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HomeMy WebLinkAbout04-24-2024 Board of Directors MinutesORANGE COUNTY SANITATION DISTRICT MINUTES BOARD OF DIRECTORS APRIL 24, 2024 Board Room Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 BOARD OF DIRECTORS Minutes April 24, 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, April 24, 2024 at 6:03 p.m. in the Administration Building of the Orange County Sanitation District. Board Vice-Chairman Ryan Gallagher 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: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, Stephanie Klopfenstein, Christine Marick, Scott Minikus, Jordan Nefulda, Andrew Nguyen, Robert Ooten, Robbie Pitts, David Shawver, Schelly Sustarsic, Chad Wanke, Bruce Whitaker, John Withers and Jose Medrano (Alternate) ABSENT:None 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; Jennifer Cabral; Mortimer Caparas; Belen Carrillo; Jackie Castro; Sam Choi; Tanya Chong; Daisy Covarrubias; Raul Cuellar; Jacob Dalgoff; Thys DeVries; Justin Fenton; John Frattali; Al Garcia; Sergio Gonzalez; Larry Jones; Mark Kawamoto; Rebecca Long; Tom Meregillano; Rob Michaels; Aldwin Ramirez; Valerie Ratto; Vianey Sorto-Gaona; Paul Spassoff; Cristina Stanford; Mike Zedek; and Ruth Zintzun were present in the Board Room. OTHERS PRESENT: Brad Hogin, General Counsel; Lindsay Caro, Associate Counsel; Gary Weisberg, Associate Counsel; and Peter Lam, Special Counsel, Payne and Fears, were present in the Board Room. PUBLIC COMMENTS: None. SPECIAL PRESENTATIONS: 1.EMPLOYEE SERVICE AWARDS 2024-3558 Originator: Kelly Lore Director of Environmental Services Lan Wiborg presented a 30-year Employee Service Award to Mark Kawamoto; Mr. Kawamoto presented a 30-year Employee Service Award to Paul Spassoff; Director of Engineering Mike Dorman presented a 20-year Employee Service Award to Jacob Dalgoff; and Director of Finance Wally Ritchie presented a 20-year Employee Service Award to Rob Michaels. Page 1 of 12 BOARD OF DIRECTORS Minutes April 24, 2024 Chair Wanke acknowledged and thanked those who could not be in attendance for their continued service to OC San. 30-year Service Awards Cynthia “Cindy” Ferry, Administrative Assistant - Division 840 Mark Kawamoto, Environmental Protection Manager - Division 620 Paul Spassoff, Office Assistant - Division 620 20-year Service Awards Jacob Dalgoff, Senior Engineer - Division 750 Robert “Rob” Michaels, Information Technology Manager - Division 250 Johnny Rocha, Operations Supervisor - Division 830 2. WASTEWATER 101 CITIZENS ACADEMY GRADUATION 2024-3461 Originator: Kelly Lore Chair Wanke presented certificates to the following Wastewater 101 Citizens Academy graduates who were in attendance: Niyant Mehta, Torrance; Travis Stanford, Brian Correia, and Aaron Holtz, Huntington Beach; Mark Roche, Lake Forest; Mariana Sanchez, Midway City Sanitary District; John Snyder, Stanton; and Sean Schroedner, Orange. 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 reported that the Ribbon Cutting event for OC San’s Headquarters building would be held on Wednesday, May 22, 2024 at 4:30 p.m. He stated that the project is finally completed, with a staff move in date scheduled for June. Board and Committee meetings will begin taking place in the new building in July or August. Chair Wanke stated that the 70th anniversary Open House, which showcases the great work being done at OC San, would take place on Saturday, June 8 from 9:00 a.m. – 12:00 p.m. He stated great interest had been received from the community, and various member agencies have signed up to host a booth as well. Toolkits were also sent to all respective agencies with material to share on communication channels. General Manager Rob Thompson reported that Director of Engineering Mike Dorman had presented to the Seal Beach City Council regarding the upcoming Seal Beach Pump Station replacement project, and to the Newport Beach City Council on the Bay Bridge Pump Station and Force Main project. He stated the Newport Beach City Council denied the appeal and upheld OC San’s approval the project. Page 2 of 12 BOARD OF DIRECTORS Minutes April 24, 2024 Mr. Thompson reported that the Chair and Vice Chair are attending the Orange County Local History Day event at the Nixon Library which highlights significant moments in Orange County’s history which includes OC San’s sewer system. General Counsel Brad Hogin announced that nominations for Board Chairperson and Vice-Chairperson would be held at the next Board meeting; and detailed the process for an election if needed. CONSENT CALENDAR: 3.APPROVAL OF MINUTES 2024-3559 Originator: Kelly Lore MOVED, SECONDED, AND DULY CARRIED TO: Approve minutes of the Regular meeting of the Board of Directors held March 27, 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, Stephanie Klopfenstein, Christine Marick, Scott Minikus, Jordan Nefulda, Andrew Nguyen, Robert Ooten, Robbie Pitts, David Shawver, Schelly Sustarsic, Chad Wanke, Bruce Whitaker, John Withers and Jose Medrano (Alternate) NOES:None ABSENT:None ABSTENTIONS:None RECEIVE AND FILE: 4.COMMITTEE MEETING MINUTES 2024-3476 Originator: Kelly Lore WITHOUT OBJECTION ACTION TAKEN TO RECEIVE AND FILE THE FOLLOWING: A.Minutes of the GWRS Steering Committee Meeting held January 8, 2024 B.Minutes of the Steering Committee Meeting held February 28, 2024 C.Minutes of the Operations Committee Meeting held March 6, 2024 D.Minutes of the Administration Committee Meeting held March 13, 2024 5.REPORT OF THE INVESTMENT TRANSACTIONS FOR THE MONTH OF MARCH 2024 2024-3426 Originator: Wally Ritchie Page 3 of 12 BOARD OF DIRECTORS Minutes April 24, 2024 WITHOUT OBJECTION ACTION TAKEN TO RECEIVE AND FILE THE FOLLOWING: Report of the Investment Transactions for the month of March 2024. OPERATIONS COMMITTEE: 6.REFURBISHMENT OF COMBINATION SEWER CLEANING TRUCK 2024-3554 Originator: Riaz Moinuddin MOVED, SECONDED, AND DULY CARRIED TO: A. Approve a Sole Source Purchase Order to Haaker Equipment Company to refurbish one Combination Sewer Cleaning Truck for a total amount not to exceed $300,320; and B. Approve a contingency of $45,048 (15%). 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, Stephanie Klopfenstein, Christine Marick, Scott Minikus, Jordan Nefulda, Andrew Nguyen, Robert Ooten, Robbie Pitts, David Shawver, Schelly Sustarsic, Chad Wanke, Bruce Whitaker, John Withers and Jose Medrano (Alternate) NOES:None ABSENT:None ABSTENTIONS:None 7.POWER BUILDINGS 7 AND 8 HVAC REPLACEMENT AT PLANT NO. 1, PROJECT NO. FE23-08 2024-3555 Originator: Riaz Moinuddin MOVED, SECONDED, AND DULY CARRIED TO: A. Approve a Purchase Order and a Master Turnkey Agreement with Trane U.S. Inc. for the Power Buildings 7 and 8 HVAC Replacement at Plant No. 1, Project No. FE23-08, utilizing the OMNIA Partners Cooperative Purchasing Agreement, Contract No. 3341, for a total amount not to exceed $687,708; and B. Approve a contingency of $34,386 (5%). Page 4 of 12 BOARD OF DIRECTORS Minutes April 24, 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, Stephanie Klopfenstein, Christine Marick, Scott Minikus, Jordan Nefulda, Andrew Nguyen, Robert Ooten, Robbie Pitts, David Shawver, Schelly Sustarsic, Chad Wanke, Bruce Whitaker, John Withers and Jose Medrano (Alternate) NOES:None ABSENT:None ABSTENTIONS:None 8.DIGESTER GAS COMPRESSOR DRYER REPLACEMENTS AT PLANT NO. 1 AND PLANT NO. 2, PROJECT NO. FE23-01 2024-3556 Originator: Mike Dorman MOVED, SECONDED, AND DULY CARRIED TO: A. Approve a Services Contract to Innovative Construction Solutions for Specification No. S-2023-1432BD Digester Gas Compressor Dryer Replacements at Plant No. 1 and Plant No. 2, Project No. FE23-01, for a total amount not to exceed $5,942,500; and B. Approve a contingency of $594,250 (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, Stephanie Klopfenstein, Christine Marick, Scott Minikus, Jordan Nefulda, Andrew Nguyen, Robert Ooten, Robbie Pitts, David Shawver, Schelly Sustarsic, Chad Wanke, Bruce Whitaker, John Withers and Jose Medrano (Alternate) NOES:None ABSENT:None ABSTENTIONS:None 9.LOS ALAMITOS SUB-TRUNK AND WESTSIDE RELIEF INTERCEPTOR REHABILITATION, PROJECT NO. 3-64C 2024-3557 Originator: Mike Dorman MOVED, SECONDED, AND DULY CARRIED TO: Approve an agreement with Forest Lawn Memorial-Park Association for construction access and staging, sewer installation, and pavement rehabilitation in coordination with the Los Alamitos Sub-Trunk and Westside Relief Interceptor Rehabilitation, Project No. 3-64C for an amount payable to Orange County Sanitation District not to exceed $813,000. Page 5 of 12 BOARD OF DIRECTORS Minutes April 24, 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, Stephanie Klopfenstein, Christine Marick, Scott Minikus, Jordan Nefulda, Andrew Nguyen, Robert Ooten, Robbie Pitts, David Shawver, Schelly Sustarsic, Chad Wanke, Bruce Whitaker, John Withers and Jose Medrano (Alternate) NOES:None ABSENT:None ABSTENTIONS:None ADMINISTRATION COMMITTEE: 10.PROFESSIONAL CONSULTANT SERVICES AGREEMENT FOR INDUSTRIAL HYGIENE SERVICES 2024-3574 Originator: Laura Maravilla MOVED, SECONDED, AND DULY CARRIED TO: A. Approve a Professional Consultant Services Agreement for Arcadis U.S., Inc. to provide Industrial Hygiene Services, Specification No. S-2023-1441BD, for a total amount not to exceed $443,157 for a one-year period beginning May 1, 2024 through April 30, 2025, with four one-year renewal options; and B. Approve an annual contingency of $44,316 (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, Stephanie Klopfenstein, Christine Marick, Scott Minikus, Jordan Nefulda, Andrew Nguyen, Robert Ooten, Robbie Pitts, David Shawver, Schelly Sustarsic, Chad Wanke, Bruce Whitaker, John Withers and Jose Medrano (Alternate) NOES:None ABSENT:None ABSTENTIONS:None 11.UPDATE TO RECORDS MANAGEMENT PROGRAM PROCEDURES AND RECORDS RETENTION SCHEDULE RESOLUTION 2024-3575 Originator: Kelly Lore MOVED, SECONDED, AND DULY CARRIED TO: Page 6 of 12 BOARD OF DIRECTORS Minutes April 24, 2024 Adopt Resolution No. OC SAN 24-02 entitled: “A Resolution of the Board of Directors of the Orange County Sanitation District Adopting the Records Management Program Procedures and Records Retention Schedule, Authorizing Destruction of Obsolete Records, and Repealing Resolution No. OC SAN 23-21”. 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, Stephanie Klopfenstein, Christine Marick, Scott Minikus, Jordan Nefulda, Andrew Nguyen, Robert Ooten, Robbie Pitts, David Shawver, Schelly Sustarsic, Chad Wanke, Bruce Whitaker, John Withers and Jose Medrano (Alternate) NOES:None ABSENT:None ABSTENTIONS:None 12.SERVICE CONTRACT FOR SECURITY SERVICES 2024-3576 Originator: Laura Maravilla MOVED, SECONDED, AND DULY CARRIED TO: A. Approve a General Services Contract for Universal Protection Service LP DBA Allied Universal Security Services (Allied Universal) to provide Security Services, Specification No. S-2023-1429BD, for a total annual amount not to exceed $2,246,973 for the period beginning June 1, 2024, through May 31, 2025, with four one-year renewal options; and B. Approve an annual contingency of $224,697 (10%) for the contract period and all remaining renewal periods. 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, Stephanie Klopfenstein, Christine Marick, Scott Minikus, Jordan Nefulda, Andrew Nguyen, Robert Ooten, Robbie Pitts, David Shawver, Schelly Sustarsic, Chad Wanke, Bruce Whitaker, John Withers and Jose Medrano (Alternate) NOES:None ABSENT:None ABSTENTIONS:None STEERING COMMITTEE: 13.LEGISLATIVE AFFAIRS UPDATE FOR THE MONTH OF MARCH 2024 2024-3587 Originator: Rob Thompson Page 7 of 12 BOARD OF DIRECTORS Minutes April 24, 2024 MOVED, SECONDED, AND DULY CARRIED TO: Receive and file the Legislative Affairs Update for the month of March 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, Stephanie Klopfenstein, Christine Marick, Scott Minikus, Jordan Nefulda, Andrew Nguyen, Robert Ooten, Robbie Pitts, David Shawver, Schelly Sustarsic, Chad Wanke, Bruce Whitaker, John Withers and Jose Medrano (Alternate) NOES:None ABSENT:None ABSTENTIONS:None 14.PUBLIC AFFAIRS UPDATE FOR THE MONTH OF MARCH 2024 2024-3590 Originator: Rob Thompson MOVED, SECONDED, AND DULY CARRIED TO: Receive and file the Public Affairs Update for the month of March 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, Stephanie Klopfenstein, Christine Marick, Scott Minikus, Jordan Nefulda, Andrew Nguyen, Robert Ooten, Robbie Pitts, David Shawver, Schelly Sustarsic, Chad Wanke, Bruce Whitaker, John Withers and Jose Medrano (Alternate) NOES:None ABSENT:None ABSTENTIONS:None 15.ORANGE COUNTY SANITATION DISTRICT’S MEMBERSHIPS AND AGREEMENTS 2024-3585 Originator: Rob Thompson MOVED, SECONDED, AND DULY CARRIED TO: Receive and file the Orange County Sanitation District’s Memberships and Agreements list. Page 8 of 12 BOARD OF DIRECTORS Minutes April 24, 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, Stephanie Klopfenstein, Christine Marick, Scott Minikus, Jordan Nefulda, Andrew Nguyen, Robert Ooten, Robbie Pitts, David Shawver, Schelly Sustarsic, Chad Wanke, Bruce Whitaker, John Withers and Jose Medrano (Alternate) NOES:None ABSENT:None ABSTENTIONS:None NON-CONSENT: 16.PROPOSED ORDINANCE NO. OC SAN-59A AMENDING ORDINANCE NO. OC SAN- 59 TO CORRECT AN ERROR IN TABLE D 2024-3577 Originator: Wally Ritchie Director of Finance Wally Ritchie provided a brief report of the item. COB Kelly Lore took a roll call vote MOVED, SECONDED, AND DULY CARRIED TO: A. Motion to read Ordinance No. OC SAN-59A by title only and waive reading of said entire Ordinance; B. Introduce Ordinance No. OC SAN-59A entitled, “An Ordinance of the Board of Directors of the Orange County Sanitation District, Amending Ordinance No. OC SAN-59 to correct an error in Table D”; C. Set May 22, 2024, as the date of the Public Hearing to hear protests and for the second reading of Ordinance No. OC SAN-59A; and D. Direct the Clerk of the Board to publish summaries of the Ordinance as required by law. 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, Stephanie Klopfenstein, Christine Marick, Scott Minikus, Jordan Nefulda, Andrew Nguyen, Robert Ooten, Robbie Pitts, David Shawver, Schelly Sustarsic, Chad Wanke, Bruce Whitaker, John Withers and Jose Medrano (Alternate) NOES:None ABSENT:None ABSTENTIONS:None Page 9 of 12 BOARD OF DIRECTORS Minutes April 24, 2024 17.PROPOSED ORDINANCE NO. OC SAN-60A AMENDING ORDINANCE NO. OC SAN- 60 TO CORRECT ERRORS IN TABLE F AND TABLE G 2024-3578 Originator: Wally Ritchie Director of Finance Wally Ritchie provided a brief report of the item. MOVED, SECONDED, AND DULY CARRIED TO: A. Motion to read Ordinance No. OC SAN-60A by title only and waive reading of said entire Ordinance; B. Introduce Ordinance No. OC SAN-60A entitled, “An Ordinance of the Board of Directors of the Orange County Sanitation District, Amending Ordinance No. OC SAN-60 to correct errors in Table F and Table G”; C. Set May 22, 2024 as the date of the Public Hearing to hear protests and for the second reading of Ordinance No. OC SAN-60A; and D. Direct the Clerk of the Board to publish summaries of the Ordinance as required by law. 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, Stephanie Klopfenstein, Christine Marick, Scott Minikus, Jordan Nefulda, Andrew Nguyen, Robert Ooten, Robbie Pitts, David Shawver, Schelly Sustarsic, Chad Wanke, Bruce Whitaker, John Withers and Jose Medrano (Alternate) NOES:None ABSENT:None ABSTENTIONS:None INFORMATION ITEMS: None. AB 1234 DISCLOSURE REPORTS: Directors David Shawer, Pat Burns, Jon Dumitru, and Chair Wanke provided reports from their recent committee attendance. CLOSED SESSION: CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS 54956.9(d)(1) & 54957(b)(1). The Board convened in closed session at 6:45 p.m. General Counsel Brad Hogin left the meeting during Item No. CS-2. Confidential minutes of the Closed Sessions have been Page 10 of 12 BOARD OF DIRECTORS Minutes April 24, 2024 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 EXISTING LITIGATION - GOVERNMENT CODE SECTION 54956.9(d)(1) 2024-3584 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-2 PUBLIC EMPLOYEE APPOINTMENT 54957(b)(1)2024-3586 CONVENED IN CLOSED SESSION: Public Employee Appointment Number of Employees: 1 ·General Counsel CS-3 CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION - GOVERNMENT CODE SECTION 54956.9(d)(1) 2024-3591 CONVENED IN CLOSED SESSION: Number of Cases: 1 Arlin Blazevic v. Orange County Sanitation District; Natasha Dubrovski; Lorenzo Tyner; and Does 1-100, inclusive, Superior Court of California, County of Orange, Case No. 30-2020-01149812-CU-WT-CJC. RECONVENED IN REGULAR SESSION. The Board reconvened in regular session at 7:07 p.m. CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED SESSION: Mr. Hogin stated that the Board voted to ratify a settlement with Plaintiff Arlin Blazevic in exchange for payment from the insurance company in the amount of $1.4 million. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: None. Page 11 of 12 BOARD OF DIRECTORS Minutes April 24, 2024 BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING: None. ADJOURNMENT: At 7:10 p.m., Chair Wanke adjourned the meeting until the Special Meeting of the Board of Directors on Wednesday, May 22, 2024 at 4:30 p.m at the Headquarters building located at 18480 Bandilier Circle, Fountain Valley, CA, 92708. Submitted by: __________________ Kelly A. Lore, MMC Clerk of the Board Page 12 of 12