HomeMy WebLinkAbout10-25-2023 Board of Directors Meeting MinutesORANGE COUNTY SANITATION DISTRICT
MINUTES
BOARD OF DIRECTORS
OCTOBER 25, 2023
Board Room
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
BOARD OF DIRECTORS Minutes October 25, 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, October 25, 2023 at 6:00
p.m. in the Administration Building of the Orange County Sanitation District. Alternate Director
Emily Hibard 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, Rose Espinoza, Stephen Faessel, Ryan
Gallagher, Glenn Grandis, Phil Hawkins, Johnathan Ryan Hernandez,
Stephanie Klopfenstein, Christine Marick, Scott Minikus, Andrew
Nguyen, Robert Ooten, Robbie Pitts, David Shawver, Susan Sonne,
Schelly Sustarsic, Chad Wanke, Bruce Whitaker and Emily Hibard
(Alternate)
ABSENT:Brad Avery, Jon Dumitru, Marshall Goodman, Farrah Khan and John
Withers
STAFF PRESENT: Rob Thompson, General Manager; Lorenzo Tyner, Assistant General
Manager; Michael Dorman, Director of Engineering; Laura Maravilla, Director of Human
Resources; Riaz Moinuddin, Director of Operations and Maintenance; Wally Ritchie, Director
of Finance; Lan Wiborg, Director of Environmental Services; Kelly Lore, Clerk of the Board;
Jennifer Cabral; Mortimer Caparas; Jackie Castro; and Perla Rodriguez were present in the
Board Room. John Frattali and Thomas Vu were in attendance telephonically.
OTHERS PRESENT: Brad Hogin, General Counsel, and Rod Coppege, Special Counsel,
were present in the Board Room.
PUBLIC COMMENTS:
Clerk of the Board Kelly Lore read an eComment received regarding the Supercritical Water
Oxidation Project.
SPECIAL PRESENTATIONS:
1.EMPLOYEE SERVICE AWARDS 2023-3271
Originator: Kelly Lore
Chair Wanke recognized:
20-year Service Award
Stefanie Ruiz, Administrative Assistant - Division 820
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BOARD OF DIRECTORS Minutes October 25, 2023
REPORTS:
Chair Wanke reminded the Directors that they would receive their talking points regarding OC
San activities tomorrow.
Chair Wanke reported the recent progress on the proposed Strategic Plan where feedback
from the Board was requested. Chair Wanke requested one addition to the plan regarding an
item to hire a local lobbyist to the Organizational Advocacy and Outreach Policy initiative. He
stated the lobbyist could assist in advancing strategic initiatives as identified within the
Strategic Plan.
Chair Wanke reminded the Board members that the annual State of OC San would be held
on Friday, October 27 at 11 a.m. at Mile Square Golf Course.
Chair Wanke stated that on November 1, the General Legal Services Ad Hoc Committee
would hold its first meeting. The Committee was organized to review the current legal services
contract, the policy and process surrounding the contract, and to potentially go out to bid for
general legal services. He stated the Committee would provide any recommendations to the
Steering Committee and Board of Directors.
Chair Wanke stated that the November Steering and Board of Directors meetings will be held
one week earlier, on November 15, due to the Thanksgiving holiday.
General Manager Rob Thompson provided a report on the October 4 Day at the Dock Tour.
Directors Faessel, Sustarsic, and Whitaker met the OC San ocean monitoring team, toured
OC San’s ocean monitoring vessel - Nerissa, and heard presentations from staff on Nerissa ’s
equipment and OC San’s role in protecting the marine environment.
Mr. Thompson stated that correspondence was sent out by Director of Operations &
Maintenance Riaz Moinuddin to OC San's member agencies asking for coordination on the
encroachment permit process for our collections maintenance work. He stated that OC San
would work with the individual agencies to better understand the requirements and timelines
of each agency.
Mr. Thompson reported on the expanded Pretreatment Honor Roll Program and described
the process of applying and notifying the successful businesses who would receive a window
decal, be referenced in a press release, and celebrated at the State of OC San.
Mr. Thompson also stated that, as a requirement of OC San’s NPDES permit, a list of
approximately 30 permittees with significant non-compliance due to discharge violations
would be published in the Orange County Register. He stated that OC San notified the
companies to provide new data or information that could result in modifications.
Mr. Thompson provided a report on his recent activities and presentations to: Singapore
Public Utilities Board on the Supercritical Water Oxidation project, World Water-Tech North
America seminar on Tackling Drought and Water Scarcity, WACO meeting to discuss the
Supercritical Water Oxidation Pilot Project, and the WateReuse Conference followed by the
One Water Summit in Arizona.
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BOARD OF DIRECTORS Minutes October 25, 2023
Mr. Thompson reported that the last of the insurance payments was received regarding the
$4.2 million CenGen claim.
CONSENT CALENDAR:
2.APPROVAL OF MINUTES 2023-3189
Originator: Kelly Lore
MOVED, SECONDED, AND DULY CARRIED TO:
Approve minutes of the Regular meeting of the Board of Directors held September 27,
2023.
AYES:Pat Burns, Doug Chaffee, Rose Espinoza, Stephen Faessel, Ryan
Gallagher, Glenn Grandis, Phil Hawkins, Stephanie Klopfenstein,
Christine Marick, Scott Minikus, Andrew Nguyen, Robert Ooten,
Robbie Pitts, David Shawver, Susan Sonne, Schelly Sustarsic, Chad
Wanke, Bruce Whitaker and Emily Hibard (Alternate)
NOES:None
ABSENT:Brad Avery, Jon Dumitru, Marshall Goodman, Johnathan Ryan
Hernandez, Farrah Khan and John Withers
ABSTENTIONS:None
RECEIVE AND FILE:
3.COMMITTEE MEETING MINUTES 2023-2730
Originator: Kelly Lore
WITHOUT OBJECTION ACTION TAKEN TO RECEIVE AND FILE THE FOLLOWING:
A. Minutes of the GWRS Steering Committee Meeting held July 10, 2023
B. Minutes of the Steering Committee Meeting held August 23, 2023
C. Minutes of the Operations Committee Meeting held September 6, 2023
D. Minutes of the Administration Committee Meeting held September 13, 2023
4.REPORT OF THE INVESTMENT TRANSACTIONS FOR THE MONTH
OF SEPTEMBER 2023
2023-3114
Originator: Wally Ritchie
WITHOUT OBJECTION ACTION TAKEN TO RECEIVE AND FILE THE FOLLOWING:
Report of the Investment Transactions for the month of September 2023.
Director Johnathan Ryan Hernandez arrived at the meeting at 6:13 p.m.
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BOARD OF DIRECTORS Minutes October 25, 2023
OPERATIONS COMMITTEE:
5.REHABILITATION OF WESTERN REGIONAL SEWERS, PROJECT
NO. 3-64
2023-3259
Originator: Mike Dorman
MOVED, SECONDED, AND DULY CARRIED TO:
A. Approve an agreement with the Golden State Water Company for the relocation
of their water line in coordination with the Rehabilitation of Western Regional
Sewers, Project No. 3-64;
B. Approve an additional deposit in the amount of $280,198, for a total deposit
amount of $282,698; and
C. Approve a contingency of $28,270 (10%).
AYES:Pat Burns, Doug Chaffee, Rose Espinoza, Stephen Faessel, Ryan
Gallagher, Glenn Grandis, Phil Hawkins, Johnathan Ryan Hernandez,
Stephanie Klopfenstein, Christine Marick, Scott Minikus, Andrew
Nguyen, Robert Ooten, Robbie Pitts, David Shawver, Susan Sonne,
Schelly Sustarsic, Chad Wanke, Bruce Whitaker and Emily Hibard
(Alternate)
NOES:None
ABSENT:Brad Avery, Jon Dumitru, Marshall Goodman, Farrah Khan and John
Withers
ABSTENTIONS:None
6.NORTH SCRUBBER COMPLEX GRATING REPLACEMENT AT
PLANT NO. 2
2023-3260
Originator: Riaz Moinuddin
MOVED, SECONDED, AND DULY CARRIED TO:
A. Approve a Service Contract to Innovative Construction Solutions to provide
North Scrubber Complex Grating Replacement, Specification No.
S-2023-1419BD, for a total amount not to exceed $315,000; and
B. Approve a contingency of $31,500 (10%).
AYES:Pat Burns, Doug Chaffee, Rose Espinoza, Stephen Faessel, Ryan
Gallagher, Glenn Grandis, Phil Hawkins, Johnathan Ryan Hernandez,
Stephanie Klopfenstein, Christine Marick, Scott Minikus, Andrew
Nguyen, Robert Ooten, Robbie Pitts, David Shawver, Susan Sonne,
Schelly Sustarsic, Chad Wanke, Bruce Whitaker and Emily Hibard
(Alternate)
NOES:None
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BOARD OF DIRECTORS Minutes October 25, 2023
ABSENT:Brad Avery, Jon Dumitru, Marshall Goodman, Farrah Khan and John
Withers
ABSTENTIONS:None
7.SUNFLOWER AND RED HILL INTERCEPTOR REPAIRS, PROJECT
NO. 7-66
2023-3261
Originator: Mike Dorman
MOVED, SECONDED, AND DULY CARRIED TO:
A. Approve a project budget increase of $150,000 for Sunflower and Red Hill
Interceptor Repairs, Project No. 7-66, for a new total project budget of
$6,750,000; and
B. Approve a contingency increase of $50,000 (1%) to the existing Construction
Contract to Charles King Company for Sunflower and Red Hill Interceptor
Repairs, Project No. 7-66, for a new total contingency amount of $527,700
(11%).
AYES:Pat Burns, Doug Chaffee, Rose Espinoza, Stephen Faessel, Ryan
Gallagher, Glenn Grandis, Phil Hawkins, Johnathan Ryan Hernandez,
Stephanie Klopfenstein, Christine Marick, Scott Minikus, Andrew
Nguyen, Robert Ooten, Robbie Pitts, David Shawver, Susan Sonne,
Schelly Sustarsic, Chad Wanke, Bruce Whitaker and Emily Hibard
(Alternate)
NOES:None
ABSENT:Brad Avery, Jon Dumitru, Marshall Goodman, Farrah Khan and John
Withers
ABSTENTIONS:None
8.ACTIVATED SLUDGE AERATION BASIN REHABILITATION AT
PLANT NO. 2, PROJECT NO. P2-136
2023-3262
Originator: Mike Dorman
MOVED, SECONDED, AND DULY CARRIED TO:
A. Approve a Professional Design Services Agreement with Carollo Engineers, Inc.
to provide engineering services for Activated Sludge Aeration Basin
Rehabilitation at Plant No. 2, Project No. P2-136, for an amount not to exceed
$5,891,599; and
B. Approve a contingency of $589,160 (10%).
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BOARD OF DIRECTORS Minutes October 25, 2023
AYES:Pat Burns, Doug Chaffee, Rose Espinoza, Stephen Faessel, Ryan
Gallagher, Glenn Grandis, Phil Hawkins, Johnathan Ryan Hernandez,
Stephanie Klopfenstein, Christine Marick, Scott Minikus, Andrew
Nguyen, Robert Ooten, Robbie Pitts, David Shawver, Susan Sonne,
Schelly Sustarsic, Chad Wanke, Bruce Whitaker and Emily Hibard
(Alternate)
NOES:None
ABSENT:Brad Avery, Jon Dumitru, Marshall Goodman, Farrah Khan and John
Withers
ABSTENTIONS:None
ADMINISTRATION COMMITTEE:
9.GENERAL MANAGER APPROVED PURCHASES AND ADDITIONS
TO THE PRE-APPROVED OEM SOLE SOURCE LIST
2023-3269
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 July 1, 2023 to September 30,
2023; and
B. Approve the following additions to the pre-approved OEM Sole Source List:
·ORANGE COUNTY MUFFLER - Bumper Mounted Tire Recovery System
·MH3 CORPORATION - Unique Odor Assessment Services
·AVIVA ENERGY CORP. - Energy Advisory Consulting Services
·OIL SAFE - Oil Safe Pump and Filtration Systems
AYES:Pat Burns, Doug Chaffee, Rose Espinoza, Stephen Faessel, Ryan
Gallagher, Glenn Grandis, Phil Hawkins, Johnathan Ryan Hernandez,
Stephanie Klopfenstein, Christine Marick, Scott Minikus, Andrew
Nguyen, Robert Ooten, Robbie Pitts, David Shawver, Susan Sonne,
Schelly Sustarsic, Chad Wanke, Bruce Whitaker and Emily Hibard
(Alternate)
NOES:None
ABSENT:Brad Avery, Jon Dumitru, Marshall Goodman, Farrah Khan and John
Withers
ABSTENTIONS:None
10.ORANGE COUNTY OPERATIONAL AREA AGREEMENT 2023-3270
Originator: Laura Maravilla
MOVED, SECONDED, AND DULY CARRIED TO:
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BOARD OF DIRECTORS Minutes October 25, 2023
A. Approve the updated Orange County Operational Area Agreement; and
B. Adopt Resolution No. OC SAN 23-20 entitled: “A Resolution of the Board of
Directors of the Orange County Sanitation District Approving and Adopting the
2020 Orange County Operational Area Agreement of the County of Orange and
Political Subdivisions; and Repealing Resolution No. OCSD 95-115”.
AYES:Pat Burns, Doug Chaffee, Rose Espinoza, Stephen Faessel, Ryan
Gallagher, Glenn Grandis, Phil Hawkins, Johnathan Ryan Hernandez,
Stephanie Klopfenstein, Christine Marick, Scott Minikus, Andrew
Nguyen, Robert Ooten, Robbie Pitts, David Shawver, Susan Sonne,
Schelly Sustarsic, Chad Wanke, Bruce Whitaker and Emily Hibard
(Alternate)
NOES:None
ABSENT:Brad Avery, Jon Dumitru, Marshall Goodman, Farrah Khan and John
Withers
ABSTENTIONS:None
STEERING COMMITTEE:
11.LEGISLATIVE AFFAIRS UPDATE FOR THE MONTH OF SEPTEMBER
2023
2023-3281
Originator: Rob Thompson
MOVED, SECONDED, AND DULY CARRIED TO:
Receive and file the Legislative Affairs Update for the month of September 2023.
AYES:Pat Burns, Doug Chaffee, Rose Espinoza, Stephen Faessel, Ryan
Gallagher, Glenn Grandis, Phil Hawkins, Johnathan Ryan Hernandez,
Stephanie Klopfenstein, Christine Marick, Scott Minikus, Andrew
Nguyen, Robert Ooten, Robbie Pitts, David Shawver, Susan Sonne,
Schelly Sustarsic, Chad Wanke, Bruce Whitaker and Emily Hibard
(Alternate)
NOES:None
ABSENT:Brad Avery, Jon Dumitru, Marshall Goodman, Farrah Khan and John
Withers
ABSTENTIONS:None
12.PUBLIC AFFAIRS UPDATE FOR THE MONTH OF SEPTEMBER 2023 2023-3282
Originator: Rob Thompson
MOVED, SECONDED, AND DULY CARRIED TO:
Receive and file the Public Affairs Update for the month of September 2023.
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BOARD OF DIRECTORS Minutes October 25, 2023
AYES:Pat Burns, Doug Chaffee, Rose Espinoza, Stephen Faessel, Ryan
Gallagher, Glenn Grandis, Phil Hawkins, Johnathan Ryan Hernandez,
Stephanie Klopfenstein, Christine Marick, Scott Minikus, Andrew
Nguyen, Robert Ooten, Robbie Pitts, David Shawver, Susan Sonne,
Schelly Sustarsic, Chad Wanke, Bruce Whitaker and Emily Hibard
(Alternate)
NOES:None
ABSENT:Brad Avery, Jon Dumitru, Marshall Goodman, Farrah Khan and John
Withers
ABSTENTIONS:None
13.PROFESSIONAL CONSULTANT SERVICES AGREEMENTS FOR
HUMAN RESOURCES LEGAL SERVICES
2023-3283
Originator: Laura Maravilla
MOVED, SECONDED, AND DULY CARRIED TO:
Approve Professional Consultant Services Agreements with Liebert Cassidy Whitmore
and Payne & Fears LLP for Human Resources Legal Services, Specification No.
CS-2023-1412BD, for the period beginning November 1, 2023 through October 31,
2026 with two (2) optional one-year renewals.
AYES:Pat Burns, Doug Chaffee, Rose Espinoza, Stephen Faessel, Ryan
Gallagher, Glenn Grandis, Phil Hawkins, Johnathan Ryan Hernandez,
Stephanie Klopfenstein, Christine Marick, Scott Minikus, Andrew
Nguyen, Robert Ooten, Robbie Pitts, David Shawver, Susan Sonne,
Schelly Sustarsic, Chad Wanke, Bruce Whitaker and Emily Hibard
(Alternate)
NOES:None
ABSENT:Brad Avery, Jon Dumitru, Marshall Goodman, Farrah Khan and John
Withers
ABSTENTIONS:None
NON-CONSENT:
14.PAYMENT AGREEMENT FOR CAPITAL FACILITIES CAPACITY
CHARGES FOR LEGADO AT THE MET LLC
2023-3251
Originator: Wally Ritchie
Director of Finance Wally Ritchie provided an introduction to the item.
MOVED, SECONDED, AND DULY CARRIED TO:
Approve the Deferred Payment Agreement for Capital Facility Capacity Charges
(CFCC) with Legado at the MET LLC in the amount of $941,486.38.
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BOARD OF DIRECTORS Minutes October 25, 2023
AYES:Pat Burns, Doug Chaffee, Rose Espinoza, Stephen Faessel, Ryan
Gallagher, Glenn Grandis, Phil Hawkins, Johnathan Ryan Hernandez,
Stephanie Klopfenstein, Christine Marick, Scott Minikus, Andrew
Nguyen, Robert Ooten, Robbie Pitts, David Shawver, Susan Sonne,
Schelly Sustarsic, Chad Wanke, Bruce Whitaker and Emily Hibard
(Alternate)
NOES:None
ABSENT:Brad Avery, Jon Dumitru, Marshall Goodman, Farrah Khan and John
Withers
ABSTENTIONS:None
INFORMATION ITEMS:
None.
AB 1234 DISCLOSURE REPORTS:
Director Stephen Faessel reported on his attendance at the recent ISDOC meeting; and
Director David Shawver provided a report on his attendance at the monthly OCCOG meeting.
CLOSED SESSION:
CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS
54956.9(d)(4) & 54956.9(D)(1).
The Board convened in closed session at 6:21 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)(4)
2023-3285
CONVENED IN CLOSED SESSION:
Initiation of Litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9.
Number of Potential Cases: 1
Recovery of sales tax paid to the California Department of Tax and Fee Administration.
CS-2 CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION -
GOVERNMENT CODE SECTION 54956.9(D)(1)
2023-3286
CONVENED IN CLOSED SESSION:
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BOARD OF DIRECTORS Minutes October 25, 2023
Number of Cases: 1
Richard Chappell Workers’ Compensation Claim, Workers Compensation Appeals
Board, Case No. ADJ14219168
RECONVENED IN REGULAR SESSION.
The Board reconvened in regular session at 6:43 p.m.
CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED
SESSION:
General Counsel Brad Hogin stated that the Board of Directors unanimously approved new
agreements in regard to tax refunds for chemical purchases.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY:
None.
BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING:
None.
ADJOURNMENT:
At 6:44 p.m., Chair Wanke adjourned the meeting until the Special Meeting of the Board of
Directors on October 27, 2023 at 11:00 a.m.
Submitted by:
__________________
Kelly A. Lore, MMC
Clerk of the Board
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