HomeMy WebLinkAbout08-28-2019 Steering Committee MinutesOrange County Sanitation District
Minutes of the
STEERING COMMITTEE
CALL TO ORDER
VVednesday,August28, 2019
5:00 PM
Conference Room A
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7 433
A regular meeting of the Steering Committee of the Orange County Sanitation District was
called to order by Board Chairman David Shawver on VVednesday, August 28, 2019 at 5:01
p.m. in the Administration Building of the Orange County Sanitation District.
A quorum was declared present, as follows:
DECLARATION OF QUORUM:
Present: David Shawver, John VVithers, Robert Collacott, Chad VVanke, Glenn
Parker and Tim Shaw
Absent: Peter Kim
STAFF PRESENT:
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 VViborg, Director of Environmental Services; Kelly Lore, Clerk of
the Board; Marc Brown; Jennifer Cabral; Cliff Casanova; Rod Collins; Thys DeVries; Mike
Dorman; Dean Fisher; Al Garcia; Ted Gerber; Mark Kawamoto; Laurie Klinger; Tina Knapp;
Laura Maravilla; Andrew Nau; VVally Ritchie; Roya Sohanaki; and Thomas Vu.
OTHERS PRESENT:
Brad Hagin, General Counsel; Laura Kalty, Liebert Cassidy VVhitmore, Special Counsel.
PUBLIC COMMENTS:
None.
REPORTS:
Chair Shawver and General Manager Jim Herberg did not provide reports.
CONSENT CALENDAR:
1. APPROVAL OF MINUTES 2019-508
Originator: Kelly Lore
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STEERING COMMITTEE Minutes August 28, 2019
2.
MOVED, SECONDED, AND DULY CARRIED TO:
Approve Minutes of the Regular Meeting of the Steering Committee held July 24, 2019.
Ayes: David Shawver, John Withers, Robert Collacott, Chad Wanke, Glenn
Parker and Tim Shaw
Noes:
Absent:
Abstentions:
None
Peter Kim
None
AMENDMENT TO BIG CANYON COUNTRY CLUB EASEMENT 2019-496
Originator: Lorenzo Tyner
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
Approve the Amendment to Easement between Orange County Sanitation District and
Big Canyon Country Club to adjust the Sanitation District's easement to correspond
with the new sewer location within the Big Canyon Country Club in the City of Newport
Beach.
Ayes:
Noes:
Absent:
Abstentions:
David Shawver, John Withers, Robert Collacott, Chad Wanke, Glenn
Parker and Tim Shaw
None
Peter Kim
None
NON-CONSENT:
3. SETILEMENT AGREEMENT WITH ASEPTIC TECHNOLOGY, LLC 2019-497
Originator: Lan Wiborg
Assistant General Manager Lorenzo Tyner provided background information on this
item and answered questions from the Committee.
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
Authorize the General Manager to execute a Settlement Agreement to settle industrial
wastewater discharge enforcement matters with Aseptic Technology, LLC, a facility that
discharged without a valid Orange County Sanitation District permit, for $185,000 plus
applicable fees and interest, in a form approved by General Counsel.
Ayes: David Shawver, John Withers, Robert Collacott, Chad Wanke, Glenn
Parker and Tim Shaw
Noes: None
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STEERING COMMITTEE Minutes August 28, 2019
4.
5.
6.
Absent:
Abstentions:
Peter Kim
None
GENERAL MANAGER'S FISCAL YEAR 2019-20 DRAFT WORK PLAN
Originator: Jim Herberg
Mr. Herberg introduced this item and provided a brief background on the item.
2019-498
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
Receive and file the General Manager's Fiscal Year 2019-2020 Draft Work Plan.
Ayes: David Shawver, John Withers, Robert Collacott, Chad Wanke, Glenn
Parker and Tim Shaw
Noes:
Absent:
Abstentions:
None
Peter Kim
None
SUCCESSOR MEMORANDUMS OF UNDERSTANDING FOR THE
SUPERVISOR & PROFESSIONAL GROUPS
Originator: Celia Chandler
2019-499
Special Legal Counsel Laura Kalty provided background information on this item.
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
A. Adopt Resolution No. OCSD 19-08, entitled, "A Resolution of the Board of
Directors of the Orange County Sanitation District approving the Memoranda of
Understanding between the Orange County Sanitation District and the
Supervisory and Professional Management Group, for Fiscal Years 2019/2020,
2020/2021 & 2021 /2022; and
B. Direct staff to finalize and sign the Memoranda of Understanding (MOUs)
between Orange County Sanitation District and the two (2) Supervisory and
Professional Management Group bargaining units.
Ayes: David Shawver, John Withers, Robert Collacott, Chad Wanke, Glenn
Parker and Tim Shaw
Noes:
Absent:
Abstentions:
None
Peter Kim
None
SUCCESSOR MEMORANDUMS OF UNDERSTANDING FOR THE
ORANGE COUNTY EMPLOYEES ASSOCIATION
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2019-500
STEERING COMMITTEE Minutes August 28, 2019
7.
Originator: Celia Chandler
Special Legal Counsel Laura Kalty provided background information on this item.
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
A. Adopt Resolution No. OCSD 19-09, entitled, "A Resolution of the Board of
Directors of the Orange County Sanitation District approving the Memoranda of
Understanding between the Orange County Sanitation District and the Orange
County Employees Association (OCEA), for Fiscal Years 2019/2020, 2020/2021
& 2021 /2022; and
B. Direct staff to finalize and sign the Memoranda of Understanding (MOUs)
between Orange County Sanitation District and the three (3) OCEA bargaining
units.
Ayes: David Shawver, John Withers, Robert Collacott, Chad Wanke, Glenn
Parker and Tim Shaw
Noes:
Absent:
Abstentions:
None
Peter Kim
None
SUCCESSOR MEMORANDUMS OF UNDERSTANDING FOR THE
INTERNATIONAL UNION OF OPERATING ENGINEERS -LOCAL 501
Originator: Celia Chandler
2019-501
Special Legal Counsel Laura Kalty provided background information on this item and
indicated there was a correction of note on a typo in Exhibit A in paygrade 66 that
should read $45.21 , not $45.12.
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
A. Adopt Resolution No. OCSD 19-10, entitled, "A Resolution of the Board of
Directors of the Orange County Sanitation District approving the Memoranda of
Understanding between the Orange County Sanitation District and the
International Union of Operating Engineers, Local 501, for Fiscal Years
2019/2020, 2020/2021 & 2021/2022; and
B. Direct staff to finalize and sign the Memoranda of Understanding (MOUs)
between Orange County Sanitation District and the Local 501 bargaining unit.
Ayes: David Shawver, John Withers, Robert Collacott, Chad Wanke, Glenn
Parker and Tim Shaw
Noes:
Absent:
None
Peter Kim
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STEERING COMMITTEE Minutes August 28, 2019
8.
Abstentions: None
ELIMINATION OF UNFUNDED ACTUARIAL ACCRUED LIABILITY
(UAAL) AND NET PENSION LIABILITY (NPL) WITHIN THE ORANGE
COUNTY EMPLOYEES' RETIREMENT SYSTEM
Originator: Lorenzo Tyner
2019-526
Mr. Tyner provided background information on this item and answered questions from
the Committee.
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
Direct staff to pay off the following amounts in the Orange County Sanitation District's
defined pension plan administered by the Orange County Employees' Retirement
System (OCERS) in an amount not to exceed $38 million:
• Unfunded Actuarial Accrued Liability (UAAL) in the amount of $9 million for
pension benefits
• Net Pension Liability (NPL) in the amount of $29 million for deferred investment
loss
Ayes:
Noes:
Absent:
Abstentions:
David Shawver, John Withers, Robert Collacott, Chad Wanke, Glenn
Parker and Tim Shaw
None
Peter Kim
None
INFORMATION ITEMS:
None.
CLOSED SESSION:
CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS
54957(b)(1 ), 54957.6 & 54956.9(d)(4):
The Committee convened in closed session at 5:29 p.m. to discuss four 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 2019-503
LITIGATION -GOVERNMENT CODE SECTION 54956.9(D)(2)
CONVENED IN CLOSED SESSION:
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STEERING COMMITTEE Minutes August 28, 2019
Number of Potential Cases: 1
Significant exposure to litigation: Claim of Jose Cruz
CS-2 CONFERENCE WITH LABOR NEGOTIATORS -GOVERNMENT
CODE SECTION 54957.6
CONVENED IN CLOSED SESSION:
2019-504
Agency Designated Representatives: General Manager James Herberg, Assistant
General Manager Lorenzo Tyner, and Director of Human Resources Celia Chandler.
Unrepresented Employees: Confidential Group: Assistant Clerk of the Board; Clerk of
the Board; Human Resources Analyst; Human Resources Assistant; Human Resources
Supervisor; Principal HR Analyst; Secretary to the General Manager; and Senior
Human Resources Analyst.
CS-3 CONFERENCE WITH LABOR NEGOTIATORS -GOVERNMENT
CODE SECTION 54957.6
CONVENED IN CLOSED SESSION:
2019-505
Agency Designated Representatives: General Manager James Herberg, Assistant
General Manager Lorenzo Tyner and Director of Human Resources Celia Chander.
Unrepresented Employees: Managers Group: Administration Manager; Controller;
Engineering Manager; Environmental Laboratory & Ocean Monitoring Manager; Human
Resources & Risk Manager; IT Systems & Operations Manager; Maintenance
Manager; Operations Manager; and Purchasing and Contracts Manager.
CS-4 CONFERENCE WITH LABOR NEGOTIATORS -GOVERNMENT
CODE SECTION 54957.6
CONVENED IN CLOSED SESSION:
2019-506
Agency Designated Representatives: General Manager James Herberg, Assistant
General Manager Lorenzo Tyner, and Director of Human Resources Celia Chandler.
Unrepresented Employees: Executive Managers Group: Assistant General Manager;
Director of Engineering; Director of Environmental Services; and Director of Human
Resources.
The Committee reconvened in Open Session at 5:53 p.m.
CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED
SESSION:
General Counsel Brad Hagin did not provide a report.
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STEERING COMMITTEE Minutes August 28, 2019
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY:
None.
BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING:
None.
ADJOURNMENT:
Chair Shawver declared the meeting adjourned at 5:54 p.m. to the next Steering Committee
meeting to be held on September 25, 2019 at 5:00 p.m.
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