HomeMy WebLinkAbout10-06-2021 Board Meeting Complete Agenda PacketORANGE 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: 647 135 288#
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 thesetechnologies. We appreciate your interest in OC San!
September 30, 2021
NOTICE OF SPECIAL MEETING
BOARD OF DIRECTORS
ORANGE COUNTY SANITATION DISTRICT
Wednesday, October 6, 2021 – 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 in the manner indicated above on Wednesday, October 6, 2021 at 5:00 p.m.
Upcoming Meetings:
GWRS Steering Committee - Monday, October 11, 2021 at 5:00 p.m. Steering Committee - Wednesday, October 27, 2021 at 5:00 p.m. Board Meeting - Wednesday, October 27, 2021 at 6:00 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
October 27, 2021
November 17, 2021 *
December 15, 2021 *
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
* Meeting will be held on the third Wednesday of the month
ORANGE COUNTY SANITATION DISTRICT Effective 7/13/2021
BOARD OF DIRECTORS
Complete Roster
AGENCY/CITIES ACTIVE DIRECTOR
ALTERNATE
DIRECTOR
Anaheim Stephen Faessel Jose Diaz
Brea Glenn Parker Steven Vargas
Buena Park Art Brown Connor Traut
Cypress Paulo Morales Anne Hertz
Fountain Valley Patrick Harper Glenn Grandis
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 Jose Medrano
La Palma Marshall Goodman Nitesh Patel
Los Alamitos Mark A. Chirco Ron Bates
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, October 6, 2021 - 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 Sanitation District’s Administration Building located
at 10844 Ellis Avenue, Fountain Valley, California, and on the Sanitation District’s website at www.ocsd.com
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. Please contact the Clerk of the Board's office at (714) 593-7433 to request the audio file.
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, October 6, 2021
CALL TO ORDER
Board Chairman John Withers
ROLL CALL AND DECLARATION OF QUORUM
Clerk of the Board
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”.
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:
1.2021-1886IMPLEMENTATION OF AB 361 TO ALLOW TELECONFERENCED
PUBLIC MEETINGS
RECOMMENDATION:
Adopt 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”.
Originator:Lorenzo Tyner
Agenda Report
Resolution No. OC SAN 21-14
Attachments:
Page 1 of 2
BOARD OF DIRECTORS Special Meeting Agenda Wednesday, October 6, 2021
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY:
ADJOURNMENT:
Adjourn the Special Meeting until the Regular Meeting of the Board of Directors on October
27, 2021 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 #:2021-1886 Agenda Date:10/6/2021 Agenda Item No:1.
FROM:James D. Herberg, General Manager
Originator: Lorenzo Tyner, Assistant General Manager
SUBJECT:
IMPLEMENTATION OF AB 361 TO ALLOW TELECONFERENCED PUBLIC MEETINGS
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
Adopt 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”.
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.
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ORANGE COUNTY SANITATION DISTRICT
File #:2021-1886 Agenda Date:10/6/2021 Agenda Item No:1.
·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 moving forward with 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 adopts 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
N/A
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File #:2021-1886 Agenda Date:10/6/2021 Agenda Item No:1.
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.
CEQA
N/A
FINANCIAL CONSIDERATIONS
Staff will provide an analysis of the financial considerations associated with virtual and hybrid
meetings.
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 21-14
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1627232.1 OC SAN 21-14-1
RESOLUTION NO. OC SAN 21-14
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
ORANGE COUNTY SANITATION DISTRICT AUTHORIZING
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
1627232.1 OC SAN 21-14-2
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
October 6, 2021.
________________________________
John B. Withers
Board Chairman
1627232.1 OC SAN 21-14-3
ATTEST:
______________________________
Kelly A. Lore, MMC
Clerk of the Board
APPROVED AS TO FORM:
______________________________
Bradley R. Hogin
General Counsel
1627232.1 OC SAN 21-14-4
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 21-14 was passed
and adopted at a regular meeting of said Board on the 6th day of October 2021, 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 6th day of October 2021.
Kelly A. Lore, MMC
Clerk of the Board of Directors
Orange County Sanitation District