Loading...
HomeMy WebLinkAbout12-15-2022 Special Board Meeting MinutesORANGE COUNTY SANITATION DISTRICT MINUTES SPECIAL MEETING BOARD OF DIRECTORS DECEMBER 15, 2022 Board Room Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 BOARD OF DIRECTORS Minutes December 15, 2022 CALL TO ORDER A special meeting of the Board of Directors of the Orange County Sanitation District was called to order by Board Chairman Chad Wanke on Thursday, December 15, 2022 at 6:02 p.m. in the Administration Building of the Orange County Sanitation District. Director Stephen Faessel 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:Stephen Faessel, Ryan Gallagher, Marshall Goodman, Patrick Harper, Christine Marick, Sandra Massa-Lavitt, Sandra Massa-Lavitt, Jordan Nefulda, Andrew Nguyen, David Shawver, Chad Wanke, John Withers, Dan Kalmick (Alternate), Farrah Khan, Tom Lindsey (Alternate) and Connor Traut (Alternate) ABSENT:Brad Avery, Rose Espinoza, Johnathan Ryan Hernandez, Steve Jones, Kim Nichols, Robert Ooten and Donald Wagner STAFF PRESENT: Rob Thompson, Assistant General Manager; Lorenzo Tyner, Assistant General Manager; Kelly Lore, Clerk of the Board; and Mo Abiodun were present in the Board Room. Jim Herberg, General Manager; 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; Jennifer Cabral; Tanya Chong; Raul Cuellar; Daisy Covarrubias; Mike Dorman; Justin Fenton; Tina Knapp; Rob Michaels; Michael Morey; Cindy Murra;Nasrin Nasrollahi; Valerie Ratto; Wally Ritchie; Kevin Schuler; Todd Waltz; Eros Yong; and Ruth Zintzun were present telephonically. OTHERS PRESENT: Brad Hogin, General Counsel, was present in the Board Room. Robert Collacott, Brooke Jones, Anni Larkins, Glenn Parker, and Robbie Pitts were present telephonically. PUBLIC COMMENTS: None. Chair Wanke announced that Item No. 28 would be heard after Closed Session. SPECIAL PRESENTATIONS: 1.COMMENDATIONS TO OUTGOING BOARD MEMBERS 2022-2598 Originator: Kelly Lore Chair Wanke presented Commendations to the following: Page 1 of 20 BOARD OF DIRECTORS Minutes December 15, 2022 Special Presentation: Outgoing Board Members & Alternate Members CITY DIRECTOR ALTERNATE DIRECTOR Anaheim Gloria Ma’ae Brea Glenn Parker Cypress Paulo Morales Fullerton Jesus Silva Huntington Beach Kim Carr Irvine Anthony Kuo Newport Beach Joy Brenner Orange Kim Nichols Chip Monaco Santa Ana Nelida Mendoza Villa Park Chad Zimmerman Robert Collacott Yorba Linda Water District Brooke Jones 2.EMPLOYEE SERVICE AWARDS 2022-2643 Originator: Kelly Lore Chair Wanke stated that Dawn Myers could not be in attendance but thanked her for her dedication and service. Director of Operations and Maintenance Riaz Moinuddin presented the 20-year Service Award to Michael Morey. Chair Wanke acknowledged the following: 25-year Service Award Dawn Myers, Senior Environmental Specialist - Division 630 20-year Service Award Michael Morey, Senior Plant Operator - Division 840 REPORTS: Chair Wanke announced his appointment of Director Marshall Goodman as the Operations Committee Chair; and welcomed new Board member Christine Marick from the City of Brea. Chair Wanke stated that the Directors would receive talking points tomorrow for the purpose of reporting out to their city councils, boards, and community groups. Chair Wanke reminded the Board of OC San’s Administrative Offices holiday closures on December 23, December 26, and January 2; and stated that the Operations and Administration Committees are dark in the month of January. Page 2 of 20 BOARD OF DIRECTORS Minutes December 15, 2022 General Manager Jim Herberg provided an update on the Newport Beach Lido Pump Station spill which occurred on Friday, November 4. He stated that after video inspection revealed a hole in the pipe, an emergency was declared to excavate and repair the damaged force main . OC San coordinated with the City of Newport Beach and excavation began on November 28 and an 8-foot section of pipe was replaced. The final determination revealed that the hole in the pipe was caused by internal corrosion. Repairs and area restoration are now complete. Mr. Herberg stated that he and Assistant General Manager Rob Thompson, along with OCWD, recently participated in a PBS docuseries on the Groundwater Replenishment System. The show will be broadcasted in the spring. Mr. Herberg reminded the Board that the Governors Emergency Order expires at the end of February and OC San plans to have the Committee and Board meetings return to in person starting with the Operations Committee meeting March 1. CONSENT CALENDAR: 3.APPROVAL OF MINUTES 2022-2641 Originator: Kelly Lore MOVED, SECONDED, AND DULY CARRIED TO: Approve Minutes of the Special Board of Directors Meeting held November 15, 2022 and the Regular Board of Directors Meeting held November 16, 2022. AYES:Stephen Faessel, Ryan Gallagher, Marshall Goodman, Patrick Harper, Christine Marick, Sandra Massa-Lavitt, Jordan Nefulda, Andrew Nguyen, David Shawver, Chad Wanke, John Withers, Dan Kalmick (Alternate), Farrah Khan and Connor Traut (Alternate) NOES:None ABSENT:Brad Avery, Rose Espinoza, Johnathan Ryan Hernandez, Steve Jones, Kim Nichols, Robert Ooten and Donald Wagner ABSTENTIONS:Tom Lindsey (Alternate) 4.EMERGENCY DECLARATION FOR LIDO PUMP STATION EAST FORCE MAIN REPAIR 2022-2665 MOVED, SECONDED, AND DULY CARRIED TO: Page 3 of 20 BOARD OF DIRECTORS Minutes December 15, 2022 A. Ratify approval of an Emergency Repair Purchase Order Contract to Charles King Company for Lido Pump Station East Force Main Emergency Repair, Project No. FRC-0019, for an amount not to exceed $215,000; B. Approve a contingency of $15,000 (7%); and C. Find that Lido Pump Station East Force Main Emergency Repair, Project No. FRC-0019, 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. AYES:Stephen Faessel, Ryan Gallagher, Marshall Goodman, Patrick Harper, Christine Marick, Sandra Massa-Lavitt, Jordan Nefulda, Andrew Nguyen, David Shawver, Chad Wanke, John Withers, Dan Kalmick (Alternate), Farrah Khan and Connor Traut (Alternate) NOES:None ABSENT:Brad Avery, Rose Espinoza, Johnathan Ryan Hernandez, Steve Jones, Kim Nichols, Robert Ooten and Donald Wagner ABSTENTIONS:Tom Lindsey (Alternate) RECEIVE AND FILE: 5.COMMITTEE MEETING MINUTES 2022-2067 Originator: Kelly Lore WITHOUT OBJECTION ACTION TAKEN TO RECEIVE AND FILE THE FOLLOWING: A. Minutes of the Legislative and Public Affairs Committee Meeting held September 12, 2022 B. Minutes of the Administration Committee Meeting held October 12, 2022 C. Minutes of the Steering Committee Meeting held October 26, 2022 D. Minutes of the Operations Committee Meeting held November 2, 2022 6.REPORT OF THE INVESTMENT TRANSACTIONS FOR THE MONTH OF NOVEMBER 2022 2022-2391 Originator: Lorenzo Tyner WITHOUT OBJECTION ACTION TAKEN TO RECEIVE AND FILE THE FOLLOWING: Report of the Investment Transactions for the month of November 2022. Page 4 of 20 BOARD OF DIRECTORS Minutes December 15, 2022 OPERATIONS COMMITTEE: 7.VFD REPLACEMENTS AT PLANT NO. 1, PROJECT NO. FR1-0011 2022-2666 Originator: Kathy Millea MOVED, SECONDED, AND DULY CARRIED TO: A. Receive and file Bid Tabulation and Recommendation for VFD Replacements at Plant No. 1, Project No. FR1-0011; B. Award a Construction Contract to ACS Engineering, Inc. for VFD Replacements at Plant No. 1, Project No. FR1-0011, for a total amount not to exceed $1,214,888; C. Approve a contingency of $121,488 (10%); and D. Find that VFD Replacements at Plant No. 1, Project No. FR1-0011 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. AYES:Stephen Faessel, Ryan Gallagher, Marshall Goodman, Patrick Harper, Christine Marick, Sandra Massa-Lavitt, Jordan Nefulda, Andrew Nguyen, David Shawver, Chad Wanke, John Withers, Dan Kalmick (Alternate), Farrah Khan, Tom Lindsey (Alternate) and Connor Traut (Alternate) NOES:None ABSENT:Brad Avery, Rose Espinoza, Johnathan Ryan Hernandez, Steve Jones, Kim Nichols, Robert Ooten and Donald Wagner ABSTENTIONS:None 8.ENGINEERING PROGRAM CONTRACT PERFORMANCE REPORT 2022-2667 Originator: Kathy Millea MOVED, SECONDED, AND DULY CARRIED TO: Receive and file the Engineering Program Contract Performance Report for the period ending September 30, 2022. AYES:Stephen Faessel, Ryan Gallagher, Marshall Goodman, Patrick Harper, Christine Marick, Sandra Massa-Lavitt, Jordan Nefulda, Andrew Nguyen, David Shawver, Chad Wanke, John Withers, Dan Kalmick (Alternate), Farrah Khan, Tom Lindsey (Alternate) and Connor Traut (Alternate) NOES:None Page 5 of 20 BOARD OF DIRECTORS Minutes December 15, 2022 ABSENT:Brad Avery, Rose Espinoza, Johnathan Ryan Hernandez, Steve Jones, Kim Nichols, Robert Ooten and Donald Wagner ABSTENTIONS:None 9.LIQUID OXYGEN TANK A REPLACEMENT AT PLANT NO. 2 (FE21-07), SPECIFICATION NO. S-2022-1345BD 2022-2668 Originator: Kathy Millea MOVED, SECONDED, AND DULY CARRIED TO: A. Approve a General Services Contract with J.R. Filanc Construction Company, Inc. to provide the Liquid Oxygen Tank A Replacement at Plant No. 2 (FE21-07), Specification No. S-2022-1345BD for a total amount not to exceed $2,608,007; B. Approve a contingency in the amount of $260,801 (10%); and C. Find that Liquid Oxygen Tank A Replacement at Plant No. 2 (FE21-07), Specification No. S-2022-1345BD 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. AYES:Stephen Faessel, Ryan Gallagher, Marshall Goodman, Patrick Harper, Christine Marick, Sandra Massa-Lavitt, Jordan Nefulda, Andrew Nguyen, David Shawver, Chad Wanke, John Withers, Dan Kalmick (Alternate), Farrah Khan, Tom Lindsey (Alternate) and Connor Traut (Alternate) NOES:None ABSENT:Brad Avery, Rose Espinoza, Johnathan Ryan Hernandez, Steve Jones, Kim Nichols, Robert Ooten and Donald Wagner ABSTENTIONS:None 10.CENGEN SMOKE DETECTION IMPROVEMENTS AT PLANT NO. 1 AND NO. 2, PROJECT NO. FE20-09 2022-2669 Originator: Kathy Millea MOVED, SECONDED, AND DULY CARRIED TO: Page 6 of 20 BOARD OF DIRECTORS Minutes December 15, 2022 A. Receive and file Bid Tabulation and Recommendation for CenGen Smoke Detection Improvements at Plant No. 1 and No. 2, Project No. FE20-09; B. Award a Construction Contract to ADT Commercial, LLC, for CenGen Smoke Detection Improvements at Plant No. 1 and No. 2, Project No. FE20-09, for a total amount not to exceed $313,000; C. Approve a contingency of $31,300 (10%); and D. Find that CenGen Smoke Detection Improvements at Plant No. 1 and No. 2, Project No. FE20-09, 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. AYES:Stephen Faessel, Ryan Gallagher, Marshall Goodman, Patrick Harper, Christine Marick, Sandra Massa-Lavitt, Jordan Nefulda, Andrew Nguyen, David Shawver, Chad Wanke, John Withers, Dan Kalmick (Alternate), Farrah Khan, Tom Lindsey (Alternate) and Connor Traut (Alternate) NOES:None ABSENT:Brad Avery, Rose Espinoza, Johnathan Ryan Hernandez, Steve Jones, Kim Nichols, Robert Ooten and Donald Wagner ABSTENTIONS:None 11.RETURN ACTIVATED SLUDGE DISCHARGE PIPING REPLACEMENT AT ACTIVATED SLUDGE PLANT NO. 1, PROJECT NO. FE20-03 2022-2670 Originator: Kathy Millea MOVED, SECONDED, AND DULY CARRIED TO: A. Receive and file Bid Tabulation and Recommendation for Return Activated Sludge Discharge Piping Replacement at Activated Sludge Plant No. 1, Project No. FE20-03; B. Award a Construction Contract to GSE Construction Company Inc. for Return Activated Sludge Discharge Piping Replacement at Activated Sludge Plant No. 1, Project No. FE20-03, for a total amount not to exceed $3,985,400; C. Approve a contingency of $398,540 (10%); and D. Find that Return Activated Sludge Discharge Piping Replacement at Activated Sludge Plant No. 1, Project No. FE20-03 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. Page 7 of 20 BOARD OF DIRECTORS Minutes December 15, 2022 AYES:Stephen Faessel, Ryan Gallagher, Marshall Goodman, Patrick Harper, Christine Marick, Sandra Massa-Lavitt, Jordan Nefulda, Andrew Nguyen, David Shawver, Chad Wanke, John Withers, Dan Kalmick (Alternate), Farrah Khan, Tom Lindsey (Alternate) and Connor Traut (Alternate) NOES:None ABSENT:Brad Avery, Rose Espinoza, Johnathan Ryan Hernandez, Steve Jones, Kim Nichols, Robert Ooten and Donald Wagner ABSTENTIONS:None 12.ORANGE COUNTY SANITATION DISTRICT 2022 ASSET MANAGEMENT PLAN 2022-2671 Originator: Kathy Millea MOVED, SECONDED, AND DULY CARRIED TO: Adopt the Orange County Sanitation District 2022 Asset Management Plan. AYES:Stephen Faessel, Ryan Gallagher, Marshall Goodman, Patrick Harper, Christine Marick, Sandra Massa-Lavitt, Jordan Nefulda, Andrew Nguyen, David Shawver, Chad Wanke, John Withers, Dan Kalmick (Alternate), Farrah Khan, Tom Lindsey (Alternate) and Connor Traut (Alternate) NOES:None ABSENT:Brad Avery, Rose Espinoza, Johnathan Ryan Hernandez, Steve Jones, Kim Nichols, Robert Ooten and Donald Wagner ABSTENTIONS:None 13.SUPERCRITICAL WATER OXIDATION DEMONSTRATION AT PLANT NO. 1, PROJECT NO. RE21-01 2022-2672 Originator: Kathy Millea MOVED, SECONDED, AND DULY CARRIED TO: Page 8 of 20 BOARD OF DIRECTORS Minutes December 15, 2022 A. Receive and file Bid Tabulation and Recommendation for Supercritical Water Oxidation Demonstration at Plant No. 1, Project No. RE21-01; B. Award a Construction Contract to Garney Pacific, Inc. for Supercritical Water Oxidation Demonstration at Plant No. 1, Project No. RE21-01, for a total amount not to exceed $1,172,000; C. Approve a contingency of $117,200 (10%); and D. Ratify that Supercritical Water Oxidation Demonstration at Plant No. 1, Project No. RE21-01 was previously approved and found to be exempt from CEQA under the Class 1 categorical exemptions set forth in California Code of Regulations Section 15301 and staff filed a Notice of Exemption with the OC Clerk-Recorder on November 23, 2021. AYES:Stephen Faessel, Ryan Gallagher, Marshall Goodman, Patrick Harper, Christine Marick, Sandra Massa-Lavitt, Jordan Nefulda, Andrew Nguyen, David Shawver, Chad Wanke, John Withers, Dan Kalmick (Alternate), Farrah Khan, Tom Lindsey (Alternate) and Connor Traut (Alternate) NOES:None ABSENT:Brad Avery, Rose Espinoza, Johnathan Ryan Hernandez, Steve Jones, Kim Nichols, Robert Ooten and Donald Wagner ABSTENTIONS:None 14.TPAD DIGESTER FACILITY AT PLANT NO. 2, PROJECT NO. P2-128 2022-2673 Originator: Kathy Millea MOVED, SECONDED, AND DULY CARRIED TO: A. Consider, receive, and file the Addendum to the Final Program Environmental Impact report for Biosolids Master Plan for Project No. P2-128; and B. Approve the project modifications as identified and described in the Addendum to the Final Program Environmental Impact report for Biosolids Master Plan for Project No. P2-128 (Chapter 4.0, Table 2, pages 8). AYES:Stephen Faessel, Ryan Gallagher, Marshall Goodman, Patrick Harper, Christine Marick, Sandra Massa-Lavitt, Jordan Nefulda, Andrew Nguyen, David Shawver, Chad Wanke, John Withers, Dan Kalmick (Alternate), Farrah Khan, Tom Lindsey (Alternate) and Connor Traut (Alternate) NOES:None ABSENT:Brad Avery, Rose Espinoza, Johnathan Ryan Hernandez, Steve Jones, Kim Nichols, Robert Ooten and Donald Wagner ABSTENTIONS:None Page 9 of 20 BOARD OF DIRECTORS Minutes December 15, 2022 15.UNINTERRUPTIBLE POWER SUPPLY IMPROVEMENTS AT PLANT NO. 1, PROJECT NO. P1-132 2022-2674 Originator: Kathy Millea MOVED, SECONDED, AND DULY CARRIED TO: A. Receive and file Bid Tabulation and Recommendation for Uninterruptible Power Supply Improvements at Plant No. 1, Project No. P1-132; B. Approve a project budget increase of $2,600,000 for Uninterruptible Power Supply Improvements at Plant No. 1, Project No. P1-132, for a new total project budget of $9,600,000; C. Award a Construction Contract to LEED Electric, Inc. for Uninterruptable Power Supply Improvements at Plant No. 1, Project No. P1-132 for an amount not to exceed $5,765,789; D. Approve a contingency of $576,579 (10%); and E. Ratify that Uninterruptible Power Supply Improvements at Plant No. 1, Project No. P1-132 is exempt from CEQA under the Class 1 categorical exemptions set forth in California Code of Regulations Section 15301 and staff filed a Notice of Exemption with the OC Clerk-Recorder. AYES:Stephen Faessel, Ryan Gallagher, Marshall Goodman, Patrick Harper, Christine Marick, Sandra Massa-Lavitt, Jordan Nefulda, Andrew Nguyen, David Shawver, Chad Wanke, John Withers, Dan Kalmick (Alternate), Farrah Khan, Tom Lindsey (Alternate) and Connor Traut (Alternate) NOES:None ABSENT:Brad Avery, Rose Espinoza, Johnathan Ryan Hernandez, Steve Jones, Kim Nichols, Robert Ooten and Donald Wagner ABSTENTIONS:None 16.OPERATIONS AND MAINTENANCE FACILITY IMPROVEMENTS AT PLANT NO. 2, PROJECT NO. P2-138 2022-2675 Originator: Kathy Millea MOVED, SECONDED, AND DULY CARRIED TO: A. Approve a 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%). Page 10 of 20 BOARD OF DIRECTORS Minutes December 15, 2022 AYES:Stephen Faessel, Ryan Gallagher, Marshall Goodman, Patrick Harper, Christine Marick, Sandra Massa-Lavitt, Jordan Nefulda, Andrew Nguyen, David Shawver, Chad Wanke, John Withers, Dan Kalmick (Alternate), Farrah Khan, Tom Lindsey (Alternate) and Connor Traut (Alternate) NOES:None ABSENT:Brad Avery, Rose Espinoza, Johnathan Ryan Hernandez, Steve Jones, Kim Nichols, Robert Ooten and Donald Wagner ABSTENTIONS:None 17.ACTIVATED SLUDGE-1 AND SECONDARY CLARIFIER REHABILITATION, PROJECT NO. P1-140 2022-2676 Originator: Kathy Millea MOVED, SECONDED, AND DULY CARRIED TO: A. Approve a Professional Design Services Agreement with HDR Engineering, Inc., to provide engineering services for Activated Sludge-1 and Secondary Clarifier Rehabilitation, Project No. P1-140, for an amount not to exceed $18,462,443; B. Approve a contingency of $1,846,244 (10%); and C. Find that Activated Sludge-1 and Secondary Clarifier Rehabilitation, Project No. P1-140 is exempt from CEQA under the Class 1 categorical exemptions set forth in California Code of Regulations Section 15301 authorize staff to file a Notice of Exemption with the OC Clerk-Recorder. AYES:Stephen Faessel, Ryan Gallagher, Marshall Goodman, Patrick Harper, Christine Marick, Sandra Massa-Lavitt, Jordan Nefulda, Andrew Nguyen, David Shawver, Chad Wanke, John Withers, Dan Kalmick (Alternate), Farrah Khan, Tom Lindsey (Alternate) and Connor Traut (Alternate) NOES:None ABSENT:Brad Avery, Rose Espinoza, Johnathan Ryan Hernandez, Steve Jones, Kim Nichols, Robert Ooten and Donald Wagner ABSTENTIONS:None ADMINISTRATION COMMITTEE: 18.INVEST AND/OR REINVEST ORANGE COUNTY SANITATION DISTRICT’S FUNDS AND ADOPT INVESTMENT POLICY STATEMENT 2022-2677 Originator: Lorenzo Tyner MOVED, SECONDED, AND DULY CARRIED TO: Page 11 of 20 BOARD OF DIRECTORS Minutes December 15, 2022 Adopt Resolution No. OC SAN 22-36, entitled: “A Resolution of the Board of Directors of the Orange County Sanitation District Authorizing the Orange County Sanitation District’s Treasurer to Invest and/or Reinvest the Orange County Sanitation District’s Funds, Adopting the Orange County Sanitation District’s Investment Policy Statement and Performance Benchmarks, and Repealing Resolution No. OC SAN 21-22”. AYES:Stephen Faessel, Ryan Gallagher, Marshall Goodman, Patrick Harper, Christine Marick, Sandra Massa-Lavitt, Jordan Nefulda, Andrew Nguyen, David Shawver, Chad Wanke, John Withers, Dan Kalmick (Alternate), Farrah Khan, Tom Lindsey (Alternate) and Connor Traut (Alternate) NOES:None ABSENT:Brad Avery, Rose Espinoza, Johnathan Ryan Hernandez, Steve Jones, Kim Nichols, Robert Ooten and Donald Wagner ABSTENTIONS:None 19.CONTRACTING AQUATIC BIOASSAY & CONSULTING LABORATORIES, INC. FOR TAXONOMIC SERVICES 2022-2678 Originator: Lan Wiborg MOVED, SECONDED, AND DULY CARRIED TO: A. Approve a General Services Contract to Aquatic Bioassay & Consulting Laboratories, Inc. to provide services for sample processing and taxonomic identification of ocean bottom-dwelling animals as required by Orange County Sanitation District’s NPDES ocean discharge permit, Specification No. S-2022-1366BD, for a total amount not to exceed $200,000 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 $20,000 (10%). AYES:Stephen Faessel, Ryan Gallagher, Marshall Goodman, Patrick Harper, Christine Marick, Sandra Massa-Lavitt, Jordan Nefulda, Andrew Nguyen, David Shawver, Chad Wanke, John Withers, Dan Kalmick (Alternate), Farrah Khan, Tom Lindsey (Alternate) and Connor Traut (Alternate) NOES:None ABSENT:Brad Avery, Rose Espinoza, Johnathan Ryan Hernandez, Steve Jones, Kim Nichols, Robert Ooten and Donald Wagner ABSTENTIONS:None 20.INTERNET FIREWALL UPGRADE 2022-2679 Originator: Lorenzo Tyner Page 12 of 20 BOARD OF DIRECTORS Minutes December 15, 2022 MOVED, SECONDED, AND DULY CARRIED TO: A. Receive and file bid tabulation for Fortigate Firewall Upgrade, Specification No. E-2022-1363BD; B. Receive and file first Notice of Intent to Award dated October 13, 2022; C. Receive and file protest letter received from NH&A, LLC dated October 13, 2022 concerning the award to Xpert Solutions, Inc.; D. Receive and file second Notice of Intent to Award dated October 14, 2022; E. Receive and file second protest letter received from Xpert Solutions, Inc. dated October 18, 2022 concerning the award to NH&A, LLC; F. Receive and file Orange County Sanitation District’s Protest Response Letter dated October 31, 2022; G. Approve a Purchase Order Contract to NH&A, LLC for the purchase of Fortigate Firewall Upgrade, Specification No. E-2022-1363BD, for a total amount not to exceed $226,698 plus applicable sales tax; H. Approve four (4) optional one-year renewals for maintenance and support for an annual amount not to exceed $80,458 plus applicable sales tax; and I. Approve a contingency of $22,670 (10%) for the purchase upgrades and subsequent renewals. AYES:Stephen Faessel, Ryan Gallagher, Marshall Goodman, Patrick Harper, Christine Marick, Sandra Massa-Lavitt, Jordan Nefulda, Andrew Nguyen, David Shawver, Chad Wanke, John Withers, Dan Kalmick (Alternate), Farrah Khan, Tom Lindsey (Alternate) and Connor Traut (Alternate) NOES:None ABSENT:Brad Avery, Rose Espinoza, Johnathan Ryan Hernandez, Steve Jones, Kim Nichols, Robert Ooten and Donald Wagner ABSTENTIONS:None 21.NEW HEADQUARTERS AND INDUSTRIAL CONTROL SYSTEM NETWORK EQUIPMENT 2022-2680 Originator: Lorenzo Tyner MOVED, SECONDED, AND DULY CARRIED TO: Page 13 of 20 BOARD OF DIRECTORS Minutes December 15, 2022 A. Approve a Purchase Order to ePlus Technology, Inc. for the purchase of information technology hardware (New Headquarters & Industrial Control System Network Equipment), Specification No. E-2022-1360BD, for a total amount not to exceed $428,865, plus applicable sales tax and shipping; and B. Approve a contingency in the amount of $42,886 (10%). AYES:Stephen Faessel, Ryan Gallagher, Marshall Goodman, Patrick Harper, Christine Marick, Sandra Massa-Lavitt, Jordan Nefulda, Andrew Nguyen, David Shawver, Chad Wanke, John Withers, Dan Kalmick (Alternate), Farrah Khan, Tom Lindsey (Alternate) and Connor Traut (Alternate) NOES:None ABSENT:Brad Avery, Rose Espinoza, Johnathan Ryan Hernandez, Steve Jones, Kim Nichols, Robert Ooten and Donald Wagner ABSTENTIONS:None 22.ORANGE COUNTY SANITATION DISTRICT WASTEWATER REVENUE PROGRAM RATE STUDY 2022-2681 Originator: Lorenzo Tyner MOVED, SECONDED, AND DULY CARRIED TO: Receive and file the Orange County Sanitation District’s 2022 Wastewater Rates, Fees, and Charges Study completed by HDR Engineering, Inc. AYES:Stephen Faessel, Ryan Gallagher, Marshall Goodman, Patrick Harper, Christine Marick, Sandra Massa-Lavitt, Jordan Nefulda, Andrew Nguyen, David Shawver, Chad Wanke, John Withers, Dan Kalmick (Alternate), Farrah Khan, Tom Lindsey (Alternate) and Connor Traut (Alternate) NOES:None ABSENT:Brad Avery, Rose Espinoza, Johnathan Ryan Hernandez, Steve Jones, Kim Nichols, Robert Ooten and Donald Wagner ABSTENTIONS:None 23.PROPOSITION 218 NOTIFICATIONS 2022-2682 Originator: Lorenzo Tyner MOVED, SECONDED, AND DULY CARRIED TO: Page 14 of 20 BOARD OF DIRECTORS Minutes December 15, 2022 A. Direct staff to prepare and mail Proposition 218 compliant notifications to affected property owners outlining a five-year regional sewer service fee schedule with annual increases of approximately 3.5 percent for fiscal years 2023-24 through 2027-28; and B. Authorize the General Manager to select a service provider for preparing, printing, and mailing the Proposition 218 compliant notifications and execute a Purchase Order for an amount not to exceed $370,000. AYES:Stephen Faessel, Ryan Gallagher, Marshall Goodman, Patrick Harper, Christine Marick, Sandra Massa-Lavitt, Jordan Nefulda, Andrew Nguyen, David Shawver, Chad Wanke, John Withers, Dan Kalmick (Alternate), Farrah Khan, Tom Lindsey (Alternate) and Connor Traut (Alternate) NOES:None ABSENT:Brad Avery, Rose Espinoza, Johnathan Ryan Hernandez, Steve Jones, Kim Nichols, Robert Ooten and Donald Wagner ABSTENTIONS:None 24.DENALI WATER SOLUTIONS, LLC BIOSOLIDS HAULING SERVICES - SPECIFICATION NO. S-2020-1208BD - CONTINGENCY INCREASE 2022-2683 Originator: Lan Wiborg MOVED, SECONDED, AND DULY CARRIED TO: Approve an additional 10% unit price per ton contingency (for a total of 20% unit price per ton contingency) for Denali Water Solutions, LLC Biosolids Hauling Services Specification No. S-2020-1208BD contract renewal to collect and haul Orange County Sanitation District’s biosolids to the Inland Empire Regional Composting Facility and alternative sites for the period between January 1, 2023 through December 31, 2023. AYES:Stephen Faessel, Ryan Gallagher, Marshall Goodman, Patrick Harper, Christine Marick, Sandra Massa-Lavitt, Jordan Nefulda, Andrew Nguyen, David Shawver, Chad Wanke, John Withers, Dan Kalmick (Alternate), Farrah Khan, Tom Lindsey (Alternate) and Connor Traut (Alternate) NOES:None ABSENT:Brad Avery, Rose Espinoza, Johnathan Ryan Hernandez, Steve Jones, Kim Nichols, Robert Ooten and Donald Wagner ABSTENTIONS:None LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE: None. Page 15 of 20 BOARD OF DIRECTORS Minutes December 15, 2022 STEERING COMMITTEE: 25.GRANT OF EASEMENT TO SOUTHERN CALIFORNIA EDISON 2022-2686 Originator: Kelly Lore MOVED, SECONDED, AND DULY CARRIED TO: Authorize the Orange County Sanitation District to grant an easement to Southern California Edison (Document ID. TD1820057) for purposes of installation of underground electrical lines for the construction of the new pedestrian bridge to the Headquarters Complex at the corner of Ellis Avenue and Bandilier Circle in the City of Fountain Valley, APN No. 156-181-02, in a form approved by General Counsel. AYES:Stephen Faessel, Ryan Gallagher, Marshall Goodman, Patrick Harper, Christine Marick, Sandra Massa-Lavitt, Jordan Nefulda, Andrew Nguyen, David Shawver, Chad Wanke, John Withers, Dan Kalmick (Alternate), Farrah Khan, Tom Lindsey (Alternate) and Connor Traut (Alternate) NOES:None ABSENT:Brad Avery, Rose Espinoza, Johnathan Ryan Hernandez, Steve Jones, Kim Nichols, Robert Ooten and Donald Wagner ABSTENTIONS:None 26.LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE 2022-2687 Originator: Kelly Lore MOVED, SECONDED, AND DULY CARRIED TO: A. Approve the sunsetting of the Legislative and Public Affairs Committee, and move the consideration of legislative and public affairs matters to the Steering Committee; and B. Adopt Resolution No. OC SAN 22-37 entitled, “A Resolution of the Board of Directors of the Orange County Sanitation District establishing Rules of the Procedure for the Conduct of Business of the Orange County Sanitation District; and repealing Resolution No. OC SAN 21-04”. AYES:Stephen Faessel, Ryan Gallagher, Marshall Goodman, Patrick Harper, Christine Marick, Sandra Massa-Lavitt, Jordan Nefulda, Andrew Nguyen, David Shawver, Chad Wanke, John Withers, Dan Kalmick (Alternate), Farrah Khan, Tom Lindsey (Alternate) and Connor Traut (Alternate) NOES:None ABSENT:Brad Avery, Rose Espinoza, Johnathan Ryan Hernandez, Steve Jones, Kim Nichols, Robert Ooten and Donald Wagner ABSTENTIONS:None Page 16 of 20 BOARD OF DIRECTORS Minutes December 15, 2022 NON-CONSENT: 27.CONTINUATION OF TELECONFERENCED PUBLIC MEETINGS 2022-2642 Originator: Kelly Lore MOVED, SECONDED, AND DULY CARRIED TO: Adopt Resolution No. OC SAN 22-38 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:Stephen Faessel, Ryan Gallagher, Marshall Goodman, Patrick Harper, Christine Marick, Sandra Massa-Lavitt, Jordan Nefulda, Andrew Nguyen, David Shawver, Chad Wanke, John Withers, Dan Kalmick (Alternate), Farrah Khan, Tom Lindsey (Alternate) and Connor Traut (Alternate) NOES:None ABSENT:Brad Avery, Rose Espinoza, Johnathan Ryan Hernandez, Steve Jones, Kim Nichols, Robert Ooten and Donald Wagner ABSTENTIONS:None 29.PAYMENT OF ANNUAL NATIONAL POLLUTANT DISCHARGE AND ELIMINATION SYSTEM (NPDES) PERMIT FEES 2023-2694 Originator: Lan Wiborg MOVED, SECONDED, AND DULY CARRIED TO: Approve payment of $828,779 for the annual National Pollutant Discharge Elimination System (NPDES) ocean discharge permit fees for Fiscal Year 2022-2023. AYES:Stephen Faessel, Ryan Gallagher, Marshall Goodman, Patrick Harper, Christine Marick, Sandra Massa-Lavitt, Jordan Nefulda, Andrew Nguyen, David Shawver, Chad Wanke, John Withers, Dan Kalmick (Alternate), Farrah Khan, Tom Lindsey (Alternate) and Connor Traut (Alternate) NOES:None ABSENT:Brad Avery, Rose Espinoza, Johnathan Ryan Hernandez, Steve Jones, Kim Nichols, Robert Ooten and Donald Wagner ABSTENTIONS:None INFORMATION ITEMS: None. Page 17 of 20 BOARD OF DIRECTORS Minutes December 15, 2022 AB 1234 DISCLOSURE REPORTS: None. CLOSED SESSION: CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS 54957(a), 54957(b)(1) & 54956.9(d)(2). The Board convened in closed session at 6:26 p.m. Item No. CS-4 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 LEGAL COUNSEL RE ANTICIPATED LITIGATION - GOVERNMENT CODE SECTION 54956.9(d)(2) 2022-2688 CONVENED IN CLOSED SESSION: Number of Potential Cases: 1 Claim received from OHL USA, Inc. re Contract No. 2-72 & 2-72C Newhope-Placentia Trunk Sewer Project. CS-2 THREAT TO PUBLIC SERVICES OR FACILITIES - GOVERNMENT CODE SECTION 54957(a) 2022-2689 CONVENED IN CLOSED SESSION: Conference with Information Technology Systems & Operations Manager regarding cyber security. CS-3 PUBLIC EMPLOYMENT - GOVERNMENT CODE SECTION 54957(b) (1) 2022-2690 Originator: Kelly Lore CONVENED IN CLOSED SESSION: Public Employment Title: Appointment of General Manager. AYES:Stephen Faessel, Ryan Gallagher, Marshall Goodman, Patrick Harper, Christine Marick, Sandra Massa-Lavitt, Jordan Nefulda, Andrew Nguyen, David Shawver, Chad Wanke, John Withers, Dan Kalmick (Alternate), Farrah Khan, Tom Lindsey (Alternate) and Connor Traut (Alternate) NOES:None Page 18 of 20 BOARD OF DIRECTORS Minutes December 15, 2022 ABSENT:Brad Avery, Rose Espinoza, Johnathan Ryan Hernandez, Steve Jones, Kim Nichols, Robert Ooten and Donald Wagner ABSTENTIONS:None CS-4 CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION - GOVERNMENT CODE SECTION 54956.9(d)(1) 2022-2691 DID NOT CONVENE 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 6:55 p.m. CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED SESSION: General Counsel Brad Hogin reported that the Board of Directors voted unanimously in Closed Session to appoint Assistant General Manager Rob Thompson to the position of General Manager subject only to the consideration and discussion of compensation by the full Board in open session in January, and Mr. Thompson's acceptance of the offer. 28.NEWHOPE-PLACENTIA TRUNK SEWER REPLACEMENT, PROJECT NO. 2-72B & 2-72c 2022-2663 Originator: Kathy Millea MOVED, SECONDED, AND DULY CARRIED TO: Receive, file, and deny the claim submitted by OHL USA, Inc. (OHL) dated November 22, 2022 for Newhope-Placentia Trunk Sewer Replacement, Project Nos. 2-72B and 2-72C. AYES:Stephen Faessel, Ryan Gallagher, Marshall Goodman, Patrick Harper, Christine Marick, Sandra Massa-Lavitt, Jordan Nefulda, Andrew Nguyen, David Shawver, Chad Wanke, John Withers, Dan Kalmick (Alternate), Farrah Khan, Tom Lindsey (Alternate) and Connor Traut (Alternate) Page 19 of 20 BOARD OF DIRECTORS Minutes December 15, 2022 NOES:None ABSENT:Brad Avery, Rose Espinoza, Johnathan Ryan Hernandez, Steve Jones, Kim Nichols, Robert Ooten and Donald Wagner ABSTENTIONS:None OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: None. BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING: None. ADJOURNMENT: At 6:58 p.m., Chair Wanke adjourned the Special Meeting until the next Regular Meeting of the Board of Directors to be held on Wednesday, January 25, 2023 at 6:00 p.m. Submitted by: __________________ Kelly A. Lore, MMC Clerk of the Board Page 20 of 20