HomeMy WebLinkAbout03-27-2024 Board of Directors MinutesORANGE COUNTY SANITATION DISTRICT
BOARD OF DIRECTORS
AND
ORANGE COUNTY SANITATION DISTRICT
FINANCING CORPORATION
BOARD OF DIRECTORS
MINUTES
MARCH 27, 2024
Board Room
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
BOARD OF DIRECTORS Minutes March 27, 2024
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, March 27, 2024 at 6:00 p.m.
in the Administration Building of the Orange County Sanitation District. Director David
Shawver 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:Joyce Ahn, Brad Avery, Debbie Baker, Pat Burns, Rose Espinoza,
Stephen Faessel, Ryan Gallagher, Glenn Grandis, Phil Hawkins,
Stephanie Klopfenstein, Christine Marick, Jordan Nefulda, Andrew
Nguyen, Robert Ooten, Robbie Pitts, David Shawver, Schelly
Sustarsic, Chad Wanke, Bruce Whitaker and John Withers
ABSENT:Doug Chaffee, Jon Dumitru, Johnathan Ryan Hernandez, Farrah
Khan and Scott Minikus
STAFF PRESENT: Rob Thompson, General Manager; Lorenzo Tyner, Assistant General
Manager; Mike 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;
Jennifer Cabral; Mortimer Caparas; Raul Cuellar; Thys DeVries; Martin Dix; Justin Fenton; Al
Garcia; Marianne Kleine; Tina Knapp; Valerie Ratto; Perla Rodriguez; and Ruth Zintzun were
present in the Board Room.
OTHERS PRESENT: Brad Hogin, General Counsel; Gary Weisberg, Associate Counsel;
Lindsay Caro, Associate Counsel; Laura Drottz Kalty, Special Counsel, Liebert Cassidy
Whitmore; Danielle Dychter, Special Counsel, Michael Sullivan & Associates LLP; and
Kathleen and Clark Stephens were present in the Board Room.
PUBLIC COMMENTS:
Kathleen Stephens spoke in opposition of Item No. CS-3.
SPECIAL PRESENTATIONS:
None.
REPORTS:
General Manager Rob Thompson shared highlights of OC San’s 2023 Safety Committee
Annual Report where the following established goals had been completed: No OSHA citations
or violations, 109 safety and health trainings, improved safety policies and procedures,
conducting cyber security and tsunami exercises, response to the COVID-19 pandemic, and
the Volunteer Protection Program application and action.
Page 1 of 11
BOARD OF DIRECTORS Minutes March 27, 2024
Mr. Thompson reported recent interviews including the podcast, “Let’s Talk About Water”; and
the April issue of Fountain Valley and Huntington Beach Living magazine were conducted.
Mr. Thompson reported that OC San and OCWD were the recipients of the 2024 Community
Water Champion Award from WateReuse Awards for Excellence for the Groundwater
Replenishment System Final Expansion. The award recognizes utilizes and local government
entities that ensure a safe, reliable, locally controlled water supply through the development of
water recycling treatment facilities, infrastructure, or other water reuse projects.
Mr. Thompson stated that OC San participated in the Children’s Water Festival at UCI, and
had over 120 third, fourth, and fifth grade students run a relay and decide to
place miscellaneous items in the trash vs. the toilet.
Mr. Thompson announced that the 70th Anniversary Open House on June 8th. A flyer was
provided to the Board members and Mr. Thompson requested that they share the information
with their communities.
Mr. Thompson introduced Director of Finance Wally Ritchie who announced that OC San had
received two AAA bond ratings from Standard & Poor's and Fitch. He also stated that he
expects OC San to receive the same from Moody’s in the near future.
Chair Wanke reminded the Directors of their annual Form 700 Statement of Economic
Interests filings are due to the Clerk of the Board by April 1, 2024.
Chair Wanke stated that the Directors would receive talking points regarding OC San
activities to assist while reporting out to their councils, boards, and community groups.
CONSENT CALENDAR:
1. APPROVAL OF MINUTES 2024-3521
Originator: Kelly Lore
MOVED, SECONDED, AND DULY CARRIED TO:
Approve minutes of the Regular meeting of the Board of Directors held February 28,
2024.
AYES:Joyce Ahn, Brad Avery, Debbie Baker, Pat Burns, Rose Espinoza,
Stephen Faessel, Ryan Gallagher, Glenn Grandis, Phil Hawkins,
Stephanie Klopfenstein, Christine Marick, Jordan Nefulda, Andrew
Nguyen, Robert Ooten, Robbie Pitts, David Shawver, Schelly
Sustarsic, Chad Wanke, Bruce Whitaker and John Withers
NOES:None
ABSENT:Doug Chaffee, Jon Dumitru, Johnathan Ryan Hernandez, Farrah
Khan and Scott Minikus
ABSTENTIONS:None
Page 2 of 11
BOARD OF DIRECTORS Minutes March 27, 2024
2. ENGINEERING PROGRAM CONTRACT PERFORMANCE REPORT 2024-3520
Originator: Mike Dorman
MOVED, SECONDED, AND DULY CARRIED TO:
Receive and file the Engineering Program Contract Performance Report for the period
ending December 31, 2023.
AYES:Joyce Ahn, Brad Avery, Debbie Baker, Pat Burns, Rose Espinoza,
Stephen Faessel, Ryan Gallagher, Glenn Grandis, Phil Hawkins,
Stephanie Klopfenstein, Christine Marick, Jordan Nefulda, Andrew
Nguyen, Robert Ooten, Robbie Pitts, David Shawver, Schelly
Sustarsic, Chad Wanke, Bruce Whitaker and John Withers
NOES:None
ABSENT:Doug Chaffee, Jon Dumitru, Johnathan Ryan Hernandez, Farrah
Khan and Scott Minikus
ABSTENTIONS:None
RECEIVE AND FILE:
3. COMMITTEE MEETING MINUTES 2024-3475
Originator: Kelly Lore
WITHOUT OBJECTION ACTION TAKEN TO RECEIVE AND FILE THE FOLLOWING:
A. Minutes of the Steering Committee Meeting held January 17, 2024
B. Minutes of the Operations Committee Meeting held February 7, 2024
C. Minutes of the Administration Committee Meeting held February 14, 2024
4. REPORT OF THE INVESTMENT TRANSACTIONS FOR THE MONTH
OF FEBRUARY 2024
2024-3425
Originator: Wally Ritchie
WITHOUT OBJECTION ACTION TAKEN TO RECEIVE AND FILE THE FOLLOWING:
Report of the Investment Transactions for the month of February 2024.
OPERATIONS COMMITTEE:
5. NEWPORT BEACH PUMP STATION PRESSURIZATION
IMPROVEMENTS, PROJECT NO. 5-68
2024-3516
Originator: Mike Dorman
MOVED, SECONDED, AND DULY CARRIED TO:
Page 3 of 11
BOARD OF DIRECTORS Minutes March 27, 2024
Approve a contingency increase of $65,625 (7%) to the existing construction contract
with Innovative Construction Solutions for Newport Beach Pump Station Pressurization
Improvements, Project No. 5-68, for a total contract amount not to exceed $937,500;
and a total construction contingency of $159,375 (17%).
AYES:Joyce Ahn, Brad Avery, Debbie Baker, Pat Burns, Rose Espinoza,
Stephen Faessel, Ryan Gallagher, Glenn Grandis, Phil Hawkins,
Stephanie Klopfenstein, Christine Marick, Jordan Nefulda, Andrew
Nguyen, Robert Ooten, Robbie Pitts, David Shawver, Schelly
Sustarsic, Chad Wanke, Bruce Whitaker and John Withers
NOES:None
ABSENT:Doug Chaffee, Jon Dumitru, Johnathan Ryan Hernandez, Farrah
Khan and Scott Minikus
ABSTENTIONS:None
6.PRIMARY EFFLUENT PUMP STATION PUMP #3 REBUILD AT PLANT
NO. 1
2024-3517
Originator: Riaz Moinuddin
MOVED, SECONDED, AND DULY CARRIED TO:
A. Approve additional funds of $244,601 to Sole Source Purchase Order
161427-OS, to DXP Enterprises, Inc. (formerly Cortech Engineering, Inc.), to
rebuild Primary Effluent Pump Station Pump #3 at Plant No. 1, for a new total
amount not to exceed $322,061; and
B. Approve a contingency of $32,206 (10%).
AYES:Joyce Ahn, Brad Avery, Debbie Baker, Pat Burns, Rose Espinoza,
Stephen Faessel, Ryan Gallagher, Glenn Grandis, Phil Hawkins,
Stephanie Klopfenstein, Christine Marick, Jordan Nefulda, Andrew
Nguyen, Robert Ooten, Robbie Pitts, David Shawver, Schelly
Sustarsic, Chad Wanke, Bruce Whitaker and John Withers
NOES:None
ABSENT:Doug Chaffee, Jon Dumitru, Johnathan Ryan Hernandez, Farrah
Khan and Scott Minikus
ABSTENTIONS:None
7. CENGEN PLANT WATER PIPE REPLACEMENT AT PLANT NO. 1,
PROJECT NO. FE19-02
2024-3518
Originator: Mike Dorman
MOVED, SECONDED, AND DULY CARRIED TO:
Page 4 of 11
BOARD OF DIRECTORS Minutes March 27, 2024
A. Receive and file the Bid Tabulation and Recommendation for CenGen Plant
Water Pipe Replacement at Plant No. 1, Project No. FE19-02;
B. Award a Construction Contract to Innovative Construction Solutions for CenGen
Plant Water Pipe Replacement at Plant No. 1, Project No. FE19-02, for a total
amount not to exceed $3,385,000; and
C. Approve a contingency of $338,500 (10%).
AYES:Joyce Ahn, Brad Avery, Debbie Baker, Pat Burns, Rose Espinoza,
Stephen Faessel, Ryan Gallagher, Glenn Grandis, Phil Hawkins,
Stephanie Klopfenstein, Christine Marick, Jordan Nefulda, Andrew
Nguyen, Robert Ooten, Robbie Pitts, David Shawver, Schelly
Sustarsic, Chad Wanke, Bruce Whitaker and John Withers
NOES:None
ABSENT:Doug Chaffee, Jon Dumitru, Johnathan Ryan Hernandez, Farrah
Khan and Scott Minikus
ABSTENTIONS:None
ADMINISTRATION COMMITTEE:
8. WASTEWATER REFUNDING REVENUE OBLIGATIONS, SERIES
2024A
2024-3534
Originator: Wally Ritchie
MOVED, SECONDED, AND DULY CARRIED TO:
A. Adopt Resolution No. OC SAN 24-01 entitled: “A Resolution of the Board of
Directors of the Orange County Sanitation District authorizing the execution and
delivery by the District of an Installment Purchase Agreement, a Trust
Agreement, a Continuing Disclosure Agreement and an Escrow Agreement in
connection with the Orange County Sanitation District Wastewater Refunding
Revenue Obligations, Series 2024A, authorizing the execution and delivery of
such Revenue Obligations evidencing principal in an aggregate amount of not to
exceed $157,605,000, approving a Notice of Intention to Sell, authorizing the
distribution of an Official Notice Inviting Bids and an Official Statement in
connection with the offering and sale of such Revenue Obligations and
authorizing the execution of necessary documents and related actions”; and
B. That the Orange County Sanitation District Financing Corporation approve the
documents supporting and authorizing the Revenue Obligations in an aggregate
amount not to exceed $157,605,000.
Page 5 of 11
BOARD OF DIRECTORS Minutes March 27, 2024
AYES:Joyce Ahn, Brad Avery, Debbie Baker, Pat Burns, Rose Espinoza,
Stephen Faessel, Ryan Gallagher, Glenn Grandis, Phil Hawkins,
Stephanie Klopfenstein, Christine Marick, Jordan Nefulda, Andrew
Nguyen, Robert Ooten, Robbie Pitts, David Shawver, Schelly
Sustarsic, Chad Wanke, Bruce Whitaker and John Withers
NOES:None
ABSENT:Doug Chaffee, Jon Dumitru, Johnathan Ryan Hernandez, Farrah
Khan and Scott Minikus
ABSTENTIONS:None
STEERING COMMITTEE:
9. PUBLIC AFFAIRS UPDATE FOR THE MONTH OF FEBRUARY 2024 2024-3542
Originator: Rob Thompson
MOVED, SECONDED, AND DULY CARRIED TO:
Receive and file the Public Affairs Update for the month of February 2024.
AYES:Joyce Ahn, Brad Avery, Debbie Baker, Pat Burns, Rose Espinoza,
Stephen Faessel, Ryan Gallagher, Glenn Grandis, Phil Hawkins,
Stephanie Klopfenstein, Christine Marick, Jordan Nefulda, Andrew
Nguyen, Robert Ooten, Robbie Pitts, David Shawver, Schelly
Sustarsic, Chad Wanke, Bruce Whitaker and John Withers
NOES:None
ABSENT:Doug Chaffee, Jon Dumitru, Johnathan Ryan Hernandez, Farrah
Khan and Scott Minikus
ABSTENTIONS:None
10. LEGISLATIVE AFFAIRS UPDATE FOR THE MONTH OF FEBRUARY
2024
2024-3543
Originator: Rob Thompson
MOVED, SECONDED, AND DULY CARRIED TO:
Receive and file the Legislative Affairs Update for the month of February 2024.
AYES:Joyce Ahn, Brad Avery, Debbie Baker, Pat Burns, Rose Espinoza,
Stephen Faessel, Ryan Gallagher, Glenn Grandis, Phil Hawkins,
Stephanie Klopfenstein, Christine Marick, Jordan Nefulda, Andrew
Nguyen, Robert Ooten, Robbie Pitts, David Shawver, Schelly
Sustarsic, Chad Wanke, Bruce Whitaker and John Withers
NOES:None
ABSENT:Doug Chaffee, Jon Dumitru, Johnathan Ryan Hernandez, Farrah
Khan and Scott Minikus
Page 6 of 11
BOARD OF DIRECTORS Minutes March 27, 2024
ABSTENTIONS:None
Chair Wanke recessed the OC San Board of Directors Meeting at 6:18 p.m.
*******************************************************************************************************
Page 7 of 11
BOARD OF DIRECTORS Minutes March 27, 2024
ORANGE COUNTY SANITATION DISTRICT FINANCING CORPORATION
CALL TO ORDER
Chair Wanke called the Board of Directors, Orange County Sanitation District Financing
Corporation meeting to order at 6:18 p.m.
ROLL CALL AND DECLARATION OF QUORUM
Kelly Lore, Secretary of the Financing Corporation announced that the members of the
Orange County Sanitation District Board of Directors were each being compensated $300.00
for the Board of Directors Meeting; and no additional compensation for the Financing
Corporation Meeting.
The Secretary declared a quorum present as follows:
PRESENT:Joyce Ahn, Brad Avery, Debbie Baker, Pat Burns, Rose Espinoza,
Stephen Faessel, Ryan Gallagher, Glenn Grandis, Phil Hawkins,
Stephanie Klopfenstein, Christine Marick, Jordan Nefulda, Andrew
Nguyen, Robert Ooten, Robbie Pitts, David Shawver, Schelly
Sustarsic, Chad Wanke, Bruce Whitaker and John Withers
ABSENT:Doug Chaffee, Jon Dumitru, Johnathan Ryan Hernandez, Farrah
Khan and Scott Minikus
APPROVAL OF MINUTES
FC-1 APPROVAL OF MINUTES - ORANGE COUNTY SANITATION
DISTRICT FINANCING CORPORATION
2024-3539
Originator: Kelly Lore
MOVED, SECONDED, AND DULY CARRIED TO:
Approve Minutes of the Regular meeting of the Orange County Sanitation District
Financing Corporation held June 28, 2023.
AYES:Joyce Ahn, Brad Avery, Debbie Baker, Pat Burns, Rose Espinoza,
Stephen Faessel, Ryan Gallagher, Glenn Grandis, Phil Hawkins,
Stephanie Klopfenstein, Christine Marick, Jordan Nefulda, Andrew
Nguyen, Robert Ooten, Robbie Pitts, David Shawver, Schelly
Sustarsic, Chad Wanke, Bruce Whitaker and John Withers
NOES:None
ABSENT:Doug Chaffee, Jon Dumitru, Johnathan Ryan Hernandez, Farrah
Khan and Scott Minikus
ABSTENTIONS:None
Page 8 of 11
BOARD OF DIRECTORS Minutes March 27, 2024
NON-CONSENT:
FC-2 WASTEWATER REFUNDING REVENUE OBLIGATIONS, SERIES 2024-3508
2024A
Originator: Wally Ritchie
Mr. Ritchie provided a verbal overview of this item.
MOVED, SECONDED, AND DULY CARRIED TO:
Adopt Resolution No. FC-30 entitled: “A Resolution of the Board of Directors of the
Orange County Sanitation District Financing Corporation authorizing the execution and
delivery by the Corporation of an Installment Purchase Agreement and a Trust
Agreement in connection with the Orange County Sanitation District Wastewater
Refunding Revenue Obligations, Series 2024A, authorizing the execution and delivery
of such Revenue Obligations evidencing principal in an aggregate amount of not to
exceed $157,605,000 and authorizing the execution of necessary documents and
related actions”.
AYES:Joyce Ahn, Brad Avery, Debbie Baker, Pat Burns, Rose Espinoza,
Stephen Faessel, Ryan Gallagher, Glenn Grandis, Phil Hawkins,
Stephanie Klopfenstein, Christine Marick, Jordan Nefulda, Andrew
Nguyen, Robert Ooten, Robbie Pitts, David Shawver, Schelly
Sustarsic, Chad Wanke, Bruce Whitaker and John Withers
NOES:None
ABSENT:Doug Chaffee, Jon Dumitru, Johnathan Ryan Hernandez, Farrah
Khan and Scott Minikus
ABSTENTIONS:None
Chair Wanke adjourned the meeting of the Board of Directors, Orange County Sanitation
District Financing Corporation at 6:19 p.m.
*******************************************************************************************************
Page 9 of 11
BOARD OF DIRECTORS Minutes March 27, 2024
Chair Wanke reconvened the Orange County Sanitation District Board of Directors meeting at
6:19 p.m.
NON-CONSENT:
None.
INFORMATION ITEMS:
None.
AB 1234 DISCLOSURE REPORTS:
Directors Stephen Faessel, Dave Shawver, and Pat Burns provided reports.
CLOSED SESSION:
CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS
54957.6 & 54956.9(d)(1).
The Board convened in closed session at 6:20 p.m. Item No. CS-3 was not heard.
Confidential minutes of the Closed Sessions have been prepared in accordance with the
above Government Code Sections and are maintained by the Clerk of the Board in the
Official Book of Confidential Minutes of Board and Committee Closed Session meetings.
CS-1 CONFERENCE WITH LABOR NEGOTIATORS - GOVERNMENT
CODE SECTION 54957.6
2024-3544
CONVENED IN CLOSED SESSION:
Designated Representatives: General Manager Robert Thompson, Assistant General
Manager Lorenzo Tyner, Director of Human Resources Laura Maravilla, and Chief
Negotiator Laura Kalty.
Employee Organizations: (3)
International Union of Operating Engineers, Local 501; Orange County Employees
Association; and the Supervisory and Professional Management Group.
CS-2 CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION -
GOVERNMENT CODE SECTION 54956.9(d)(1)
2024-3545
CONVENED IN CLOSED SESSION:
Number of Cases: 1
Gina A. Tetsch, Workers’ Compensation Claim, Workers Compensation Appeals
Board, Case No. ADJ11373743.
Page 10 of 11
BOARD OF DIRECTORS Minutes March 27, 2024
CS-3 CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION -
GOVERNMENT CODE SECTION 54956.9(d)(1)
2024-3546
DID NOT CONVENE IN CLOSED SESSION:
Number of Cases: 1
Orange County Sanitation District v. Robert M. Jackson, et al., Orange County Superior
Court Case No. 30-2024-01379706-CU-OR-CJC.
RECONVENED IN REGULAR SESSION.
The Board reconvened in regular session at 6:33 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.
ADJOURNMENT:
At 6:33 p.m., Chair Wanke adjourned the meeting until the next Regular Meeting of the Board
of Directors to be held on Wednesday, April 24, 2024 at 6:00 p.m.
Submitted by:
__________________
Kelly A. Lore, MMC
Clerk of the Board
Page 11 of 11