HomeMy WebLinkAbout02-24-2021 Board Meeting MinutesORANGE COUNTY SANITATION DISTRICT
MINUTES
BOARD OF DIRECTORS
FEBRUARY 24, 2021
Board Room
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
BOARD OF DIRECTORS Minutes February 24, 2021
CALL TO ORDER
A regular meeting of the Board of Directors of the Orange County Sanitation District was
called to order by Board Chairman David Shawver on February 24, 2021 at 6:01 p.m. in the
Administration Building. Director Doug Chaffee delivered the invocation and led the Pledge of
Allegiance. Chair Shawver announced that the meeting was being held telephonically and via
audio/video teleconferencing in accordance with the Governor's Executive Order No. N-29-20,
due to the Coronavirus Pandemic (COVID-19).
ROLL CALL AND DECLARATION OF QUORUM
The Clerk of the Board declared a quorum present as follows:
PRESENT:Brad Avery, Stacy Berry, Art Brown, Kim Carr, Doug Chaffee, Mark
Chirco, Stephen Faessel, Ryan Gallagher, Marshall Goodman,
Patrick Harper, Johnathan Ryan Hernandez, Brooke Jones, Steve
Jones, Anthony Kuo, Sandra Massa-Lavitt, Andrew Nguyen, Robert
Ooten, Glenn Parker, David Shawver, Jesus Silva, Chad Wanke,
John Withers and Chad Zimmerman
ABSENT:Rose Espinoza and Kim Nichols
STAFF MEMBERS PRESENT: Kelly Lore, Clerk of the Board, and Mortimer Caparas were
present in the Board Room. General Manager Jim Herberg, Assistant General Manager
Lorenzo Tyner, Assistant General Manager Rob Thompson, Director of Engineering Kathy
Millea, Director of Environmental Services Lan Wiborg, Director of Human Resources Celia
Chandler, Jennifer Cabral, Raul Cuellar, Brian Engeln, Tina Knapp, Joshua Martinez, Adam
Nazaroff, Valerie Ratto, Thomas Vu and Eros Yong participated telephonically.
OTHERS PRESENT: Brad Hogin (General Counsel) participated telephonically.
1.APPOINTMENTS TO THE ORANGE COUNTY SANITATION DISTRICT
BOARD OF DIRECTORS
2021-1460
Originator: Kelly Lore
WITHOUT OBJECTION ACTION TAKEN TO:
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 Orange Kim Nichols Chip Monaco
Yorba Linda Water District Brooke Jones Phil Hawkins
Board of Supervisors Doug Chaffee Donald P. Wagner
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BOARD OF DIRECTORS Minutes February 24, 2021
PUBLIC COMMENTS:
Clerk of the Board Kelly Lore read Public Comments that were received for Board Agenda
Item No. 8.
SPECIAL PRESENTATIONS:
2.COMMENDATIONS TO OUTGOING BOARD MEMBERS 2021-1496
Originator: Kelly Lore
Chair Shawver presented a Commendation to outgoing Board Member:
CITY/AGENCY DIRECTOR ALTERNATE DIRECTOR
Orange Mark Murphy
REPORTS:
Chair Sawver informed the Board of OC San's employee newsletter, "The Pipeline," and of
the forthcoming talking points regarding OC San activities. He also thanked the Board for
attending the virtual tour last Thursday.
General Manager Jim Herberg provided brief updates regarding COVID-19 cases at OC San
and the roll-out of the new logo and web address. He also thanked the Board for attending
the first Strategic Planning workshop.
CONSENT CALENDAR:
3.APPROVAL OF MINUTES 2021-1408
Originator: Kelly Lore
MOVED, SECONDED, AND DULY CARRIED TO:
Approve Minutes of the Regular Meeting of the Board of Directors held January 27,
2021 and of the Special Board of Directors Meeting held February 4, 2021.
AYES:Brad Avery, Stacy Berry, Art Brown, Kim Carr, Doug Chaffee, Mark
Chirco, Stephen Faessel, Ryan Gallagher, Marshall Goodman,
Patrick Harper, Johnathan Ryan Hernandez, Brooke Jones, Steve
Jones, Anthony Kuo, Sandra Massa-Lavitt, Andrew Nguyen, Robert
Ooten, Glenn Parker, David Shawver, Jesus Silva, Chad Wanke and
John Withers
NOES:None
ABSENT:Rose Espinoza, Kim Nichols and Chad Zimmerman
ABSTENTIONS:None
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BOARD OF DIRECTORS Minutes February 24, 2021
RECEIVE AND FILE:
4.REPORT OF THE INVESTMENT TRANSACTIONS FOR THE MONTH
OF JANUARY 2021
2020-1328
Originator: Lorenzo Tyner
WITHOUT OBJECTION ACTION TAKEN TO RECEIVED AND FILE THE
FOLLOWING:
Report of the Investment Transactions for the month of January 2021.
5.COMMITTEE MEETING MINUTES 2021-1477
Originator: Kelly Lore
WITHOUT OBJECTION ACTION TAKEN TO RECEIVED AND FILE THE
FOLLOWING:
A.Minutes of the Legislative and Public Affairs Committee Meeting held November 9,
2020
B.Minutes of the Steering Committee Meeting held November 18, 2020
C.Minutes of the Operations Committee Meeting held December 2, 2020
D.Minutes of the Administration Committee Meeting held December 9, 2020
OPERATIONS COMMITTEE:
6.DIGESTER FERRIC CHLORIDE PIPING REPLACEMENT AT PLANT
NO. 1, PROJECT NO. P1-135
2021-1480
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO:
A. Receive and file Bid Tabulation and Recommendation for Digester Ferric
Chloride Piping Replacement at Plant No. 1, Project No. P1-135;
B. Award a Construction Contract to Performance Plumbing & Mechanical Inc., dba
PPM Contracting, for Digester Ferric Chloride Piping Replacement at Plant No. 1
for a total amount not to exceed $515,000; and
C. Approve a contingency of $51,500 (10%).
AYES:Brad Avery, Stacy Berry, Art Brown, Kim Carr, Doug Chaffee, Mark
Chirco, Stephen Faessel, Ryan Gallagher, Marshall Goodman,
Patrick Harper, Johnathan Ryan Hernandez, Brooke Jones, Steve
Jones, Anthony Kuo, Sandra Massa-Lavitt, Andrew Nguyen, Robert
Ooten, Glenn Parker, David Shawver, Jesus Silva, Chad Wanke and
John Withers
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BOARD OF DIRECTORS Minutes February 24, 2021
NOES:None
ABSENT:Rose Espinoza, Kim Nichols and Chad Zimmerman
ABSTENTIONS:None
7.TAFT BRANCH IMPROVEMENTS, PROJECT NO. 2-49 2021-1482
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO:
A. Approve a Professional Design Services Agreement with Woodard & Curran,
Inc. to provide engineering services for Taft Branch Improvements, Project No. 2
-49, for an amount not to exceed $2,200,000; and
B. Approve a contingency of $220,000 (10%).
AYES:Brad Avery, Stacy Berry, Art Brown, Kim Carr, Doug Chaffee, Mark
Chirco, Stephen Faessel, Ryan Gallagher, Marshall Goodman,
Patrick Harper, Johnathan Ryan Hernandez, Brooke Jones, Steve
Jones, Anthony Kuo, Sandra Massa-Lavitt, Andrew Nguyen, Robert
Ooten, Glenn Parker, David Shawver, Jesus Silva, Chad Wanke and
John Withers
NOES:None
ABSENT:Rose Espinoza, Kim Nichols and Chad Zimmerman
ABSTENTIONS:None
8.BAY BRIDGE PUMP STATION REPLACEMENT, PROJECT NO. 5-67 2021-1483
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO:
A. Consider, receive, and certify the Environmental Impact Report for the Bay
Bridge Pump Station and Force Mains Replacement Project, Project No. 5-67,
dated January 2021; and
B. Adopt Resolution No. OC SAN 21-03, entitled: “A Resolution of the Board of
Directors of the Orange County Sanitation District Certifying the Environmental
Impact Report for the Bay Bridge Pump Station and Force Mains Replacement
Project, Project No. 5-67; Adopting the Mitigation Monitoring Program; and
Approving the Bay Bridge Pump Station and Force Mains Replacement Project,
Project No. 5-67”.
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BOARD OF DIRECTORS Minutes February 24, 2021
AYES:Brad Avery, Stacy Berry, Art Brown, Kim Carr, Doug Chaffee, Mark
Chirco, Stephen Faessel, Ryan Gallagher, Marshall Goodman,
Patrick Harper, Johnathan Ryan Hernandez, Brooke Jones, Steve
Jones, Anthony Kuo, Sandra Massa-Lavitt, Andrew Nguyen, Robert
Ooten, Glenn Parker, David Shawver, Jesus Silva, Chad Wanke and
John Withers
NOES:None
ABSENT:Rose Espinoza, Kim Nichols and Chad Zimmerman
ABSTENTIONS:None
9.ENGINEERING PROGRAM CONTRACT PERFORMANCE REPORT 2021-1484
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO:
Receive and file the Engineering Program Contract Performance Report for the period
ending December 31, 2020.
AYES:Brad Avery, Stacy Berry, Art Brown, Kim Carr, Doug Chaffee, Mark
Chirco, Stephen Faessel, Ryan Gallagher, Marshall Goodman,
Patrick Harper, Johnathan Ryan Hernandez, Brooke Jones, Steve
Jones, Anthony Kuo, Sandra Massa-Lavitt, Andrew Nguyen, Robert
Ooten, Glenn Parker, David Shawver, Jesus Silva, Chad Wanke and
John Withers
NOES:None
ABSENT:Rose Espinoza, Kim Nichols and Chad Zimmerman
ABSTENTIONS:None
Director Zimmerman arrived at the meeting at 6:21 p.m.
ADMINISTRATION COMMITTEE:
10.GENERAL MANAGER APPROVED PURCHASES AND ADDITIONS
TO THE PRE-APPROVED OEM SOLE SOURCE LIST
2021-1488
Originator: Lorenzo Tyner
MOVED, SECONDED, AND DULY CARRIED TO:
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BOARD OF DIRECTORS Minutes February 24, 2021
A. Receive and file Orange County Sanitation District purchases made under the
General Manager’s authority for the period of October 1, 2020 to December 31,
2020; and
B. Approve the following additions to the pre-approved OEM Sole Source List for
the period of October 1, 2020 to December 31, 2020:
·FONTAINE-AQUANOX - Replacement Parts, Equipment and Service
·GOOCH THERMAL SYSTEMS, INC - Spiral Heat Exchangers
·HIDROSTAL, LLC - Pumps and Replacement Parts
·RODNEY HUNT, INC. - Diversion Gates and Actuators
·SMARTCOVER SYSTEMS - Sewer Level Monitors
AYES:Brad Avery, Stacy Berry, Art Brown, Kim Carr, Doug Chaffee, Mark
Chirco, Stephen Faessel, Ryan Gallagher, Marshall Goodman,
Patrick Harper, Johnathan Ryan Hernandez, Brooke Jones, Steve
Jones, Anthony Kuo, Sandra Massa-Lavitt, Andrew Nguyen, Robert
Ooten, Glenn Parker, David Shawver, Jesus Silva, Chad Wanke and
John Withers
NOES:None
ABSENT:Rose Espinoza and Kim Nichols
ABSTENTIONS:Chad Zimmerman
11.MID-YEAR CONSOLIDATED FINANCIAL REPORT FOR THE PERIOD
ENDED DECEMBER 31, 2020
2021-1489
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, 2020.
AYES:Brad Avery, Stacy Berry, Art Brown, Kim Carr, Doug Chaffee, Mark
Chirco, Stephen Faessel, Ryan Gallagher, Marshall Goodman,
Patrick Harper, Johnathan Ryan Hernandez, Brooke Jones, Steve
Jones, Anthony Kuo, Sandra Massa-Lavitt, Andrew Nguyen, Robert
Ooten, Glenn Parker, David Shawver, Jesus Silva, Chad Wanke and
John Withers
NOES:None
ABSENT:Rose Espinoza and Kim Nichols
ABSTENTIONS:Chad Zimmerman
12.BUSINESS ANALYSIS SERVICES FOR RESOURCE PROTECTION
DIVISION
2021-1490
Originator: Lorenzo Tyner
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BOARD OF DIRECTORS Minutes February 24, 2021
MOVED, SECONDED, AND DULY CARRIED TO:
A. Award a Professional Consultant Services Agreement to EEC Environmental,
Inc. for Pretreatment Program Consulting Services, for the procurement of
Business Analysis services to document Resource Protection division business
processes, Specification No. CS-2020-1167BD, for a total amount not to exceed
$385,625; and
B. Approve a contingency in the amount of $38,563 (10%).
AYES:Brad Avery, Stacy Berry, Art Brown, Kim Carr, Doug Chaffee, Mark
Chirco, Stephen Faessel, Ryan Gallagher, Marshall Goodman,
Patrick Harper, Johnathan Ryan Hernandez, Brooke Jones, Steve
Jones, Anthony Kuo, Sandra Massa-Lavitt, Andrew Nguyen, Robert
Ooten, Glenn Parker, David Shawver, Jesus Silva, Chad Wanke and
John Withers
NOES:None
ABSENT:Rose Espinoza and Kim Nichols
ABSTENTIONS:Chad Zimmerman
LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE:
13.PUBLIC AFFAIRS STRATEGIC PLAN FOR FISCAL YEARS 2020-2022
MIDYEAR UPDATE
2021-1485
Originator: Jim Herberg
MOVED, SECONDED, AND DULY CARRIED TO:
Receive and file the Public Affairs Strategic Plan for Fiscal Years 2020 - 2022 Midyear
Update.
AYES:Brad Avery, Stacy Berry, Art Brown, Kim Carr, Doug Chaffee, Mark
Chirco, Stephen Faessel, Ryan Gallagher, Marshall Goodman,
Patrick Harper, Johnathan Ryan Hernandez, Brooke Jones, Steve
Jones, Anthony Kuo, Sandra Massa-Lavitt, Andrew Nguyen, Robert
Ooten, Glenn Parker, David Shawver, Jesus Silva, Chad Wanke,
John Withers and Chad Zimmerman
NOES:None
ABSENT:Rose Espinoza and Kim Nichols
ABSTENTIONS:None
14. PUBLIC AFFAIRS UPDATE FOR THE MONTHS OF NOVEMBER 2020
THROUGH JANUARY 2021
2021-1486
Originator: Jim Herberg
MOVED, SECONDED, AND DULY CARRIED TO:
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BOARD OF DIRECTORS Minutes February 24, 2021
Receive and file the Public Affairs Update for the months of November 2020 through
January 2021.
AYES:Brad Avery, Stacy Berry, Art Brown, Kim Carr, Doug Chaffee, Mark
Chirco, Stephen Faessel, Ryan Gallagher, Marshall Goodman,
Patrick Harper, Johnathan Ryan Hernandez, Brooke Jones, Steve
Jones, Anthony Kuo, Sandra Massa-Lavitt, Andrew Nguyen, Robert
Ooten, Glenn Parker, David Shawver, Jesus Silva, Chad Wanke,
John Withers and Chad Zimmerman
NOES:None
ABSENT:Rose Espinoza and Kim Nichols
ABSTENTIONS:None
15.LEGISLATIVE AFFAIRS UPDATE FOR THE MONTHS OF
NOVEMBER 2020 THROUGH JANUARY 2021
2021-1487
Originator: Jim Herberg
MOVED, SECONDED, AND DULY CARRIED TO:
Receive and file the Legislative Affairs Update for the months of November 2020
through January 2021.
AYES:Brad Avery, Stacy Berry, Art Brown, Kim Carr, Doug Chaffee, Mark
Chirco, Stephen Faessel, Ryan Gallagher, Marshall Goodman,
Patrick Harper, Johnathan Ryan Hernandez, Brooke Jones, Steve
Jones, Anthony Kuo, Sandra Massa-Lavitt, Andrew Nguyen, Robert
Ooten, Glenn Parker, David Shawver, Jesus Silva, Chad Wanke,
John Withers and Chad Zimmerman
NOES:None
ABSENT:Rose Espinoza and Kim Nichols
ABSTENTIONS:None
STEERING COMMITTEE:
16.UPDATE TO THE ESTABLISHED RULES OF PROCEDURE FOR THE
CONDUCT OF BUSINESS OF THE ORANGE COUNTY SANITATION
DISTRICT
2021-1503
Originator: Jim Herberg
MOVED, SECONDED, AND DULY CARRIED TO:
Adopt Resolution No. OC SAN 21-04 entitled, “A Resolution of the Board of Directors
of the Orange County Sanitation District establishing Rules of Procedure for the
Conduct of Business of the Orange County Sanitation District; and repealing
Resolution No. OC SAN 21-01”.
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BOARD OF DIRECTORS Minutes February 24, 2021
AYES:Brad Avery, Stacy Berry, Art Brown, Kim Carr, Doug Chaffee, Mark
Chirco, Stephen Faessel, Ryan Gallagher, Marshall Goodman,
Patrick Harper, Johnathan Ryan Hernandez, Brooke Jones, Steve
Jones, Anthony Kuo, Sandra Massa-Lavitt, Andrew Nguyen, Robert
Ooten, Glenn Parker, David Shawver, Jesus Silva, Chad Wanke,
John Withers and Chad Zimmerman
NOES:None
ABSENT:Rose Espinoza and Kim Nichols
ABSTENTIONS:None
17.ESTABLISH BOARD OF DIRECTORS PROTOCOLS 2021-1504
Originator: Jim Herberg
MOVED, SECONDED, AND DULY CARRIED TO:
Adopt Resolution No. OC SAN 21-02 entitled, “A Resolution of the Board of Directors
of the Orange County Sanitation District establishing Board of Directors Protocols”.
AYES:Brad Avery, Stacy Berry, Art Brown, Kim Carr, Doug Chaffee, Mark
Chirco, Stephen Faessel, Ryan Gallagher, Marshall Goodman,
Patrick Harper, Johnathan Ryan Hernandez, Brooke Jones, Steve
Jones, Anthony Kuo, Sandra Massa-Lavitt, Andrew Nguyen, Robert
Ooten, Glenn Parker, David Shawver, Jesus Silva, Chad Wanke,
John Withers and Chad Zimmerman
NOES:None
ABSENT:Rose Espinoza and Kim Nichols
ABSTENTIONS:None
NON-CONSENT:
None.
INFORMATION ITEMS:
None.
AB 1234 DISCLOSURE REPORTS:
Chair Shawver provided a brief update regarding the recent OCCOG meeting he attended .
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 6:30 p.m. to discuss three items. Confidential
minutes of the Closed Session have been prepared in accordance with the above
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BOARD OF DIRECTORS Minutes February 24, 2021
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)
2021-1505
CONVENED IN CLOSED SESSION:
MOVED, SECONDED AND DULY CARRIED TO:
1. Retain an appraiser to appraise the property interests that the District needs to
construct the Bay Bridge Pump Station project; and
2. Issue a Notice of Intent to Appraise to the property owner.
Number of Potential Cases: 1
Potential initiation of eminent domain litigation regarding property owned by Bayside
Village Marina LLC.
AYES:Brad Avery, Stacy Berry, Art Brown, Kim Carr, Doug Chaffee, Mark
Chirco, Stephen Faessel, Ryan Gallagher, Marshall Goodman,
Patrick Harper, Johnathan Ryan Hernandez, Brooke Jones, Steve
Jones, Anthony Kuo, Sandra Massa-Lavitt, Andrew Nguyen, Robert
Ooten, Glenn Parker, David Shawver, Jesus Silva, Chad Wanke,
John Withers and Chad Zimmerman
NOES:None
ABSENT:Rose Espinoza and Kim Nichols
ABSTENTIONS:None
CS-2 CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED
LITIGATION - GOVERNMENT CODE SECTION 54956.9(d)(2)
2021-1506
CONVENED IN CLOSED SESSION:
Number of Potential Cases: 1
Significant exposure to litigation: threatened CEQA litigation regarding environmental
impact report for Bay Bridge Pump Station Project.
CS-3 CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED
LITIGATION - GOVERNMENT CODE SECTION 54956.9(d)(2)
2021-1507
CONVENED IN CLOSED SESSION:
Number of Potential Cases: (1)
Significant exposure to litigation: Claim of Raul Palazuelos.
RECONVENED IN REGULAR SESSION.
The Board reconvened in regular session at 7:26 p.m.
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