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HomeMy WebLinkAbout10-25-2017 Steering Committee Agenda Packet.pdf Orange County Sanitation District Wednesday, October 25, 2017 Regular Meeting of the 5:00 P.M. STEERING COMMITTEE Administration Building Conference Rooms A& B 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 AGEND0 CALL TO ORDER DECLARATION OF QUORUM: Clerk of the Board PUBLIC COMMENTS: If you wish to address the Committee on any item, please complete a Speaker's Form (located at the table at the back of the room) and submit it to the Clerk of the Board or notify the Clerk of the Board the item number on which you want to speak. Speakers will be recognized by the Chairperson and are requested to limit comments to three minutes. REPORTS: The Committee Chairperson and the General Manager may present verbal reports on miscellaneous matters of general interest to the Directors. These reports are for information only and require no action by the Directors. CONSENT CALENDAR: The Consent Calendar Items are considered to be routine and will be enacted, by the Committee, after one motion, without discussion. Any items withdrawn from the Consent Calendar for separate discussion will be considered in the regular order of business. 1. APPROVAL OF MINUTES (Clerk of the Board) RECOMMENDATION: Approve Minutes of the Regular Meeting of the Steering Committee held on September 27, 2017. NON-CONSENT: 2. 10TH ANNIVERSARY OF THE GROUNDWATER REPLENISHMENT SYSTEM (Bob Ghirelli) RECOMMENDATION: Recommend to the Board of Directors to: A. Approve hosting a GWRS 10th anniversary event in Winter 2018 in cooperation with the Orange County Water District; and 10/25/2017 Steenng Committee Agenda Page 1 of B. Approve an additional $20,000, that will be split between Orange County Water District and the Orange County Sanitation District, in the GWRS outreach budget to host a GWRS loth anniversary event. 3. RATIFY A THREE-PARTY AGREEMENT TO RELOCATE THE FRUIT STREET TRUNK SEWER TO ACCOMMODATE THE OC STREETCAR (Rob Thompson) RECOMMENDATION: Recommend to the Board of Directors to: Ratify the Three-Party Agreement (Letter of Intent) between the City of Santa Ana, the Orange County Transportation Authority, and the Orange County Sanitation District which allows for the Orange County Transportation Authority to relocate the existing Fruit Street Trunk Sewer and maintains the existing Agreement with the City of Santa Ana to make new local/lateral connections in exchange for maintaining and cleaning the sewer. 4. LEGAL SERVICES WITH LEWIS BRISBOIS BISGAARD & SMITH, LLP (Rob Thompson) RECOMMENDATION: Recommend to the Board of Directors to: Authorize an increase of $100,000 to sole source Purchase Order 105851-OB to Lewis Brisbois Bisgaard & Smith, LLP for legal services related to project and property agreements with Orange County Transportation Authority and City of Newport Beach matters, for a not to exceed cost of$325,000. INFORMATION ITEMS: None. CLOSED SESSION: During the course of conducting the business set forth on this agenda as a regular meeting of the Board, the Chairperson may convene the Board in closed session to consider matters of pending real estate negotiations,pending or potentiallitigation,or personnel matters,pursuant to Govemment Code Sections 54956.8, 54956.9, 54957 or 54957.6, as noted. Reports relating to (a)purchase and sale of real property; (b) matters of pending or potential litigation; (c)employment actions or negotiations with employee representatives;or which are exempt from public disclosure under the California Public Records Act, may be reviewed by the Board during a permitted closed session and are not available for public inspection. At such time as the Board takes final action on any of these subjects, the minutes will reflect all required disclosures of information. CONVENE IN CLOSED SESSION. (1) CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code Section 54956.8) Property: 10950 Virginia Cir. Fountain Valley, CA- APN No.156-165-05; 10870 Spencer Ave. Fountain Valley, CA -APN No.156-163-07; 18480 Pacific St. Fountain Valley, CA -APN No.156-165-04; 18430 Pacific St. Fountain Valley, CA -APN No.156-165-06; 10/25/2017 Steenng Committee Agenda Page 2 of 4 18370 Pacific St. Fountain Valley, CA -APN No.156-165-08; 18429 Pacific St. Fountain Valley, CA -APN No.156-163-09; 18410 Bandilier Cir. Fountain Valley, CA -APN No.156-163-10; 18368 Bandilier Cir. Fountain Valley, CA -APN No.156-163-11; 10700 Spencer St. Fountain Valley, CA-APN No.156-163-16; 10700 Spencer Ave. Fountain Valley, CA -APN No.156-154-07; 18386 Mt. Langley St. Fountain Valley, CA-APN No.156-154-06; 18385 Bandilier Cir. Fountain Valley, CA -APN No.156-163-12; 18401 Bandilier Cir. Fountain Valley, CA -APN No.156-163-13; 18424 Mt. Langley St. Fountain Valley, CA-APN No.156-154-05; 18435 Bandilier Cir. Fountain Valley, CA -APN No.156-163-14; 18475 Bandilier Cir. Fountain Valley, CA -APN No.156-163-15; 10725 Ellis Ave. Fountain Valley, CA -APN No.156-154-04; and 10540 Talbert Ave. Fountain Valley, CA -APN No.156-151-03 Agency negotiators: General Manager, Jim Herberg; Assistant General Manager, Bob Ghirelli; Director of Finance and Administrative Services, Lorenzo Tyner; Director of Engineering, Rob Thompson; Engineering Managers, Kathy Millea and Jeff Mohr; CIP Project Manager, Tom Grant; Kevin Turner and John Gallivan, Cushman and Wakefield. Negotiating parties: Valley Business Park, APN Nos. 156-165-05, 156-165-06, 156-163-07; DK-USA LLC, APN No.156-165-04; Fountain Valley Industrial Parcel 13, APN No.156-165-08; Sukut Real Properties LLC, APN Nos. 156-163-09, 156-163-10, 156-163-11; The Ins Trust Shabtai, Nevon, APN No. 156-163-16; The Ins Trust, APN No. 156-154-07; Fountain Valley Star LLC, APN No. 156-154-06; TN Sheet Metal Inc., APN No. 156-163-12; 18401 Bandilier LLC, APN No. 156-163-13; Phone Lilly Lin-Lin TR, APN No. 156-154-05; JDK Partners, APN No. 156-163-14; Chandler Real Properties, APN No. 156-163-15; Ellis Avenue LLC, APN No. 156-154-04; and SFII Fountain Valley LLC, APN No. 156-151-03 Under negotiation: Instruction to negotiator will concern price and terms of payment. (2) CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION (Gov. Code Section 54956.9(d)(1))—2 cases Roy Handy, Melissa Forman-Woodbridge v. Orange County Sanitation District, Superior Court of California, County of Orange, Case No. 30-2017-00934699 Roy Handy—Workers Compensation Appeals Board, Case No. ADJ19971164 RECONVENE IN REGULAR SESSION. 10/25/2017 Steenng Committee Agenda Page 3 of 4 CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED SESSION: OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS IF ANY: ADJOURNMENT: To the Steering Committee meeting scheduled for Wednesday, November 15, 2017 at 5:00 P.M. Accommodations for the Disabled: Meeting Rooms are wheelchair accessible. If you require any special disability related accommodations, please contact the Orange County Sanitation District Clerk of the Board's office at (714)593-7433 at least 72 hours prior to the scheduled meeting. Requests must specify the nature of the disability and the type of accommodation requested. Agenda Posting: In accordance with the requirements of Califomia Government Code Section 54954.2,this agenda has been posted outside the main gate of the Sanitation District's Administration Building located at 10844 Ellis Avenue, Fountain Valley, California, and on the Sanitation District's website at www.ocsd.com, not less than 72 hours prior to the meeting date and time above. All public records relating to each agenda item, including any public records distributed less than 72 hours prior to the meeting to all,or a majority of the Board of Directors, are available for public inspection in the office of the Clerk of the Board. Agenda Description: The agenda provides a brief general description of each item of business to be considered or discussed. The recommended action does not indicate what action will be taken. The Board of Directors may take any action which is deemed appropriate. NOTICE TO DIRECTORS: To place items on the agenda for a Committee or Board Meeting, items must be submitted to the Clerk of the Board 14 days before the meeting. Kelly A.Lore Clerk of the Board (714)593-7433 klore(docsd.com For any questions on the agenda, Committee members may contact staff at: General Manager Jim Herberg (714)593-7300 iherbemCdocsd.com Assistant General Manager Bob Ghirelli (714)593-7400 rghirelliCdocsd.com Director of Engineering Rob Thompson (714)593-7310 rthomuson(docsd.com Director of Environmental Services Jim Colston (714)593-7450 icolstontaocsd.com Director of Finance and Lorenzo Tyner (714)593-7550 Ityner(cDocsd.mm Administrative Services Director of Human Resources Celia Chandler (714)593-7202 cchandlerfdocsd.com Director of Operations 6 Maintenance Ed Torres 714 593-7080 etorres ocsd.com 10/25/2017 Steering Committee Agenda Page 4 of 4 ITEM NO. 1 MINUTES OF THE STEERING COMMITTEE Orange County Sanitation District Wednesday, September 27, 2017 at 5:00 p.m. A regular meeting of the Steering Committee of the Orange County Sanitation District was called to order by Chair Sebourn on Wednesday, September 27, 2017 at 5:07 p.m. in the Administration Building of the Orange County Sanitation District. A quorum was declared present, as follows: COMMITTEE MEMBERS PRESENT: STAFF PRESENT: Greg Sebourn, Board Chair Jim Herberg, General Manager Chad Wanke, Administration Committee Bob Ghirelli, Assistant General Manager Chair Celia Chandler, Director of Human John Withers, Operations Committee Resources Chair Jim Colston, Director of Environmental Ellery Deaton, Member-At-Large Services Donald Wagner, Member-At-Large Rob Thompson, Director of Engineering Ed Torres, Director of Operations & COMMITTEE MEMBERS ABSENT: Maintenance David Shawver, Board Vice-Chair Lorenzo Tyner, Director of Finance & Tim Shaw, Member-At-Large Administrative Services Kelly Lore, Clerk of the Board Jennifer Cabral Mike Dorman Al Garcia Tina Knapp Kathy Millea Jeff Mohr Man Nguyen OTHERS PRESENT: Brad Hogin, General Counsel Kevin Turner, Cushman &Wakefield PUBLIC COMMENTS: No public comments were provided. Chair Sebourn stated that the Clerk of the Board provided a Late Communication memo regarding Item No. 3. 09/27/2017 Steering Committee Minutes Page 1 of 5 REPORTS: Chair Sebourn announced that Vice-Chair Shawver is absent tonight as he is representing the District at the CSDA Conference in Monterey with Director Collacott. General Manager Jim Herberg did not provide a report. CONSENT CALENDAR: 1. APPROVAL OF MINUTES (Clerk of the Board) MOVED, SECONDED, AND DULY CARRIED TO: Approve Minutes of the Regular Meeting of the Steering Committee held on August 23, 2017. AYES: Deaton; Sebourn; Wagner, Wanke and Withers NOES: None ABSTENTIONS: None ABSENT: Shaw and Shawver NON-CONSENT: 2. GENERAL MANAGER'S FY 2017-2018 WORK PLAN (Jim Herberg) General Manager Herberg provided a brief introduction to this item. Chair Sebourn stated that he had met with Mr. Herberg to discuss: safety items; ongoing recruitment efforts due to attrition,food waste recycling developments, and the addition of an item to the Plan regarding Mr. Herberg's work with regional organizations. Mr. Herberg and the Director of Human Resources, Celia Chandler, responded to questions regarding the recruitment and selection process. With no objection, the General Manager's Fiscal Year 2017-2018 Work Plan was received and filed. 3. PROPERTY ACQUISITION FOR 18350 MT. LANGLEY STREET, FOUNTAIN VALLEY (Rob Thompson) Director of Engineering Rob Thompson provided an informative PowerPoint presentation with an overall history of the proposed acquisition and the details for the Agreement. Mr. Kevin Turner from Cushman & Wakefield answered questions regarding the negotiated price. MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: A. Approve a Standard Offer, Agreement and Escrow Instructions for Purchase of Real Estate (Purchase Agreement) with K&A Investments 09/27/2017 Steering Committee Minutes Page 2 of 5 LP for Property at 18350 Mt. Langley Street, Fountain Valley, in a form approved by General Counsel, for$10,150,000; and B. Authorize the General Manager and General Counsel to Execute the following: 1. Preliminary Title Report Consistent with the Standard Offer, Agreement and Escrow Instructions; 2. Title Approval Letter; 3. Deeds and other evidences of title to the parcels of property that are the subject of the Purchase Agreement; 4. Preliminary Change of Ownership Report; 5. Acceptance of the Grant Deed to certain real property from K&A Investments LP; 6. Approved Estimated Closing costs; 7. Seller's Mandatory Disclosure Statement acknowledging receipt of this document; 8. Property Information Sheet acknowledging receipt of this document; 9. Natural Hazard Disclosure Report acknowledging receipt of this document; and 10. Any and all other instruments related to the transaction. AYES: Deaton; Sebourn; Wagner, Wanke and Withers NOES: None ABSTENTIONS: None ABSENT: Shaw and Shawver 4. ACCEPT QUITCLAIMS FOR ELLIS AVENUE EXTENSION IN CONNECTION WITH QUIET TITLE ACTION (Rob Thompson) Mr. Thompson provided a brief background and information and responded to questions regarding the necessity of the item and the assessment of property taxes. MOVED. SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: A. Authorize the General Manager to accept quitclaim deeds, in a form approved by Special Counsel,from Elwayne E. Everett, Dianne Findlay, and Patricia Lynn Frazier quitclaiming their interests in the Ellis Avenue Extension property to the Orange County Sanitation District, and authorizing payment of$500 each to Mr. Everett, Mrs. Findlay, and Ms. Frazier, in connection with the quiet title legal action Orange County Sanitation District v. Elwayne E. Everett at al. [Orange County Superior Court Case No. 30-2017-00929475-CU-OR-CJC]; and B. Authorize the General Manager and Special Counsel to take all actions necessary to record the deeds and obtain a judgment quieting title in the Ellis Avenue Extension property. 09/27/2017 Steering Committee Minutes Page 3 of 5 AYES: Deaton; Sebourn; Wagner; Wanke and Withers NOES: None ABSTENTIONS: None ABSENT: Shaw and Shawver 5. REDEVELOPMENT AGENCY OVERSIGHT BOARDS (Bob Ghirelli) Assistant General Manager Bob Ghirelli provided a brief explanation of this item and stated that all of the recommended representatives are currently serving on behalf of OCSD, with the exception of the City of Anaheim. MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: Approve the selection of Orange County Sanitation District representatives to the 13 Redevelopment Agency Oversight Boards as follows: CITY REPRESENTATIVE Anaheim Denise Barnes Brea Don Schweitzer Buena Park Fred Smith Fountain Valley Steve Nagel Fullerton Ted Kim Garden Grove Steve Jones Huntington Beach Barbara Delgleize La Habra James Byerrum La Palma Mark Waldman Orange Doug Davert Santa Ana Sal Tinajero Stanton Dave Shawver Westminster Margie L. Rice AYES: Deaton; Sebourn; Wagner; Wanke and Withers NOES: None ABSTENTIONS: None ABSENT: Shaw and Shawver INFORMATION ITEMS: None. CLOSED SESSION: CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS 54956.8 & 54956.9(d)(1): The Committee convened in closed session at 5:21 p.m. to discuss two items. Confidential minutes of the Closed Session have been prepared in accordance with the above Government Code Sections and are maintained by the Clerk of the Board 09/27/2017 Steering Committee Minutes Page 4 of 5 in the Official Book of Confidential Minutes of Board and Committee Closed Session Meetings. RECONVENED IN REGULAR SESSION: The Committee reconvened in regular session at 5:26 p.m. CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED SESSION: General Counsel Brad Hogin stated that Closed Session Item No. CS-2 was not heard. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: None. ADJOURNMENT: Chair Sebourn declared the meeting adjourned at 5:27 p.m. to the next Steering Committee meeting to be held on Wednesday, October 25, 2017 at 5:00 p.m. Submitted by: Kelly A. Lore Clerk of the Board 09/27/2017 Steering Committee Minutes Page 5 of 5 STEERING COMMITTEE Meeting Date TOBd.Of Dir. io/zs/v io/zs/v AGENDA REPORT IternNumber IemNumber z Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Robert P. Ghirelli, Assistant General Manager SUBJECT: 10TH ANNIVERSARY OF THE GROUNDWATER REPLENISHMENT SYSTEM GENERAL MANAGER'S RECOMMENDATION A. Approve hosting a GWRS loth anniversary event in Winter 2018 in cooperation with the Orange County Water District; and B. Approve an additional $20,000, that will be split between Orange County Water District and the Orange County Sanitation District, in the GWRS outreach budget to host a GWRS loth anniversary event. BACKGROUND The Groundwater Replenishment System (GWRS) is a historic water infrastructure project that has had a significant impact globally on the public acceptance of water reuse for drinking water purposes. The loth anniversary of the project will occur in January 2018. Orange County Sanitation District (Sanitation District) and Orange County Water District (OCWD) staff, and GWRS public relations consultant Dick Jones Communications, have researched event options at the direction of the Joint GWRS Steering Committee to commemorate this GWRS milestone. RELEVANT STANDARDS • Support OCWD expansion of GWRS • Build brand, trust, and support with policy makers and community leaders • Use all practical and effective means for recovering wastewater for reuse • Maintain collaborative and cooperative relationships with regulators/Stakeholders PROBLEM In January 2017, the GWRS Joint Steering Committee and boards of the Sanitation District and OCWD approved an outreach program related to the bottling of GWRS water and the commemoration of the loth anniversary of the GWRS. The outreach program began in February 2017 and will run through March 2018. The program includes tabling at multiple community events throughout California; social media engagement; and sharing GWRS water with media, policy makers, and agencies and associations exploring water reuse projects. OCWD and the Sanitation District contracted with Dick Jones Communications to assist with these outreach efforts. Page 1 of 3 The Committee also decided that rather than hosting a traditional ceremony to commemorate the GWRS loth anniversary, focus should be more on outreach and social media exposure. Traditional events are defined as events consisting of networking followed by a ceremony consisting of speeches and presentations from agency leadership and elected officials. However, at its July 2017 meeting, the Committee expressed interest in possibly hosting an event in 2018. PROPOSED SOLUTION Staff recommends proceeding with a Winterfest Event combined with the Guinness Book World Records based on cost,traditional and social media exposure, and audience reach. TIMING CONCERNS • The 1011 Anniversary of the GWRS takes place in January 2018, leaving three to four months to plan and execute an event in January or February of 2018. • Rentals of equipment used to make snow and ice are popular during the winter months. RAMIFICATIONS OF NOT TAKING ACTION • Regardless whether an event is held or not, staff will continue to proceed with issuing a press release, pitching media and creating a video to commemorate the milestone, writing a feature story for Source Magazine's spring issue, and will continue to do extensive outreach related to the GWRS bottled water campaign. • Staff inquired about participation with the 2017 Rose Parade. Float concepts are selected one year prior to each parade. Staff has reached out to Cal Poly Pomona and is permitted to submit concept ideas in January 2018 for consideration for the January 2019 Rose Parade. PRIOR COMMITTEE/BOARD ACTIONS October 2017 - Request for action at the GWRS Joint Steering Committee for approval of event and corresponding budget. Due to lack of quorum, Committee requested item be presented to Sanitation District and OCWD Boards for action. January 2017 - Approved a budget of $126,000, to be cost shared with OCWD, for outreach related to the bottling of GWRS water and the commemoration of the loth anniversary of the GWRS; and authorized agreement with Dick Jones Communications for an amount not to exceed $4,350 per month for 13 months, plus approved reimbursements and expenses, to execute the outreach plan for bottled GWRS water and the GWRS loth anniversary. December 2016 - Authorized $15,000 for the initial testing and bottling of GWRS water, with the cost of the bottling and testing to be shared between OCWD and the Sanitation Page 2 of 3 District; and authorized the General Managers of OCWD and the Sanitation District to approve the label for the first-run GWRS water bottles. ADDITIONAL INFORMATION Additional options and a list of objectives each proposed event would meet are included in the Joint GWRS Steering Committee meeting agenda report dated October 9, 2017. CEQA N/A FINANCIAL CONSIDERATIONS Though considerable outreach has been done since February 2017 and will continue through March 2015, $30,000 to $35,000 of the GWRS outreach budget is currently not committed to specific related activities. If there is a desire to host an event, these funds could be allocated for an event. In addition, the Sanitation District has budgeted $7,500 for a joint GWRS employee event/barbeque. If employees are to be invited to an anniversary event, these funds could be allocated to the event. This request complies with authority levels of the Sanitation District's Purchasing Ordinance. A portion of this item has been budgeted. (Line item: Section 6, Page 12). The remaining balance will come from the General Manager's Contingency Fund. (Section 6, Page 4). ATTACHMENT The following affachment(s)is included in hard copy and may also be viewed on-line at the OCSD website (wwwocsd.com) with the complete agenda package: • October 9, 2017 Joint GWRS Steering Committee Agenda Report Page 3 d 3 AGENDA ITEM SUBMITTAL Meeting Date: October 9, 2017 Budgeted: Partial Budgeted Amount: $30,000 to $35,000 To: GWRS Steering Committee Cost Estimate: $25,000 to $135,000 (cost shared between OCWD and OCSD) Funding Source: General Fund Program/Line Item No.: 1012.56012.9900 From: Mike Markus General Counsel Approval: N/A Engineers Report Approved: N/A Staff Contact: E. Torres/J. Cabral CEQA Compliance: N/A Subject: 10TH ANNIVERSARY OF THE GWRS SUMMARY The Groundwater Replenishment System (GWRS) is a historic water infrastructure project that has had a significant impact globally on the public acceptance of water reuse for drinking water purposes. The 10" anniversary of the project will occur in January 2018. Staff and Dick Jones Communications will present event options to commemorate this GWRS milestone. Attachment(s): Dick Jones Communications September 2017 Update RECOMMENDATION Agendize for the October 18 OCWD Board meeting: Staff seeks Committee direction on whether to host a GWRS 101" anniversary event in January or February of 2018 and if so, approve an event option and budget to support the selected event. GWRS OUTREACH PROGRAM AND 10T" ANNIVERSARY In January 2017, the GWRS Joint Steering Committee (the Committee) and boards of the Orange County Water District (OCWD) and Orange County Sanitation District (OCSD) approved an outreach program related to the bottling of GWRS water and the commemoration of the 10th anniversary of the GWRS. The outreach program began in February 2017 and will run through March 2018. The program includes tabling at multiple community events throughout California, social media engagement and sharing GWRS water with media, policy makers, and agencies and associations exploring water reuse projects. The districts contracted with Dick Jones Communications to assist with these outreach efforts. 1 The Committee also decided that rather than hosting a traditional ceremony to commemorate the GWRS 10h anniversary that the districts should focus more on outreach and social media exposure. However, at its July 2017 meeting, the Committee expressed interest in possibly hosting an event in 2018. Below are five event options staff will discuss with the Committee: Event Description Estimated Duration Cost "Blue" Tie or"Blue" . Dinner @ GWRS; blue carpet is rolled out at $25,000 to 2 '/n- 3- Carpet Gala/Dinner entrance $35,000 hour Program includes a ceremony(speeches and weeknight presentations) event; 6:00 . 200 to 250 guests: invite pm 9:00 pm environmental/water social media influencers;electeds;OC and So.Cal water and wastewater agencies,and cities; chambers . Reach out to an astronaut or weathercaster to emcee event . Recognize people who have helped make advancements in the water industry and/or policy makers Water Winterfest . Ice skating rink made w/GWRS water;on $125,000 5 days V.I. GAP lot to and/or . Food trucks $135,000 evenings; . Tours of GWRS Wed.-Sun. . Music(local HS bands;guest DJs) 3-5 hours . Program includes a ceremony(speeches and per day/evening presentations) . 2,500 to 5,000 guests over the course of 5 days . Each day/evening would host a different group. For example: o Suits on Skates/Ice: chambers, producers and electeds o College night—universities we partner with for tours and Festival o Water and wastewater industry vendors and engineers;trade unions; other agencies outside service areas o Moms clubs;families; nearby FV residents; local Kiwanis and Rotary; City of Fountain Valley;Community Based Organizations(CBOs) o OCWD and OCSD employees and families 2 Water Winterfest . Ice slide made from GWRS water; on GWRS $25,000 to 4 to 4 %3 V.2 campus $35,000 hours; . Snow made from GWRS water Saturday Artist creates ice sculpture with frozen event; 9:30 GWRS water am to 2:00 . Snow cones made with GWRS water Pm . 2,000 to 2,500 guests;invite electeds; OC and So. Cal water and wastewater agencies and cities,OCWD&OCSD employees,and FV/area residents; Moms clubs;families; CBOs . Tours of GWRS . Food trucks . Music(local HS bands;guest DJ) . Program includes a brief ceremony (speeches and presentations) Breakfast/Luncheon . We set a Guinness record TBD at GWRS $25,000 to 2 to 2 '% with Guinness Book . 300 to 700 guests; invite electeds;OC and $35,000 hour of World Records So. Cal water and wastewater agencies and weekday cities,OCWD&OCSD employees,and FV event residents . Program would include a brief ceremony (speeches and presentations) . Breakfast or lunch will be served . Reach out to an astronaut or weathercaster to emcee the event Winterfest V.2 . Ice slide made from GWRS water; on GWRS $35,000 to 4 to 4 %2 combined with campus $50,000 hours; Guinness Book of . Snow made from GWRS water Saturday World Records . Artist creates an ice sculpture using frozen event; 9:30 GWRS water am to 2:00 . Snow cones made with GWRS water pm . We set a Guinness record TBD at GWRS . 2,000 to 2,500 guests;invite electeds; OC and So. Cal water and wastewater agencies and cities,OCWD&OCSD employees,and FWarea residents; Moms clubs;families; CBOs . Tours of GWRS . Food trucks . Music(local HIS bands;guest DJ) . Program would include a brief ceremony (speeches and presentations) . Reach out to an astronaut or weathercaster to emcee the event 3 Below is a list of objectives each proposed event would meet: "Blue" Tie or Water Water Guinness Winterfest "Blue" Carpet Winterfest Winterfest Book of V.2.w/ Gala/Dinner V.1. V.2 World Guinness Records Book Local Media X X X X X Coverage National Minimal X Some X X Media Coverage International Some Minimal X X Media Coverage Social Media Minimal X X X X Engage ent Millennial X Some X X Engagement Trades X X X X X Publications Coverage Attendance 200-250 2,500 to 2,000 to 300 to 700 2,000 to 5,000 2,500 2,500 Electeds X X X X X Participation Industry X X X X X Participation Community Minimal X X Some X Engagement Employee X X X X Engagement Increase Minimal X X X X Awareness of Water Reuse BUDGET Though considerable outreach has been done since February 2017 and will continue through March 2018, $30,000 to $35,000 of the GWRS outreach budget is currently not committed to specific related activities. If there is a desire to host an event, these funds could be allocated for an event. In addition, OCSD has budgeted $7,500 for a GWRS 4 employee event/barbeque. If employees are to be invited to an anniversary event, these funds could be allocated to the event. Water Winterfest V.1. and the Winterfest V.2 combined with the Guinness Book of World Records event options exceed the amount available in the GWRS outreach budget. If the Committee wishes to host the Water Winterfest V.1. event, it would require authorizing an additional budget of$90,000 to $105,000. Staff could solicit sponsorships to help offset costs. If the Committee wishes to host the Winterfest V.2 combined with Guinness Book of World Records event, it would require authorizing an additional budget of$15,000 to $20,000. Staff could solicit sponsorships to help offset costs. TIMING CONCERNS • The 10th Anniversary of the GWRS takes place in January 2018— leaving three to four months to plan and execute an event in January or February of 2018. • Rentals of ice rinks and equipment used to make snow and ice are popular during January and February. ALTERNATIVES TO NOT HOSTING AN EVENT • Regardless if an event is held or not, staff will continue to proceed with issuing a press release, creating a video to commemorate the milestone, write a feature story for Source Magazine's spring issue, and continue to do extensive outreach related to the GWRS bottled water campaign. • Staff inquired about participation with the 2017 Rose Parade. Float concepts are selected one year prior to each parade. Staff has reached out to the Cal Poly Pomona and is permitted to submit concept ideas in January 2018 for consideration for the January 2019 Rose Parade. PRIOR RELEVANT ACTION (S) 12/7/2016, M16-00-Authorize $15,000 in the Public Affairs Department budget for the initial testing and bottling of GWRS water, with the cost of the bottling and testing to be shared between OCWD and OCSD; and Authorize the General Managers of OCWD and OCSD to approve the label for the first-run GWRS water bottles. 02/15/2017, R17-2-23 -Authorize a budget of$126,000, to be cost shared with the Orange County Sanitation District, for outreach related to the bottling of GWRS water and the commemoration of the 10th anniversary of the GWRS; and Authorize Agreement with Dick Jones Communications for an amount not to exceed $4,350 per month for 13 months, plus approved reimbursements and expenses, to execute the outreach plan for bottled GWRS water and the GWRS 10th anniversary. 5 ff f ff DICK JOTNES To:GWRS From:Dick Jones Communications Date:September 1,2017 Subject:September Work Plan RECENT CLIPS "From toilet water to drinking water."Capitol Weekly,August 7 :• Op-Ed,"Recycled water:Better for business,better for the lone haul."The Hill,August 2 "Toilet to tao7 Some in droueht-prone California say it's time."The Mercury News,July 5 :• On-air water tasting,San Antonio News DULY/AUGUST RECAP Media Outreach&Coverage • Created and designed#GetOverlt social media campaign (to be launched in September),including: designing taste test collateral and execution;identifying/contacting influencers; scripting promotional video • Brainstormed,presented and drafted proposals and master budget document for 10&Anniversary Celebration(including Blue Tie gala; GWRS ice rink; GWRS installation;and mobile showroom) • Secured placement for opt ed in The Hill; coordinated publication of piece including second round of edits • Coordinated reprint of media kits with printer,including price/unit estimates and dye transfer Event Coordination&Roadshow • Secured sponsorship and coordinated client presence for roadshow events,including: o Casa Agria Brewing Competition (9/26) -collaborated on press;designed bottle giveways for attendees; pitched potential guest judges;provided input on event collateral o National Weather Association conference (9/17),including negotiated rate for one-day participation;designed strategy for maximum audience engagement at event(see#CYTTW campaign) o Central Coast Sustainability Summit(10/11) -extended deadline; edited and submitted proposal; coordinated speaker selection o USC v.UCLA Football Game(11/18) -drafted and priced out booth design for maximum audience engagement • Corresponded Monterey water districts reqarding future MRY Aquarium event(ongoing) • Contacted,drafted proposals and estimates for sponsorship for the following,which did not proceed: CycLAvia;Brunchcon; 626 Night Market;California Museum,Sacramento; Central Coast Wine Classic,San Luis Obispo Account Management • Held half-day,in-person strategy meeting to discuss account flow and priorities • Created event template and checklist document tracking tasks,supplies and timeline for roadshow events;completed tracking documents for all upcoming,confirmed events • Created,tracked and updated master calendar for GWRS roadshow,sent out each week including regular addition and research for internal and client-suggested events WWW. DICKJONES .COM SEPTEMBER TASKS&TACTICS—Issues Management&Planning • Execute September roadshow events,including: National Weather Association (9/17);TEDX Bakersfield (9/21); and Casa Agria Brewing Competition(9/26).Prepare for execution of October events. • Continue expanding GWRS roadshow calendar for November and December,with priority on events in Northern CA that reach target demographics (millennials; sustainability influencers) • Finalize idea and continue strategic planning for GWRS 10th Anniversary Celebration Qan.2018) SEPTEMBER TASKS&TACTICS—Earned Media • Execute#CYTTW social media campaign including direct outreach to influencers and anchors;secured placement in social media; material development for kits and video;and expanded activity on owned social media accounts STEERING COMMITTEE Meeting Date TOBd.Ot Dir. ig/zs/v io/zs/v AGENDA REPORT emNumber Item Number 3 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Rob Thompson, Director of Engineering SUBJECT: RATIFY A THREE-PARTY AGREEMENT TO RELOCATE THE FRUIT STREET TRUNK SEWER TO ACCOMMODATE THE OC STREETCAR GENERAL MANAGER'S RECOMMENDATION Ratify the Three-Party Agreement (Letter of Intent) between the City of Santa Ana, the Orange County Transportation Authority, and the Orange County Sanitation Districtwhich allows for the Orange County Transportation Authority to relocate the existing Fruit Street Trunk Sewer and maintains the existing Agreement with the City of Santa Ana to make new local/lateral connections in exchange for maintaining and cleaning the sewer. BACKGROUND The Orange County Transportation Authority(Authority) is in the process of designing the OC Streetcar project. A portion of this project intends to install a new streetcar in Santa Ana Boulevard above the Orange County Sanitation District's (Sanitation District) Fruit Street Trunk Sewer. Maintaining the Fruit Street Trunk Sewer in portions of its current alignment is not an option. The Sanitation District's sewer cleaning methodologies and equipment are not compatible with constraints that will be imposed by the OC Streetcar when in operation. The overhead electrical lines and lack of horizontal clearance would require that the OC Streetcar operations cease while sewer maintenance or spill response are occurring. Additionally, repair and replacement of the sewer would be made more difficult and costly as a result of the location of the OC Streetcar tracks. The City of Santa Ana (City), Authority, and Sanitation District staffs have all agreed that it is generally not practical, nor in the common public interest, to create a new local sewer and a realigned regional (Sanitation District) sewer and a new OC Streetcar alignment in Santa Ana Boulevard. All three staffs believe there is insufficient space for all three alignments among the other buried utilities in that location. RELEVANT STANDARDS • Operate and maintain facilities to minimize impacts on surrounding communities, including odor, noise, and lighting • Maintain collaborative and cooperative relationships with neighboring agencies Page 1 d 3 PROBLEM The existing Fruit Street Trunk Sewer and the proposed OC Streetcar alignment are in conflict and are incompatible on Santa Ana Boulevard. PROPOSED SOLUTION The Three-Party Agreement calls for the following: • The Sanitation District will allow the Authority to relocate the affected portions of the Fruit Street Trunk Sewer. • The City will continue to maintain and operate the Fruit Street Trunk Sewer upstream of the intersection of Broadway and Santa Ana Boulevard. • The Sanitation District will continue to own the Fruit Street Trunk Sewer, but will continue to negotiate the transfer of this sewer to the City. • The Authority will relocate the sewer at its cost, but reserves the right to recover these costs from the Sanitation District by legal or other means in the future. TIMING CONCERNS This agreement is necessary to proceed with the project on a timeline that meets federal funding requirements. RAMIFICATIONS OF NOT TAKING ACTION Delays in approval of this Agreement may have a negative impact on federal funding for the OC Streetcar project and delay the overall project implementation. PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION The Sanitation District and the City provide sewer services to the homes and businesses along Santa Ana Boulevard. The Sanitation District installed the Fruit Street Trunk Sewer (Project No. 1-9) at the City's request in 1968. The Fruit Street Trunk Sewer generally begins at the intersection of Main Street and Santa Ana Boulevard, and then runs east in Santa Ana Boulevard to N. Santiago Street and through the Santa Ana Regional Transportation Center. Later in 1968, the City requested to partner with County Sanitation District No. 1 of Orange County to abandon the City's parallel six-inch sewer line and to make local lateral connections to the Fruit Street Trunk Sewer. In exchange for the Sanitation District allowing lateral connections, the City offered to maintain the Fruit Street Trunk Sewer. County Sanitation District No. 1 accepted the City's offer on April 10, 1968. Page 2 of 3 CEQA The City of Santa Ana is the lead agency for the project, which adopted a Statement of Overriding Considerations for the project on January 27, 2015. FINANCIAL CONSIDERATIONS The Authority will pay for the relocation of the sewer and may seek reimbursement in the future by legal or other means. ATTACHMENT The following attachment(s)are available in hard copy and may also be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: Letter of Intent Regarding OC Streetcar and Relocation of Fruit Street Trunk Sewer RTC:gc Page 3 d 3 Serving- Orange County Sanitation District Anaheim 10844 Ellis Avenue,Fountain Valley,CA 92708 Brea 714.962.2411 www.ocsd.com October 11, 2017 Buena Park Cypress Darrell Johnson Fountain valley Orange County Transportation Authority Fullerton 550 S. Main Street Orange, CA 92868 Garden Grove Huntington Beach Cynthia J. Kurtz, Interim City Manager City of Santa Ana Irvine 20 Civic Center Plaza La Habra P.O. Box 1988, M31 Santa Ana, CA 92701 La Palma Los Alamitos SUBJECT: Letter of Intent Regarding OC Streetcar and Relocation of Fruit Street Trunk Sewer Newport Beach Orange The City of Santa Ana (City), the Orange County Transportation Authority (Authority), and the Orange County Sanitation District (Sanitation District) have a Placentia mutual interest in the prudent management of surface transportation development Santa Ana and maintenance of sewer service to current and future users in the area around and along Santa Ana Boulevard. This letter of intent puts forth terms agreed to by Seal Beach ourthree entities under which portions of the Sanitation District's Fruit Street Trunk Stanton Sewer would be relocated as part of the Authority/s OC Street Car Project, and that the City would continue to perform operation and maintenance of the Fruit Street Tustin Trunk sewer as relocated. Sanitation District staff plan to agendize approval of this villa Park agreement at its regular October 2017 Board Meeting. County of Orange Background Costa Mesa Sanitary District City's Request to Install Trunk Sewer. The Sanitation District and the City provide Midway City sewer services to the homes and businesses along Santa Ana Boulevard. The Sanitary District Sanitation District installed the Fruit Street Trunk Sewer (Project 1-9) at the City's Irvine Ranch request in 1968. The Fruit Street Trunk Sewer generally begins at the intersection Water District of Main Street and Santa Ana Boulevard, and then runs east in Santa Ana Boulevard yorba Linda to N. Santiago Street and through the Santa Ana Regional Transportation Center. Water District City's Request to Connect Laterals to Trunk Sewer. Later in 1968,the City requested _ to partner with County Sanitation District No. 1 of Orange County to abandon the City's parallel six-inch sewer line and to make local lateral connections to the Fruit Street Trunk Sewer. Our Mission: To protect public health and the environment by providing effective wastewater collection, treatment, and recycling. JHYY $PNII41i0 Darrell Johnson Cynthia J. Kurtz October 11, 2017 .q Page 2 of 7 TH EMJ\ In exchange for the District allowing lateral connections, the City offered to maintain the Fruit Street Trunk Sewer. County Sanitation District No. 1 accepted the City's offer April 10, 1968. See Exhibit A. Consolidation and Regional versus Local Roles. In 1997,the eight individual County Sanitation Districts combined to form the Orange County Sanitation District. The consolidated Sanitation District focuses on regional waste water collection and treatment,and local agencies are responsible for collection of local sewer flows and delivering those flows to a Sanitation District manhole. Sanitation District Policy Against Lateral Connections to Trunk Sewers. It has been Sanitation District policy for many years not to allow lateral connections to its pipes. There are fiscal and regulatory reasons for this policy. Fiscally, it is appropriate for local sewer service providers to bearthe cost of local service which varies by locality based on topography, rights-of-way and development patterns. The local providers all collect the appropriate fees to construct and maintain local collection operations. From a regulatory perspective, the local sewer service providers are required by the California State Regional Water Quality Control Board by permit to operate and maintain their local collection systems. Significant spill liabilities that did not exist in 1968 are now present. Sanitation District Has Offered to Quitclaim Sewer to City. The sewer originates in the City(at 17Th Street and Grand Avenue) and transports only City sewer flows,not regional flows. The Sanitation District has offered to quitclaim its interest in the Fruit Street Trunk Sewer to the City. Discussions are on-going between the City and Sanitation District. A letter of intent is being generated to facilitate the transfer of ownership of the Fruit Street Trunk Sewer. OC Street Car Project Conflicts with Trunk Sewer; Relocation Required Facility Conflict and Relocation. The City and the Authority have entered into cooperative agreements to construct the OC Street Car on Santa Ana Boulevard on an alignment that conflicts with the existing Fruit Street Trunk Sewer. The Sanitation District and Authority agree that due to the proposed OC Streetcar alignment portions of the existing sewer alignment will be relocated generally within Santa Ana Boulevard,but disagree on the party who is financially responsible for the sewer relocation. The Authority has offered to provide the engineering and construction services required to relocate the portions of the sewer that conflict with the proposed OC Street Car alignment. q Y SNNIiq♦, Darrell Johnson Cynthia J. Kurtz October 11,2017 a Page 3 of 7 e � iM EMS The Authority may seek compensation for relocating portions of the existing Fruit Street Trunk sewer by legal or other means. Track Location Will Impair Access for Repairs. Replacement, Spill Response. Maintaining the Fruit Street Trunk Sewer in portions of its current alignment is not an option.The Sanitation District sewer cleaning methodologies and equipment are not compatible with constraints that will be imposed by the OC Streetcar when in operation. The overhead electrical lines and lack of horizontal clearance would require that the OC Streetcar operations cease while sewer maintenance or spill response are occurring. Additionally, repair and replacement of the sewer would be made more difficult and more costly as a result of the location of the OC Streetcar tracks. Insufficient Room for Additional Facilities.The City,Authority and Sanitation District staffs have all agreed that it is generally not practical, nor in the common public interest, to create a new local sewer and a realigned regional (Sanitation District) sewer and a new OC Streetcar alignment in Santa Ana Boulevard. All three staffs believe there is insufficient space for all three alignments among the other buried utilities in that location. Proposed Terms of a Three-Party Agreement The Sanitation District proposes an agreement with the Authority and the City that would resolve these issues and allow for the OC Street Car Project to proceed,under the following terms: • Sanitation District will permit Authority to relocate portions of the Fruit Street Trunk Sewer in consultation with the City as necessary from approximately the intersection of Broadway and Santa Ana Boulevard to the Santa Ana Regional Transportation Center. Authority and Sanitation District will enter into a Utility Relocation Agreement with terms consistent with this letter of intent and prior Utility Relocation Agreements. Sewer materials and design standards must be consistent with Sanitation District standards. • The Sanitation District will allow the City to connect users on Santa Ana Boulevard to the relocated Fruit Street Trunk Sewer, consistent with the 1968 agreement, if capacity is available. `o�Hty SPxII4)ON W os Darrell Johnson Cynthia J. Kurtz October 11, 2017 Page 4 of 7 x • The City shall continue to provide sewer cleaning and maintenance to the relocated Fruit Street Trunk Sewer beginning approximately in the intersection of Broadway and Santa Ana Boulevard and continuing upstream to its termination at Grand Avenue and 17t"Street, as well as the North Bristol Street Trunk Sewer. The City shall clean the sewer not less than every 18 months and shall supply CCTV to Sanitation District for its asset management purposes. The City shall be financially responsible for any sewage spills caused by blockages in these sewers upstream of Broadway and Santa Ana Boulevard. The Sanitation District shall be financially responsible for any sewage spills cause by structural failure in these sewers upstream of Broadway and Santa Ana Boulevard. • The Authority shall provide engineering and construction services at Authority's expense to relocate the Fruit Street Trunk Sewer and all local sewer and lateral connections to the relocated Fruit Street Trunk Sewer. • The City and the Authority will coordinate access procedures to facilitate access to the Fruit Street Trunk Sewer for maintenance and cleaning activities. • To protect public health, the Authority and City will also provide perpetual access rights for the Sanitation District to inspect the relocated Fruit Street Trunk Sewer, which may necessitate OC Streetcar service outages. The proposed agreement is only valid with the approval of all three parties. Upon your approval of the deal points set out above, the staff of all three agencies will work cooperatively and diligently to create a more formal agreement to be approved by our governing bodies that will support construction of OC Street Car and long-term sewer service in the area. James Cf. Herberg, P.E. General Manager Agreed and approved: Orange County Transportation Authority By: Z14 Darrell J hnson, Chief Executive Officer 1Y xxxlq Darrell Johnson Cynthia J.Kurtz October 11,2017 Page 5 of 7 rxE •'x City of Santa Ana::im nthia 1. Kurtr,, Interim City Ma ger 1D T:gc Enclosures 1. Exhibit A 2. Exhibit B cc: Rob Thompson Director of Engineering Exhibit A THE CITY Of SHOTO OHO 92701 p7.a...dd".rcob..w April 5, 1968 217 North Main Street Phone: 547-0511 7tr. Fred A. Harper, General Manager Orange County Sanitation District ONE P. 0. Box 5175 Fountain Valley, California 92708 NORTH BRISTOL STREET TRUNK SEWER BETWEEN MYRTLE STREET AND SANTA CLARA AVENUE, FRUIT STR£E2 TRUNK SEWWER (CONTRACT NO. 1-9) The City is willing to accept the additional coats involved is connecting the existing laterals to the Bristol Street Trunk. We would also be willing to pay for the additional engineering mats required to modify the plans so that our old sewer will be removed and the existing laterals connected to the am trunk as part of the project. Because there will be no additional maintenance costs to the City, ani beuwee misting sed future laterals will be connected directly to both the Bristol Street and the Fruit Street Trunks, the City will maintain these sewers. We sincerely appreciate your cooperation in these projects, and wa ask that the above proposals be approved by your Board. We expect to have funds to cover our obligations on this after July 7�1,,d'119968. ( RONALD E. MO. &', Director of Public ftrks Agenda Item #27 -J- District \ 3AV_, . 9 �a f 6 � � w, . . m _ I ? ` C5 \ % ) rL . ) m ■ — -----� .--— 7 ® # g^ _ \ 6 LU CL ` tea ) 2o k ; ��. � | ■ f ! ) a \ { ) ) \ kk _ | . ) ! LU z � . . K- § STEERING COMMITTEE Meeting Date TOBd.Of Dir. io/zs/v io/zs/v AGENDA REPORT IWrnNumber Item Number a Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Rob Thompson, Director of Engineering SUBJECT: LEGAL SERVICES WITH LEWIS BRISBOIS BISGAARD & SMITH, LLP GENERAL MANAGER'S RECOMMENDATION Authorize an increase of $100,000 to sole source Purchase Order 105851-OB to Lewis Brisbois Bisgaard & Smith, LLP for legal services related to project and property agreements with Orange County Transportation Authority and City of Newport Beach matters, for a not-to-exceed amount of$325,000. BACKGROUND When the Orange County Sanitation District's (Sanitation District) primary legal counsel has a conflict of interest, matters are referred to a secondary legal counsel. Due to a conflict of interest, the Sanitation District has secured the legal services of Lewis Brisbois Bisgaard & Smith, LLP (LBBS) related to matters involving the Orange County Transportation Authority (OCTA) and the City of Newport Beach. In partnership with the California Department of Transportation, OCTA is conducting the Interstate 405 Improvement Project (OCTA 405 Project) to widen Interstate 405 between State Route 73 and Interstate 605. Multiple Sanitation District sewers and structures, both inside and outside of Plant No. 1, will conflict with the OCTA 405 Project and will require modifications and/or relocations. The OCTA 405 Project will also construct an on-ramp to the southbound Interstate 405 beginning at Ellis Avenue near the Sanitation District's Plant No. 1 entrance. Related to this issue, the Sanitation District has initiated a "quiet title"action with other private parties to confirm its property rights to a small parcel of land at Plant No. 1. OCTA is also managing the OC Streetcar Project, which proposes an alignment that will cross or run parallel with Sanitation District sewer pipes, affecting maintenance and future rehabilitation. The City of Newport Beach has proposed the transfer of certain land rights adjacent to the 15m Street Pump Station to the Sanitation District, and requires legal counsel review. The Sanitation District is working cooperatively with OCTA and the City of Newport Beach to prepare 13 separate formal agreements and modifications to title deeds for more than 10 parcels. These issues require significant research time and attention to detail. 4844-9913-5047.1 Page 1 of 4 RELEVANT STANDARDS • Maintain collaborative and cooperative relationships with neighboring agencies • Protection of Orange County Sanitation District assets PROBLEM The Sanitation District is in need of legal counsel for items related to the OCTA 405 Project, the OC Streetcar, and the City of Newport Beach. The Sanitation District's legal counsel is Woodruff, Spradlin and Smart, which is the same legal counsel for OCTA and the City of Newport Beach. For any legal issues between the Sanitation District and either OCTA or the City of Newport Beach,Woodruff, Spradlin and Smart is not able to represent the Sanitation District (or the other parties) due to a conflict of interest. PROPOSED SOLUTION Procure secondary legal services to assist the Sanitation District in matters related to OCTA projects, as well as one matter related to the City of Newport Beach. TIMING CONCERNS OCTA has established schedules for both of its projects. The Sanitation District would like to work cooperatively with OCTA to meet its schedules and have legal counsel available to review agreements and provide counsel. RAMIFICATIONS OF NOT TAKING ACTION Without action, the Sanitation District would not have legal counsel on matters related to OCTA or the City of Newport Beach transaction, or could delay these important OCTA projects. PRIOR COMMITTEE/BOARD ACTIONS May 2017 - The Board approved an increase of $150,000 to LBBS for legal services, for a not-to-exceed amount of$225,000. ADDITIONAL INFORMATION OCTA 405 Project The OCTA 405 Project requires multiple agreements with the Sanitation District, including a Cooperative Agreement, eight Utility Agreements, various Temporary Entry Permits, a Land Acquisition Agreement, and related easements, encroachments, and deeds. Of these, the Cooperative Agreement and eight Utility Agreements have been approved by the Sanitation District Board of Directors. 4W4-9913-5W1.1 Page 2 of 4 Cooperative Agreement C-6-0979 was approved by the Sanitation District's Board of Directors in August 2016 which accepted OCTA's proposal to relocate the interim Plant No. 1 main entrance, and to modify and relocate onsite Plant No. 1 utilities. The eight Utility Agreements were approved by the Sanitation District's Board of Directors in June 2017 and includes 22 locations throughout Orange County where Sanitation District sewers are impacted and will require relocation, modification, reconstruction, or build-over of existing Sanitation District sewers. OCTA also proposes to enter a Land Acquisition Agreement with the Sanitation District to purchase land to construct, maintain, and operate the new on-ramp and permanent and temporary construction easements to benefit Caltrans, Southern California Edison, the Orange County Water District, and the City of Fountain Valley. OCTA presented an offer for these property rights in August 2017. Executive Management from OCTA and the Sanitation District met to discuss the appraisal offer and the Sanitation District's proposed response. The Sanitation District submitted a formal response to OCTA in September 2017 to facilitate a prompt resolution that meets OCTA's project needs and the Sanitation District's maintenance, operation, planned expansion, and public access needs. This response summarized prior discussions and proposed alternative cost and time-saving resolutions for the OCTA 405 Project. The Sanitation District is currently awaiting a response from OCTA. The OCTA 405 Project also requests that the Sanitation District submit a total of eight longitudinal encroachment exception letters to Caltrans. The Sanitation District continues to issue Entry Permits onto Sanitation District property for OCTA 405 Project data collection and related construction activities, which include terms for reimbursement for legal, oversight, and inspection support services. LBBS has incurred costs of$135,000 to date on these efforts, and estimates an additional $75,000 to complete these agreements. Quiet Title Action LBBS filed a quiet title legal action in connection with a parcel of land that has historically been treated as a portion of Plant No. 1, but for which the Sanitation District does not have a deed. LBBS has identified three living descendants of the original owner, and has obtained quitclaim deeds from each of them, which were accepted by the Board of Directors in September 2017. LBBS will now attempt to obtain a judgment from the court, resolving the title issues in favor of the Sanitation District. LBBS has incurred costs of $48,000 to date on this effort, and estimates an additional $10,000 to complete this task. 4W4-9913-5W1.1 Page 3 of 4 OCTA Streetcar Project The Sanitation District has been working with OCTA with respect to the Streetcar Project proposed for Santa Ana Boulevard, which is presently designed to be constructed directly over portions of the existing Fruit Street Trunk Sewer, creating a conflict between the ability of both agencies to operate and maintain their respective infrastructure. The Sanitation District, OCTA, and the City of Santa Ana are in the process of cooperatively resolving the relocation, ownership, and maintenance issues relating to that conflict. LBBS has incurred costs of $6,500 to date on this effort, and estimates an additional $38,400 to complete this task. City of Newport Beach The Sanitation District's 151h Street Pump Station is adjacent to a parking lot parcel owned by the City of Newport Beach and the Sanitation District would like to obtain ownership or permanent use rights of an unused portion. In order to comply with certain tax covenants,the City of Newport Beach would like to lease or permit the Sanitation District's use for a number of years, and then potentially sell the small parcel after the expiration of five years after its original acquisition from Southern California Edison. LBBS will assist in negotiating and structuring the transaction. LBBS has incurred costs of $2,100 to date on this effort, and estimates an additional $10,000 to complete this task. CEQA N/A FINANCIAL CONSIDERATIONS This request complies with authority levels of the Sanitation District's Purchasing Ordinance. This item has been budgeted (FY 2016-17 Line item: Professional and Contractual Services, Section 6, Page 56). ATTACHMENT The following attachment(s) may be viewed on-line at the OOSD website (wwwocsd.corn with the complete agenda package: N/A RD:sa:gc 4544-9913-5NTA Page 4 of 4 WOODRUFF RT SPRADLIN&SMA CLOSED SESSION 1 • . 555 ANTON BOULEVARD, SUITE 1200 C.111 MEsn, CA 92626-7670 (714)556-7000 MEMORANDUM TO: Hon. Chair and Members of the Orange County Sanitation District Steering Committee FROM: Bradley R. Hogin, Esq. General Counsel DATE: October 17,2017 RE: Closed Session Items The Steering Committee will hold a closed session on October 25, 2017 for the purpose of conferring with its negotiators regarding the purchase of real property. The negotiating parties and properties are as follows: Valley Business Park,APN Nos. 156-165-05, 156-165-06, 156-163- 07; DK-USA LLC,APN No.156-165-04;Fountain Valley Industrial Parcel 13,APN No.156-165- 08; Sukut Real Properties LLC, APN Nos. 156-163-09, 156-163-10, 156-163-11; The Ins Trust Shabtai,Nevon,APN No. 156-163-16; The his Trust,APN No. 156-154-07; Fountain Valley Star LLC, APN No. 156-154-06; TN Sheet Metal Inc., APN No. 156-163-12; 18401 Bandilier LLC, APN No. 156-163-13; Phone Lilly Lin-Lin TR, APN No. 156-154-05; JDK Partners, APN No. 156-163-14; Chandler Real Properties, APN No. 156-163-15; Ellis Avenue LLC, APN No. 156-154-04; and SFII Fountain Valley LLC, APN No. 156-151-03. The District's negotiators we Jim Herberg, Bob Ghirelli, Lorenzo Tyner, Rob Thompson, Kathy Millen and Jeff Mohr, Tom Grant, Kevin Turner and John Gallivan, Cushman and Wakefield. Said closed session will be held pursuant to authority of California Government Code Section 54956.8. Respectfully submitted, By. /f BradleY R. Hogin, Vieneral Counsel 11921611 ►` WOODRUFF,.SFRADLIN&SMART CLOSED SESSION 2 555 ANTON BOULEVARD, BUITC1200 C.sIA MNsA, CA 92626-7670 (714)556-0000 MEMORANDUM TO: Hon. Chair and Members of the Orange County Sanitation District Steering Committee FROM: Bradley R. Hogin, Esq. General Counsel DATE: October 17,2017 RE: Closed Session Items The Steering Committee desires to hold a closed session on October 25,2017 for the purpose of conferring with its legal counsel regarding existing litigation to which the District is a party. The title of the case is Hendy, Fomlan-Woodbridge v. OCSD, Orange County Superior Court Case No. 30-2017-00934699. The closed session will be held pursuant to the authority of California Government Code Section 54956.9(d)(1). Respectfully submitted,, By 14 BradleY R.Hogin, Ocneral Counsel 1114541.1 •T WOODRUFF,.spRADLIN&SMART 555 ANTON BOULEVARD, BUITC1200 C.sIA MNsA, CA 92626-7670 (714)556-0000 MEMORANDUM TO: Hon. Chair and Members of the Orange County Sanitation District Steering Committee FROM: Bradley R. Hogin, Esq. General Counsel DATE: October 17,2017 RE: Closed Session Items The Steering Committee desires to hold a closed session on October 25,2017 for the purpose of conferring with its legal counsel regarding existing litigation to which the District is a party. The title of the case is Roy Heady—Workers Compensation Appeals Board, Case No. ADJ19971164. The closed session will be held pursuant to the authority of California Government Code Section 54956.9(d)(1). Respectfully submitted,, By 14 BradleY R.Hogin, Ocneral Counsel 1114541.1 ORANGE COUNTY SANITATION DISTRICT Agenda Terminology Glossary Glossary of Terms and Abbreviations AQMD Air Quality Management District ASCE American Society of Civil Engineers BOD Biochemical Oxygen Demand CARS California Air Resources Board CASA California Association of Sanitation Agencies CCTV Closed Circuit Television CEQA California Environmental Quality Act CIP Capital Improvement Program CRWQCB California Regional Water Quality Control Board CWA Clean Water Act CWEA California Water Environment Association EIR Environmental Impact Report EMT Executive Management Team EPA US Environmental Protection Agency FOG Fats, Oils, and Grease gpd gallons per day GWRS Groundwater Replenishment System ICS Incident Command System IERP Integrated Emergency Response Plan LOS Level Of Service MGD Million Gallons Per Day NACWA National Association of Clean Water Agencies NPDES National Pollutant Discharge Elimination System NWRI National Water Research Institute O & M Operations & Maintenance OCCOG Orange County Council of Governments OCHCA Orange County Health Care Agency OCSD Orange County Sanitation District OCWD Orange County Water District OOBS Ocean Outfall Booster Station OSHA Occupational Safety and Health Administration PCSA Professional Consultant/Construction Services Agreement PDSA Professional Design Services Agreement POTW Publicly Owned Treatment Works ppm parts per million PSA Professional Services Agreement RFP Request For Proposal RWQCB Regional Water Quality Control Board Glossary of Terms and Abbreviations SARFPA Santa Ana River Flood Protection Agency SARI Santa Ana River Interceptor SARWQCB Santa Ana Regional Water Quality Control Board SAW PA Santa Ana Watershed Project Authority SCADA Supervisory Control And Data Acquisition SCAP Southern California Alliance of Publicly Owned Treatment Works SCAQMD South Coast Air Quality Management District SOCWA South Orange County Wastewater Authority SRF Clean Water State Revolving Fund SSMP Sewer System Management Plan SSO Sanitary Sewer Overflow SWRCB State Water Resources Control Board TDS Total Dissolved Solids TMDL Total Maximum Daily Load TSS Total Suspended Solids WDR Waste Discharge Requirements WEF Water Environment Federation W ERF Water Environment & Reuse Foundation WIFIA Water Infrastructure Finance and Innovation Act WIIN Water Infrastructure Improvements for the Nation Act W RDA Water Resources Development Act Activated sludge process — A secondary biological wastewater treatment process where bacteria reproduce at a high rate with the introduction of excess air or oxygen and consume dissolved nutrients in the wastewater. Benthos —The community of organisms, such as sea stars, worms, and shrimp, which live on, in, or near the seabed, also known as the benthic zone. Biochemical Oxygen Demand (BOD) — The amount of oxygen used when organic matter undergoes decomposition by microorganisms. Testing for BOD is done to assess the amount of organic matter in water. Biogas—A gas that is produced by the action of anaerobic bacteria on organic waste matter in a digester tank that can be used as a fuel. Biosolids—Biosolids are nutrient rich organic and highly treated solid materials produced by the wastewater treatment process. This high-quality product can be recycled as a soil amendment on farmland or further processed as an earth-like product for commercial and home gardens to improve and maintain fertile soil and stimulate plant growth. Glossary of Terms and Abbreviations Capital Improvement Program (CIP) — Projects for repair, rehabilitation, and replacement of assets. Also includes treatment improvements, additional capacity, and projects for the support facilities. Coliform bacteria—A group of bacteria found in the intestines of humans and other animals, but also occasionally found elsewhere, used as indicators of sewage pollution. E. coli are the most common bacteria in wastewater. Collections system— In wastewater, it is the system of typically underground pipes that receive and convey sanitary wastewater or storm water. Certificate of Participation (COP)—A type of financing where an investor purchases a share of the lease revenues of a program rather than the bond being secured by those revenues. Contaminants of Potential Concern (CPC) — Pharmaceuticals, hormones, and other organic wastewater contaminants. Dilution to Threshold (DIT) — The dilution at which the majority of people detect the odor becomes the D/T for that air sample. Greenhouse Gases (GHG) — In the order of relative abundance water vapor, carbon dioxide, methane, nitrous oxide, and ozone gases that are considered the cause of global warming ("greenhouse effect'). Groundwater Replenishment System (GWRS) — A joint water reclamation project that proactively responds to Southern California's current and future water needs. This joint project between the Orange County Water District and the Orange County Sanitation District provides 70 million gallons per day of drinking quality water to replenish the local groundwater supply. Levels Of Service (LOS) — Goals to support environmental and public expectations for performance. N-Nitrosodimethylamine (NDMA) — A N-nitrosamine suspected cancer-causing agent. It has been found in the Groundwater Replenishment System process and is eliminated using hydrogen peroxide with extra ultra-violet treatment. National Biosolids Partnership (NBP)—An alliance of the National Association of Clean Water Agencies and Water Environment Federation, with advisory support from the US Environmental Protection Agency. NBP is committed to developing and advancing environmentally sound and sustainable biosolids management practices that go beyond regulatory compliance and promote public participation to enhance the credibility of local agency biosolids programs and improved communications that lead to public acceptance. Plume — A visible or measurable concentration of discharge from a stationary source or fixed facility. Glossary of Terms and Abbreviations Publicly Owned Treatment Works (POTW) —A municipal wastewater treatment plant. Santa Ana River Interceptor(SARI) Line —A regional brine line designed to convey 30 million gallons per day of non-reclaimable wastewater from the upper Santa Ana River basin to the ocean for disposal, after treatment. Sanitary sewer—Separate sewer systems specifically for the carrying of domestic and industrial wastewater. Combined sewers carry both wastewater and urban runoff. South Coast Air Quality Management District (SCAQMD) — Regional regulatory agency that develops plans and regulations designed to achieve public health standards by reducing emissions from business and industry. Secondary treatment — Biological wastewater treatment, particularly the activated sludge process, where bacteria and other microorganisms consume dissolved nutrients in wastewater. Sludge—Untreated solid material created by the treatment of wastewater. Total Suspended Solids (TSS)—The amount of solids floating and in suspension in wastewater. Trickling filter — A biological secondary treatment process in which bacteria and other microorganisms, growing as slime on the surface of rocks or plastic media, consume nutrients in wastewater as it trickles over them. Urban runoff—Water from city streets and domestic properties that carry pollutants into the storm drains, rivers, lakes, and oceans. Wastewater—Any water that enters the sanitary sewer. Watershed—A land area from which water drains to a particular water body. The Orange County Sanitation District's service area is in the Santa Ana River Watershed.