HomeMy WebLinkAbout01-25-2023 Board Meeting MinutesORANGE COUNTY SANITATION DISTRICT
MINUTES
BOARD OF DIRECTORS
JANUARY 25, 2023
Board Room
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
BOARD OF DIRECTORS Minutes January 25, 2023
CALL TO ORDER
A Regular meeting of the Board of Directors of the Orange County Sanitation District was
called to order by Board Chairman Chad Wanke on Wednesday, January 25, 2023 at 6:00
p.m. in the Administration Building of the Orange County Sanitation District. Director Christine
Marick delivered the invocation and led the Pledge of Allegiance.
1.APPOINTMENTS TO THE ORANGE COUNTY SANITATION DISTRICT
BOARD OF DIRECTORS
2023-2708
Originator: Kelly Lore
WITHOUT OBJECTION ACTION TAKEN TO RECEIVE AND FILE THE FOLLOWING:
Receive and file minute excerpts of member agencies relating to appointments to the
Orange County Sanitation District Board of Directors:
Agency Director Alternate Director
City of Brea Christine Marick Cecilia Hupp
City of Buena Park Susan Sonne Art Brown
City of Tustin Ryan Gallagher Austin Lumbard
City of Villa Park Robbie Pitts Jordan Wu
Board of Supervisors Doug Chaffee Donald P. Wagner
ROLL CALL AND DECLARATION OF QUORUM
The Clerk of the Board declared a quorum present as follows:
PRESENT:Brad Avery, Pat Burns, Doug Chaffee, Jon Dumitru, Rose Espinoza,
Stephen Faessel, Ryan Gallagher, Glenn Grandis, Phil Hawkins,
Johnathan Ryan Hernandez, Steve Jones, Farrah Khan, Christine
Marick, Sandra Massa-Lavitt, Scott Minikus, Jordan Nefulda, Andrew
Nguyen, Robert Ooten, Robbie Pitts, David Shawver, Susan Sonne,
Chad Wanke, Bruce Whitaker, John Withers and Debbie Baker
(Alternate)
ABSENT:None
STAFF PRESENT: Jim Herberg, General Manager; Rob Thompson, Assistant General
Manager; Lorenzo Tyner, Assistant General Manager; Kelly Lore, Clerk of the Board; Jennifer
Cabral and Mortimer Caparas 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; Tanya Chong; Daisy Covarrubias; Raul Cuellar; Justin Fenton; Beck Gass; Tina
Knapp; Laura Maravilla; Lori McKinley; Rob Michaels; Vanh Phonsiri; Olga Prado; Valerie
Ratto; Kevin Schuler; Wally Ritchie; Thomas Vu; Eros Yong; and Ruth Zintzun were present
telephonically.
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BOARD OF DIRECTORS Minutes January 25, 2023
OTHERS PRESENT: Brad Hogin, General Counsel, was present in the Board Room. Mike
Markus, OCWD; Jim Clark, Black & Veatch; Amber Baylor, South Orange County Wastewater
Authority; Jayne Joy, Santa Ana Regional Water Quality Control Board; Akaash; and Natalie
Herberg were in attendance telephonically.
PUBLIC COMMENTS:
None.
Clerk of the Board Kelly Lore stated that staff requested that Item No.16 be heard after
Closed Session.
SPECIAL PRESENTATIONS:
2.EMPLOYEE SERVICE AWARDS 2023-2701
Originator: Kelly Lore
Director of Environmental Services Lan Wiborg recognized Van Phonsiri for his
30-years of service at OC San. Chair Wanke recognized those who could not be in
attendance:
30-year Service Award
Vanh Phonsiri, Scientist - Division 630
20-year Service Awards
Hardat Khublall, Sr. Engineer - Division 750
Brandon Yokoyama, Environmental Technician - Division 630
3.RECOGNITION OF GENERAL MANAGER JAMES D. HERBERG 2023-2709
Originator: Kelly Lore
Chair Wanke asked staff to play a video created to celebrate the retirement of General
Manager Jim Herberg. Once concluded, the following agencies provided a
commendation or resolution recognizing Mr. Herberg for his over 30 years of dedicated
service to the Orange County Sanitation District:
Congressmen Lou Correa and Alan Lowenthal; Congresswoman Michelle Steel; US
Senators Dianne Feinstein and Alex Padilla; Assemblymen Phillip Chen and Tri Ta;
Assemblywomen Sharon Quirk-Silva, Diane Dixon, and Cottie Petri-Norris and State
Senators Bob Archuleta, Josh Newman, and Janet Nguyen; County of Orange Board of
Supervisor Chairman Donald P. Wagner; Orange County Business Council President
Jeffrey Ball; Orange County Water District General Manager Mike Markus; Santa Ana
Watershed Project Authority Chairman Bruce Whitaker; SCCWRP; Santa Ana
Regional Water Quality Board, Jayne Joy; SOCWA, Amber Baylor; Cities of Anaheim,
Brea, Buena Park, Fountain Valley, Garden Grove, Irvine, La Habra, Newport Beach,
Orange, Placentia, Santa Ana, Seal Beach, Stanton, and Tustin; Costa Mesa Sanitary
District; Irvine Ranch Water District; and Yorba Linda Water District.
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BOARD OF DIRECTORS Minutes January 25, 2023
Chair Wanke provided Mr. Herberg with an OC San Resolution recognizing him for his
contributions and dedication to public service as General Manager of the Orange
County Sanitation District on his retirement.
Mr. Herberg thanked and acknowledged everyone for their support and recognition. He
provided a few parting remarks.
REPORTS:
Chair Wanke announced that Special Board Meetings had been called on February 15, 2023
for OC San Board Orientation and on February 16, 2023 for a Virtual Tour of Plant No. 1, with
both meetings beginning at 3:00 p.m.
Chair Wanke stated that in person tours of Plant No. 1 will be held prior to the March
Operations and Administration Committee meetings and in person tours of Plant No. 2 will be
helf prior to the April Operations and Administration Committee meetings. These Special
meetings will begin at 3:00 p.m. for the tours, with the regular meetings of the Committees
beginning at 5:00 p.m.
Chair Wanke stated that the Clerk of the Board previously provided information regarding
vacancies on the OC San Committees. He thanked those who expressed interest or a
request. He further announced the following appointments:
Steering Committee: Jon Dumitru - Member-At-Large
GWRS Steering Committee: Pat Burns and Andrew Nguyen - Alternate members
Audit Ad Hoc Committee: Jon Dumitru, Bob Ooten and Bruce Whitaker - Members
SAWPA Joint Policy Committee: Pat Burns - Alternate member
NWRI: Jon Dumitru - Board delegate
Chair Wanke announced that talking points regarding OC San activities for use while reporting
out to councils, boards, and community groups will be provided tomorrow. He encouraged the
Directors to use this tool as a resource to communicate the activities going on at OC San. In
addition, with so many new Board Members, he extended an offer to have staff come and
present at an upcoming council or agency meeting. If interested, please let the Clerk know.
Mr. Herberg provided a brief report and reminder that the Governor’s Emergency COVID-19
Order expires at the end of February. He stated that all Committee and Board meetings will
resume in person starting in March.
Mr. Herberg also reported that OC San’s current five-year sewer fee rate schedule expires at
the end of the current fiscal year. As directed by the Board of Directors in December 2022,
Prop 218 notifications will be mailed to the affected property owners next week. The
notification will include the fee schedule with an increase of approximately 3.5 percent for
fiscal years 2023-24 through 2027-28, and will be posted on OC San's website in English,
Spanish, and Vietnamese.
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BOARD OF DIRECTORS Minutes January 25, 2023
CONSENT CALENDAR:
4.APPROVAL OF MINUTES 2023-2702
Originator: Kelly Lore
MOVED, SECONDED, AND DULY CARRIED TO:
Approve Minutes of the Special Board of Directors Meeting held December 15, 2022
and the Special Board of Directors Meeting held January 11, 2023.
AYES:Brad Avery, Pat Burns, Doug Chaffee, Jon Dumitru, Rose Espinoza,
Stephen Faessel, Ryan Gallagher, Glenn Grandis, Phil Hawkins,
Johnathan Ryan Hernandez, Steve Jones, Farrah Khan, Christine
Marick, Sandra Massa-Lavitt, Scott Minikus, Jordan Nefulda, Andrew
Nguyen, Robert Ooten, Robbie Pitts, David Shawver, Susan Sonne,
Chad Wanke, Bruce Whitaker, John Withers and Debbie Baker
(Alternate)
NOES:None
ABSENT:None
ABSTENTIONS:None
5.RESOLUTION NO. OC SAN 23-02 COMMENDING GENERAL
MANAGER JAMES D. HERBERG
2023-2710
Originator: Kelly Lore
MOVED, SECONDED, AND DULY CARRIED TO:
Adopt Resolution No. OC SAN 23-02, entitled: “A Resolution of the Board of Directors
of the Orange County Sanitation District commending James D. Herberg for his
outstanding contributions and dedication to public service as General Manager of the
Orange County Sanitation District”.
AYES:Brad Avery, Pat Burns, Doug Chaffee, Jon Dumitru, Rose Espinoza,
Stephen Faessel, Ryan Gallagher, Glenn Grandis, Phil Hawkins,
Johnathan Ryan Hernandez, Steve Jones, Farrah Khan, Christine
Marick, Sandra Massa-Lavitt, Scott Minikus, Jordan Nefulda, Andrew
Nguyen, Robert Ooten, Robbie Pitts, David Shawver, Susan Sonne,
Chad Wanke, Bruce Whitaker, John Withers and Debbie Baker
(Alternate)
NOES:None
ABSENT:None
ABSTENTIONS:None
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BOARD OF DIRECTORS Minutes January 25, 2023
6.OPERATIONS AND MAINTENANCE FACILITY IMPROVEMENTS AT
PLANT NO. 2, PROJECT NO. P2-138
2023-2705
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO:
A. Approve a Revised Professional Design Services Agreement with Stantec
Architecture Inc. to provide engineering services for Operations and
Maintenance Facility Improvements at Plant No. 2, Project No. P2-138, for an
amount not to exceed $7,914,529; and
B. Approve a contingency of $791,453 (10%).
AYES:Brad Avery, Pat Burns, Doug Chaffee, Jon Dumitru, Rose Espinoza,
Stephen Faessel, Ryan Gallagher, Glenn Grandis, Phil Hawkins,
Johnathan Ryan Hernandez, Steve Jones, Farrah Khan, Christine
Marick, Sandra Massa-Lavitt, Scott Minikus, Jordan Nefulda, Andrew
Nguyen, Robert Ooten, Robbie Pitts, David Shawver, Susan Sonne,
Chad Wanke, Bruce Whitaker, John Withers and Debbie Baker
(Alternate)
NOES:None
ABSENT:None
ABSTENTIONS:None
RECEIVE AND FILE:
7.COMMITTEE MEETING MINUTES 2023-2721
Originator: Kelly Lore
WITHOUT OBJECTION ACTION TAKEN TO RECEIVE AND FILE THE FOLLOWING:
A. Minutes of the Administration Committee Meeting held November 9, 2022
B. Minutes of the Legislative and Public Affairs Committee Meeting held November
14, 2022
C. Minutes of the Steering Committee Meeting held November 16, 2022
D. Minutes of the Operations Committee Meeting held December 7, 2022
8.REPORT OF THE INVESTMENT TRANSACTIONS FOR THE MONTH
OF DECEMBER 2022
2023-2714
Originator: Lorenzo Tyner
WITHOUT OBJECTION ACTION TAKEN TO RECEIVE AND FILE THE FOLLOWING:
Report of the Investment Transactions for the month of December 2022.
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BOARD OF DIRECTORS Minutes January 25, 2023
OPERATIONS COMMITTEE:
None.
ADMINISTRATION COMMITTEE:
None.
STEERING COMMITTEE:
9.PUBLIC AFFAIRS UPDATE FOR THE MONTHS OF NOVEMBER &
DECEMBER 2022 AND JANUARY 2023
2023-2750
Originator: Jim Herberg
MOVED, SECONDED, AND DULY CARRIED TO:
Receive and file the Public Affairs Update for the months of November & December
2022 and January 2023.
AYES:Brad Avery, Pat Burns, Doug Chaffee, Jon Dumitru, Rose Espinoza,
Stephen Faessel, Ryan Gallagher, Glenn Grandis, Phil Hawkins,
Johnathan Ryan Hernandez, Steve Jones, Farrah Khan, Christine
Marick, Sandra Massa-Lavitt, Scott Minikus, Jordan Nefulda, Andrew
Nguyen, Robert Ooten, Robbie Pitts, David Shawver, Susan Sonne,
Chad Wanke, Bruce Whitaker, John Withers and Debbie Baker
(Alternate)
NOES:None
ABSENT:None
ABSTENTIONS:None
10.LEGISLATIVE AFFAIRS UPDATE FOR THE MONTHS OF
NOVEMBER & DECEMBER 2022 AND JANUARY 2023
2023-2751
Originator: Jim Herberg
MOVED, SECONDED, AND DULY CARRIED TO:
Receive and file the Legislative Affairs Update for the months of November &
December 2022 and January 2023.
AYES:Brad Avery, Pat Burns, Doug Chaffee, Jon Dumitru, Rose Espinoza,
Stephen Faessel, Ryan Gallagher, Glenn Grandis, Phil Hawkins,
Johnathan Ryan Hernandez, Steve Jones, Farrah Khan, Christine
Marick, Sandra Massa-Lavitt, Scott Minikus, Jordan Nefulda, Andrew
Nguyen, Robert Ooten, Robbie Pitts, David Shawver, Susan Sonne,
Chad Wanke, Bruce Whitaker, John Withers and Debbie Baker
(Alternate)
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BOARD OF DIRECTORS Minutes January 25, 2023
NOES:None
ABSENT:None
ABSTENTIONS:None
11.GENERAL MANAGER’S FY 2022-2023 WORK PLAN MID-YEAR
UPDATE
2023-2752
Originator: Jim Herberg
MOVED, SECONDED, AND DULY CARRIED TO:
Receive and file the General Manager’s FY 2022-2023 Work Plan Mid-Year Update.
AYES:Brad Avery, Pat Burns, Doug Chaffee, Jon Dumitru, Rose Espinoza,
Stephen Faessel, Ryan Gallagher, Glenn Grandis, Phil Hawkins,
Johnathan Ryan Hernandez, Steve Jones, Farrah Khan, Christine
Marick, Sandra Massa-Lavitt, Scott Minikus, Jordan Nefulda, Andrew
Nguyen, Robert Ooten, Robbie Pitts, David Shawver, Susan Sonne,
Chad Wanke, Bruce Whitaker, John Withers and Debbie Baker
(Alternate)
NOES:None
ABSENT:None
ABSTENTIONS:None
12.DEFERRED COMPENSATION PLAN 457(b) ON BEHALF OF
ORANGE COUNTY SANITATION DISTRICT BOARD OF DIRECTORS
2023-2753
Originator: Lorenzo Tyner
MOVED, SECONDED, AND DULY CARRIED TO:
Adopt Resolution No. OC SAN 23-03 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:Brad Avery, Pat Burns, Doug Chaffee, Jon Dumitru, Rose Espinoza,
Stephen Faessel, Ryan Gallagher, Glenn Grandis, Phil Hawkins,
Johnathan Ryan Hernandez, Steve Jones, Farrah Khan, Christine
Marick, Sandra Massa-Lavitt, Scott Minikus, Jordan Nefulda, Andrew
Nguyen, Robert Ooten, Robbie Pitts, David Shawver, Susan Sonne,
Chad Wanke, Bruce Whitaker, John Withers and Debbie Baker
(Alternate)
NOES:None
ABSENT:None
ABSTENTIONS:None
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BOARD OF DIRECTORS Minutes January 25, 2023
13.DEFERRED PAYMENT AGREEMENT REQUEST FOR CHARGES
AND FEES OWED BY NOR-CAL BEVERAGE CO., INC. INDUSTRIAL
WASTEWATER DISCHARGE PERMITTEE
2023-2754
Originator: Lorenzo Tyner
MOVED, SECONDED, AND DULY CARRIED 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:Brad Avery, Pat Burns, Doug Chaffee, Jon Dumitru, Rose Espinoza,
Stephen Faessel, Ryan Gallagher, Glenn Grandis, Phil Hawkins,
Johnathan Ryan Hernandez, Steve Jones, Farrah Khan, Christine
Marick, Sandra Massa-Lavitt, Scott Minikus, Jordan Nefulda, Andrew
Nguyen, Robert Ooten, Robbie Pitts, David Shawver, Susan Sonne,
Chad Wanke, Bruce Whitaker, John Withers and Debbie Baker
(Alternate)
NOES:None
ABSENT:None
ABSTENTIONS:None
NON-CONSENT:
14.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
2023-2755
Originator: Celia Chandler
Chair Wanke described the recruitment and selection process and provided the
recommended action.
MOVED, SECONDED, AND DULY CARRIED TO:
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BOARD OF DIRECTORS Minutes January 25, 2023
A. Adopt Resolution No. OC SAN 23-04, 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:Brad Avery, Pat Burns, Doug Chaffee, Jon Dumitru, Rose Espinoza,
Stephen Faessel, Ryan Gallagher, Glenn Grandis, Phil Hawkins,
Johnathan Ryan Hernandez, Steve Jones, Farrah Khan, Christine
Marick, Sandra Massa-Lavitt, Scott Minikus, Jordan Nefulda, Andrew
Nguyen, Robert Ooten, Robbie Pitts, David Shawver, Susan Sonne,
Chad Wanke, Bruce Whitaker, John Withers and Debbie Baker
(Alternate)
NOES:None
ABSENT:None
ABSTENTIONS:None
15.CONTINUATION OF TELECONFERENCED PUBLIC MEETINGS 2023-2707
Originator: Kelly Lore
MOVED, SECONDED, AND DULY CARRIED TO:
Adopt Resolution No. OC SAN 23-05 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, Pat Burns, Doug Chaffee, Jon Dumitru, Rose Espinoza,
Stephen Faessel, Ryan Gallagher, Glenn Grandis, Phil Hawkins,
Johnathan Ryan Hernandez, Steve Jones, Farrah Khan, Christine
Marick, Sandra Massa-Lavitt, Scott Minikus, Jordan Nefulda, Andrew
Nguyen, Robert Ooten, Robbie Pitts, David Shawver, Susan Sonne,
Chad Wanke, Bruce Whitaker, John Withers and Debbie Baker
(Alternate)
NOES:None
ABSENT:None
ABSTENTIONS:None
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BOARD OF DIRECTORS Minutes January 25, 2023
INFORMATION ITEMS:
None.
AB 1234 DISCLOSURE REPORTS:
Director David Shawver reported on an upcoming OCCOG meeting.
Director Johnathan Ryan Hernandez left the meeting at approximately 7:18 p.m.
CLOSED SESSION:
CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS
54956.9 (d)(4) & 54956.9(d)(2).
The Board convened in closed session at 7:17 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)
2023-2756
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)
2023-2757
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 Board reconvened in regular session at 8:26 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 January 25, 2023
16. CONTROL CENTER OFFICES & DAY TRAINING ROOM
REMODELING AT PLANT NO. 1 PROJECT NO. FR1-0007
2023-2718
Originator: Lorenzo Tyner
MOVED, SECONDED, AND DULY CARRIED TO:
Receive, file, and deny the claim submitted by Counsel for Thomas Solar Energy dated
December 15, 2022 for Control Center Offices & Day Training Room Remodeling at
Plant No. 1, Project No. FR1-0007.
AYES:Brad Avery, Pat Burns, Doug Chaffee, Jon Dumitru, Rose Espinoza,
Stephen Faessel, Ryan Gallagher, Glenn Grandis, Phil Hawkins,
Steve Jones, Farrah Khan, Christine Marick, Sandra Massa-Lavitt,
Scott Minikus, Jordan Nefulda, Robert Ooten, Robbie Pitts, David
Shawver, Susan Sonne, Chad Wanke, Bruce Whitaker, John Withers
and Debbie Baker (Alternate)
NOES:None
ABSENT:Johnathan Ryan Hernandez
ABSTENTIONS:Andrew Nguyen
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY:
None.
BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING:
None.
ADJOURNMENT:
At 8:30 p.m., Chair Wanke adjourned the meeting until the Special meeting of the Board of
Directors (Board Member Orientation) to be held on Wednesday, February 15, 2023 at 3:00
p.m.
Submitted by:
__________________
Kelly A. Lore, MMC
Clerk of the Board
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