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HomeMy WebLinkAbout01-17-2024 Board of Directors MinutesORANGE COUNTY SANITATION DISTRICT MINUTES BOARD OF DIRECTORS SPECIAL MEETING JANUARY 17, 2024 Board Room Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 BOARD OF DIRECTORS Minutes January 17, 2024 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 Wednesday, January 17, 2024 at 4:30 p.m. in the Administration Building of the Orange County Sanitation District. RECESS - TOUR OF HEADQUARTERS BUILDING Chair Wanke recessed the meeting at 4:31 p.m. to proceed to the tour of the Headquarters Complex building. 1.HEADQUARTERS COMPLEX AT PLANT NO. 1, PROJECT NO. P1-128A 2023-3243 Originator: Mike Dorman Staff provided a tour of the Headquarters Complex. Directors Glenn Grandis, Johnathan Ryan Hernandez, and Bruce Whitaker departed the meeting at approximately 5:40 p.m. RECONVENED 6:00 P.M. Chair Wanke reconvened the meeting of the Board of Directors at 6:00 p.m. Chair Wanke delivered the invocation and led the Pledge of Allegiance. 2.APPOINTMENTS TO THE ORANGE COUNTY SANITATION DISTRICT BOARD OF DIRECTORS 2024-3391 Originator: Kelly Lore Clerk of the Board Kelly Lore provided a late communication regarding an additional appointment to Item No. 2. WITHOUT OBJECTION ACTION TAKEN TO RECEIVE AND FILE THE FOLLOWING: Page 1 of 10 BOARD OF DIRECTORS Minutes January 17, 2024 Receive and file minute excerpts of member agencies relating to appointments to the Orange County Sanitation District Board of Directors: Agency Director Alternate Director City of Anaheim Stephen Faessel Carlos A. Leon City of Brea Christine Marick Cecilia Hupp City of Buena Park Joyce Ahn Art Brown City of Fountain Valley Glenn Grandis Ted Bui City of Garden Grove Stephanie Klopfenstein John O’Neill City of Huntington Beach Pat Burns Gracey Van Der Mark City of Irvine Farrah N. Khan Kathleen Treseder City of La Habra Rose Espinoza Jose Medrano City of La Palma Debbie Baker Mark I. Waldman City of Los Alamitos Jordan Nefulda Shelley Hasselbrink City of Newport Beach Brad Avery Erik Weigand City of Placentia Chad Wanke Ward Smith City of Stanton David Shawver Carol Warren Midway City Sanitary District Andrew Nguyen Tyler Diep ROLL CALL AND DECLARATION OF QUORUM The Clerk of the Board declared a quorum present as follows: PRESENT:Joyce Ahn, Brad Avery, Debbie Baker, Pat Burns, Doug Chaffee, Jon Dumitru, Rose Espinoza, Stephen Faessel, Ryan Gallagher, Glenn Grandis, Phil Hawkins, Johnathan Ryan Hernandez, Stephanie Klopfenstein, Christine Marick, Jordan Nefulda, Andrew Nguyen, Robbie Pitts, David Shawver, Schelly Sustarsic, Chad Wanke, Bruce Whitaker and Kathleen Treseder (Alternate) ABSENT:Scott Minikus, Robert Ooten 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; Janine Aguilar; Jennifer Cabral; Mortimer Caparas; Jackie Castro; Tanya Chong; Daisy Covarrubias; Raul Cuellar; Thys DeVries; Martin Dix; Al Garcia; Laurie Klinger; Tina Knapp; Perla Rodriguez; and Ruth Zintzun were present in the Board Room. Eros Yong was present telephonically. OTHERS PRESENT: Brad Hogin, General Counsel; Lindsay Caro, Associate Counsel; Gary Weisberg, Associate Counsel; Jesus Gaona-Perez; Marshall Goodman; Jennifer Wicks; Derek Uerling; Scott and Cathy Monastra; Philip Rizzo; and Francis La Placa were present in the Board Room. Alternate Director Art Perry and Jennifer (Guest) were present telephonically. Page 2 of 10 BOARD OF DIRECTORS Minutes January 17, 2024 PUBLIC COMMENTS: Huntington Beach residents Philip Rizzo, Sheri La Placa, and Diane Haynes Edgar spoke in opposition to the offer letter of compromise in regards to the Rhone Lane easement encroachments; and requested a 120-day extension to the January 31st signing deadline. Derek Uerling and a guest user provided electronic comments also requesting that a 120-day extension to the offer letter of compromise be granted; and requested that this matter be placed on the agenda for a meeting on January 31, 2024. SPECIAL PRESENTATIONS: 3.COMMENDATIONS TO OUTGOING BOARD MEMBERS 2024-3403 Originator: Kelly Lore Chair Wanke thanked the former Alternate Directors for their service. He also thanked former Director Susan Sonne for her year of service. Chair Wanke presented a Commendation to Marshall Goodman for his five years of service to OC San. Special Presentation: Outgoing Board Members & Alternate Members CITY DIRECTOR ALTERNATE DIRECTOR Anaheim Natalie Meeks Buena Park Susan Sonne La Palma Marshall Goodman Los Alamitos Emily Hibard Midway City Sanitary District Mark Nguyen Irvine Tammy Kim 4.EMPLOYEE SERVICE AWARDS 2024-3388 Originator: Kelly Lore Chair Wanke introduced Director of Human Resources Laura Maravilla who presented a 20-year service award to Principal Human Resources Analyst Laurie Klinger. Chair Wanke also recognized Maintenance Supervisor Robert Bell, who could not be in attendance, for his 30 years of service with OC San. 30-year Service Award Robert Bell, Maintenance Supervisor - Division 822 20-year Service Award Laurie Klinger, Principal HR Analyst - Division 160 Page 3 of 10 BOARD OF DIRECTORS Minutes January 17, 2024 REPORTS: Chair Wanke welcomed new OC San Board members - Debbie Baker (La Palma), Joyce Ahn (Buena Park), and Alternate Director Kathleen Treseder (Irvine) who are in attendance tonight. Chair Wanke also announced the following OC San Committee Appointments: Jon Dumitru appointed as the Operations Committee Chairperson, Glenn Grandis appointed as Steering Committee Member-at-large, Pat Burns appointed as OC San’s representative to SARFPA, and Phil Hawkins appointed as a member of the Audit Ad Hoc Committee. Chair Wanke stated that the Directors would receive talking points regarding OC San activities to assist while reporting out to their councils, boards, and community groups. General Manager Rob Thompson announced that the OC San Administrative Offices would be closed on February 19th in observance of Presidents' Day. Mr. Thompson provided a report on his recent participation in the Coalition for Environmental Protection, Restoration, and Development program where he and OCWD General Manager Mike Markus spoke about lessons learned and what to have in mind when agencies are considering direct potable reuse. Mr. Thompson provided a report on upcoming participation in the following: Fountain Valley Mayor’s Breakfast, sharing information on OC San’s upcoming projects, and the new Headquarters Building; CASA winter conference “Building a Culture of Accomplishment at your Agency” as a presenter; CWEA Pretreatment, Pollution Prevention, and Stormwater Compliance conference opening session as a presenter; and NACWA conference to accept the 2024 National Environmental Achievement Award in the Community Leadership category for the Final Expansion of the Groundwater Replenishment System. CONSENT CALENDAR: 5. APPROVAL OF MINUTES 2024-3389 Originator: Kelly Lore MOVED, SECONDED, AND DULY CARRIED TO: Approve minutes of the Regular meeting of the Board of Directors held December 14, 2023. AYES:Joyce Ahn, Brad Avery, Debbie Baker, Pat Burns, Doug Chaffee, Jon Dumitru, Rose Espinoza, Stephen Faessel, Ryan Gallagher, Phil Hawkins, Stephanie Klopfenstein, Christine Marick, Jordan Nefulda, Andrew Nguyen, Robbie Pitts, David Shawver, Schelly Sustarsic, Chad Wanke and Kathleen Treseder (Alternate) NOES:None Page 4 of 10 BOARD OF DIRECTORS Minutes January 17, 2024 ABSENT:Glenn Grandis, Johnathan Ryan Hernandez, Scott Minikus, Robert Ooten, Bruce Whitaker and John Withers ABSTENTIONS:None RECEIVE AND FILE: 6.COMMITTEE MEETING MINUTES 2024-3390 Originator: Kelly Lore WITHOUT OBJECTION ACTION TAKEN TO RECEIVE AND FILE THE FOLLOWING: Minutes of the Steering Committee Meeting held November 15, 2023 7.REPORT OF THE INVESTMENT TRANSACTIONS FOR THE MONTH OF DECEMBER 2023 2024-3420 Originator: Wally Ritchie WITHOUT OBJECTION ACTION TAKEN TO RECEIVE AND FILE THE FOLLOWING: Report of the Investment Transactions for the month of December 2023. OPERATIONS COMMITTEE: None. ADMINISTRATION COMMITTEE: None. STEERING COMMITTEE: 8.PUBLIC AFFAIRS UPDATE FOR THE MONTH OF DECEMBER 2023 2024-3440 Originator: Rob Thompson MOVED, SECONDED, AND DULY CARRIED TO: Receive and file the Public Affairs Update for the month of December 2023. AYES:Joyce Ahn, Brad Avery, Debbie Baker, Pat Burns, Doug Chaffee, Jon Dumitru, Rose Espinoza, Stephen Faessel, Ryan Gallagher, Phil Hawkins, Stephanie Klopfenstein, Christine Marick, Jordan Nefulda, Andrew Nguyen, Robbie Pitts, David Shawver, Schelly Sustarsic, Chad Wanke and Kathleen Treseder (Alternate) NOES:None Page 5 of 10 BOARD OF DIRECTORS Minutes January 17, 2024 ABSENT:Glenn Grandis, Johnathan Ryan Hernandez, Scott Minikus, Robert Ooten, Bruce Whitaker and John Withers ABSTENTIONS:None 9.LEGISLATIVE AFFAIRS UPDATE FOR THE MONTH OF DECEMBER 2023 2024-3441 Originator: Rob Thompson MOVED, SECONDED, AND DULY CARRIED TO: Receive and file the Legislative Affairs Update for the month of December 2023. AYES:Joyce Ahn, Brad Avery, Debbie Baker, Pat Burns, Doug Chaffee, Jon Dumitru, Rose Espinoza, Stephen Faessel, Ryan Gallagher, Phil Hawkins, Stephanie Klopfenstein, Christine Marick, Jordan Nefulda, Andrew Nguyen, Robbie Pitts, David Shawver, Schelly Sustarsic, Chad Wanke and Kathleen Treseder (Alternate) NOES:None ABSENT:Glenn Grandis, Johnathan Ryan Hernandez, Scott Minikus, Robert Ooten, Bruce Whitaker and John Withers ABSTENTIONS:None 10.GENERAL MANAGER’S FY 2023-2024 WORK PLAN MID-YEAR REPORT 2024-3442 Originator: Rob Thompson MOVED, SECONDED, AND DULY CARRIED TO: Receive and file the General Manager’s FY 2023-2024 Work Plan Mid-Year Report. AYES:Joyce Ahn, Brad Avery, Debbie Baker, Pat Burns, Doug Chaffee, Jon Dumitru, Rose Espinoza, Stephen Faessel, Ryan Gallagher, Phil Hawkins, Stephanie Klopfenstein, Christine Marick, Jordan Nefulda, Andrew Nguyen, Robbie Pitts, David Shawver, Schelly Sustarsic, Chad Wanke and Kathleen Treseder (Alternate) NOES:None ABSENT:Glenn Grandis, Johnathan Ryan Hernandez, Scott Minikus, Robert Ooten, Bruce Whitaker and John Withers ABSTENTIONS:None 11.PUBLIC AFFAIRS STRATEGIC PLAN FOR FISCAL YEARS 2022-2024 MID-YEAR UPDATE 2024-3443 Originator: Rob Thompson MOVED, SECONDED, AND DULY CARRIED TO: Page 6 of 10 BOARD OF DIRECTORS Minutes January 17, 2024 Receive and file the Public Affairs Strategic Plan for Fiscal Years 2022- 2024 Mid-Year Update. AYES:Joyce Ahn, Brad Avery, Debbie Baker, Pat Burns, Doug Chaffee, Jon Dumitru, Rose Espinoza, Stephen Faessel, Ryan Gallagher, Phil Hawkins, Stephanie Klopfenstein, Christine Marick, Jordan Nefulda, Andrew Nguyen, Robbie Pitts, David Shawver, Schelly Sustarsic, Chad Wanke and Kathleen Treseder (Alternate) NOES:None ABSENT:Glenn Grandis, Johnathan Ryan Hernandez, Scott Minikus, Robert Ooten, Bruce Whitaker and John Withers ABSTENTIONS:None 12.REIMBURSEMENT AGREEMENT FOR ORANGE COUNTY SANITATION DISTRICT MANHOLE FRAME AND COVER ADJUSTMENTS ON PACIFIC COAST HIGHWAY IN THE CITY OF NEWPORT BEACH 2024-3444 Originator: Mike Dorman MOVED, SECONDED, AND DULY CARRIED TO: Approve the Reimbursement Agreement with the City of Newport Beach titled “Reimbursement Agreement (Orange County Sanitation District Manhole Adjustment)” for an amount not to exceed $689,699 for Orange County Sanitation District manhole frame and cover adjustments on Pacific Coast Highway in the City of Newport Beach in a form approved by Special Counsel. AYES:Joyce Ahn, Brad Avery, Debbie Baker, Pat Burns, Doug Chaffee, Rose Espinoza, Stephen Faessel, Ryan Gallagher, Phil Hawkins, Stephanie Klopfenstein, Christine Marick, Jordan Nefulda, Andrew Nguyen, Robbie Pitts, David Shawver, Schelly Sustarsic, Chad Wanke and Kathleen Treseder (Alternate) NOES:None ABSENT:Glenn Grandis, Johnathan Ryan Hernandez, Scott Minikus, Robert Ooten, Bruce Whitaker and John Withers ABSTENTIONS:Jon Dumitru NON-CONSENT: 13.CONSIDERATION OF BUDGET ASSUMPTIONS AND BUDGET CALENDAR FOR PREPARATION OF THE FISCAL YEAR 2024-25 AND FISCAL YEAR 2025-26 BUDGETS 2023-3366 Originator: Wally Ritchie Director of Finance Wally Ritchie introduced Finance and Procurement Manager Ruth Zintzun who provided a PowerPoint presentation regarding the FY 24-25 and FY 25-26 Page 7 of 10 BOARD OF DIRECTORS Minutes January 17, 2024 budget assumptions which included an overview of the budget development assumptions, revenue, operation expenses, staffing, the Capital Improvement Program, debt financing, the FY 23-24 budget summary, and the key meeting dates. MOVED, SECONDED, AND DULY CARRIED TO: Approve the FY 2024-25 and FY 2025-26 budget assumptions and calendar. Direct staff to incorporate these parameters in the preparation of the FY 2024-25 and FY 2025-26 budgets. AYES:Joyce Ahn, Brad Avery, Debbie Baker, Pat Burns, Doug Chaffee, Jon Dumitru, Rose Espinoza, Stephen Faessel, Ryan Gallagher, Phil Hawkins, Stephanie Klopfenstein, Christine Marick, Jordan Nefulda, Andrew Nguyen, Robbie Pitts, David Shawver, Schelly Sustarsic, Chad Wanke and Kathleen Treseder (Alternate) NOES:None ABSENT:Glenn Grandis, Johnathan Ryan Hernandez, Scott Minikus, Robert Ooten, Bruce Whitaker and John Withers ABSTENTIONS:None INFORMATION ITEMS: 14. SOLICITATION OF GENERAL LEGAL SERVICES 2024-3445 Originator: Lorenzo Tyner Vice-Chair Ryan Gallagher provided an update of the discussion that took place at the General Legal Services Ad Hoc Committee meeting regarding the solicitation, scope of work, and contract structure for the upcoming General Legal Services procurement. MOVED, SECONDED, AND DULY CARRIED TO: Approve the solicitation, scope of work, and contract structure for the upcoming General Legal Services procurement. AYES:Joyce Ahn, Brad Avery, Debbie Baker, Pat Burns, Doug Chaffee, Jon Dumitru, Rose Espinoza, Stephen Faessel, Ryan Gallagher, Phil Hawkins, Stephanie Klopfenstein, Christine Marick, Jordan Nefulda, Andrew Nguyen, Robbie Pitts, David Shawver, Schelly Sustarsic, Chad Wanke and Kathleen Treseder (Alternate) NOES:None ABSENT:Glenn Grandis, Johnathan Ryan Hernandez, Scott Minikus, Robert Ooten, Bruce Whitaker and John Withers ABSTENTIONS:None AB 1234 DISCLOSURE REPORTS: Directors David Shawver, Stephen Faessel, and Jon Dumitru provided reports on their recent regional committee meeting attendance. Page 8 of 10 BOARD OF DIRECTORS Minutes January 17, 2024 CLOSED SESSION: CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(4). The Board convened in closed session at 6:35 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) 2024-3439 CONVENED IN CLOSED SESSION: Number of Potential Cases: 1 Potential initiation of litigation regarding Miller-Holder Easement. RECONVENED IN REGULAR SESSION. The Board reconvened in regular session at 7:24 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 grant a limited extension on certain conditions to the Rhone Lane homeowners who respond to the deadline of January 31, 2024. Homeowners that request, and schedule a meeting with the Sanitation District, in person, at the Sanitation District, will get an extension to February 16, 2024 to give an opportunity to come in and meet with the Sanitation District. Those who do not request and schedule a meeting before January 31, 2024, will get no extension. Those who actually appear and meet with the Sanitation District by February 16, 2024, will get an extension until February 27, 2024. Those who may have requested a meeting, but did not show up for the meeting by February 16th will have the extension only until February 16, 2024. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: None. BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING: None. Page 9 of 10 BOARD OF DIRECTORS Minutes January 17, 2024 ADJOURNMENT: At 7:26 p.m., Chair Wanke adjourned the special meeting until the regular meeting of the Board of Directors to be held on Wednesday, February 28, 2024 at 6:00 p.m. Submitted by: __________________ Kelly A. Lore, MMC Clerk of the Board Page 10 of 10