HomeMy WebLinkAbout02-28-2024 Board of Directors MinutesORANGE COUNTY SANITATION DISTRICT
MINUTES
BOARD OF DIRECTORS
FEBRUARY 28, 2024
Board Room
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
BOARD OF DIRECTORS Minutes February 28, 2024
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 28, 2024 at 6:01
p.m. in the Administration Building of the Orange County Sanitation District. Director Schelly
Sustarsic delivered the invocation and led the Pledge of Allegiance.
1.APPOINTMENTS TO THE ORANGE COUNTY SANITATION DISTRICT
BOARD OF DIRECTORS
2024-3455
Originator: Kelly Lore
Without objection the item was received and filed.
Receive and file confirmation/minute excerpts of member agencies relating to
appointments to the Orange County Sanitation District Board of Directors:
Agency Director Alternate Director
City of Cypress Scott Minikus Bonnie Peat
City of Fullerton Bruce Whitaker Nick Dunlap
City of Orange Jon Dumitru John Gyllenhammer
City of Santa Ana Johnathan Ryan Hernandez Benjamin Vazquez
City of Seal Beach Schelly Sustarsic Lisa Landau
City of Tustin Ryan Gallagher Austin Lumbard
City of Villa Park Robbie Pitts Jordan Wu
Costa Mesa Sanitary District Bob Ooten Art Perry
Irvine Ranch Water District John Withers Douglas Reinhart
Yorba Linda Water District Phil Hawkins Tom Lindsey
Board of Supervisors Doug Chaffee Donald P. Wagner
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, Stephen Faessel, Ryan Gallagher, Glenn Grandis, Phil
Hawkins, Johnathan Ryan Hernandez, Farrah Khan, Christine Marick,
Scott Minikus, Jordan Nefulda, Andrew Nguyen, Robert Ooten,
Robbie Pitts, David Shawver, Schelly Sustarsic, Chad Wanke, Bruce
Whitaker, Jose Medrano (Alternate) and John O'Neill (Alternate)
ABSENT:John Withers
STAFF PRESENT: Rob Thompson, General Manager; Lorenzo Tyner, Assistant General
Manager; Mike 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;
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BOARD OF DIRECTORS Minutes February 28, 2024
Jennifer Cabral; Jackie Castro; Daisy Covarrubias; Raul Cuellar; Thys DeVries; Martin Dix; Al
Garcia; Marianne Kleine; Rob Michaels; Aldwin Ramirez; Perla Rodriguez; and Ruth Zintzun
were present in the Board Room.
OTHERS PRESENT: Brad Hogin, General Counsel; Gary Weisberg, Associate Counsel;
Lindsay Caro, Associate Counsel; Alex Ackerman, Special Counsel, Alston & Bird LLP; and
Matt Wickersham, Special Counsel, Alston & Bird LLP were present in the Board Room.
PUBLIC COMMENTS:
The following spoke in opposition of Item Nos. CS-3 and CS-4:
Andrea Rizzo, Tanya Sapp, Frank Clarke, Diane Haynes, Mika Terajima, Eric Spear, Debora
West, Rob Jackson, Kathy Stephens, Gerry McCabe, Scott Monastra, Francis La Placa,
Cathy McCabe, Derek Uerling, and Philip Rizzo.
The Clerk of the Board also read electronic comments from two guest users and Sheri La
Placa, in opposition of Item Nos. CS-3 and CS-4.
SPECIAL PRESENTATIONS:
2.EMPLOYEE SERVICE AWARDS 2024-3464
Originator: Kelly Lore
Chair Wanke recognized Office Assistant Gerry Matthews and Reliability Maintenance
Technician Brian Tafolla for their 20-years of service.
20-year Service Awards
Gerry Matthews, Office Assistant - Division 120
Brian Tafolla, Reliability Maintenance Technician - Division 870
REPORTS:
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.
Chair Wanke acknowledged the Huntington Beach residents in attendance and stated that
their comments and feedback were noted.
General Manager Rob Thompson provided a report on his recent presentation during the
Opening Session of the California Water Environment Association - Pretreatment, Pollution
Prevention, and Stormwater Compliance conference on “Building a Culture of
Accomplishment at your Agency”. He stated he also attended the National Association of
Clean Water Agencies conference to accept the 2024 National Environmental Achievement
Award in the Community Leadership category for the Final Expansion of the Groundwater
Replenishment System.
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BOARD OF DIRECTORS Minutes February 28, 2024
Mr. Thompson stated that OC San recently hosted the Cybersecurity and
Infrastructure Security Deputy Director, which consisted of a round table discussion on OC San's Cybersecurity Program and a tour of Plant No. 1.
Mr. Thompson stated that he would be participating in an Orange County Water District
webinar focused on constituents of emerging concern with a focus on the Supercritical Water
Oxidation project.
CONSENT CALENDAR:
3. APPROVAL OF MINUTES 2024-3465
Originator: Kelly Lore
MOVED, SECONDED, AND DULY CARRIED TO:
Approve minutes of the Special meeting of the Board of Directors held January 17,
2024.
AYES:Joyce Ahn, Brad Avery, Debbie Baker, Pat Burns, Doug Chaffee, Jon
Dumitru, Stephen Faessel, Ryan Gallagher, Glenn Grandis, Phil
Hawkins, Johnathan Ryan Hernandez, Farrah Khan, Christine Marick,
Scott Minikus, Jordan Nefulda, Andrew Nguyen, Robert Ooten,
Robbie Pitts, David Shawver, Schelly Sustarsic, Chad Wanke, Bruce
Whitaker, Jose Medrano (Alternate) and John O'Neill (Alternate)
NOES:None
ABSENT:John Withers
ABSTENTIONS:None
4. ABANDONED SEWER EASEMENT QUITCLAIM DEED 2024-3466
Originator: Wally Ritchie
MOVED, SECONDED, AND DULY CARRIED TO:
A. Approve the easement quitclaim with the City of Garden Grove for abandoned
sewer easements, in a form approved by General Counsel; and
B. Direct the Clerk of the Board to record the quitclaim with the Orange County
Clerk-Recorder’s Office.
AYES:Joyce Ahn, Brad Avery, Debbie Baker, Pat Burns, Doug Chaffee, Jon
Dumitru, Stephen Faessel, Ryan Gallagher, Glenn Grandis, Phil
Hawkins, Johnathan Ryan Hernandez, Farrah Khan, Christine Marick,
Scott Minikus, Jordan Nefulda, Andrew Nguyen, Robert Ooten,
Robbie Pitts, David Shawver, Schelly Sustarsic, Chad Wanke, Bruce
Whitaker, Jose Medrano (Alternate) and John O'Neill (Alternate)
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BOARD OF DIRECTORS Minutes February 28, 2024
NOES:None
ABSENT:John Withers
ABSTENTIONS:None
RECEIVE AND FILE:
5. COMMITTEE MEETING MINUTES 2024-3449
Originator: Kelly Lore
WITHOUT OBJECTION ACTION TAKEN TO RECEIVE AND FILE THE FOLLOWING:
A. Minutes of the GWRS Steering Committee Meeting held October 9, 2023
B. Minutes of the Operations Committee Meeting held December 6, 2023
C. Minutes of the Administration Committee Meeting held December 13, 2023
D. Minutes of the Steering Committee Meeting held December 14, 2023
6. REPORT OF THE INVESTMENT TRANSACTIONS FOR THE MONTH
OF JANUARY 2024
2024-3424
Originator: Wally Ritchie
WITHOUT OBJECTION ACTION TAKEN TO RECEIVE AND FILE THE FOLLOWING:
Report of the Investment Transactions for the month of January 2024.
OPERATIONS COMMITTEE:
7. COOPER BESSEMER PISTONS FOR SPARE INVENTORY 2024-3469
Originator: Riaz Moinuddin
MOVED, SECONDED, AND DULY CARRIED TO:
A. Approve a Sole Source Purchase Order to Cooper Machinery Services LLC for
the procurement of 16 spare piston assemblies for the Central Generation
(CenGen) engines, for a total amount not to exceed $367,931 including
applicable sales tax & freight; and
B. Approve a contingency of $36,793 (10%).
AYES:Joyce Ahn, Brad Avery, Debbie Baker, Pat Burns, Doug Chaffee, Jon
Dumitru, Stephen Faessel, Ryan Gallagher, Glenn Grandis, Phil
Hawkins, Johnathan Ryan Hernandez, Farrah Khan, Christine Marick,
Scott Minikus, Jordan Nefulda, Andrew Nguyen, Robert Ooten,
Robbie Pitts, David Shawver, Schelly Sustarsic, Chad Wanke, Bruce
Whitaker, Jose Medrano (Alternate) and John O'Neill (Alternate)
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BOARD OF DIRECTORS Minutes February 28, 2024
NOES:None
ABSENT:John Withers
ABSTENTIONS:None
8. COLLECTION SYSTEM LEASE AGREEMENT 2024-3470
Originator: Riaz Moinuddin
MOVED, SECONDED, AND DULY CARRIED TO:
Approve a new Site Access and License Agreement with Pacific Quality Partners to
lease property to operate a chemical dosing station at 1355 West Imperial Highway in
the City of Brea for a term of 36 months at the following lease terms in a form approved
by General Counsel:
·April 22, 2024 - April 21, 2025, not to exceed $3,200 monthly, annual total $38,400.
·April 22, 2025 - April 21, 2026, not to exceed $3,296 monthly, annual total $39,552.
·April 22, 2026 - April 21, 2027, not to exceed $3,395 monthly, annual total $40,740.
AYES:Joyce Ahn, Brad Avery, Debbie Baker, Pat Burns, Doug Chaffee, Jon
Dumitru, Stephen Faessel, Ryan Gallagher, Glenn Grandis, Phil
Hawkins, Johnathan Ryan Hernandez, Farrah Khan, Christine Marick,
Scott Minikus, Jordan Nefulda, Andrew Nguyen, Robert Ooten,
Robbie Pitts, David Shawver, Schelly Sustarsic, Chad Wanke, Bruce
Whitaker, Jose Medrano (Alternate) and John O'Neill (Alternate)
NOES:None
ABSENT:John Withers
ABSTENTIONS:None
9. SEWER PIPELINE CCTV INSPECTION SERVICES 2024-3471
Originator: Riaz Moinuddin
MOVED, SECONDED, AND DULY CARRIED TO:
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BOARD OF DIRECTORS Minutes February 28, 2024
A. Approve General Services Contracts to two contractors: Pro-Pipe, Inc. (Primary)
for a not to exceed amount of $1,076,373; and National Plant Services, Inc.
(Secondary) for $480,000 for Sewer Pipeline CCTV Inspection Services,
Specification No. S-2023-1423BD for the period beginning March 1, 2024,
through February 28, 2025, with four one-year renewal options for each service
provider;
B. Approve an annual contingency of a 10% increase over the prior year for all
renewal periods and service providers; and
C. Authorize the General Manager or his designee to amend the General Services
Contracts to move funds from one contract to another as necessary due to
business needs, with the total of both contracts not exceeding the
Board-authorized amount of $1,556,373 plus contingencies.
AYES:Joyce Ahn, Brad Avery, Debbie Baker, Pat Burns, Doug Chaffee, Jon
Dumitru, Stephen Faessel, Ryan Gallagher, Glenn Grandis, Phil
Hawkins, Johnathan Ryan Hernandez, Farrah Khan, Christine Marick,
Scott Minikus, Jordan Nefulda, Andrew Nguyen, Robert Ooten,
Robbie Pitts, David Shawver, Schelly Sustarsic, Chad Wanke, Bruce
Whitaker, Jose Medrano (Alternate) and John O'Neill (Alternate)
NOES:None
ABSENT:John Withers
ABSTENTIONS:None
10. BIOSOLIDS HAULING SERVICES - SPECIFICATION NO.
S-2020-1208BD CONTINGENCY INCREASE
2024-3472
Originator: Lan Wiborg
MOVED, SECONDED, AND DULY CARRIED TO:
A. Approve an additional contingency increase of 3.25% to the unit price per wet
ton for Denali Water Solutions, LLC (Denali) for Biosolids Hauling for an overall
contingency of 23.25% per wet ton, for a new unit price of $19.14 per wet ton of
biosolids plus fuel surcharges, with the total annual amount not to exceed
$600,000 per year effective March 1, 2024, through December 31, 2024; and
B. Approve an annual unit price contingency increase of 5% for each of the two
optional remaining one-year renewal periods that are based on a good faith
estimate from Denali.
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BOARD OF DIRECTORS Minutes February 28, 2024
AYES:Joyce Ahn, Brad Avery, Debbie Baker, Pat Burns, Doug Chaffee, Jon
Dumitru, Stephen Faessel, Ryan Gallagher, Glenn Grandis, Phil
Hawkins, Johnathan Ryan Hernandez, Farrah Khan, Christine Marick,
Scott Minikus, Jordan Nefulda, Andrew Nguyen, Robert Ooten,
Robbie Pitts, David Shawver, Schelly Sustarsic, Chad Wanke, Bruce
Whitaker, Jose Medrano (Alternate) and John O'Neill (Alternate)
NOES:None
ABSENT:John Withers
ABSTENTIONS:None
11. LIQUID OXYGEN TANK B REPLACEMENT AT PLANT NO. 2,
PROJECT NO. FE22-02
2024-3473
Originator: Mike Dorman
MOVED, SECONDED, AND DULY CARRIED TO:
A. Approve a Services Contract with J.R. Filanc Construction Company, Inc. to
provide the Liquid Oxygen Tank B Replacement at Plant No. 2 (FE22-02),
Specification No. S-2023-1426BD, for a total amount not to exceed $3,098,000;
and
B. Approve a contingency in the amount of $309,800 (10%).
AYES:Joyce Ahn, Brad Avery, Debbie Baker, Pat Burns, Doug Chaffee, Jon
Dumitru, Stephen Faessel, Ryan Gallagher, Glenn Grandis, Phil
Hawkins, Johnathan Ryan Hernandez, Farrah Khan, Christine Marick,
Scott Minikus, Jordan Nefulda, Andrew Nguyen, Robert Ooten,
Robbie Pitts, David Shawver, Schelly Sustarsic, Chad Wanke, Bruce
Whitaker, Jose Medrano (Alternate) and John O'Neill (Alternate)
NOES:None
ABSENT:John Withers
ABSTENTIONS:None
12. HEADQUARTERS COMPLEX AT PLANT NO. 1, PROJECT NO.
P1-128A
2024-3474
Originator: Mike Dorman
MOVED, SECONDED, AND DULY CARRIED TO:
Approve a contingency increase of $147,000 (3%) to the Professional Construction
Services Agreement with HDR Engineering, Inc. for Headquarters Complex at Plant
No. 1, Project No. P1-128A, for a total contingency of $735,000 (15%) and a total
contract amount not to exceed $5,635,000.
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BOARD OF DIRECTORS Minutes February 28, 2024
AYES:Joyce Ahn, Brad Avery, Debbie Baker, Pat Burns, Doug Chaffee, Jon
Dumitru, Stephen Faessel, Ryan Gallagher, Glenn Grandis, Phil
Hawkins, Johnathan Ryan Hernandez, Farrah Khan, Christine Marick,
Scott Minikus, Jordan Nefulda, Andrew Nguyen, Robert Ooten,
Robbie Pitts, David Shawver, Schelly Sustarsic, Chad Wanke, Bruce
Whitaker, Jose Medrano (Alternate) and John O'Neill (Alternate)
NOES:None
ABSENT:John Withers
ABSTENTIONS:None
ADMINISTRATION COMMITTEE:
13. GENERAL MANAGER APPROVED PURCHASES AND ADDITIONS
TO THE PRE-APPROVED OEM SOLE SOURCE LIST
2024-3492
Originator: Wally Ritchie
MOVED, SECONDED, AND DULY CARRIED TO:
Receive and file Orange County Sanitation District purchases made under the General
Manager’s authority for the period of October 1, 2023 to December 31, 2023.
AYES:Joyce Ahn, Brad Avery, Debbie Baker, Pat Burns, Doug Chaffee, Jon
Dumitru, Stephen Faessel, Ryan Gallagher, Glenn Grandis, Phil
Hawkins, Johnathan Ryan Hernandez, Farrah Khan, Christine Marick,
Scott Minikus, Jordan Nefulda, Andrew Nguyen, Robert Ooten,
Robbie Pitts, David Shawver, Schelly Sustarsic, Chad Wanke, Bruce
Whitaker, Jose Medrano (Alternate) and John O'Neill (Alternate)
NOES:None
ABSENT:John Withers
ABSTENTIONS:None
14. PURCHASE OF IT HARDWARE FOR ENTERPRISE SERVER
REFRESH AND UPGRADE
2024-3493
Originator: Wally Ritchie
MOVED, SECONDED, AND DULY CARRIED TO:
A. Approve a Purchase Order to ePlus Technology, inc. for the purchase of IT
Hardware for Enterprise Server Refresh and Upgrade, Specification No.
E-2023-1435BD, for a total amount not to exceed $2,038,037 (plus applicable
sales tax); and
B. Approve a contingency in the amount of $203,804 (10%).
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BOARD OF DIRECTORS Minutes February 28, 2024
AYES:Joyce Ahn, Brad Avery, Debbie Baker, Pat Burns, Doug Chaffee, Jon
Dumitru, Stephen Faessel, Ryan Gallagher, Glenn Grandis, Phil
Hawkins, Johnathan Ryan Hernandez, Farrah Khan, Christine Marick,
Scott Minikus, Jordan Nefulda, Andrew Nguyen, Robert Ooten,
Robbie Pitts, David Shawver, Schelly Sustarsic, Chad Wanke, Bruce
Whitaker, Jose Medrano (Alternate) and John O'Neill (Alternate)
NOES:None
ABSENT:John Withers
ABSTENTIONS:None
15. MID-YEAR FINANCIAL REPORT FOR THE PERIOD ENDED
DECEMBER 31, 2023
2024-3494
Originator: Wally Ritchie
MOVED, SECONDED, AND DULY CARRIED TO:
Receive and file the Orange County Sanitation District Mid-Year Financial Report for
the period ended December 31, 2023.
AYES:Joyce Ahn, Brad Avery, Debbie Baker, Pat Burns, Doug Chaffee, Jon
Dumitru, Stephen Faessel, Ryan Gallagher, Glenn Grandis, Phil
Hawkins, Johnathan Ryan Hernandez, Farrah Khan, Christine Marick,
Scott Minikus, Jordan Nefulda, Andrew Nguyen, Robert Ooten,
Robbie Pitts, David Shawver, Schelly Sustarsic, Chad Wanke, Bruce
Whitaker, Jose Medrano (Alternate) and John O'Neill (Alternate)
NOES:None
ABSENT:John Withers
ABSTENTIONS:None
STEERING COMMITTEE:
16. PUBLIC AFFAIRS UPDATE FOR THE MONTH OF JANUARY 2024 2024-3506
Originator: Rob Thompson
MOVED, SECONDED, AND DULY CARRIED TO:
Receive and file the Public Affairs Update for the month of January 2024.
AYES:Joyce Ahn, Brad Avery, Debbie Baker, Pat Burns, Doug Chaffee, Jon
Dumitru, Stephen Faessel, Ryan Gallagher, Glenn Grandis, Phil
Hawkins, Johnathan Ryan Hernandez, Farrah Khan, Christine Marick,
Scott Minikus, Jordan Nefulda, Andrew Nguyen, Robert Ooten,
Robbie Pitts, David Shawver, Schelly Sustarsic, Chad Wanke, Bruce
Whitaker, Jose Medrano (Alternate) and John O'Neill (Alternate)
NOES:None
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BOARD OF DIRECTORS Minutes February 28, 2024
ABSENT:John Withers
ABSTENTIONS:None
17.LEGISLATIVE AFFAIRS UPDATE FOR THE MONTH OF JANUARY
2024
2024-3507
Originator: Rob Thompson
MOVED, SECONDED, AND DULY CARRIED TO:
Receive and file the Legislative Affairs Update for the month of January 2024.
AYES:Joyce Ahn, Brad Avery, Debbie Baker, Pat Burns, Doug Chaffee, Jon
Dumitru, Stephen Faessel, Ryan Gallagher, Glenn Grandis, Phil
Hawkins, Johnathan Ryan Hernandez, Farrah Khan, Christine Marick,
Scott Minikus, Jordan Nefulda, Andrew Nguyen, Robert Ooten,
Robbie Pitts, David Shawver, Schelly Sustarsic, Chad Wanke, Bruce
Whitaker, Jose Medrano (Alternate) and John O'Neill (Alternate)
NOES:None
ABSENT:John Withers
ABSTENTIONS:None
NON-CONSENT:
None.
INFORMATION ITEMS:
None.
AB 1234 DISCLOSURE REPORTS:
Directors David Shawver, Stephen Faessel, Jon Dumitru, and Pat Burns provided reports on
their recent regional committee meeting attendance.
CLOSED SESSION:
CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS
54956.9(d)(1) & 54956.9(d)(4).
The Board convened in closed session at 7:04 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.
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BOARD OF DIRECTORS Minutes February 28, 2024
CS-1 CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION -
GOVERNMENT CODE SECTION 54956.9(d)(1)
2024-3502
CONVENED IN CLOSED SESSION:
Number of Cases: 1
Thomas Solar Energy v. Orange County Sanitation District, Orange County Superior
Court Case No. 30-2023-01337224...body
CS-2 CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION -
GOVERNMENT CODE SECTION 54956.9(d)(1)
2024-3503
CONVENED IN CLOSED SESSION:
Number of Cases: 1
Klean Waters, Inc., et al. v. Orange County Sanitation District, United States District
Court, Central District of California, Southern Division, Case No. 8:15-cv-00627...body
CS-3 CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION -
GOVERNMENT CODE SECTION 54956.9(d)(1)
2024-3504
CONVENED IN CLOSED SESSION:
Number of Potential Cases: 1
Orange County Sanitation District v. Robert M. Jackson, et al., Orange County Superior
Court Case No. 30-2024-01379706-CU-OR-CJC.
CS-4 CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED
LITIGATION - GOVERNMENT CODE SECTION 54956.9(d)(4)
2024-3505
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 8:18 p.m.
CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED
SESSION:
General Counsel Brad Hogin stated there was no reportable action.
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BOARD OF DIRECTORS Minutes February 28, 2024
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY:
None.
BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING:
None.
ADJOURNMENT:
At 8:20 p.m., Chair Wanke adjourned the meeting until the next Regular Meeting of the Board
of Directors to be held on Wednesday, March 27, 2024 at 6:00 p.m.
Submitted by:
__________________
Kelly A. Lore, MMC
Clerk of the Board
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