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Home My WebLink About01-12-2022 Board Meeting Complete Agenda Packet ORANGE COUNTY SANITATION DISTRICT SPECIAL NOTICE REGARDING CORONAVIRUS (COVID-19) AND ATTENDANCE AT PUBLIC MEETINGS Governor Newsom signed Assembly Bill (AB) 361 on September 16, 2021, which, in part, addresses the conduct of public meetings in light of the continued State of Emergency order. Effective October 1, 2021, AB 361 suspends the requirements located in California Government Code, Section 54953, Subdivision (b), Paragraph (3) specifically pertaining to the conduct of public meetings. As such, the Orange County Sanitation District (OC San) Board of Directors has determined that due to the size of OC San’s Board of Directors (25), and the health and safety of the members, the Board of Directors will be participating in meetings of the Board telephonically and via Internet accessibility. PUBLIC PARTICIPATION Your participation is always welcome. OC San offers several ways in which to interact during meetings. You will find information as to these opportunities below. ONLINE MEETING PARTICIPATION You may join the meeting live via Teams on your computer or similar device or web browser by using the link below: Click here to join the meeting We suggest testing joining a Teams meeting on your device prior to the commencement of the meeting. For recommendations, general guidance on using Teams, and instructions on joining a Teams meeting, please click here. Please mute yourself upon entry to the meeting. Please raise your hand if you wish to speak during the public comment section of the meeting. The Clerk of the Board will call upon you by using the name you joined with. Meeting attendees are not provided the ability to make a presentation during the meeting. Please contact the Clerk of the Board at least 48 hours prior to the meeting if you wish to present any items. Additionally, camera feeds may be controlled by the meeting moderator to avoid inappropriate content. OC ~SAN ORANGE COUNTY SANITATION DISTRICT HOW TO PARTICIPATE IN THE MEETING BY TELEPHONE To join the meeting from your phone: Dial (213) 279-1455 When prompted, enter the Phone Conference ID: 456 603 921# All meeting participants may be muted during the meeting to alleviate background noise. If you are muted, please use *6 to unmute. You may also mute yourself on your device. Please raise your hand to speak by use *5, during the public comment section of the meeting. The Clerk of the Board will call upon you by using the last 4 digits of your phone number as identification. NOTE: All attendees will be disconnected from the meeting at the beginning of Closed Session. If you would like to return to the Open Session portion of the meeting, please login or dial-in to the Teams meeting again and wait in the Lobby for admittance. VIEW THE MEETING ONLINE ONLY The meeting will be available for online viewing only at: https://ocsd.legistar.com/Calendar.aspx HOW TO SUBMIT A COMMENT You may provide verbal comment in real time during the meeting. In order to provide a verbal comment, please raise your hand as described above or alert the Clerk of the Board before or during the public comment period. You may also submit your comments and questions in writing for consideration in advance of the meeting by using the eComment feature available online at: https://ocsd.legistar.com/Calendar.aspx or sending them to OCSanClerk@ocsan.gov with the subject line “PUBLIC COMMENT ITEM # (insert the item number relevant to your comment)” or “PUBLIC COMMENT NON-AGENDA ITEM”. You may also submit comments and questions for consideration during the meeting by using the eComment feature available online at: https://ocsd.legistar.com/Calendar.aspx. The eComment feature will be available for the duration of the meeting. All written public comments will be provided to the legislative body and may be read into the record or compiled as part of the record. TECHNICAL SUPPORT PRIOR TO AND DURING MEETINGS For technical assistance before and during the meeting, please call 714-593-7431. For any other questions and/or concerns, please contact the Clerk of the Board’s office at 714-593-7433. Thank you, in advance, for your patience in working with these technologies. We appreciate your interest in OC San! January 4, 2022 NOTICE OF SPECIAL MEETING BOARD OF DIRECTORS ORANGE COUNTY SANITATION DISTRICT Wednesday, January 12, 2022 – 5:00 P.M. ACCESSIBILITY FOR THE GENERAL PUBLIC Your participation is always welcome. Specific information as to how to participate in this meeting is detailed in the Special Notice attached to this agenda. In general, OC San offers several ways in which to interact during meetings: you may join the meeting live via Teams on your computer or similar device or web browser, join the meeting live via telephone, view the meeting online, and/or submit comments for consideration before or during the meeting. The Special Meeting of the Board of Directors of the Orange County Sanitation District will be held at the above location and in the manner indicated on Wednesday, January 12, 2022 at 5:00 p.m. 0 ~SAN 10844 Ellis Avenue Fountain Valley, CA 92708 714.962.2411 ORANGE COUNTY SANITATION DISTRICT www.ocsan.gov Our Mission: To protect public health and the environment by providing effective wastewater collection, treatment, and recycling. Serving: Anaheim Brea Buena Park Cypress Fountain Valley Fullerton Garden Grove Huntington Beach Irvine La Habra La Palma Los Alamitos Newport Beach Orange Placentia Santa Ana Seal Beach Stanton Tustin Villa Park County of Orange Costa Mesa Sanitary District Midway City Sanitary District Irvine Ranch Water District Yorba Linda Water District BOARD MEETING DATES January 26, 2022 February 23, 2022 March 23, 2022 April 27, 2022 May 25, 2022 June 22, 2022 July 27, 2022 August 24, 2022 September 21, 2022 October 26, 2022 November 16, 2022 * December 21, 2022 * * Meeting will be held on the third Wednesday of the month ORANGE COUNTY SANITATION DISTRICT Effective 12/21/2021 BOARD OF DIRECTORS Complete Roster AGENCY/CITIES ACTIVE DIRECTOR ALTERNATE DIRECTOR Anaheim Stephen Faessel Gloria Ma’ae Brea Glenn Parker Steven Vargas Buena Park Art Brown Connor Traut Cypress Paulo Morales Anne Hertz Fountain Valley Patrick Harper Ted Bui Fullerton Jesus J. Silva Nick Dunlap Garden Grove Steve Jones John O’Neill Huntington Beach Kim Carr Dan Kalmick Irvine Anthony Kuo Farrah N. Khan La Habra Rose Espinoza Steve Simonian La Palma Marshall Goodman Nitesh Patel Los Alamitos Ron Bates NONE Newport Beach Brad Avery Joy Brenner Orange Kim Nichols Chip Monaco Placentia Chad Wanke Ward Smith Santa Ana Johnathan Ryan Hernandez Nelida Mendoza Seal Beach Sandra Massa-Lavitt Schelly Sustarsic Stanton David Shawver Carol Warren Tustin Ryan Gallagher Austin Lumbard Villa Park Chad Zimmerman Robert Collacott Sanitary/Water Districts Costa Mesa Sanitary District Bob Ooten Art Perry Midway City Sanitary District Andrew Nguyen Sergio Contreras Irvine Ranch Water District John Withers Douglas Reinhart Yorba Linda Water District Brooke Jones Phil Hawkins County Areas Board of Supervisors Doug Chaffee Donald P. Wagner BOARD OF DIRECTORS Special Meeting Agenda Wednesday, January 12, 2022 - 5:00 PM Board Room Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714)593-7433 AGENDA POSTING: In accordance with the requirements of California Government Code Section 54954.2, this agenda has been posted outside the main gate of the Orange County Sanitation District’s Administration Building located at 10844 Ellis Avenue, Fountain Valley, California, and on the Orange County Sanitation District’s website at www.ocsan.gov not less than 72 hours prior to the meeting date and time above. All public records relating to each agenda item, including any public records distributed less than 72 hours prior to the meeting to all, or a majority of the Board of Directors, are available for public inspection in the office of the Clerk of the Board. AGENDA DESCRIPTION: The agenda provides a brief general description of each item of business to be considered or discussed. The recommended action does not indicate what action will be taken. The Board of Directors may take any action which is deemed appropriate. MEETING AUDIO: An audio recording of this meeting is available within 24 hours after adjournment of the meeting at https://ocsd.legistar.com/Calendar.aspx or by contacting the Clerk of the Board at (714) 593-7433. NOTICE TO DIRECTORS: To place items on the agenda for a Committee or Board Meeting, the item must be submitted in writing to the Clerk of the Board: Kelly A. Lore, MMC, (714) 593-7433 / klore@ocsan.gov at least 14 days before the meeting. FOR ANY QUESTIONS ON THE AGENDA, BOARD MEMBERS MAY CONTACT STAFF AT: General Manager: Jim Herberg, jherberg@ocsan.gov / (714) 593-7300 Asst. General Manager: Lorenzo Tyner, ltyner@ocsan.gov / (714) 593-7550 Asst. General Manager: Rob Thompson, rthompson@ocsan.gov / (714) 593-7310 Director of Human Resources: Celia Chandler, cchandler@ocsan.gov / (714) 593-7202 Director of Engineering: Kathy Millea, kmillea@ocsan.gov / (714) 593-7365 Director of Environmental Services: Lan Wiborg, lwiborg@ocsan.gov / (714) 593-7450 OC ~SAN ORANGE COUNTY SANITATION DISTRICT BOARD OF DIRECTORS Special Meeting Agenda Wednesday, January 12, 2022 CALL TO ORDER (Board Chairman John Withers) PLEDGE OF ALLEGIANCE ROLL CALL AND DECLARATION OF QUORUM Clerk of the Board 1.2022-2053APPOINTMENTS TO THE ORANGE COUNTY SANITATION DISTRICT BOARD OF DIRECTORS RECOMMENDATION: 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 Anaheim Stephen Faessel Gloria Ma’ae City of Cypress Paulo Morales Anne Hertz City of Fountain Valley Patrick Harper Ted Bui City of Fullerton Jesus J. Silva Nick Dunlap City of Huntington Beach Kim Carr Dan Kalmick City of La Habra Rose Espinoza Steve Simonian City of Los Alamitos Ron Bates NONE City of Tustin Ryan Gallagher Austin Lumbard Originator:Kelly Lore PUBLIC COMMENTS: Your participation is always welcome. Specific information as to how to participate in a meeting is detailed in the Special Notice attached to this agenda. In general, OC San offers several ways in which to interact during meetings: you may join the meeting live via Teams on your computer or similar device or web browser, join the meeting live via telephone, view the meeting online, and/or submit comments for consideration before or during the meeting. You may provide verbal comment in real time during the meeting. In order to provide a verbal comment, please raise your hand (directions provided in the Special Notice attached to this agenda) or alert the Clerk of the Board before or during the public comment period. You may submit your comments and questions in writing for consideration in advance of the meeting by using the eComment feature available online at: https://ocsd.legistar.com/Calendar.aspx or sending them to OCSanClerk@ocsan.gov with the subject line “PUBLIC COMMENT ITEM # (insert the item number relevant to your comment)” or “PUBLIC COMMENT NON-AGENDA ITEM”. Page 1 of 2 BOARD OF DIRECTORS Special Meeting Agenda Wednesday, January 12, 2022 You may also submit comments and questions for consideration during the meeting by using the eComment feature available online at: https://ocsd.legistar.com/Calendar.aspx. The eComment feature will be available for the duration of the meeting. All written public comments will be provided to the legislative body and may be read into the record or compiled as part of the record. NON-CONSENT: 2.2022-2052CONTINUATION OF TELECONFERENCED PUBLIC MEETINGS RECOMMENDATION: Adopt Resolution No. OC SAN 22-01 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”. Originator:Kelly Lore Agenda Report Resolution No. OC SAN 22-01 Attachments: OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING: At this time Directors may request staff to place an item on a future agenda. ADJOURNMENT: Adjourn the Board meeting until the Regular Meeting of the Board of Directors on January 26, 2022 at 6:00 p.m. Page 2 of 2 BOARD OF DIRECTORS Agenda Report Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 File #:2022-2052 Agenda Date:1/12/2022 Agenda Item No:2. FROM:James D. Herberg, General Manager Originator: Kelly A. Lore, Clerk of the Board SUBJECT: CONTINUATION OF TELECONFERENCED PUBLIC MEETINGS GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Adopt Resolution No. OC SAN 22-01 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”. BACKGROUND Under Section 54943(b)(3), a legislative body may use teleconferencing in connection with any meeting if it posts agendas in all teleconference locations, identifies each teleconference location in the meeting notice, makes each teleconference location accessible to the public, and allows members of the public to address the legislative body from each teleconference location. On September 16, 2021, Governor Newsom signed AB 361. The bill amends Government Code Section 54943 to allow legislative bodies to use teleconferencing for public meetings without complying with the requirements of Section 54943(b)(3) if 1) the Governor has proclaimed a state of emergency and the County of Orange recommends social distancing for vulnerable populations, and 2) the legislative body has determined that meeting in person would present an imminent risk to the health of Board members, staff, and the public. The first condition is currently satisfied because the Governor’s proclaimed State of Emergency remains in effect, and the County of Orange currently recommends measures to promote social distancing for vulnerable populations. In addition, the following facts support a finding by the Board that meeting in person would present an imminent risk to the health of Board members, staff, and the public: ·While effective COVID-19 vaccines are widely available, many Orange County residents have not been vaccinated. ·In order to slow down the transmission of COVID-19, public health officials recommend that unvaccinated persons avoid gatherings and practice social distancing. ·Some individuals who contract COVID-19 have no symptoms or have only mild symptoms and are therefore unaware that they carry the virus and may be transmitting it to others. Orange County Sanitation District Printed on 1/4/2022Page 1 of 3 powered by Legistar™ OC6SAN ORANGE COUNTY SANITATION DISTRICT File #:2022-2052 Agenda Date:1/12/2022 Agenda Item No:2. ·Older adults and individuals with medical conditions are at higher risk of severe illness from COVID-19. ·The age,condition,and health of a significant portion of residents within the Orange County Sanitation District’s (OC San)jurisdiction place them at risk for serious health complications, including hospitalization and death, from COVID-19. ·Younger and otherwise healthy people are also at risk for serious health problems and may transmit COVID-19 to others. In order to hold remote meetings without complying with Section 54943(b)(3),the legislative body must:1)give notice of the means by which members of the public may access the meeting and offer public comment,2)provide a call-in or internet based option,and 3)provide an opportunity for the public to address the legislative body in real time.Microsoft Teams will allow OC San to comply with the second and third requirements. RELEVANT STANDARDS ·Comply with Government Code Section 54943 ·Commitment to safety & reducing risk in all operations ·Provide a safe and collegial workplace PROBLEM A recent surge in COVID-19 cases has been reported across California as well as the country.The state of emergency continues to directly impact the ability of the members of the OC San Board of Directors and its Board Committees to meet safely in person,and OC San officials continue to impose or recommend measures to promote social distancing in OC San facilities. PROPOSED SOLUTION OC San staff recommends continuing Board of Directors and its Board Committees meetings to remain fully virtual,provided the public has the ability to participate,and the Board of Directors adopt a resolution every 30 days to continue using the relaxed Brown Act teleconferencing requirements. TIMING CONCERNS If the Resolution is not adopted,Board of Directors and Committee meetings will be required to meet in person pursuant to Government Code Sections 54950, et seq. PRIOR COMMITTEE/BOARD ACTIONS December 15,2021 -Adopted Resolution No.OC SAN 21-24 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”. November 17,2021 -Adopted Resolution No.OC SAN 21-20 entitled,“A Resolution of the Board of Orange County Sanitation District Printed on 1/4/2022Page 2 of 3 powered by Legistar™ File #:2022-2052 Agenda Date:1/12/2022 Agenda Item No:2. November 17,2021 -Adopted 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”. October 27,2021 -Adopted 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”. October 6,2021 -Adopted Resolution No.OC SAN 21-14 entitled,“A Resolution of the Board of Directors of the Orange County Sanitation District authorizing Remote Meetings pursuant to Government Code Section 54953”. ADDITIONAL INFORMATION The Board of Directors must make certain findings by majority vote every 30 days to continue using the relaxed Brown Act teleconferencing requirements pursuant to Government Code Section 54953 (e). CEQA N/A FINANCIAL CONSIDERATIONS N/A ATTACHMENT The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda package: ·Resolution No. OC SAN 22-01 Orange County Sanitation District Printed on 1/4/2022Page 3 of 3 powered by Legistar™ OC SAN 22-01-1 RESOLUTION NO. OC SAN 22-01 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 WHEREAS, Government Code Section 54953(e) allows a legislative body to hold remote meetings through teleconferencing without complying with the requirements of Government Code Section 54953(b)(3), subject to certain conditions and requirements; and WHEREAS, on March 4, 2020, the Governor proclaimed a State of Emergency based on the threat of COVID-19, and the State of Emergency remains in effect; and WHEREAS, based on the threat of COVID-19, the County of Orange recommends measures to promote social distancing for vulnerable populations; and WHEREAS, while effective COVID-19 vaccines are widely available, many Orange County residents have not been vaccinated; and WHEREAS, in order to slow down the transmission COVID-19, public health officials recommend that unvaccinated persons avoid gatherings and practice social distancing; and WHEREAS, some individuals who contract COVID-19 have no symptoms or have only mild symptoms and are therefore unaware that they carry the virus and may be transmitting it to others; and WHEREAS, older adults and individuals with medical conditions are at higher risk of severe illness from COVID-19; and WHEREAS, sustained COVID-19 community transmission continues to occur; and WHEREAS, the age, condition, and health of a significant portion of residents within the Orange County Sanitation District’s jurisdiction place them at risk for serious health complications, including hospitalization and death, from COVID-19; and WHEREAS, younger and otherwise healthy people are also at risk for serious health problems and may transmit COVID-19 to others; and OC SAN 22-01-2 WHEREAS, the Board of Directors of the Orange County Sanitation District finds that the conditions stated above have caused, and will continue to cause, conditions of peril to the safety of persons within the Orange County Sanitation District that are likely beyond the control of services, personnel, equipment, and facilities of the Orange County Sanitation District. NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE ORANGE COUNTY SANITATION DISTRICT DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The above recitals are true and correct and are incorporated herein by reference. Section 2. The conditions described in Government Code Section 54953(e) are present, in that (a) the Governor has proclaimed a state of emergency and the County of Orange recommends social distancing for vulnerable populations, and (b) the Board of Directors has determined that meeting in person would present an imminent risk to the health of Board members, staff, and the public based on the circumstances described above. Section 3. The Board of Directors and the Committees of the legislative body shall conduct its meetings as authorized by Government Code Section 54953(e) and comply with the requirements set forth therein. Section 4. The General Manager of the Orange County Sanitation District is authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution, including conducting open and public meetings in accordance with Government Code Section 54953(e) and other applicable provisions of the Brown Act. Section 5. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED at a Special meeting of the Board of Directors held January 12, 2022. ________________________________ John B. Withers Board Chairman OC SAN 22-01-3 ATTEST: ______________________________ Kelly A. Lore, MMC Clerk of the Board APPROVED AS TO FORM: ______________________________ Bradley R. Hogin General Counsel OC SAN 22-01-4 STATE OF CALIFORNIA ) ) ss COUNTY OF ORANGE ) I, Kelly A. Lore, Clerk of the Board of Directors of the Orange County Sanitation District, do hereby certify that the foregoing Resolution No. OC SAN 22-01 was passed and adopted at a regular meeting of said Board on the 12th day of January 2022, by the following vote, to wit: AYES: NOES: ABSTENTIONS: ABSENT: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of Orange County Sanitation District this 12th day of January 2022. Kelly A. Lore, MMC Clerk of the Board of Directors Orange County Sanitation District