HomeMy WebLinkAbout11-16-2022 Board Meeting MinutesORANGE COUNTY SANITATION DISTRICT
MINUTES
BOARD OF DIRECTORS
NOVEMBER 16, 2022
Board Room
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
BOARD OF DIRECTORS Minutes November 16, 2022
CALL TO ORDER
A regular meeting of the Board of Directors of the Orange County Sanitation District was
called to order by Board Vice-Chairman Ryan Gallagher on Wednesday, November 16, 2022
at 6:00 p.m. in the Administration Building of the Orange County Sanitation District. Director
John Withers delivered the invocation and 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, Kim Carr, Stephen Faessel, Ryan Gallagher, Marshall
Goodman, Patrick Harper, Johnathan Ryan Hernandez, Steve Jones,
Anthony Kuo, Sandra Massa-Lavitt, Paulo Morales, Jordan Nefulda
(Alternate), Andrew Nguyen, Kim Nichols, Robert Ooten, Glenn
Parker, David Shawver, Donald Wagner, John Withers and Chad
Zimmerman
ABSENT:Art Brown, Rose Espinoza, Brooke Jones, Jesus Silva and Chad
Wanke
STAFF PRESENT: Jim Herberg, General Manager; Lorenzo Tyner, Assistant General
Manager; Kelly Lore, Clerk of the Board; and Brian Engeln were present in Conference
Rooms A & B. Rob Thompson, 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;
Andrew Brown; Jennifer Cabral; Mortimer Caparas; Tanya Chong; Raul Cuellar; Brian Engeln;
Tina Knapp; Rebecca Long; Rob Michaels; Victoria Pilko; Valerie Ratto; Wally Ritchie; Kevin
Schuler; Eros Yong; Thomas Vu and Ruth Zintzun were in attendance telephonically.
OTHERS PRESENT: Brad Hogin, General Counsel, and Gary Weisberg, Associate Counsel,
were present in Conference Rooms A & B.
PUBLIC COMMENTS:
None.
SPECIAL PRESENTATIONS:
1.EMPLOYEE SERVICE AWARDS 2022-2608
Originator: Kelly Lore
Vice-Chair Gallagher presented the following:
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BOARD OF DIRECTORS Minutes November 16, 2022
30-year Service Award
Jim Herberg, General Manager - Division 110
20-year Service Awards
Kurt Rathert, Plant Operator - Division 840
James Arthur, Power Plant Operator II - Division 870
REPORTS:
Vice-Chairman Gallagher thanked all for attending the State of OC San; announced that there
were approximately 125 attendees that varied from elected officials, community and business
members, and industry contacts; and referenced the program details. He stated that a link to
the OC San Annual Report was provided to those attended, made available on OC San's
website, and will be made available in the monthly Board talking points.
Vice-Chair Gallagher announced Commendations of Appreciation will be presented to the
outgoing Directors and Alternate Directors at the December 15 Board meeting. The Clerk will
send invitations to those members.
General Manager Jim Herberg reported that Assistant General Manager Lorenzo Tyner
provided an update on the rate study at the Steering Committee meeting, and additional
updates will be provided to the Committees and the Board of Directors in December. He further
stated that the Prop. 218 notice period will begin in February.
Mr. Herberg provided a brief update to the recent spill of approximately 10,000 gallons in
Newport Beach which closed a portion of the Newport Harbor for a few days. He stated that
staff is conducting an assessment and will provide an update to the Operations Committee in
December.
Mr. Herberg reminded the Board of the OC San Administrative Offices closures on Thursday,
November 24 and Friday, November 25 in observance of Thanksgiving; and stated the
December Steering and Board meetings will be held on Thursday, December 15.
Mr. Herberg requested that the meeting be adjourned in memory of Director Andrew Nguyen ’s
wife Jacquelyne who recently lost her battle from an extended illness.
CONSENT CALENDAR:
2.PROPOSED BOARD OF DIRECTORS & COMMITTEE MEETING
DATES FOR CALENDAR YEAR 2023
2022-2453
Originator: Kelly Lore
MOVED, SECONDED, AND DULY CARRIED TO:
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BOARD OF DIRECTORS Minutes November 16, 2022
Approve the calendar of meeting dates for the 2023 calendar year for the Board of
Directors and the following Committees: Administration, Legislative and Public Affairs,
Operations, and Steering.
AYES:Brad Avery, Kim Carr, Stephen Faessel, Ryan Gallagher, Marshall
Goodman, Patrick Harper, Johnathan Ryan Hernandez, Steve Jones,
Anthony Kuo, Sandra Massa-Lavitt, Paulo Morales, Jordan Nefulda
(Alternate), Andrew Nguyen, Kim Nichols, Robert Ooten, Glenn
Parker, David Shawver, Donald Wagner, John Withers and Chad
Zimmerman
NOES:None
ABSENT:Art Brown, Rose Espinoza, Brooke Jones, Jesus Silva and Chad
Wanke
ABSTENTIONS:None
3. APPROVAL OF MINUTES 2022-2609
Originator: Kelly Lore
MOVED, SECONDED, AND DULY CARRIED TO:
Approve Minutes of the Regular Board of Directors Meeting held October 26, 2022.
AYES:Brad Avery, Kim Carr, Stephen Faessel, Ryan Gallagher, Marshall
Goodman, Patrick Harper, Johnathan Ryan Hernandez, Steve Jones,
Anthony Kuo, Sandra Massa-Lavitt, Paulo Morales, Jordan Nefulda
(Alternate), Andrew Nguyen, Kim Nichols, Robert Ooten, Glenn
Parker, David Shawver, Donald Wagner, John Withers and Chad
Zimmerman
NOES:None
ABSENT:Art Brown, Rose Espinoza, Brooke Jones, Jesus Silva and Chad
Wanke
ABSTENTIONS:None
RECEIVE AND FILE:
4. COMMITTEE MEETING MINUTES 2022-2066
Originator: Kelly Lore
WITHOUT OBJECTION ACTION TAKEN TO RECEIVE AND FILE THE FOLLOWING:
A.Minutes of the Steering Committee Meeting held September 28, 2022B.Minutes of the Operations Committee Meeting held October 5, 2022
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BOARD OF DIRECTORS Minutes November 16, 2022
5.REPORT OF THE INVESTMENT TRANSACTIONS FOR THE MONTH
OF OCTOBER 2022
2022-2388
Originator: Lorenzo Tyner
WITHOUT OBJECTION ACTION TAKEN TO RECEIVE AND FILE THE FOLLOWING:
Report of the Investment Transactions for the month of October 2022.
OPERATIONS COMMITTEE:
6.SONAR INSPECTION OF LARGE-DIAMETER SEWERS AND
SIPHONS
2022-2621
Originator: Riaz Moinuddin
MOVED, SECONDED, AND DULY CARRIED TO:
A. Approve a General Services Contract to Pipe and Plant Solutions, Inc. to provide
Sonar Inspection Services, Specification No. S-2022-1327, for a total amount
not to exceed $344,949; and
B. Approve a contingency of $34,495 (10%).
AYES:Brad Avery, Kim Carr, Stephen Faessel, Ryan Gallagher, Marshall
Goodman, Patrick Harper, Johnathan Ryan Hernandez, Steve Jones,
Anthony Kuo, Sandra Massa-Lavitt, Paulo Morales, Jordan Nefulda
(Alternate), Andrew Nguyen, Kim Nichols, Robert Ooten, Glenn
Parker, David Shawver, Donald Wagner, John Withers and Chad
Zimmerman
NOES:None
ABSENT:Art Brown, Rose Espinoza, Brooke Jones, Jesus Silva and Chad
Wanke
ABSTENTIONS:None
7.PURCHASE OF SODIUM HYPOCHLORITE (BLEACH SOLUTION)
FOR ODOR CONTROL AND PLANT WATER DISINFECTION IN THE
TREATMENT PLANTS
2022-2622
Originator: Riaz Moinuddin
MOVED, SECONDED, AND DULY CARRIED TO:
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BOARD OF DIRECTORS Minutes November 16, 2022
A. Approve a Chemical Supplier Agreement to Olin Corporation dba Olin Chlor
Alkali Products and Vinyls for the purchase of Sodium Hypochlorite (Bleach),
Specification No. C-2022-1346BD, for the period beginning December 1, 2022
through May 31, 2023 for a unit price of $1.728 per gallon delivered, plus
applicable sales and excise tax, for a total estimated cost of $632,708;
B. Approve the option to renew the Chemical Supplier Agreement over a five-year
period, expiring November 30, 2027, with renewal terms not to exceed a
12-month term; and
C. Approve renewal adjustments of unit pricing with a not to exceed unit price of
$2.16/gallon (25%).
AYES:Brad Avery, Kim Carr, Stephen Faessel, Ryan Gallagher, Marshall
Goodman, Patrick Harper, Johnathan Ryan Hernandez, Steve Jones,
Anthony Kuo, Sandra Massa-Lavitt, Paulo Morales, Jordan Nefulda
(Alternate), Andrew Nguyen, Kim Nichols, Robert Ooten, Glenn
Parker, David Shawver, Donald Wagner, John Withers and Chad
Zimmerman
NOES:None
ABSENT:Art Brown, Rose Espinoza, Brooke Jones, Jesus Silva and Chad
Wanke
ABSTENTIONS:None
8.CONSTRUCTION OUTREACH SUPPORT SERVICES 2022-2623
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO:
A. Approve a Professional Consultant Services Agreement with Katz & Associates,
Inc. to provide Construction Outreach Support Services, Specification No.
CS-2022-1329BD, for a total amount not to exceed $450,000 for a three-year
term;
B. Approve a contingency of $45,000 (10%) for the first three-year term;
C. Approve two (2) one-year optional renewals for an annual amount not to exceed
$150,000 per year; and
D. Approve an annual contingency of $15,000 (10%) for each optional year.
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BOARD OF DIRECTORS Minutes November 16, 2022
AYES:Brad Avery, Kim Carr, Stephen Faessel, Ryan Gallagher, Marshall
Goodman, Patrick Harper, Johnathan Ryan Hernandez, Steve Jones,
Anthony Kuo, Sandra Massa-Lavitt, Paulo Morales, Jordan Nefulda
(Alternate), Andrew Nguyen, Kim Nichols, Robert Ooten, Glenn
Parker, David Shawver, Donald Wagner, John Withers and Chad
Zimmerman
NOES:None
ABSENT:Art Brown, Rose Espinoza, Brooke Jones, Jesus Silva and Chad
Wanke
ABSTENTIONS:None
9.REPLACEMENT OF GAS FLARE PIPING AT PLANT NO. 2 2022-2624
Originator: Riaz Moinuddin
MOVED, SECONDED, AND DULY CARRIED TO:
A. Approve a Purchase Order to Vicon Enterprise, Inc. for replacement of digester
gas piping to three gas flares at Plant No. 2, Specification No. S-2022-1365BD,
for a total amount not to exceed $ 285,000; and
B. Approve a contingency of $ 28,500 (10%).
AYES:Brad Avery, Kim Carr, Stephen Faessel, Ryan Gallagher, Marshall
Goodman, Patrick Harper, Johnathan Ryan Hernandez, Steve Jones,
Anthony Kuo, Sandra Massa-Lavitt, Paulo Morales, Jordan Nefulda
(Alternate), Andrew Nguyen, Kim Nichols, Robert Ooten, Glenn
Parker, David Shawver, Donald Wagner, John Withers and Chad
Zimmerman
NOES:None
ABSENT:Art Brown, Rose Espinoza, Brooke Jones, Jesus Silva and Chad
Wanke
ABSTENTIONS:None
10.CENGEN COOLING WATER PIPE REPLACEMENT AT PLANT NO. 2,
PROJECT NO. FE20-04
2022-2625
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO:
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BOARD OF DIRECTORS Minutes November 16, 2022
A. Receive and file Bid Tabulation and Recommendation for Cengen Cooling Water
Pipe Replacement at Plant No. 2, Project No. FE20-04;
B. Award a Construction Contract to Innovative Construction Solutions, Inc. for
Cengen Cooling Water Pipe Replacement at Plant No. 2, Project No. FE20-04,
for a total amount not to exceed $3,487,600; and
C. Approve a contingency of $348,760 (10%).
AYES:Brad Avery, Kim Carr, Stephen Faessel, Ryan Gallagher, Marshall
Goodman, Patrick Harper, Johnathan Ryan Hernandez, Steve Jones,
Anthony Kuo, Sandra Massa-Lavitt, Paulo Morales, Jordan Nefulda
(Alternate), Andrew Nguyen, Kim Nichols, Robert Ooten, Glenn
Parker, David Shawver, Donald Wagner, John Withers and Chad
Zimmerman
NOES:None
ABSENT:Art Brown, Rose Espinoza, Brooke Jones, Jesus Silva and Chad
Wanke
ABSTENTIONS:None
11.SEAL BEACH PUMP STATION REPLACEMENT, PROJECT NO. 3-67 2022-2626
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO:
A. Approve a project budget increase of $13,000,000 for Seal Beach Pump Station
Replacement, Project No. 3-67, for a new total project budget of $100,000,000;
and
B. Approve a contingency increase of $155,183 (2.6%) to the existing Professional
Design Services Agreement with Lee & Ro, Inc. for Seal Beach Pump Station
Replacement, Project No. 3-67, for a new total contingency amount of $749,968
(12.6%).
AYES:Brad Avery, Kim Carr, Stephen Faessel, Ryan Gallagher, Marshall
Goodman, Patrick Harper, Johnathan Ryan Hernandez, Steve Jones,
Anthony Kuo, Sandra Massa-Lavitt, Paulo Morales, Jordan Nefulda
(Alternate), Andrew Nguyen, Kim Nichols, Robert Ooten, Glenn
Parker, David Shawver, Donald Wagner, John Withers and Chad
Zimmerman
NOES:None
ABSENT:Art Brown, Rose Espinoza, Brooke Jones, Jesus Silva and Chad
Wanke
ABSTENTIONS:None
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BOARD OF DIRECTORS Minutes November 16, 2022
ADMINISTRATION COMMITTEE:
12.CONSOLIDATED FINANCIAL REPORT FOR THE FIRST QUARTER
ENDED SEPTEMBER 30, 2022
2022-2627
Originator: Lorenzo Tyner
MOVED, SECONDED, AND DULY CARRIED TO:
Receive and file the Orange County Sanitation District First Quarter Financial Report
for the period ended September 30, 2022.
AYES:Brad Avery, Kim Carr, Stephen Faessel, Ryan Gallagher, Marshall
Goodman, Patrick Harper, Johnathan Ryan Hernandez, Steve Jones,
Anthony Kuo, Sandra Massa-Lavitt, Paulo Morales, Jordan Nefulda
(Alternate), Andrew Nguyen, Kim Nichols, Robert Ooten, Glenn
Parker, David Shawver, Donald Wagner, John Withers and Chad
Zimmerman
NOES:None
ABSENT:Art Brown, Rose Espinoza, Brooke Jones, Jesus Silva and Chad
Wanke
ABSTENTIONS:None
13.GENERAL MANAGER APPROVED PURCHASES AND ADDITIONS
TO THE PRE-APPROVED OEM SOLE SOURCE LIST
2022-2628
Originator: Lorenzo Tyner
MOVED, SECONDED, AND DULY CARRIED TO:
A. Receive and file Orange County Sanitation District purchases made under the
General Manager’s authority for the period of July 1, 2022 to September 30,
2022; and
B. Approve the following additions to the pre-approved OEM Sole Source List:
·BEAMEX - Maintenance and Support for CMX Calibration Software and CMX
Business Bridge Software
·FORD HALL COMPANY INC. - Weir Wolf/Algae Sweep Automation
Cleaning Equipment Parts and Service
·MIDWAY MANUFACTURING & MACHINE - Custom Brackets & Fittings for
Vehicles / Electric Carts and Portable Equipment
·VAPEX ENVIRONMENTAL TECHNOLOGIES - SENTINEL Scrubber
Monitor/Controller Products
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BOARD OF DIRECTORS Minutes November 16, 2022
AYES:Brad Avery, Kim Carr, Stephen Faessel, Ryan Gallagher, Marshall
Goodman, Patrick Harper, Johnathan Ryan Hernandez, Steve Jones,
Anthony Kuo, Sandra Massa-Lavitt, Paulo Morales, Jordan Nefulda
(Alternate), Andrew Nguyen, Kim Nichols, Robert Ooten, Glenn
Parker, David Shawver, Donald Wagner, John Withers and Chad
Zimmerman
NOES:None
ABSENT:Art Brown, Rose Espinoza, Brooke Jones, Jesus Silva and Chad
Wanke
ABSTENTIONS:None
14.COOPERATIVE PROCUREMENT AGREEMENTS 2022-2629
Originator: Lorenzo Tyner
MOVED, SECONDED, AND DULY CARRIED TO:
Authorize the purchasing of information technology products, services, and solutions
utilizing Cooperative Procurement Agreements (CPA) such as, but not limited to,
OMNIA Partners Public Sector (formerly U.S. Communities), NASPO ValuePoint, and
U.S. General Services Administration GSA Schedule 70/ GSA Multiple Award
Schedule (MAS) for the period January 1, 2023 through December 31, 2023 for a total
amount not to exceed $2,000,000, in accordance with Ordinance No. OCSD-56,
Section 2.03(B) Cooperative Purchases, with two (2) one-year renewal options.
AYES:Brad Avery, Kim Carr, Stephen Faessel, Ryan Gallagher, Marshall
Goodman, Patrick Harper, Johnathan Ryan Hernandez, Steve Jones,
Anthony Kuo, Sandra Massa-Lavitt, Paulo Morales, Jordan Nefulda
(Alternate), Andrew Nguyen, Kim Nichols, Robert Ooten, Glenn
Parker, David Shawver, Donald Wagner, John Withers and Chad
Zimmerman
NOES:None
ABSENT:Art Brown, Rose Espinoza, Brooke Jones, Jesus Silva and Chad
Wanke
ABSTENTIONS:None
15.EMISSION REDUCTION CREDITS BROKER SOLICITATION 2022-2630
Originator: Lan Wiborg
MOVED, SECONDED, AND DULY CARRIED TO:
Approve the solicitation for an Emission Reduction Credits (ERCs) brokerage firm to
identify and secure a buyer(s) for the sale of surplus Reactive Organic Gases (ROG)
ERCs at the best available value and to handle all market evaluations of ERCs,
negotiations, and financial transactions with all appropriate parties.
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BOARD OF DIRECTORS Minutes November 16, 2022
AYES:Brad Avery, Kim Carr, Stephen Faessel, Ryan Gallagher, Marshall
Goodman, Patrick Harper, Johnathan Ryan Hernandez, Steve Jones,
Anthony Kuo, Sandra Massa-Lavitt, Paulo Morales, Jordan Nefulda
(Alternate), Andrew Nguyen, Kim Nichols, Robert Ooten, Glenn
Parker, David Shawver, Donald Wagner, John Withers and Chad
Zimmerman
NOES:None
ABSENT:Art Brown, Rose Espinoza, Brooke Jones, Jesus Silva and Chad
Wanke
ABSTENTIONS:None
16.ORANGE COUNTY SANITATION DISTRICT ANNUAL
COMPREHENSIVE FINANCIAL REPORT FOR THE YEAR END JUNE
30, 2022
2022-2631
Originator: Lorenzo Tyner
MOVED, SECONDED, AND DULY CARRIED TO:
Receive and file the Orange County Sanitation District’s (OC San) Annual
Comprehensive Financial Report (ACFR) for the year ended June 30, 2022, prepared
by staff and audited by Davis Farr, Certified Public Accountants, along with the
following reports prepared by Davis Farr:
1.Report to the Board of Directors;
2.Independent Accountants’ Report on Agreed-Upon Procedures Applied to
Appropriations Limit Worksheets; and
3.Report on Internal Control Over Financial Reporting and on Compliance and Other
Matters Based on an Audit of Financial Statements Performed in Accordance
With Government Auditing Standards.
AYES:Brad Avery, Kim Carr, Stephen Faessel, Ryan Gallagher, Marshall
Goodman, Patrick Harper, Johnathan Ryan Hernandez, Steve Jones,
Anthony Kuo, Sandra Massa-Lavitt, Paulo Morales, Jordan Nefulda
(Alternate), Andrew Nguyen, Kim Nichols, Robert Ooten, Glenn
Parker, David Shawver, Donald Wagner, John Withers and Chad
Zimmerman
NOES:None
ABSENT:Art Brown, Rose Espinoza, Brooke Jones, Jesus Silva and Chad
Wanke
ABSTENTIONS:None
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BOARD OF DIRECTORS Minutes November 16, 2022
LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE:
17.PUBLIC AFFAIRS UPDATE FOR THE MONTHS OF SEPTEMBER
AND OCTOBER 2022
2022-2633
Originator: Jim Herberg
MOVED, SECONDED, AND DULY CARRIED TO:
Receive and File the Public Affairs Update for the months of September and October
2022.
AYES:Brad Avery, Kim Carr, Stephen Faessel, Ryan Gallagher, Marshall
Goodman, Patrick Harper, Johnathan Ryan Hernandez, Steve Jones,
Anthony Kuo, Sandra Massa-Lavitt, Paulo Morales, Jordan Nefulda
(Alternate), Andrew Nguyen, Kim Nichols, Robert Ooten, Glenn
Parker, David Shawver, Donald Wagner, John Withers and Chad
Zimmerman
NOES:None
ABSENT:Art Brown, Rose Espinoza, Brooke Jones, Jesus Silva and Chad
Wanke
ABSTENTIONS:None
18.DRAFT 2023 LEGISLATIVE AND REGULATORY PLAN 2022-2634
Originator: Jim Herberg
MOVED, SECONDED, AND DULY CARRIED TO:
Approve the Orange County Sanitation District 2023 Legislative and Regulatory Plan.
AYES:Brad Avery, Kim Carr, Stephen Faessel, Ryan Gallagher, Marshall
Goodman, Patrick Harper, Johnathan Ryan Hernandez, Steve Jones,
Anthony Kuo, Sandra Massa-Lavitt, Paulo Morales, Jordan Nefulda
(Alternate), Andrew Nguyen, Kim Nichols, Robert Ooten, Glenn
Parker, David Shawver, Donald Wagner, John Withers and Chad
Zimmerman
NOES:None
ABSENT:Art Brown, Rose Espinoza, Brooke Jones, Jesus Silva and Chad
Wanke
ABSTENTIONS:None
19.LEGISLATIVE AFFAIRS UPDATE FOR THE MONTHS OF
SEPTEMBER AND OCTOBER 2022
2022-2635
Originator: Jim Herberg
MOVED, SECONDED, AND DULY CARRIED TO:
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BOARD OF DIRECTORS Minutes November 16, 2022
Receive and file the Legislative Affairs Update for the months of September and
October 2022.
AYES:Brad Avery, Kim Carr, Stephen Faessel, Ryan Gallagher, Marshall
Goodman, Patrick Harper, Johnathan Ryan Hernandez, Steve Jones,
Anthony Kuo, Sandra Massa-Lavitt, Paulo Morales, Jordan Nefulda
(Alternate), Andrew Nguyen, Kim Nichols, Robert Ooten, Glenn
Parker, David Shawver, Donald Wagner, John Withers and Chad
Zimmerman
NOES:None
ABSENT:Art Brown, Rose Espinoza, Brooke Jones, Jesus Silva and Chad
Wanke
ABSTENTIONS:None
STEERING COMMITTEE:
None.
NON-CONSENT:
20.CONTINUATION OF TELECONFERENCED PUBLIC MEETINGS 2022-2612
Originator: Jim Herberg
MOVED, SECONDED, AND DULY CARRIED TO:
Adopt Resolution No. OC SAN 22-35 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”.
AYES:Brad Avery, Kim Carr, Stephen Faessel, Ryan Gallagher, Marshall
Goodman, Patrick Harper, Johnathan Ryan Hernandez, Steve Jones,
Paulo Morales, Jordan Nefulda (Alternate), Andrew Nguyen, Kim
Nichols, Robert Ooten, Glenn Parker, David Shawver, Donald
Wagner, John Withers and Chad Zimmerman
NOES:Anthony Kuo and Sandra Massa-Lavitt
ABSENT:Art Brown, Rose Espinoza, Brooke Jones, Jesus Silva and Chad
Wanke
ABSTENTIONS:None
INFORMATION ITEMS:
None.
AB 1234 DISCLOSURE REPORTS:
None.
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BOARD OF DIRECTORS Minutes November 16, 2022
CLOSED SESSION:
CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION
54956.9(d)(1).
The Board convened in closed session at 6:24 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 EXISTING LITIGATION -
GOVERNMENT CODE SECTION 54956.9(d)(1)
2022-2632
CONVENED IN CLOSED SESSION:
Number of Cases: 2
A.Bayside Village Marina, LLC v. Orange County Sanitation District; Orange
County Sanitation District Board of Directors; and Does 1-25, Inclusive, Superior
Court of the State of California for the County of Orange - Central Justice Center
Case No. 30-2021-01194238-CU-WM-CXC.
B. 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 6:34 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:
None.
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BOARD OF DIRECTORS Minutes November 16, 2022
ADJOURNMENT:
At 6:35 p.m., Vice-Chair Gallagher adjourned the meeting until the Special Meeting of the
Board of Directors to be held on Thursday, December 15, 2022 at 6:00 p.m. in memory of
Director Andrew Nguyen’s wife Jacquelyne.
Submitted by:
__________________
Kelly A. Lore, MMC
Clerk of the Board
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