HomeMy WebLinkAbout12-18-2019 Steering Committee Meeting Complete Agenda PacketDecember 12, 2019
NOTICE OF MEETING
STEERING COMMITTEE
ORANGE COUNTY SANITATION DISTRICT
REGULAR MEETING – 5:00 P.M.
Wednesday, December 18, 2019
Administration Building
10844 Ellis Avenue
Fountain Valley, California 92708
The Regular Meeting of the Steering Committee of the Orange County
Sanitation District will be held at the above location, date, and time.
STEERING COMMITTEE AND BOARD MEETING DATES
January 22, 2020
February 26, 2020
March 25, 2020
April 22, 2020
May 27, 2020
June 24, 2020
July 22, 2020
August 26, 2020
September 23, 2020
October 28, 2020
November 18, 2020 *
December 16, 2020 *
* Meeting will be held on the third Wednesday of the month
STEERING COMMITTEE
(1) Roll Call:
Meeting Date: December 18, 2019 Meeting Time: 5:00 p.m. Committee Members David Shawver, Board Chair…………………………………………… ____ John Withers, Board Vice-Chair……………………………………….. ____ Robert Collacott, Operations Committee Chair……………………… ____ Peter Kim, LaPA Committee Chair……………………………………… ____ Chad Wanke, Administration Committee Chair……………………… ____ Glenn Parker, Member-At-Large…………………………………..…… ____ Tim Shaw, Member-At-Large…………………………………………… ____
Others Brad Hogin, General Counsel………………………………………... ____
Staff
Jim Herberg, General Manager……………………………………… ____ Rob Thompson, Assistant General Manager………………………. ____ Lorenzo Tyner, Assistant General Manager………………………... ____ Celia Chandler, Director of Human Resources………..…………… ____ Kathy Millea, Director of Engineering………..……………………… ____ Lan Wiborg, Director of Environmental Services………..…….…… ____ Kelly Lore, Clerk of the Board…………...…………………………… ____ Other Staff Present
ORANGE COUNTY SANITATION DISTRICT Effective 05/22/2019 BOARD OF DIRECTORS
Complete Roster
AGENCY/CITIES
ACTIVE DIRECTOR
ALTERNATE
DIRECTOR
Anaheim
Lucille Kring
Denise Barnes
Brea Glenn Parker Steven Vargas
Buena Park Fred Smith Sunny Park Cypress Mariellen Yarc Stacy Berry
Fountain Valley Steve Nagel Patrick Harper
Fullerton Jesus J. Silva Jan Flory
Garden Grove Steve Jones John O’Neill Huntington Beach Erik Peterson Mike Posey
Irvine Christina Shea
Anthony Kuo
La Habra Tim Shaw Tom Beamish
La Palma Peter Kim Marshall Goodman
Los Alamitos Richard Murphy Dean Grose Newport Beach Brad Avery Joy Brenner
Orange Mark Murphy Kim Nichols
Placentia Chad Wanke Ward Smith
Santa Ana Cecilia Iglesias David Penaloza Seal Beach Sandra Massa-Lavitt
Schelly Sustarsic
Stanton David Shawver Carol Warren Tustin Allan Bernstein Chuck Puckett
Villa Park Robert Collacott Chad Zimmerman
Sanitary/Water Districts
Costa Mesa Sanitary District
James M. Ferryman
Bob Ooten Midway City Sanitary District Andrew Nguyen
Al Krippner Irvine Ranch Water District John Withers
Douglas Reinhart
Yorba Linda Water District Phil Hawkins Brooke Jones
County Areas
Board of Supervisors Doug Chaffee Michelle Steel
Orange County Sanitation District
STEERING COMMITTEE
Regular Meeting Agenda
Wednesday, December 18, 2019 - 5:00 PM
Conference Room A
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
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 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.
MEETING AUDIO: An audio recording of this meeting is available within 24 hours after adjournment of the
meeting. Please contact the Clerk of the Board's office at (714) 593-7433 to request the audio file.
NOTICE TO DIRECTORS: To place items on the agenda for a Committee or Board Meeting, the item must be
submitted in writing to the Clerk of the Board: Kelly A. Lore, MMC, (714) 593-7433 / klore@ocsd.com at least 14
days before the meeting.
FOR ANY QUESTIONS ON THE AGENDA, BOARD MEMBERS MAY CONTACT STAFF AT:
General Manager: Jim Herberg, jherberg@ocsd.com / (714) 593-7300
Asst. General Manager: Lorenzo Tyner, ltyner@ocsd.com / (714) 593-7550
Asst. General Manager: Rob Thompson, rthompson@ocsd.com / (714) 593-7310
Director of Human Resources: Celia Chandler, cchandler@ocsd.com / (714) 593-7202
Director of Engineering: Kathy Millea, kmillea@ocsd.com / (714) 593-7365
Director of Environmental Services: Lan Wiborg, lwiborg@ocsd.com / (714) 593-7450
STEERING COMMITTEE Regular Meeting Agenda Wednesday, December 18, 2019
CALL TO ORDER
DECLARATION OF QUORUM:
PUBLIC COMMENTS:
If you wish to address the Committee on any item, please complete a Speaker’s Form (located at the table outside
of the Board Room) and submit it to the Clerk of the Board or notify the Clerk of the Board the item number on
which you wish 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:
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.
1.2019-710APPROVAL OF MINUTES
RECOMMENDATION:
Approve Minutes of the Regular Meeting of the Steering Committee held November 20,
2019.
Originator:Kelly Lore
Agenda Report
11-20-2019 Steering Committee Minutes
Attachments:
NON-CONSENT:
2.2019-809MEMORANDUM OF UNDERSTANDING WITH ORANGE COUNTY
EMPLOYEES RETIREMENT SYSTEM REGARDING PAYMENT OF
UNFUNDED ACTUARIAL ACCRUED LIABILITIES
RECOMMENDATION: Recommend to the Board of Directors to:
Adopt Resolution No. OCSD 19-20 entitled, “A Resolution of the Board of Directors of
the Orange County Sanitation District authorizing the Execution of the Memorandum of
Understanding with the Orange County Employees Retirement System establishing the
terms to recognize and apply the Orange County Sanitation District’s satisfaction of its
Unfunded Accrued Actuarial Liability and deferred Unfunded Accrued Actuarial Liability.
Originator:Lorenzo Tyner
Page 1 of 4
STEERING COMMITTEE Regular Meeting Agenda Wednesday, December 18, 2019
Agenda Report
Draft Resolution No. OCSD 19-20
Exhibit "A" Memorandum of Understanding
Attachments:
INFORMATION ITEMS:
None.
DEPARTMENT HEAD REPORTS:
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 the Board takes final action on any of these subjects, the minutes
will reflect all required disclosures of information.
CONVENE IN CLOSED SESSION.
CS-1 2019-799CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED
LITIGATION - GOVERNMENT CODE SECTION 54956.9(d)(4)
RECOMMENDATION: Convene in Closed Session:
Number of Potential Cases: 1
Initiation of litigation regarding development fees and conditions at Project OCSD
Headquarters Building: City of Fountain Valley
Agenda Report
Memo re Anticipated Litigation Headquarters Building
Attachments:
CS-2 2019-834CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED
LITIGATION - GOVERNMENT CODE SECTION 54956.9(d)(4)
RECOMMENDATION: Convene in Closed Session:
Number of Potential Cases: 1
Claim received from Shimmick Construction pertaining to Project No. J-117B - Outfall
Low Pump Station Ocean Outfall System Rehabilitation
Page 2 of 4
STEERING COMMITTEE Regular Meeting Agenda Wednesday, December 18, 2019
Agenda Report
Memo re Anticipated Litigation Shimmick Construction
Attachments:
CS-3 2019-841CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED
LITIGATION - GOVERNMENT CODE SECTION 54956.9(d)(4)
RECOMMENDATION: Convene in Closed Session:
Number of Potential Cases: 1
Claim received from Terra Insurance Company pertaining to insurance requirements
for Orange County Sanitation District Project No. PS17-03 - Active Fault Location Study
at Plant No. 2
Agenda Report
Memo re Anticipated Litigation Terra Insurance Company
Attachments:
CS-4 2019-839CONFERENCE WITH REAL PROPERTY NEGOTIATORS -
GOVERNMENT CODE SECTION 54956.8
RECOMMENDATION: Convene in Closed Session:
Property: 18475 Bandilier Cir. Fountain Valley, CA - APN No.156-163-15;
Agency negotiators: General Manager, Jim Herberg; Assistant General Manager,
Lorenzo Tyner; Assistant General Manager, Rob Thompson; and Director of
Engineering, Kathy Millea.
Negotiating parties: Sukut Real Properties II, LLC
Under negotiation: Price and terms of payment
Agenda Report
Memo re Real Property 18475 Bandilier Cir.
Attachments:
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:
BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING:
At this time Committee members may request staff to place an item on a future agenda.
Page 3 of 4
STEERING COMMITTEE Regular Meeting Agenda Wednesday, December 18, 2019
ADJOURNMENT:
The next Steering Committee meeting is scheduled for Wednesday, January 22, 2020 at 5:00
p.m.
Page 4 of 4
Orange County Sanitation District
STEERING COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2019-710 Agenda Date:12/18/2019 Agenda Item No:1.
FROM:James D. Herberg, General Manager
Originator: Kelly A. Lore, Clerk of the Board
SUBJECT:
APPROVAL OF MINUTES
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
Approve Minutes of the Regular Meeting of the Steering Committee held November 20, 2019.
BACKGROUND
In accordance with the Board of Directors Rules of Procedure,an accurate record of each meeting
will be provided to the Directors for subsequent approval at the following meeting.
RELEVANT STANDARDS
·Resolution No. OCSD 19-19
ATTACHMENT
The following attachment(s)are included in hard copy and may also be viewed on-line at the OCSD website
(www.ocsd.com) with the complete agenda package:
·Minutes of the Steering Committee meeting held November 20, 2019
Orange County Sanitation District Printed on 12/9/2019Page 1 of 1
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Orange County Sanitation District
Minutes for the
STEERING COMMITTEE
Wednesday, November 20, 2019
5:00 PM
Conference Room A
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
CALL TO ORDER
A regular meeting of the Steering Committee of the Orange County Sanitation District was
called to order by Board Chairman David Shawver on Wednesday, November 20, 2019 at
5:03 p.m. in the Administration Building of the Orange County Sanitation District.
DECLARATION OF QUORUM:
A quorum was declared present, as follows:
PRESENT:David Shawver, John Withers, Robert Collacott, Peter Kim, Chad
Wanke and Glenn Parker
ABSENT:Tim Shaw
STAFF PRESENT:
Jim Herberg, General Manager; Rob Thompson, Assistant General Manager; Lorenzo Tyner,
Assistant General Manager; Kathy Millea, Director of Engineering; Kelly Lore, Clerk of the
Board; Daisy Covarrubias; Al Garcia; Tom Grant; Tina Knapp; Laura Maravilla; Jeff Mohr;
Tyler Ramirez; Wally Ritchie; Roya Sohanaki and Mickey Whitney.
OTHERS PRESENT:
Brad Hogin, General Counsel; Roger Cerda and Peter Maisitis, Alston & Bird (Special
Counsel).
PUBLIC COMMENTS:
None.
REPORTS:
None.
CONSENT CALENDAR:
1.APPROVAL OF MINUTES 2019-650
Originator: Kelly Lore
MOVED, SECONDED, AND DULY CARRIED TO:
Page 1 of 4
STEERING COMMITTEE Minutes November 20, 2019
Approve Minutes of the Regular Meeting of the Steering Committee held October 23,
2019.
AYES:David Shawver, John Withers, Robert Collacott, Peter Kim, Chad
Wanke and Glenn Parker
NOES:None
ABSENT:Tim Shaw
ABSTENTIONS:None
NON-CONSENT:
2.ORANGE COUNTY SANITATION DISTRICT’S STRATEGIC PLAN 2019-719
Originator: Rob Thompson
Assistant General Manager Rob Thompson provided a brief summary of the steps
taken in the preparation of the Strategic Plan.
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
A. Adopt the 2019 Strategic Plan; and
B. Direct staff to implement the goals contained in the Strategic Plan.
AYES:David Shawver, John Withers, Robert Collacott, Peter Kim, Chad
Wanke and Glenn Parker
NOES:None
ABSENT:Tim Shaw
ABSTENTIONS:None
INFORMATION ITEMS:
None.
DEPARTMENT HEAD REPORTS:
None.
CLOSED SESSION:
CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS
54956.9(d)(4) & 54956.9(d)(1):
The Committee convened in closed session at 5:07 p.m. to discuss three items. Confidential
minutes of the Closed Sessions have been prepared in accordance with the above
Government Code Sections and are maintained by the Clerk of the Board in the Official Book
of Confidential Minutes of Board and Committee Closed Session Meetings.
Page 2 of 4
STEERING COMMITTEE Minutes November 20, 2019
CS-1 CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED
LITIGATION - GOVERNMENT CODE SECTION 54956.9(d)(4)
2019-725
CONVENED IN CLOSED SESSION:
Number of Potential Cases: 1
Initiation of litigation regarding permittee: Aseptic Technology, LLC
CS-2 CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED
LITIGATION - GOVERNMENT CODE SECTION 54956.9(d)(4)
2019-726
CONVENED IN CLOSED SESSION:
Number of Potential Cases: 1
Initiation of litigation regarding development fees and conditions at Project OCSD
Headquarters Building: City of Fountain Valley
CS-3 CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION -
GOVERNMENT CODE SECTION 54956.9(d)(1)
2019-741
CONVENED IN CLOSED SESSION:
Number of Cases: 1
Klean Waters, Inc. v. Orange County Sanitation District, United States District Court,
Central District of California, Southern Division, Case No. 8:15-cv-00627...body
The Committee reconvened in regular session at 6:01 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.
BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING:
None.
ADJOURNMENT:
Chair Shawver declared the meeting adjourned at 6:02 p.m. to the next Steering Committee
meeting to be held on Wednesday, December 18, 2019 at 5:00 p.m.
Page 3 of 4
STEERING COMMITTEE Minutes November 20, 2019
Submitted by:
__________________
Kelly A. Lore, MMC
Clerk of the Board
Page 4 of 4
Orange County Sanitation District
STEERING COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2019-809 Agenda Date:12/18/2019 Agenda Item No:2.
FROM:James D. Herberg, General Manager
Originator: Lorenzo Tyner, Assistant General Manager
SUBJECT:
MEMORANDUM OF UNDERSTANDING WITH ORANGE COUNTY EMPLOYEES RETIREMENT
SYSTEM REGARDING PAYMENT OF UNFUNDED ACTUARIAL ACCRUED LIABILITIES
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
Adopt Resolution No. OCSD 19-20 entitled, “A Resolution of the Board of Directors of the Orange
County Sanitation District authorizing the Execution of the Memorandum of Understanding with the
Orange County Employees Retirement System establishing the terms to recognize and apply the
Orange County Sanitation District’s satisfaction of its Unfunded Accrued Actuarial Liability and
deferred Unfunded Accrued Actuarial Liability.
BACKGROUND
On September 9,2019 and November 1,2019,the Orange County Sanitation District (Sanitation
District)made an Unfunded Accrued Actuarial Liability (UAAL)payment totaling $38,000,000 in its
defined pension plan administered by the Orange County Employees Retirement System (OCERS),
which paid off both the Sanitation District’s UAAL and proportionate share of the deferred losses not
yet recognized in the December 31,2018 actuarial valuation (deferred investment loss).As a result
of the Sanitation District paying off the UAAL,and making the additional payment on the deferred
losses,OCERS’actuary recommended that a bookkeeping account be created because the deferred
losses are not yet part of the UAAL as reported in the December 31,2018 Actuarial Valuation.The
bookkeeping account provides a mechanism to track the contributions made related to the deferred
losses.The balance in the account will be used to offset UAAL as it is recognized in future
valuations.The OCERS Board of Retirement approved the bookkeeping account at its October 21,
2019 meeting with direction to staff to memorialize the terms and conditions under which OCERS
shall recognize and apply the balance in the new bookkeeping account in future valuations.
OCERS drafted a Memorandum of Understanding (MOU)that specifies how the contributions made
by the Sanitation District will be accounted for by OCERS,including how interest will be applied and
when balances in the bookkeeping account will be moved out of the account and become valuation
assets to cover UAAL.The Sanitation District’s General Counsel has reviewed the MOU and drafted
Resolution No.OCSD 19-20,which if approved,authorizes the execution of the MOU between
OCERS and the Sanitation District.
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File #:2019-809 Agenda Date:12/18/2019 Agenda Item No:2.
RELEVANT STANDARDS
·Ensure the public’s money is wisely spent
PROBLEM
There is currently no mechanism to track the contributions made related to the deferred losses.The
balance in the account needs to offset the UAAL as it is recognized in future valuations.
PROPOSED SOLUTION
The bookkeeping account provides a mechanism to track the contributions made related to the
deferred losses.The balance in the account will be used to offset UAAL as it is recognized in future
valuations.The OCERS Board of Retirement approved the bookkeeping account at its October 21,
2019 meeting with direction to staff to memorialize the terms and conditions under which OCERS
shall recognize and apply the balance in the new bookkeeping account in future valuations.
TIMING CONCERNS
OCERS approved the MOU at its October 21, 2019 Board meeting.
RAMIFICATIONS OF NOT TAKING ACTION
OCERS has no direction from the Sanitation District on an agreed upon procedure for tracking the
UAAL contributions made by the Sanitation District related to the deferred investment losses as of
December 31, 2018.
PRIOR COMMITTEE/BOARD ACTIONS
August 2019 - Board approved up to $38 million pay-down against its UAAL with OCERS.
January 2017 -Board approved Resolution No.OCSD 17-01 entering into a MOU with OCERS
Regarding Payment of Unfunded Actuarial Accrued Liabilities.
ATTACHMENT
The following attachment(s)may be viewed on-line at the OCSD website (www.ocsd.com)with the complete agenda
package:
·Draft Resolution No. OCSD 19-20
·Exhibit “A” Memorandum of Understanding
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OCSD 19-20-1
RESOLUTION NO. OCSD 19-20
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ORANGE
COUNTY SANITATION DISTRICT AUTHORIZING THE EXECUTION OF
THE MEMORANDUM OF UNDERSTANDING WITH THE ORANGE
COUNTY EMPLOYEES RETIREMENT SYSTEM ESTABLISHING THE
TERMS TO RECOGNIZE AND APPLY THE ORANGE COUNTY
SANITATION DISTRICT’S SATISFACTION OF ITS UNFUNDED
ACCRUED ACTUARIAL LIABILITY AND DEFERRED UNFUNDED
ACCRUED ACTUARIAL LIABILITY
WHEREAS, as a participating employer in the Orange County Employees
Retirement System (“OCERS”), the Orange County Sanitation District (“Sanitation
District”) contributes to OCERS on an annual basis such contributions as OCERS
determines are due and payable to OCERS from the Sanitation District, as an employer,
to help fund the retirement and other benefits due to Sanitation District employees and
their beneficiaries; and
WHEREAS, the Sanitation District’s annual contributions as determined by
OCERS are currently calculated as a percentage of pensionable payroll that includes both
a normal contribution rate (“Normal Cost”) and a rate that reflects the amortization of an
unfunded accrued actuarial liability (“UAAL”) attributable to the Sanitation District,
pursuant to Government Code sections 31453 and 31453.5; and
WHEREAS, as of September 4, 2019, the total UAAL attributable to the Sanitation
District was $8,116,226; and
WHEREAS, as of December 31, 2018, an additional UAAL attributable to the
Sanitation District on the books of OCERS totaled $30,232,235 (“Deferred UAAL”), which
amount has been deferred and is projected to be due and payable by the Sanitation
District in amortizing installments commencing July 1, 2021; and
WHEREAS, the amortizing installments of Sanitation District’s Deferred UAAL in
any future year may be more or less than the total UAAL attributable to the Sanitation
District in such future year (“Actual UAAL”); and
WHEREAS, as of November 1, 2019, the Sanitation District has contributed
$38,000,000 to OCERS in satisfaction of its UAAL and Deferred UAAL; and
WHEREAS, the Sanitation District and OCERS wish to enter into a Memorandum
of Understanding (“MOU”) to set forth the terms and conditions under which OCERS shall
recognize and apply the Sanitation District’s Contribution.
OCSD 19-20-2
NOW, THEREFORE, the Board of Directors of Orange County Sanitation District,
DOES HEREBY RESOLVE, DETERMINE, AND ORDER:
Section 1: The above recitals are true and correct and are incorporated herein by
reference.
Section 2: That the Board Chairman is hereby authorized and directed to execute
the Memorandum of Understanding as attached hereto as Exhibit “A”.
Section 3: The Clerk of the Board shall certify to the adoption of this Resolution.
PASSED AND ADOPTED at a regular meeting of the Board of Directors held
December 18, 2019.
____________________________________
David John Shawver
Board Chairman
Orange County Sanitation District
ATTEST:
_________________________________
Kelly A. Lore
Clerk of the Board
Orange County Sanitation District
APPROVED AS TO FORM:
_________________________________
Bradley R. Hogin
General Counsel
Orange County Sanitation District
OCSD 19-20-3
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 19-20 was passed and adopted
at a regular meeting of said Board on the 18th day of December 2019, by the following
vote, to wit:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
Orange County Sanitation District this 18th day of December 2019.
Kelly A. Lore
Clerk of the Board of Directors
Orange County Sanitation District
Orange County Sanitation District
STEERING COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2019-799 Agenda Date:12/18/2019 Agenda Item No:CS-1
FROM:James D. Herberg, General Manager
SUBJECT:
CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED LITIGATION - GOVERNMENT CODE
SECTION 54956.9(D)(4)
RECOMMENDATION: Convene in Closed Session:
Number of Potential Cases: 1
Initiation of litigation regarding development fees and conditions at Project OCSD Headquarters
Building: City of Fountain Valley
BACKGROUND
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.
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 the Board takes
final action on any of these subjects, the minutes will reflect all required disclosures of information.
RELEVANT STANDARDS
·Government Code Sections 54956.8, 54956.9, 54957, or 54957.6, as noted
ATTACHMENT
The following attachment(s)are included in hard copy and may also be viewed on-line at the OCSD website
(www.ocsd.com) with the complete agenda package:
·Memorandum from General Counsel
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(714) 558-7000
MEMORANDUM
TO: Hon. Chair and Members of the Orange County Sanitation District Steering
Committee
FROM: Bradley R. Hogin, Esq.
General Counsel
DATE: December 9, 2019
RE: Closed Session Items
The Steering Committee desires to hold a closed session on December 18, 2019 for the
purpose of conferring with its legal counsel regarding potential litigation. Based on existing
facts and circumstances, the Committee is deciding whether to initiate litigation against another
party. The closed session will be held pursuant to the authority of California Government Code
Section 54956.9(d)(4). The facts and circumstances are as follows: a dispute has arisen between
the City of Fountain Valley and the District regarding fees and conditions that the City seeks to
impose on the District’s construction of a new headquarters building. In the view of the District,
these fees and conditions are unlawful.
Respectfully submitted,
By_________________________________
Bradley R. Hogin, General Counsel
Orange County Sanitation District
STEERING COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2019-834 Agenda Date:12/18/2019 Agenda Item No:CS-2
FROM:James D. Herberg, General Manager
SUBJECT:
CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED LITIGATION - GOVERNMENT CODE
SECTION 54956.9(D)(4)
RECOMMENDATION: Convene in Closed Session:
Number of Potential Cases: 1
Claim received from Shimmick Construction pertaining to Project No. J-117B - Outfall Low Pump
Station Ocean Outfall System Rehabilitation
BACKGROUND
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.
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 the Board takes
final action on any of these subjects, the minutes will reflect all required disclosures of information.
RELEVANT STANDARDS
·Government Code Sections 54956.8, 54956.9, 54957, or 54957.6, as noted
ATTACHMENT
The following attachment(s)are included in hard copy and may also be viewed on-line at the OCSD website
(www.ocsd.com) with the complete agenda package:
·Memorandum from General Counsel
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C O S T A ME S A , CA 9 2 6 26-7 6 70
(714) 558-7000
MEMORANDUM
TO: Hon. Chair and Members of the Orange County Sanitation District Steering
Committee
FROM: Bradley R. Hogin, Esq.
General Counsel
DATE: December 10, 2019
RE: Closed Session Items
The Steering Committee desires to hold a closed session on December 18, 2019 for the
purpose of conferring with its legal counsel regarding potential litigation. Existing facts and
circumstances reflect a significant exposure to litigation against the District. The closed session
will be held pursuant to the authority of California Government Code Section 54956.9(d)(4).
The facts and circumstances are as follows: The District received a claim for damages from
Shimmick Construction pertaining to Project No. J-117B – Outfall Low Pump Station Ocean
Outfall System Rehabilitation.
Respectfully submitted,
By_________________________________
Bradley R. Hogin, General Counsel
Orange County Sanitation District
STEERING COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2019-841 Agenda Date:12/18/2019 Agenda Item No:CS-3
FROM:James D. Herberg, General Manager
SUBJECT:
CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED LITIGATION - GOVERNMENT CODE
SECTION 54956.9(D)(4)
RECOMMENDATION: Convene in Closed Session:
Number of Potential Cases: 1
Claim received from Terra Insurance Company pertaining to insurance requirements for Orange
County Sanitation District Project No. PS17-03 - Active Fault Location Study at Plant No. 2
BACKGROUND
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.
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 the Board takes
final action on any of these subjects, the minutes will reflect all required disclosures of information.
RELEVANT STANDARDS
·Government Code Sections 54956.8, 54956.9, 54957, or 54957.6, as noted
ATTACHMENT
The following attachment(s)are included in hard copy and may also be viewed on-line at the OCSD website
(www.ocsd.com) with the complete agenda package:
·Memorandum from General Counsel
Orange County Sanitation District Printed on 12/11/2019Page 1 of 1
powered by Legistar™
1114541.2
555 AN T O N B O U L E V A R D, SU I T E 12 0 0
C O S T A ME S A , CA 9 2 6 26-7 6 70
(714) 558-7000
MEMORANDUM
TO: Hon. Chair and Members of the Orange County Sanitation District Steering
Committee
FROM: Bradley R. Hogin, Esq.
General Counsel
DATE: December 10, 2019
RE: Closed Session Items
The Steering Committee desires to hold a closed session on December 18, 2019 for the
purpose of conferring with its legal counsel regarding potential litigation. Existing facts and
circumstances reflect a significant exposure to litigation against the District. The closed session
will be held pursuant to the authority of California Government Code Section 54956.9(d)(4).
The facts and circumstances are as follows: The District received a claim for damages from
Terra Insurance Company pertaining to insurance requirements for Orange County Sanitation
District Project No. PS17-03.
Respectfully submitted,
By_________________________________
Bradley R. Hogin, General Counsel
Orange County Sanitation District
STEERING COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2019-839 Agenda Date:12/18/2019 Agenda Item No:CS-4
FROM:James D. Herberg, General Manager
SUBJECT:
CONFERENCE WITH REAL PROPERTY NEGOTIATORS - GOVERNMENT CODE SECTION
54956.8
RECOMMENDATION: Convene in Closed Session:
Property: 18475 Bandilier Cir. Fountain Valley, CA - APN No.156-163-15;
Agency negotiators:General Manager,Jim Herberg;Assistant General Manager,Lorenzo Tyner;
Assistant General Manager, Rob Thompson; and Director of Engineering, Kathy Millea.
Negotiating parties: Sukut Real Properties II, LLC
Under negotiation: Price and terms of payment
BACKGROUND
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.
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 the Board takes
final action on any of these subjects, the minutes will reflect all required disclosures of information.
RELEVANT STANDARDS
·Government Code Sections 54956.8, 54956.9, 54957, or 54957.6, as noted
ATTACHMENT
The following attachment(s)are included in hard copy and may also be viewed on-line at the OCSD website
(www.ocsd.com) with the complete agenda package:
·Memorandum from General Counsel
Orange County Sanitation District Printed on 12/11/2019Page 1 of 1
powered by Legistar™
1411299.1
555 AN T O N B O U L E V A R D, SU I T E 12 0 0
C O S T A ME S A , CA 9 2 6 26-7 6 70
(714) 558-7000
MEMORANDUM
TO: Hon. Chair and Members of the Orange County Sanitation District Steering
Committee
FROM: Bradley R. Hogin, Esq.
General Counsel
DATE: December 11, 2019
RE: Closed Session Items
The Steering Committee desires to hold a closed session on December 18, 2019 for the
purpose of conferring with its negotiators regarding the purchase of real property. The property
is 18475 Bandilier Cir. Fountain Valley, APN No. 156-163-15. The District’s negotiators are Jim
Herberg, Lorenzo Tyner, Rob Thompson and Kathy Millea. Said closed session will be held
pursuant to authority of California Government Code Section 54956.8.
Respectfully submitted,
By: _________________________
Bradley R. Hogin, General Counsel
ORANGE COUNTY SANITATION DISTRICT
COMMON ACRONYMS
ACWA Association of California
Water Agencies LAFCO Local Agency Formation
Commission RWQCB Regional Water Quality
Control Board
APWA American Public Works
Association LOS Level Of Service SARFPA Santa Ana River Flood
Protection Agency
AQMD Air Quality Management
District MGD Million Gallons Per Day SARI Santa Ana River
Interceptor
ASCE American Society of Civil
Engineers MOU Memorandum of
Understanding SARWQCB Santa Ana Regional Water
Quality Control Board
BOD Biochemical Oxygen Demand NACWA National Association of Clean
Water Agencies SAWPA Santa Ana Watershed
Project Authority
CARB California Air Resources
Board NEPA National Environmental
Policy Act SCADA Supervisory Control And
Data Acquisition
CASA California Association of
Sanitation Agencies NGOs Non-Governmental
Organizations SCAP
Southern California
Alliance of Publicly Owned
Treatment Works
CCTV Closed Circuit Television NPDES National Pollutant Discharge
Elimination System SCAQMD South Coast Air Quality
Management District
CEQA California Environmental
Quality Act NWRI National Water Research
Institute SOCWA South Orange County
Wastewater Authority
CIP Capital Improvement
Program O & M Operations & Maintenance SRF Clean Water State
Revolving Fund
CRWQCB California Regional Water
Quality Control Board OCCOG Orange County Council of
Governments SSMP Sewer System
Management Plan
CWA Clean Water Act OCHCA Orange County Health Care
Agency SSO Sanitary Sewer Overflow
CWEA California Water Environment
Association OCSD Orange County Sanitation
District SWRCB State Water Resources
Control Board
EIR Environmental Impact Report OCWD Orange County Water District TDS Total Dissolved Solids
EMT Executive Management Team OOBS Ocean Outfall Booster Station TMDL Total Maximum Daily Load
EPA US Environmental Protection
Agency OSHA Occupational Safety and
Health Administration TSS Total Suspended Solids
FOG Fats, Oils, and Grease PCSA
Professional
Consultant/Construction
Services Agreement
WDR Waste Discharge
Requirements
gpd gallons per day PDSA Professional Design Services
Agreement WEF Water Environment
Federation
GWRS Groundwater Replenishment
System POTW Publicly Owned Treatment
Works WERF Water Environment &
Reuse Foundation
ICS Incident Command System ppm parts per million WIFIA Water Infrastructure
Finance and Innovation Act
IERP Integrated Emergency
Response Plan PSA Professional Services
Agreement WIIN
Water Infrastructure
Improvements for the
Nation Act
JPA Joint Powers Authority RFP Request For Proposal WRDA Water Resources
Development Act
ORANGE COUNTY SANITATION DISTRICT
GLOSSARY OF TERMS
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.
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 (D/T) – 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.
LEVEL 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.
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.