HomeMy WebLinkAbout11-17-2021 Board Meeting MinutesORANGE COUNTY SANITATION DISTRICT
MINUTES
BOARD OF DIRECTORS
NOVEMBER 17, 2021
Board Room
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
BOARD OF DIRECTORS Minutes November 17, 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, November 17, 2021 at 6:01
p.m. in the Administration Building of the Orange County Sanitation District. 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 21-15, due to the continued State of Emergency Order. Chair
Withers announced the teleconference meeting guidelines. Director David Shawver 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, Art Brown, Kim Carr, Doug Chaffee, Mark Chirco, Rose
Espinoza, Stephen Faessel, Ryan Gallagher, Marshall Goodman,
Patrick Harper, Johnathan Ryan Hernandez, Anthony Kuo, Sandra
Massa-Lavitt, Paulo Morales, Andrew Nguyen, Kim Nichols, Robert
Ooten, Glenn Parker, David Shawver, Jesus Silva, Chad Wanke,
John Withers and Chad Zimmerman
ABSENT:Brooke Jones and Steve Jones
STAFF PRESENT: Kelly Lore, Clerk of the Board, and Joshua Martinez 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; Jennifer Cabral; Thys Devries; Brian Engeln; Tina Knapp; Lori McKinley;
Rob Michaels; Wally Ritchie; Thomas Vu; Eros Yong; and Ruth Zintzun were in attendance
telephonically.
OTHERS PRESENT: Brad Hogin, General Counsel, was present in the Board Room. Mitch
Barker; Jeff Gilson, and Rich ten Bosch were in attendance telephonically.
PUBLIC COMMENTS:
No public comments were provided.
Clerk of the Board Kelly Lore stated that after the publication of the agenda, she received
Late Communication from General Manager Herberg regarding an update to Item No. 17
including a revised Agenda Report which included information of a fee reduction; and an
amended Resolution which was provided to the Board Members and made available to the
public yesterday. She also stated that Closed Session Item Nos. CS-1 A & CS-1 B would
not be heard.
Page 1 of 17
BOARD OF DIRECTORS Minutes November 17, 2021
SPECIAL PRESENTATIONS:
1. EMPLOYEE SERVICE AWARDS 2021-1965
Originator: Kelly Lore
Director of Environmental Services Lan Wiborg presented the 30-year Service Award
to Lori McKinley, Principal Environmental Specialist, Division 620.
Chair Withers recognized Enrique Pantoja, Senior Plant Operator, Division 830; and
Ernest Savedra, Lead Mechanic, Division 820 for 20 years of service.
30-year Service Awards
Lori McKinley, Principal Environmental Specialist, Division 620
20-year Service Awards
Enrique Pantoja, Senior Plant Operator, Division 830
Ernest Savedra, Lead Mechanic, Division 820
REPORTS:
Chair Withers announced that OC San Administrative Offices would be closed November
24th and 25th for the Thanksgiving holiday; and that due to the holidays next month, the
Steering and Board meetings would be held on December 15th. He also stated that
the Board Member talking points regarding OC San activities will be provided to the Directors
and Alternate Directors tomorrow.
Mr. Herberg reported that at the last Operations Committee an item for Supercritical Water
Oxidation research was considered. The Committee directed staff to include additional
information and to bring the updated item to the Operations Committee in December.
Mr. Herberg also reported on OC San’s recent recognition received by the State Water
Resources Control Board through a resolution recommendation wherein the State Board
expressed their appreciation for OC San’s efforts as early trend setters in implementing
wastewater-based epidemiology. Mr. Herberg stated that OC San is greatly honored by their
recognition and will continue to assist as long needed.
Mr. Herberg reported on the creation of an electronic community newsletter to be shared with
OC San’s service area to make the community aware and familiar with various programs. The
OC San Connection newsletter will be developed quarterly and distributed via our website,
social media platforms, and shared with all of our member agencies.
Mr. Herberg provided a brief update regarding PFAS legislation.
CONSENT CALENDAR:
2. APPROVAL OF MINUTES 2021-1941
Originator: Kelly Lore
Page 2 of 17
BOARD OF DIRECTORS Minutes November 17, 2021
MOVED, SECONDED, AND DULY CARRIED TO:
Approve Minutes of the Board of Directors Meeting held October 27, 2021.
AYES:Brad Avery, Art Brown, Kim Carr, Doug Chaffee, Mark Chirco, Rose
Espinoza, Stephen Faessel, Ryan Gallagher, Marshall Goodman,
Patrick Harper, Johnathan Ryan Hernandez, Anthony Kuo, Sandra
Massa-Lavitt, Paulo Morales, Andrew Nguyen, Kim Nichols, Robert
Ooten, Glenn Parker, David Shawver, Jesus Silva, Chad Wanke,
John Withers and Chad Zimmerman
NOES:None
ABSENT:Brooke Jones and Steve Jones
ABSTENTIONS:None
3. PROPOSED BOARD OF DIRECTORS & COMMITTEE MEETING
DATES FOR CALENDAR YEAR 2022
2021-1957
Originator: Kelly Lore
MOVED, SECONDED, AND DULY CARRIED TO:
Approve the calendar of meeting dates for the 2022 calendar year for the Board of
Directors and the following Committees: Administration, Legislative and Public Affairs,
Operations, and Steering.
AYES:Brad Avery, Art Brown, Kim Carr, Doug Chaffee, Mark Chirco, Rose
Espinoza, Stephen Faessel, Ryan Gallagher, Marshall Goodman,
Patrick Harper, Johnathan Ryan Hernandez, Anthony Kuo, Sandra
Massa-Lavitt, Paulo Morales, Andrew Nguyen, Kim Nichols, Robert
Ooten, Glenn Parker, David Shawver, Jesus Silva, Chad Wanke,
John Withers and Chad Zimmerman
NOES:None
ABSENT:Brooke Jones and Steve Jones
ABSTENTIONS:None
RECEIVE AND FILE:
4. COMMITTEE MEETING MINUTES 2021-1550
Originator: Kelly Lore
WITHOUT OBJECTION ACTION TAKEN TO RECEIVE AND FILE THE FOLLOWING:
Page 3 of 17
BOARD OF DIRECTORS Minutes November 17, 2021
A. Minutes of the Legislative and Public Affairs Committee Meeting held September
13, 2021
B. Minutes of the Steering Committee Special Meeting held September 29, 2021
C. Minutes of the Operations Committee Special Meeting held October 6, 2021
D. Minutes of the Administration Committee Meeting held October 13, 2021
5. REPORT OF THE INVESTMENT TRANSACTIONS FOR THE MONTH
OF OCTOBER 2021
2021-1701
Originator: Lorenzo Tyner
WITHOUT OBJECTION ACTION TAKEN TO RECEIVE AND FILE THE FOLLOWING:
Report of the Investment Transactions for the month of October 2021.
OPERATIONS COMMITTEE:
6. OPERATIONS AND MAINTENANCE COATING REHABILITATION
PROGRAM ON-CALL SERVICE CONTRACT
2021-1961
Originator: Rob Thompson
MOVED, SECONDED, AND DULY CARRIED TO:
A. Approve a Service Contract for Operations and Maintenance Coating
Rehabilitation Program On-Call Services with Arena Painting Contractors Inc.,
per Specification No. S-2021-1264BD, for a total amount not to exceed
$628,182 per year, for the period of December 7, 2021 through December 6,
2022, with four optional, one-year renewals; and
B. Approve an annual contingency of $62,818 (10%).
AYES:Brad Avery, Art Brown, Kim Carr, Doug Chaffee, Mark Chirco, Rose
Espinoza, Stephen Faessel, Ryan Gallagher, Marshall Goodman,
Patrick Harper, Johnathan Ryan Hernandez, Anthony Kuo, Sandra
Massa-Lavitt, Paulo Morales, Andrew Nguyen, Kim Nichols, Robert
Ooten, Glenn Parker, David Shawver, Jesus Silva, Chad Wanke,
John Withers and Chad Zimmerman
NOES:None
ABSENT:Brooke Jones and Steve Jones
ABSTENTIONS:None
7. PLANT NO. 2 TRICKLING FILTER PUMP STATION VARIABLE
FREQUENCY DRIVE REPLACEMENT
2021-1962
Originator: Rob Thompson
MOVED, SECONDED, AND DULY CARRIED TO:
Page 4 of 17
BOARD OF DIRECTORS Minutes November 17, 2021
A. Approve a Service Contract with Baker Electric, Inc. for Plant No. 2 Trickling
Filter Pump Station Variable Frequency Drive Replacement, per Specification
S-2021-1273BD, for a total amount not to exceed $191,290; and
B. Approve a contingency of $19,129 (10%).
AYES:Brad Avery, Art Brown, Kim Carr, Doug Chaffee, Mark Chirco, Rose
Espinoza, Stephen Faessel, Ryan Gallagher, Marshall Goodman,
Patrick Harper, Johnathan Ryan Hernandez, Anthony Kuo, Sandra
Massa-Lavitt, Paulo Morales, Andrew Nguyen, Kim Nichols, Robert
Ooten, Glenn Parker, David Shawver, Jesus Silva, Chad Wanke,
John Withers and Chad Zimmerman
NOES:None
ABSENT:Brooke Jones and Steve Jones
ABSTENTIONS:None
8. ENGINEERING PROGRAM CONTRACT PERFORMANCE REPORT 2021-1963
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO:
Receive and file the Engineering Program Contract Performance Report for the period
ending September 30, 2021.
AYES:Brad Avery, Art Brown, Kim Carr, Doug Chaffee, Mark Chirco, Rose
Espinoza, Stephen Faessel, Ryan Gallagher, Marshall Goodman,
Patrick Harper, Johnathan Ryan Hernandez, Anthony Kuo, Sandra
Massa-Lavitt, Paulo Morales, Andrew Nguyen, Kim Nichols, Robert
Ooten, Glenn Parker, David Shawver, Jesus Silva, Chad Wanke,
John Withers and Chad Zimmerman
NOES:None
ABSENT:Brooke Jones and Steve Jones
ABSTENTIONS:None
9. PURCHASE OF INVENTORY CENTRIFUGE REPLACEMENT PARTS 2021-1964
Originator: Rob Thompson
MOVED, SECONDED, AND DULY CARRIED TO:
Page 5 of 17
BOARD OF DIRECTORS Minutes November 17, 2021
A. Approve a Sole Source Purchase Order to GEA Mechanical Equipment US Inc.
for the Purchase and Replenishment of Inventory Replacement Parts for
Thickening and Dewatering Centrifuges, for the period beginning December 1,
2021 through November 30, 2022, to maintain equipment warranty, for a total
amount not to exceed $1,116,000; and
B. Approve a contingency of $111,600 (10%).
AYES:Brad Avery, Art Brown, Kim Carr, Doug Chaffee, Mark Chirco, Rose
Espinoza, Stephen Faessel, Ryan Gallagher, Marshall Goodman,
Patrick Harper, Johnathan Ryan Hernandez, Anthony Kuo, Sandra
Massa-Lavitt, Paulo Morales, Andrew Nguyen, Kim Nichols, Robert
Ooten, Glenn Parker, David Shawver, Jesus Silva, Chad Wanke,
John Withers and Chad Zimmerman
NOES:None
ABSENT:Brooke Jones and Steve Jones
ABSTENTIONS:None
ADMINISTRATION COMMITTEE:
10. OCEAN MODELING SUPPORT PROJECT 2021-1986
Originator: Lan Wiborg
MOVED, SECONDED, AND DULY CARRIED TO:
A. Approve Amendment extending the Agreement between the Orange County
Sanitation District and Southern California Coastal Water Research Project
regarding Ocean Outfall Plume Modeling, to provide physical and
biogeochemical modeling of the Orange County Sanitation District’s ocean
discharge, at a cost not to exceed $135,000, for a total amount not to exceed
$383,000;
B. Approve a contingency of 13,500 (10%); and
C. Approve an agreement performance period extension to December 31, 2024.
AYES:Brad Avery, Art Brown, Kim Carr, Doug Chaffee, Mark Chirco, Rose
Espinoza, Stephen Faessel, Ryan Gallagher, Marshall Goodman,
Patrick Harper, Johnathan Ryan Hernandez, Anthony Kuo, Sandra
Massa-Lavitt, Paulo Morales, Andrew Nguyen, Kim Nichols, Robert
Ooten, Glenn Parker, David Shawver, Jesus Silva, Chad Wanke,
John Withers and Chad Zimmerman
NOES:None
ABSENT:Brooke Jones and Steve Jones
ABSTENTIONS:None
Page 6 of 17
BOARD OF DIRECTORS Minutes November 17, 2021
11. CONSOLIDATED FINANCIAL REPORT FOR THE FIRST QUARTER
ENDED SEPTEMBER 30, 2021
2021-1987
Originator: Lorenzo Tyner
MOVED, SECONDED, AND DULY CARRIED TO:
Receive and file the Orange County Sanitation District First Quarter Financial Report
for the period ended September 30, 2021.
AYES:Brad Avery, Art Brown, Kim Carr, Doug Chaffee, Mark Chirco, Rose
Espinoza, Stephen Faessel, Ryan Gallagher, Marshall Goodman,
Patrick Harper, Johnathan Ryan Hernandez, Anthony Kuo, Sandra
Massa-Lavitt, Paulo Morales, Andrew Nguyen, Kim Nichols, Robert
Ooten, Glenn Parker, David Shawver, Jesus Silva, Chad Wanke,
John Withers and Chad Zimmerman
NOES:None
ABSENT:Brooke Jones and Steve Jones
ABSTENTIONS:None
12. MICROSOFT ENTERPRISE LICENSE AGREEMENT (ELA) FOR
MICROSOFT ENTERPRISE SOFTWARE LICENSES
2021-1988
Originator: Lorenzo Tyner
MOVED, SECONDED, AND DULY CARRIED TO:
A. Approve a Purchase Order for a three-year contract to purchase Microsoft
Enterprise licenses under the Microsoft ELA in accordance with Microsoft
Volume Enterprise Enrollment - for State and Local government, Riverside
County Master Licensing Agreement 01E73970, payable annually and with a
contract expiration date of December 31, 2024, for a total amount not to exceed
$1,470,495; and
B. Approve a contingency of 220,574 (15%).
AYES:Brad Avery, Art Brown, Kim Carr, Doug Chaffee, Mark Chirco, Rose
Espinoza, Stephen Faessel, Ryan Gallagher, Marshall Goodman,
Patrick Harper, Johnathan Ryan Hernandez, Anthony Kuo, Sandra
Massa-Lavitt, Paulo Morales, Andrew Nguyen, Kim Nichols, Robert
Ooten, Glenn Parker, David Shawver, Jesus Silva, Chad Wanke,
John Withers and Chad Zimmerman
NOES:None
ABSENT:Brooke Jones and Steve Jones
ABSTENTIONS:None
Page 7 of 17
BOARD OF DIRECTORS Minutes November 17, 2021
13. PROPERTY MANAGEMENT SERVICES FOR 18350 MT. LANGLEY
STREET AND 18368-18375-18381-18384 BANDILIER CIRCLE,
FOUNTAIN VALLEY
2021-1989
Originator: Lorenzo Tyner
MOVED, SECONDED, AND DULY CARRIED TO:
Approve Amendment No. 5 to the sole source agreement with The Muller Company for
Property Management Services for 18350 Mt. Langley Street and 18368-18375-18381-
18384 Bandilier Circle in Fountain Valley, for the period of January 1, 2022 through
January 31, 2023 for a management fee of $3,200 per month plus other incurred
expenses, including an additional renewal period of twelve (12) months.
AYES:Brad Avery, Art Brown, Kim Carr, Doug Chaffee, Mark Chirco, Rose
Espinoza, Stephen Faessel, Ryan Gallagher, Marshall Goodman,
Patrick Harper, Johnathan Ryan Hernandez, Anthony Kuo, Sandra
Massa-Lavitt, Paulo Morales, Andrew Nguyen, Kim Nichols, Robert
Ooten, Glenn Parker, David Shawver, Jesus Silva, Chad Wanke,
John Withers and Chad Zimmerman
NOES:None
ABSENT:Brooke Jones and Steve Jones
ABSTENTIONS:None
14. GENERAL MANAGER APPROVED PURCHASES AND ADDITIONS
TO THE PRE-APPROVED OEM SOLE SOURCE LIST
2021-1990
Originator: Lorenzo Tyner
MOVED, SECONDED, AND DULY CARRIED TO:
Page 8 of 17
BOARD OF DIRECTORS Minutes November 17, 2021
A. Receive and file Orange County Sanitation District purchases made under the
General Manager’s authority for the period of July 1, 2021 to September 30,
2021; and
B. Approve the following additions to the pre-approved OEM Sole Source List for
the period of July 1, 2021 to September 30, 2021:
·ACCUSONIC (A BRAND OF ADS LLC) - Maintenance and Repair of
Accusonic Equipment
·DR. KRISTY FORSGREN - Fish Liver Histopathology Analysis and Reporting
·EATON - Uninterruptible Power Supply (UPS) Parts and Service
·MOBIUS INSTITUTE - Mobius iLearnReliabity Enterprise Training Product
·NIXON-EGLI EQUIPMENT CO. - Modifications & Custom Equipment
Installation on Welder Service Truck
·OVIVO - Trickling Filter Materials and Repairs
·TRIMBLE WATER - Trimble Unity Software and Support
AYES:Brad Avery, Art Brown, Kim Carr, Doug Chaffee, Mark Chirco, Rose
Espinoza, Stephen Faessel, Ryan Gallagher, Marshall Goodman,
Patrick Harper, Johnathan Ryan Hernandez, Anthony Kuo, Sandra
Massa-Lavitt, Paulo Morales, Andrew Nguyen, Kim Nichols, Robert
Ooten, Glenn Parker, David Shawver, Jesus Silva, Chad Wanke,
John Withers and Chad Zimmerman
NOES:None
ABSENT:Brooke Jones and Steve Jones
ABSTENTIONS:None
15. IMPLEMENTATION OF SERVICENOW IT SERVICE MANAGEMENT
SOFTWARE
2021-1991
Originator: Lorenzo Tyner
MOVED, SECONDED, AND DULY CARRIED TO:
A. Approve a Professional Services Agreement to Computer Aid, Inc. (CAI) to
provide ServiceNow IT Service Management software and implementation
services, Specification No. CS-2021-1244BD, for a total amount not to exceed
$474,505; and
B. Approve a contingency of 47,451 (10%).
Page 9 of 17
BOARD OF DIRECTORS Minutes November 17, 2021
AYES:Brad Avery, Art Brown, Kim Carr, Doug Chaffee, Mark Chirco, Rose
Espinoza, Stephen Faessel, Ryan Gallagher, Marshall Goodman,
Patrick Harper, Johnathan Ryan Hernandez, Anthony Kuo, Sandra
Massa-Lavitt, Paulo Morales, Andrew Nguyen, Kim Nichols, Robert
Ooten, Glenn Parker, David Shawver, Jesus Silva, Chad Wanke,
John Withers and Chad Zimmerman
NOES:None
ABSENT:Brooke Jones and Steve Jones
ABSTENTIONS:None
16. ORANGE COUNTY SANITATION DISTRICT ANNUAL
COMPREHENSIVE FINANCIAL REPORT FOR THE YEAR END JUNE
30, 2021
2021-1992
Originator: Lorenzo Tyner
MOVED, SECONDED, AND DULY CARRIED TO:
Receive and file the Orange County Sanitation District’s Annual Comprehensive
Financial Report (ACFR) for the year ended June 30, 2021, prepared by staff and
audited by Macias Gini & O’Connell LLP (MGO), Certified Public Accountants, along
with the following reports prepared by MGO:
1. Report to the Board of Directors; and
2. Independent Accountants’ Report on Agreed-Upon Procedures Applied to
Appropriations Limit Worksheets.
AYES:Brad Avery, Art Brown, Kim Carr, Doug Chaffee, Mark Chirco, Rose
Espinoza, Stephen Faessel, Ryan Gallagher, Marshall Goodman,
Patrick Harper, Johnathan Ryan Hernandez, Anthony Kuo, Sandra
Massa-Lavitt, Paulo Morales, Andrew Nguyen, Kim Nichols, Robert
Ooten, Glenn Parker, David Shawver, Jesus Silva, Chad Wanke,
John Withers and Chad Zimmerman
NOES:None
ABSENT:Brooke Jones and Steve Jones
ABSTENTIONS:None
Item No. 17 was pulled and heard separately. An alternate motion was made.
17. SECTION 115 TRUST PENSION ACCOUNT CONTRACT AWARD 2021-1993
Originator: Lorenzo Tyner
MOVED, SECONDED, AND DULY CARRIED TO:
Page 10 of 17
BOARD OF DIRECTORS Minutes November 17, 2021
A. Approve a Professional Services Agreement to Public Agency Retirement
Services to establish and oversee Orange County Sanitation District’s Internal
Revenue Service (IRS) Code Section 115 pension trust administration and
investment management services;
B. Adopt Resolution No. OC SAN 21-17 entitled: “A Resolution of the Board of
Directors of Orange County Sanitation District Adopting a Post-Employment
Benefit Trust Agreement with Public Agency Retirement Services; and
Authorizing Officers to Execute Documents and Agreements” as amended; and
C. Authorize staff to make an initial investment of $15 million into the Section 115
pension trust.
AYES:Brad Avery, Art Brown, Kim Carr, Doug Chaffee, Mark Chirco, Rose
Espinoza, Stephen Faessel, Ryan Gallagher, Marshall Goodman,
Patrick Harper, Johnathan Ryan Hernandez, Anthony Kuo, Sandra
Massa-Lavitt, Paulo Morales, Andrew Nguyen, Kim Nichols, Robert
Ooten, Glenn Parker, David Shawver, Jesus Silva, Chad Wanke,
John Withers and Chad Zimmerman
NOES:None
ABSENT:Brooke Jones and Steve Jones
ABSTENTIONS:None
LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE:
18. LEGISLATIVE AFFAIRS UPDATE FOR THE MONTHS OF
SEPTEMBER/OCTOBER 2021
2021-1982
Originator: Jim Herberg
MOVED, SECONDED, AND DULY CARRIED TO:
Receive and file the Legislative Affairs Update for the months of September and
October 2021.
AYES:Brad Avery, Art Brown, Kim Carr, Doug Chaffee, Mark Chirco, Rose
Espinoza, Stephen Faessel, Ryan Gallagher, Marshall Goodman,
Patrick Harper, Johnathan Ryan Hernandez, Anthony Kuo, Sandra
Massa-Lavitt, Paulo Morales, Andrew Nguyen, Kim Nichols, Robert
Ooten, Glenn Parker, David Shawver, Jesus Silva, Chad Wanke,
John Withers and Chad Zimmerman
NOES:None
ABSENT:Brooke Jones and Steve Jones
ABSTENTIONS:None
Page 11 of 17
BOARD OF DIRECTORS Minutes November 17, 2021
19. PUBLIC AFFAIRS UPDATE FOR THE MONTHS OF SEPTEMBER
AND OCTOBER 2021
2021-1983
Originator: Jim Herberg
MOVED, SECONDED, AND DULY CARRIED TO:
Receive and file the Public Affairs Update for the months of September and October
2021.
AYES:Brad Avery, Art Brown, Kim Carr, Doug Chaffee, Mark Chirco, Rose
Espinoza, Stephen Faessel, Ryan Gallagher, Marshall Goodman,
Patrick Harper, Johnathan Ryan Hernandez, Anthony Kuo, Sandra
Massa-Lavitt, Paulo Morales, Andrew Nguyen, Kim Nichols, Robert
Ooten, Glenn Parker, David Shawver, Jesus Silva, Chad Wanke,
John Withers and Chad Zimmerman
NOES:None
ABSENT:Brooke Jones and Steve Jones
ABSTENTIONS:None
STEERING COMMITTEE:
20. AMENDMENT NO. 4 TO THE REAL PROPERTY LEASE
AGREEMENT, SPECIFICATION NO. L-018, WITH TREESAP FARMS,
LLC.
2021-1998
Originator: Lorenzo Tyner
MOVED, SECONDED, AND DULY CARRIED TO:
Approve Amendment No. 4 to the Real Property Lease Agreement, Specification No.
L-018, with TreeSap Farms, LLC, providing for a lease extension effective December 1,
2021 through November 30, 2026, with the option to renew for one additional 5-year
period, at an annual rate of $8,623.74 plus the seasonally-adjusted change in the
Consumer Price Index for all Urban Consumers.
AYES:Brad Avery, Art Brown, Kim Carr, Doug Chaffee, Mark Chirco, Rose
Espinoza, Stephen Faessel, Ryan Gallagher, Marshall Goodman,
Patrick Harper, Johnathan Ryan Hernandez, Anthony Kuo, Sandra
Massa-Lavitt, Paulo Morales, Andrew Nguyen, Kim Nichols, Robert
Ooten, Glenn Parker, David Shawver, Jesus Silva, Chad Wanke,
John Withers and Chad Zimmerman
NOES:None
ABSENT:Brooke Jones and Steve Jones
ABSTENTIONS:None
Page 12 of 17
BOARD OF DIRECTORS Minutes November 17, 2021
21. AGREEMENT TO PROVIDE SEWERAGE SERVICES BY ORANGE
COUNTY SANITATION DISTRICT TO A PORTION OF THE CITY OF
LONG BEACH, CALIFORNIA
2021-2001
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO:
Approve the Agreement between the City of Long Beach Board of Water
Commissioners and Orange County Sanitation District to provide Out of Service Area
sewage collection and treatment services, in a form approved by General Counsel.
AYES:Brad Avery, Art Brown, Kim Carr, Doug Chaffee, Mark Chirco, Rose
Espinoza, Stephen Faessel, Ryan Gallagher, Marshall Goodman,
Patrick Harper, Johnathan Ryan Hernandez, Anthony Kuo, Sandra
Massa-Lavitt, Paulo Morales, Andrew Nguyen, Kim Nichols, Robert
Ooten, Glenn Parker, David Shawver, Jesus Silva, Chad Wanke,
John Withers and Chad Zimmerman
NOES:None
ABSENT:Brooke Jones and Steve Jones
ABSTENTIONS:None
NON-CONSENT:
22. HEALTH REIMBURSEMENT ARRANGEMENT REOPENER RESULTS
FOR THE SUPERVISORY AND PROFESSIONAL MANAGEMENT
GROUP
2021-1976
Originator: Celia Chandler
Director of Human Resources Celia Chandler provided a brief introduction to the item.
MOVED, SECONDED, AND DULY CARRIED TO:
Page 13 of 17
BOARD OF DIRECTORS Minutes November 17, 2021
A. Adopt Resolution No. OC SAN 21-19 entitled: “A Resolution of the Board of
Directors of the Orange County Sanitation District approving the Health
Reimbursement Arrangement (HRA) Plan for the Supervisory and Professional
Management Group identified throught the 2020-2021 HRA Reopener
Negotiations”;
B. Approve the agreement with the Supervisory and Professional Management
Group (SPMG) to implement the Health Reimbursement Arrangement (HRA;
also referenced as Health Retirement Account in MOU) with employee-funded
contributions in the form of mandatory vacation, sick and compensatory leave
payouts.
C. Authorize the Orange County Sanitation District to pay the annual administrative
costs of the HRA plan for the SPMG bargaining units, for a maximum exposure
of approximately $8,250 annually, based on current headcounts.
D. Direct staff to initiate the procurement process for an HRA consultant and/or
vendor upon concluding negotiations with the remaining represented bargaining
units (Local 501 and OCEA), in order to include all negotiated HRA plans as one
package.
AYES:Brad Avery, Art Brown, Kim Carr, Doug Chaffee, Mark Chirco, Rose
Espinoza, Stephen Faessel, Ryan Gallagher, Marshall Goodman,
Patrick Harper, Johnathan Ryan Hernandez, Anthony Kuo, Sandra
Massa-Lavitt, Paulo Morales, Andrew Nguyen, Kim Nichols, Robert
Ooten, Glenn Parker, David Shawver, Jesus Silva, Chad Wanke,
John Withers and Chad Zimmerman
NOES:None
ABSENT:Brooke Jones and Steve Jones
ABSTENTIONS:None
23. CONTINUATION OF TELECONFERENCED PUBLIC MEETINGS 2021-1966
Originator: Lorenzo Tyner
MOVED, SECONDED, AND DULY CARRIED TO:
Adopt Resolution No. OC SAN 21-20 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, Doug Chaffee, Mark Chirco, Rose
Espinoza, Stephen Faessel, Ryan Gallagher, Marshall Goodman,
Patrick Harper, Johnathan Ryan Hernandez, Anthony Kuo, Sandra
Massa-Lavitt, Paulo Morales, Andrew Nguyen, Kim Nichols, Robert
Ooten, Glenn Parker, David Shawver, Jesus Silva, Chad Wanke,
John Withers and Chad Zimmerman
Page 14 of 17
BOARD OF DIRECTORS Minutes November 17, 2021
NOES:None
ABSENT:Brooke Jones and Steve Jones
ABSTENTIONS:None
Director Chaffee departed the meeting at approximately 6:56 p.m.
24. STRATEGIC PLAN 2021 2021-1956
Originator: Jim Herberg
Mr. Herberg provided a PowerPoint presentation regarding the 2021 Strategic Planning
process and highlighted the policy areas.
MOVED, SECONDED, AND DULY CARRIED TO:
A. Adopt the Orange County Sanitation District Strategic Plan 2021; and
B. Direct staff to implement the goals contained in the Strategic Plan.
AYES:Brad Avery, Art Brown, Kim Carr, Mark Chirco, Rose Espinoza,
Stephen Faessel, Marshall Goodman, Patrick Harper, Johnathan
Ryan Hernandez, Anthony Kuo, Sandra Massa-Lavitt, Paulo Morales,
Andrew Nguyen, Kim Nichols, Robert Ooten, Glenn Parker, David
Shawver, Jesus Silva, Chad Wanke, John Withers and Chad
Zimmerman
NOES:None
ABSENT:Doug Chaffee, Ryan Gallagher, Brooke Jones and Steve Jones
ABSTENTIONS:None
INFORMATION ITEMS:
None.
AB 1234 DISCLOSURE REPORTS:
Director Shawver provided highlights from the OCCOG General Assembly meeting held
November 17th; and Director Stephen Faessel provided a report on his attendance at the
Executive meeting of ISDOC.
CLOSED SESSION:
CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS
54956.9(d)(1) and 54956.9(d)(4).
The Board convened in closed session at 6:58 p.m. 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
Page 15 of 17
BOARD OF DIRECTORS Minutes November 17, 2021
and Committee Closed Session meetings.
Directors Faessel, Hernandez, and Zimmerman departed the meeting at approximately 7:13
p.m. during Closed Session.
CS-1 CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION - 2021-1995
GOVERNMENT CODE SECTION 54956.9(d)(1)
CONVENED IN CLOSED SESSION:
Item Nos. CS-1 A and CS-1 B were not heard.
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.
CS-2 CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED
LITIGATION - GOVERNMENT CODE SECTION 54956.9(d)(4)
2021-1996
CONVENED IN CLOSED SESSION:
Number of Potential Cases: 2
A. Potential litigation - Initiation of Litigation - Claim against California Department
of Tax and Fee Administration, for reimbursement of sales tax paid on chemical
purchases.
B. Potential litigation - Initiation of Litigation - Claim against USS Cal Builders Inc.
for pipeline repair costs.
RECONVENED IN REGULAR SESSION.
The Board reconvened in regular session at 7:18 p.m.
CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED
SESSION:
General Counsel Brad Hogin provided the following report:
Page 16 of 17
BOARD OF DIRECTORS Minutes November 17, 2021
Item CS-2A - The Board of Directors voted unanimously to accept an offer from the CDTFA to
settle six outstanding claims for reimbursement of past sales taxes in the amount of
$277,922; and
Item CS-2B - The Board of Directors voted unanimously to accept an offer from Zurich
Insurance Company to pay $417,628 to settle the District’s claim for damage caused by
Zurich’s insured USS Builders to a pipeline in connection with the Fullerton project.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY:
Director Jesus Silva requested that staff and General Counsel come up with some ideas
regarding appraisal options during acquisitions of real property parcels from another
government agency; to not be forced to appraise parcels for their highest value and best use
if not using to develop; and to bring options back to the Steering Committee for consideration.
BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING:
None.
ADJOURNMENT:
At 7:22 p.m., Chair Withers adjourned the meeting until the next Regular Meeting of the
Board of Directors to be held on Wednesday, December 15, 2021 at 6:00 p.m.
Submitted by:
__________________
Kelly A. Lore, MMC
Clerk of the Board
Page 17 of 17