HomeMy WebLinkAbout01-26-2022 Board Meeting MinutesORANGE COUNTY SANITATION DISTRICT
MINUTES
BOARD OF DIRECTORS
JANUARY 26, 2022
Board Room
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
BOARD OF DIRECTORS Minutes January 26, 2022
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, January 26, 2022 at 6:05
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 22-01, due to the continued State of Emergency Order. Chair
Withers announced the teleconference meeting guidelines. Director Marshall Goodman
delivered the invocation and led the Pledge of Allegiance.
Clerk of the Board Kelly Lore stated that after the publication of the agenda, late
communication had been received regarding additional appointments to the Board of
Directors. The communication was provided to the Directors today and made available to the
public.
1.APPOINTMENTS TO THE ORANGE COUNTY SANITATION DISTRICT
BOARD OF DIRECTORS
2022-2088
Originator: Kelly Lore
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:
Agency Director Alternate Director
City of Brea Glenn Parker Cecilia Hupp
City of Placentia Chad Wanke Ward Smith
City of Stanton David Shawver Carol Warren
City of Buena Park Art Brown Connor Traut
City of Villa Park Chad Zimmerman Robert Collacott
Board of Supervisors Donald P. Wagner Doug Chaffee
ROLL CALL AND DECLARATION OF QUORUM
The Clerk of the Board declared a quorum present as follows:
PRESENT:Brad Avery, Ron Bates, Kim Carr, Art Brown, Rose Espinoza,
Stephen Faessel, Ryan Gallagher, Marshall Goodman, Patrick
Harper, Johnathan Ryan Hernandez, Brooke Jones, Steve Jones,
Anthony Kuo, Sandra Massa-Lavitt, Paulo Morales, Andrew Nguyen,
Kim Nichols, Robert Ooten, Glenn Parker, David Shawver, Jesus
Silva, Donald Wagner, Chad Wanke, John Withers and Chad
Zimmerman
ABSENT:None
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BOARD OF DIRECTORS Minutes January 26, 2022
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; Mo
Abiodun; Janine Aguilar; Andrew Brown; Jennifer Cabral; Tanya Chong; Raul Cuellar; Laurie
Klinger; Tina Knapp; Laura Maravilla; Jeff Mohr; Andrew Nau; Valerie Ratto; 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. James Clark was in attendance telephonically.
PUBLIC COMMENTS:
The Clerk of the Board noted that she had received correspondence addressed to the Board
of Directors today from Billy Hilliard (AIM Sports Group) regarding OC San fees, which was
sent to the Directors and made available to the public.
SPECIAL PRESENTATIONS:
2. EMPLOYEE SERVICE AWARDS 2022-2079
Originator: Kelly Lore
Chair Withers recognized the following:
30-year Service Awards
Tracey Murphy, Lead Power Plant Operator - Division 870
Canh Nguyen, Environmental Supervisor - Division 630
REPORTS:
Chair Withers announced that a short survey regarding OC San’s monthly informational
presentations would be sent to the Directors tomorrow requesting feedback on topics of
interest for future presentations.
Chair Withers reported that as part of the Strategic Plan and GM Work Plan it was identified to
expand OC San U (employee training program) and staff has been working on offering similar
training to our member agencies. In the next couple of weeks, letters will be sent to each of
our member cities/agencies with details of the new program.
Chair Withers stated that the Board of Directors talking points would be distributed on January
27 and would include a flyer and information about how your cities/agencies can partner with
OC San’s manufacturers to purchase compost to support efforts to comply with SB 1383.
Chair Withers reminded the Directors that OC San’s Administrative offices would be closed on
Friday, February 11 and Monday, February 21 in observance of Lincoln’s Birthday and
Presidents Day.
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BOARD OF DIRECTORS Minutes January 26, 2022
General Manager Jim Herberg provided a COVID-19 update stating that over the past
month, there have been 68 positive cases, with 55 of those employees returned to
work. This amounts to more cases in one month than any other month during the
Pandemic. He also stated that there had been three COVID outbreaks this month. An
outbreak is defined as at least three positive cases within a 14-day period in the same
work area. He provided information regarding cleaning efforts, Health Department
notifications, safety stand downs, and modified return to office plans.
Mr. Herberg reported on recent biosolids account funds transferred within the program pool to
ensure sufficient funds were available to sustain certain contracts through the end of the year.
Mr. Herberg provided a brief introduction to the GM Work Plan Mid-Year Update and stated
that five of the individual goals have been completed and the remainder are scheduled to be
completed by the end of the fiscal year.
PUBLIC HEARING:
3. ADOPTION OF A RESOLUTION OF NECESSITY FOR THE BAY
BRIDGE PUMP STATION AND FORCE MAINS REPLACEMENT
PROJECT
2022-2054
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO:
A.Conduct a public hearing to receive written and oral comments on the proposed
adoption of a Resolution of Necessity for the Bay Bridge Pump Station and
Force Mains Replacement Project.
1.Chair Withers opened the Public Hearing at 6:23 p.m.2.Received staff report and recommendations3.Report of written communications by Clerk of the Board
4.Public Comment - None.
5.Chair Withers closed the Public Hearing at 6:53 p.m.6.Discussion by Board of Directors
B.Adopt Resolution of Necessity No. OC SAN 22-03 entitled, “A Resolution of the
Board of Directors of the Orange County Sanitation District Finding and
Determining that the Public Interest and Necessity require the Acquisition by
Eminent Domain of Interests in Certain Real Property for Public Use and
Authorizing and Directing Condemnation of Portions of Assessor Parcel No.440-132-60”; and
C.Authorize and direct OC San’s General Counsel to prepare, commence, and
prosecute a proceeding in eminent domain for the purpose of acquiring the
necessary property interests for the Project.
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BOARD OF DIRECTORS Minutes January 26, 2022
AYES:Brad Avery, Ron Bates, Kim Carr, Art Brown, Rose Espinoza,
Stephen Faessel, Ryan Gallagher, Marshall Goodman, Patrick
Harper, Johnathan Ryan Hernandez, Brooke Jones, Steve Jones,
Anthony Kuo, Sandra Massa-Lavitt, Paulo Morales, Andrew Nguyen,
Kim Nichols, Robert Ooten, Glenn Parker, David Shawver, Jesus
Silva, Donald Wagner, Chad Wanke, John Withers and Chad
Zimmerman
NOES:None
ABSENT:None
ABSTENTIONS:None
CONSENT CALENDAR:
4. APPROVAL OF MINUTES 2022-2078
Originator: Kelly Lore
MOVED, SECONDED, AND DULY CARRIED TO:
Approve Minutes of the Board of Directors Meeting held December 15, 2021 and the
Special Meeting held January 12, 2022.
AYES:Brad Avery, Ron Bates, Kim Carr, Art Brown, Rose Espinoza,
Stephen Faessel, Ryan Gallagher, Marshall Goodman, Patrick
Harper, Johnathan Ryan Hernandez, Brooke Jones, Steve Jones,
Anthony Kuo, Sandra Massa-Lavitt, Paulo Morales, Andrew Nguyen,
Kim Nichols, Robert Ooten, Glenn Parker, David Shawver, Jesus
Silva, Donald Wagner, Chad Wanke, John Withers and Chad
Zimmerman
NOES:None
ABSENT:None
ABSTENTIONS:None
5. 2022 CONFLICT OF INTEREST CODE 2021-2034
Originator: Kelly Lore
MOVED, SECONDED, AND DULY CARRIED TO:
Adopt Resolution No. OC SAN 22-04 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”.
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BOARD OF DIRECTORS Minutes January 26, 2022
AYES:Brad Avery, Ron Bates, Kim Carr, Art Brown, Rose Espinoza,
Stephen Faessel, Ryan Gallagher, Marshall Goodman, Patrick
Harper, Johnathan Ryan Hernandez, Brooke Jones, Steve Jones,
Anthony Kuo, Sandra Massa-Lavitt, Paulo Morales, Andrew Nguyen,
Kim Nichols, Robert Ooten, Glenn Parker, David Shawver, Jesus
Silva, Donald Wagner, Chad Wanke, John Withers and Chad
Zimmerman
NOES:None
ABSENT:None
ABSTENTIONS:None
6. PAYMENT OF ANNUAL NATIONAL POLLUTANT DISCHARGE AND
ELIMINATION SYSTEM (NPDES) PERMIT FEES
2022-2069
Originator: Lan Wiborg
MOVED, SECONDED, AND DULY CARRIED TO:
Approve payment of $796,532 for the annual NPDES ocean discharge permit fees.
AYES:Brad Avery, Ron Bates, Kim Carr, Art Brown, Rose Espinoza,
Stephen Faessel, Ryan Gallagher, Marshall Goodman, Patrick
Harper, Johnathan Ryan Hernandez, Brooke Jones, Steve Jones,
Anthony Kuo, Sandra Massa-Lavitt, Paulo Morales, Andrew Nguyen,
Kim Nichols, Robert Ooten, Glenn Parker, David Shawver, Jesus
Silva, Donald Wagner, Chad Wanke, John Withers and Chad
Zimmerman
NOES:None
ABSENT:None
ABSTENTIONS:None
7. SAWPA CONFIDENTIALITY AND COMMON INTEREST AGREEMENT
FOR DEVELOPING A REGIONAL APPROACH TO ADDRESS PFAS
CONTAMINATION
2022-2092
Originator: Lan Wiborg
MOVED, SECONDED, AND DULY CARRIED TO:
Approve and authorize the General Manager to execute the Confidentiality and
Common Interest Agreement by and among Orange County Sanitation District and the
Santa Ana Watershed Project Authority (SAWPA); the Eastern Municipal Water
District; the Inland Empire Utilities Agency, the Orange County Water District (OCWD),
the San Bernardino Valley Municipal Water District, and the Western Municipal Water
District (collectively referred to as the “Parties”) to develop a regional approach to
treating or otherwise remediating the surface and ground waters and reclaimable
wastewaters in the Santa Ana River Basin that have been, or are threatened to be,
contaminated by per- and polyfluoroalkyl substances (collectively, “PFAS”).
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BOARD OF DIRECTORS Minutes January 26, 2022
AYES:Brad Avery, Ron Bates, Kim Carr, Art Brown, Rose Espinoza,
Stephen Faessel, Ryan Gallagher, Marshall Goodman, Patrick
Harper, Johnathan Ryan Hernandez, Brooke Jones, Steve Jones,
Anthony Kuo, Sandra Massa-Lavitt, Paulo Morales, Andrew Nguyen,
Kim Nichols, Robert Ooten, Glenn Parker, David Shawver, Jesus
Silva, Donald Wagner, Chad Wanke, John Withers and Chad
Zimmerman
NOES:None
ABSENT:None
ABSTENTIONS:None
RECEIVE AND FILE:
8. REPORT OF THE INVESTMENT TRANSACTIONS FOR THE MONTH
OF DECEMBER 2021
2021-2010
Originator: Lorenzo Tyner
WITHOUT OBJECTION ACTION TAKEN TO RECEIVE AND FILE THE FOLLOWING:
Report of the Investment Transactions for the month of December 2021.
9. COMMITTEE MEETING MINUTES 2022-2056
Originator: Kelly Lore
WITHOUT OBJECTION ACTION TAKEN TO RECEIVE AND FILE THE FOLLOWING:
A. Minutes of the GWRS Steering Committee Meeting held October 11, 2021
B. Minutes of the Steering Committee Meeting held November 17, 2021
C. Minutes of the Operations Committee Meeting held December 1, 2021
D. Minutes of the Administration Committee Meeting held December 8, 2021
OPERATIONS COMMITTEE:
None.
ADMINISTRATION COMMITTEE:
None.
LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE:
None.
STEERING COMMITTEE:
Director Hernandez and Vice-Chair Wanke appeared to be away at approximately 7:24 p.m.
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BOARD OF DIRECTORS Minutes January 26, 2022
10. HEADQUARTERS COMPLEX AT PLANT NO. 1, PROJECT NO.
P1-128A
2022-2109
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO:
A. Approve and authorize the General Manager to execute a Facilities Relocation
Agreement with Southern California Edison Company for Headquarters Complex
at Plant No. 1, Project No. P1-128A, for an amount not to exceed $310,000;
and
B. Approve a contingency of $31,000 (10%).
AYES:Brad Avery, Ron Bates, Kim Carr, Art Brown, Rose Espinoza,
Stephen Faessel, Ryan Gallagher, Marshall Goodman, Patrick
Harper, Brooke Jones, Steve Jones, Anthony Kuo, Sandra
Massa-Lavitt, Paulo Morales, Andrew Nguyen, Kim Nichols, Robert
Ooten, Glenn Parker, David Shawver, Jesus Silva, Donald Wagner,
John Withers and Chad Zimmerman
NOES:None
ABSENT:Johnathan Ryan Hernandez and Chad Wanke
ABSTENTIONS:None
11. GENERAL MANAGER’S FY 2021-2022 WORK PLAN MID-YEAR
UPDATE
2022-2110
Originator: Jim Herberg
MOVED, SECONDED, AND DULY CARRIED TO:
Receive and file the General Manager’s FY 2021-2022 Work Plan Mid-Year Update.
AYES:Brad Avery, Ron Bates, Kim Carr, Art Brown, Rose Espinoza,
Stephen Faessel, Ryan Gallagher, Marshall Goodman, Patrick
Harper, Brooke Jones, Steve Jones, Anthony Kuo, Sandra
Massa-Lavitt, Paulo Morales, Andrew Nguyen, Kim Nichols, Robert
Ooten, Glenn Parker, David Shawver, Jesus Silva, Donald Wagner,
John Withers and Chad Zimmerman
NOES:None
ABSENT:Johnathan Ryan Hernandez and Chad Wanke
ABSTENTIONS:None
12. JANITORIAL & FLOOR MAINTENANCE SERVICE CONTRACT FOR
PLANT NOS. 1 AND 2
2022-2111
Originator: Rob Thompson
MOVED, SECONDED, AND DULY CARRIED TO:
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BOARD OF DIRECTORS Minutes January 26, 2022
A. Approve a Service Contract to Gamboa Services Inc. dba Corporate Image
Maintenance to provide Janitorial & Floor Maintenance Services at Plant Nos. 1
and 2, Specification No. S-2021-1270BD, for a total amount not to exceed
$961,705, for the period beginning February 1, 2022, through January 31, 2023,
with four, one-year renewal options; and
B. Approve an annual contingency of $96,170 (10%).
AYES:Brad Avery, Ron Bates, Kim Carr, Art Brown, Rose Espinoza,
Stephen Faessel, Ryan Gallagher, Marshall Goodman, Patrick
Harper, Brooke Jones, Steve Jones, Anthony Kuo, Sandra
Massa-Lavitt, Paulo Morales, Andrew Nguyen, Kim Nichols, Robert
Ooten, Glenn Parker, David Shawver, Jesus Silva, Donald Wagner,
John Withers and Chad Zimmerman
NOES:None
ABSENT:Johnathan Ryan Hernandez and Chad Wanke
ABSTENTIONS:None
13. HEALTH REIMBURSEMENT ARRANGEMENT FOR THE MANAGERS
GROUP
2022-2112
Originator: Celia Chandler
MOVED, SECONDED, AND DULY CARRIED TO:
A. Adopt Resolution No. OC SAN 22-05 entitled: “A Resolution of the Board of
Directors of the Orange County Sanitation District approving the Health
Reimbursement Arrangement (HRA) Plan for the Managers Group identified
through the 2021 HRA Reopener Negotiations”;
B. Approve implementation of an HRA plan with the Managers Group with
employee-funded contributions in the form of mandatory vacation, sick,
personal, and compensatory leave payouts; and
C. Authorize the Orange County Sanitation District to pay the annual administrative
costs of the HRA plan for the Managers Group, for a maximum exposure of
approximately $390 annually, based on current headcounts.
AYES:Brad Avery, Ron Bates, Kim Carr, Art Brown, Rose Espinoza,
Stephen Faessel, Ryan Gallagher, Marshall Goodman, Patrick
Harper, Brooke Jones, Steve Jones, Anthony Kuo, Sandra
Massa-Lavitt, Paulo Morales, Andrew Nguyen, Kim Nichols, Robert
Ooten, Glenn Parker, David Shawver, Jesus Silva, Donald Wagner,
John Withers and Chad Zimmerman
NOES:None
ABSENT:Johnathan Ryan Hernandez and Chad Wanke
ABSTENTIONS:None
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BOARD OF DIRECTORS Minutes January 26, 2022
NON-CONSENT:
14.CONTINUATION OF TELECONFERENCED PUBLIC MEETINGS 2022-2080
Originator: Kelly Lore
MOVED, SECONDED, AND DULY CARRIED TO:
Adopt Resolution No. OC SAN 22-02 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, Ron Bates, Kim Carr, Art Brown, Rose Espinoza,
Stephen Faessel, Ryan Gallagher, Marshall Goodman, Patrick
Harper, Brooke Jones, Steve Jones, Anthony Kuo, Sandra
Massa-Lavitt, Paulo Morales, Andrew Nguyen, Kim Nichols, Robert
Ooten, Glenn Parker, David Shawver, Jesus Silva, Donald Wagner,
John Withers and Chad Zimmerman
NOES:None
ABSENT:Johnathan Ryan Hernandez and Chad Wanke
ABSTENTIONS:None
INFORMATION ITEMS:
None.
AB 1234 DISCLOSURE REPORTS:
Director David Shawver provided a report on his attendance at the recent OCCOG meeting.
CLOSED SESSION:
General Counsel Brad Hogin announced that the Board would not convene in closed session.
CS-1 CONFERENCE WITH LABOR NEGOTIATORS - GOVERNMENT
CODE SECTION 54957.6
2022-2113
DID NOT CONVENE IN CLOSED SESSION:
Designated Representatives: General Manager James Herberg, Assistant General
Managers Lorenzo Tyner and Rob Thompson, Director of Human Resources Celia
Chandler, and Chief Negotiator Laura Kalty.
Employee Organizations: (3)
International Union of Operating Engineers, Local 501; Orange County Employees
Association; and the Supervisors and Professionals Group
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BOARD OF DIRECTORS Minutes January 26, 2022
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY:
None.
BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING:
None.
ADJOURNMENT:
At 7:29 p.m., Chair Withers adjourned the meeting until the next Regular Meeting of the
Board of Directors to be held on Wednesday, February 23, 2022 at 6:00 p.m.
Submitted by:
__________________
Kelly A. Lore, MMC
Clerk of the Board
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