HomeMy WebLinkAbout02-26-2020 Steering Committee Meeting Complete Agenda Packet
February 20, 2020
NOTICE OF MEETING
STEERING COMMITTEE
ORANGE COUNTY SANITATION DISTRICT
REGULAR MEETING – 5:00 P.M.
Wednesday, February 26, 2020
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
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 *
January 27, 2021
February 24, 2021
* Meeting will be held on the third Wednesday of the month
STEERING COMMITTEE
(1) Roll Call:
Meeting Date: February 26, 2020 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 02/19/2020 BOARD OF DIRECTORS Complete Roster AGENCY/CITIES
ACTIVE DIRECTOR
ALTERNATE DIRECTOR
Anaheim
Lucille Kring
Denise Barnes Brea Glenn Parker Cecilia Hupp Buena Park Fred Smith Connor Traut 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 Lyn Semeta Irvine Christina Shea Anthony Kuo
La Habra Tim Shaw Rose Espinoza La Palma Peter Kim Nitesh Patel 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 Margie L. Rice Irvine Ranch Water District John Withers
Douglas Reinhart
Yorba Linda Water District Brooke Jones Phil Hawkins County Areas
Board of Supervisors Doug Chaffee Donald P. Wagner
Orange County Sanitation District
STEERING COMMITTEE
Regular Meeting Agenda
Wednesday, February 26, 2020 - 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, February 26, 2020
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 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 wish
to speak. Speakers will be recognized by the Chairperson and are requested to limit comments to three minutes.
REPORTS:
The Board 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.
1.2020-898APPROVAL OF MINUTES
RECOMMENDATION:
Approve Minutes of the Regular Meeting of the Steering Committee held January 22,
2020.
Originator:Kelly Lore
Agenda Report
01-22-2020 Steering Committee Minutes
Attachments:
NON-CONSENT:
2.2020-935SINGAPORE INTERNATIONAL WATER WEEK 2020 ATTENDANCE
RECOMMENDATION: Recommend to the Board of Directors to:
Approve out-of-country travel to Singapore for Rob Thompson to participate in the
Singapore International Water Week to present on water recycling, resource recovery,
and resiliency, contingent on receipt of $2,000 in scholarship funding to offset travel
costs.
Originator:Rob Thompson
Agenda ReportAttachments:
Page 1 of 4
STEERING COMMITTEE Regular Meeting Agenda Wednesday, February 26, 2020
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 2020-921CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION -
GOVERNMENT CODE SECTION 54956.9(D)(1)
RECOMMENDATION: Convene in Closed Session:
OCSD v. Mission Clay Pipe et al., Orange County Superior Court Case No.
30-2017-00942372-CU-BC-CJC
Agenda Report
Memo re Mission Clay Pipe Existing Litigation
Attachments:
CS-2 2020-925CONFERENCE 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 Headquaters Building
Attachments:
CS-3 2020-926CONFERENCE 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
Page 2 of 4
STEERING COMMITTEE Regular Meeting Agenda Wednesday, February 26, 2020
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
Attachments:
CS-4 2020-938CONFERENCE WITH REAL PROPERTY NEGOTIATORS -
GOVERNMENT CODE SECTION 54956.8
RECOMMENDATION: Convene in Closed Session:
Property: 7292 Slater Avenue Huntington Beach, CA - APN No. 156-163-15
Agency negotiators: General Manager, Jim Herberg; Assistant General Manager,
Lorenzo Tyner; and Assistant General Manager, Rob Thompson.
Negotiating parties: Northington Huntington Beach Investors LLC
Under negotiation: Price and terms of payment
Agenda Report
Memo re Real Property (Northington)
Attachments:
CS-5 2019-807PUBLIC EMPLOYEE PERFORMANCE EVALUATION 54957(B)(1)
RECOMMENDATION: Convene in Closed Session:
Public Employee Performance Evaluation
Number of Employees: 1
·General Counsel
Agenda Report
Memo re General Counsel Evaluation
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:
Page 3 of 4
STEERING COMMITTEE Regular Meeting Agenda Wednesday, February 26, 2020
BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING:
At this time Directors may request staff to place an item on a future agenda.
ADJOURNMENT:
The next Steering Committee meeting is scheduled for Wednesday, March 25, 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 #:2020-898 Agenda Date:2/26/2020 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 January 22, 2020.
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 January 22, 2020
Orange County Sanitation District Printed on 2/19/2020Page 1 of 1
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Orange County Sanitation District
Minutes for the
STEERING COMMITTEE
Wednesday, January 22, 2020
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 Vice-Chair John Withers on Wednesday, January 22, 2020 at 5:04
p.m. in the Administration Building of the Orange County Sanitation District.
DECLARATION OF QUORUM:
A quorum was declared present, as follows:
PRESENT:John Withers, Robert Collacott, Peter Kim, Chad Wanke, Glenn
Parker and Tim Shaw
ABSENT:David Shawver
STAFF PRESENT:
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;Kelly Lore, Clerk of the Board; Marc Brown; Jennifer Cabral; Mike
Dorman; Brian Engeln; Al Garcia; Tom Grant; Yolanda Herrera; Jim Kavalec; Tina Knapp;
Jeff Mohr; Tyler Ramirez; Wally Ritchie; and Ruth Zintzun.
OTHERS PRESENT:
Brad Hogin, General Counsel
PUBLIC COMMENTS:
None.
REPORTS:
Vice Chairman Withers stated that Chair Shawver is representing OCSD at the CASA
conference today.
General Manager Jim Herberg provided a brief background and status of his GM Workplan in
Item No. 3.
CONSENT CALENDAR:
1.APPROVAL OF MINUTES 2019-793
Originator: Kelly Lore
Page 1 of 4
STEERING COMMITTEE Minutes January 22, 2020
MOVED, SECONDED, AND DULY CARRIED TO:
Approve Minutes of the Regular Meeting of the Steering Committee held December 18,
2019.
AYES:John Withers, Robert Collacott, Peter Kim, Chad Wanke, Glenn
Parker and Tim Shaw
NOES:None
ABSENT:David Shawver
ABSTENTIONS:None
NON-CONSENT:
2.REQUEST FOR FUNDING - WASTEWATER FLOW & LOADING
STUDY
2020-862
Originator: Lorenzo Tyner
Assistant General Manager Lorenzo Tyner provided a brief report regarding the need
for the Wastewater Flow and Loading Study.
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
Approve the Orange County Sanitation District’s on-going participation in the California
Association of Sanitation Agencies wastewater flow and loading study and the
Participating Agency Contribution Pledge of $410,676.
AYES:John Withers, Robert Collacott, Peter Kim, Chad Wanke, Glenn
Parker and Tim Shaw
NOES:None
ABSENT:David Shawver
ABSTENTIONS:None
3.GENERAL MANAGER’S FISCAL YEAR 2019-2020 WORK PLAN
MID-YEAR UPDATE
2020-869
Originator: Jim Herberg
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
Receive and file the General Manager’s Fiscal Year 2019-2020 Work Plan Mid-Year
Update and Memorandum.
AYES:John Withers, Robert Collacott, Peter Kim, Chad Wanke, Glenn
Parker and Tim Shaw
NOES:None
ABSENT:David Shawver
Page 2 of 4
STEERING COMMITTEE Minutes January 22, 2020
ABSTENTIONS:None
INFORMATION ITEMS:
None.
CLOSED SESSION:
CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS
54956.9(d)(4) & 54956.8:
The Committee convened in closed session at 5:12 p.m. to discuss one item. Item No. CS-2
was not heard. 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.
CS-1 CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED
LITIGATION - GOVERNMENT CODE SECTION 54956.9(d)(4)
2020-865
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-2 CONFERENCE WITH REAL PROPERTY NEGOTIATORS -
GOVERNMENT CODE SECTION 54956.8
2020-866
CONVENED 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
RECONVENED IN REGULAR SESSION.
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.
Page 3 of 4
STEERING COMMITTEE Minutes January 22, 2020
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY:
None.
BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING:
None.
ADJOURNMENT:
Vice-Chair Withers declared the meeting adjourned at 6:02 p.m. to the next Steering
Committee meeting to be held on Wednesday, February 26, 2020 at 5:00 p.m.
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 #:2020-935 Agenda Date:2/26/2020 Agenda Item No:2.
FROM:James D. Herberg, General Manager
Originator: Rob Thompson, Assistant General Manager
SUBJECT:
SINGAPORE INTERNATIONAL WATER WEEK 2020 ATTENDANCE
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
Approve out-of-country travel to Singapore for Rob Thompson to participate in the Singapore
International Water Week to present on water recycling, resource recovery, and resiliency, contingent
on receipt of $2,000 in scholarship funding to offset travel costs.
BACKGROUND
The Singapore International Water Week (SIWW)is an opportunity for industry leaders across the
world to come together to exchange ideas and discuss the future of water.SIWW is a global platform
to share and co-create innovative solutions reinforcing a commitment to the global integration of
sustainable water management strategies with urban planning processes.Addressing contemporary
challenges,SIWW gathers global water leaders and practitioners from the public and private sectors
to engage in discussion and debate,network with key industry players,showcase leading-edge
technologies and best practices, and identify practical methodologies to address water issues.
In line with global water industry trends and opportunities,SIWW 2020 will feature discussions on
three themes:
Climate Resilience
Resource Efficiency
SMART Utility
The Water Environment Federation (WEF),National Association of Clean Water Agencies (NACWA),
and Water Research have partnered with SIWW to host a United States delegation of high-level utility
managers.Participants in the U.S.Delegation will have access to all SIWW events,plus events
planned together to provide special site visits and more intimate exchange opportunities.
A scholarship exists to fund international participation.By promoting international exchange,WEF,
NACWA,and Water Research hope to breakdown international barriers,accelerate technology
transfer,and create an understanding of innovative policy options to enable resource recovery.
Scholarship recipients will be encouraged to write papers and make presentations about their
experience at SIWW and will be provided forums to disseminate this information through WEF,
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File #:2020-935 Agenda Date:2/26/2020 Agenda Item No:2.
experience at SIWW and will be provided forums to disseminate this information through WEF,
NACWA, and Water Research.
RELEVANT STANDARDS
·Build brand, trust, and support with policy makers and community leaders
·Maintain collaborative and cooperative relationships with regulators, stakeholders, and
neighboring communities
·Ensure the public’s money is wisely spent
PROBLEM
The Orange County Sanitation District (Sanitation District)has been offered the opportunity to
participate in an international water forum to share our innovation and provide leadership to our
industry,and to learn from other worldwide industry leaders to help expand technology options for the
future.
PROPOSED SOLUTION
By attending and participating in the scholarship program,the Sanitation District will gain the
opportunity to share our extensive experience in water recycling,wastewater treatment,resource
recovery,and resiliency.It will also allow us the opportunity to learn about new technologies and
practices in the industry.
TIMING CONCERNS
The conference is taking place in July,as such we would like to start the planning process for
purchasing of airfare,lodging,etc.as soon as we receive word on if the Sanitation District has been
selected as a scholarship recipient.
RAMIFICATIONS OF NOT TAKING ACTION
If we do not take action now, we run the risk of increased cost of both airfare and lodging.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
Assistant General Manager Thompson’s participation in the SIWW Conference as a scholarship
recipient will provide the opportunity to share the Sanitation District’s extensive experience in water
recycling,wastewater treatment,resource recovery,and resiliency,and allow him to learn from the
other utility leaders and new available technologies in the world of resource recovery.The weeklong
program is from July 5-9, 2020.
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File #:2020-935 Agenda Date:2/26/2020 Agenda Item No:2.
CEQA
N/A
FINANCIAL CONSIDERATIONS
The Sanitation District is committing to pay approximately $2,000 to cover half of the cost of
attending the conference.A $2,000 scholarship application was submitted to NACWA to help
supplement the cost.
ATTACHMENT
The following attachment(s)may be viewed on-line at the OCSD website (www.ocsd.com)with the complete agenda
package:
N/A
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Orange County Sanitation District
STEERING COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2020-921 Agenda Date:2/26/2020 Agenda Item No:CS-1
FROM:James D. Herberg, General Manager
SUBJECT:
CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION - GOVERNMENT CODE
SECTION 54956.9(D)(1)
RECOMMENDATION: Convene in Closed Session:
OCSD v. Mission Clay Pipe et al., Orange County Superior Court Case No. 30-2017-00942372-CU-
BC-CJC
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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1114544.1
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: February 19, 2020
RE: Closed Session Items
The Steering Committee desires to hold a closed session on February 26, 2020 for the
purpose of conferring with its legal counsel regarding existing litigation to which the District is a
party. The title of the case is Orange County Sanitation District v. Mission Clay Products, LLC.
Orange County Superior Court Case No. 30-2017-00942372. The closed session will be held
pursuant to the authority of California Government Code Section 54956.9(d)(1).
Respectfully submitted,
By: _________________________
Bradley R. Hogin, General Counsel
PRIVILEGED AND CONFIDENTIAL
ATTORNEY-CLIENT COMMUNICATION
NOT A PUBLIC RECORD
Orange County Sanitation District
STEERING COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2020-925 Agenda Date:2/26/2020 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
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
Orange County Sanitation District Printed on 2/19/2020Page 1 of 1
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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: February 19, 2020
RE: Closed Session Items
The Steering Committee desires to hold a closed session on February 26, 2020 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 #:2020-926 Agenda Date:2/26/2020 Agenda Item No:CS-3
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 2/19/2020Page 1 of 1
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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: February 19, 2020
RE: Closed Session Items
The Steering Committee desires to hold a closed session on February 26, 2020 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. The adverse negotiators will be
representatives of Sukut Real Properties, LLC. 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
STEERING COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2020-938 Agenda Date:2/26/2020 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: 7292 Slater Avenue Huntington Beach, CA - APN No. 156-163-15
Agency negotiators:General Manager,Jim Herberg;Assistant General Manager,Lorenzo Tyner;
and Assistant General Manager, Rob Thompson.
Negotiating parties: Northington Huntington Beach Investors 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 2/19/2020Page 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: February 19, 2020
RE: Closed Session Items
The Steering Committee desires to hold a closed session on February 26, 2020 for the
purpose of conferring with its negotiators regarding the purchase of real property. The property
is 7292 Slater Avenue Huntington Beach, CA, APN No. 156-163-15. The District’s negotiators
are Jim Herberg, Lorenzo Tyner and Rob Thompson. The adverse negotiators will be
representatives of Northington Huntington Beach Investors, LLC. 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
STEERING COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2019-807 Agenda Date:2/26/2020 Agenda Item No:CS-5
FROM:James D. Herberg, General Manager
SUBJECT:
PUBLIC EMPLOYEE PERFORMANCE EVALUATION 54957(B)(1)
RECOMMENDATION: Convene in Closed Session:
Public Employee Performance Evaluation
Number of Employees: 1
·General Counsel
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 2/19/2020Page 1 of 1
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1290736.1
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: February 19, 2020
RE: Closed Session Items
The Steering Committee desires to hold a closed session on February 26, 2020 for the
purpose of conferring for the evaluation of the District’s General Counsel. Said closed session
will be held pursuant to authority of California Government Code Section 54957(b)(1).
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.