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.
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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
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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:
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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.
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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
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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%).
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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
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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.
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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
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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.
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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
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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)
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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
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