HomeMy WebLinkAbout02-22-2023 Board Meeting MinutesORANGE COUNTY SANITATION DISTRICT
MINUTES
BOARD OF DIRECTORS
FEBRUARY 22, 2023
Board Room
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
BOARD OF DIRECTORS Minutes February 22, 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, February 22, 2023 at 6:07
p.m. in the Administration Building of the Orange County Sanitation District. Director Susan
Sonne 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:Pat Burns, Doug Chaffee, Jon Dumitru, Rose Espinoza, Stephen
Faessel, Ryan Gallagher, Marshall Goodman, Glenn Grandis, Phil
Hawkins, Johnathan Ryan Hernandez, Farrah Khan, Christine Marick,
Sandra Massa-Lavitt, Scott Minikus, Andrew Nguyen, Robert Ooten,
Robbie Pitts, David Shawver, Susan Sonne, Chad Wanke and John
Withers
ABSENT:Brad Avery, Steve Jones, Jordan Nefulda and Bruce Whitaker
STAFF PRESENT: Rob Thompson, General Manager; Lorenzo Tyner, Assistant General
Manager; Celia Chandler, Director of Human Resources; Kelly Lore, Clerk of the Board; Mo
Abiodun; and Thomas Vu were present in the Board Room. Kathy Millea, Director of
Engineering; Riaz Moinuddin, Director of Operations and Maintenance; Lan Wiborg, Director
of Environmental Services; Jennifer Cabral; Raul Cuellar; Michael Dorman; Justin Fenton;
Beck Gass; Tina Knapp; Rebecca Long; Laura Maravilla; Shallee Milligan; Cindy Murra;
Valerie Ratto; Wally Ritchie; Kevin Schuler; Todd Waltz; Eros Yong; and Ruth Zintzun were
present telephonically.
OTHERS PRESENT: Brad Hogin, General Counsel; and Caroline Byrne and Gary Weisberg,
Associate Counsel, were present in the Board Room. Jesus Gaona Perez was present
telephonically.
PUBLIC COMMENTS:
None.
SPECIAL PRESENTATIONS:
1.COMMENDATIONS TO OUTGOING BOARD MEMBERS 2023-2745
Originator: Kelly Lore
Chair Wanke provided a Special Presentation to outgoing Board Member Sandra
Massa-Lavitt from the city of Seal Beach.
2.EMPLOYEE SERVICE AWARDS 2023-2794
Originator: Kelly Lore
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BOARD OF DIRECTORS Minutes February 22, 2023
Chair Wanke acknowledged and thanked the following for their service to OC San.
30-year Service Award
Dionne Kardos, Data Management Tech II - Division 250
20-year Service Awards
Tim Hopkins, Senior Mechanic - Division 880
Ernest Ruckman, Sr. Environmental Specialist - Division 630
REPORTS:
Chair Wanke thanked those who attended the Board Orientation and Virtual Tour held last
week and announced that a Special Board of Directors meeting will be held on Wednesday,
March 15 at 3:00 p.m. to continue Board Orientation with a "Meet the Executive Management
Team". Chair Wanke also announced upcoming in person tours of Plant No .1 and Plant No.
2 that will take place in March and April prior to the Operations and Administration Committee
meetings.
Chair Wanke reported on the Sewer Service Fee notification process and stated that OC
San’s current five-year sewer fee rate schedule will expire at the end of the current fiscal year.
He reported that Proposition 218 notifications were mailed to affected property owners and
posted on OC San's website and stated the fee schedule increase is approximately 3.5
percent for fiscal years 2023-24 through 2027-28.
Chair Wanke reminded the Directors that they will receive talking points regarding OC San
activities to use while reporting out to their councils, boards, and community groups. He also
extended an offer for OC San staff to provide a presentation at any upcoming council/agency
meetings.
Chair Wanke reported that the new Directors and Alternate Directors received parking passes
and security badges to enter OC San and reminded the Director that, while onsite, to wear the
badge.
General Manager Rob Thompson reported that the Governor’s Emergency COVID-19 Order
expires at the end of February and that all OC San Committee and Board meetings will be in
person beginning on March 1. He stated that if a Director is unable to attend any meeting, to
please notify their Alternate Director and the Clerk of the Board.
Director John Withers departed the meeting at 6:18 p.m.
CONSENT CALENDAR:
3.APPROVAL OF MINUTES 2023-2795
Originator: Kelly Lore
MOVED, SECONDED, AND DULY CARRIED TO:
Page 2 of 15
BOARD OF DIRECTORS Minutes February 22, 2023
Approve minutes of the Regular meeting of the Board of Directors held January 25,
2023.
AYES:Pat Burns, Doug Chaffee, Jon Dumitru, Rose Espinoza, Stephen
Faessel, Ryan Gallagher, Marshall Goodman, Glenn Grandis, Phil
Hawkins, Johnathan Ryan Hernandez, Farrah Khan, Christine Marick,
Sandra Massa-Lavitt, Scott Minikus, Andrew Nguyen, Robert Ooten,
Robbie Pitts, David Shawver, Susan Sonne and Chad Wanke
NOES:None
ABSENT:Brad Avery, Steve Jones, Jordan Nefulda, Bruce Whitaker and John
Withers
ABSTENTIONS:None
4.2023 CONFLICT OF INTEREST CODE 2023-2793
Originator: Kelly Lore
MOVED, SECONDED, AND DULY CARRIED TO:
Adopt Resolution No. OC SAN 23-06, entitled: “A Resolution of the Board of Directors
of Orange County Sanitation District adopting a Conflict of Interest Code which
supersedes all prior Conflict of Interest Codes and amendments previously adopted”.
AYES:Pat Burns, Doug Chaffee, Jon Dumitru, Rose Espinoza, Stephen
Faessel, Ryan Gallagher, Marshall Goodman, Glenn Grandis, Phil
Hawkins, Johnathan Ryan Hernandez, Farrah Khan, Christine Marick,
Sandra Massa-Lavitt, Scott Minikus, Andrew Nguyen, Robert Ooten,
Robbie Pitts, David Shawver, Susan Sonne and Chad Wanke
NOES:None
ABSENT:Brad Avery, Steve Jones, Jordan Nefulda, Bruce Whitaker and John
Withers
ABSTENTIONS:None
5.DESIGNATION OF APPLICANT’S AGENT FOR DISASTER RELIEF 2023-2814
Originator: Kelly Lore
MOVED, SECONDED, AND DULY CARRIED TO:
Adopt Resolution No. OC SAN 23-07, entitled: “A Resolution of the Board of Directors
of the Orange County Sanitation District authorizing the General Manager, or Assistant
General Manager, or the Director of Operations and Maintenance to Execute State
Office of Emergency Services and/or Federal Emergency Management Agency
Documents and Relevant Permit Applications for Present and Future Disaster Relief
Applications; and Repealing Resolution No. OC SAN 22-06”.
Page 3 of 15
BOARD OF DIRECTORS Minutes February 22, 2023
AYES:Pat Burns, Doug Chaffee, Jon Dumitru, Rose Espinoza, Stephen
Faessel, Ryan Gallagher, Marshall Goodman, Glenn Grandis, Phil
Hawkins, Johnathan Ryan Hernandez, Farrah Khan, Christine Marick,
Sandra Massa-Lavitt, Scott Minikus, Andrew Nguyen, Robert Ooten,
Robbie Pitts, David Shawver, Susan Sonne and Chad Wanke
NOES:None
ABSENT:Brad Avery, Steve Jones, Jordan Nefulda, Bruce Whitaker and John
Withers
ABSTENTIONS:None
RECEIVE AND FILE:
6.REPORT OF THE INVESTMENT TRANSACTIONS FOR THE MONTH
OF JANUARY 2023
2023-2717
Originator: Lorenzo Tyner
WITHOUT OBJECTION ACTION TAKEN TO RECEIVE AND FILE THE FOLLOWING:
Report of the Investment Transactions for the month of January 2023.
7.COMMITTEE MEETING MINUTES 2023-2722
Originator: Kelly Lore
WITHOUT OBJECTION ACTION TAKEN TO RECEIVE AND FILE THE FOLLOWING:
A.Minutes of the GWRS Steering Committee Meeting held October 10, 2022
B.Minutes of the Operations Committee Meeting held December 7, 2022
C.Minutes of the Administration Committee Meeting held December 14, 2022
D.Minutes of the Steering Committee Meeting held December 15, 2022
OPERATIONS COMMITTEE:
8.UNINTERRUPTIBLE POWER SUPPLY IMPROVEMENTS AT PLANT
NO. 1, PROJECT NO. P1-132
2023-2784
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO:
A. Approve a Professional Construction Services Agreement with Tetra Tech, Inc.
to provide construction support services for Uninterruptible Power Supply
Improvements at Plant No. 1, Project No. P1-132, for an amount not to exceed
$217,830; and
B. Approve a contingency of $21,783 (10%).
Page 4 of 15
BOARD OF DIRECTORS Minutes February 22, 2023
AYES:Pat Burns, Doug Chaffee, Jon Dumitru, Rose Espinoza, Stephen
Faessel, Ryan Gallagher, Marshall Goodman, Glenn Grandis, Phil
Hawkins, Johnathan Ryan Hernandez, Farrah Khan, Christine Marick,
Sandra Massa-Lavitt, Scott Minikus, Andrew Nguyen, Robert Ooten,
Robbie Pitts, David Shawver, Susan Sonne and Chad Wanke
NOES:None
ABSENT:Brad Avery, Steve Jones, Jordan Nefulda, Bruce Whitaker and John
Withers
ABSTENTIONS:None
9.NEWPORT BEACH PUMP STATION PRESSURIZATION
IMPROVEMENTS, PROJECT NO. 5-68
2023-2785
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO:
A. Receive and file Bid Tabulation and Recommendation for Newport Beach Pump
Station Pressurization Improvements, Project No. 5-68;
B. Award a Construction Contract to Innovative Construction Solutions for Newport
Beach Pump Station Pressurization Improvements, Project No. 5-68, for an
amount not to exceed $937,500; and
C. Approve a contingency of $93,750 (10%).
AYES:Pat Burns, Doug Chaffee, Jon Dumitru, Rose Espinoza, Stephen
Faessel, Ryan Gallagher, Marshall Goodman, Glenn Grandis, Phil
Hawkins, Johnathan Ryan Hernandez, Farrah Khan, Christine Marick,
Sandra Massa-Lavitt, Scott Minikus, Andrew Nguyen, Robert Ooten,
Robbie Pitts, David Shawver, Susan Sonne and Chad Wanke
NOES:None
ABSENT:Brad Avery, Steve Jones, Jordan Nefulda, Bruce Whitaker and John
Withers
ABSTENTIONS:None
10.CAD DESIGN MANUAL UPDATE FOR 3D DESIGN, PROJECT NO.
PS21-05
2023-2786
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO:
A. Approve a Professional Services Agreement with The Austin Company to
provide support services for CAD Design Manual Update for 3D Design, Project
No. PS21-05, for a total amount not to exceed $416,000; and
B. Approve a contingency of $41,600 (10%).
Page 5 of 15
BOARD OF DIRECTORS Minutes February 22, 2023
AYES:Pat Burns, Doug Chaffee, Jon Dumitru, Rose Espinoza, Stephen
Faessel, Ryan Gallagher, Marshall Goodman, Glenn Grandis, Phil
Hawkins, Johnathan Ryan Hernandez, Farrah Khan, Christine Marick,
Sandra Massa-Lavitt, Scott Minikus, Andrew Nguyen, Robert Ooten,
Robbie Pitts, David Shawver, Susan Sonne and Chad Wanke
NOES:None
ABSENT:Brad Avery, Steve Jones, Jordan Nefulda, Bruce Whitaker and John
Withers
ABSTENTIONS:None
11.HEADWORKS PHASE 3 CABLE REPLACEMENT AT PLANT NO. 2,
PROJECT NO. FR2-0026
2023-2787
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO:
A. Find that Headworks Phase 3 Cable Replacement at Plant No. 2, Project No.
FR2-0026, is exempt from CEQA under the Class 1 categorical exemptions set
forth in California Code of Regulations Section 15301 and authorize staff to file a
Notice of Exemption with the OC Clerk-Recorder;
B. Receive and file Bid Tabulation and Recommendation for Headworks Phase 3
Cable Replacement at Plant No. 2, Project No. FR2-0026;
C. Award a Construction Contract to ACS Engineering Inc. for Headworks Phase 3
Cable Replacement at Plant No. 2, Project No. FR2-0026; for a total amount not
to exceed $575,360; and
D. Approve a contingency of $115,072 (20%).
AYES:Pat Burns, Doug Chaffee, Jon Dumitru, Rose Espinoza, Stephen
Faessel, Ryan Gallagher, Marshall Goodman, Glenn Grandis, Phil
Hawkins, Johnathan Ryan Hernandez, Farrah Khan, Christine Marick,
Sandra Massa-Lavitt, Scott Minikus, Andrew Nguyen, Robert Ooten,
Robbie Pitts, David Shawver, Susan Sonne and Chad Wanke
NOES:None
ABSENT:Brad Avery, Steve Jones, Jordan Nefulda, Bruce Whitaker and John
Withers
ABSTENTIONS:None
12.GENERAL AND SEMI-SKILLED LABOR REPAIRS, SPECIFICATION
NO. S-2022-1370BD
2023-2788
Originator: Riaz Moinuddin
MOVED, SECONDED, AND DULY CARRIED TO:
Page 6 of 15
BOARD OF DIRECTORS Minutes February 22, 2023
A. Approve a Purchase Order Contract to Tiano Construction, Inc. (as the Primary
Contractor) and MPK Solutions (as the Secondary Contractor) to provide
General and Semi-Skilled Labor Repairs, Specification No. S-2022-1370BD, for
a total amount not to exceed $300,000 for the period beginning March 1, 2023
through February 29, 2024, with four (4) one-year renewal options; and
B. Approve an annual contingency of $30,000 (10%).
AYES:Pat Burns, Doug Chaffee, Jon Dumitru, Rose Espinoza, Stephen
Faessel, Ryan Gallagher, Marshall Goodman, Glenn Grandis, Phil
Hawkins, Johnathan Ryan Hernandez, Farrah Khan, Christine Marick,
Sandra Massa-Lavitt, Scott Minikus, Andrew Nguyen, Robert Ooten,
Robbie Pitts, David Shawver, Susan Sonne and Chad Wanke
NOES:None
ABSENT:Brad Avery, Steve Jones, Jordan Nefulda, Bruce Whitaker and John
Withers
ABSTENTIONS:None
13. FLEET VEHICLE REPLACEMENT PURCHASE RATIFICATION 2023-2789
Originator: Riaz Moinuddin
MOVED, SECONDED, AND DULY CARRIED TO:
Ratify the authorization given to the General Manager and Purchasing Manager to
allow flexibility in the vehicle type/class quantity and funding while not exceeding the
approved budgeted total amount of $1,330,300. This will ensure the available
replacement vehicles needed to sustain the fleet can be procured through the issued
purchase orders with the following breakdown:
A. Replacement vehicles for OC San's fleet as originally approved in the adopted
fiscal year 2022/23 budget in the amounts of:
·Two light-duty trucks - $78,760
·Two medium-duty utility trucks - $200,518
B. Replacement vehicles for OC San's fleet as originally approved in the adopted fiscal
year 2021/22 budget in the remaining amounts of:
·One medium-duty truck - $60,095
·One heavy-duty truck - $162,113
·Eight Hybrid SUV’s (AWD) - $357,818
·Two light-duty trucks - $137,161
AYES:Pat Burns, Doug Chaffee, Jon Dumitru, Rose Espinoza, Stephen
Faessel, Ryan Gallagher, Marshall Goodman, Glenn Grandis, Phil
Hawkins, Johnathan Ryan Hernandez, Farrah Khan, Christine Marick,
Sandra Massa-Lavitt, Scott Minikus, Andrew Nguyen, Robert Ooten,
Robbie Pitts, David Shawver, Susan Sonne and Chad Wanke
Page 7 of 15
BOARD OF DIRECTORS Minutes February 22, 2023
NOES:None
ABSENT:Brad Avery, Steve Jones, Jordan Nefulda, Bruce Whitaker and John
Withers
ABSTENTIONS:None
14.OCEAN OUTFALL CONDITION ASSESSMENT AND SCOPING
STUDY, PROJECT NO. PS18-09
2023-2790
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO:
Approve a contingency increase of $1,097,600 (40%) to the Professional Services
Agreement with Carollo Engineers, Inc. for Ocean Outfall Condition Assessment and
Scoping Study, Project No. PS18-09, for a total contingency of $2,195,200 (80%).
AYES:Pat Burns, Doug Chaffee, Jon Dumitru, Rose Espinoza, Stephen
Faessel, Ryan Gallagher, Marshall Goodman, Glenn Grandis, Phil
Hawkins, Johnathan Ryan Hernandez, Farrah Khan, Christine Marick,
Sandra Massa-Lavitt, Scott Minikus, Andrew Nguyen, Robert Ooten,
Robbie Pitts, David Shawver, Susan Sonne and Chad Wanke
NOES:None
ABSENT:Brad Avery, Steve Jones, Jordan Nefulda, Bruce Whitaker and John
Withers
ABSTENTIONS:None
15.LIQUID FERRIC CHLORIDE SPECIFICATION NO. C-2019-1037BD
CONTINGENCY INCREASE
2023-2791
Originator: Riaz Moinuddin
MOVED, SECONDED, AND DULY CARRIED TO:
A. Approve a unit price contingency of $226 per dry ton (27%) to the Liquid Ferric
Chloride Agreement with Pencco, Inc., Specification No.C-2019-1037BD, for the
period beginning March 1, 2023 through June 30, 2023. New unit cost not to
exceed $1,075 per dry ton delivered; and
B. Approve a unit price contingency of $310 per dry ton (32%) to the liquid Ferric
Chloride Agreement with Kemira, Inc., Specification No.C-2019-1037BD, for the
period beginning March 1, 2023 through June 30, 2023. New unit cost not to
exceed $1,274.47 per dry ton delivered.
AYES:Pat Burns, Doug Chaffee, Jon Dumitru, Rose Espinoza, Stephen
Faessel, Ryan Gallagher, Marshall Goodman, Glenn Grandis, Phil
Hawkins, Johnathan Ryan Hernandez, Farrah Khan, Christine Marick,
Sandra Massa-Lavitt, Scott Minikus, Andrew Nguyen, Robert Ooten,
Robbie Pitts, David Shawver, Susan Sonne and Chad Wanke
NOES:None
Page 8 of 15
BOARD OF DIRECTORS Minutes February 22, 2023
ABSENT:Brad Avery, Steve Jones, Jordan Nefulda, Bruce Whitaker and John
Withers
ABSTENTIONS:None
16.LONG LEAD TIME AUDIO VISUAL EQUIPMENT PURCHASE FOR
HEADQUARTERS COMPLEX AT PLANT NO. 1, PROJECT NO.
P1-128A
2023-2792
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO:
Approve a Purchase Order to AVI-SPL LLC for the purchase of Audio Visual
Equipment, Specification No. E-2022-1374BD, for a total amount not to exceed
$911,309 plus applicable sales tax.
AYES:Pat Burns, Doug Chaffee, Jon Dumitru, Rose Espinoza, Stephen
Faessel, Ryan Gallagher, Marshall Goodman, Glenn Grandis, Phil
Hawkins, Johnathan Ryan Hernandez, Farrah Khan, Christine Marick,
Sandra Massa-Lavitt, Scott Minikus, Andrew Nguyen, Robert Ooten,
Robbie Pitts, David Shawver, Susan Sonne and Chad Wanke
NOES:None
ABSENT:Brad Avery, Steve Jones, Jordan Nefulda, Bruce Whitaker and John
Withers
ABSTENTIONS:None
ADMINISTRATION COMMITTEE:
17.MID-YEAR FINANCIAL REPORT FOR THE PERIOD ENDED
DECEMBER 31, 2022
2023-2804
Originator: Lorenzo Tyner
MOVED, SECONDED, AND DULY CARRIED TO:
Receive and file the Orange County Sanitation District Mid-Year Financial Report for
the period ended December 31, 2022.
AYES:Pat Burns, Doug Chaffee, Jon Dumitru, Rose Espinoza, Stephen
Faessel, Ryan Gallagher, Marshall Goodman, Glenn Grandis, Phil
Hawkins, Johnathan Ryan Hernandez, Farrah Khan, Christine Marick,
Sandra Massa-Lavitt, Scott Minikus, Andrew Nguyen, Robert Ooten,
Robbie Pitts, David Shawver, Susan Sonne and Chad Wanke
NOES:None
ABSENT:Brad Avery, Steve Jones, Jordan Nefulda, Bruce Whitaker and John
Withers
ABSTENTIONS:None
Page 9 of 15
BOARD OF DIRECTORS Minutes February 22, 2023
18.GENERAL MANAGER APPROVED PURCHASES AND ADDITIONS
TO THE PRE-APPROVED OEM SOLE SOURCE LIST
2023-2805
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 October 1, 2022 to December 31,
2022; and
B. Approve the following additions to the pre-approved OEM Sole Source List:
l AMETEK SPECTRO SCIENTIFIC - FluidScan Lubricant Condition Monitor
Equipment, Parts, Accessories, and Repairs
AYES:Pat Burns, Doug Chaffee, Jon Dumitru, Rose Espinoza, Stephen
Faessel, Ryan Gallagher, Marshall Goodman, Glenn Grandis, Phil
Hawkins, Johnathan Ryan Hernandez, Farrah Khan, Christine Marick,
Sandra Massa-Lavitt, Scott Minikus, Andrew Nguyen, Robert Ooten,
Robbie Pitts, David Shawver, Susan Sonne and Chad Wanke
NOES:None
ABSENT:Brad Avery, Steve Jones, Jordan Nefulda, Bruce Whitaker and John
Withers
ABSTENTIONS:None
STEERING COMMITTEE:
19.PUBLIC AFFAIRS UPDATE FOR THE MONTHS OF JANUARY AND
FEBRUARY 2023
2023-2820
Originator: Rob Thompson
MOVED, SECONDED, AND DULY CARRIED TO:
Receive and file the Public Affairs Update for the months of January and February
2023.
AYES:Pat Burns, Doug Chaffee, Jon Dumitru, Rose Espinoza, Stephen
Faessel, Ryan Gallagher, Marshall Goodman, Glenn Grandis, Phil
Hawkins, Johnathan Ryan Hernandez, Farrah Khan, Christine Marick,
Sandra Massa-Lavitt, Scott Minikus, Andrew Nguyen, Robert Ooten,
Robbie Pitts, David Shawver, Susan Sonne and Chad Wanke
NOES:None
ABSENT:Brad Avery, Steve Jones, Jordan Nefulda, Bruce Whitaker and John
Withers
ABSTENTIONS:None
Page 10 of 15
BOARD OF DIRECTORS Minutes February 22, 2023
20. LEGISLATIVE AFFAIRS UPDATE FOR THE MONTHS OF JANUARY
AND FEBRUARY 2023
2023-2821
Originator: Rob Thompson
MOVED, SECONDED, AND DULY CARRIED TO:
Receive and file the Legislative Affairs Update for the months of January and February
2023.
AYES:Pat Burns, Doug Chaffee, Jon Dumitru, Rose Espinoza, Stephen
Faessel, Ryan Gallagher, Marshall Goodman, Glenn Grandis, Phil
Hawkins, Johnathan Ryan Hernandez, Farrah Khan, Christine Marick,
Sandra Massa-Lavitt, Scott Minikus, Andrew Nguyen, Robert Ooten,
Robbie Pitts, David Shawver, Susan Sonne and Chad Wanke
NOES:None
ABSENT:Brad Avery, Steve Jones, Jordan Nefulda, Bruce Whitaker and John
Withers
ABSTENTIONS:None
21.PUBLIC AFFAIRS STRATEGIC PLAN FOR FISCAL YEARS 2022-2024
MID-YEAR UPDATE
2023-2822
Originator: Rob Thompson
MOVED, SECONDED, AND DULY CARRIED TO:
Receive and file the Public Affairs Strategic Plan for Fiscal Years 2022- 2024 Mid-year
Update.
AYES:Pat Burns, Doug Chaffee, Jon Dumitru, Rose Espinoza, Stephen
Faessel, Ryan Gallagher, Marshall Goodman, Glenn Grandis, Phil
Hawkins, Johnathan Ryan Hernandez, Farrah Khan, Christine Marick,
Sandra Massa-Lavitt, Scott Minikus, Andrew Nguyen, Robert Ooten,
Robbie Pitts, David Shawver, Susan Sonne and Chad Wanke
NOES:None
ABSENT:Brad Avery, Steve Jones, Jordan Nefulda, Bruce Whitaker and John
Withers
ABSTENTIONS:None
NON-CONSENT:
22. PROPOSED ORDINANCE ADOPTING REGIONAL SEWER SERVICE
CHARGES
2023-2806
Originator: Lorenzo Tyner
Assistant General Manager Lorenzo Tyner provided an overview of the proposed
Ordinances.
Page 11 of 15
BOARD OF DIRECTORS Minutes February 22, 2023
MOVED, SECONDED, AND DULY CARRIED TO:
A. Motion to read Ordinance No. OC SAN-58 by title only and waive reading of said
entire Ordinance;
B. Introduce Ordinance No. OC SAN-58 entitled, “An Ordinance of the Board of
Directors of Orange County Sanitation District Adopting Regional Sewer Service
Charges and Repealing Ordinance No. OCSD-49”; and
C. Set March 22, 2023 as the date of the Public Hearing to hear protests and for
the second reading of the Ordinance No. OC SAN-58.
AYES:Pat Burns, Doug Chaffee, Jon Dumitru, Rose Espinoza, Stephen
Faessel, Ryan Gallagher, Marshall Goodman, Glenn Grandis, Phil
Hawkins, Johnathan Ryan Hernandez, Farrah Khan, Christine Marick,
Sandra Massa-Lavitt, Scott Minikus, Andrew Nguyen, Robert Ooten,
Robbie Pitts, David Shawver, Susan Sonne and Chad Wanke
NOES:None
ABSENT:Brad Avery, Steve Jones, Jordan Nefulda, Bruce Whitaker and John
Withers
ABSTENTIONS:None
Director Johnathan Ryan Hernandez departed the meeting at 6:25 p.m.
23.PROPOSED ORDINANCE ADOPTING CAPITAL FACILITIES
CAPACITY CHARGES
2023-2807
Originator: Lorenzo Tyner
MOVED, SECONDED, AND DULY CARRIED TO:
A. Motion to read Ordinance No. OC SAN-59 by title only and waive reading of said
entire Ordinance;
B. Introduce Ordinance No. OC SAN-59 entitled, “An Ordinance of the Board of the
Orange County Sanitation District Adopting Capital Facilities Capacity Charges,
and Repealing Ordinance No. OCSD-57”; and
C. Set March 22, 2023 as the date of the Public Hearing to hear protests and for
the second reading of Ordinance No. OC SAN-59.
AYES:Pat Burns, Doug Chaffee, Jon Dumitru, Rose Espinoza, Stephen
Faessel, Ryan Gallagher, Marshall Goodman, Glenn Grandis, Phil
Hawkins, Farrah Khan, Christine Marick, Sandra Massa-Lavitt, Scott
Minikus, Andrew Nguyen, Robert Ooten, Robbie Pitts, David
Shawver, Susan Sonne and Chad Wanke
NOES:None
Page 12 of 15
BOARD OF DIRECTORS Minutes February 22, 2023
ABSENT:Brad Avery, Johnathan Ryan Hernandez, Steve Jones, Jordan
Nefulda, Bruce Whitaker and John Withers
ABSTENTIONS:None
24.PROPOSED ORDINANCE ADOPTING MISCELLANEOUS CHARGES
AND FEES RELATING TO INDUSTRIAL DISCHARGERS, SOURCE
CONTROL PERMITTEES AND WASTEHAULERS
2023-2808
Originator: Lorenzo Tyner
MOVED, SECONDED, AND DULY CARRIED TO:
A. Motion to read Ordinance No. OC SAN-60 by title only and waive reading of said
entire Ordinance on February 22, 2023;
B. Introduce Ordinance No. OC SAN-60 entitled, “An Ordinance of the Board of
Directors of Orange County Sanitation District Adopting Miscellaneous Charges
and Fees Relating to Industrial Dischargers, Source Control Permittees and
Wastehaulers and Repealing Ordinance No. OCSD-51; and
C. Set March 22, 2023 as the date of the Public Hearing to hear protests and for
the second reading of Ordinance No. OC SAN-60.
AYES:Pat Burns, Doug Chaffee, Jon Dumitru, Rose Espinoza, Stephen
Faessel, Ryan Gallagher, Marshall Goodman, Glenn Grandis, Phil
Hawkins, Farrah Khan, Christine Marick, Sandra Massa-Lavitt, Scott
Minikus, Andrew Nguyen, Robert Ooten, Robbie Pitts, David
Shawver, Susan Sonne and Chad Wanke
NOES:None
ABSENT:Brad Avery, Johnathan Ryan Hernandez, Steve Jones, Jordan
Nefulda, Bruce Whitaker and John Withers
ABSTENTIONS:None
INFORMATION ITEMS:
None.
AB 1234 DISCLOSURE REPORTS:
The following reports were provided: Director Stephen Faessel on his recent attendance at
the meetings of ISDOC; Director David Shawver on his recent attendance at the OCCOG
meeting; Director Jon Dumitru on his attendance at the recent meetings of NWRI; and Chair
Wanke on his attendance at the recent GWRS Steering Committee meeting.
CLOSED SESSION:
CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS
54956.9(d)(2) & 54956.9(d)(1).
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BOARD OF DIRECTORS Minutes February 22, 2023
The Board convened in closed session at 6:32 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)(2)
2023-2823
CONVENED IN CLOSED SESSION:
Number of Potential Cases: 2
A. Claim/Demand Letter received from Branscomb Law re: United Plant Services
(UPS) Midstream Services, Inc. - Demand for payment of past due invoice.
B. Claim/Demand Letter received from attorney for OHL USA, Inc. and the City of
Anaheim in connection with personal injury lawsuit brought by Ignacio Castro.
CS-2 CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION -
GOVERNMENT CODE SECTION 54956.9(d)(1)
2023-2824
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.
CS-3 CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION -
GOVERNMENT CODE SECTION 54956.9(d)(1)
2023-2826
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 7:21 p.m.
Page 14 of 15
BOARD OF DIRECTORS Minutes February 22, 2023
CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED
SESSION:
General Counsel Brad Hogin reported that the Board of Directors voted unanimously to reject
both the claim from United Plant Services (UPS) Midstream Services, Inc. and the Claim
from OHL USA, Inc. and the City of Anaheim in connection with a personal injury lawsuit
brought by Ignacio Castro.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY:
None.
BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING:
None.
ADJOURNMENT:
At 7:22 p.m., Chair Wanke adjourned the meeting until the Special meeting of the Board of
Directors to be held on Wednesday, March 15, 2023 at 3:00 p.m.
Submitted by:
__________________
Kelly A. Lore, MMC
Clerk of the Board
Page 15 of 15