HomeMy WebLinkAbout05-26-2021 Board Meeting Minutes and Financing CorporationORANGE COUNTY SANITATION DISTRICTBOARD OF DIRECTORS
AND
ORANGE COUNTY SANITATION DISTRICT FINANCING CORPORATION BOARD OF DIRECTORS
MINUTES
MAY 26, 2021
Board Room
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
BOARD OF DIRECTORS Minutes May 26, 2021
CALL TO ORDER
A regular meeting of the Board of Directors of the Orange County Sanitation District was
called to order by Board Chairman David Shawver on May 26, 2021 at 6:00 p.m. in the
Administration Building. Director Art Brown led the Pledge of Allegiance. Chair Shawver
announced that the meeting was being held telephonically and via audio/video
teleconferencing in accordance with the Governor's Executive Order No. N-29-20, due to
the Coronavirus Pandemic (COVID-19). Chair Shawver announced the meeting guidelines.
ROLL CALL AND DECLARATION OF QUORUM
The Clerk of the Board declared a quorum present as follows:
PRESENT:Brad Avery, Stacy Berry, Art Brown, Kim Carr, Doug Chaffee, Mark
Chirco, Rose Espinoza, Stephen Faessel, Ryan Gallagher, Marshall
Goodman, Patrick Harper, Johnathan Ryan Hernandez, Brooke
Jones, Anthony Kuo, Sandra Massa-Lavitt, Andrew Nguyen, Kim
Nichols, Robert Ooten, Glenn Parker, David Shawver, Jesus Silva,
Chad Wanke, John Withers, Chad Zimmerman and John O'Neill
(Alternate)
ABSENT:None
STAFF MEMBERS PRESENT: Kelly Lore, Clerk of the Board, and Joshua Martinez were
present in the Board Room. General Manager Jim Herberg, Assistant General Manager
Lorenzo Tyner, Assistant General Manager Rob Thompson, Director of Engineering Kathy
Millea, Director of Environmental Services Lan Wiborg, Director of Human Resources Celia
Chandler, Jennifer Cabral, Tanya Chong, Daisy Covarrubias, Raul Cuellar, Brian Engeln, Tina
Knapp, and Wally Ritchie participated telephonically.
OTHERS PRESENT: Brad Hogin (General Counsel) was present in the Board Room.
PUBLIC COMMENTS:
Clerk of the Board Kelly Lore read 19 public comments into the record in regard to Item No.
24. Ms. Lore also stated that she received late communication from General Manager
Herberg that Closed Session Item No. CS-1 would not be heard this evening.
SPECIAL PRESENTATIONS:
None.
REPORTS:
Chair Shawver reported on the Strategic Plan update on tonight's agenda. He also reminded
the Board Members that they would be receiving their talking points for use at their agencies.
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BOARD OF DIRECTORS Minutes May 26, 2021
General Manager Herberg provided information regarding an incident on the 405 freeway
where a contractor working on new construction broke a clay pipe. Mr. Herberg declared an
emergency to allow for the urgent repairs.
ELECTIONS:
1.NOMINATIONS FOR CHAIRPERSON AND VICE CHAIRPERSON OF
THE ORANGE COUNTY SANITATION DISTRICT BOARD OF
DIRECTORS
2021-1472
Originator: Kelly Lore
General Counsel Brad Hogin provided instructions and facilitated the nomination and
election process.
Mr. Hogin opened nominations for Chairperson and Vice-Chairperson of the Board of
Directors (Election to be held at the regular June Board Meeting unless only one
candidate is nominated). One nomination was received for each office. A motion to
close nominations was received.
With no further nominations, John Withers was deemed elected as Chairman of the
Board of Directors and Chad Wanke was deemed elected as Vice-Chairman of the
Board of Directors for the 2021/22 term.
A. Open nominations for Chairperson of the Board of Directors. (Election to be
held at the regular June Board of Directors meeting unless only one candidate is
nominated.)
B. Open nominations for Vice Chairperson of the Board of Directors. (Election to
be held at the regular June Board of Directors meeting unless only one
candidate is nominated.)
Director Hernandez appeared away for the remainder of the meeting.
CONSENT CALENDAR:
2.APPROVAL OF MINUTES 2021-1601
Originator: Kelly Lore
MOVED, SECONDED, AND DULY CARRIED TO:
Approve Minutes of the Special Meeting of the Board of Directors held April 21, 2021
and the Regular Meeting of the Board of Directors held April 28, 2021.
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BOARD OF DIRECTORS Minutes May 26, 2021
AYES:Brad Avery, Stacy Berry, Art Brown, Kim Carr, Doug Chaffee, Mark
Chirco, Rose Espinoza, Stephen Faessel, Ryan Gallagher, Marshall
Goodman, Patrick Harper, Brooke Jones, Anthony Kuo, Sandra
Massa-Lavitt, Andrew Nguyen, Kim Nichols, Robert Ooten, Glenn
Parker, David Shawver, Jesus Silva, Chad Wanke, John Withers,
Chad Zimmerman and John O'Neill (Alternate)
NOES:None
ABSENT:Johnathan Ryan Hernandez
ABSTENTIONS:None
RECEIVE AND FILE:
3.COMMITTEE MEETING MINUTES 2021-1544
Originator: Kelly Lore
WITHOUT OBJECTION ACTION TAKEN TO RECEIVE AND FILE THE FOLLOWING:
A.Minutes of the Steering Committee Meeting held March 24, 2021
B.Minutes of the Operations Committee Meeting held April 7, 2021
C.Minutes of the Legislative and Public Affairs Committee Meeting held April 12, 2021
D.Minutes of the Administration Committee Meeting held April 14, 2021
4.REPORT OF THE INVESTMENT TRANSACTIONS FOR THE MONTH
OF APRIL 2021
2021-1594
Originator: Lorenzo Tyner
WITHOUT OBJECTION ACTION TAKEN TO RECEIVE AND FILE THE FOLLOWING:
Report of the Investment Transactions for the month of April 2021.
OPERATIONS COMMITTEE:
5.REGIONAL ODOR AND CORROSION CONTROL SERVICES
(ROCCS) PROGRAM, SPECIFICATION NO. C-2017-899BD
CONTINGENCY INCREASE
2021-1631
Originator: Rob Thompson
MOVED, SECONDED, AND DULY CARRIED TO:
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BOARD OF DIRECTORS Minutes May 26, 2021
A. Approve a unit price contingency increase of $0.74/gallon to the calcium nitrate
contract with US Peroxide, LLC dba USP Technologies for the Regional Odor
and Corrosion Control Services, Specification No. C-2017-899BD (PO
106291-OB), for July 1, 2021 through June 30, 2022, for a new total amount of
$3.21/gal; for a total estimated usage of $1,071,339; and
B. Approve Amendment No. 2 to the contract with Hill Brothers Chemical Company
for Regional Odor and Corrosion Control Services, Specification No.
C-2017-899BD (PO 106264-OB), for the period beginning July 1, 2021 through
June 30, 2022, to approve an additional application service rate of $80/site per
day, a field service rate of $80/site per day, and a flat surcharge delivery fee of
$400 for small truck deliveries (under 2,500 gallons) for low dosage sites of
ferrous chloride only, including but not limited to Crystal Cove Pump Station and
Tiffany Lift Station.
AYES:Brad Avery, Stacy Berry, Art Brown, Kim Carr, Doug Chaffee, Mark
Chirco, Rose Espinoza, Stephen Faessel, Ryan Gallagher, Marshall
Goodman, Patrick Harper, Brooke Jones, Anthony Kuo, Sandra
Massa-Lavitt, Andrew Nguyen, Kim Nichols, Robert Ooten, Glenn
Parker, David Shawver, Jesus Silva, Chad Wanke, John Withers,
Chad Zimmerman and John O'Neill (Alternate)
NOES:None
ABSENT:Johnathan Ryan Hernandez
ABSTENTIONS:None
6.LIQUID FERRIC CHLORIDE SPECIFICATION NO. C-2019-1037BD
CONTINGENCY INCREASE
2021-1632
Originator: Rob Thompson
MOVED, SECONDED, AND DULY CARRIED TO:
Approve a unit price contingency of $78.70 per dry ton (13.18%) which is a $19 per dry
ton (3.18%) contingency increase to the liquid Ferric Chloride Agreement with Pencco,
Inc., Specification No. C-2019-1037BD, for the period beginning July 1, 2021 through
June 30, 2022. New dry ton unit cost not to exceed $675.70 per dry ton. New contract
estimated total is $2,027,100 plus applicable sales tax.
AYES:Brad Avery, Stacy Berry, Art Brown, Kim Carr, Doug Chaffee, Mark
Chirco, Rose Espinoza, Stephen Faessel, Ryan Gallagher, Marshall
Goodman, Patrick Harper, Brooke Jones, Anthony Kuo, Sandra
Massa-Lavitt, Andrew Nguyen, Kim Nichols, Robert Ooten, Glenn
Parker, David Shawver, Jesus Silva, Chad Wanke, John Withers,
Chad Zimmerman and John O'Neill (Alternate)
NOES:None
ABSENT:Johnathan Ryan Hernandez
ABSTENTIONS:None
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BOARD OF DIRECTORS Minutes May 26, 2021
7. ENGINEERING PROGRAM CONTRACT PERFORMANCE REPORT 2021-1633
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO:
Receive and file the Engineering Program Contract Performance Report for the period
ending March 31, 2021.
AYES:Brad Avery, Stacy Berry, Art Brown, Kim Carr, Doug Chaffee, Mark
Chirco, Rose Espinoza, Stephen Faessel, Ryan Gallagher, Marshall
Goodman, Patrick Harper, Brooke Jones, Anthony Kuo, Sandra
Massa-Lavitt, Andrew Nguyen, Kim Nichols, Robert Ooten, Glenn
Parker, David Shawver, Jesus Silva, Chad Wanke, John Withers,
Chad Zimmerman and John O'Neill (Alternate)
NOES:None
ABSENT:Johnathan Ryan Hernandez
ABSTENTIONS:None
8. ORANGE-WESTERN SUB-TRUNK AND LOS ALAMITOS TRUNK
SEWER REHABILITATION, CONTRACT NOS. 3-64A AND 3-64B
2021-1634
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO:
A. Approve a Professional Construction Services Agreement with AECOM
Technical Services, Inc. to provide construction support services for
Orange-Western Sub-Trunk and Los Alamitos Trunk Sewer Rehabilitation,
Contract Nos. 3-64A and 3-64B for a total amount not to exceed $610,000; and
B. Approve a contingency of $61,000 (10%).
AYES:Brad Avery, Stacy Berry, Art Brown, Kim Carr, Doug Chaffee, Mark
Chirco, Rose Espinoza, Stephen Faessel, Ryan Gallagher, Marshall
Goodman, Patrick Harper, Brooke Jones, Anthony Kuo, Sandra
Massa-Lavitt, Andrew Nguyen, Kim Nichols, Robert Ooten, Glenn
Parker, David Shawver, Jesus Silva, Chad Wanke, John Withers,
Chad Zimmerman and John O'Neill (Alternate)
NOES:None
ABSENT:Johnathan Ryan Hernandez
ABSTENTIONS:None
9. ORANGE-WESTERN SUB-TRUNK AND LOS ALAMITOS TRUNK
SEWER REHABILITATION, CONTRACT NOS. 3-64A AND 3-64B
2021-1635
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO:
Page 5 of 21
BOARD OF DIRECTORS Minutes May 26, 2021
Approve a Cooperative Reimbursement Agreement between the Orange County
Sanitation District and the City of Cypress for Pavement Slurry Seal Construction in
conjunction with the Orange-Western Sub-Trunk and Los Alamitos Trunk Sewer
Rehabilitation, Contract Nos. 3-64A and 3-64B, for an amount not to exceed $83,000.
AYES:Brad Avery, Stacy Berry, Art Brown, Kim Carr, Doug Chaffee, Mark
Chirco, Rose Espinoza, Stephen Faessel, Ryan Gallagher, Marshall
Goodman, Patrick Harper, Brooke Jones, Anthony Kuo, Sandra
Massa-Lavitt, Andrew Nguyen, Kim Nichols, Robert Ooten, Glenn
Parker, David Shawver, Jesus Silva, Chad Wanke, John Withers,
Chad Zimmerman and John O'Neill (Alternate)
NOES:None
ABSENT:Johnathan Ryan Hernandez
ABSTENTIONS:None
10.ORANGE-WESTERN SUB-TRUNK AND LOS ALAMITOS TRUNK
SEWER REHABILITATION, CONTRACT NOS. 3-64A AND 3-64B
2021-1643
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO:
A. Receive and file Bid Tabulation and Recommendation for Orange-Western
Sub-Trunk and Los Alamitos Trunk Sewer Rehabilitation, Contract Nos. 3-64A
and 3-64B;
B. Award a Construction Contract to Steve P. Rados, Inc. for Orange-Western
Sub-Trunk and Los Alamitos Trunk Sewer Rehabilitation, Contract Nos. 3-64A
and 3-64B, for a total amount not to exceed $17,775,000; and
C. Approve a construction contract contingency of $1,777,500 (10%).
AYES:Brad Avery, Stacy Berry, Art Brown, Kim Carr, Doug Chaffee, Mark
Chirco, Rose Espinoza, Stephen Faessel, Ryan Gallagher, Marshall
Goodman, Patrick Harper, Brooke Jones, Anthony Kuo, Sandra
Massa-Lavitt, Andrew Nguyen, Kim Nichols, Robert Ooten, Glenn
Parker, David Shawver, Jesus Silva, Chad Wanke, John Withers,
Chad Zimmerman and John O'Neill (Alternate)
NOES:None
ABSENT:Johnathan Ryan Hernandez
ABSTENTIONS:None
11.CONTROL CENTER OFFICES AND DAY TRAINING ROOM
REMODELING AT PLANT NO. 1, PROJECT NO. FR1-0007
2021-1636
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO:
Page 6 of 21
BOARD OF DIRECTORS Minutes May 26, 2021
A. Receive and File Bid Tabulation and Recommendation for Control Center
Offices and Day Training Room Remodeling at Plant No. 1, Project No.
FR1-0007;
B. Award a Construction Contract to Thomas Solar Energy for Control Center
Offices and Day Training Room Remodeling at Plant No. 1, Project No.
FR1-0007, for an amount not to exceed $256,790; and
C. Approve a contingency of $25,679 (10%).
AYES:Brad Avery, Stacy Berry, Art Brown, Kim Carr, Doug Chaffee, Mark
Chirco, Rose Espinoza, Stephen Faessel, Ryan Gallagher, Marshall
Goodman, Patrick Harper, Brooke Jones, Anthony Kuo, Sandra
Massa-Lavitt, Andrew Nguyen, Kim Nichols, Robert Ooten, Glenn
Parker, David Shawver, Jesus Silva, Chad Wanke, John Withers,
Chad Zimmerman and John O'Neill (Alternate)
NOES:None
ABSENT:Johnathan Ryan Hernandez
ABSTENTIONS:None
12. MACARTHUR FORCE MAIN IMPROVEMENTS, PROJECT NO. 7-68 2021-1637
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO:
A. Approve a Professional Design Services Agreement with Michael Baker
International, Inc. to provide engineering services for MacArthur Force Main
Improvements, Project No. 7-68, for an amount not to exceed $500,000; and
B. Approve a contingency of $50,000 (10%).
AYES:Brad Avery, Stacy Berry, Art Brown, Kim Carr, Doug Chaffee, Mark
Chirco, Rose Espinoza, Stephen Faessel, Ryan Gallagher, Marshall
Goodman, Patrick Harper, Brooke Jones, Anthony Kuo, Sandra
Massa-Lavitt, Andrew Nguyen, Kim Nichols, Robert Ooten, Glenn
Parker, David Shawver, Jesus Silva, Chad Wanke, John Withers,
Chad Zimmerman and John O'Neill (Alternate)
NOES:None
ABSENT:Johnathan Ryan Hernandez
ABSTENTIONS:None
13. ANNUAL PROFESSIONAL DESIGN SERVICES AGREEMENTS,
CONTRACT NO. FE21-00-XX
2021-1638
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO:
Page 7 of 21
BOARD OF DIRECTORS Minutes May 26, 2021
A. Approve Annual Professional Design Services Agreements (PDSA) with the
following firms for professional engineering design and construction support
services commencing July 1, 2021 with a maximum annual fiscal year contract
limitation not to exceed $600,000 for each Annual Professional Design Services
Agreement; and
FIRM CONTRACT NO.
1 AECOM Technical Services, Inc. (AECOM) FE21-00-01
2 Arcadis U.S., Inc. (Arcadis) FE21-00-02
3 Black & Veatch Corporation (Black & Veatch) FE21-00-03
4 Brown & Caldwell FE21-00-04
5 CDM Smith, Inc. (CDM Smith) FE21-00-05
6 CIVILTEC Engineering, Inc. (CIVILTEC) FE21-00-06
7 Dudek FE21-00-07
8 GHD, Inc. (GHD) FE21-00-08
9 HDR Engineering, Inc. (HDR) FE21-00-09
10 Infrastructure Engineering Corporation (IEC) FE21-00-10
11 Kennedy Jenks Consultants, Inc. (Kennedy Jenks) FE21-00-11
12 Kleinfelder, Inc. (Kleinfelder) FE21-00-12
13 Michael Baker International, Inc. (Michael Baker) FE21-00-13
14 ProjectLine Technical Services, Inc. (ProjectLine) FE21-00-14
15 SPEC Services, Inc. (SPEC Services) FE21-00-15
16 SVA Architects, Inc. (SVA Architects) FE21-00-16
17 Tetra Tech FE21-00-17
18 Woodard & Curran, Inc. (Woodard & Curran) FE21-00-18
B. Approve two additional one-year optional extensions for each PDSA.
AYES:Brad Avery, Stacy Berry, Art Brown, Kim Carr, Doug Chaffee, Mark
Chirco, Rose Espinoza, Stephen Faessel, Ryan Gallagher, Marshall
Goodman, Patrick Harper, Brooke Jones, Anthony Kuo, Sandra
Massa-Lavitt, Andrew Nguyen, Kim Nichols, Robert Ooten, Glenn
Parker, David Shawver, Jesus Silva, Chad Wanke, John Withers,
Chad Zimmerman and John O'Neill (Alternate)
NOES:None
ABSENT:Johnathan Ryan Hernandez
ABSTENTIONS:None
14.NEWHOPE-PLACENTIA TRUNK REPLACEMENT, SEGMENT B AND
SEGMENT C, CONTRACT NOS. 2-72B AND 2-72C
2021-1639
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO:
Page 8 of 21
BOARD OF DIRECTORS Minutes May 26, 2021
Approve the First Amendment to Agreement between the Orange County Sanitation
District and the City of Anaheim for Construction of Water Facilities in Conjunction with
the State College Boulevard Sewer Project, which increases by $513,439 the maximum
reimbursement by the City of Anaheim to a new total of $1,813,439.
AYES:Brad Avery, Stacy Berry, Art Brown, Kim Carr, Doug Chaffee, Mark
Chirco, Rose Espinoza, Stephen Faessel, Ryan Gallagher, Marshall
Goodman, Patrick Harper, Brooke Jones, Anthony Kuo, Sandra
Massa-Lavitt, Andrew Nguyen, Kim Nichols, Robert Ooten, Glenn
Parker, David Shawver, Jesus Silva, Chad Wanke, John Withers,
Chad Zimmerman and John O'Neill (Alternate)
NOES:None
ABSENT:Johnathan Ryan Hernandez
ABSTENTIONS:None
15. HEADQUARTERS COMPLEX AT PLANT NO. 1, CONTRACT NO.
P1-128A
2021-1640
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO:
A. Approve a Professional Construction Services Agreement with HDR
Engineering, Inc. to provide construction support services for Headquarters
Complex at Plant No. 1, Contract No. P1-128A, for an amount not to exceed
$4,900,000; and
B. Approve a contingency of $490,000 (10%).
AYES:Brad Avery, Stacy Berry, Art Brown, Kim Carr, Doug Chaffee, Mark
Chirco, Rose Espinoza, Stephen Faessel, Ryan Gallagher, Marshall
Goodman, Patrick Harper, Brooke Jones, Anthony Kuo, Sandra
Massa-Lavitt, Andrew Nguyen, Kim Nichols, Robert Ooten, Glenn
Parker, David Shawver, Jesus Silva, Chad Wanke, John Withers,
Chad Zimmerman and John O'Neill (Alternate)
NOES:None
ABSENT:Johnathan Ryan Hernandez
ABSTENTIONS:None
16. A-SIDE PRIMARY CLARIFIERS REPLACEMENT AT PLANT NO. 2,
CONTRACT NO. P2-98A
2021-1641
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO:
Page 9 of 21
BOARD OF DIRECTORS Minutes May 26, 2021
A. Receive and file Bid Tabulation and Recommendation for A-Side Primary
Clarifiers Replacement at Plant No. 2, Project No. P2-98A;
B. Award a Construction Contract to PCL Construction, Inc. for A-Side Primary
Clarifiers Replacement at Plant No. 2, Contract No. P2-98A, for an amount not
to exceed $111,405,880; and
C. Approve a contingency of $6,684,353 (6%).
AYES:Brad Avery, Stacy Berry, Art Brown, Kim Carr, Doug Chaffee, Mark
Chirco, Rose Espinoza, Stephen Faessel, Ryan Gallagher, Marshall
Goodman, Patrick Harper, Brooke Jones, Anthony Kuo, Sandra
Massa-Lavitt, Andrew Nguyen, Kim Nichols, Robert Ooten, Glenn
Parker, David Shawver, Jesus Silva, Chad Wanke, John Withers,
Chad Zimmerman and John O'Neill (Alternate)
NOES:None
ABSENT:Johnathan Ryan Hernandez
ABSTENTIONS:None
17. A-SIDE PRIMARY CLARIFIERS REPLACEMENT AT PLANT NO. 2,
CONTRACT NO. P2-98A
2021-1642
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO:
A. Approve a Professional Construction Services Agreement with Black & Veatch
Corporation to provide construction support services for A-Side Primary
Clarifiers Replacement at Plant No. 2, Contract No. P2-98A, for an amount not
to exceed $8,400,000; and
B. Approve a contingency of $840,000 (10%)
AYES:Brad Avery, Stacy Berry, Art Brown, Kim Carr, Doug Chaffee, Mark
Chirco, Rose Espinoza, Stephen Faessel, Ryan Gallagher, Marshall
Goodman, Patrick Harper, Brooke Jones, Anthony Kuo, Sandra
Massa-Lavitt, Andrew Nguyen, Kim Nichols, Robert Ooten, Glenn
Parker, David Shawver, Jesus Silva, Chad Wanke, John Withers,
Chad Zimmerman and John O'Neill (Alternate)
NOES:None
ABSENT:Johnathan Ryan Hernandez
ABSTENTIONS:None
ADMINISTRATION COMMITTEE:
18. CONSOLIDATED FINANCIAL REPORT FOR THE THIRD QUARTER
ENDED MARCH 31, 2021
2021-1661
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BOARD OF DIRECTORS Minutes May 26, 2021
Originator: Lorenzo Tyner
MOVED, SECONDED, AND DULY CARRIED TO:
Receive and file the Orange County Sanitation District Third Quarter Financial Report
for the period ended March 31, 2021.
AYES:Brad Avery, Stacy Berry, Art Brown, Kim Carr, Doug Chaffee, Mark
Chirco, Rose Espinoza, Stephen Faessel, Ryan Gallagher, Marshall
Goodman, Patrick Harper, Brooke Jones, Anthony Kuo, Sandra
Massa-Lavitt, Andrew Nguyen, Kim Nichols, Robert Ooten, Glenn
Parker, David Shawver, Jesus Silva, Chad Wanke, John Withers,
Chad Zimmerman and John O'Neill (Alternate)
NOES:None
ABSENT:Johnathan Ryan Hernandez
ABSTENTIONS:None
19.RECORDS MANAGEMENT PROGRAM UPDATE 2021-1663
Originator: Kelly Lore
MOVED, SECONDED, AND DULY CARRIED TO:
Adopt Resolution No. OC SAN 21-08 entitled: “A Resolution of the Board of Directors
of the Orange County Sanitation District Adopting the Records Management Program
Procedures and Records Retention Schedule, Authorizing Destruction of Obsolete
Records, and Repealing Resolution No. OCSD 20-10”.
AYES:Brad Avery, Stacy Berry, Art Brown, Kim Carr, Doug Chaffee, Mark
Chirco, Rose Espinoza, Stephen Faessel, Ryan Gallagher, Marshall
Goodman, Patrick Harper, Brooke Jones, Anthony Kuo, Sandra
Massa-Lavitt, Andrew Nguyen, Kim Nichols, Robert Ooten, Glenn
Parker, David Shawver, Jesus Silva, Chad Wanke, John Withers,
Chad Zimmerman and John O'Neill (Alternate)
NOES:None
ABSENT:Johnathan Ryan Hernandez
ABSTENTIONS:None
20.GENERAL MANAGER APPROVED PURCHASES AND ADDITIONS
TO THE PRE-APPROVED OEM SOLE SOURCE LIST
2021-1662
Originator: Lorenzo Tyner
MOVED, SECONDED, AND DULY CARRIED TO:
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BOARD OF DIRECTORS Minutes May 26, 2021
A. Receive and file Orange County Sanitation District purchases made under the
General Manager’s authority for the period of January 1, 2021 to March 31,
2021; and
B. Approve the following additions to the pre-approved OEM Sole Source List for
the period of January 1, 2021 to March 31, 2021:
·ALTRONIC - CenGen Engine Ignition Subsystem Components
·CECO FYBROC - Pumps and Parts
·FLUKE ELECTRONICS CORPORATION / PRUFTECHNIK - Rotalign
Touch Laser Shaft Alignment System
·KURZ INSTRUMENTS - Gas Flow Meters
·METTLER TOLEDO, LLC - Truck Loading Scale Controller Replacement
·SDT ULTRASOUND SOLUTIONS - SDT Ultrasound Instruments,
Hardware, and Software
·SWAGELOK - Parts, Tools, and Service
AYES:Brad Avery, Stacy Berry, Art Brown, Kim Carr, Doug Chaffee, Mark
Chirco, Rose Espinoza, Stephen Faessel, Ryan Gallagher, Marshall
Goodman, Patrick Harper, Brooke Jones, Anthony Kuo, Sandra
Massa-Lavitt, Andrew Nguyen, Kim Nichols, Robert Ooten, Glenn
Parker, David Shawver, Jesus Silva, Chad Wanke, John Withers,
Chad Zimmerman and John O'Neill (Alternate)
NOES:None
ABSENT:Johnathan Ryan Hernandez
ABSTENTIONS:None
21.WASTEWATER REFUNDING REVENUE OBLIGATIONS, SERIES
2021A
2021-1664
Originator: Lorenzo Tyner
MOVED, SECONDED, AND DULY CARRIED TO:
Page 12 of 21
BOARD OF DIRECTORS Minutes May 26, 2021
A. Adopt Resolution No. OC SAN 21-09 entitled: “A Resolution of the Board of
Directors of the Orange County Sanitation District authorizing the execution and
delivery by the District of an Installment Purchase Agreement, a Trust
Agreement, a Continuing Disclosure Agreement and Escrow Agreements in
connection with the Orange County Sanitation District Wastewater Refunding
Revenue Obligations, Series 2021A, authorizing the execution and delivery of
such Revenue Obligations evidencing principal in an aggregate amount of not to
exceed $163,775,000, approving a Notice of Intention to Sell, authorizing the
distribution of an Official Notice Inviting Bids and an Official Statement in
connection with the offering and sale of such Revenue Obligations and
authorizing the execution of necessary documents and related actions”; and
B. That the Orange County Sanitation District Financing Corporation approve the
documents supporting and authorizing the Revenue Obligations in an aggregate
amount not to exceed $163,775,000.
AYES:Brad Avery, Stacy Berry, Art Brown, Kim Carr, Doug Chaffee, Mark
Chirco, Rose Espinoza, Stephen Faessel, Ryan Gallagher, Marshall
Goodman, Patrick Harper, Brooke Jones, Anthony Kuo, Sandra
Massa-Lavitt, Andrew Nguyen, Kim Nichols, Robert Ooten, Glenn
Parker, David Shawver, Jesus Silva, Chad Wanke, John Withers,
Chad Zimmerman and John O'Neill (Alternate)
NOES:None
ABSENT:Johnathan Ryan Hernandez
ABSTENTIONS:None
LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE:
22. LEGISLATIVE AFFAIRS UPDATE FOR THE MONTH OF APRIL 2021 2021-1648
Originator: Jim Herberg
MOVED, SECONDED, AND DULY CARRIED TO:
Receive and file the Legislative Affairs Update for the month of April 2021.
AYES:Brad Avery, Stacy Berry, Art Brown, Kim Carr, Doug Chaffee, Mark
Chirco, Stephen Faessel, Ryan Gallagher, Marshall Goodman,
Patrick Harper, Brooke Jones, Anthony Kuo, Sandra Massa-Lavitt,
Andrew Nguyen, Kim Nichols, Robert Ooten, Glenn Parker, David
Shawver, Jesus Silva, Chad Wanke, John Withers, Chad Zimmerman
and John O'Neill (Alternate)
NOES:Rose Espinoza
ABSENT:Johnathan Ryan Hernandez
ABSTENTIONS:None
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BOARD OF DIRECTORS Minutes May 26, 2021
23.PUBLIC AFFAIRS UPDATE FOR THE MONTH OF APRIL 2021 2021-1649
Originator: Jim Herberg
MOVED, SECONDED, AND DULY CARRIED TO:
Receive and file the Public Affairs Update for the month of April 2021.
AYES:Brad Avery, Stacy Berry, Art Brown, Kim Carr, Doug Chaffee, Mark
Chirco, Stephen Faessel, Ryan Gallagher, Marshall Goodman,
Patrick Harper, Brooke Jones, Anthony Kuo, Sandra Massa-Lavitt,
Andrew Nguyen, Kim Nichols, Robert Ooten, Glenn Parker, David
Shawver, Jesus Silva, Chad Wanke, John Withers, Chad Zimmerman
and John O'Neill (Alternate)
NOES:Rose Espinoza
ABSENT:Johnathan Ryan Hernandez
ABSTENTIONS:None
STEERING COMMITTEE:
24.HEADQUARTERS COMPLEX AT PLANT NO. 1, PROJECT NO.
P1-128A
2021-1676
Originator: Kathy Millea
Director of Engineering Kathy Millea provided additional information in regard to the
bidding and qualification of the bidders. Ms. Millea responded to comments from the
Board Members and the Board asked that an item be added to a future agenda to
review and address local hiring preference/project labor agreements.
MOVED, SECONDED, AND DULY CARRIED TO:
A. Receive and file Bid Tabulation and Recommendation for Headquarters
Complex at Plant No 1, Project No. P1-128A;
B. Award a Construction Contract to Swinerton Builders for Headquarters Complex
at Plant No 1, Project No. P1-128A, for an amount not to exceed $102,544,974;
and
C. Approve a contingency of $5,127,249 (5%).
AYES:Brad Avery, Stacy Berry, Art Brown, Kim Carr, Doug Chaffee, Mark
Chirco, Stephen Faessel, Ryan Gallagher, Marshall Goodman,
Patrick Harper, Brooke Jones, Anthony Kuo, Sandra Massa-Lavitt,
Kim Nichols, Robert Ooten, Glenn Parker, David Shawver, Jesus
Silva, Chad Wanke, John Withers, Chad Zimmerman and John
O'Neill (Alternate)
NOES:Rose Espinoza and Andrew Nguyen
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BOARD OF DIRECTORS Minutes May 26, 2021
ABSENT:Johnathan Ryan Hernandez
ABSTENTIONS:None
Chair Shawver recessed the OC San Board of Directors Meeting at 6:25 p.m.
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BOARD OF DIRECTORS Minutes May 26, 2021
ORANGE COUNTY SANITATION DISTRICT FINANCING CORPORATION
CALL TO ORDER
Chair Shawver called the Board of Directors, Orange County Sanitation District Financing
Corporation meeting to order at 6:26 p.m.
ROLL CALL AND DECLARATION OF QUORUM
Kelly Lore, Secretary of the Financing Corporation, declared a quorum present as follows:
PRESENT:Brad Avery, Stacy Berry, Art Brown, Kim Carr, Doug Chaffee, Mark
Chirco, Rose Espinoza, Stephen Faessel, Ryan Gallagher, Marshall
Goodman, Patrick Harper, Brooke Jones, Anthony Kuo, Sandra
Massa-Lavitt, Andrew Nguyen, Kim Nichols, Robert Ooten, Glenn
Parker, David Shawver, Jesus Silva, Chad Wanke, John Withers,
Chad Zimmerman and John O'Neill (Alternate)
ABSENT:Johnathan Ryan Hernandez
Ms. Lore announced that the members of the Orange County Sanitation District Board of
Directors are each being compensated $212.50 for the Board of Directors Meeting; there is
no additional compensation for the Financing Corporation Meeting.
APPROVAL OF MINUTES:
FC-1 APPROVAL OF MINUTES - ORANGE COUNTY SANITATION
DISTRICT FINANCING CORPORATION
2021-1611
Originator: Kelly Lore
WITHOUT OBJECTION, ACTION TAKEN TO:
Approve Minutes of the Regular Meeting of the Orange County Sanitation District
Financing Corporation held June 24, 2020.
AYES:Brad Avery, Art Brown, Doug Chaffee, Marshall Goodman, Brooke
Jones, Sandra Massa-Lavitt, Andrew Nguyen, Robert Ooten, Glenn
Parker, David Shawver, Jesus Silva, Chad Wanke and John Withers
NOES:None
ABSENT:Johnathan Ryan Hernandez
ABSTENTIONS:Stacy Berry, Kim Carr, Mark Chirco, Rose Espinoza, Stephen
Faessel, Ryan Gallagher, Patrick Harper, Anthony Kuo, Kim Nichols,
Chad Zimmerman and John O'Neill (Alternate)
NON-CONSENT
FC-2 WASTEWATER REFUNDING REVENUE OBLIGATIONS, SERIES
2021A
2021-1612
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BOARD OF DIRECTORS Minutes May 26, 2021
Originator: Lorenzo Tyner
Assistant General Manager Lorenzo Tyner provided a verbal overview of this item.
MOVED, SECONDED, AND DULY CARRIED TO:
Adopt Resolution No. FC-28 entitled: “A Resolution of the Board of Directors of the
Orange County Sanitation District Financing Corporation authorizing the execution and
delivery by the Corporation of an Installment Purchase Agreement and a Trust
Agreement in connection with the Orange County Sanitation District Wastewater
Refunding Revenue Obligations, Series 2021A, authorizing the execution and delivery
of such Revenue Obligations evidencing principal in an aggregate amount of not to
exceed $163,775,000 and authorizing the execution of necessary documents and
related actions.”
AYES:Brad Avery, Stacy Berry, Art Brown, Kim Carr, Doug Chaffee, Mark
Chirco, Rose Espinoza, Stephen Faessel, Ryan Gallagher, Marshall
Goodman, Patrick Harper, Brooke Jones, Anthony Kuo, Sandra
Massa-Lavitt, Andrew Nguyen, Kim Nichols, Robert Ooten, Glenn
Parker, David Shawver, Jesus Silva, Chad Wanke, John Withers,
Chad Zimmerman and John O'Neill (Alternate)
NOES:None
ABSENT:Johnathan Ryan Hernandez
ABSTENTIONS:None
Chair Shawver adjourned the meeting of the Board of Directors, Orange County Sanitation
District Financing Corporation at 6:30 p.m.
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BOARD OF DIRECTORS Minutes May 26, 2021
Chair Shawver reconvened the Orange County Sanitation District Board of Directors meeting
at 6:31 p.m.
NON-CONSENT:
25.PROPOSED ADOPTION OF ORDINANCE NO. OC SAN-55 UPDATING
ELECTRONIC REQUIREMENTS FOR THE PRESENTATION OF
CLAIMS OR DEMANDS FOR PAYMENT
2021-1622
Originator: Lorenzo Tyner
Mr. Tyner provided a brief update on this item.
MOVED, SECONDED, AND DULY CARRIED TO:
A. Second Reading of Ordinance No. OC SAN-55, entitled: “An Ordinance of the
Board of Directors of the Orange County Sanitation District Establishing
Requirements for the Presentation of Claims or Demands for Payment; and
Repealing Ordinance No. OCSD-17”;
B. Motion to read Ordinance No. OC SAN-55 by title only and waive reading of said
entire Ordinance;
C. Direct the Clerk of the Board to publish summaries of the Ordinance as required
by law.
AYES:Brad Avery, Stacy Berry, Art Brown, Kim Carr, Doug Chaffee, Mark
Chirco, Rose Espinoza, Stephen Faessel, Ryan Gallagher, Marshall
Goodman, Patrick Harper, Brooke Jones, Anthony Kuo, Sandra
Massa-Lavitt, Andrew Nguyen, Kim Nichols, Robert Ooten, Glenn
Parker, David Shawver, Jesus Silva, Chad Wanke, John Withers,
Chad Zimmerman and John O'Neill (Alternate)
NOES:None
ABSENT:Johnathan Ryan Hernandez
ABSTENTIONS:None
26.PROPOSED ADOPTION OF ORDINANCE NO. OC SAN-56 UPDATING
THE PURCHASING ORDINANCE
2021-1623
Originator: Lorenzo Tyner
MOVED, SECONDED, AND DULY CARRIED TO:
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BOARD OF DIRECTORS Minutes May 26, 2021
A. Second Reading of Ordinance No. OC SAN-56, entitled: “An Ordinance of the
Board of Directors of the Orange County Sanitation District Establishing
Requirements and Procedures for the Purchase of Goods, Services, and Public
Works Projects; and Repealing Ordinance No. OCSD-52”;
B. Motion to read Ordinance No. OC SAN-56 by title only and waive reading of said
entire Ordinance;
C. Direct the Clerk of the Board to publish summaries of the Ordinance as required
by law.
AYES:Brad Avery, Stacy Berry, Art Brown, Kim Carr, Doug Chaffee, Mark
Chirco, Rose Espinoza, Stephen Faessel, Ryan Gallagher, Marshall
Goodman, Patrick Harper, Brooke Jones, Anthony Kuo, Sandra
Massa-Lavitt, Andrew Nguyen, Kim Nichols, Robert Ooten, Glenn
Parker, David Shawver, Jesus Silva, Chad Wanke, John Withers,
Chad Zimmerman and John O'Neill (Alternate)
NOES:None
ABSENT:Johnathan Ryan Hernandez
ABSTENTIONS:None
INFORMATION ITEMS:
27.STRATEGIC PLAN WORKSHOP - RECAP 2021-1616
Originator: Jim Herberg
Board Vice-Chair John Withers provided the Strategic Plan recap.
ITEM RECEIVED FOR:
Information Only.
AB 1234 DISCLOSURE REPORTS:
None.
CLOSED SESSION:
CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS
54956.8, 54957(a) & 54956.9(d)(1):
The Board convened in closed session at 7:30 p.m. to discuss two items. Item CS-1 was not
heard. 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.
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BOARD OF DIRECTORS Minutes May 26, 2021
CS-1 CONFERENCE WITH REAL PROPERTY NEGOTIATORS -
GOVERNMENT CODE SECTION 54956.8
2021-1677
Originator: Lorenzo Tyner
ITEM NOT HEARD.
Property: 1516 W. Balboa Blvd., Newport Beach, CA; APN No. 047-222-10
Agency negotiators: General Manager, Jim Herberg; Assistant General Manager,
Lorenzo Tyner; Assistant General Manager, Rob Thompson; and Director of
Engineering, Kathy Millea.
Negotiating parties: City of Newport Beach
Under negotiation: Price and terms of payment
CS-2 THREAT TO PUBLIC SERVICES OR FACILITIES (GOVERNMENT
CODE SECTION 54957 (a))
2021-1679
Originator: Lorenzo Tyner
CONVENED IN CLOSED SESSION:
Consultation with the Information Technology Systems & Operations Manager
regarding cyber security.
CS-3 CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION -
GOVERNMENT CODE SECTION 54956.9(d)(1)
2021-1678
Originator: Kelly Lore
CONVENED IN CLOSED SESSION:
Number of Cases: 1
Jose O. Cruz v. Orange County Sanitation District Financing Corporation, a California
corporation; and Does 1-50, inclusive, Superior Court of California, County of Orange,
Case No. 30-2019-01100180-CU-WT-CJC.
RECONVENED IN REGULAR SESSION.
The Board reconvened in regular session at 7:55 p.m.
CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED
SESSION:
General Counsel Brad Hogin did not provide a report.
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BOARD OF DIRECTORS Minutes May 26, 2021
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY:
None.
BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING:
None.
ADJOURNMENT:
At 7:56 p.m., Chair Shawver adjourned the meeting until the Regular Meeting of the Board of
Directors to be held on June 23, 2021 at 6:00 p.m.
Submitted by:
_______________________
Kelly A. Lore, MMC
Clerk of the Board
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