HomeMy WebLinkAbout08-23-2023 Board Meeting MinutesORANGE COUNTY SANITATION DISTRICT
MINUTES
BOARD OF DIRECTORS
AUGUST 23, 2023
Board Room
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
BOARD OF DIRECTORS Minutes August 23, 2023
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, August 23, 2023 at
6:05 p.m. in the Administration Building of the Orange County Sanitation District. Director
Farrah Khan 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, Pat Burns, Jon Dumitru, Stephen Faessel, Ryan
Gallagher, Glenn Grandis, Johnathan Ryan Hernandez, Farrah Khan,
Stephanie Klopfenstein, Christine Marick, Scott Minikus, Andrew
Nguyen, Robert Ooten, Robbie Pitts, Susan Sonne, Schelly
Sustarsic, Bruce Whitaker, John Withers, Debbie Baker (Alternate),
Tom Lindsey (Alternate) and Carol Warren (Alternate)
ABSENT:Doug Chaffee, Rose Espinoza, Jordan Nefulda and Chad Wanke
STAFF PRESENT: Rob Thompson, General Manager; Lorenzo Tyner, Assistant General
Manager; Michael Dorman, Director of Engineering; Laura Maravilla, Director of Human
Resources; Riaz Moinuddin, Director of Operations and Maintenance; Wally Ritchie, Director
of Finance; Lan Wiborg, Director of Environmental Services; Kelly Lore, Clerk of the Board;
Mo Abiodun; Jennifer Cabral; Tanya Chong; Raul Cuellar; Thys DeVries; Al Garcia; Tina
Knapp; and Ruth Zintzun were present in the Board Room. Martin Dix and Beck Gass were
in attendance telephonically.
OTHERS PRESENT: Brad Hogin, General Counsel; Lindsay Caro and Gary Weisberg,
Woodruff & Smart, Associate Counsel; Jeffrey Smith, Special Counsel; and Irene
McCormack, Communications Consultant, Katz & Associates were present in the Board
Room. Alternate Director Art Perry was present telephonically.
PUBLIC COMMENTS:
None.
Clerk of the Board Kelly Lore requested that Item Nos. 14 & 15 be pulled and heard
separately.
SPECIAL PRESENTATIONS:
1. COMMENDATIONS TO OUTGOING BOARD MEMBERS 2023-3156
Originator: Kelly Lore
Vice-Chair Gallagher presented a Commendation to outgoing Board Member Steve
Jones, City of Garden Grove.
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BOARD OF DIRECTORS Minutes August 23, 2023
REPORTS:
Vice-Chair Gallagher provided an update to the Strategic Planning process which recently
concluded with the review of the existing policies and initiatives, and updates from staff on the
Levels of Service, Core Values, and Risk Register. He stated that a draft plan will be
presented to the Board in September, with the final plan presented to in November for
adoption.
Vice-Chair Gallagher stated that the Directors would receive talking points regarding OC San
activities to assist while reporting out to their councils, boards, and community groups.
Vice-Chair Gallagher reminded the Directors of the upcoming Nerissa tours including
Rig Fishing being held on September 14; and a Day at the Dock on October 4.
Vice-Chair Gallagher reported that the annual State of OC San will be held in person on
October 27 with a lunchtime event beginning at 11 a.m. at Mile Square Golf Course
Clubhouse. The Directors were provided the Save the Date and a form requesting the names
of any guests they would like to invite.
General Manager Rob Thompson stated that earlier in the month he attended the California
Association of Sanitation Agencies annual conference and stated he would be attending the
California Special Districts Association conference in Monterey next week. He also reported
upcoming tours for the Grand Jury and the United States Bureau of Reclamation.
Mr. Thompson also announced that the 2023 Capital Project Award from CASA was awarded
to OC San and OCWD for the Final Completion of the Groundwater Replenishment System.
OC San also won the 2023 Achievement of Excellence in Procurement Award from the
National Procurement Institute.
Mr. Thompson also announced that OC San staff member Larry Andresen was selected as
Operator of the Year for Plant No. 1 and Tim Tran was selected as Operator of the Year for
Plant No. 2. Larry Andresen was selected and will be nominated as the Operator of the Year
at the regional and state level for the California Water Environment Association.
Mr. Thompson reported that OC San weathered the recent storm well, with no major issues in
either Plants or the Collection system. On Sunday, Plant No. 1 had an instantaneous peak of
172 million gallons a day (MGD) (approximately 20 MGD above normal) and Plant No. 2 had
an instantaneous peak of 158 (approximately 80 MGD above normal).
Mr. Thompson called upon Director of Engineering Mike Dorman who introduced the newest
Engineering Manager, Martin Dix.
Mr. Thompson introduced General Counsel Brad Hogin who provided an update in the
Bayside Village Marina, LLC v. Orange County Sanitation District CEQA lawsuit which
challenged the Environmental Impact Report (EIR) for the critical project needed to replace a
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BOARD OF DIRECTORS Minutes August 23, 2023
pump station. Mr. Hogin stated that last Fall the presiding judge upheld the EIR in all
respects with the exception of one. OC San adopted and filed an Addendum to the EIR with
the court. The property owners then announced that they would not be challenging the
Addendum and would be dismissing the CEQA case.
PUBLIC HEARING:
2.COLLECTION OF SEWER SERVICE CHARGES VIA THE TAX ROLL 2023-2946
Originator: Wally Ritchie
Vice-Chair Gallagher opened the public hearing at 6:19 p.m. Director of Finance Wally
Ritchie provided a brief staff report; Clerk of the Board Kelly Lore provided no written
comment(s) in objection; and with no other comment or objection, Vice-Chair Gallagher
closed the public hearing at 6:20 p.m.
MOVED, SECONDED, AND DULY CARRIED TO:
A. Conduct a public hearing to receive input on a report filed with the Clerk of the
Board entitled: “Sewer Service Charges for Collection on Tax Rolls for Fiscal
Year 2023-24”:
1. Open the Public Hearing
2. Receive staff report and recommendations
3. Report of written communications by Clerk of the Board
4. Public Comment
5. Close Public Hearing
6. Discussion by Board of Directors;
B. Unless there is a majority protest, adopt the Report, which has the assessor’s
parcel numbers and amount of charges for collection on the tax rolls;
C. Adopt Resolution No. OC SAN 23-14 entitled: “A Resolution of the Board of
Directors of the Orange County Sanitation District adopting the Report proposing
to collect Sewer Service Fees on the Tax Roll for Fiscal Year 2023/2024”;
D. Authorize execution of the “Certification of Assessment”;
E. Direct staff to file a certified copy of the adopted Resolution, Report, and the
Certification of Assessment with the County Auditor-Controller; and
F. Direct staff to coordinate collection of sanitary sewer service charges on the
general Orange County tax rolls with the County Auditor-Controller, Assessor,
and Tax Collector.
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BOARD OF DIRECTORS Minutes August 23, 2023
AYES:Brad Avery, Pat Burns, Jon Dumitru, Stephen Faessel, Ryan
Gallagher, Glenn Grandis, Johnathan Ryan Hernandez, Farrah Khan,
Stephanie Klopfenstein, Christine Marick, Scott Minikus, Andrew
Nguyen, Robert Ooten, Robbie Pitts, Susan Sonne, Schelly
Sustarsic, Bruce Whitaker, John Withers, Debbie Baker (Alternate),
Tom Lindsey (Alternate) and Carol Warren (Alternate)
NOES:None
ABSENT:Doug Chaffee, Rose Espinoza, Jordan Nefulda and Chad Wanke
ABSTENTIONS:None
CONSENT CALENDAR:
3.APPROVAL OF MINUTES 2023-3134
Originator: Kelly Lore
MOVED, SECONDED, AND DULY CARRIED TO:
Approve minutes of the Regular meeting of the Board of Directors held July 26, 2023.
AYES:Brad Avery, Pat Burns, Jon Dumitru, Stephen Faessel, Ryan
Gallagher, Glenn Grandis, Johnathan Ryan Hernandez, Farrah Khan,
Stephanie Klopfenstein, Christine Marick, Scott Minikus, Andrew
Nguyen, Robert Ooten, Robbie Pitts, Susan Sonne, Schelly
Sustarsic, Bruce Whitaker, John Withers, Debbie Baker (Alternate),
Tom Lindsey (Alternate) and Carol Warren (Alternate)
NOES:None
ABSENT:Doug Chaffee, Rose Espinoza, Jordan Nefulda and Chad Wanke
ABSTENTIONS:None
4.2023 CONFLICT OF INTEREST CODE 2023-3128
Originator: Kelly Lore
MOVED, SECONDED, AND DULY CARRIED TO:
Adopt Resolution No. OC SAN 23-15 entitled: “A Resolution of the Board of Directors
of the Orange County Sanitation District adopting a Conflict of Interest Code which
supersedes all prior Conflict of Interest Codes and amendments previously adopted”.
AYES:Brad Avery, Pat Burns, Jon Dumitru, Stephen Faessel, Ryan
Gallagher, Glenn Grandis, Johnathan Ryan Hernandez, Farrah Khan,
Stephanie Klopfenstein, Christine Marick, Scott Minikus, Andrew
Nguyen, Robert Ooten, Robbie Pitts, Susan Sonne, Schelly
Sustarsic, Bruce Whitaker, John Withers, Debbie Baker (Alternate),
Tom Lindsey (Alternate) and Carol Warren (Alternate)
NOES:None
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BOARD OF DIRECTORS Minutes August 23, 2023
ABSENT:Doug Chaffee, Rose Espinoza, Jordan Nefulda and Chad Wanke
ABSTENTIONS:None
5.GENERAL MANAGER APPROVED PURCHASES AND ADDITIONS
TO THE PRE-APPROVED OEM SOLE SOURCE LIST
2023-3139
Originator: Wally Ritchie
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 April 1, 2023 to June 30, 2023;
and
B. Approve the following additions to the pre-approved OEM Sole Source List:
·EVIDENT SCIENTIFIC, INC - Olympus IPLEX GX Videoscope and Related
Accessories
·NEWPORT DUNES RESORT AND MARINA - Marina Lease for Ocean
Monitoring Program (OMP) Vessel
·PHILADELPHIA MIXING SOLUTIONS LLC - Parts for Rebuild and Repairs
of Gearbox for Aeration Basins
AYES:Brad Avery, Pat Burns, Jon Dumitru, Stephen Faessel, Ryan
Gallagher, Glenn Grandis, Johnathan Ryan Hernandez, Farrah Khan,
Stephanie Klopfenstein, Christine Marick, Scott Minikus, Andrew
Nguyen, Robert Ooten, Robbie Pitts, Susan Sonne, Schelly
Sustarsic, Bruce Whitaker, John Withers, Debbie Baker (Alternate),
Tom Lindsey (Alternate) and Carol Warren (Alternate)
NOES:None
ABSENT:Doug Chaffee, Rose Espinoza, Jordan Nefulda and Chad Wanke
ABSTENTIONS:None
RECEIVE AND FILE:
6.COMMITTEE MEETING MINUTES 2023-2728
Originator: Kelly Lore
WITHOUT OBJECTION ACTION TAKEN TO RECEIVE AND FILE THE FOLLOWING:
Minutes of the Steering Committee Meeting held June 28, 2023.
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BOARD OF DIRECTORS Minutes August 23, 2023
7.REPORT OF THE INVESTMENT TRANSACTIONS FOR THE MONTH
OF JULY 2023
2023-2855
Originator: Wally Ritchie
WITHOUT OBJECTION ACTION TAKEN TO RECEIVE AND FILE THE FOLLOWING:
Report of the Investment Transactions for the month of July 2023.
OPERATIONS COMMITTEE:
None.
ADMINISTRATION COMMITTEE:
None.
STEERING COMMITTEE:
8.LEGISLATIVE AFFAIRS UPDATE FOR THE MONTH OF JULY 2023 2023-3160
Originator: Rob Thompson
MOVED, SECONDED, AND DULY CARRIED TO:
Receive and file the Legislative Affairs Update for the month of July 2023.
AYES:Brad Avery, Pat Burns, Jon Dumitru, Stephen Faessel, Ryan
Gallagher, Glenn Grandis, Johnathan Ryan Hernandez, Farrah Khan,
Stephanie Klopfenstein, Christine Marick, Scott Minikus, Andrew
Nguyen, Robert Ooten, Robbie Pitts, Susan Sonne, Schelly
Sustarsic, Bruce Whitaker, John Withers, Debbie Baker (Alternate),
Tom Lindsey (Alternate) and Carol Warren (Alternate)
NOES:None
ABSENT:Doug Chaffee, Rose Espinoza, Jordan Nefulda and Chad Wanke
ABSTENTIONS:None
9.PUBLIC AFFAIRS UPDATE FOR THE MONTH OF JULY 2023 2023-3161
Originator: Rob Thompson
MOVED, SECONDED, AND DULY CARRIED TO:
Receive and file the Public Affairs Update for the month of July 2023.
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BOARD OF DIRECTORS Minutes August 23, 2023
AYES:Brad Avery, Pat Burns, Jon Dumitru, Stephen Faessel, Ryan
Gallagher, Glenn Grandis, Johnathan Ryan Hernandez, Farrah Khan,
Stephanie Klopfenstein, Christine Marick, Scott Minikus, Andrew
Nguyen, Robert Ooten, Robbie Pitts, Susan Sonne, Schelly
Sustarsic, Bruce Whitaker, John Withers, Debbie Baker (Alternate),
Tom Lindsey (Alternate) and Carol Warren (Alternate)
NOES:None
ABSENT:Doug Chaffee, Rose Espinoza, Jordan Nefulda and Chad Wanke
ABSTENTIONS:None
10.AMENDMENTS TO ANNUAL PROFESSIONAL DESIGN SERVICES
AGREEMENTS AND ON-CALL MAINTENANCE AND REPAIR
MASTER SERVICES CONTRACTS
2023-3167
Originator: Wally Ritchie
MOVED, SECONDED, AND DULY CARRIED TO:
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BOARD OF DIRECTORS Minutes August 23, 2023
A.Approve Amendments to the following Annual Professional Design Services
Agreements:
1. Amendment No. 3 - Arcadis U.S., Inc. FE21-00-02
2. Amendment No. 3 - Black & Veatch Corporation FE21-00-03
3. Amendment No. 3 - Brown and Caldwell FE21-00-04
4. Amendment No. 3 - CDM Smith, Inc. FE21-00-05
5. Amendment No. 3 - CIVILTEC Engineering, Inc. FE21-00-06
6. Amendment No. 3 - Dudek FE21-00-07
7. Amendment No. 3 - GHD, Inc. FE21-00-08
8. Amendment No. 3 - HDR Engineering, Inc. FE21-00-09
9. Amendment No. 4 - Ardurra Group, Inc. FE21-00-10 (Successor firm)
10. Amendment No. 3 - Kennedy/Jenks Consultants, Inc. FE21-00-11
11. Amendment No. 3 - Kleinfelder, Inc. FE21-00-12
12. Amendment No. 3 - Michael Baker International, Inc. FE21-00-13
13. Amendment No. 3 - ProjectLine Technical Services, Inc. FE21-00-14
14. Amendment No. 3 - SPEC Services, Inc. FE21-00-15
15. Amendment No. 3 - SVA Architects, Inc. FE21-00-16
16. Amendment No. 3 - Tetra Tech, Inc. FE21-00-17
17. Amendment No. 3 - Woodard & Curran, Inc. FE21-00-18; and
B.Approve Amendments to the following On-Call Maintenance and Repair Master
Services Contracts:
1. Amendment No. 2 - Charles King Company S-2021-1234BD
2. Amendment No. 2 - Jamison Engineering Contractors, Inc. S-2021-1234BD
3. Amendment No. 2 - J.R. Filanc Construction Co., Inc. S-2021-1234BD
4. Amendment No. 2 - Shimmick Construction, Inc. S-2021-1234BD
5. Amendment No. 2 - W.A. Rasic Construction Company, Inc. S-2021-1234BD
6. Amendment No. 2 - Kiewit Infrastructure West Co. S-2021-1234BD
7. Amendment No. 2 - O’Connell Engineering & Construction, Inc. S-2021-1234BD
AYES:Brad Avery, Pat Burns, Jon Dumitru, Stephen Faessel, Ryan
Gallagher, Glenn Grandis, Johnathan Ryan Hernandez, Farrah Khan,
Stephanie Klopfenstein, Christine Marick, Scott Minikus, Andrew
Nguyen, Robert Ooten, Robbie Pitts, Susan Sonne, Schelly
Sustarsic, Bruce Whitaker, John Withers, Debbie Baker (Alternate),
Tom Lindsey (Alternate) and Carol Warren (Alternate)
NOES:None
ABSENT:Doug Chaffee, Rose Espinoza, Jordan Nefulda and Chad Wanke
ABSTENTIONS:None
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BOARD OF DIRECTORS Minutes August 23, 2023
11.WASTEHAULER STATION SAFETY AND SECURITY
IMPROVEMENTS, PROJECT NO. FE20-01
2023-3162
Originator: Mike Dorman
MOVED, SECONDED, AND DULY CARRIED TO:
Approve a contingency increase of $101,387 (6%) to the construction contract with
LEED Electric, Inc. for Wastehauler Station Safety and Security Improvements, Project
No. FE20-01, for a total construction contingency of $270,367 (16%).
AYES:Brad Avery, Pat Burns, Jon Dumitru, Stephen Faessel, Ryan
Gallagher, Glenn Grandis, Johnathan Ryan Hernandez, Farrah Khan,
Stephanie Klopfenstein, Christine Marick, Scott Minikus, Andrew
Nguyen, Robert Ooten, Robbie Pitts, Susan Sonne, Schelly
Sustarsic, Bruce Whitaker, John Withers, Debbie Baker (Alternate),
Tom Lindsey (Alternate) and Carol Warren (Alternate)
NOES:None
ABSENT:Doug Chaffee, Rose Espinoza, Jordan Nefulda and Chad Wanke
ABSTENTIONS:None
12.UPDATE TO POSITION TITLES IN THE IDENTITY THEFT
PREVENTION PROGRAM
2023-3163
Originator: Wally Ritchie
MOVED, SECONDED, AND DULY CARRIED TO:
Adopt Resolution No. OC SAN 23-18 entitled: “A Resolution of the Board of Directors
of the Orange County Sanitation District Adopting an Update to the Identity Theft
Prevention Program in order to comply with the Fair and Accurate Credit Transaction
Act of 2003; and Repealing Resolution No. OCSD 09-03”.
AYES:Brad Avery, Pat Burns, Jon Dumitru, Stephen Faessel, Ryan
Gallagher, Glenn Grandis, Johnathan Ryan Hernandez, Farrah Khan,
Stephanie Klopfenstein, Christine Marick, Scott Minikus, Andrew
Nguyen, Robert Ooten, Robbie Pitts, Susan Sonne, Schelly
Sustarsic, Bruce Whitaker, John Withers, Debbie Baker (Alternate),
Tom Lindsey (Alternate) and Carol Warren (Alternate)
NOES:None
ABSENT:Doug Chaffee, Rose Espinoza, Jordan Nefulda and Chad Wanke
ABSTENTIONS:None
13.UPDATE TO FINANCIAL TRANSACTIONS POLICY 2023-3164
Originator: Wally Ritchie
MOVED, SECONDED, AND DULY CARRIED TO:
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BOARD OF DIRECTORS Minutes August 23, 2023
Adopt Resolution No. OC SAN 23-19 entitled: “A Resolution of the Board of Directors
of the Orange County Sanitation District, Authorizing the Establishment of
Miscellaneous Banking Accounts, Establishing Policies Governing the Transactions
related thereto, and Designating Employees to act on Orange County Sanitation
District’s behalf for said accounts; and Repealing Resolution No. OCSD 18-06”.
AYES:Brad Avery, Pat Burns, Jon Dumitru, Stephen Faessel, Ryan
Gallagher, Glenn Grandis, Johnathan Ryan Hernandez, Farrah Khan,
Stephanie Klopfenstein, Christine Marick, Scott Minikus, Andrew
Nguyen, Robert Ooten, Robbie Pitts, Susan Sonne, Schelly
Sustarsic, Bruce Whitaker, John Withers, Debbie Baker (Alternate),
Tom Lindsey (Alternate) and Carol Warren (Alternate)
NOES:None
ABSENT:Doug Chaffee, Rose Espinoza, Jordan Nefulda and Chad Wanke
ABSTENTIONS:None
14.BENEFITS FOR UNREPRESENTED MANAGER GROUP EMPLOYEES 2023-3165
Originator: Laura Maravilla
Director of Human Resources Laura Maravilla provided a brief overview of the item.
MOVED, SECONDED, AND DULY CARRIED TO:
Adopt Resolution No. OC SAN 23-16 entitled: “A Resolution of the Board of Directors
of the Orange County Sanitation District Approving Benefits Adjustments for
Unrepresented Manager Group Employees”.
AYES:Brad Avery, Pat Burns, Jon Dumitru, Stephen Faessel, Ryan
Gallagher, Glenn Grandis, Johnathan Ryan Hernandez, Farrah Khan,
Stephanie Klopfenstein, Christine Marick, Scott Minikus, Andrew
Nguyen, Robert Ooten, Robbie Pitts, Susan Sonne, Schelly
Sustarsic, Bruce Whitaker, John Withers, Debbie Baker (Alternate),
Tom Lindsey (Alternate) and Carol Warren (Alternate)
NOES:None
ABSENT:Doug Chaffee, Rose Espinoza, Jordan Nefulda and Chad Wanke
ABSTENTIONS:None
15.GENERAL MANAGER’S COMPENSATION AND BENEFITS 2023-3166
Originator: Laura Maravilla
Ms. Maravilla stated that the Steering Committee had reviewed the General Manager’s
job performance for Fiscal Year 2022/2023 and recommended that the Board approve
the proposed salary increase. The proposed salary increase will achieve the Board ’s
target of 75th percentile for overall market position and establish a salary for the
General Manager that is competitive and supports retention. She noted a clerical error
in Section 7 of the agreement which was changed to provide specific Plan H reference
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BOARD OF DIRECTORS Minutes August 23, 2023
as it substantiates full payment of employer paid member contributions. The revised
agreement was also posted and made available on ocsan.gov.
MOVED, SECONDED, AND DULY CARRIED TO:
Adopt Resolution No. OC SAN 23-17 entitled: “A Resolution of the Board of Directors
of the Orange County Sanitation District approving a salary increase and salary range
adjustment for the General Manager for Fiscal Year 2023/2024.” The increase consists
of a salary range adjustment and corresponding salary increase of 8.5%, effective in
the first pay period of July 2023...body
AYES:Brad Avery, Pat Burns, Jon Dumitru, Stephen Faessel, Ryan
Gallagher, Glenn Grandis, Johnathan Ryan Hernandez, Farrah Khan,
Stephanie Klopfenstein, Christine Marick, Scott Minikus, Andrew
Nguyen, Robert Ooten, Robbie Pitts, Susan Sonne, Schelly
Sustarsic, Bruce Whitaker, John Withers, Debbie Baker (Alternate),
Tom Lindsey (Alternate) and Carol Warren (Alternate)
NOES:None
ABSENT:Doug Chaffee, Rose Espinoza, Jordan Nefulda and Chad Wanke
ABSTENTIONS:None
NON-CONSENT:
16.TREASURER’S REPORT FOR THE FOURTH QUARTER ENDED
JUNE 30, 2023
2023-2857
Originator: Wally Ritchie
Director of Finance Wally Ritchie provided a brief overview of the item.
MOVED, SECONDED, AND DULY CARRIED TO:
Receive and file the Orange County Sanitation District Fourth Quarter Treasurer’s
Report for the period ended June 30, 2023.
17.BOARD OF DIRECTORS COMPENSATION 2023-3137
Originator: Kelly Lore
Vice-Chair Gallagher introduced the item and provided an overview. He stated that the
current rate of compensation had not been raised in over 15 years and after review by
the Steering Committee, an increase to $300 per day of service was being proposed,
with an annual increase of up to 5% every January 1, beginning on January 1, 2025
unless waived by the Board of Directors.
MOVED, SECONDED, AND DULY CARRIED TO:
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BOARD OF DIRECTORS Minutes August 23, 2023
A. Introduce Ordinance No. OC SAN-62 entitled: “An Ordinance of the Board of
Directors of the Orange County Sanitation District Pertaining to the
Compensation of the Members of the Board of Directors, and Repealing
Ordinance No. OCSD-34”;
B. Motion to read Ordinance No. OC SAN-62 by title only and waive reading of said
entire Ordinance;
C. Set September 27, 2023 as the date for the second reading, public hearing, and
adoption of Ordinance No. OC SAN-62; and
D. Direct the Clerk of the Board to publish summaries of the Ordinance as required
by law.
AYES:Brad Avery, Pat Burns, Jon Dumitru, Stephen Faessel, Ryan
Gallagher, Glenn Grandis, Johnathan Ryan Hernandez, Farrah Khan,
Stephanie Klopfenstein, Christine Marick, Scott Minikus, Andrew
Nguyen, Robert Ooten, Robbie Pitts, Susan Sonne, Schelly
Sustarsic, Bruce Whitaker, John Withers, Debbie Baker (Alternate),
Tom Lindsey (Alternate) and Carol Warren (Alternate)
NOES:None
ABSENT:Doug Chaffee, Rose Espinoza, Jordan Nefulda and Chad Wanke
ABSTENTIONS:None
INFORMATION ITEMS:
None.
AB 1234 DISCLOSURE REPORTS:
Director Stephen Faessel provided a report on the recent ISDOC meeting.
Directors Johnathan Ryan Hernandez, Bob Ooten, and John Withers departed the meeting
prior to Closed Session.
CLOSED SESSION:
CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS
54956.9(d)(1), 54956.9(d)(2) & 54956.9(d)(4).
The Board convened in closed session at 6:33 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.
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BOARD OF DIRECTORS Minutes August 23, 2023
CS-1 CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION -
GOVERNMENT CODE SECTION 54956.9(d)(1)
2023-3168
CONVENED IN CLOSED SESSION:
Number of Cases: 1
·Alexus Tovar Solis and Jose Tovar v. Orange County Sanitation District; and
Does 1-10, Superior Court of California, County of Los Angeles, Case No.
21STC24469.
CS-2 CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED
LITIGATION - GOVERNMENT CODE SECTION 54956.9(d)(2)
2023-3169
CONVENED IN CLOSED SESSION:
Number of Potential Cases: 2
A. Claim/Demand Letter received from Watt Tieder, on behalf of PCL Construction,
Inc., re: Contract No. P2-98A for Project A-Side Primary Clarifiers Replacement at
Plant 2. Claim regarding a Change Order Proposal RFC No. 44; and
B. Claim/Compensation Request received from Carolyn Smuts re: Property Damage
at 22202 Cape May Lane, Huntington Beach, CA 92646.
CS-3 CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED
LITIGATION - GOVERNMENT CODE SECTION 54956.9(d)(4)
2023-3170
CONVENED IN CLOSED SESSION:
Number of Potential Cases: 1
Potential initiation of litigation regarding Miller-Holder Rhone Lane Easement.
RECONVENED IN REGULAR SESSION.
The Board reconvened in regular session at 7:07 p.m.
CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED
SESSION:
General Counsel Brad Hogin stated that the Board of Directors voted unanimously to deny
the Claim from Watt Tieder, on behalf of PCL Construction, related to the A-Side Primary
Clarifiers Replacement Project at Plant No. 2.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY:
None.
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BOARD OF DIRECTORS Minutes August 23, 2023
BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING:
None.
ADJOURNMENT:
At 7:08 p.m., Vice-Chair Gallagher adjourned the meeting until the next Regular Meeting of
the Board of Directors to be held on Wednesday, September 27, 2023 at 6:00 p.m.
Submitted by:
__________________
Kelly A. Lore, MMC
Clerk of the Board
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