HomeMy WebLinkAbout12-20-2017 Steering Committee Agenda Packet.pdf Orange County Sanitation District Wednesday, December 20, 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.
Sewer Service Fees & Charges (Jim Herberg)
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 Any items withdrawn from the Consent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 November 15, 2017.
2. ADOPTION OF UPDATED RESOLUTION ON RULES OF PROCEDURE
(Bob Ghirelli)
RECOMMENDATION: Recommend to the Board of Directors to: Adopt Resolution
No. OCSD 17-18, entitled, "A Resolution of the Board of Directors of Orange County
Sanitation District Establishing Rules of Procedure for the Conduct of Business of the
District, and Repealing Resolution No. OCSD 17-08."
12/20/2017 Steering Committee Agenda Page 1 of 4
NON-CONSENT:
3. DISTRICT 6 TRUNK SEWER RELIEF, PROJECT NO. 6-17
(Rob Thompson)
RECOMMENDATION: Recommend to the Board of Directors to: Approve a
contingency increase of $369,930 (10%) to the construction contract with Charles
King Co., Inc. for District No. 6 Trunk Sewer Relief, Project No. 6-17, for a total
amount not to exceed $739,860 (20%).
4. DEFERRED PAYMENT AGREEMENT REQUEST FOR CHARGES AND FEES
OWED BY ONE INDUSTRIAL WASTEWATER DISCHARGE PERMITTEE
(Lorenzo Tyner)
RECOMMENDATION: Recommend to the Board of Directors to: Deny the request
for a 3'd deferred payment agreement for charges and fees owed for sanitary sewer
service charges from Aseptic Technology, LLC.
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 potential litigation, or personnel matters,pursuant to Government 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 LEGAL COUNSEL RE EXISTING LITIGATION
(Government Code Section 54956.9(d)(1))
Number of Cases: 4
Klean Waters, Inc. at al. v. Orange County Sanitation District, at al., United States
District Court, Central District of California, Southern Division, Case No.
8:15-cv-00627.
Klean Waters, Inc. at al. v. Orange County Sanitation District, at al. United States
District Court, Central District of California, Southern Division, Case No.
8:15-cv-01498.
12/20/2017 Steering Committee Agenda Page 2 of 4
Wesley Bauer v. Orange County Sanitation District, Orange County Superior Court,
Central Justice Center, Case No. 30-2017-00956252.
APP Winddown, LLC at al. v Orange County Sanitation District, United States
Bankruptcy Court District of Delaware, Case No. 16-12551, Adversary No. 17-51609.
(2) CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Property: 18350 Mt. Langley St. Fountain Valley, CA
APN Nos. 156-154-08 and 156-163-17
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;
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:
K & A Investments LP, APN Nos. 156-154-08 & 156-163-17
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;
12/20/2017 Steenng Committee Agenda Page 3 of 4
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.
RECONVENE IN REGULAR SESSION.
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, January 24, 2018 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 Postino: In accordance with the requirements of California 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(olocsd.com
For any questions on the agenda, Committee members may contact staff at:
General Manager Jim Hemerg (714)593-7300 iherberg(c3ocsd.com
Assistant General Manager Bob Ghirelli (714)593-7400 mhirelli0locsd.com
Director of Engineering Rob Thompson (714)593-7310 rthomuson(n)oosd.com
Director of Environmental Services Jim Colston (714)593-7450 icolston0locsd.com
Director of Finance and Lorenzo Tyner (714)593-7550 Ityner(&ocsd.cem
Administrative Services
Director of Human Resources Celia Chandler (714)593-7202 cchandlerkDocsd.com
Director of Operations&Maintenance Ed Torres 714 593-7080 etorres ocsd.com
12/20/2017 Steering Committee Agenda Page 4 of 4
ITEM NO. 1
MINUTES OF THE
STEERING COMMITTEE
Orange County Sanitation District
Wednesday, November 15, 2017 at 5:00 p.m.
A regular meeting of the Steering Committee of the Orange County Sanitation
District was called to order by Board Vice-Chairman Shawver on Wednesday,
November 15, 2017 at 5:03 p.m. in the Administration Building of the Orange County
Sanitation District.
A quorum was declared present, as follows:
COMMITTEE MEMBERS PRESENT: STAFF PRESENT:
David Shawver, Board Vice-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 Rob Thompson, Director of Engineering
Ellery Deaton, Member-At-Large Ed Torres, Director of Operations &
Tim Shaw, Member-At-Large Maintenance
Lorenzo Tyner, Director of Finance &
COMMITTEE MEMBERS ABSENT: Administrative Services
Greg Sebourn, Board Chair Kelly Lore, Clerk of the Board
Donald Wagner, Member-At-Large Jennifer Cabral
Al Garcia
Tina Knapp
Kathy Millea
Jeff Mohr
Tyler Ramirez
Jim Spears
OTHERS PRESENT:
Brad Hogin, General Counsel
Mark Panny, Carollo Engineers
Pierce Rossum, Carollo Engineers
PUBLIC COMMENTS:
No public comments were provided.
REPORTS:
Vice-Chair Shawver did not provide a report.
General Manager Jim Herberg did not provide a report.
11/15/2017 Steering Committee Minutes Page 1 of 3
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 October 25, 2017.
AYES: Deaton; Shaw; Shawver; and Wanke
NOES: None
ABSTENTIONS: None
ABSENT: Sebourn, Wagner and Withers
2. REIMBURSEMENT AGREEMENT WITH ORANGE COUNTY FLOOD
CONTROL DISTRICT FOR LANE CHANNEL PROJECT, PROJECT NO.
FE16-11
(Rob Thompson)
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board
of Directors to: Approve a Reimbursement Agreement with the Orange County
Flood Control District for the protection of the Von Karman Trunk Sewer in the
City of Irvine, for an amount not to exceed $414,167.
AYES: Deaton; Shaw; Shawver; and Wanks
NOES: None
ABSTENTIONS: None
ABSENT: Sebourn, Wagner and Withers
NON-CONSENT:
3. STRATEGIC PLAN UPDATE (Bob Ghirelli)
Assistant General Manager Bob Ghirelli provided a short informational
presentation regarding the item.
MOVED. SECONDED, AND DULY CARRIED TO: Recommend to the Board
of Directors to: Approve the 2017 Strategic Plan Update.
AYES: Deaton; Shaw; Shawver; and Wanke
NOES: None
ABSTENTIONS: None
ABSENT: Sebourn, Wagner and Withers
Director Withers arrived at 5:07 p.m.
11/15/2017 Steering Committee Minutes Page 2 of 3
INFORMATION ITEMS:
4. ORANGE COUNTY SANITATION DISTRICT RATE PROGRAM
(Lorenzo Tyner)
Director of Finance & Administrative Services Lorenzo Tyner distributed a
handout, provided an informative PowerPoint presentation, and responded to
questions regarding the Rate Program including: preparation and analysis of
the comparison of rates, general and industrial user fees, capital facilities
capacity charges and supplemental capital facilities capacity charges, rebates
and refunds, and provided a schedule of the implementation of the rate
program approval process.
CLOSED SESSION:
CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE
SECTIONS 54956.8 & 54956.9(d)(11:
The Committee convened in closed session at 5:26 p.m. to discuss one item. Item
No. CS-2 was not heard. 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 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 5:43 p.m.
CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED
SESSION:
General Counsel Brad Hogin did not provide a report.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA
ITEMS, IF ANY:
None.
ADJOURNMENT:
Vice-Chairman Shawver declared the meeting adjourned at 5:45 p.m. to the next
Steering Committee meeting to be held on Wednesday, December 20, 2017 at 5:00
p.m.
Submitted by:
Kelly A. Lore
Clerk of the Board
11/15/2017 Steering Committee Minutes Page 3 of 3
STEERING COMMITTEE Meeting Date TOBd.Ot Dir.
z/zo/v tz/zo/v
AGENDA REPORT IWmNumber Item Number
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Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Robert P. Ghirelli, Assistant General Manager
SUBJECT: ADOPTION OF UPDATED RESOLUTION ON RULES OF PROCEDURE
GENERAL MANAGER'S RECOMMENDATION
Adopt Resolution No. OCSD 17-18, entitled, "A Resolution of the Board of Directors of
Orange County Sanitation District Establishing Rules of Procedure for the Conduct of
Business of the District, and Repealing Resolution No. OCSD 17-08."
BACKGROUND
At this time, the procedures are being updated to add language regarding
teleconferencing of meetings and minor clerical revisions.
RELEVANT STANDARDS
• CA Government Code Section 54950 at seq.
• Comply with transparency and communication requirements, including the Brown
Act
PRIOR COMMITTEE/BOARD ACTIONS
May 2017-Adopted Resolution No. OCSD 17-08, "A Resolution of the Board of Directors
of Orange County Sanitation District Establishing Rules of Procedure for the Conduct of
Business of the District, and Repealing Resolution No. OCSD 15-27."
ADDITIONAL INFORMATION
N/A
ATTACHMENT
The following attachment(s)is attached in hard copy and may also be viewed on-line at the OCSD website
(www.ocsd.com) with the complete agenda package:
• Resolution No. OCSD 17-18
Page 1 of 1
RESOLUTION NO. OCSD 17-0818
A RESOLUTION OF THE BOARD OF DIRECTORS OF
ORANGE COUNTY SANITATION DISTRICT
ESTABLISHING RULES OF PROCEDURE FOR THE
CONDUCT OF BUSINESS OF THE DISTRICT, AND
REPEALING RESOLUTION NO. OCSD 45 2717-08
WHEREAS it is necessary to establish rules of procedure to facilitate the orderly
handling of business to come before the Orange County Sanitation District Board of
Directors and Standing, Steering, Special and Ad Hoc Committees.
NOW THEREFORE, the Board of Directors of the Orange County Sanitation
District, DOES HEREBY RESOLVE, DETERMINE AND ORDER:
Section 1: Rules of Procedure. That the following rules of procedure be
adopted for the conduct of business of the District:
A. Regular Meetings. There shall be a regular monthly meeting of the Board
of Directors of the District on the fourth Wednesday of every month at 6:00 p.m., in the
Administrative Offices of the District, located at 10844 Ellis Avenue, Fountain Valley,
California; provided, however, if the fourth Wednesday of the month falls upon a legal
holiday, said monthly meeting shall be held on the next day thereafter, at the same time
and place, unless the Board adjourns to a different date and time.
The Board of Directors may adjourn any regular, special or adjourned special
meeting to a time and place certain, as specified in the order of adjournment.
B. Special Meetings. A special meeting of the Board of Directors may be
called in either one of the following ways:
(1) By the Chairperson of the Board of Directors; or
(2) By the written request of a majority of the Steering Committee
delivered to the Clerk of the Board.
The call or notice for special meeting shall be in writing and delivered personally
or by mail at least twenty-four (24) hours before the time of such meeting, as specified in
the notice. Any notice deposited in the regular mail addressed to a Director at the address
he or she has on file with the Clerk of the Board postage prepaid, sixty (60) hours in
advance of any such meeting as specified in the notice, shall be presumed to have been
delivered.
The call or notice shall specify the time and place of the special meeting, a
description of the business to be transacted,and copies of all pertinent written materials.
OCSD 17-1888-1
Such written notice may be dispensed with as to any Director or Alternate Director
who, at or prior to the time the meeting convenes, files with the Clerk of the Board a
written waiver of notice. Such waiver may be given by facsimile or electronic mail. Such
written notice may also be dispensed with as to any member who is actually present at
the meeting at the time it convenes. The Clerk of the Board shall diligently attempt to
notify each Director personally of the time, place and purpose of said meeting, not less
than twenty-four(24) hours before the time of said meeting.
The call or notice shall be posted in the administrative offices' public lobby and in
a location freely accessible to the public at least twenty-four(24) hours prior to the special
meeting.
C. Meetings Adjourned by Clerk of the Board. If at any regular, adjourned
regular, special or adjourned special meeting,there is not a quorum of Directors present,
the Clerk of the Board may declare the meeting adjourned to a stated time and place and
shall cause written notice of the adjournment to be given in the same manner as for a
special meeting, unless such notice is waived as provided for in special meetings. Within
twenty-four (24) hours after the time of the adjournment, a copy of the order or notice of
adjournment shall be conspicuously posted on or near the door of the place where the
meeting was held and in a location freely accessible to the public.
D. Notices to News Media. When any local newspaper of general circulation,
radio or television station requests, in writing, notices of meetings of the Board of
Directors, the Clerk of the Board shall thereafter, until receipt of a notice terminating said
request, deliver notices of regular, regular adjourned and special adjourned meetings to
such newspapers, radio or television stations. Delivery shall be made in the same manner
as delivery is made to the Directors.
E. Conduct of Meetings.
(1) Procedural Rules. The procedural rules for debate and action shall
be as set forth in Table 1, attached hereto and adopted herein by reference. Robert's
Rules of Order shall not be applicable or govern the procedures for the conduct of
Sanitation District business.
(2) Legal Officer. In any case of ambiguity or uncertainty in the
interpretation or application of these Rules to any procedure, the presiding officer may
direct such question for a ruling to the Board's General Counsel, who shall be the
parliamentarian of the Board.
(3) Obtaining the Floor and Making Motions. Any member of the Board
wishing to speak, or any member of the public wishing to address the Board, must first
be recognized by the Chairperson. The Chairperson must recognize any member of the
Board who seeks the floor when appropriately entitled to address the Board.
OCSD 17-1808-2
Any member of the Board, including the Chairperson, may bring a
matter of business properly before the Board by making a motion. Any member, including
the Chairperson, except the member making the motion, may second the motion. Once
a motion is seconded, it may be opened for discussion and debate, in accordance with
the procedures in Subsection (4) below.
(4) Rules for Discussion. Debate and Deliberation by the Board. The
procedures for consideration and action on all matters to come before the Board shall be
in compliance with the terms of this Section, as follows:
(a) Each item on the Agenda will be introduced in a form of a
report by either Staffthe General Manager, a member of -the Executive Management
Teem or Counsel.
(b) Upon completion of the report, the Chairperson will allow for
direct questions regarding the item, by Directors, each in turn, and in the order as selected
by the Chairperson.
(c) Upon completion of the question period, the Chairperson will
entertain a motion and second for consideration by the Board.
(d) Discussion among the Directors will follow. Each Director will
be recognized to address the Board in the order selected by the Chairperson, with a five
(5) minute time limit for each Member wishing to speak on the Agenda item, unless the
time limit is waived by the Chairperson. There will be no interruptions of the Director who
has been recognized. Attempted interruptions will be declared out-of-order, and the
Board Member attempting to interrupt will be asked to remain silent until recognized.
(a) As an additional courtesy to everyone, repetition of comments
will be discouraged in the interest of timer and, at the discretion of the Chairperson, can
be declared out-of-order.
(f) After each Member who wishes to speak has been recognized
and completed his/her remarks, a single three (3)minute period of rebuttal will be allowed
any Director, unless the time limit is waived by the Chairperson.
(g) If it appears to the Chairperson that any Director is pursuing a
line of questioning or commentary due to lack of preparation or prior review with the
District's Staff, the Director's time will be declared to have been used up, and no further
inquiry will be allowed.
(h) Upon adoption of a motion on an Agenda item, there will be
no further discussion of that item.
OCSD 17-1808-3
(5) Decorum in Debate. All Members shall address their remarks to the
Chairperson and confine them to the business then pending and subject to discussion
before the Board, avoiding personalities and reflections upon anyone's motives.
(6) Closing or Limiting Debate. At all times,the Board shall endeavor to
allow free and open debate among Members of the Board. However, in the discretion of
the Chairperson, it may become necessary to close or limit debate, so that action can be
taken by the Board. An order by the Chairperson closing or limiting the debate can only
be set aside by a majority vote of the Board.
F. Quorum. A majority of the Directors shall constitute a quorum of the Board.
G. Chairperson and Vice Chairperson of the Board. A Chairperson and Vice
Chairperson of the Board shall be elected by a majority vote of Directors at the regular
meeting in June of each year, and will assume office July 1st. The nominations for
Chairperson and Vice Chairperson shall be made at the regular Board meeting in May of
each year. Any person nominated for Chairperson shall be deemed to be nominated for
Vice Chairperson in the event the person is not elected as Chairperson. Thereafter, the
nominees shall prepare a statement setting forth their qualifications for the office sought.
The statements should be forwarded to the Clerk of the Board who will in turnshall-be
mailedmail teto the members of the Board of Directors with the Agenda and other meeting
material for the June regular meeting. If only one individual is nominated for Chairperson
at the regular Board meeting in May, that individual shall be deemed elected as
Chairperson, no election shall be held in June, and the individual shall assume office July
1s'. If only one individual is nominated for Vice Chairperson at the regular Board meeting
in May, that individual shall be deemed elected as Vice Chairperson, no election shall be
held in June, and the individual shall assume office July 1s'.
The Chairperson and Vice Chairperson shall serve at the pleasure of a majority of
the Directors. In the event the office of Chairperson becomes vacant due to resignation
or retirement of the incumbent prior to the expiration of the regular term, the Vice
Chairperson shall automatically succeed to the office of the Chairperson and shall
continue to serve through the remainder of the regular term unless sooner removed by
action of a majority of the Directors. In the event the office of Vice Chairperson becomes
vacant prior to the expiration of the regular term, nominations and the election of a
Director to serve in that capacity shall be conducted at the next regular Board meeting.
The person so elected shall serve the balance of the regularly-scheduled term unless
sooner removed as a result of action by a majority of the Directors.
The Chairperson shall not serve more than two consecutive one-year terms for
which he/she has been elected to the office of Chairperson. The Vice Chairperson shall
not serve more than two consecutive one-year terms for which he/she has been elected
to the office of Vice Chairperson.
OCSD 17-1808-4
H. Presiding Officer. The Chairperson of the Board shall preside during
meetings of the Directors. In the absence of the Chairperson, the Vice Chairperson shall
preside.
I. Clerk of the Board and Minutes. The Board of Directors shall have a person
designated to serve as Clerk of the Board. The Clerk of the Board will be appointed to
the position by the General Manager and shall report to the General Manager or a
Department Head as designated by the General Manager, The Clerk of the Board will be
a regular#u44h;+efull-time employee, subject to all the rules and policies applicable to all
regular full—time employees. The Clerk of the Board shall attend all meetings of the Board
of Directors, unless excused by the Chairperson, and shall prepare an accurate record of
each meeting for submission to the Directors and subsequent approval at the following
meeting; provided, however, that when an adjourned, special or special adjourned
meeting of the Board of Directors immediately precedes a regular meeting, Minutes of
said meeting shall be submitted for approval at the next meeting of the Board following
said regular meeting.
In the preparation of Official Minutes of a meeting of the Board of Directors, the
Clerk of the Board will not record the name of the Director who moves or who seconds
the adoption of a motion or Resolution, except the vote of any ind v due' Director`hall-be
but will reflect the votes by name of
each Director on each item brought before the Board. heR •^^6 i Fed by^•^•^^'^^^ ^f^tot^
law:
In the absence of the Clerk of the Board, a Deputy Clerk of the Board shall be
appointed to exercise the duties of the Clerk of the Board.
J. Regular Business to Come Before the Board of Directors. Insofar as
practicable, all items of business to be taken up at a regular meeting of the Board shall
be submitted to the Clerk of the Board, who shall include on the Agenda all such items
submitted by Directors, the General Manager and General Counsel, and all formal
communications.
The Clerk of the Board shall mail to each Director a notice of such regular
meetings, together with a proposed Agenda, not later than the Friday immediately
preceding such regular meetings. Said Agenda, insofar as possible, shall include copies
of Resolutions, except as hereafter provided, and a description of all matters to be
considered, together with any pertinent written materials.
Agendas shall be posted in a location freely accessible to the public not less than
seventy-two (72) hours in advance of the meeting.
Resolutions designated as "standard" and adopted by the Board of Directors from
time to time, and approved as to form and content, need not be included with said Agenda;
provided, however, that the information completing said standard Resolutions shall be set
OCSD 17-18N-5
forth on the Agenda listing, and copies of said standard Resolutions shall be on file with
the Clerk of the Board at the meeting time and place.
Items of business not known at the time the regular Agenda is mailed as herein
provided, may be considered as supplemental Agenda items; provided that all
requirements of the Ralph M. Brown Act (California Government Code Sections 54950 et
sec.) are satisfied.
No business, except with consent of two-thirds of the Directors present (a majority
of Directors present for emergency actions), and only if permitted by the Ralph M. Brown
Act, not appearing on the regular or supplemental Agendas may be brought before the
Board of Directors.
The meeting Agenda shall provide for an opportunity for members of the public to
address the Board on items on the Agenda and non-Agenda items of public interest. As
determined by the Chairperson, speakers may be deferred until the specific Agenda item
is taken for discussion, and remarks may be limited to three (3) minutes. Speakers on
non-Agenda items may address only items that are within the subject matter jurisdiction
of the Board of Directors. Time allotted for such presentations is limited to three (3)
minutes or less. Total time allotted for all public input on each non-Agenda item is limited
to thirty (30) minutes to one (1) hour, taking into consideration the number of persons
filing a request to address the Board. However, time allotments may be waived by a
majority vote of the Board.
K. Handling of Business and Voting. During the course of a Board meeting,
routine matters listed on the Agenda for consideration will be referred to by Agenda Item
Number only.
Voting on all Resolutions shall be by roll call, except if waived by unanimous voice
vote, in which event, the Chairperson may order a unanimous ballot cast in favor of the
motion or Resolution under discussion. The name of each Director shall be called only
once.
On matters of considerable interest or on which there appears to be a controversy,
the motion or Resolution shall be read by title or repeated by the Chairperson. The
Chairperson shall thereafter call for discussion of the motion or Resolution, at which time
any member may discuss the pending matter. Any person other than a Director present
at the meeting may speak on the motion if recognized by the Chairperson. Sole discretion
as to the extent of discussion outside of the membership of the Board shall rest with the
Chairperson. At the close of discussion, the Chairperson may, at the Chairperson's
discretion, repeat the motion or Resolution pending, and thereafter, call for a vote.
The Clerk of the Board shall determine and state whether or not a motion or
Resolution is adopted by roll call vote. On all other matters, the Chairperson shall
determine the outcome of the voting.
OCSD 17-18e9-6
L. Committees.
(1) Standing Committees.
(a) Steering Committee: There shall be a permanent Committee
designated as the Steering Committee, comprised of the Chairperson of the Board, the
Vice Chairperson of the Board, the Chairperson of each of the Standing Committees;and
three at-large members selected by the Chairperson of the Board. The Vice Chairperson
of each of the two Standing Committees shall serve as the designated Alternate, in the
absence or inability to serve by any Chairperson. In the absence or inability of any
designated member of the Steering Committee to serve, his/her city/agency appointed
Alternate Director may not serve in that member's absence.
The Committee shall conduct an annual performance evaluation of the
General Manager and submit recommendations on his/her compensation to the Board of
Directors. The Committee shall also review the General Manager's evaluation and
compensation of the executive management employees, based on established criteria,
and executive management's goals and objectives for the following year.
The Committee shall also conduct an annual performance evaluation of
General Counsel and submit recommendations to the Board of Directors as provided by
Resolution No. OCSD 12-03.
The Committee shall make recommendations to the Board of Directors on labor
negotiations and other related activities as may be needed or appropriate.
The Committee shall also be authorized to assign new subjects of significant
importance to the appropriate Standing Committee for study, evaluation and
recommendation.
The Steering Committee shall meet on the fourth Wednesday of each month at
5:00 p.m. preceding the Board's meeting, or at the call of the Chairperson of the Board of
Directors.
(b) Administration Committee: There shall be a permanent
Administration Committee (Finance & Administrative Services-and Human Resources
to advise the Staff and make recommendations on matters
related to the financial, budgeting, administrative and personnel policies and programs of
the District.
The Committee shall review with the Staff the procedures for development,
preparation and format of the annual budget and recommend appropriate change, and
counsel the Staff during the budget process to assure the proper interpretation and
implementation of the Board's policies and that the desired procedures have been
followed.
ocsD 17-1 se9-7
The responsibility for consideration and adoption of the District budget rests with
the Board of Directors.
The Committee shall periodically interviewand recommend the selection of outside
auditors. The Committee shall review the result of the annual audit of the District's
accounts with representatives of the outside audit firm, including any comments received
recommending improvements. The Committee shall review management's response to
these comments and make appropriate recommendations for implementation.
Periodically, the Committee shall recommend employment of an outside firm to
audit internal control procedures to safeguard the assets of the District.
The Committee shall interview and make recommendations on the employment of
investment-banking firms, bond counsel and, if necessary or desired, financial advisors,
to be used in connection with the District's financing programs.
The Committee shall periodically coordinate recommendations on personnel
audits of the District's operations or segments of the operations on an as-needed basis.
The Committee shall make recommendations on personnel policies and
procedures, insurers and coverage, procurement procedures and such other related
activities as may be needed or appropriate.
The Chairperson of the Board of Directors shall appoint a Committee Chairperson
and a Committee Vice Chairperson for the Administration Committee. The Committee
Chairperson and Committee Vice Chairperson shall serve at the pleasure of the
Chairperson of the Board of Directors.
The Administration Committee shall consist of thirteen members, as follows:
(1)The Chairperson of the Board of Directors;
(2)The Vice Chairperson of the Board of Directors;
(3)The Committee Chair of the Administration Committee;
(4)The Committee Vice Chair of the Administration Committee; and
(5) Nine additional Board members appointed by the Chairperson of the Board of
Directors.
Other than the Board Chairperson and the Board Vice Chairperson, no Director
who serves on the Operations Committee shall be eligible to serve on the Administration
Committee. In the absence of the Board Chairperson, his or her alternate Director may
attend meetings of the Administration Committee.
OCSD 17-1888-8
The Administration Committee shall meet on the second Wednesday of each
month at 5:00 p.m., or at the call of its Chairperson.
(c) Operations Committee: There shall be a permanent
Committee designated the Operations Committee (Engineering, Operations &
Maintenance and Environmental Services). With the goal of compliance with all public
health and environmental laws and regulations, the Operations Committee shall review
and submit appropriate recommendations on the matters pertaining to the operation of
the District Treatment Works, including such matters as current and projected service/flow
needs, level and quality of treatment, conservation, recycling and reuse activities and air
quality issues.
The Committee shall also review issues pertaining to the District's NPDES Ocean
Outfall Discharge Permit, including annual review of the contractor(s) performing the
ocean monitoring and research programs required as a condition of said permit, and
related issues regarding protection of the marine waters off metropolitan Orange County's
coastline from impacts resulting from the District's operations and discharge of treated
wastewater.
The Committee shall also review matters pertaining to contractual arrangements
by the District to provide sewerage services to areas outside the District's boundaries or
approved spheres of influence.
The Committee shall review plans for the future needs of the District, explore
alternatives and make recommendations to the Board of Directors.
The Operations Committee shall also review and submit appropriate
recommendations on matters pertaining to capital projects which address operational
needs, including the selection of professional consulting services to assist in studying,
planning and designing needed District Treatment Works and support facilities, including
computerized systems, in accordance with the Board's established policies and
procedures for procuring such services; the Committee shall further review construction
projects for said facilities in accordance with applicable public works laws and Board
policies. Said oversight shall include the contracts for professional services and public
works construction projects and addenda or change orders thereto. In carrying out its
responsibilities, the Committee shall receive advance notice and regular status reports
on the projects from Staff, and monitor, visit and observe the District Treatment Works'
operational functions and major capital construction projects.
The Chairperson of the Board of Directors shall appoint a Committee Chairperson
and a Committee Vice Chairperson of the Operations Committee. The Committee
Chairperson and Committee Vice Chairperson shall serve at the pleasure of the
Chairperson of the Board of Directors.
The Operations Committee shall consist of fourteen members, as follows:
OCSD 17-1898-9
(1)The Chairperson of the Board of Directors;
(2)The Vice Chairperson of the Board of Directors;
(3)The Committee Chair of the Operations Committee;
(4)The Committee Vice Chair of the Operations Committee; and
(5)Ten (10)additional Board members appointed by the Chairperson of the Board
of Directors.
Other than the Board Chairperson and the Board Vice Chairperson, no Director
who serves on the Administration Committee shall be eligible to serve on the Operations
Committee. In the absence of the Board Vice-Chairperson, his or her Alternate Director
may attend meetings of the Operations Committee.
The Operations Committee shall meet on the first Wednesday of each month at
5:00 p.m., or at the call of its Chairperson.
(d) Legislative and Public Affairs Committee: There shall be a
permanent Committee designated as the Legislative and Public Affairs Committee,
comprised of the Chairperson of the Board, the Vice Chairperson of the Board, and five
at-large members selected by the Chairperson of the Board.
The Committee shall advise the-Staff and make recommendations on matters
related to the legislative and public affairs programs of the District.
The Legislative and Public Affairs Committee shall meet on the second Monday of
each month at 12:00 p.m. or at the call of the Board Chairperson.
(2) Special and Ad Hoc Committees. In addition to the Standing
Committees, the Chairperson of the Board of Directors, or-the Chairperson of a Standing
Committee; or a majority of the Directors, may appoint from time to time, Special or Ad
Hoc Committees to study and report on specific matters. Such Committees shall be
temporary in nature, and their assignments shall pertain to a current, specific issue. Upon
completion of the assigned task, the Ad Hoc or Special Committee will be dissolved.
The Chairperson and Vice Chairperson of Special and Ad Hoc Committees shall
be appointed by the Chairperson of the appointing authority.
Each Special and Ad Hoc Committee shall meet at the call of its Chairperson.
(e k Alternate Directorss: If a regular Director cannot attend a meeting of the
Operations Committee, the Administration Committee or the full Board of Directors, the
Directors alternate may attend in place of his or her regular Director. An alternate
Director may not, however, attend a meeting of any other Committee in the absence of
OCSD 17-1808-10
his or her regular Director. - If the regular Director and the Alternate Director are both
unable to attend the meeting, the regular Director may request that the meeting be
teleconferenced. The request may be approved, at the Board Chairperson's discretion,
provided that all requirements of the Ralph M. Brown Act (California Government Code
Sections 54950 at sea.) are able to be satisfied.
MN. Motion to Refer to a Standing Committee. Any Director at a Board meeting
may move to have a policy or any other activity affecting the Sanitation District, or any
one of the member Agencies, referred to a Standing Committee for study and report. This
motion shall be a privileged motion, and when duly seconded, discussion thereof shall be
limited to Directors only. Said motion shall receive an affirmative vote of a majority of the
Directors for adoption.
Section 2: Procedure for Consideration of Demands for Corrective Action.
A. Requirement of Written Demand. Prior to any person commencing ajudicial
action for injunction or mandamus to declare any action taken by the Board void because
of failure to observe Brown Act requirements, such person must first serve upon the Clerk
of the Board a written demand describing the alleged violation and demanding corrective
action. Such demand must be served upon the Clerk of the Board within thirty (30) days
of the complained of action. Failure to serve any such demand within this thirty (30) day
period shall result in the loss of any right to challenge any action to have been taken in
violation of Sections 54953, 54954.2 or 54956 of the California Government Code.
B. Consideration of Corrective Action. Upon receipt of such a demand,
consideration of the demand shall immediately be placed on the Agenda for the next
meeting of the Board of Directors. If the demand is received less than seventy-two (72)
hours prior to the time set for the next meeting, the Board may determine that the notice
constitutes the initiation of litigation, and that the need to take action on the threatened
litigation arose subsequent to the posting of the Agenda, and may consider it at that
meeting pursuant to Section 1(J) above. A description of any item so placed on the
Agenda shall include both consideration of the demand, and the possibility of corrective
action, by the Board.
In considering such demands, the Board shall first determine, by motion,
whether corrective action should be taken. If no motion to take corrective action is carried,
the Clerk of the Board shall inform the demanding party in writing of the Board's decision
not to cure or correct the challenged action.
C. Implementing Corrective Action. If a motion to take corrective action
passes, the Chairperson may entertain a motion implementing corrective action. Any
motion implementing corrective action shall address the concerns raised in the
consideration of corrective action. The motion implementing corrective action may
include a motion to rescind prior action taken, as appropriate. Passage of a motion to
rescind invalidates prior action only as of the time of the passage of the motion, and not
from the date of the initial action. A motion implementing corrective action resulting from
OCSD 17-1808-11
a written demand is out-of-order if the action complained of(a)was in connection with the
sale or issuance of notes, bonds, or other evidences of indebtedness, or any contract,
agreement, or incident thereto; or (b) gave rise to a contractual obligation upon which a
party has, in good faith, detrimentally relied. In any event, the Board shall notify the party
making the demand in writing of its decision to take corrective action, and shall describe
any corrective action taken. This notice shall be given to the demanding party as soon
as possible after the meeting, but in no event more than thirty (30) days after receipt of
the demand.
Section 3: Resolution No. OCSD 15 2717=08 is hereby repealed.
Section 4: This Resolution shall become effective immediately.
PASSED AND ADOPTED at a regular meeting of the Board of Directors held
May-24December 20, 2017.
Gregory C. Sebourn PLS
Board Chairman
ATTEST:
Kelly A. Lore
Clerk of the Board
APPROVED AS TO FORM:
Bradley R. Hogin
General Counsel
OCSD 17-1808-12
STATE OF CALIFORNIA )
ss
COUNTY OF ORANGE )
I, Kelly A. Lore, Clerk of the Board of Directors of the Orange County Sanitation District,
do hereby certify that the foregoing Resolution No. OCSD 17-08-18 was passed and
adopted at a regular meeting of said Board on the 24-20th day of May-December 2017,
by the following vote, to wit:
AYES: Barnes; Bernste n; rnuacott; Delgle z ; Hawkins; h.. es; vim;
DnnHn.; Sebo ; Shaw; Chnwye ; F. Cm'th� T. Smith. Sleek
Wagner; Wanke; Withers; and Yarc;
NOES: Neae
ABSTENTIONS: Neae
ABSENT: Deat^^-and-T^ajere
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
Orange County Sanitation District this 24th 20th day of MayDecember, 2017.
Kelly A. Lore
Clerk of the Board of Directors
Orange County Sanitation District
OCSD 17-1808-13
TABLE 1
BOARD PROCEDURES AND ORGANIZATION
SUMMARY OF MOTIONS
A. PRIVILEGED MOTIONS
Kind of Second Vote
Motion Required Debatable Amendable Required Purpose
Adjourn Yes No No Majority To end the
meeting
To Take a Yes No No Majority To interrupt a
Recess meeting for a
short time or to
provide an
intermission
Raise a No No No None To obtain action
Question of immediately in an
Privilege emergency
B. MAIN MOTION AND RELATED
SUBSIDIARY MOTIONS
Kind of Second Vote
Motion Required Debatable Amendable Required Purpose
Main Yes Yes Yes Majority To introduce new
Motion business
Amend Yes Yes Yes Majority To modify or alter a
Main motion
Motion
Substitute Yes Yes Yes Majority To replace the main
Motion motion entirely
OCSD 17-1808-14
Previous Yes No No Majority To close debate on
Question the main or
amended motion
immediately
Continue to Yes Yes Yes Majority To defer action
a Certain
Time
To Table Yes No No Majority To discontinue
consideration until
brought back by vote
of the Board
Take a Yes No No Majority To bring before the
Motion group a motion
from the previously tabled
Table
Limit or Yes No Yes Majority To limit or extend
Extend limits of debate
Limits of
Debate
Refer to a Yes Yes Yes Majority To place business in
Committee hands of a
Committee
Withdraw a No No No None To withdraw a
Motion motion before it is
voted on
Reconsider Yes Yes No Majority To secure a new
must be vote on a motion
by a previously voted
Director upon
who voted
for the
prevailing
side on
the
original
motion
OCSD 17-1808-15
C. INCIDENTAL RULES
NON-RANKING
Kind of Second Vote
Motion Required Debatable Amendable Required Purpose
Request to Yes No No Two- To facilitate business
Suspend Thirds ordinarily contrary to
the Rules the rules of the
organization
Override Yes No No Majority To have Board
Order of majority rule on the
the Chair order
Point of No No No None To enforce the rules
Order of the organization
OCSD 17-1808-16
STEERING COMMITTEE Meeting Date TOBd.Of Dir.
z20117 iz/zo1v
AGENDA REPORT emNumber Item Number
3
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Rob Thompson, Director of Engineering
SUBJECT: DISTRICT 6 TRUNK SEWER RELIEF, PROJECT NO. 6-17
GENERAL MANAGER'S RECOMMENDATION
Approve a contingency increase of $369,930 (10%) to the construction contract with
Charles King Co., Inc. for District 6 Trunk Sewer Relief, Project No. 6-17, for a total
contingency of$739,860 (20%).
BACKGROUND
The purpose of this project is to increase the wet weather capacity of the District 6 Trunk,
extend the life of the sewer by 30 years, and to provide safe access to the manholes. The
District 6 Trunk Sewer was built by the Orange County Sanitation District (Sanitation
District) in the early 1950s and serves the cities of Costa Mesa and Newport Beach. The
existing 3,700-foot long sewer ranges from 12 to 18 inches in diameter and extends along
Pomona Avenue in Costa Mesa, and along Newport Boulevard to Pacific Coast Highway
in Newport Beach. Four manhole stretches within this sewer reach require up-sizing to
reduce the risk of wet weather sewer spills. The selected technique used is called pipe
bursting, which uses a hydraulic bursting hammer that expands the existing sewer pipe
and pulls a new pipe behind it. The benefit of pipe bursting is that it minimizes open-cut
excavations.
The construction for this project is 30% complete. During the first pipe bursting attempt,
the bursting hammer stopped 70 feet short of its destination and required rescue via an
excavated pit. Within this pit, it was discovered that the existing pipe was surrounded on
the top and sides by 2-inch thick redwood boards. These boards were confined by the
outside soil and did not allow the bursting hammer to expand the pipe and soil around it,
and it could not pass.
RELEVANT STANDARDS
• Meet or exceed sanitary sewer overflow regulations
• Ensure the public's money is wisely spent
PROBLEM
Change orders and construction delays have resulted in cost impacts to the project. The
recent pipe bursting failure is estimated to use at least 50%of the authorized contingency.
There are two pipe bursting sections remaining. If further pipe bursting failures occur, the
Page 1 of 3
approved construction contract contingency might not be sufficient for construction
completion, resulting in further potential delay.
PROPOSED SOLUTION
The Contractor, the Sanitation District, and the Design Engineer of record are
cooperatively working to identify other areas where a pipe bursting failure might occur so
future cost impacts can be mitigated. Staff requests an increase in the construction
contract contingency of $369,930 (10%) from $369,930 (10%) for a total contingency of
$739,860 (20%). The project budget is sufficient for this change and no additional funding
is needed.
TIMING CONCERNS
The contingency increase will allow any required changes to be addressed without
causing additional project delays.
RAMIFICATIONS OF NOT TAKING ACTION
If the construction contract contingency is insufficient to cover the costs for potential
unknown conditions, critical path change order work would be delayed further and
completion of the project in a timely fashion would not be possible.
PRIOR COMMITTEE/BOARD ACTIONS
September 2016 -Awarded a Construction Contract to Charles King Co., Inc. for District
6 Trunk Sewer Relief, Project No. 6-17, for a total amount not to exceed $3,699,301 and
approve a contingency of$369,930 (10%).
ADDITIONAL INFORMATION
N/A
CEQA
The Sanitation District, as lead agency, prepared a Program Environmental Impact
Report (PEIR) entitled Collection System Improvement Plan. The Board certified the
PEIR on August 22, 2007 and the Sanitation District filed a Notice of Determination on
August 23, 2007. The Sanitation District has determined that the project is within the
scope of the PEIR.
FINANCIAL CONSIDERATIONS
This request complies with authority levels of the Sanitation DistricPs Purchasing
Ordinance. This item has been budgeted (Budget FY2016-17&2017-18, Section 8, Page
32) and the budget is sufficient for the recommended action.
Page 2 d 3
Date of Approval Contract Amount Contingency
09/28/2016 $3,699,301 $369,930 (10%)
12/20/2017 $369,930 (10%)
$739,860 (20%)
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (www.Ocsd.com) with the
complete agenda package.:
N/A
AN:dm:gc
Page 3 of 3
STEERING COMMITTEE Meeting Date TOBd.Ot Dir.
iz 20117 iz/zo1v
AGENDA REPORT IWmNumber Item Number
a
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Lorenzo Tyner, Director of Finance and Administrative Services
SUBJECT: DEFERRED PAYMENT AGREEMENT REQUEST FOR CHARGES AND
FEES OWED BY ONE INDUSTRIAL WASTEWATER DISCHARGE
PERMITTEE
GENERAL MANAGER'S RECOMMENDATION
Deny the request for a 3'd deferred payment agreement for charges and fees owed for
sanitary sewer service charges from Aseptic Technology, LLC.
BACKGROUND
Aseptic Technology, LLC (Aseptic Technology) is the holder of an industrial wastewater
discharge permit issued by the Orange County Sanitation District (Sanitation District)that
requires payment of sanitary sewer service charges for the cost of conveying, treating,
and disposing of wastewater discharged. Based on the terms of the permit, the permittee
is required to pay estimated, quarterly sewer service charges that are reconciled annually
with actual discharge flows and strength. The permittee currently owes $252,315.72 that
comprises the 2016-17 Annual Reconciliation Invoice, the 2016-17 Supplemental Capital
Facilities Capacity Charge Invoice, and the 2017-18 First Quarter Invoice. The 2017-18
Second Quarter Invoice in the amount of $112,091.76 will be issued on December 31,
2017 and the 2017-18 Third Quarter Invoice in the amount of$112,091.76 will be issued
on March 31, 2018. If all past due amounts remain unpaid, the total monies due through
March 31, 2018 will accumulate to $476,499.24.
Aseptic Technology was first issued a permit in November 2014. They paid their first two
quarterly invoices for March and June of 2015. However, subsequently they were
delinquent on their: (1) FY 2014-15 annual reconciliation invoice; (2) FY 2014-15
supplemental capital facilities capacity charge; and (3) FY 2015-16 first and second
quarterly invoices.
In 2016, The Board of Directors approved a 12-month payment agreement for Aseptic
Technology that Aseptic Technology made timely payments against and paid off as of
January 2017. However, Aseptic Technology failed to make payments against their
current quarterly invoices for services rendered after January 2016, thus necessitating the
second payment agreement request in July 2017. The second payment agreement
required Aseptic Technology to remit timely payments against new obligations occurring
during the term of the agreement.
Page 1 d 3
In July 2017, the Board of Directors approved the second payment agreement for six (6)
months of which Aseptic Technology currently has one payment remaining. This payment
agreement requires that the account balance be paid in full by December 31,2017 to allow
their industrial discharge permit to be renewed on January 1, 2018.
Although they made their past obligations, in accordance with this payment agreement,
they failed to make the payments against their current quarterly invoices for services
rendered after January 2016,which was in violation of the agreement. Aseptic Technology
has not been current with their Sanitation District obligations since January 2016 when
they requested and received a second deferred payment in agreement in July 2017 (for
six months). Following the first six months, after they were first issued their permit in
November 2014., Aseptic Technology has never been current with their outstanding
obligations
Aseptic Technology has requested an administrative extension on their industrial
discharge permit through March 31, 2018 along with a deferred payment agreement
through March 31, 2018 to pay the charges that will accumulate to a total of$476,499.24.
The request is to make three payments of $158,833.08 by January 8' , by February 27tn
and March 31e'. At that time, the account balance would be paid in full and the permit
could be renewed.
RELEVANT STANDARDS
Resolution No. OCSD 11-04
PROBLEM
Aseptic Technology currently owes the Sanitation District $252,315.72 on their account
that, if unpaid, will accumulate to $476,499.24 through March 31, 2018.
PROPOSED SOLUTION
Deny Aseptic Technology's request for a new deferred payment agreement and enforce
the existing deferred payment agreement which states that the account balance must be
current by December 31, 2017, or their permit will not be renewed.
TIMING CONCERNS
Aseptic Technology's industrial discharge permit expires December 31, 2017.
RAMIFICATIONS OF NOT TAKING ACTION
Aseptic Technology's industrial discharge permit expires December and will only be
renewed if the account balance is zero.
Page 2 af3
PRIOR COMMITTEE/BOARD ACTIONS
July 2017- Board of Directors approved 6-month Deferred Payment Agreement with
Aseptic Technology for outstanding invoices totaling $451,161.54.
January 2016 — Board of Directors approved Deferred Payment Agreement with Aseptic
Technology for prior outstanding invoices.
ATTACHMENT
The following attachments)are included in hard copy and may also be viewed on-line at the OCSD website
(wwwocsd.com) with the complete agenda package:
• July 2017 Deferred Payment Agreement—Aseptic Technology, LLC
• November 28, 2017 Letter received from Aseptic Technology, LLC
Page 3 d 3
A
DEFERRED PAYMENT AGREEMENT 0R/GjNq�
THIS AGREEMENT, is entered into, to be effective July 26, 2017, by and
between Orange County Sanitation District ("District"), a county sanitation district duly
organized and existing pursuant to Section 4700 at. seq. of the Health & Safety Code of
the State of California and Aseptic Technology, LLC ("Permitee").
RECITALS
A. District is a wastewater treatment agency which awns and operates
wastewater treatment facilities which receive, treat and discharge, through an ocean
outfall, wastewater received from dischargers within its jurisdictional boundaries. In the
course of its wastewater treatment operations, and pursuant to Ordinance No. OCSD-
48 Wastewater Discharge Regulations ("District's Ordinance"), District issues industrial
wastewater discharge permits to certain persons/entities which discharge wastewater
into the District's sewerage system.
B. As part of the District's wastewater treatment operations, District imposes
user fees on permittees, requiring such permittees to pay their share of the District's
costs of conveying, treating and disposing of wastewater discharged by such
permittees.
C. Permittee is the holder of an industrial wastewater discharge permit issued
by District and is responsible for paying user fees for the cost of conveying, treating and
disposing of wastewater discharged from Permittee's facility located at 24855 Corbit
Place, Yorba Linda, California.
D. District has issued to Permittee Invoice Nos. 52996, 909924, 910080,
530302, 530620, 53274, 53273, 53272, 530942, 53796 and 53875 in the amount of
$451,161.54 for user fees and penalties then due and owing to the District.
E. Permitee has failed to pay the presently owing sum of$451,161.54 and
has requested additional time to pay this outstanding obligation.
F. Pursuant to Resolution 11-04, District is authorized to enter into deferred
1
payment agreements for limited sums and of limited duration, pursuant to approval by
the District's Board of Directors.
G. The District intends to provide additional time for Permitee to pay to
District the amounts presently due on Invoice Nos. 52996, 909924, 910080, 530302,
530620, 53274, 53273, 53272, 530942, 53796 and 53875 in accordance with the
requirements of District Resolution 11-04.
NOW, THEREFORE, in consideration of the facts recited above and the
conditions, covenants and promises set forth below, District and Aseptic Technology
LLC agree as follows:
AGREEMENT
1. Permittee shall make payments (including principal and interest)to the
District, pursuant to the following payment schedule:
Admin
Installment Due Date Principal Interest Charaes Total Date
1 8/15/2017 $74 259.14 $2 255.81 $25.00 $76 539.95
2" 8/15/2017 $74 830.43 $1 884.52 $25.00 $76 539.95
3 9/15/2017 $75 003.59 $1 511.36 $25.00 $76 539.95
4 10115/2017 $75 378.61 $1136.34 $25.00 $76 539.95
5 11/15/2017 $75 755.50 $759.45 $25.00 $76 539.95
6 12/15/2017 $76,134.28 $380.67 $25.00 $76,539.95
Following approval by the Board of Directors, the first and second installment
payments will be due on August 15, 2017. Permittee acknowledges Permitee will be
required to submit a total payment of$153,079.90 on or before August 15, 2017.
2. Permittee shall pay to District all other invoices issued by the District
during the term of this Agreement in accordance with the provisions of District's
Ordinance.
3. If any payment described in Paragraph 1 herein is not received by the
District on or before the due date specified, or if any payment described in Paragraph 2
2
herein is not received by District in accordance with the provisions of District's
Ordinance, the entire balance then owing shall become immediately due and payable
and interest at the rate of ten percent (10%) per annum shall accrue on any such unpaid
balance from the date of acceleration until the date that the balance due is fully paid to
the District.
4. Permitee acknowledges that the failure to pay current invoices, or failure
to pay any installment in accordance with the schedule set forth in Paragraph 1 herein,
may be grounds for suspension of any industrial wastewater discharge permit issued to
Permitee by District, and shall additionally be deemed a breach of this Agreement,
thereby giving rise to all legal remedies available to District. Permitee agrees that by
executing this Settlement Agreement, Permitee waives the right to an administrative
hearing for non-payment of invoices or any other means to challenge the amount owed,
and further agrees that failure to pay District in accordance with the terms of this
Agreement will result in immediate permit suspension until such time as the all
outstanding amounts owed are current.
5. In consideration of the foregoing, District agrees to refrain from instituting
collection or permit suspension or revocation proceedings, which remedies are
presently available to the District as a result of Permitee's current failure to pay Invoice
Nos. 52996, 909924, 910080, 530302, 530620, 53274, 53273, 53272, 530942, 53796
and 53875. This provision to refrain from instituting such proceedings shall be effective
with regard only to Invoice Nos. 52996, 909924, 910080, 530302, 530620, 53274,
53273, 53272, 530942, 53796, and 53875 only for so long as Permitee remains in
compliance with the terms of this Agreement.
6. Should any litigation be commenced between the District and
Permitee regarding enforcement of this Agreement, or the rights and any duties of the
parties in relation thereto, the prevailing party in such litigation shall be entitled, in
addition to such other relief as may be granted, to a reasonable sum as and for its
3
attorney fees and costs in the litigation which shall be determined by the court in such
litigation or in a separate action brought for that purpose.
7. Nothing in this Agreement shall affect Permitee's obligation to pay current
and/or future charges for use of District's sewerage system or Permitee's obligation to
comply with all other conditions and requirements of its industrial wastewater discharge
permit and the District's Ordinance.
8. Nothing herein shall affect the District's right to enforce all requirements
and conditions of the District's Ordinance.
9. This Agreement is made only for the benefit of the parties hereto. It is not
intended that any right under this Agreement shall accrue to any third person.
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement
as of the day and year first written above.
Orange County Sanitation District
BY:
Wgorylt. Abourn, PLS
Board Chair
*Clek
Aseptic Technology LLC
BY:
low Co
Board Alee46epne
�OSek+..rr C4-l�
4
Aseptic Technology
November 28, 2017
Angela Brandt
OCSD
10844 Ellis Avenue
Fountain Valley, CA 92708
RE: Aseptic Technology, LLC
Dear Ms. Brandt:
I am writing to you on behalf of Aseptic Technology, LLC in reference to the Deferred Payment
Agreement entered into on July 26, 2017. As you know,the Agreement required Aseptic to make
six payments of$76,539.95 between August 15,2017 and December 15, 2017. To date,the first
five of the payments have been made and the sixth and final payment will be paid in a timely
manner within the next two weeks.
The purpose of this letter is to request another payment plan to allow Aseptic to catch up on its
current invoices which I believe total approximately$252,000.00. My client and I are aware that
this request is extraordinary in nature,as this will be the third such request. I have been working
with Aseptic Technology since mid-2014 and have assisted in resolving several unfortunate
financial situations that have plagued the organization. I have known Mr. Cua for over 20 years
and in all that time he has never backed away from an obligation. Unfortunately the past 24
months have proven to be more challenging than anyone could imagine.
The silver lining in this situation is that Aseptic Technology has plenty of customers and the
business model is sound. Revenue has Increased from $12M in 2016 to$14.5M in 2017 and
forecast for 2018 is estimated at$17M. Three of our largest existing customers have entered into
multi-year contracts extending to 2020. All of the financial difficulties experienced are a result of a
few unexpected equipment breakdowns, and some untimely and meritless legal disputes. While it
is hard to imagine at the present time,the future of Aseptic Technology looks bright once the last
few challenges are resolved.
24855 Corbit Place . Yorba Linda , CA . 92887
P: (714) 694-0168 . F: (714) 694-0179
In addition to the boiler issue and the January 2017 lawsuit resolution which led to the current
payment plan being required,Aseptic has been brought Into two additional lawsuits, both of
which are scheduled to commence trial in 2018. In previous matters I have been successful in
representing the company at minimal expense. However,the two new actions are outside of my
area of practice with one being filed in Federal Court and the other being commenced in Colorado.
This has caused the company to incur legal fees and expenses it otherwise could have avoided by
my representation of the company. The out of pocket legal expenses for 2017 amount to
$599,215.67 to date. [See attached spreadsheet]
The most troubling of the two currently pending lawsuits involves one of Aseptic's former major
customers White Wave Foods. Since approximately 2014,Aseptic had been manufacturing several
almond milk based products for WWF and had entered into a multi-year contract to produce their
products through 2017. In June 2016 WWF offered Aseptic a contract extension along with
promises of additional business beyond Aseptic's current capacity. Relying upon the additional
volume of products to be produced for WWF,Aseptic ordered additional equipment(totaling
approximately$15M) and began construction of a second manufacturing facility located in
Anaheim, California. In October 2016,WWF decided their product was not profitable and abruptly
cancelled all of its orders and refused to extend the contract. These actions by WWF not only
caused loss of Immediate business revenue, but also caused a significant delay in completion of
the Anaheim facility that was estimated to be completed by April 2017. Since May of this year,
Aseptic has incurred direct out of pocket expenses of$620,076.68 relating to delay in completing
the Anaheim facility, plus the loss of business revenue that was anticipated from the Anaheim
production facility.
While Aseptic may have been able to absorb one of the significant events and still generate
sufficient cash flow to meet Its financial obligations,the combination of the above events has
made it Impossible to keep current on all of its payable obligations. Notwithstanding these
setbacks,Aseptic is still optimistic it will be able to fulfill its obligations and meet the terms of a
payment plan as it has previously done. Aseptic and Mr. Cua have taken significant steps to cut
expenses beginning 2018 including divestiture of all interest in the Anaheim facility thereby
concentrating all efforts in keeping the Yorba Linda plant profitable. Aseptic has absorbed the loss
of WWF business, as well as the aforementioned legal expenses and those associated with the
Anaheim facility. In addition, Mr. Cua has personally taken out mortgages on his home to help
with cash flow evidencing his personal commitment to the Company's recovery efforts.
Mr. Cua and I are willing to meet with representatives of the District and provide any additional
documentation that may be requested to consider our request. The past year has been a struggle
and it is not our desire to utilize the District as our personal bank. The sole intention of our
request for another payment plan is to keep the company operational while we work through the
remaining obstacles. While we were able to meet the terms of the payment plan for past due
amounts, we acknowledge we fell short with respect to current charges. We need our discharge
24855 Corbit Place . Yorba Linda . CA . 92887
P: (714) 694-0168 . F: (714) 694-0179
permit to remain in effect next year and have done everything we could think of to keep the
business operating.
It is our hope that the District can make an extraordinary exception to its policy and grant us this
additional request. We area small company, but to the 60 employees that are employed by
Aseptic and their families, a shutdown of the business would be a life-changing event. I sincerely
hope those in the decision making role can see their way clear to assisting our company through
this predicament. The management of Aseptic is committed to seeing the company continue and
succeed and will cooperate in any way possible.
Sincere ,
o J. Dan o
General Counsel
24855 Corbit Place Yorba Linda . CA . 92887
P: (714) 694-0168 . F: (714) 694-0179
2:37 PN Aseptic Technology LLC
11WMT Account QulckReport
Acu1rN Baste January 1 through November 27.2017
TyPe Dale Num Name YkN1p At11eHg
Legal lgrn..a
Check O110W2017 USA Robert J Danko 3.076.92
Check 0111=017 11017D3 Craig's Courthouse Cale Wanu Case 20.63
Check 01/11/2017 11117M OC Parking Civic Center Wanu 20.00
Check 011192017 11917W Craig's Courthouse Cale 32.36
Check 01=017 2803 Robert J Danko 3.076.92
Check 01202017 12017M OC Parking Civic Center 20.00
Check 0124/2017 12417N Craig's Courthouse Cale 29.11
Check 01252017 1251702 OC Parking Civic Center 16.50
Check 012b/2017 12517N Central Justice Center 394.63
Check 01252017 12517M Craig's Courthouse Cale 10.59
Check 0121I 1251707 Craig's Courthouse Cab 11.28
Check 01QBQ017 12617N OC Parking CNic Center 20.00
Check 01282017 12617M Central Justice Center 269.63
Check 01262017 1261709 Craig's CouMOuw Cale 25.67
Check 01272017 12717N OC Parking CNic Center 20.00
Check 0151a017 1311701 Central Justice Canter 222.51)
Check 01I312017 13117D2 Craig's CouMwse Cale 22.14
Check 02/012017 M117N OC Parking Civic Center 20.00
Check O2 017 W21702 Central Justice Caner 251189
Check 02N32017 2845 Robsrt J Danko 3,076.92
Check 02Po 017 2846 Robert J Danko 189.42
Check 02J0312017 W317W OC Parking CNic Center 12W
Check 021072017 2859 Robert J Danko 1,15 00
Check 02W74!017 Xlr1701 Central Justice Center 2W.89
Check O2J0812017 208/701 OC Parking Civic Center 20.00
Check 02/OBQ017 W817M Central Justice Center 501.78
Check 02N92017 M1703 OC Parking Civic Center 10.50
Check 02/OB2017 2091704 Central Justice Center 626.78
Check DVIOQO17 M91708 OC Parking CNic Center im
Check OV1712017 2892 Robert J Danko 3,076.92
Check O2 QO17 2897 Robert J Danko 1,154.00
Check 03/0212017 2816 %%can J Danko 3,076.92
Check 03/02Q017 2917 Robert J Danko 1,154.00
Check OW1612017 2974 Robert J Danko 4,230.77
Check 03282017 3021 Lew Cllces of Kateb A.Honey,P.C. Legal Expense 5,0DO.00
Check 03/W12017 3D28 RObart J Danko 4,230.77
Check 03/3012017 W29 Robert J Danko 239.65
Check mmt2o/7 W72 Robert J Danko 4,230.77
Check 042812017 3111 Patricia S BNlac Law Fkm,LLC 5,000.00
Check 04282017 3115 Robert J Danko 4,230.77
Gerwral Journal 05/012017 804 Wanu Water,Inc. Wanu Legal Caw 400,000.00
Check 05 62017 3159 Patricia S Be lac Law Flom,LLC 5,000.00
Check OS/122017 3177 Robert J Danko 4,230.77
Check 05282017 3226 Robert J Danko 2,3D7.69
Check 06/09/2017 3284 Robert J Danko 2,3D7.69
Check MIW017 mm Robert R.ReaMt S Co. 5.284.50
Cheek OB/162017 3288 Law Offices of Kelab A.Honey,P.C. 7.500.00
Check 08120/2017 M98 Patricia S Bali Law Finn,LLC 5,OW.W
Check 0823Q017 3314 Robert J Danko 2,307.69
Check 07M7Q017 11W0 Robert J Danko 2,307.69
Check 07/072017 WIN Patriote S BNlac Law Finn,LLC 5,000.00
Check 07/12Q017 7121701 OC Parking CNic Center 4118 8.01)
Check 07212017 3392 Robert J Danko 2.307.69
Check 07Q12017 3387 Law Offices of"lab A.Honey,P.C. 7,SW.W
Check 08/01Q017 M20 Patricia S BNlac Law Firm,LLC 5,OW.W
Check OSAMP2017 3428 Robert J Danko 2,307.69
Check OB/16QO17 M72 JAMS,Inc 2,10000
Check OWIW017 M81 Roben J Danko 2,307.69
Check 09/012017 3618 Robert J Danko 2,307.69
Check M112017 3522 Patricia S Bellac Law Firm,LLC 8,500.00
Check W15/2017 3564 Robert J Danko 2,307.69
Check OW15QO17 3W6 JAMS,Inc Invatce DOD4118636-200 300.00
Check N/15Q017 3567 Patrick,S Seltec Lew Firm,LLC 14.765.00
Check O9/18Q017 9181701 Lwslo 8 Associates LLD-COLTAF W W F 10.000.00
Check 09Q1/2017 3683 Paul Hachigian 1.401.00
Page t
2:37 M Aseptic Technology LLC
1127n7 Account QulckReport
Aee11W 9rh January 1 through November 27,2017
TT9a Deb Num Name Nano Amount
Check 09WI2047 3593 Ruben J Danko 2,307.59
Check 1&1312017 3555 Robed J Danko 2,207.59
Check 10/1512017 3551 Lew Omcee of Raab A.Honey,PC 13.276.11
Check 102712017 3710 Robes J Danko 2.307.69
Check 11/102017 3751 Robed J Danko 2,307.59
&II 11/1&A 17 1224217 Robed R.ReEwih A Co. 13,000.00
Check 11222017 11221702 Laszlo A Aeeodetes LLC-COLTAF W WF 10,000.00
Check 11242017 3792 Robes J Danko 2,307.69
Total Legal Expenses 599.215.67
TOTAL NUILU
pgp2
2:01 PM Aseptic Technology LLC
11mR0v Account QuickReport
M.1 eleb All Transactions
TYq D. Num Name l4mp NOxM
Lwn MceNYW N
C5MM017 3131 Mxnubc NO.
Pormr9a�ltl Pro CNL Hem&ant MnWY PaN I8.68341
CO.MNi OMMD17 11i2 Nueem PuxYC UIYY'e¢ Al21 72S.71
LMM O5gyR01] 11100 Rep..h Al . fgxgnmll payment IO.$13.23
CMrY 0542wo1] W61]U] T Wx¢onrvneh T nAN FCdll Man 51323
Bi OUt3R01) 3005P110 Toyab CommNWl Finns Tw Am F.M1 h*Peymenl iW61
Bi OMIR01) IWIB.19B1] Ta Ia CornmatiN F'aunm Toypb FMM MmNN Pgmonl 1.20,28
BE 08/31R01T Use86BB0] Tayob CanmNWlFYunce Teyde Ei,O,n ft mr,mnnnn 1.416.]B
CO. Ofi l01] W71 CrOleDI.Ca F1n00]EyyB pgm 1. 8A18.W
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Chid 0MIND17 3213 CmsneM ImbmNMG312 SJ.15205
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Chid 110)R01) 11O Dwred M AnmlEmaNi Epupmen Pm CN 8188786
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Ppe 101
•T WOODRUFF,.spRADLIN&SMART
555 ANTON BOULEVARD, BUTTE 1200
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: December 13,2017
RE: Closed Session Items
The Steering Committee desires to hold a closed session on December 20, 2017 for the
purpose of conferring with its legal counsel regarding existing litigation to which the District is a
parry. The title of the case is Kiean Waters, Inc. v. Orange County Sanitation District, United
States District Court, Central District of California, Southern Division, Case No. 8:15-cv-00627.
The closed session will be held pursuant to the authority of California Government Code Section
54956.9(d)(1).
Respectfully submitted,
By
Bradle . Hogin, Qeneral Counsel
1284867.1
•T WOODRUFF,.spRADLIN65MART
555 ANTON BOULEVARD, BUTTE 1200
C09TA MAsA, 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: December 13,2017
RE: Closed Session Items
The Steering Committee desires to hold a closed session on December 20, 2017 for the
purpose of conferring with its legal counsel regarding existing litigation to which the District is a
parry. The title of the case is Kiean Waters, Inc. v. Orange County Sanitation District, United
States District Court, Central District of California, Southern Division, Case No. 8:15-cv-01498.
The closed session will be held pursuant to the authority of California Government Code Section
54956.9(d)(1).
Respectfully submitted,
By
Bradle . Hogin, Qeneral Counsel
1284865.1
•T WOODRUFF,.spRADLIN65MART
555 ANTON BOULEVARD, BUTTE 1200
C09TA MAsA, 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: December 13,2017
RE: Closed Session Items
The Steering Committee desires to hold a closed session on December 20, 2017 for the
purpose of conferring with its legal counsel regarding existing litigation to which the District is a
parry. The title of the case is Wesley Bauer v. Orange County Sanitation District, Orange
County Superior Court, Central Justice Center, Court Case No. 30-2017-00956252. The closed
session will be held pursuant to the authority of California Government Code Section
54956.9(d)(1).
Respectfully submitted,
By &-�' e&
Bradley R.Hogin, general Counsel
1284870.1
•T WOODRUFF,.spRADLIN&SMART
555 ANTON BOULEVARD, BUTTE 1200
C09TA MAsA, 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: December 13,2017
RE: Closed Session Items
The Steering Committee desires to hold a closed session on December 20, 2017 for the
purpose of conferring with its legal counsel regarding existing litigation to which the District is a
parry. The title of the case is APP Winddown, LLC et al. v. Orange County Sanitation District,
United States Bankruptcy Court District of Delaware, Case No. 16-12551, Adversary No. 17-
51609. The closed session will be held pursuant to the authority of California Government Code
Section 54956.9(d)(1).
Respectfully submitted,
By /1
4-
Bradlo R. Hogin, eneral Counsel
)zs48e .)
WOODRUFF JN SPRADI &SMART
♦ A P . . . . , . .
555 ANTON BOULEVARD, SUITE 1200
COSTA MESA, 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: December 13,2017
RE: Closed Session Items
The Steering Committee will hold a closed session on December 20,2017 for the purpose
of conferring with its negotiators regarding the purchase of real property. The negotiating parties
and properties are as follows: K&A Investments LP,APN Nos. 156-154-08 & 156-163-17;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. The District's negotiators are Jim Herberg, Bob Ghirelli, Lorenzo Tyner,
Rob Thompson, Kathy Millea 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 4J
BradleY R. Hogin, Vieneral Counsel
1284881.1
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.