes October 27, 2021
AYES:Art Brown, Kim Carr, Mark Chirco, Rose Espinoza, Stephen Faessel,
Marshall Goodman, Patrick Harper, Johnathan Ryan Hernandez,
Brooke Jones, Anthony Kuo, Sandra Massa-Lavitt, Paulo Morales,
Andrew Nguyen, Kim Nichols, Robert Ooten, Glenn Parker, David
Shawver, Jesus Silva, Chad Wanke, John Withers and Donald
Wagner (Alternate)
NOES:None
ABSENT:Ryan Gallagher, Steve Jones and Chad Zimmerman
ABSTENTIONS:Brad Avery
RECEIVE AND FILE:
3.COMMITTEE MEETING MINUTES 2021-1549
Originator: Kelly Lore
WITHOUT OBJECTION ACTION TAKEN TO RECEIVE AND FILE THE FOLLOWING:
A.Minutes of the GWRS Steering Committee Meeting held July 12, 2021
B.Minutes of the Steering Committee Meeting held August 25, 2021
C.Minutes of the Operations Committee Meeting held September 1, 2021
D.Minutes of the Administration Committee Meeting held September 8, 2021
4.REPORT OF THE INVESTMENT TRANSACTIONS FOR THE MONTH
OF SEPTEMBER 2021
2021-1699
Originator: Lorenzo Tyner
WITHOUT OBJECTION ACTION TAKEN TO RECEIVE AND FILE THE FOLLOWING:
Report of the Investment Transactions for the month of September 2021.
5.ORANGE COUNTY SANITATION DISTRICT ANNUAL REPORT -
FISCAL YEAR 2020-2021
2021-1888
Originator: Jim Herberg
WITHOUT OBJECTION ACTION TAKEN TO RECEIVE AND FILE THE FOLLOWING:
Receive and file the Orange County Sanitation District Annual Report for Fiscal Year
2020-2021.
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BOARD OF DIRECTORS Minutes October 27, 2021
OPERATIONS COMMITTEE:
6.PLANT NO. 1 BUILDING A FEEDER CABLES REPLACEMENT
(MP-337)
2021-1894
Originator: Rob Thompson
MOVED, SECONDED, AND DULY CARRIED TO:
A. Approve a Service Contract to AMTEK Construction for P1 Building A Feeder
Cables Replacement (MP-337), for 480V feeder cables, per Specification No.
S-2021-1261BD, for a total amount not to exceed $356,333; and
B. Approve a contingency of $35,633 (10%).
AYES:Brad Avery, Art Brown, Kim Carr, Mark Chirco, Rose Espinoza,
Stephen Faessel, Marshall Goodman, Patrick Harper, Johnathan
Ryan Hernandez, Brooke Jones, Anthony Kuo, Sandra Massa-Lavitt,
Paulo Morales, Andrew Nguyen, Kim Nichols, Robert Ooten, Glenn
Parker, David Shawver, Jesus Silva, Chad Wanke, John Withers and
Donald Wagner (Alternate)
NOES:None
ABSENT:Ryan Gallagher, Steve Jones and Chad Zimmerman
ABSTENTIONS:None
7.SUNFLOWER PUMP REPLACEMENT AT PLANT NO. 1, PROJECT
NO. FE19-04
2021-1895
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO:
A. Receive and file Bid Tabulation and Recommendation for Sunflower Pump
Replacement at Plant No. 1, Project No. FE 19-04;
B. Award a Construction Contract to GSE Construction Company Inc. for Sunflower
Pump Replacement at Plant No. 1, Project No. FE19-04, for a total amount not
to exceed $2,123,200; and
C. Approve a contingency of $212,320 (10%).
AYES:Brad Avery, Art Brown, Kim Carr, Mark Chirco, Rose Espinoza,
Stephen Faessel, Marshall Goodman, Patrick Harper, Johnathan
Ryan Hernandez, Brooke Jones, Anthony Kuo, Sandra Massa-Lavitt,
Paulo Morales, Andrew Nguyen, Kim Nichols, Robert Ooten, Glenn
Parker, David Shawver, Jesus Silva, Chad Wanke, John Withers and
Donald Wagner (Alternate)
NOES:None
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BOARD OF DIRECTORS Minutes October 27, 2021
ABSENT:Ryan Gallagher, Steve Jones and Chad Zimmerman
ABSTENTIONS:None
8.NEWHOPE-PLACENTIA TRUNK REPLACEMENT, SEGMENT B,
PROJECT NO. 2-72B
2021-1896
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO:
Approve a contingency increase of $1,164,840 (2%) to the Construction Contract with
Group OHL USA, Inc. for Newhope-Placentia Trunk Sewer Replacement, Project Nos.
2-72B and 2-72C, for a total construction contingency of $6,989,040 (12%).
AYES:Brad Avery, Art Brown, Kim Carr, Mark Chirco, Rose Espinoza,
Stephen Faessel, Marshall Goodman, Patrick Harper, Johnathan
Ryan Hernandez, Brooke Jones, Anthony Kuo, Sandra Massa-Lavitt,
Paulo Morales, Andrew Nguyen, Kim Nichols, Robert Ooten, Glenn
Parker, David Shawver, Jesus Silva, Chad Wanke, John Withers and
Donald Wagner (Alternate)
NOES:None
ABSENT:Ryan Gallagher, Steve Jones and Chad Zimmerman
ABSTENTIONS:None
ADMINISTRATION COMMITTEE:
9.MAXIMO MOBILE SOLUTION FOR WAREHOUSE 2021-1913
Originator: Lorenzo Tyner
MOVED, SECONDED, AND DULY CARRIED TO:
A. Approve a Professional Services Agreement to Total Resource Management,
Inc. to provide a Maximo Mobile Solution, Specification No. CS-2021-1257BD,
for a total amount not to exceed $174,722; and
B. Approve a contingency of $26,208 (15%).
AYES:Brad Avery, Art Brown, Kim Carr, Mark Chirco, Rose Espinoza,
Stephen Faessel, Marshall Goodman, Patrick Harper, Johnathan
Ryan Hernandez, Brooke Jones, Anthony Kuo, Sandra Massa-Lavitt,
Paulo Morales, Andrew Nguyen, Kim Nichols, Robert Ooten, Glenn
Parker, David Shawver, Jesus Silva, Chad Wanke, John Withers and
Donald Wagner (Alternate)
NOES:None
ABSENT:Ryan Gallagher, Steve Jones and Chad Zimmerman
ABSTENTIONS:None
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BOARD OF DIRECTORS Minutes October 27, 2021
10.RENEWAL OF ESRI GIS ENTERPRISE LICENSE AGREEMENT
SUBSCRIPTION AND SUPPORT
2021-1914
Originator: Lorenzo Tyner
MOVED, SECONDED, AND DULY CARRIED TO:
A. Approve Amendment No. 2 of Agreement 334620 with Environmental Systems
Research Institute, Inc. for the renewal of the Sole Source GIS Enterprise
License Agreement, for a three-year period commencing December 31, 2021
through December 30, 2024, for a total amount not to exceed $382,000; and
B. Approve a not to exceed contingency of $19,100 (5%).
AYES:Brad Avery, Art Brown, Kim Carr, Mark Chirco, Rose Espinoza,
Stephen Faessel, Marshall Goodman, Patrick Harper, Johnathan
Ryan Hernandez, Brooke Jones, Anthony Kuo, Sandra Massa-Lavitt,
Paulo Morales, Andrew Nguyen, Kim Nichols, Robert Ooten, Glenn
Parker, David Shawver, Jesus Silva, Chad Wanke, John Withers and
Donald Wagner (Alternate)
NOES:None
ABSENT:Ryan Gallagher, Steve Jones and Chad Zimmerman
ABSTENTIONS:None
11.WASTEWATER REFUNDING REVENUE OBLIGATIONS, SERIES
2022A
2021-1915
Originator: Lorenzo Tyner
MOVED, SECONDED, AND DULY CARRIED TO:
Authorize the General Manager to issue new fixed rate Certificates of Participation, to
be referred to as Wastewater Refunding Revenue Obligations, in an amount sufficient
to refund (1) up to $100,645,000 of Wastewater Refunding Revenue Obligations,
Series 2012A and (2) up to $6,670,000 of Wastewater Refunding Revenue Obligations,
Series 2012B.
AYES:Brad Avery, Art Brown, Kim Carr, Mark Chirco, Rose Espinoza,
Stephen Faessel, Marshall Goodman, Patrick Harper, Johnathan
Ryan Hernandez, Brooke Jones, Anthony Kuo, Sandra Massa-Lavitt,
Paulo Morales, Andrew Nguyen, Kim Nichols, Robert Ooten, Glenn
Parker, David Shawver, Jesus Silva, Chad Wanke, John Withers and
Donald Wagner (Alternate)
NOES:None
ABSENT:Ryan Gallagher, Steve Jones and Chad Zimmerman
ABSTENTIONS:None
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BOARD OF DIRECTORS Minutes October 27, 2021
LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE:
None.
STEERING COMMITTEE:
12.LABOR RELATIONS - CHIEF NEGOTIATOR AGREEMENT 2021-1928
Originator: Celia Chandler
MOVED, SECONDED, AND DULY CARRIED TO:
Authorize the Board Chair to execute an agreement with Liebert Cassidy Whitmore, for
Laura Drottz Kalty to serve as the external Chief Negotiator for labor contract
negotiations and related items, for an amount not to exceed $150,000.
AYES:Brad Avery, Art Brown, Kim Carr, Mark Chirco, Rose Espinoza,
Stephen Faessel, Marshall Goodman, Patrick Harper, Johnathan
Ryan Hernandez, Brooke Jones, Anthony Kuo, Sandra Massa-Lavitt,
Paulo Morales, Andrew Nguyen, Kim Nichols, Robert Ooten, Glenn
Parker, David Shawver, Jesus Silva, Chad Wanke, John Withers and
Donald Wagner (Alternate)
NOES:None
ABSENT:Ryan Gallagher, Steve Jones and Chad Zimmerman
ABSTENTIONS:None
13.SUCCESSION MANAGEMENT - EXECUTIVE MANAGEMENT TEAM 2021-1929
Originator: Jim Herberg
MOVED, SECONDED, AND DULY CARRIED TO:
Authorize recruitment and selection for the vacant Director of Operations and
Maintenance position.
AYES:Brad Avery, Art Brown, Kim Carr, Mark Chirco, Rose Espinoza,
Stephen Faessel, Marshall Goodman, Patrick Harper, Johnathan
Ryan Hernandez, Brooke Jones, Anthony Kuo, Sandra Massa-Lavitt,
Paulo Morales, Andrew Nguyen, Kim Nichols, Robert Ooten, Glenn
Parker, David Shawver, Jesus Silva, Chad Wanke, John Withers and
Donald Wagner (Alternate)
NOES:None
ABSENT:Ryan Gallagher, Steve Jones and Chad Zimmerman
ABSTENTIONS:None
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BOARD OF DIRECTORS Minutes October 27, 2021
NON-CONSENT:
14.CONTINUATION OF TELECONFERENCED PUBLIC MEETINGS 2021-1898
Originator: Lorenzo Tyner
MOVED, SECONDED, AND DULY CARRIED TO:
Adopt Resolution No. OC SAN 21-15 entitled, “A Resolution of the Board of Directors
of the Orange County Sanitation District authorizing the continuation of Remote
Meetings pursuant to Government Code Section 54953”.
AYES:Brad Avery, Art Brown, Kim Carr, Mark Chirco, Rose Espinoza,
Stephen Faessel, Marshall Goodman, Patrick Harper, Johnathan
Ryan Hernandez, Brooke Jones, Anthony Kuo, Sandra Massa-Lavitt,
Paulo Morales, Andrew Nguyen, Kim Nichols, Robert Ooten, Glenn
Parker, David Shawver, Jesus Silva, Chad Wanke, John Withers and
Donald Wagner (Alternate)
NOES:None
ABSENT:Ryan Gallagher, Steve Jones and Chad Zimmerman
ABSTENTIONS:None
INFORMATION ITEMS:
None.
AB 1234 DISCLOSURE REPORTS:
Director Shawver announced his upcoming attendance at the Annual OCCOG meeting to be
held November 6th.
CLOSED SESSION:
CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS
54957.6, 54956.8, 54956.9(d)(4) & 54956.9(d)(2).
The Board convened in closed session at 6:30 p.m. to hear four items. Item Nos. CS-2 and
CS-3 were not heard. 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 LABOR NEGOTIATORS - GOVERNMENT
CODE SECTION 54957.6
2021-1930
CONVENED IN CLOSED SESSION:
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BOARD OF DIRECTORS Minutes October 27, 2021
Agency Designated Representatives: General Manager Jim Herberg, Assistant
General Manager Lorenzo Tyner, and Director of Human Resources Celia Chandler.
Employee Organizations: International Union of Operating Engineers Local 501,
Orange County Employees Association, Supervisory and Professional Management
Group, and unrepresented: Confidential, Managers, and Executive Managers.
CS-2 CONFERENCE WITH REAL PROPERTY NEGOTIATORS -
GOVERNMENT CODE SECTION 54956.8
2021-1931
DID NOT CONVENE IN CLOSED SESSION:
Property: 7292 Slater Avenue Huntington Beach, CA - APN No. 110-010-39
Agency negotiators: General Manager Jim Herberg, Assistant General Manager
Lorenzo Tyner, and Assistant General Manager Rob Thompson
Negotiating parties: Northington Huntington Beach Investors LLC
Under negotiation: Price and terms of payment
CS-3 CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION -
GOVERNMENT CODE SECTION 54956.9(d)(1)
2021-1932
DID NOT CONVENE IN CLOSED SESSION:
Number of Cases: 3
A. Gilbert Barela v. Orange County Sanitation District; Steve Thornburg; Roy
Reynolds; and Does 1-100, inclusive. Superior Court of California, County of
Orange, Case No. 30-2021-01220927-CU-WT-CJC.
B. Heidi M. Janz v. Orange County Sanitation District; Its Board of Directors,
Officers, Officials, Agents and Celia Chandler, Director of Human Resources
and Does 1 through 10, Superior Court of California, County of Orange, Case
No. 30-2021-01208616-CU-OE-CJC.
C. Raul Palazuelos v. Orange County Sanitation District, a government entity;
Richard Kwiecien, an individual; and Does 1 through 100, inclusive. Superior
Court of California, County of Orange, Case No.
30-2021-01217839-CU-OE-CJC.
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CS-4 CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED
LITIGATION - GOVERNMENT CODE SECTION 54956.9(d)(4)
2021-1933
CONVENED IN CLOSED SESSION:
Number of Potential Cases: 1
Potential initiation of eminent domain litigation regarding property owned by Bayside
Village Marina, LLC.
CS-5 CONFERENCE WITH REAL PROPERTY NEGOTIATORS -
GOVERNMENT CODE SECTION 54956.8
2021-1934
CONVENED IN CLOSED SESSION:
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 Ritchie.
Negotiating parties: Bayside Village Marina, LLC
Under negotiation: Price and terms of payment
CS-6 CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATION OF
LITIGATION - GOVERNMENT CODE SECTION 54956.9(d)(2)
2021-1937
CONVENED IN CLOSED SESSION:
Number of Potential Cases: 1
Significant exposure to litigation regarding Notices of Violation from South Coast Air
Quality Management District.
RECONVENE IN REGULAR SESSION.
The Board reconvened in regular session at 7:06 p.m.
CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED
SESSION:
General Counsel Brad Hogin reported that the Board of Directors approved the following:
A. Approved the proposed Health Reimbursement Arrangement (HRA) plan for the
Managers Group with employee-funded contributions in the form of mandatory payouts
for actively accruing leave banks, including personal leave, compensatory leave,
vacation leave and sick leave; and
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B. Authorized the Orange County Sanitation District to pay the annual administrative costs
of the HRA plan for an amount, not to exceed $17,520, which accounts for a maximum
of $30 per employee per year for all potential participating groups, based on current
headcounts, and contingent on ratification of tentative agreements with all collective
bargaining groups and unrepresented groups.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY:
None.
BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING:
None.
ADJOURNMENT:
At 7:08 p.m., Chair Withers adjourned the meeting until the next Regular Meeting of the
Board of Directors to be held on Wednesday, November 17, 2021 at 6:00 p.m.
Submitted by:
__________________
Kelly A. Lore, MMC
Clerk of the Board
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