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HomeMy WebLinkAbout10-26-2022 Steering Committee Meeting Complete Agenda PacketC)C6SAN ORANGE COUNTY SANITATION DISTRICT 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. 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: 861 111 458# 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(o)_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! 10844 Avenue Fountainn Valley, CA 92708 OC6SAN714...2.241, ORANGE COUNTY SANITATION DISTRICT www.ocsan_gov October 19, 2022 NOTICE OF REGULAR MEETING STEERING COMMITTEE ORANGE COUNTY SANITATION DISTRICT Wednesday, October 26, 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 Regular Meeting of the Steering Committee of the Orange County Sanitation District will be held at the above location and in the manner indicated on Wednesday, October 26, 2022 at 5:00 p.m. Serving: Anaheim Brea Buena Park Cypress Fountain Valley Fullerton Garden Grove Huntington Beach Irvine La Habra La Palma Los Alam itos 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 Our Mission. To protect public health and the environment by providing effective wastewater collection, treatment, and recycling. STEERING COMMITTEE AND BOARD MEETING DATES October 26, 2022 November 16, 2022 * December 21, 2022 * January 25, 2023 February 22, 2023 March 22, 2023 April 26, 2023 May 24, 2023 June 28, 2023 August 23, 2023 September 27, 2023 October 25, 2023 * Meeting will be held on the third Wednesday of the month STEERING COMMITTEE (1) Roll Call: Meeting Date: October 26, 2022 Meeting Time: 5:00 p.m. Committee Members Chad Wanke, Board Chair .................................................... Ryan Gallagher, Board Vice -Chair ........................................... Brooke Jones, Operations Committee Chair .............................. Glenn Parker, Administration Committee Chair ........................... Jesus J. Silva, LaPA Committee Chair ...................................... Sandra Massa-Lavitt, Member -At -Large .................................... John Withers, Member -At -Large ............................................. Others Brad Hogin, General Counsel.. Staff 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 ...................................... Riaz Moinuddin, Director of Operations & Maintenance .............. Lan Wiborg, Director of Environmental Services ........................ Kelly Lore, Clerk of the Board ................................................ Other Staff Present ORANGE COUNTY SANITATION DISTRICT Effective 10/19/2022 BOARD OF DIRECTORS Complete Roster ALTERNATE AGENCY/CITIES ACTIVE DIRECTOR DIRECTOR Anaheim Stephen Faessel Gloria Ma'ae Brea Glenn Parker Cecilia Hupp Buena Park Art Brown Connor Traut Cypress Paulo Morales Anne Hertz-Mallari 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 VACANT Jordan Nefulda 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 Mark Nguyen Irvine Ranch Water District John Withers Douglas Reinhart Yorba Linda Water District Brooke Jones Tom Lindsey County Areas Board of Supervisors Donald P. Wagner Doug Chaffee OC6SAN ORANGE COUNTY SANITATION DISTRICT STEERING COMMITTEE Regular Meeting Agenda Wednesday, October 26, 2022 - 5:00 PM Board Room Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 ACCOMMODATIONS FOR THE DISABLED: If you require any special disability related accommodations, please contact the Orange County Sanitation District (OC San) Clerk of the Board's office at (714) 593-7433 at least 72 hours prior to the scheduled meeting. Requests must specify the nature of the disability and the type of accommodation requested. 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 OC San's Administration Building located at 10844 Ellis Avenue, Fountain Valley, California, and on the OC San'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, Ityner@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, Iwiborg@ocsan.gov / (714) 593-7450 Director of Operations & Maintenance: Riaz Moinuddin, rmoinuddin@ocsan.gov / (714) 593-7269 STEERING COMMITTEE Regular Meeting Agenda Wednesday, October 26, 2022 CALL TO ORDER 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/Ca/endar.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. REPORTS: The Board Chairperson and the General Manager may present verbal reports on miscellaneous matters of general interest to the Directors. These reports are for information only and require no action by the Directors. CONSENT CALENDAR: Consent Calendar Items are considered to be routine and will be enacted, by the Committee, after one motion, without discussion. Any items withdrawn from the Consent Calendar for separate discussion will be considered in the regular order of business. 1. APPROVAL OF MINUTES 2022-2578 RECOMMENDATION: Approve Minutes of the Regular Meeting of the Steering Committee held September 28, 2022. Originator: Kelly Lore Attachments: Agenda Report 09-28-2022 Steering Committee Minutes Page 1 of 3 STEERING COMMITTEE Regular Meeting Agenda Wednesday, October 26, 2022 NON -CONSENT: 2. CONTINUATION OF TELECONFERENCED PUBLIC MEETINGS 2022-2564 RECOMMENDATION: Recommend to the Board of Directors to: A. Discuss and provide direction to staff on the continuation of remote meetings; and B. If appropriate, adopt Resolution No. OC SAN 22-33 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: Jim Herberg Attachments: Agenda Report Resolution No. OC SAN 22-33 3. REVISED POLICY REGARDING BOARD OF DIRECTORS' EXPENSE 2022-2541 REIMBURSEMENT, MEETING ATTENDANCE AND COMPENSATION RECOMMENDATION: Recommend to the Board of Directors to: Adopt Resolution No. OC SAN 22-34 entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District Adopting a Revised Policy Regarding Board of Directors' Expense Reimbursement, Meeting Attendance and Compensation; and Repealing Resolution No. OCSD 18-20". Originator: Jim Herberg Attachments: Agenda Report Resolution No. OC SAN 22-34 - Draft (Redlined) Resolution No. OC SAN 22-34 (Clean) INFORMATION ITEMS: None. DEPARTMENT HEAD REPORTS: CLOSED SESSION: None. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: Page 2 of 3 STEERING COMMITTEE Regular Meeting Agenda Wednesday, October 26, 2022 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 Committee meeting until the Regular Meeting of the Steering Committee on November 16, 2022 at 5:00 p.m. Page 3 of 3 "� SAN ORANGE COUNTY SANITATION DISTRICT File #: 2022-2578 STEERING COMMITTEE Agenda Report Agenda Date: 10/26/2022 FROM: James D. Herberg, General Manager Originator: Kelly A. Lore, Clerk of the Board SUBJECT: APPROVAL OF MINUTES GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714)593-7433 Agenda Item No: 1. Approve Minutes of the Regular Meeting of the Steering Committee held September 28, 2022. BACKGROUND In accordance with the Board of Directors Rules of Procedure, an accurate record of each meeting will be provided to the Directors for subsequent approval at the following meeting. 1:74AA%1'11&3IF_1z117_1:711� :Z .71t 7Me , R.1<iZOy_1,0i849iZ1 ATTACHMENT The following attachment(s) may be viewed on-line at the OC San website (www.ocsan.gov) with the complete agenda package: • Minutes of the Steering Committee meeting held September 28, 2022 Orange County Sanitation District Page 1 of 1 Printed on 10/18/2022 powered by LegistarTIM Orange County Sanitation District Wednesday, September 28, 2022 Minutes for the 5:00 PM STEERING COMMITTEE Board Room OC6SAN Administration Building ORANGE COUNTY SANITATION DISTRICT 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 CALL TO ORDER A regular meeting of the Steering Committee of the Orange County Sanitation District was called to order by Board Chairman Chad Wanke on Wednesday, September 28, 2022 at 5.00 p.m. in the Administration Building of the Orange County Sanitation District. ROLL CALL AND DECLARATION OF QUORUM: The Clerk of the Board declared a quorum present as follows: PRESENT: Chad Wanke, Ryan Gallagher, Brooke Jones, Sandra Massa-Lavitt, Jesus Silva, Glenn Parker and John Withers ABSENT: None STAFF PRESENT: Jim Herberg, General Manager; Kelly Lore, Clerk of the Board; and Mortimer Caparas were present in the Board Room. Rob Thompson, Assistant General Manager; Lorenzo Tyner, Assistant General Manager; Celia Chandler, Director of Human Resources; Kathy Millea, Director of Engineering; Riaz Moinuddin, Director of Operations and Maintenance; Lan Wiborg, Director of Environmental Services; Janine Aguilar; Jennifer Cabral; Mortimer Caparas; Brian Engeln; Tina Knapp; Laura Maravilla; Rob Michaels; Wally Ritchie; and Ruth Zintzun were in attendance telephonically. OTHERS PRESENT: Brad Hogin, General Counsel, and Chief Negotiator Laura Kalty, Liebert Cassidy Whitmore, were in attendance telephonically. PUBLIC COMMENTS: None. RFP(')RTS- Chair Wanke and General Manager Jim Herberg did not provide reports. CONSENT CALENDAR: 1. APPROVAL OF MINUTES 2022-2510 Originator: Kelly Lore MOVED, SECONDED, AND DULY CARRIED TO: Page 1 of 4 STEERING COMMITTEE Minutes September 28, 2022 Approve Minutes of the Regular Meeting of the Steering Committee held August 24, 2022. AYES: Chad Wanke, Ryan Gallagher, Brooke Jones, Sandra Massa-Lavitt, Jesus Silva, Glenn Parker and John Withers NOES: None ABSENT: None ABSTENTIONS: None NON -CONSENT: 2. COMPENSATION AND BENEFITS FOR UNREPRESENTED 2022-2531 EMPLOYEE GROUPS - EXECUTIVE MANAGEMENT TEAM, MANAGER GROUP, AND CONFIDENTIAL GROUP Originator: Celia Chandler Mr. Herberg presented a brief introduction to this item. MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: A. Adopt Resolution No. OC SAN 22-27, entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District Approving Salary and Benefit Adjustments for Unrepresented Executive Management Team Employees for Fiscal Years 2022/2023, 2023/2024, and 2024/2025"; B. Adopt Resolution No. OC SAN 22-28, entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District Approving Salary and Benefit Adjustments for Unrepresented Manager Group Employees for Fiscal Years 2022/2023, 2023/2024, and 2024/2025"; C. Adopt Resolution No. OC SAN 22-29, entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District Approving Salary and Benefit Adjustments for Unrepresented Exempt Confidential Employees for Fiscal Years 2022/2023, 2023/2024, and 2024/2025"; and D. Adopt Resolution No. OC SAN 22-30, entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District Approving Salary and Benefit Adjustments for Unrepresented Non -Exempt Confidential Employees for Fiscal Years 2022/2023, 2023/2024, and 2024/2025". AYES: Chad Wanke, Ryan Gallagher, Brooke Jones, Sandra Massa-Lavitt, Jesus Silva, Glenn Parker and John Withers NOES: None ABSENT: None ABSTENTIONS: None Page 2 of 4 STEERING COMMITTEE Minutes September 28, 2022 3. SUCCESSOR MEMORANDUM OF UNDERSTANDING FOR THE 2022-2540 INTERNATIONAL UNION OF OPERATING ENGINEERS - LOCAL 501 Originator: Celia Chandler Chief Negotiator Laura Kalty provided an overview of this item. MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: A. Adopt Resolution No. OC SAN 22-31, entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District approving the Memorandum of Understanding (MOU) between the Orange County Sanitation District and the International Union of Operating Engineers Local 501, for Fiscal Years 2022/2023, 2023/2024 & 2024/2025"; B. Direct Staff to finalize and sign the Memorandum of Understanding (MOU) between Orange County Sanitation District and the Local 501 bargaining unit; and C. Approve pay grade changes for the following classifications: Mechanic (LOC61 to LOC62), Senior Mechanic (LOC67 to LOC68), and Lead Mechanic (LOC71 to LOC72). AYES: Chad Wanke, Ryan Gallagher, Brooke Jones, Sandra Massa-Lavitt, Jesus Silva, Glenn Parker and John Withers NOES: None ABSENT: None ABSTENTIONS: None INFORMATION ITEMS: rem DEPARTMENT HEAD REPORTS: None. CLOSED SESSION: None. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: None. Page 3 of 4 STEERING COMMITTEE Minutes September 28, 2022 BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING: None. ADJOURNMENT: Chair Wanke declared the meeting adjourned at 5:09 p.m. to the next Regular Steering Committee meeting to be held on Wednesday, October 26, 2022 at 5:00 p.m. Submitted by: Kelly A. Lore, MMC Clerk of the Board Page 4 of 4 "� SAN ORANGE COUNTY SANITATION DISTRICT File #: 2022-2564 STEERING COMMITTEE Agenda Report Agenda Date: 10/26/2022 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: Recommend to the Board of Directors to: Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714)593-7433 Agenda Item No: 2. A. Discuss and provide direction to staff on the continuation of remote meetings; and B. If appropriate, adopt Resolution No. OC SAN 22-33 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 Government Code §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 §54943 to allow legislative bodies to use teleconferencing for public meetings without complying with the requirements of §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: • In -person meetings of the Orange County Sanitation District's (OC San) Governing Board and Committees involve relatively large numbers of attendees, as the Board has 25 members and OC San has a large staff. • The room in which Board and Committee meetings take place is not large enough to easily accommodate social distancing given the number of Board Members and staff that regularly attend. Orange County Sanitation District Page 1 of 6 Printed on 10/18/2022 powered by LegistarTIM File #: 2022-2564 Agenda Date: 10/26/2022 Agenda Item No: 2. • 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 and its variants, public health officials recommend that unvaccinated persons avoid gatherings and practice social distancing. • Some individuals who contract COVID-19 and its variants have no symptoms or have only mild symptoms and are therefore unaware that they carry the virus and may be transmitting it to others. • Older adults and individuals with medical conditions are at higher risk of severe illness from COVID-19 and its variants. • The age, condition, and health of a significant portion of residents within OC San's jurisdiction place them at risk for serious health complications, including hospitalization and death, from COVID-19 and its variants. • Younger and otherwise healthy people are also at risk for serious health problems and may transmit COVID-19 and its variants to others. In order to hold remote meetings without complying with §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. On September 13, 2022, Governor Newsom signed into law AB 2449 (Rubio) marking further modifications to the Brown Act which go into effect on January 1, 2023. AB 2449 provides alternative teleconference procedures to allow members of a legislative body to participate remotely, the application of which relies on individual facts and circumstances. AB 2449 allows the legislative body of a local agency to use teleconferencing without complying with the traditional Brown Act teleconferencing rules or the AB 361 rules in certain circumstances. To do so, at least a quorum of the members of the legislative body must participate in person from a singular physical location identified on the agenda, which location will be open to the public and within the boundaries of the local agency. The legislative body must also provide either a two-way audiovisual platform or two- way telephonic service and a live webcasting of the meeting to allow the public to remotely hear and visually observe the meeting, and remotely address the legislative body. The agenda must identify and include an opportunity for all persons to attend via a call -in option, internet-based service option, and at the in -person location of the meeting. In addition to the above prerequisites, AB 2449 also contains a number of provisions that only allow a member of the legislative body to participate remotely under certain circumstances for "just cause" and "emergency", which are narrowly defined in the legislation. Additionally, AB 2449's teleconference procedures may not be used by a member of the legislative body to teleconference for a period of more than three consecutive months or 20% of the regular meetings within a calendar year, or more than two meetings if the legislative body meets fewer than 10 times per calendar year. Members participating remotely must do so through both audio and visual technology and must publicly disclose whether any individual over the age of 18 is present at the remote location with the member. The remote meeting rules enacted in AB 361 will expire on January 1, 2024. AB 2449's rules remain in effect through 2025. Since AB 2449 modified that Brown Act and AB 361 suspends components of Orange County Sanitation District Page 2 of 6 Printed on 10/18/2022 powered by LegistarT" File #: 2022-2564 Agenda Date: 10/26/2022 Agenda Item No: 2. the Brown Act, AB 361 remains the prevailing direction as to how meetings may be conducted until Governor Newsom rescinds the State of Emergency order and the County of Orange no longer recommends social distancing for vulnerable populations. On October 17, 2022, Governor Newsom announced that the COVID-19 State of Emergency will end on February 28, 2023. RELEVANT STANDARDS • Comply with Government Code Section 54943 • Commitment to safety & reducing risk in all operations • Provide a safe and collegial workplace PROBLEM At the meeting on September 28, 2022, the Board of Directors asked that the format of how meetings are conducted (remote, in -person, hybrid) be agendized for discussion. Should OC San officials continue to impose or recommend measures to promote social distancing in OC San facilities and want to continue conducting remote meetings, Resolution No. OC SAN 22-33 needs to be adopted. a:W 1919411&*9 111119101 At the request of the Board, discuss and provide direction to staff on the continuation of remote meetings. To facilitate this discussion, staff has identified the following three options for future Board of Directors and Board Committee meetings. Option #1: Continuation of remote meetings Meetings of the Board of Directors and Board Committees have been conducted in this format since March/April 2020. This option will continue to be available pursuant to AB 361 as long as the Governor's State of Emergency order is in place, which the Governor announced will end on February 28, 2023. As this is currently how meetings are conducted, nothing further is needed outside of the Board of Directors being required to continue to adopt a resolution every 30 days to continue using the relaxed Brown Act teleconferencing requirements. This option allows full access to the public for participation in meetings of the OC San Board of Directors whether they want to attend in person or remotely. Option #2: Hybrid meetings This option would allow some Board Members to participate virtually in meetings and others to attend in person. This option will continue to be available pursuant to AB 361 as long as the Governor's State of Emergency order is in place, which the Governor announced will end on February 28, 2023. This format presents challenges as attendance varies by meeting, meaning that Alternate Directors may participate; both Directors and Alternate Directors may be absent, most often with no advance notification to staff; among other scenarios. Implementing this format may require some sort of reservation system and adherence to it. Staff has ensured that the technology is in place to accommodate this format, but technical difficulties may arise in transitioning to this format. The Board of Directors would continue to be required to adopt a resolution every 30 days to continue using the relaxed Brown Act teleconferencing requirements. This option allows full access to the Orange County Sanitation District Page 3 of 6 Printed on 10/18/2022 powered by LegistarTM File #: 2022-2564 Agenda Date: 10/26/2022 Agenda Item No: 2. public for participation in meetings of the OC San Board of Directors whether they want to attend in person or remotely. Option #3: In -person meetings This option would return meetings to the in -person format as they were prior to the COVID-19 pandemic. Staff would take all precautions to safeguard the health and welfare of Board Members and staff in returning to this format. This option allows access to the public for participation in meetings of the OC San Board of Directors only if they are able to attend in person. TIMING CONCERNS To continue in the remote meeting format, if the Resolution is not adopted, Board of Directors and Committee meetings will be required to meet in person pursuant to Government Code §§54950 et seq. PRIOR COMMITTEE/BOARD ACTIONS September 28, 2022 - Adopted Resolution No. OC SAN 22-32 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"and requested that a discussion of the format of how meetings are conducted be agendized. September 14, 2022 - Adopted Resolution No. OC SAN 22-26 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". August 24, 2022 - Adopted Resolution No. OC SAN 22-24 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". July 27, 2022 - Adopted Resolution No. OC SAN 22-21 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". July 13, 2022 - Adopted Resolution No. OC SAN 22-20 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". June 22, 2022 - Adopted Resolution No. OC SAN 22-19 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". May 25, 2022 - Adopted Resolution No. OC SAN 22-14 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". Orange County Sanitation District Page 4 of 6 Printed on 10/18/2022 powered by LegistarTM File #: 2022-2564 Agenda Date: 10/26/2022 Agenda Item No: 2. April 27, 2022 - Adopted Resolution No. OC SAN 22-13 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". April 13, 2022 - Adopted Resolution No. OC SAN 22-12 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". March 23, 2022 - Adopted Resolution No. OC SAN 22-11 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". February 23, 2022 - Adopted Resolution No. OC SAN 22-08 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". January 26, 2022 - Adopted 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". January 12, 2022 - Adopted 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". 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 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 To continue in the remote meeting format, 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). Orange County Sanitation District Page 5 of 6 Printed on 10/18/2022 powered by LegistarTM File #: 2022-2564 CEQA N/A Ia10/_1►INF-11wore] ►&IIQ 1:7_111If]ki K N/A Agenda Date: 10/26/2022 Agenda Item No: 2. 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 22-33 Orange County Sanitation District Page 6 of 6 Printed on 10/18/2022 powered by LegistarTM RESOLUTION NO. OC SAN 22-33 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 its variants, and the State of Emergency remains in effect; and WHEREAS, based on the threat of COVID-19 and its variants, the County of Orange recommends measures to promote social distancing for vulnerable populations; and WHEREAS, in -person meetings of the Orange County Sanitation District's Governing Board and Committees involve relatively large numbers of attendees, as the Board has 25 members and OC San has a large staff; and WHEREAS, the room in which Board and Committee meetings take place is not large enough to easily accommodate social distancing given the number of Board Members and staff that regularly attend; and WHEREAS, while effective COVID-19 vaccines are widely available, many Orange County residents have not been vaccinated; and WHEREAS, some individuals who contract COVID-19 and its variants 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 its variants; and WHEREAS, sustained COVID-19 and its variants community transmission continues to occur; and OC SAN 22-33-1 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 its variants; and WHEREAS, younger and otherwise healthy people are also at risk for serious health problems and may transmit COVID-19 and its variants to others; and 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. OC SAN 22-33-2 PASSED AND ADOPTED at a Regular meeting of the Board of Directors held October 26, 2022. Chad P. Wanke Board Chairman ATTEST: Kelly A. Lore, MMC Clerk of the Board APPROVED AS TO FORM: Bradley R. Hogin General Counsel OC SAN 22-33-3 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 22-33 was passed and adopted at a Regular meeting of said Board on the 26th day of October 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 26th day of October 2022. Kelly A. Lore, MMC Clerk of the Board of Directors Orange County Sanitation District OC SAN 22-33-4 "� SAN ORANGE COUNTY SANITATION DISTRICT File #: 2022-2541 STEERING COMMITTEE Agenda Report Agenda Date: 10/26/2022 FROM: James D. Herberg, General Manager SUBJECT: Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714)593-7433 Agenda Item No: 3. REVISED POLICY REGARDING BOARD OF DIRECTORS' EXPENSE REIMBURSEMENT, MEETING ATTENDANCE AND COMPENSATION GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Recommend to the Board of Directors to: Adopt Resolution No. OC SAN 22-34 entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District Adopting a Revised Policy Regarding Board of Directors' Expense Reimbursement, Meeting Attendance and Compensation; and Repealing Resolution No. OCSD 18- 20". BACKGROUND At the request of the Board Chairman, this Resolution is being updated to include the addition of compensable meetings conducted between the Board Chairman and other Board Members where business of the Orange County Sanitation District (OC San) is being discussed. In addition, the revised policy requires Board Members to submit a list of meetings attended, including a description of the purpose for each meeting and the date, time, and location of the meeting. The Resolution is also being updated with housekeeping changes to reflect the organizational name change from "OCSD" and "District" to OC San. RELEVANT STANDARDS • California Government Code Section 54950 et seq. • Comply with transparency and communication requirements, including the Brown Act 1=161 3114►vil OC San's current policy allows for paid compensation when a Board Member meets to discuss the business of OC San with a member of OC San staff, but does not provide clarity and guidance for the allowance of compensation when a Board Member meets with the Board Chairperson for the same purpose. Staff recommends adopting a new policy to ensure there is clear, consistent policy guidance that complies with all applicable laws and regulations. Orange County Sanitation District Page 1 of 2 Printed on 10/18/2022 powered by LegistarTM File #: 2022-2541 PROPOSED SOLUTION Agenda Date: 10/26/2022 Agenda Item No: 3. Adopt the updated Resolution to provide policy direction for staff and the Board of Directors to administer compensation approvals for Board Member meeting attendance. PRIOR COMMITTEE/BOARD ACTIONS November 2018 - Adopted Resolution No. OCSD 18-20 entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District Adopting a Revised Policy Regarding Board of Directors' Expense Reimbursement, Meeting Attendance and Compensation; and Repealing Resolution No. OCSD 15-06". 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 22-34 - Draft (Redlined) • Resolution No. OC SAN 22-34 (Clean) Orange County Sanitation District Page 2 of 2 Printed on 10/18/2022 powered by LegistarTM RESOLUTION NO. OC SAN 22-34 A RESOLUTION OF THE BOARD OF DIRECTORS OF ORANGE COUNTY SANITATION DISTRICT ADOPTING A REVISED POLICY REGARDING BOARD OF DIRECTORS' EXPENSE REIMBURSEMENT, MEETING ATTENDANCE AND COMPENSATION; AND REPEALING RESOLUTION NO. OCSD 18-20 WHEREAS, pursuant to Government Code section 53232.2, the Board of Directors adopted a written policy governing compensable activities and reimbursable expenses for travel, meals, lodging, and incidentals; and WHEREAS, the Board of Directors desires to revise the policy; NOW, THEREFORE, the Board of Directors of Orange County Sanitation District, DOES HEREBY RESOLVE, DETERMINE AND ORDER: Section 1: Adoption of Policy and Establishment of Procedures. The Board of Directors hereby adopts the Directors Compensation and Expense Reimbursement Policy, set forth as Exhibit "A", attached hereto and incorporated herein by reference. Section 2: Rescission of Inconsistent Resolutions and Policies. Resolution No. OCSD 18-20 is hereby repealed. In addition, any prior resolutions and/or policies established by the Board of Directors that conflict with the policy set forth in Exhibit "A" shall be deemed rescinded to the extent of such conflict. PASSED AND ADOPTED at a regular meeting of the Board of Directors held 26t" day of October 2022. Chad P. Wanke Board Chairman APPROVED AS TO FORM: Bradley R. Hogin General Counsel OC SAN 22-34-1 ATTEST: Kelly A. Lore, MMC Clerk of the Board OC SAN 22-34-2 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 22-34 was passed and adopted at a regular meeting of said Board on the 26th day of October 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 26th day of October 2022. Kelly A. Lore, MMC Clerk of the Board of Directors Orange County Sanitation District OC SAN 22-34-3 EXHIBIT "A" ORANGE COUNTY SANITATION DISTRICT BOARD OF DIRECTORS' COMPENSATION AND EXPENSE REIMBURSEMENT POLICY This Policy governs compensation and reimbursement of expenses for members of the Orange County Sanitation District's (OC San) Board of Directors. The Policy applies to both regular members of the Board and alternate members. ARTICLE I. DIRECTORS' COMPENSATION Pursuant to an ordinance adopted by the Board of Directors, DistriGt OC San is authorized to compensate Board members in a specified amount for (1) attending each meeting of the Board of Directors, and (2) otherwise providing a day of service to the DiStriGOC San. The ordinance limits compensation to a specified maximum number of days per month. The Board of Directors may, from time to time, amend the ordinance to change the amount of compensation and/or the maximum number of compensable days per month. As required by state law, ' this Article identifies those activities that are compensable. Section 1: Compensable Activities. A. Meetings. Each regular Director shall be entitled to compensation for attendance at (1) each meeting of the Board of Directors; (2) each meeting of the Standing Committee on which the Director serves; (3) each meeting of an Ad Hoc Committee to which the Director has been duly appointed; and (4) each meeting of any joint governmental board, committee, or association to which the Director has been appointed as theD;s;rictOC San's representative. Each alternate Director shall be entitled to compensation for attendance at a meeting when, and only when, the alternate Director attends the meeting in place of the regular Director. B. Required Training. Each Director shall be entitled to compensation for attendance at the ethics training required by Government Code Section 53235 and the sexual harassment training and education required by Government Code Section 12950.1. C. Other Activities. The Chairperson of the Board of Directors may, on a case - by -case basis, authorize compensation of individual Directors for participating in the following types of activities: (1) meetings with representatives of local, regional, state, or national government on issues affecting the- OC SanD+StriG ; (2) meetings, conferences, and seminars sponsored by the California Association of Sanitation Agencies or the Health & Safety Code section 4733(c) and Government Code section 53232 et seq OC SAN 22-34-3 California Special Districts Association; (3) ceremonial events sponsored by OC Santhe DistriGt; (4) ceremonial events sponsored by another organization if the Board Chairperson has authorized the Director to represent the DistTGt.00 San at the event; (5) meetings of a Standing Committee or Ad Hoc Committee when the Director is not a committee member; (6) meetings of agencies, nonprofit organizations, or service clubs when the Board Chairperson has authorized the Director to make a presentation on behalf of OC San; and (7) meetings with OC SanD+stricstaff or the Chairperson of the Board, including telephone conferences when physical attendance is impractical._ In addition, the Steering Committee may, on a case -by -case basis, authorize compensation of individual Directors for attending meetings, conferences, or seminars relating to wastewater, local government, and/or other matters within the Board's jurisdiction. D. Considerations. The Board Chairperson and/or the Steering Committee shall approve compensation under Section C above only for activities that provides a benefit to the D;StriGOC San. Benefits ,RGl de, butinclude but are not ReGessarily limited to, the acquisition of information, education, training, and skills that will further the D+striGOC San's ability to protect public health and the environment by providing effective wastewater collection, treatment, and recycling. Other benefits include positive changes to federal and state statutes and regulations that govern the DiStriG OC San, and maintenance of positive relations with the public and other governmental agencies. In addition, a list of meetings attended, by each Director, must be provided to the Clerk of the Board no later than the 3rtl day of the following month of which meetings occurred. Each submittal should include a description of the purpose for the meeting; and the date. time, and location of meetina. Section 2: Limitation. In no event shall a Director receive compensation for more than one meeting or other activity on the same day. Section 3: Non-Comaensable Activities. Notwithstanding Section 1 above, Board members shall not receive compensation for the following activities: (1) attendance at meetings or events of nonprofit organizations or service clubs, except when the Board Chairperson has authorized the Director to make a presentation on behalf of theSt,TGtOC San as described in Section 1.1.C. above; (2) D+str+EOC San -sponsored employee events including, but not limited to, the annual employee holiday luncheon and retirement events; (3) parades, festivals, holiday events, or retirement dinners; (4) meetings with existing or potential contractors, vendors, or consultants; (5) meetings of partisan political organizations; (6) meetings, tours, and similar events conducted at the request of the Board member; or (7) any activity not described in Section 1.C. above. OC SAN 22-34-4 ARTICLE II. REIMBURSEMENT OF DIRECTORS' EXPENSES Section 1: Approved Activities. In accordance with the terms of this Policy, the GtOC San will reimburse Directors for certain expenses incurred in connection with the compensable activities described above in Article I. The D;StriGOC San will not reimburse Directors for any other expenses. Section 2: Reimbursable Expenses. A. Transportation. In travelling to and from events, Directors must use the most economical form of transportation that is reasonably consistent with the Director's travel and scheduling requirements. Mileage for Personal Vehicles. ThoGtOC San will reimburse Directors for use of personal vehicles based on actual miles traveled at the then -current "standard mileage rate" adopted by the U.S. Internal Revenue Service for use in deducting the cost of operating an automobile for business purposes. The DistricQQ San will not reimburse Directors for any other personal vehicle expenses. When calculating mileage traveled by a Director to attend an event, tham-Distr;GOC San will use the lesser of (1) the distance from the administrative headquarters of the Director's member agency to the event, and (2) the actual distance traveled. Mileage reimbursements shall not exceed the cost of the lowest available airfare. Other Transportation Expenses. When travel by personal vehicle is impractical, theam D;striGOC San will reimburse Directors for the actual cost of (1) regularly -scheduled travel by airplane, train, bus, or other commercial carrier, (2) rental cars, and (3) taxis and other comparably -priced for - hire vehicles. The DiStFiGtOG' San will also reimburse Directors for related necessary travel expenses such as baggage fees, toll charges, and parking fees. Directors must take advantage of any government or group rates offered by a transportation provider. Before deciding to travel by air, each Director must consider the total cost of alternatives, including the cost of ground transportation and any necessary lodging. Each Director should also consider alternative departure times, departure and arrival airports, dates, departure times, and stopovers to minimize airfare. Directors should request travel arrangements as early as possible to take advantage of lower airfares. Generally, the DiStriG OC San will only reimburse Directors for air travel in coach OC SAN 22-34-5 class. When necessary based on a Director's physical needs and/or the need to conduct meaningful work during a flight, the Board Chairperson has the discretion to approve reimbursement of first class air travel. For trips that will exceed 24 hours, Directors must use their personal cars to travel to and from the airport, and utilize long-term airport parking, rather than pay for a taxi or other transportation to and from the airport. B. Lodging. The D;str;c4OC San will reimburse Directors for actual and necessary lodging expenses incurred in attending a conference, seminar, or meeting. Directors must take advantage of any government rate or group rate for lodging whenever possible. If there is no government or group rate, the DistriG OC San will reimburse Directors for lodging up to the per diem rate used by the U.S. Internal Revenue Service as the maximum allowable deduction for business -related lodging expenses. The per diem rates are set by the General Service Administration ("GSA") for federal employees. The rates are set forth at GSA.gov/per diem. Lodging in connection with an activity that lasts only one day is considered "necessary" when the travel time to and from the activity exceeds two hours. C. Meals. The D;str;catOC San will reimburse Directors for actual and necessary dining expenses incurred while attending (1) a conference, seminar, or meeting outside of the DiStFiG OC San, or (2) an D OC San -related business meeting within the�GOC San. Thrn-tOC San will reimburse Directors up to the applicable GSA per diem rate for each separate meal set forth at GSA.gov/per diem. D. Incidentals. The D;str;c-+OC San will reimburse Directors for actual and necessary incidental expenses incurred while attending a conference, seminar, or meeting outside the DiStFOGOC San, up to the applicable GSA per diem rate set forth at GSA.gov/per diem. Reimbursable expenses include tips given to drivers, porters, bellhops, baggage carriers, and hotel housekeepers. E. Travel Arrangements. Each Director must utilize n'�OC San staff to arrange all travel, lodging, and event registrations. The General Manager shall designate an n'�OC San employee responsible for making these arrangements. The General Manager shall designate a single travel agency for use in making all travel arrangements. Section 3: Expenses That Are Not Reimbursable. TheGtOC San will not reimburse Directors for the costs of: (1) barber and/or beauty shop services; (2) fines for traffic or parking violations; (3) any person OC SAN 22-34-6 accompanying a Director on an DiStriGOC San -approved trip or event; (4) personal telephone calls; (5) fitness/health facility use; (6) massages; (7) alcoholic beverages; (8) entertainment (movies, sporting events, etc.); or (9) vehicle expenses other than the standard mileage charge. Section 4: Reimbursement Procedure. Each Director seeking reimbursement must file with the Clerk of the Board an expense report no later than three weeks after the conclusion of the compensable activity. The report shall attach detailed, actual receipts for all expenses. The report shall document that each expense meets the requirements for reimbursement set forth in this policy. Without limiting the foregoing, each report shall identify the compensable activity and the date, nature, and purpose of each expense for which reimbursement is sought. For reimbursement of a personal vehicle expense at the standard mileage rate, the expense report shall identify the date of the travel, the actual miles traveled, and the business purpose of the travel. The General Manager shall prepare a standard form of expense report for use by Directors in seeking reimbursement. Section 5: Board Reports. Each Director seeking reimbursement of expenses incurred in connection with an activity shall provide a brief report of the activity at the next regular meeting of the Board of Directors. Section 6: Other Expenses. Any expense that does not meet the requirements of this policy may be reimbursed only if the Board of Directors approves the expense at a public meeting before the expense is incurred. ARTICLE III. PENALTIES. Any Director that misuses public resources or falsifies an expense report required by this policy is subject to the following penalties: (1) loss of reimbursement privileges; (2) restitution of the Distric OC San; (3) civil penalties for misuse of public resources pursuant to Government Code Section 8314; and/or (4) prosecution for misuse of public resources pursuant to Penal Code Section 424. OC SAN 22-34-7 RESOLUTION NO. OC SAN 22-34 A RESOLUTION OF THE BOARD OF DIRECTORS OF ORANGE COUNTY SANITATION DISTRICT ADOPTING A REVISED POLICY REGARDING BOARD OF DIRECTORS' EXPENSE REIMBURSEMENT, MEETING ATTENDANCE AND COMPENSATION; AND REPEALING RESOLUTION NO. OCSD 18-20 WHEREAS, pursuant to Government Code section 53232.2, the Board of Directors adopted a written policy governing compensable activities and reimbursable expenses for travel, meals, lodging, and incidentals; and WHEREAS, the Board of Directors desires to revise the policy; NOW, THEREFORE, the Board of Directors of Orange County Sanitation District, DOES HEREBY RESOLVE, DETERMINE AND ORDER: Section 1: Adoption of Policy and Establishment of Procedures. The Board of Directors hereby adopts the Directors Compensation and Expense Reimbursement Policy, set forth as Exhibit "A", attached hereto and incorporated herein by reference. Section 2: Rescission of Inconsistent Resolutions and Policies. Resolution No. OCSD 18-20 is hereby repealed. In addition, any prior resolutions and/or policies established by the Board of Directors that conflict with the policy set forth in Exhibit "A" shall be deemed rescinded to the extent of such conflict. PASSED AND ADOPTED at a regular meeting of the Board of Directors held 26t" day of October 2022. Chad P. Wanke Board Chairman APPROVED AS TO FORM: Bradley R. Hogin General Counsel OC SAN 22-34-1 ATTEST: Kelly A. Lore, MMC Clerk of the Board OC SAN 22-34-2 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 22-34 was passed and adopted at a regular meeting of said Board on the 26th day of October 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 26t" day of October 2022. Kelly A. Lore, MMC Clerk of the Board of Directors Orange County Sanitation District OC SAN 22-34-3 EXHIBIT "A" ORANGE COUNTY SANITATION DISTRICT BOARD OF DIRECTORS' COMPENSATION AND EXPENSE REIMBURSEMENT POLICY This Policy governs compensation and reimbursement of expenses for members of the Orange County Sanitation District's (OC San) Board of Directors. The Policy applies to both regular members of the Board and alternate members. ARTICLE I. DIRECTORS' COMPENSATION Pursuant to an ordinance adopted by the Board of Directors, OC San is authorized to compensate Board members in a specified amount for (1) attending each meeting of the Board of Directors, and (2) otherwise providing a day of service to OC San. The ordinance limits compensation to a specified maximum number of days per month. The Board of Directors may, from time to time, amend the ordinance to change the amount of compensation and/or the maximum number of compensable days per month. As required by state law, 1 this Article identifies those activities that are compensable. Section 1: Compensable Activities. A. Meetings. Each regular Director shall be entitled to compensation for attendance at (1) each meeting of the Board of Directors; (2) each meeting of the Standing Committee on which the Director serves; (3) each meeting of an Ad Hoc Committee to which the Director has been duly appointed; and (4) each meeting of any joint governmental board, committee, or association to which the Director has been appointed as OC San's representative. Each alternate Director shall be entitled to compensation for attendance at a meeting when, and only when, the alternate Director attends the meeting in place of the regular Director. B. Required Training. Each Director shall be entitled to compensation for attendance at the ethics training required by Government Code Section 53235 and the sexual harassment training and education required by Government Code Section 12950.1. C. Other Activities. The Chairperson of the Board of Directors may, on a case - by -case basis, authorize compensation of individual Directors for participating in the following types of activities: (1) meetings with representatives of local, regional, state, or national government on issues affecting OC San; (2) meetings, conferences, and seminars sponsored by the California Association of Sanitation Agencies or the California Special Districts Association; (3) ceremonial events sponsored by OC San; (4) Health & Safety Code section 4733(c) and Government Code section 53232 et seq OC SAN 22-34-4 ceremonial events sponsored by another organization if the Board Chairperson has authorized the Director to represent OC San at the event; (5) meetings of a Standing Committee or Ad Hoc Committee when the Director is not a committee member; (6) meetings of agencies, nonprofit organizations, or service clubs when the Board Chairperson has authorized the Director to make a presentation on behalf of OC San; and (7) meetings with OC San staff or the Chairperson of the Board, including telephone conferences when physical attendance is impractical. In addition, the Steering Committee may, on a case -by -case basis, authorize compensation of individual Directors for attending meetings, conferences, or seminars relating to wastewater, local government, and/or other matters within the Board's jurisdiction. D. Considerations. The Board Chairperson and/or the Steering Committee shall approve compensation under Section C above only for activities that provides a benefit to OC San. Benefits include but are not limited to, the acquisition of information, education, training, and skills that will further OC San's ability to protect public health and the environment by providing effective wastewater collection, treatment, and recycling. Other benefits include positive changes to federal and state statutes and regulations that govern OC San, and maintenance of positive relations with the public and other governmental agencies. In addition, a list of meetings attended, by each Director, must be provided to the Clerk of the Board no later than the 3rd day of the following month of which meetings occurred. Each submittal should include a description of the purpose for the meeting; and the date, time, and location of meeting. Section 2: Limitation. In no event shall a Director receive compensation for more than one meeting or other activity on the same day. Section 3: Non-Compensable Activities. Notwithstanding Section 1 above, Board members shall not receive compensation for the following activities: (1) attendance at meetings or events of nonprofit organizations or service clubs, except when the Board Chairperson has authorized the Director to make a presentation on behalf of OC San as described in Section 1.1.C. above; (2) OC San - sponsored employee events including, but not limited to, the annual employee holiday luncheon and retirement events; (3) parades, festivals, holiday events, or retirement dinners; (4) meetings with existing or potential contractors, vendors, or consultants; (5) meetings of partisan political organizations; (6) meetings, tours, and similar events conducted at the request of the Board member; or (7) any activity not described in Section 1.C. above. OC SAN 22-34-5 ARTICLE II. REIMBURSEMENT OF DIRECTORS' EXPENSES Section 1: Approved Activities. In accordance with the terms of this Policy, OC San will reimburse Directors for certain expenses incurred in connection with the compensable activities described above in Article I. OC San will not reimburse Directors for any other expenses. Section 2: Reimbursable Expenses. A. Transportation. In travelling to and from events, Directors must use the most economical form of transportation that is reasonably consistent with the Director's travel and scheduling requirements. Mileage for Personal Vehicles. OC San will reimburse Directors for use of personal vehicles based on actual miles traveled at the then -current "standard mileage rate" adopted by the U.S. Internal Revenue Service for use in deducting the cost of operating an automobile for business purposes. OC San will not reimburse Directors for any other personal vehicle expenses. When calculating mileage traveled by a Director to attend an event, OC San will use the lesser of (1) the distance from the administrative headquarters of the Director's member agency to the event, and (2) the actual distance traveled. Mileage reimbursements shall not exceed the cost of the lowest available airfare. ii. Other Transportation Expenses. When travel by personal vehicle is impractical, OC San will reimburse Directors for the actual cost of (1) regularly -scheduled travel by airplane, train, bus, or other commercial carrier, (2) rental cars, and (3) taxis and other comparably -priced for -hire vehicles. OC San will also reimburse Directors for related necessary travel expenses such as baggage fees, toll charges, and parking fees. Directors must take advantage of any government or group rates offered by a transportation provider. Before deciding to travel by air, each Director must consider the total cost of alternatives, including the cost of ground transportation and any necessary lodging. Each Director should also consider alternative departure times, departure and arrival airports, dates, departure times, and stopovers to minimize airfare. Directors should request travel arrangements as early as possible to take advantage of lower airfares. Generally, OC San will only reimburse Directors for air travel in coach class. When necessary based on a Director's physical needs and/or the need to conduct meaningful work during a flight, the Board Chairperson has the discretion to approve reimbursement of first class air travel. For trips that will exceed 24 hours, Directors must use their OC SAN 22-34-6 personal cars to travel to and from the airport, and utilize long-term airport parking, rather than pay for a taxi or other transportation to and from the airport. B. Lodging. OC San will reimburse Directors for actual and necessary lodging expenses incurred in attending a conference, seminar, or meeting. Directors must take advantage of any government rate or group rate for lodging whenever possible. If there is no government or group rate, OC San will reimburse Directors for lodging up to the per diem rate used by the U.S. Internal Revenue Service as the maximum allowable deduction for business -related lodging expenses. The per diem rates are set by the General Service Administration ("GSA") for federal employees. The rates are set forth at GSA.gov/per diem. Lodging in connection with an activity that lasts only one day is considered "necessary" when the travel time to and from the activity exceeds two hours. C. Meals. OC San will reimburse Directors for actual and necessary dining expenses incurred while attending (1) a conference, seminar, or meeting outside of OC San, or (2) an OC San -related business meeting within OC San. OC San will reimburse Directors up to the applicable GSA per diem rate for each separate meal set forth at.GSA.gov/per diem. D. Incidentals. OC San will reimburse Directors for actual and necessary incidental expenses incurred while attending a conference, seminar, or meeting outside OC San, up to the applicable GSA per diem rate set forth at GSA.gov/per diem. Reimbursable expenses include tips given to drivers, porters, bellhops, baggage carriers, and hotel housekeepers. E. Travel Arrangements. Each Director must utilize OC San staff to arrange all travel, lodging, and event registrations. The General Manager shall designate an OC San employee responsible for making these arrangements. The General Manager shall designate a single travel agency for use in making all travel arrangements. Section 3: Expenses That Are Not Reimbursable. OC San will not reimburse Directors for the costs of: (1) barber and/or beauty shop services; (2) fines for traffic or parking violations; (3) any person accompanying a Director on an OC San -approved trip or event; (4) personal telephone calls; (5) fitness/health facility use; (6) massages; (7) alcoholic beverages; (8) entertainment (movies, sporting events, etc.); or (9) vehicle expenses other than the standard mileage charge. OC SAN 22-34-7 Section 4: Reimbursement Procedure. Each Director seeking reimbursement must file with the Clerk of the Board an expense report no later than three weeks after the conclusion of the compensable activity. The report shall attach detailed, actual receipts for all expenses. The report shall document that each expense meets the requirements for reimbursement set forth in this policy. Without limiting the foregoing, each report shall identify the compensable activity and the date, nature, and purpose of each expense for which reimbursement is sought. For reimbursement of a personal vehicle expense at the standard mileage rate, the expense report shall identify the date of the travel, the actual miles traveled, and the business purpose of the travel. The General Manager shall prepare a standard form of expense report for use by Directors in seeking reimbursement. Section 5: Board Reports. Each Director seeking reimbursement of expenses incurred in connection with an activity shall provide a brief report of the activity at the next regular meeting of the Board of Directors. Section 6: Other Expenses. Any expense that does not meet the requirements of this policy may be reimbursed only if the Board of Directors approves the expense at a public meeting before the expense is incurred. ARTICLE III. PENALTIES. Any Director that misuses public resources or falsifies an expense report required by this policy is subject to the following penalties: (1) loss of reimbursement privileges; (2) restitution of OC San; (3) civil penalties for misuse of public resources pursuant to Government Code Section 8314; and/or (4) prosecution for misuse of public resources pursuant to Penal Code Section 424. OC SAN 22-34-8 ACWA APWA AQMD ASCE BOD CARB CASA ORANGE COUNTY SANITATION DISTRICT COMMON ACRONYMS Association of California LOS Water Agencies American Public Works MGD Association Air Quality Management District MOU American Society of Civil NACWA Engineers Biochemical Oxygen Demand NEPA California Air Resources Board NGOs California Association of Sanitation Agencies NPDES CCTV Closed Circuit Television I NWRI California Environmental CEQA Quality Act O & M Capital Improvement CIP Program OCCOG California Regional Water CRWQCB Quality Control Board OCHCA CWA Clean Water Act OCSD California Water Environment CWEA Association OCWD EIR Environmental Impact Report OOBS EMT Executive Management Team I OSHA EPA US Environmental Protection I PCSA Agency FOG Fats, Oils, and Grease I PDSA gpd gallons per day PFAS GWRS Groundwater Replenishment PFOA System ICS Incident Command System PFOS IERP Integrated Emergency POTW Response Plan JPA Joint Powers Authority Ippm LAFCO Local Agency Formation I PSA Commission Level Of Service RFP Request For Proposal Million Gallons Per Day RWQC Re Tonal Water Qualit Memorandum of SARFP Understanding National Association of Clean SARI Water Agencies National Environmental Policy SARW Act Non -Governmental SAWP Organizations National Pollutant Discharge SCADA Elimination System B g y Control Board A Santa Ana River Flood Protection Agency Santa Ana River Interceptor Santa Ana Regional Water QCB Quality Control Board A Santa Ana Watershed Project Authority Supervisory Control And Data Acquisition National Water Research Southern California Institute SCAP Alliance of Publicly Owned Treatment Works Operations & Maintenance SCA South Coast Air Qualit Orange County Council of SOC Governments Orange County Health Care SRF Agency Orange County Sanitation SSM District Orange County Water District ISSO QMD y Management District WA South Orange County Wastewater Authority Clean Water State Revolving Fund P Sewer System Management Plan Sanitary Sewer Overflow Ocean Outfall Booster Station 1SWRCState Water Resources B Occupational Safety and TDS Health Administration Professional Consultant/Construction TMDL Services Agreement Professional Design Services TSS Agreement Per- and Polyfluoroalkyl Substances WDR Perfluorooctanoic Acid IWEF Perfluorooctanesulfonic Acid WERF Publicly Owned Treatment WIFIA Works parts per million 1WIIN Professional Services I WRDA Agreement Control Board Total Dissolved Solids Total Maximum Daily Load Total Suspended Solids Waste Discharge Requirements Water Environment Federation Water Environment & Reuse Foundation Water Infrastructure Finance and Innovation Act Water Infrastructure Improvements for the Nation Act Water Resources Development Act ORANGE COUNTY SANITATION DISTRICT GLOSSARY OF TERMS ACTIVATED SLUDGE PROCESS — A secondary biological wastewater treatment process where bacteria reproduce at a high rate with the introduction of excess air or oxygen and consume dissolved nutrients in the wastewater. BENTHOS — The community of organisms, such as sea stars, worms, and shrimp, which live on, in, or near the seabed, also known as the benthic zone. BIOCHEMICAL OXYGEN DEMAND (BOD) — The amount of oxygen used when organic matter undergoes decomposition by microorganisms. Testing for BOD is done to assess the amount of organic matter in water. BIOGAS — A gas that is produced by the action of anaerobic bacteria on organic waste matter in a digester tank that can be used as a fuel. BIOSOLIDS — Biosolids are nutrient rich organic and highly treated solid materials produced by the wastewater treatment process. This high -quality product can be recycled as a soil amendment on farmland or further processed as an earth -like product for commercial and home gardens to improve and maintain fertile soil and stimulate plant growth. CAPITAL IMPROVEMENT PROGRAM (CIP) — Projects for repair, rehabilitation, and replacement of assets. Also includes treatment improvements, additional capacity, and projects for the support facilities. COLIFORM BACTERIA — A group of bacteria found in the intestines of humans and other animals, but also occasionally found elsewhere, used as indicators of sewage pollution. E. coli are the most common bacteria in wastewater. COLLECTIONS SYSTEM — In wastewater, it is the system of typically underground pipes that receive and convey sanitary wastewater or storm water. CERTIFICATE OF PARTICIPATION (COP) — A type of financing where an investor purchases a share of the lease revenues of a program rather than the bond being secured by those revenues. CONTAMINANTS OF POTENTIAL CONCERN (CPC) — Pharmaceuticals, hormones, and other organic wastewater contaminants. DILUTION TO THRESHOLD (D/T) — The dilution at which the majority of people detect the odor becomes the D/T for that air sample. GREENHOUSE GASES (GHG) — In the order of relative abundance water vapor, carbon dioxide, methane, nitrous oxide, and ozone gases that are considered the cause of global warming ("greenhouse effect"). GROUNDWATER REPLENISHMENT SYSTEM (GWRS) — Ajoint water reclamation project that proactively responds to Southern California's current and future water needs. This joint project between the Orange County Water District and OCSD provides 70 million gallons per day of drinking quality water to replenish the local groundwater supply. LEVEL OF SERVICE (LOS) — Goals to support environmental and public expectations for performance. N-NITROSODIMETHYLAMINE (NDMA) — A N-nitrosamine suspected cancer -causing agent. It has been found in the GWRS process and is eliminated using hydrogen peroxide with extra ultra -violet treatment. NATIONAL BIOSOLIDS PARTNERSHIP (NBP) —An alliance of the NACWA and WEF, with advisory support from the EPA. NBP is committed to developing and advancing environmentally sound and sustainable biosolids management practices that go beyond regulatory compliance and promote public participation to enhance the credibility of local agency biosolids programs and improved communications that lead to public acceptance. PER- AND POLYFLUOROALKYL SUBSTANCES (PFAS) — A large group (over 6,000) of human -made compounds that are resistant to heat, water, and oil and used for a variety of applications including firefighting foam, stain and water-resistant clothing, cosmetics, and food packaging. Two PFAS compounds, perfluorooctanesulfonic acid (PFOS) and perfluorooctanoic acid (PFOA) have been the focus of increasing regulatory scrutiny in drinking water and may result in adverse health effects including developmental effects to fetuses during pregnancy, cancer, liver damage, immunosuppression, thyroid effects, and other effects. PERFLUOROOCTANOIC ACID (PFOA) — An ingredient for several industrial applications including carpeting, upholstery, apparel, floor wax, textiles, sealants, food packaging, and cookware (Teflon). PERFLUOROOCTANESULFONIC ACID (PFOS) — A key ingredient in Scotchgard, a fabric protector made by 3M, and used in numerous stain repellents. PLUME — A visible or measurable concentration of discharge from a stationary source or fixed facility. PUBLICLY OWNED TREATMENT WORKS (POTW) — A municipal wastewater treatment plant. SANTA ANA RIVER INTERCEPTOR (SARI) LINE — A regional brine line designed to convey 30 million gallons per day of non - reclaimable wastewater from the upper Santa Ana River basin to the ocean for disposal, after treatment. SANITARY SEWER — Separate sewer systems specifically for the carrying of domestic and industrial wastewater. SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT (SCAQMD) — Regional regulatory agency that develops plans and regulations designed to achieve public health standards by reducing emissions from business and industry. SECONDARY TREATMENT — Biological wastewater treatment, particularly the activated sludge process, where bacteria and other microorganisms consume dissolved nutrients in wastewater. SLUDGE — Untreated solid material created by the treatment of wastewater. TOTAL SUSPENDED SOLIDS (TSS) — The amount of solids floating and in suspension in wastewater. ORANGE COUNTY SANITATION DISTRICT GLOSSARY OF TERMS TRICKLING FILTER — A biological secondary treatment process in which bacteria and other microorganisms, growing as slime on the surface of rocks or plastic media, consume nutrients in wastewater as it trickles over them. URBAN RUNOFF — Water from city streets and domestic properties that carry pollutants into the storm drains, rivers, lakes, and oceans. WASTEWATER — Any water that enters the sanitary sewer. WATERSHED — A land area from which water drains to a particular water body. OCSD's service area is in the Santa Ana River Watershed.