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HomeMy WebLinkAbout02-22-2023 Board Meeting MinutesORANGE COUNTY SANITATION DISTRICT MINUTES BOARD OF DIRECTORS FEBRUARY 22, 2023 Board Room Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 BOARD OF DIRECTORS Minutes February 22, 2023 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, February 22, 2023 at 6:07 p.m. in the Administration Building of the Orange County Sanitation District. Director Susan Sonne 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:Pat Burns, Doug Chaffee, Jon Dumitru, Rose Espinoza, Stephen Faessel, Ryan Gallagher, Marshall Goodman, Glenn Grandis, Phil Hawkins, Johnathan Ryan Hernandez, Farrah Khan, Christine Marick, Sandra Massa-Lavitt, Scott Minikus, Andrew Nguyen, Robert Ooten, Robbie Pitts, David Shawver, Susan Sonne, Chad Wanke and John Withers ABSENT:Brad Avery, Steve Jones, Jordan Nefulda and Bruce Whitaker STAFF PRESENT: Rob Thompson, General Manager; Lorenzo Tyner, Assistant General Manager; Celia Chandler, Director of Human Resources; Kelly Lore, Clerk of the Board; Mo Abiodun; and Thomas Vu were present in the Board Room. Kathy Millea, Director of Engineering; Riaz Moinuddin, Director of Operations and Maintenance; Lan Wiborg, Director of Environmental Services; Jennifer Cabral; Raul Cuellar; Michael Dorman; Justin Fenton; Beck Gass; Tina Knapp; Rebecca Long; Laura Maravilla; Shallee Milligan; Cindy Murra; Valerie Ratto; Wally Ritchie; Kevin Schuler; Todd Waltz; Eros Yong; and Ruth Zintzun were present telephonically. OTHERS PRESENT: Brad Hogin, General Counsel; and Caroline Byrne and Gary Weisberg, Associate Counsel, were present in the Board Room. Jesus Gaona Perez was present telephonically. PUBLIC COMMENTS: None. SPECIAL PRESENTATIONS: 1.COMMENDATIONS TO OUTGOING BOARD MEMBERS 2023-2745 Originator: Kelly Lore Chair Wanke provided a Special Presentation to outgoing Board Member Sandra Massa-Lavitt from the city of Seal Beach. 2.EMPLOYEE SERVICE AWARDS 2023-2794 Originator: Kelly Lore Page 1 of 15 BOARD OF DIRECTORS Minutes February 22, 2023 Chair Wanke acknowledged and thanked the following for their service to OC San. 30-year Service Award Dionne Kardos, Data Management Tech II - Division 250 20-year Service Awards Tim Hopkins, Senior Mechanic - Division 880 Ernest Ruckman, Sr. Environmental Specialist - Division 630 REPORTS: Chair Wanke thanked those who attended the Board Orientation and Virtual Tour held last week and announced that a Special Board of Directors meeting will be held on Wednesday, March 15 at 3:00 p.m. to continue Board Orientation with a "Meet the Executive Management Team". Chair Wanke also announced upcoming in person tours of Plant No .1 and Plant No. 2 that will take place in March and April prior to the Operations and Administration Committee meetings. Chair Wanke reported on the Sewer Service Fee notification process and stated that OC San’s current five-year sewer fee rate schedule will expire at the end of the current fiscal year. He reported that Proposition 218 notifications were mailed to affected property owners and posted on OC San's website and stated the fee schedule increase is approximately 3.5 percent for fiscal years 2023-24 through 2027-28. Chair Wanke reminded the Directors that they will receive talking points regarding OC San activities to use while reporting out to their councils, boards, and community groups. He also extended an offer for OC San staff to provide a presentation at any upcoming council/agency meetings. Chair Wanke reported that the new Directors and Alternate Directors received parking passes and security badges to enter OC San and reminded the Director that, while onsite, to wear the badge. General Manager Rob Thompson reported that the Governor’s Emergency COVID-19 Order expires at the end of February and that all OC San Committee and Board meetings will be in person beginning on March 1. He stated that if a Director is unable to attend any meeting, to please notify their Alternate Director and the Clerk of the Board. Director John Withers departed the meeting at 6:18 p.m. CONSENT CALENDAR: 3.APPROVAL OF MINUTES 2023-2795 Originator: Kelly Lore MOVED, SECONDED, AND DULY CARRIED TO: Page 2 of 15 BOARD OF DIRECTORS Minutes February 22, 2023 Approve minutes of the Regular meeting of the Board of Directors held January 25, 2023. AYES:Pat Burns, Doug Chaffee, Jon Dumitru, Rose Espinoza, Stephen Faessel, Ryan Gallagher, Marshall Goodman, Glenn Grandis, Phil Hawkins, Johnathan Ryan Hernandez, Farrah Khan, Christine Marick, Sandra Massa-Lavitt, Scott Minikus, Andrew Nguyen, Robert Ooten, Robbie Pitts, David Shawver, Susan Sonne and Chad Wanke NOES:None ABSENT:Brad Avery, Steve Jones, Jordan Nefulda, Bruce Whitaker and John Withers ABSTENTIONS:None 4.2023 CONFLICT OF INTEREST CODE 2023-2793 Originator: Kelly Lore MOVED, SECONDED, AND DULY CARRIED TO: Adopt Resolution No. OC SAN 23-06, entitled: “A Resolution of the Board of Directors of Orange County Sanitation District adopting a Conflict of Interest Code which supersedes all prior Conflict of Interest Codes and amendments previously adopted”. AYES:Pat Burns, Doug Chaffee, Jon Dumitru, Rose Espinoza, Stephen Faessel, Ryan Gallagher, Marshall Goodman, Glenn Grandis, Phil Hawkins, Johnathan Ryan Hernandez, Farrah Khan, Christine Marick, Sandra Massa-Lavitt, Scott Minikus, Andrew Nguyen, Robert Ooten, Robbie Pitts, David Shawver, Susan Sonne and Chad Wanke NOES:None ABSENT:Brad Avery, Steve Jones, Jordan Nefulda, Bruce Whitaker and John Withers ABSTENTIONS:None 5.DESIGNATION OF APPLICANT’S AGENT FOR DISASTER RELIEF 2023-2814 Originator: Kelly Lore MOVED, SECONDED, AND DULY CARRIED TO: Adopt Resolution No. OC SAN 23-07, entitled: “A Resolution of the Board of Directors of the Orange County Sanitation District authorizing the General Manager, or Assistant General Manager, or the Director of Operations and Maintenance to Execute State Office of Emergency Services and/or Federal Emergency Management Agency Documents and Relevant Permit Applications for Present and Future Disaster Relief Applications; and Repealing Resolution No. OC SAN 22-06”. Page 3 of 15 BOARD OF DIRECTORS Minutes February 22, 2023 AYES:Pat Burns, Doug Chaffee, Jon Dumitru, Rose Espinoza, Stephen Faessel, Ryan Gallagher, Marshall Goodman, Glenn Grandis, Phil Hawkins, Johnathan Ryan Hernandez, Farrah Khan, Christine Marick, Sandra Massa-Lavitt, Scott Minikus, Andrew Nguyen, Robert Ooten, Robbie Pitts, David Shawver, Susan Sonne and Chad Wanke NOES:None ABSENT:Brad Avery, Steve Jones, Jordan Nefulda, Bruce Whitaker and John Withers ABSTENTIONS:None RECEIVE AND FILE: 6.REPORT OF THE INVESTMENT TRANSACTIONS FOR THE MONTH OF JANUARY 2023 2023-2717 Originator: Lorenzo Tyner WITHOUT OBJECTION ACTION TAKEN TO RECEIVE AND FILE THE FOLLOWING: Report of the Investment Transactions for the month of January 2023. 7.COMMITTEE MEETING MINUTES 2023-2722 Originator: Kelly Lore WITHOUT OBJECTION ACTION TAKEN TO RECEIVE AND FILE THE FOLLOWING: A.Minutes of the GWRS Steering Committee Meeting held October 10, 2022 B.Minutes of the Operations Committee Meeting held December 7, 2022 C.Minutes of the Administration Committee Meeting held December 14, 2022 D.Minutes of the Steering Committee Meeting held December 15, 2022 OPERATIONS COMMITTEE: 8.UNINTERRUPTIBLE POWER SUPPLY IMPROVEMENTS AT PLANT NO. 1, PROJECT NO. P1-132 2023-2784 Originator: Kathy Millea MOVED, SECONDED, AND DULY CARRIED TO: A. Approve a Professional Construction Services Agreement with Tetra Tech, Inc. to provide construction support services for Uninterruptible Power Supply Improvements at Plant No. 1, Project No. P1-132, for an amount not to exceed $217,830; and B. Approve a contingency of $21,783 (10%). Page 4 of 15 BOARD OF DIRECTORS Minutes February 22, 2023 AYES:Pat Burns, Doug Chaffee, Jon Dumitru, Rose Espinoza, Stephen Faessel, Ryan Gallagher, Marshall Goodman, Glenn Grandis, Phil Hawkins, Johnathan Ryan Hernandez, Farrah Khan, Christine Marick, Sandra Massa-Lavitt, Scott Minikus, Andrew Nguyen, Robert Ooten, Robbie Pitts, David Shawver, Susan Sonne and Chad Wanke NOES:None ABSENT:Brad Avery, Steve Jones, Jordan Nefulda, Bruce Whitaker and John Withers ABSTENTIONS:None 9.NEWPORT BEACH PUMP STATION PRESSURIZATION IMPROVEMENTS, PROJECT NO. 5-68 2023-2785 Originator: Kathy Millea MOVED, SECONDED, AND DULY CARRIED TO: A. Receive and file Bid Tabulation and Recommendation for Newport Beach Pump Station Pressurization Improvements, Project No. 5-68; B. Award a Construction Contract to Innovative Construction Solutions for Newport Beach Pump Station Pressurization Improvements, Project No. 5-68, for an amount not to exceed $937,500; and C. Approve a contingency of $93,750 (10%). AYES:Pat Burns, Doug Chaffee, Jon Dumitru, Rose Espinoza, Stephen Faessel, Ryan Gallagher, Marshall Goodman, Glenn Grandis, Phil Hawkins, Johnathan Ryan Hernandez, Farrah Khan, Christine Marick, Sandra Massa-Lavitt, Scott Minikus, Andrew Nguyen, Robert Ooten, Robbie Pitts, David Shawver, Susan Sonne and Chad Wanke NOES:None ABSENT:Brad Avery, Steve Jones, Jordan Nefulda, Bruce Whitaker and John Withers ABSTENTIONS:None 10.CAD DESIGN MANUAL UPDATE FOR 3D DESIGN, PROJECT NO. PS21-05 2023-2786 Originator: Kathy Millea MOVED, SECONDED, AND DULY CARRIED TO: A. Approve a Professional Services Agreement with The Austin Company to provide support services for CAD Design Manual Update for 3D Design, Project No. PS21-05, for a total amount not to exceed $416,000; and B. Approve a contingency of $41,600 (10%). Page 5 of 15 BOARD OF DIRECTORS Minutes February 22, 2023 AYES:Pat Burns, Doug Chaffee, Jon Dumitru, Rose Espinoza, Stephen Faessel, Ryan Gallagher, Marshall Goodman, Glenn Grandis, Phil Hawkins, Johnathan Ryan Hernandez, Farrah Khan, Christine Marick, Sandra Massa-Lavitt, Scott Minikus, Andrew Nguyen, Robert Ooten, Robbie Pitts, David Shawver, Susan Sonne and Chad Wanke NOES:None ABSENT:Brad Avery, Steve Jones, Jordan Nefulda, Bruce Whitaker and John Withers ABSTENTIONS:None 11.HEADWORKS PHASE 3 CABLE REPLACEMENT AT PLANT NO. 2, PROJECT NO. FR2-0026 2023-2787 Originator: Kathy Millea MOVED, SECONDED, AND DULY CARRIED TO: A. Find that Headworks Phase 3 Cable Replacement at Plant No. 2, Project No. FR2-0026, 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; B. Receive and file Bid Tabulation and Recommendation for Headworks Phase 3 Cable Replacement at Plant No. 2, Project No. FR2-0026; C. Award a Construction Contract to ACS Engineering Inc. for Headworks Phase 3 Cable Replacement at Plant No. 2, Project No. FR2-0026; for a total amount not to exceed $575,360; and D. Approve a contingency of $115,072 (20%). AYES:Pat Burns, Doug Chaffee, Jon Dumitru, Rose Espinoza, Stephen Faessel, Ryan Gallagher, Marshall Goodman, Glenn Grandis, Phil Hawkins, Johnathan Ryan Hernandez, Farrah Khan, Christine Marick, Sandra Massa-Lavitt, Scott Minikus, Andrew Nguyen, Robert Ooten, Robbie Pitts, David Shawver, Susan Sonne and Chad Wanke NOES:None ABSENT:Brad Avery, Steve Jones, Jordan Nefulda, Bruce Whitaker and John Withers ABSTENTIONS:None 12.GENERAL AND SEMI-SKILLED LABOR REPAIRS, SPECIFICATION NO. S-2022-1370BD 2023-2788 Originator: Riaz Moinuddin MOVED, SECONDED, AND DULY CARRIED TO: Page 6 of 15 BOARD OF DIRECTORS Minutes February 22, 2023 A. Approve a Purchase Order Contract to Tiano Construction, Inc. (as the Primary Contractor) and MPK Solutions (as the Secondary Contractor) to provide General and Semi-Skilled Labor Repairs, Specification No. S-2022-1370BD, for a total amount not to exceed $300,000 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 $30,000 (10%). AYES:Pat Burns, Doug Chaffee, Jon Dumitru, Rose Espinoza, Stephen Faessel, Ryan Gallagher, Marshall Goodman, Glenn Grandis, Phil Hawkins, Johnathan Ryan Hernandez, Farrah Khan, Christine Marick, Sandra Massa-Lavitt, Scott Minikus, Andrew Nguyen, Robert Ooten, Robbie Pitts, David Shawver, Susan Sonne and Chad Wanke NOES:None ABSENT:Brad Avery, Steve Jones, Jordan Nefulda, Bruce Whitaker and John Withers ABSTENTIONS:None 13. FLEET VEHICLE REPLACEMENT PURCHASE RATIFICATION 2023-2789 Originator: Riaz Moinuddin MOVED, SECONDED, AND DULY CARRIED TO: Ratify the authorization given to the General Manager and Purchasing Manager to allow flexibility in the vehicle type/class quantity and funding while not exceeding the approved budgeted total amount of $1,330,300. This will ensure the available replacement vehicles needed to sustain the fleet can be procured through the issued purchase orders with the following breakdown: A. Replacement vehicles for OC San's fleet as originally approved in the adopted fiscal year 2022/23 budget in the amounts of: ·Two light-duty trucks - $78,760 ·Two medium-duty utility trucks - $200,518 B. Replacement vehicles for OC San's fleet as originally approved in the adopted fiscal year 2021/22 budget in the remaining amounts of: ·One medium-duty truck - $60,095 ·One heavy-duty truck - $162,113 ·Eight Hybrid SUV’s (AWD) - $357,818 ·Two light-duty trucks - $137,161 AYES:Pat Burns, Doug Chaffee, Jon Dumitru, Rose Espinoza, Stephen Faessel, Ryan Gallagher, Marshall Goodman, Glenn Grandis, Phil Hawkins, Johnathan Ryan Hernandez, Farrah Khan, Christine Marick, Sandra Massa-Lavitt, Scott Minikus, Andrew Nguyen, Robert Ooten, Robbie Pitts, David Shawver, Susan Sonne and Chad Wanke Page 7 of 15 BOARD OF DIRECTORS Minutes February 22, 2023 NOES:None ABSENT:Brad Avery, Steve Jones, Jordan Nefulda, Bruce Whitaker and John Withers ABSTENTIONS:None 14.OCEAN OUTFALL CONDITION ASSESSMENT AND SCOPING STUDY, PROJECT NO. PS18-09 2023-2790 Originator: Kathy Millea MOVED, SECONDED, AND DULY CARRIED TO: Approve a contingency increase of $1,097,600 (40%) to the Professional Services Agreement with Carollo Engineers, Inc. for Ocean Outfall Condition Assessment and Scoping Study, Project No. PS18-09, for a total contingency of $2,195,200 (80%). AYES:Pat Burns, Doug Chaffee, Jon Dumitru, Rose Espinoza, Stephen Faessel, Ryan Gallagher, Marshall Goodman, Glenn Grandis, Phil Hawkins, Johnathan Ryan Hernandez, Farrah Khan, Christine Marick, Sandra Massa-Lavitt, Scott Minikus, Andrew Nguyen, Robert Ooten, Robbie Pitts, David Shawver, Susan Sonne and Chad Wanke NOES:None ABSENT:Brad Avery, Steve Jones, Jordan Nefulda, Bruce Whitaker and John Withers ABSTENTIONS:None 15.LIQUID FERRIC CHLORIDE SPECIFICATION NO. C-2019-1037BD CONTINGENCY INCREASE 2023-2791 Originator: Riaz Moinuddin MOVED, SECONDED, AND DULY CARRIED TO: A. Approve a unit price contingency of $226 per dry ton (27%) to the Liquid Ferric Chloride Agreement with Pencco, Inc., Specification No.C-2019-1037BD, for the period beginning March 1, 2023 through June 30, 2023. New unit cost not to exceed $1,075 per dry ton delivered; and B. Approve a unit price contingency of $310 per dry ton (32%) to the liquid Ferric Chloride Agreement with Kemira, Inc., Specification No.C-2019-1037BD, for the period beginning March 1, 2023 through June 30, 2023. New unit cost not to exceed $1,274.47 per dry ton delivered. AYES:Pat Burns, Doug Chaffee, Jon Dumitru, Rose Espinoza, Stephen Faessel, Ryan Gallagher, Marshall Goodman, Glenn Grandis, Phil Hawkins, Johnathan Ryan Hernandez, Farrah Khan, Christine Marick, Sandra Massa-Lavitt, Scott Minikus, Andrew Nguyen, Robert Ooten, Robbie Pitts, David Shawver, Susan Sonne and Chad Wanke NOES:None Page 8 of 15 BOARD OF DIRECTORS Minutes February 22, 2023 ABSENT:Brad Avery, Steve Jones, Jordan Nefulda, Bruce Whitaker and John Withers ABSTENTIONS:None 16.LONG LEAD TIME AUDIO VISUAL EQUIPMENT PURCHASE FOR HEADQUARTERS COMPLEX AT PLANT NO. 1, PROJECT NO. P1-128A 2023-2792 Originator: Kathy Millea MOVED, SECONDED, AND DULY CARRIED TO: Approve a Purchase Order to AVI-SPL LLC for the purchase of Audio Visual Equipment, Specification No. E-2022-1374BD, for a total amount not to exceed $911,309 plus applicable sales tax. AYES:Pat Burns, Doug Chaffee, Jon Dumitru, Rose Espinoza, Stephen Faessel, Ryan Gallagher, Marshall Goodman, Glenn Grandis, Phil Hawkins, Johnathan Ryan Hernandez, Farrah Khan, Christine Marick, Sandra Massa-Lavitt, Scott Minikus, Andrew Nguyen, Robert Ooten, Robbie Pitts, David Shawver, Susan Sonne and Chad Wanke NOES:None ABSENT:Brad Avery, Steve Jones, Jordan Nefulda, Bruce Whitaker and John Withers ABSTENTIONS:None ADMINISTRATION COMMITTEE: 17.MID-YEAR FINANCIAL REPORT FOR THE PERIOD ENDED DECEMBER 31, 2022 2023-2804 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, 2022. AYES:Pat Burns, Doug Chaffee, Jon Dumitru, Rose Espinoza, Stephen Faessel, Ryan Gallagher, Marshall Goodman, Glenn Grandis, Phil Hawkins, Johnathan Ryan Hernandez, Farrah Khan, Christine Marick, Sandra Massa-Lavitt, Scott Minikus, Andrew Nguyen, Robert Ooten, Robbie Pitts, David Shawver, Susan Sonne and Chad Wanke NOES:None ABSENT:Brad Avery, Steve Jones, Jordan Nefulda, Bruce Whitaker and John Withers ABSTENTIONS:None Page 9 of 15 BOARD OF DIRECTORS Minutes February 22, 2023 18.GENERAL MANAGER APPROVED PURCHASES AND ADDITIONS TO THE PRE-APPROVED OEM SOLE SOURCE LIST 2023-2805 Originator: Lorenzo Tyner MOVED, SECONDED, AND DULY CARRIED TO: A. Receive and file Orange County Sanitation District purchases made under the General Manager’s authority for the period of October 1, 2022 to December 31, 2022; and B. Approve the following additions to the pre-approved OEM Sole Source List: l AMETEK SPECTRO SCIENTIFIC - FluidScan Lubricant Condition Monitor Equipment, Parts, Accessories, and Repairs AYES:Pat Burns, Doug Chaffee, Jon Dumitru, Rose Espinoza, Stephen Faessel, Ryan Gallagher, Marshall Goodman, Glenn Grandis, Phil Hawkins, Johnathan Ryan Hernandez, Farrah Khan, Christine Marick, Sandra Massa-Lavitt, Scott Minikus, Andrew Nguyen, Robert Ooten, Robbie Pitts, David Shawver, Susan Sonne and Chad Wanke NOES:None ABSENT:Brad Avery, Steve Jones, Jordan Nefulda, Bruce Whitaker and John Withers ABSTENTIONS:None STEERING COMMITTEE: 19.PUBLIC AFFAIRS UPDATE FOR THE MONTHS OF JANUARY AND FEBRUARY 2023 2023-2820 Originator: Rob Thompson MOVED, SECONDED, AND DULY CARRIED TO: Receive and file the Public Affairs Update for the months of January and February 2023. AYES:Pat Burns, Doug Chaffee, Jon Dumitru, Rose Espinoza, Stephen Faessel, Ryan Gallagher, Marshall Goodman, Glenn Grandis, Phil Hawkins, Johnathan Ryan Hernandez, Farrah Khan, Christine Marick, Sandra Massa-Lavitt, Scott Minikus, Andrew Nguyen, Robert Ooten, Robbie Pitts, David Shawver, Susan Sonne and Chad Wanke NOES:None ABSENT:Brad Avery, Steve Jones, Jordan Nefulda, Bruce Whitaker and John Withers ABSTENTIONS:None Page 10 of 15 BOARD OF DIRECTORS Minutes February 22, 2023 20. LEGISLATIVE AFFAIRS UPDATE FOR THE MONTHS OF JANUARY AND FEBRUARY 2023 2023-2821 Originator: Rob Thompson MOVED, SECONDED, AND DULY CARRIED TO: Receive and file the Legislative Affairs Update for the months of January and February 2023. AYES:Pat Burns, Doug Chaffee, Jon Dumitru, Rose Espinoza, Stephen Faessel, Ryan Gallagher, Marshall Goodman, Glenn Grandis, Phil Hawkins, Johnathan Ryan Hernandez, Farrah Khan, Christine Marick, Sandra Massa-Lavitt, Scott Minikus, Andrew Nguyen, Robert Ooten, Robbie Pitts, David Shawver, Susan Sonne and Chad Wanke NOES:None ABSENT:Brad Avery, Steve Jones, Jordan Nefulda, Bruce Whitaker and John Withers ABSTENTIONS:None 21.PUBLIC AFFAIRS STRATEGIC PLAN FOR FISCAL YEARS 2022-2024 MID-YEAR UPDATE 2023-2822 Originator: Rob Thompson MOVED, SECONDED, AND DULY CARRIED TO: Receive and file the Public Affairs Strategic Plan for Fiscal Years 2022- 2024 Mid-year Update. AYES:Pat Burns, Doug Chaffee, Jon Dumitru, Rose Espinoza, Stephen Faessel, Ryan Gallagher, Marshall Goodman, Glenn Grandis, Phil Hawkins, Johnathan Ryan Hernandez, Farrah Khan, Christine Marick, Sandra Massa-Lavitt, Scott Minikus, Andrew Nguyen, Robert Ooten, Robbie Pitts, David Shawver, Susan Sonne and Chad Wanke NOES:None ABSENT:Brad Avery, Steve Jones, Jordan Nefulda, Bruce Whitaker and John Withers ABSTENTIONS:None NON-CONSENT: 22. PROPOSED ORDINANCE ADOPTING REGIONAL SEWER SERVICE CHARGES 2023-2806 Originator: Lorenzo Tyner Assistant General Manager Lorenzo Tyner provided an overview of the proposed Ordinances. Page 11 of 15 BOARD OF DIRECTORS Minutes February 22, 2023 MOVED, SECONDED, AND DULY CARRIED TO: A. Motion to read Ordinance No. OC SAN-58 by title only and waive reading of said entire Ordinance; B. Introduce Ordinance No. OC SAN-58 entitled, “An Ordinance of the Board of Directors of Orange County Sanitation District Adopting Regional Sewer Service Charges and Repealing Ordinance No. OCSD-49”; and C. Set March 22, 2023 as the date of the Public Hearing to hear protests and for the second reading of the Ordinance No. OC SAN-58. AYES:Pat Burns, Doug Chaffee, Jon Dumitru, Rose Espinoza, Stephen Faessel, Ryan Gallagher, Marshall Goodman, Glenn Grandis, Phil Hawkins, Johnathan Ryan Hernandez, Farrah Khan, Christine Marick, Sandra Massa-Lavitt, Scott Minikus, Andrew Nguyen, Robert Ooten, Robbie Pitts, David Shawver, Susan Sonne and Chad Wanke NOES:None ABSENT:Brad Avery, Steve Jones, Jordan Nefulda, Bruce Whitaker and John Withers ABSTENTIONS:None Director Johnathan Ryan Hernandez departed the meeting at 6:25 p.m. 23.PROPOSED ORDINANCE ADOPTING CAPITAL FACILITIES CAPACITY CHARGES 2023-2807 Originator: Lorenzo Tyner MOVED, SECONDED, AND DULY CARRIED TO: A. Motion to read Ordinance No. OC SAN-59 by title only and waive reading of said entire Ordinance; B. Introduce Ordinance No. OC SAN-59 entitled, “An Ordinance of the Board of the Orange County Sanitation District Adopting Capital Facilities Capacity Charges, and Repealing Ordinance No. OCSD-57”; and C. Set March 22, 2023 as the date of the Public Hearing to hear protests and for the second reading of Ordinance No. OC SAN-59. AYES:Pat Burns, Doug Chaffee, Jon Dumitru, Rose Espinoza, Stephen Faessel, Ryan Gallagher, Marshall Goodman, Glenn Grandis, Phil Hawkins, Farrah Khan, Christine Marick, Sandra Massa-Lavitt, Scott Minikus, Andrew Nguyen, Robert Ooten, Robbie Pitts, David Shawver, Susan Sonne and Chad Wanke NOES:None Page 12 of 15 BOARD OF DIRECTORS Minutes February 22, 2023 ABSENT:Brad Avery, Johnathan Ryan Hernandez, Steve Jones, Jordan Nefulda, Bruce Whitaker and John Withers ABSTENTIONS:None 24.PROPOSED ORDINANCE ADOPTING MISCELLANEOUS CHARGES AND FEES RELATING TO INDUSTRIAL DISCHARGERS, SOURCE CONTROL PERMITTEES AND WASTEHAULERS 2023-2808 Originator: Lorenzo Tyner MOVED, SECONDED, AND DULY CARRIED TO: A. Motion to read Ordinance No. OC SAN-60 by title only and waive reading of said entire Ordinance on February 22, 2023; B. Introduce Ordinance No. OC SAN-60 entitled, “An Ordinance of the Board of Directors of Orange County Sanitation District Adopting Miscellaneous Charges and Fees Relating to Industrial Dischargers, Source Control Permittees and Wastehaulers and Repealing Ordinance No. OCSD-51; and C. Set March 22, 2023 as the date of the Public Hearing to hear protests and for the second reading of Ordinance No. OC SAN-60. AYES:Pat Burns, Doug Chaffee, Jon Dumitru, Rose Espinoza, Stephen Faessel, Ryan Gallagher, Marshall Goodman, Glenn Grandis, Phil Hawkins, Farrah Khan, Christine Marick, Sandra Massa-Lavitt, Scott Minikus, Andrew Nguyen, Robert Ooten, Robbie Pitts, David Shawver, Susan Sonne and Chad Wanke NOES:None ABSENT:Brad Avery, Johnathan Ryan Hernandez, Steve Jones, Jordan Nefulda, Bruce Whitaker and John Withers ABSTENTIONS:None INFORMATION ITEMS: None. AB 1234 DISCLOSURE REPORTS: The following reports were provided: Director Stephen Faessel on his recent attendance at the meetings of ISDOC; Director David Shawver on his recent attendance at the OCCOG meeting; Director Jon Dumitru on his attendance at the recent meetings of NWRI; and Chair Wanke on his attendance at the recent GWRS Steering Committee meeting. CLOSED SESSION: CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS 54956.9(d)(2) & 54956.9(d)(1). Page 13 of 15 BOARD OF DIRECTORS Minutes February 22, 2023 The Board convened in closed session at 6:32 p.m. Confidential minutes of the Closed Sessions have been prepared in accordance with the above Government Code Sections and are maintained by the Clerk of the Board in the Official Book of Confidential Minutes of Board and Committee Closed Session meetings. CS-1 CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED LITIGATION - GOVERNMENT CODE SECTION 54956.9(d)(2) 2023-2823 CONVENED IN CLOSED SESSION: Number of Potential Cases: 2 A. Claim/Demand Letter received from Branscomb Law re: United Plant Services (UPS) Midstream Services, Inc. - Demand for payment of past due invoice. B. Claim/Demand Letter received from attorney for OHL USA, Inc. and the City of Anaheim in connection with personal injury lawsuit brought by Ignacio Castro. CS-2 CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION - GOVERNMENT CODE SECTION 54956.9(d)(1) 2023-2824 CONVENED IN CLOSED SESSION: Number of Cases: 1 Jose O. Cruz v. Orange County Sanitation District Financing Corporation, a California corporation; and Does 1-50, inclusive, Superior Court of California, County of Orange, Case No. 30-2019-01100180-CU-WT-CJC. CS-3 CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION - GOVERNMENT CODE SECTION 54956.9(d)(1) 2023-2826 CONVENED 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 7:21 p.m. Page 14 of 15 BOARD OF DIRECTORS Minutes February 22, 2023 CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED SESSION: General Counsel Brad Hogin reported that the Board of Directors voted unanimously to reject both the claim from United Plant Services (UPS) Midstream Services, Inc. and the Claim from OHL USA, Inc. and the City of Anaheim in connection with a personal injury lawsuit brought by Ignacio Castro. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: None. BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING: None. ADJOURNMENT: At 7:22 p.m., Chair Wanke adjourned the meeting until the Special meeting of the Board of Directors to be held on Wednesday, March 15, 2023 at 3:00 p.m. Submitted by: __________________ Kelly A. Lore, MMC Clerk of the Board Page 15 of 15