HomeMy WebLinkAbout06-22-2022 Board Meeting & Financing Corp MinutesORANGE COUNTY SANITATION DISTRICT
BOARD OF DIRECTORS
AND
ORANGE COUNTY SANITATION DISTRICT
FINANCING COPORATION
BOARD OF DIRECTORS
MINUTES
JUNE 22, 2022
Board Room
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
BOARD OF DIRECTORS Minutes June 22, 2022
CALL TO ORDER
A regular meeting of the Board of Directors of the Orange County Sanitation District was
called to order by Board Chairman John Withers on Wednesday, June 22, 2022 at 6:05 p.m.
in the Administration Building of the Orange County Sanitation District. Chair Withers stated
that the meeting was being held telephonically and via Internet accessibility in accordance
with new provisions in California Government Code Section 54953 and Resolution No. OC
SAN 22-14, due to the continued State of Emergency Order. Chair Withers announced the
teleconference meeting guidelines. Director Johnathan Ryan Hernandez delivered the
invocation and Board Vice Chairman Chad Wanke led the Pledge of Allegiance.
ROLL CALL AND DECLARATION OF QUORUM
The Clerk of the Board declared a quorum present as follows:
PRESENT:Brad Avery, Ron Bates, Rose Espinoza, Stephen Faessel, Ryan
Gallagher, Marshall Goodman, Patrick Harper, Johnathan Ryan
Hernandez, Brooke Jones, Steve Jones, Anthony Kuo, Paulo
Morales, Andrew Nguyen, Robert Ooten, Glenn Parker, David
Shawver, Donald Wagner, Chad Wanke, John Withers and Chad
Zimmerman
ABSENT:Art Brown, Kim Carr, Sandra Massa-Lavitt, Kim Nichols and Jesus
Silva
STAFF PRESENT: Jim Herberg, General Manager; Kelly Lore, Clerk of the Board, and
Joshua Martinez 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; Mo Abiodun; Mohaab Abodia;
Janine Aguilar; Andrew Brown; Jennifer Cabral; Mortimer Caparas; Belen Carrillo; Tanya
Chong; Ron Cortez; Raul Cuellar; Thys DeVries; Martin Dix; Mike Dorman; Brian Engeln;
John Frattali; Laurie Klinger; Tina Knapp; Rebecca Long; Laura Maravilla; Rob Michaels;
Andrew Nau; Adam Nazaroff; Wally Ritchie; Kevin Schuler; Cristina Stanford; Thomas Vu;
Eros Yong; and Ruth Zintzun were in attendance telephonically.
OTHERS PRESENT: Brad Hogin, General Counsel, was present in the Board Room. Gary
Weisberg, Assistant General Counsel; Laura Kalty, Special Counsel, Liebert Cassidy
Whitmore; Daniel Fears, Special Counsel, Payne & Fears; Katie Kaneko and Alyssa
Thompson, Koff & Associates; John Snyder, Chapman University; Johnny Rocha; and
Wastewater 101 Academy Graduates: Shahpoor Adil, Elisha Back, Brok Burchatz, Isabella
Ford, Abdul Khamosh, Jennifer Manzella, and Jennifer Stephenson were in attendance
telephonically.
PUBLIC COMMENTS:
None.
Page 1 of 20
BOARD OF DIRECTORS Minutes June 22, 2022
Clerk of the Board Kelly Lore stated that late communication was received regarding the
addition of an attachment to Item No. 21 which was provided to the Directors and was
made available to the public today.
SPECIAL PRESENTATIONS:
1. WASTEWATER 101 CITIZEN’S ACADEMY - GRADUATION 2022-2177
Originator: Kelly Lore
Chair Withers announced and acknowledged the following:
Graduates of OC San’s first Wastewater 101 Citizen’s Academy:
Shahpoor Adil; Elisha Back; Brok Burchatz; Isabella Ford; Judy Johnson;
Abdul Satar Khamosh; Jennifer Manzella; and Jennifer Stephenson.
2. EMPLOYEE SERVICE AWARDS 2022-2354
Originator: Kelly Lore
Chair Withers recognized the following:
30-year Service Award
Michelle Hetherington, Senior Engineer - Division 740
20-year Service Award
Martin Dix, Engineering Supervisor - Division 750
3. RECOGNITION OF BOARD CHAIRMAN JOHN B. WITHERS 2022-2357
Originator: Kelly Lore
Vice-Chair Chad Wanke and General Manager Jim Herberg recognized and presented
Chair Withers with various certificates of commendation received from Orange County
Board of Supervisor Don Wagner, Assembly Members Steven Choi and Dave Min, and
Senator Alex Padilla. They also presented OC San's recognition of Chair Withers'
service as Board Vice-Chairman and Board Chairman. Chair Withers thanked the
Directors and staff for their assistance and noted various accomplishments during his
leadership.
REPORTS:
Chair Withers stated that an updated Resolution to continue teleconferencing of public
meetings was on the agenda and based on legal counsel’s review, and the Orange County
Health Officer’s orders, we may continue in this virtual setting, for the next 30 days, if this
Resolution is adopted by the Board of Directors.
Page 2 of 20
BOARD OF DIRECTORS Minutes June 22, 2022
Chair Withers reminded the Directors of the upcoming Sexual Harassment Training on
Wednesday, August 10, 2022 at 2:00 p.m. and stated the Clerk of the Board will provide more
information to those that require the biennial training.
Chair Withers stated that the Directors would be receiving their talking points regarding OC
San activities tomorrow, and also stated that tonight's meeting may be long, but encouraged
the Directors to remain online to complete the important business on the agenda.
General Manager Herberg stated that he is presenting the final GM Work Plan for fiscal year
2022-2023 and provided a brief update. He also stated that he is presenting the year-end
report for the 2021-2022 GM work plan and was happy to report that 18 of the 23 goals were
completed; one will carry over to the 2022-2023 work plan and the other four will be
completed in the next couple of months.
Mr. Herberg reported that OC San will host another Vendor Information Workshop on
Tuesday, July 12 which will focus on professional services. More details can be found on the
OC San website.
Mr. Herberg introduced announced Maintenance Manager Kevin Schuler who was recently
promoted from Maintenance Superintendent and provided a brief background of Kevin's 11
years at OC San.
ELECTIONS:
4. ELECTION FOR VICE CHAIRPERSON OF THE ORANGE COUNTY
SANITATION DISTRICT BOARD OF DIRECTORS
2022-2353
Originator: Kelly Lore
General Counsel Brad Hogin provided instructions and facilitated the election process.
RECOMMENDATION:
Hold the election for Vice Chairperson of the Board of Directors.
Clerk of the Board Kelly Lore called roll and announced that Director Ryan Gallagher
obtained 14 votes and Director Glenn Parker obtained 6 votes. Mr. Hogin announced
that Director Gallagher was elected as the Board Vice-Chairman for 2022-2023.
CONSENT CALENDAR:
5. APPROVAL OF MINUTES 2022-2355
Originator: Kelly Lore
MOVED, SECONDED, AND DULY CARRIED TO:
Approve Minutes of the Regular Board of Directors Meeting held May 25, 2022.
Page 3 of 20
BOARD OF DIRECTORS Minutes June 22, 2022
AYES:Brad Avery, Ron Bates, Rose Espinoza, Stephen Faessel, Ryan
Gallagher, Marshall Goodman, Patrick Harper, Johnathan Ryan
Hernandez, Brooke Jones, Steve Jones, Anthony Kuo, Paulo
Morales, Andrew Nguyen, Robert Ooten, Glenn Parker, David
Shawver, Donald Wagner, Chad Wanke, John Withers and Chad
Zimmerman
NOES:None
ABSENT:Art Brown, Kim Carr, Sandra Massa-Lavitt, Kim Nichols and Jesus
Silva
ABSTENTIONS:None
6. RESOLUTION NO. OC SAN 22-15 COMMENDING BOARD
CHAIRMAN JOHN B. WITHERS
2022-2346
Originator: Kelly Lore
MOVED, SECONDED, AND DULY CARRIED TO:
Adopt Resolution No. OC SAN 22-15, entitled: “A Resolution of the Board of Directors
of the Orange County Sanitation District commending John B. Withers for his
outstanding contributions and dedication to public service as Chairman of the Orange
County Sanitation District’s Board of Directors”.
AYES:Brad Avery, Ron Bates, Rose Espinoza, Stephen Faessel, Ryan
Gallagher, Marshall Goodman, Patrick Harper, Johnathan Ryan
Hernandez, Brooke Jones, Steve Jones, Anthony Kuo, Paulo
Morales, Andrew Nguyen, Robert Ooten, Glenn Parker, David
Shawver, Donald Wagner, Chad Wanke, John Withers and Chad
Zimmerman
NOES:None
ABSENT:Art Brown, Kim Carr, Sandra Massa-Lavitt, Kim Nichols and Jesus
Silva
ABSTENTIONS:None
7. ENCROACHMENT AGREEMENT AT 18007 AND 18191 VON
KARMAN AVENUE, IRVINE, CA
2022-2349
Originator: Lorenzo Tyner
MOVED, SECONDED, AND DULY CARRIED TO:
Page 4 of 20
BOARD OF DIRECTORS Minutes June 22, 2022
A. Approve and authorize the General Manager to execute an Encroachment
Agreement with Lakeshore Land Owner PT LLC; Lakeshore Land Lessee PT
LLC; and LTF Lease Company, LLC (Owner, Landlord, Tenant) for installation
and operation of a grease interceptor at 18007 and 18191 Von Karman Avenue,
Irvine, CA, in a form approved by General Counsel; and
B. That the Clerk of the Board is hereby authorized and directed to record said
Agreement in the official records of the Orange County Clerk-Recorder’s Office.
AYES:Brad Avery, Ron Bates, Rose Espinoza, Stephen Faessel, Ryan
Gallagher, Marshall Goodman, Patrick Harper, Johnathan Ryan
Hernandez, Brooke Jones, Steve Jones, Anthony Kuo, Paulo
Morales, Andrew Nguyen, Robert Ooten, Glenn Parker, David
Shawver, Donald Wagner, Chad Wanke, John Withers and Chad
Zimmerman
NOES:None
ABSENT:Art Brown, Kim Carr, Sandra Massa-Lavitt, Kim Nichols and Jesus
Silva
ABSTENTIONS:None
RECEIVE AND FILE:
8. REPORT OF THE INVESTMENT TRANSACTIONS FOR THE MONTH
OF MAY 2022
2021-2016
Originator: Lorenzo Tyner
WITHOUT OBJECTION ACTION TAKEN TO RECEIVE AND FILE THE FOLLOWING:
Report of the Investment Transactions for the month of May 2022.
9. COMMITTEE MEETING MINUTES 2022-2061
Originator: Kelly Lore
WITHOUT OBJECTION ACTION TAKEN TO RECEIVE AND FILE THE FOLLOWING:
A. Minutes of the Steering Committee Meeting held April 27, 2022
B. Minutes of the Operations Committee Meeting held May 4, 2022
C. Minutes of the Administration Committee Meeting held May 11, 2022
OPERATIONS COMMITTEE:
10. ENGINEERING PROGRAM CONTRACT PERFORMANCE REPORT 2022-2358
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO:
Page 5 of 20
BOARD OF DIRECTORS Minutes June 22, 2022
Receive and file the Engineering Program Contract Performance Report for the period
ending March 31, 2022.
AYES:Brad Avery, Ron Bates, Rose Espinoza, Stephen Faessel, Ryan
Gallagher, Marshall Goodman, Patrick Harper, Johnathan Ryan
Hernandez, Brooke Jones, Steve Jones, Anthony Kuo, Paulo
Morales, Andrew Nguyen, Robert Ooten, Glenn Parker, David
Shawver, Donald Wagner, Chad Wanke, John Withers and Chad
Zimmerman
NOES:None
ABSENT:Art Brown, Kim Carr, Sandra Massa-Lavitt, Kim Nichols and Jesus
Silva
ABSTENTIONS:None
12.PLANT NO. 2 TRICKLING FILTER “A” ROTARY DISTRIBUTOR MAST
REPLACEMENT
2022-2360
Originator: Riaz Moinuddin
MOVED, SECONDED, AND DULY CARRIED TO:
A. Approve a Sole Source Purchase Order Contract to Ovivo USA, LLC (Ovivo) for
a direct replacement Center Mast assembly for the Plant No. 2 Trickling Filter
“A” solids contact, Secondary Treatment, in an amount not to exceed $461,500,
plus applicable sales tax and shipping; and
B. Approve a contingency of $46,150 (10%).
AYES:Brad Avery, Ron Bates, Rose Espinoza, Stephen Faessel, Ryan
Gallagher, Marshall Goodman, Patrick Harper, Johnathan Ryan
Hernandez, Brooke Jones, Steve Jones, Anthony Kuo, Paulo
Morales, Andrew Nguyen, Robert Ooten, Glenn Parker, David
Shawver, Donald Wagner, Chad Wanke, John Withers and Chad
Zimmerman
NOES:None
ABSENT:Art Brown, Kim Carr, Sandra Massa-Lavitt, Kim Nichols and Jesus
Silva
ABSTENTIONS:None
13. SERVICE CONTRACT FOR PLANT NOS. 1 AND 2 CENTRAL
GENERATION FACILITIES' CARBON MEDIA CHANGE-OUT
2022-2361
Originator: Riaz Moinuddin
MOVED, SECONDED, AND DULY CARRIED TO:
Page 6 of 20
BOARD OF DIRECTORS Minutes June 22, 2022
A. Approve a Service Contract to Carbon Bulk Sales LLC to install and dispose of
activated carbon media for Plant Nos. 1 and 2 Cen-Gen Facilities, Specification
No. S-2022-1289BD, for a total amount not to exceed $420,972 for the period
beginning July 1, 2022 through June 30, 2023, with four (4) one-year renewal
options; and
B. Approve an annual contingency of $42,097 (10%).
AYES:Brad Avery, Ron Bates, Rose Espinoza, Stephen Faessel, Ryan
Gallagher, Marshall Goodman, Patrick Harper, Johnathan Ryan
Hernandez, Brooke Jones, Steve Jones, Anthony Kuo, Paulo
Morales, Andrew Nguyen, Robert Ooten, Glenn Parker, David
Shawver, Donald Wagner, Chad Wanke, John Withers and Chad
Zimmerman
NOES:None
ABSENT:Art Brown, Kim Carr, Sandra Massa-Lavitt, Kim Nichols and Jesus
Silva
ABSTENTIONS:None
14.ENERGY AND DIGESTER GAS MASTER PLAN, PROJECT NO.
PS21-04
2022-2362
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO:
A Approve a Professional Services Agreement with Brown and Caldwell to provide
engineering services for the Energy and Digester Gas Master Plan, Project No.
PS21-04, for an amount not to exceed $1,438,037; and
B. Approve a contingency of $143,804 (10%).
AYES:Brad Avery, Ron Bates, Rose Espinoza, Stephen Faessel, Ryan
Gallagher, Marshall Goodman, Patrick Harper, Johnathan Ryan
Hernandez, Brooke Jones, Steve Jones, Anthony Kuo, Paulo
Morales, Andrew Nguyen, Robert Ooten, Glenn Parker, David
Shawver, Donald Wagner, Chad Wanke, John Withers and Chad
Zimmerman
NOES:None
ABSENT:Art Brown, Kim Carr, Sandra Massa-Lavitt, Kim Nichols and Jesus
Silva
ABSTENTIONS:None
16.BUSHARD DIVERSION STRUCTURE REPAIR, PROJECT NO. MP-307 2022-2364
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO:
Page 7 of 20
BOARD OF DIRECTORS Minutes June 22, 2022
A. Receive and file Bid Tabulation and Recommendation for Bushard Diversion
Structure Repair, Project No. MP-307;
B. Award a Construction Contract to Abhe & Svoboda, Inc. for Bushard Diversion
Structure Repair, Project No. MP-307 for an amount not to exceed $1,762,545;
and
C. Approve a contingency of $176,255 (10%).
AYES:Brad Avery, Ron Bates, Rose Espinoza, Stephen Faessel, Ryan
Gallagher, Marshall Goodman, Patrick Harper, Johnathan Ryan
Hernandez, Brooke Jones, Steve Jones, Anthony Kuo, Paulo
Morales, Andrew Nguyen, Robert Ooten, Glenn Parker, David
Shawver, Donald Wagner, Chad Wanke, John Withers and Chad
Zimmerman
NOES:None
ABSENT:Art Brown, Kim Carr, Sandra Massa-Lavitt, Kim Nichols and Jesus
Silva
ABSTENTIONS:None
Director Anthony Kuo departed the meeting at approximately 6:38 p.m.
11. BUILDING B FLOOR REPLACEMENT, JIB CRANE AND FORKLIFT
PAD, PROJECT NO. FR1-0012
2022-2359
Originator: Kathy Millea
Item No. 11 was pulled and heard separately. In response to a question from Director
Bates, Director of Engineering Kathy Millea provided additional details and differences
of the Engineer's estimate and the possibility that additional work was underestimated
due to unknown work restrictions.
MOVED, SECONDED, AND DULY CARRIED TO:
A. Receive and file Bid Tabulation and Recommendation for Building B Floor
Replacement, Jib Crane and Forklift Pad, Project No. FR1-0012;
B. Award a Construction Contract to Vicon Enterprise for Building B Floor
Replacement, Jib Crane and Forklift Pad, Project No. FR1-0012 for an amount
not to exceed $220,000; and
C. Approve a contingency of $22,000 (10%).
AYES:Brad Avery, Ron Bates, Rose Espinoza, Stephen Faessel, Ryan
Gallagher, Marshall Goodman, Patrick Harper, Johnathan Ryan
Hernandez, Brooke Jones, Steve Jones, Paulo Morales, Andrew
Nguyen, Robert Ooten, Glenn Parker, David Shawver, Donald
Wagner, Chad Wanke, John Withers and Chad Zimmerman
Page 8 of 20
BOARD OF DIRECTORS Minutes June 22, 2022
NOES:None
ABSENT:Art Brown, Kim Carr, Anthony Kuo, Sandra Massa-Lavitt, Kim Nichols
and Jesus Silva
ABSTENTIONS:None
15. REDHILL RELIEF SEWER RELOCATION AT STATE ROUTE 55,
PROJECT NO. FE18-13
2022-2363
Originator: Kathy Millea
Item No. 15 was pulled and heard separately. In response to a question from Director
Bates, Ms. Millea stated that this project is being funded by OCTA, and that due to a
very tight timeline they had requested a 15% contingency to ensure the project
continued without delay.
MOVED, SECONDED, AND DULY CARRIED TO:
A. Receive and file Bid Tabulation and Recommendation for Redhill Relief Sewer
Relocation at State Route 55, Project No. FE18-13;
B. Award a Construction Contract to SRK Engineering, Inc. for Redhill Relief Sewer
Relocation at State Route 55, Project No. FE18-13 for an amount not to exceed
$2,213,000; and
C. Approve a contingency of $331,950 (15%).
AYES:Brad Avery, Ron Bates, Rose Espinoza, Stephen Faessel, Ryan
Gallagher, Marshall Goodman, Johnathan Ryan Hernandez, Brooke
Jones, Steve Jones, Paulo Morales, Andrew Nguyen, Robert Ooten,
Glenn Parker, David Shawver, Donald Wagner, Chad Wanke, John
Withers and Chad Zimmerman
NOES:None
ABSENT:Art Brown, Kim Carr, Anthony Kuo, Sandra Massa-Lavitt, Kim Nichols
and Jesus Silva
ABSTENTIONS:Patrick Harper
Director Don Wagner departed the meeting at approximately 6:43 p.m.
ADMINISTRATION COMMITTEE:
17. ENVIRONMENTAL REGULATORY REPORTS 2022-2373
Originator: Lan Wiborg
MOVED, SECONDED, AND DULY CARRIED TO:
Page 9 of 20
BOARD OF DIRECTORS Minutes June 22, 2022
Receive and file environmental regulatory reports: Annual Biosolids Management
Compliance Report CY 2021, Annual Pretreatment Program Report FY 2021 (July
2020-June 2021), Semi-Annual Pretreatment Program Report (July-December 2021),
Annual Mandatory Reporting of Greenhouse Gas Emissions Report CY 2021, Annual
Emission Report CY 2021, Annual Marine Monitoring Annual Report FY 2021 (July
2020-June 2021), Quinquennial Sewer System Management Plan, and the Biannual
Wastewater Discharge Requirements Sewer System Management Plan Audit.
AYES:Brad Avery, Ron Bates, Rose Espinoza, Stephen Faessel, Ryan
Gallagher, Marshall Goodman, Patrick Harper, Johnathan Ryan
Hernandez, Brooke Jones, Steve Jones, Paulo Morales, Andrew
Nguyen, Robert Ooten, Glenn Parker, David Shawver, Chad Wanke,
John Withers and Chad Zimmerman
NOES:None
ABSENT:Art Brown, Kim Carr, Anthony Kuo, Sandra Massa-Lavitt, Kim
Nichols, Jesus Silva and Donald Wagner
ABSTENTIONS:None
18.GANN APPROPRIATIONS LIMIT FOR FISCAL YEAR 2022-23 2022-2374
Originator: Lorenzo Tyner
MOVED, SECONDED, AND DULY CARRIED TO:
Adopt Resolution No. OC SAN 22-16, entitled: “A Resolution of the Board of Directors
of the Orange County Sanitation District Establishing the Annual Appropriations Limit
for Fiscal Year 2022-23 for the Orange County Sanitation District in accordance with
the Provisions of Division 9 of Title 1 of the California Government Code”.
AYES:Brad Avery, Ron Bates, Rose Espinoza, Stephen Faessel, Ryan
Gallagher, Marshall Goodman, Patrick Harper, Johnathan Ryan
Hernandez, Brooke Jones, Steve Jones, Paulo Morales, Andrew
Nguyen, Robert Ooten, Glenn Parker, David Shawver, Chad Wanke,
John Withers and Chad Zimmerman
NOES:None
ABSENT:Art Brown, Kim Carr, Anthony Kuo, Sandra Massa-Lavitt, Kim
Nichols, Jesus Silva and Donald Wagner
ABSTENTIONS:None
19.AWARD ACCEPTANCE PROTOCOLS 2022-2375
Originator: Kelly Lore
MOVED, SECONDED, AND DULY CARRIED TO:
Adopt Resolution No. OC SAN 22-17 entitled, “A Resolution of the Board of Directors
of the Orange County Sanitation District Establishing Award Acceptance Protocols, and
Repealing Resolution No. OCSD 08-19”.
Page 10 of 20
BOARD OF DIRECTORS Minutes June 22, 2022
AYES:Brad Avery, Ron Bates, Rose Espinoza, Stephen Faessel, Ryan
Gallagher, Marshall Goodman, Patrick Harper, Johnathan Ryan
Hernandez, Brooke Jones, Steve Jones, Paulo Morales, Andrew
Nguyen, Robert Ooten, Glenn Parker, David Shawver, Chad Wanke,
John Withers and Chad Zimmerman
NOES:None
ABSENT:Art Brown, Kim Carr, Anthony Kuo, Sandra Massa-Lavitt, Kim
Nichols, Jesus Silva and Donald Wagner
ABSTENTIONS:None
20. FY 2022-23 USE CHARGES FOR SANTA ANA WATERSHED
PROJECT AUTHORITY
2022-2376
Originator: Lorenzo Tyner
MOVED, SECONDED, AND DULY CARRIED TO:
Adopt Resolution No. OC SAN 22-18, entitled: “A Resolution of the Board of Directors
of the Orange County Sanitation District Establishing Use Charges for the 2022-23
Fiscal Year Pursuant to the Wastewater Treatment and Disposal Agreement with the
Santa Ana Watershed Project Authority (“SAWPA”).”
AYES:Brad Avery, Ron Bates, Rose Espinoza, Stephen Faessel, Ryan
Gallagher, Marshall Goodman, Patrick Harper, Johnathan Ryan
Hernandez, Brooke Jones, Steve Jones, Paulo Morales, Andrew
Nguyen, Robert Ooten, Glenn Parker, David Shawver, Chad Wanke,
John Withers and Chad Zimmerman
NOES:None
ABSENT:Art Brown, Kim Carr, Anthony Kuo, Sandra Massa-Lavitt, Kim
Nichols, Jesus Silva and Donald Wagner
ABSTENTIONS:None
21. 2022-23 PROPERTY-LIABILITY INSURANCE RENEWALS 2022-2378
Originator: Lorenzo Tyner
Item No. 21 was pulled and heard separately. In response to a question from Director
Bates, Assistant General Manager Lorenzo Tyner provided a brief explanation to the
additional attachment provided regarding OC San's limits and structures covered for
Earthquake Insurance coverage.
MOVED, SECONDED, AND DULY CARRIED TO:
Page 11 of 20
BOARD OF DIRECTORS Minutes June 22, 2022
Approve the Orange County Sanitation District FY 2022-23 Property-Liability Insurance
Renewals included in the FY 2022-23 and FY 2023-24 Budget for the not-to-exceed
amounts specified below:
Property and Boiler & Machinery - Not to Exceed $ 1,812,868
Excess General Liability Insurance - Not to Exceed $ 1,064,822
Excess Workers’ Compensation Insurance - Not to Exceed $ 343,000
Earthquake Insurance - Not to Exceed $ 131,927
TOTAL $ 3,352,617
AYES:Brad Avery, Ron Bates, Rose Espinoza, Stephen Faessel, Ryan
Gallagher, Marshall Goodman, Patrick Harper, Johnathan Ryan
Hernandez, Brooke Jones, Steve Jones, Paulo Morales, Andrew
Nguyen, Robert Ooten, Glenn Parker, David Shawver, Chad Wanke,
John Withers and Chad Zimmerman
NOES:None
ABSENT:Art Brown, Kim Carr, Anthony Kuo, Sandra Massa-Lavitt, Kim
Nichols, Jesus Silva and Donald Wagner
ABSTENTIONS:None
LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE:
None.
STEERING COMMITTEE:
22. GENERAL MANAGER’S FY 2021-2022 WORK PLAN YEAR-END
REPORT
2022-2392
Originator: Jim Herberg
MOVED, SECONDED, AND DULY CARRIED TO:
Receive and file the General Manager’s FY 2021-2022 Work Plan Year-End Report.
AYES:Brad Avery, Ron Bates, Rose Espinoza, Stephen Faessel, Ryan
Gallagher, Marshall Goodman, Patrick Harper, Johnathan Ryan
Hernandez, Brooke Jones, Steve Jones, Paulo Morales, Andrew
Nguyen, Robert Ooten, Glenn Parker, David Shawver, Chad Wanke,
John Withers and Chad Zimmerman
NOES:None
ABSENT:Art Brown, Kim Carr, Anthony Kuo, Sandra Massa-Lavitt, Kim
Nichols, Jesus Silva and Donald Wagner
ABSTENTIONS:None
Page 12 of 20
BOARD OF DIRECTORS Minutes June 22, 2022
23. GENERAL MANAGER’S FISCAL YEAR 2022-2023 WORK PLAN 2022-2393
Originator: Jim Herberg
MOVED, SECONDED, AND DULY CARRIED TO:
Approve the General Manager’s Fiscal Year 2022-2023 Work Plan.
AYES:Brad Avery, Ron Bates, Rose Espinoza, Stephen Faessel, Ryan
Gallagher, Marshall Goodman, Patrick Harper, Johnathan Ryan
Hernandez, Brooke Jones, Steve Jones, Paulo Morales, Andrew
Nguyen, Robert Ooten, Glenn Parker, David Shawver, Chad Wanke,
John Withers and Chad Zimmerman
NOES:None
ABSENT:Art Brown, Kim Carr, Anthony Kuo, Sandra Massa-Lavitt, Kim
Nichols, Jesus Silva and Donald Wagner
ABSTENTIONS:None
24. CLASSIFICATION & COMPENSATION STUDIES FINAL RESULTS 2022-2394
Originator: Celia Chandler
MOVED, SECONDED, AND DULY CARRIED TO:
Receive and file the June 2022 Classification Study Final Report and Total
Compensation Study Final Report.
AYES:Brad Avery, Ron Bates, Rose Espinoza, Stephen Faessel, Ryan
Gallagher, Marshall Goodman, Patrick Harper, Johnathan Ryan
Hernandez, Brooke Jones, Steve Jones, Paulo Morales, Andrew
Nguyen, Robert Ooten, Glenn Parker, David Shawver, Chad Wanke,
John Withers and Chad Zimmerman
NOES:None
ABSENT:Art Brown, Kim Carr, Anthony Kuo, Sandra Massa-Lavitt, Kim
Nichols, Jesus Silva and Donald Wagner
ABSTENTIONS:None
25. PROPERTY ACQUISITION FOR 1516 BALBOA BOULEVARD WEST,
NEWPORT BEACH, CA
2022-2395
Originator: Lorenzo Tyner
MOVED, SECONDED, AND DULY CARRIED TO:
Page 13 of 20
BOARD OF DIRECTORS Minutes June 22, 2022
A. Approve the Agreement for Purchase and Sale of the Real Property and Escrow
Instructions for the purchase of real estate from the City of Newport Beach for
1516 Balboa Boulevard West, Newport Beach, California, County Assessor
Parcel Number 047-222-10 in a form approved by Special Counsel, for
$467,629.56; and
B. Authorize the General Manager and Special Counsel to execute the following:
1. Preliminary Title Report Consistent with the Standard Offer, Agreement,
and Escrow Instructions;
2. Title Approval Letter;
3. Deeds and other evidence of title to the parcel of property that are the
subject of the Purchase Agreement;
4. Preliminary Change of Ownership Report;
5. Acceptance of the Grant Deed to certain real property from City of Newport
Beach;
6. Approved Estimated Closing costs;
7. Seller’s Mandatory Disclosure Statement acknowledging receipt of this
document;
8. Property Information Sheet acknowledging receipt of this document;
9. Natural Hazard Disclosure Report acknowledging receipt of this document;
and
10. Any and all other instruments related to the transaction.
AYES:Brad Avery, Ron Bates, Rose Espinoza, Stephen Faessel, Ryan
Gallagher, Marshall Goodman, Patrick Harper, Johnathan Ryan
Hernandez, Brooke Jones, Steve Jones, Paulo Morales, Andrew
Nguyen, Robert Ooten, Glenn Parker, David Shawver, Chad Wanke,
John Withers and Chad Zimmerman
NOES:None
ABSENT:Art Brown, Kim Carr, Anthony Kuo, Sandra Massa-Lavitt, Kim
Nichols, Jesus Silva and Donald Wagner
ABSTENTIONS:None
Chair Withers recessed the OC San Board of Directors Meeting at 6:52 p.m.
************************************************************************************
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BOARD OF DIRECTORS Minutes June 22, 2022
ORANGE COUNTY SANITATION DISTRICT FINANCING CORPORATION
CALL TO ORDER
Chair Withers called the Board of Directors, Orange County Sanitation District Financing
Corporation meeting to order at 6:52 p.m.
ROLL CALL AND DECLARATION OF QUORUM
Kelly Lore, Secretary of the Financing Corporation, declared a quorum present as follows:
PRESENT:Brad Avery, Ron Bates, Rose Espinoza, Stephen Faessel, Ryan
Gallagher, Marshall Goodman, Patrick Harper, Johnathan Ryan
Hernandez, Brooke Jones, Steve Jones, Paulo Morales, Andrew
Nguyen, Robert Ooten, Glenn Parker, David Shawver, Chad Wanke,
John Withers and Chad Zimmerman
ABSENT:Art Brown, Kim Carr, Anthony Kuo, Sandra Massa-Lavitt, Kim
Nichols, Jesus Silva and Donald Wagner
Ms. Lore announced that the members of the Orange County Sanitation District Board of
Directors were each being compensated $212.50 for the Board of Directors Meeting; and no
additional compensation for the Financing Corporation Meeting.
Director Stephen Faessel departed the meeting at approximately 6:55 p.m.
APPROVAL OF MINUTES
FC-1 APPROVAL OF MINUTES - ORANGE COUNTY SANITATION
DISTRICT FINANCING CORPORATION
2022-2311
Originator: Kelly Lore
MOVED, SECONDED AND DULY CARRIED TO:
Approve Minutes of the Regular Meeting of the Orange County Sanitation District
Financing Corporation held December 15, 2021.
AYES:Brad Avery, Ron Bates, Rose Espinoza, Ryan Gallagher, Marshall
Goodman, Patrick Harper, Johnathan Ryan Hernandez, Brooke
Jones, Steve Jones, Paulo Morales, Andrew Nguyen, Robert Ooten,
Glenn Parker, David Shawver, Chad Wanke, John Withers and Chad
Zimmerman
NOES:None
ABSENT:Art Brown, Kim Carr, Stephen Faessel, Anthony Kuo, Sandra
Massa-Lavitt, Kim Nichols, Jesus Silva and Donald Wagner
ABSTENTIONS:None
Page 15 of 20
BOARD OF DIRECTORS Minutes June 22, 2022
NON-CONSENT:
FC-2 ANNUAL STATUS REPORT OF THE ORANGE COUNTY SANITATION
DISTRICT FINANCING CORPORATION
2022-2312
Originator: Lorenzo Tyner
Mr. Tyner provided the annual status report.
WITHOUT OBJECTION ACTION TAKEN TO:
Receive and file the Annual Status Report of the Orange County Sanitation District
Financing Corporation.
Chair Withers adjourned the meeting of the Board of Directors, Orange County Sanitation
District Financing Corporation at 6:58 p.m.
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BOARD OF DIRECTORS Minutes June 22, 2022
Chair Withers reconvened the Orange County Sanitation District Board of Directors meeting
at 6:59 p.m.
NON-CONSENT:
26.PROPOSED FY 2022-23 AND FY 2023-24 BUDGET 2022-2379
Originator: Lorenzo Tyner
Director Bates stated concern regarding the approval of a two year budget and
provided an alternate motion.
MOVED, SECONDED, AND DULY CARRIED TO:
Adopt the proposed Operating, Capital, Debt Service, and Self-Insurance Budgets for
FY 2022-23 and FY 2023-24 as follows; and return the FY 2023-24 budget for
ratification prior to July 1, 2023:
FY 2022-23 FY 2023-24
Net Operating $ 201,144,702 $ 209,891,777
Self-Insurance - Workers’ Comp. $ 790,000 $ 810,000
Self-Insurance - Property & Gen. Liability $ 2,900,000 $ 3,040,000
Net Capital Improvement Program $ 268,167,501 $ 315,307,637
Debt/COP Service $ 68,568,134 $ 68,611,384
Intra-District Joint Equity Purchase/Sale(1) $ 3,500,000 $ 3,500,000
TOTAL $ 545,070,337 $ 601,160,798PP
(1) Cash to/from Revenue Area 14 (RA14) in exchange for capital assets to/from Consolidated
Revenue Area 15 (RA15)
AYES:Brad Avery, Ron Bates, Rose Espinoza, Ryan Gallagher, Marshall
Goodman, Patrick Harper, Johnathan Ryan Hernandez, Brooke
Jones, Steve Jones, Paulo Morales, Andrew Nguyen, Glenn Parker,
David Shawver, Chad Wanke, John Withers and Chad Zimmerman
NOES:Robert Ooten
ABSENT:Art Brown, Kim Carr, Stephen Faessel, Anthony Kuo, Sandra
Massa-Lavitt, Kim Nichols, Jesus Silva and Donald Wagner
ABSTENTIONS:None
27.CONTINUATION OF TELECONFERENCED PUBLIC MEETINGS 2022-2350
Originator: Kelly Lore
MOVED, SECONDED, AND DULY CARRIED TO:
Adopt 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”.
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BOARD OF DIRECTORS Minutes June 22, 2022
AYES:Brad Avery, Ron Bates, Rose Espinoza, Ryan Gallagher, Marshall
Goodman, Patrick Harper, Johnathan Ryan Hernandez, Brooke
Jones, Steve Jones, Paulo Morales, Andrew Nguyen, Robert Ooten,
Glenn Parker, David Shawver, Chad Wanke, John Withers and Chad
Zimmerman
NOES:None
ABSENT:Art Brown, Kim Carr, Stephen Faessel, Anthony Kuo, Sandra
Massa-Lavitt, Kim Nichols, Jesus Silva and Donald Wagner
ABSTENTIONS:None
Director Hernandez departed the meeting at approximately 7:11 p.m.
INFORMATION ITEMS:
None.
AB 1234 DISCLOSURE REPORTS:
Director David Shawver provided an update from his recent attendance at the OCCOG Board
meeting.
CLOSED SESSION:
CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS
54957.6 & 54956.9(d)(1).
The Board convened in closed session at 7:12 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 LABOR NEGOTIATORS - GOVERNMENT
CODE SECTION 54957.6
2022-2396
CONVENED IN CLOSED SESSION:
Designated Representatives: General Manager James Herberg, Assistant General
Managers Lorenzo Tyner and Rob Thompson, Director of Human Resources Celia
Chandler, and Chief Negotiator Laura Kalty.
Employee Organizations: (3)
International Union of Operating Engineers, Local 501; Orange County Employees
Association; and the Supervisors and Professionals Group.
CS-2 CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION -
GOVERNMENT CODE SECTION 54956.9(d)(1)
2022-2397
CONVENED IN CLOSED SESSION:
Page 18 of 20
BOARD OF DIRECTORS Minutes June 22, 2022
Number of Cases: 1
Arlin Blazevic v. Orange County Sanitation District; Natasha Dubrovski; Lorenzo Tyner;
and Does 1-100, inclusive, Superior Court of California, County of Orange, Case No.
30-2020-01149812-CU-WT-CJC.
CS-3 CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION -
GOVERNMENT CODE SECTION 54956.9(d)(1)
2022-2398
CONVENED IN CLOSED SESSION:
Number of Cases: 1
Orange County Sanitation District, a public entity v. Bayside Village Marina, LLC, a
limited liability company; Laguna Beach County Water District, a public entity; and
Does 1-100, inclusive; and all Persons Unknown Claiming an Interest in the Property,
Superior Court of California, County of Orange, Case No. 30-2022-01251890.
RECONVENED IN REGULAR SESSION.
The Board reconvened in regular session at 7:41 p.m.
CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED
SESSION:
General Counsel Brad Hogin stated there was no reportable action.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY:
None.
BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING:
Director Bates requested an update on Cyber Security.
Director Shawver commended and thanked Chair Withers for his leadership and their service
together.
ADJOURNMENT:
At 7:45 p.m., Chair Withers adjourned the meeting until the next Regular Meeting of the
Board of Directors to be held on Wednesday, July 27, 2022 at 6:00 p.m.
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BOARD OF DIRECTORS Minutes June 22, 2022
Submitted by:
__________________
Kelly A. Lore, MMC
Clerk of the Board
Page 20 of 20