HomeMy WebLinkAbout01-25-2023 Steering Committee MinutesOrange County Sanitation District
Minutes for the
STEERING COMMITTEE
Wednesday, January 25, 2023
4:00 PM
Conference Room A
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
SPECIAL MEETING - EARLY START TIME
CALL TO ORDER
A Special meeting of the Steering Committee of the Orange County Sanitation District was
called to order by Board Chairman Chad Wanke on Wednesday, January 25, 2023 at 4:00
p.m. Chair Wanke stated the meeting was being held in person, telephonically, and via
internet accessibility.
ROLL CALL AND DECLARATION OF QUORUM:
The Clerk of the Board declared a quorum present as follows:
PRESENT:Chad Wanke, Ryan Gallagher, Marshall Goodman, Christine Marick,
Sandra Massa-Lavitt and John Withers
ABSENT:None
STAFF PRESENT: Jim Herberg, General Manager; Rob Thompson, Assistant General
Manager; Lorenzo Tyner, Assistant General Manager; Kelly Lore, Clerk of the Board; Mo
Abiodun; Mortimer Caparas; and Thomas Vu were present in the Board Room. Celia
Chandler, Director of Human Resources; Kathy Millea, Director of Engineering; Riaz
Moinuddin, Director of Operations and Maintenance; Lan Wiborg, Director of Environmental
Services; Andrew Brown; Jennifer Cabral; Jackie Castro; Tanya Chong; Daisy Covarrubias;
Raul Cuellar; Justin Fenton; Tina Knapp; Rebecca Long; Laura Maravilla; Rob Michaels;
Shallee Milligan; Kelly Newell; Valerie Ratto; Wally Ritchie; Thomas Vu; Eros Yong; and Ruth
Zintzun were present telephonically.
OTHERS PRESENT: Brad Hogin, General Counsel, was present in the Board Room. Cori
Takkinen, Townsend and Associates; David French, ENS Resources; Valerie DeLoach and
Elizabeth Von Lehe, HDR; and Andre Casosola and Bruce Dosier, OCWD, were in
attendance telephonically.
PUBLIC COMMENTS:
None.
REPORTS:
Chair Wanke did not provide a report.
General Manager Jim Herberg stated that due to the size of the agenda, the Legislative and
Public Affairs reports were items on the agenda, on the Consent Calendar.
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STEERING COMMITTEE Minutes January 25, 2023
Director John Withers left the meeting and was absent for the votes on Item Nos. 1-8.
CONSENT CALENDAR:
1.APPROVAL OF MINUTES 2022-2646
Originator: Kelly Lore
MOVED, SECONDED, AND DULY CARRIED TO:
Approve Minutes of the Regular Meeting of the Legislative and Public Affairs
Committee held November 14, 2022.
AYES:Chad Wanke, Ryan Gallagher, Christine Marick and Sandra
Massa-Lavitt
NOES:None
ABSENT:Marshall Goodman and John Withers
ABSTENTIONS:None
2.APPROVAL OF MINUTES 2023-2704
Originator: Kelly Lore
MOVED, SECONDED, AND DULY CARRIED TO:
Approve Minutes of the Special Meeting of the Steering Committee held December 15,
2022.
AYES:Chad Wanke, Ryan Gallagher, Christine Marick and Sandra
Massa-Lavitt
NOES:None
ABSENT:Marshall Goodman and John Withers
ABSTENTIONS:None
3.PUBLIC AFFAIRS UPDATE FOR THE MONTHS OF NOVEMBER &
DECEMBER 2022 AND JANUARY 2023
2023-2719
Originator: Jim Herberg
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
Receive and file the Public Affairs Update for the months of November & December
2022 and January 2023.
AYES:Chad Wanke, Ryan Gallagher, Christine Marick and Sandra
Massa-Lavitt
NOES:None
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STEERING COMMITTEE Minutes January 25, 2023
ABSENT:Marshall Goodman and John Withers
ABSTENTIONS:None
4.LEGISLATIVE AFFAIRS UPDATE FOR THE MONTHS OF
NOVEMBER & DECEMBER 2022 AND JANUARY 2023
2023-2739
Originator: Jim Herberg
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
Receive and file the Legislative Affairs Update for the months of November &
December 2022 and January 2023.
AYES:Chad Wanke, Ryan Gallagher, Christine Marick and Sandra
Massa-Lavitt
NOES:None
ABSENT:Marshall Goodman and John Withers
ABSTENTIONS:None
NON-CONSENT:
5.GENERAL MANAGER’S FY 2022-2023 WORK PLAN MID-YEAR
UPDATE
2023-2738
Originator: Jim Herberg
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
Receive and file the General Manager’s FY 2022-2023 Work Plan Mid-Year Update.
AYES:Chad Wanke, Ryan Gallagher, Christine Marick and Sandra
Massa-Lavitt
NOES:None
ABSENT:Marshall Goodman and John Withers
ABSTENTIONS:None
6.DEFERRED COMPENSATION PLAN 457(b) ON BEHALF OF
ORANGE COUNTY SANITATION DISTRICT BOARD OF DIRECTORS
2023-2737
Originator: Lorenzo Tyner
Assistant General Manager Lorenzo Tyner provided information on the 457(b) plan and
explained the necessity of the Resolution.
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
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STEERING COMMITTEE Minutes January 25, 2023
Adopt Resolution No. OC SAN 23-XX entitled: “A Resolution of the Board of Directors
of Orange County Sanitation District (OC San), approving payment by OC San to OC
San’s 457(b) Deferred Compensation Plan (“457 Plan”) on behalf of OC San’s
Director-Employees in lieu of Contributions Pursuant to the Federal Insurance
Contributions Act (“FICA”), as mandated by the Federal Omnibus Budget
Reconciliation Act of 1990 (“OBRA”); and Repealing Resolution No. OCSD 98-4”.
AYES:Chad Wanke, Ryan Gallagher, Christine Marick and Sandra
Massa-Lavitt
NOES:None
ABSENT:Marshall Goodman and John Withers
ABSTENTIONS:None
7.DEFERRED PAYMENT AGREEMENT REQUEST FOR CHARGES
AND FEES OWED BY NOR-CAL BEVERAGE CO., INC. INDUSTRIAL
WASTEWATER DISCHARGE PERMITTEE
2023-2743
Originator: Lorenzo Tyner
Mr. Tyner explained the circumstances of the agreement and recommended its
approval.
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
Approve the request for a deferred payment agreement for charges owed for user fees
with Nor-Cal Beverage Co., Inc. in the amount of $986,149.55.
AYES:Chad Wanke, Ryan Gallagher, Christine Marick and Sandra
Massa-Lavitt
NOES:None
ABSENT:Marshall Goodman and John Withers
ABSTENTIONS:None
Director Marshall Goodman joined the meeting at approximately 4:07 p.m.
8.APPOINTMENT OF ROBERT C. THOMPSON TO THE POSITION OF
GENERAL MANAGER, APPROVAL OF AN AT-WILL EMPLOYMENT
AGREEMENT ON BEHALF OF THE BOARD OF DIRECTORS WITH
GENERAL MANAGER ROBERT C. THOMPSON, AND
AUTHORIZATION OF THE BOARD CHAIRMAN TO EXECUTE THE
AT-WILL EMPLOYMENT AGREEMENT
2023-2741
Originator: Celia Chandler
Chair Wanke described the recruitment and selection process and provided the
recommended action.
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STEERING COMMITTEE Minutes January 25, 2023
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
A. Adopt Resolution No. OC SAN 23-XX, entitled “A Resolution of the Board of
Directors Appointing Robert C. Thompson to the Position of General Manager
for the Orange County Sanitation District and Authorizing the Chair of the Board
of Directors to Enter into an At-Will Employment Agreement Effective February
10, 2023”;
B. Approve the At-Will Agreement, attached hereto, with Mr. Thompson specifying
terms and conditions of employment for General Manager services beginning
February 10, 2023; and
C. Authorize the Board Chairman to execute the At-Will Employment Agreement,
attached hereto.
AYES:Chad Wanke, Ryan Gallagher, Marshall Goodman, Christine Marick
and Sandra Massa-Lavitt
NOES:None
ABSENT:John Withers
ABSTENTIONS:None
Director John Withers returned to the meeting at approximately 4:10 p.m.
INFORMATION ITEMS:
9.EDUCATIONAL EXHIBIT UPDATE, HEADQUARTERS COMPLEX AT
PLANT NO. 1, PROJECT NO. P1-128A
2023-2712
Originator: Kathy Millea
Administration Manager Jennifer Cabral provided a PowerPoint presentation regarding
the educational exhibit for the Headquarters Complex at Plant No. 1 project. The
presentation included an update on the exhibit schedule, a drawing of the lobby with
the exhibits' placement, and the categories of the exhibit which included OC San's
history, the wastewater treatment process, flip coin - fun facts, layered map art, and in
the know - content flexibility. A drawing of the Board Room was also displayed with the
placement of OC San's core values, mission statement, current and former Board
Chair photos, and agency seals.
ITEM RECEIVED AS AN:
Information Item.
DEPARTMENT HEAD REPORTS:
None.
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STEERING COMMITTEE Minutes January 25, 2023
Director Marshall Goodman departed the meeting at approximately 4:40 p.m. and did not
participate in Closed Session.
CLOSED SESSION:
CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS
54956.9(d)(4) & 54956.9(d)(2).
The Committee convened in closed session at 4:38 p.m. Confidential minutes of the Closed
Sessions have been prepared in accordance with the above Government Code Sections and
are maintained by the Clerk of the Board in the Official Book of Confidential Minutes of Board
and Committee Closed Session meetings.
CS-1 CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED
LITIGATION - GOVERNMENT CODE SECTION 54956.9(d)(4)
2023-2711
CONVENED IN CLOSED SESSION:
Number of Potential Cases: 1
Potential initiation of litigation regarding Miller-Holder Easement.
CS-2 CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED
LITIGATION - GOVERNMENT CODE SECTION 54956.9(d)(2)
2023-2742
CONVENED IN CLOSED SESSION:
Number of Potential Cases: 1
Claim received from Matt Cortez Law, PC for Thomas Nguyen of Thomas Solar Energy
re OC San Project No. FR1-0007 Control Center Offices & Day Training Room
Remodeling at Plant No. 1.
RECONVENED IN REGULAR SESSION.
The Committee reconvened in regular session at 5:29 p.m.
CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED
SESSION:
General Counsel Brad Hogin did not provide a report.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY:
None.
BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING:
None.
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STEERING COMMITTEE Minutes January 25, 2023
ADJOURNMENT:
Chair Wanke declared the Special meeting adjourned at 5:30 p.m. to the next Regular
Steering Committee meeting to be held on Wednesday, February 22, 2023 at 5:00 p.m.
Submitted by:
__________________
Kelly A. Lore, MMC
Clerk of the Board
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