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HomeMy WebLinkAbout07-22-2020 Steering Committee Meeting Complete Agenda Packet ORANGE COUNTY SANITATION DISTRICT SPECIAL NOTICE REGARDING CORONAVIRUS (COVID-19) AND ATTENDANCE AT PUBLIC MEETINGS On March 4, 2020, Governor Newsom proclaimed a State of Emergency in California as a result of the threat of COVID-19. On March 12, 2020 and March 18, 2020, Governor Newsom issued Executive Order N-25-20 and Executive Order N-29-20, which temporarily suspend portions of the Brown Act which addresses the conduct of public meetings. The General Manager and the Chairman of the Board of Directors have determined that due to the size of the Orange County Sanitation District’s Board of Directors (25), and the health and safety of the members, the Board of Directors will be participating in meetings of the Board telephonically and Internet accessibility. PUBLIC PARTICIPATION Your participation is always welcome. The Steering Committee meeting will be available to the public online at: https://ocsd.legistar.com/Calendar.aspx You may submit your comments and questions in writing for the Steering Committee’s consideration in advance of the meeting only by sending them to OCSDClerk@ocsd.com with the subject line “PUBLIC COMMENT ITEM # (insert the item number relevant to your comment)” or “PUBLIC COMMENT NON-AGENDA ITEM”. Submit your written comments by 5 :00 p.m. on Tuesday, July 21, 2020. All public comments will be provided to the Steering Committee and may be read into the record or compiled as part of the record. Thank you. July 15, 2020 NOTICE OF MEETING STEERING COMMITTEE ORANGE COUNTY SANITATION DISTRICT REGULAR MEETING – 5:00 P.M. Wednesday, July 22, 2020 ACCESSIBILITY FOR THE GENERAL PUBLIC Due to the spread of COVID-19, the Orange County Sanitation District will be holding all upcoming Board and Committee meetings by teleconferencing and Internet accessibility. This meeting will be available to the public online at: https://ocsd.legistar.com/Calendar.aspx The Regular Meeting of the Steering Committee of the Orange County Sanitation District will be held in the manner indicated above on Wednesday, July 22, 2020 at 5:00 p.m. STEERING COMMITTEE AND BOARD MEETING DATES August 26, 2020 September 23, 2020 October 28, 2020 November 18, 2020 * December 16, 2020 * January 27, 2021 February 24, 2021 March 24, 2021 April 28, 2021 May 26, 2021 June 23, 2021 July 28, 2021 * Meeting will be held on the third Wednesday of the month STEERING COMMITTEE (1) Roll Call: Meeting Date: July 22, 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 06/16/2020 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 Nelida Mendoza 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, July 22, 2020 - 5:00 PM Board Room Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 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, July 22, 2020 CALL TO ORDER ROLL CALL AND DECLARATION OF QUORUM: Clerk of the Board PUBLIC COMMENTS: You may submit your comments and questions in writing for the Committee's consideration by sending them to the Clerk of the Board at OCSDClerk@ocsd.com with the subject line "PUBLIC COMMENT ITEM # (insert the item number relevant to your comment)" or "PUBLIC COMMENT NON-AGENDA ITEM". Submit your written comments by 5:00 p.m. on July 21, 2020. All public comments will be provided to the Committee and may be read into the record or compiled as part of the record. 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. 1.2020-1090APPROVAL OF MINUTES RECOMMENDATION: Approve Minutes of the Regular Meeting of June 24, 2020. Originator:Kelly Lore Agenda Report 06-24-2020 Steering Committee Meeting Minutes Attachments: 2.2020-985JOINT POWERS AGREEMENT, SOUTHERN CALIFORNIA COASTAL WATER RESEARCH PROJECT AUTHORITY (SCCWRP) RECOMMENDATION: Recommend to the Board of Directors to: A. Adopt Resolution No. OCSD 20-04 entitled, “A Resolution of the Board of Directors of the Orange County Sanitation District approving the Tenth Amended Joint Powers Agreement confirming the creation of the agency known as Southern California Coastal Water Research Project Authority (SCCWRP), providing for continuation of SCCWRP for five years from July 1, 2021 through June 30, 2026”; and Page 1 of 4 STEERING COMMITTEE Regular Meeting Agenda Wednesday, July 22, 2020 B. Approve annual funding in the amount of $515,000 for FY 2021/22; $530,450 for FY 2022/23; $546,363 for FY 2023/24; $562,754 for FY 2024/25; and $579,637 for FY 2025/26. Originator:Jim Herberg Agenda Report Draft Resolution No. OCSD 20-04 JPA 10th Amendment Attachments: NON-CONSENT: 3.2020-1167GENERAL MANAGER’S FISCAL YEAR 2020-21 DRAFT WORK PLAN RECOMMENDATION: Receive and file the General Manager’s Fiscal Year 2020-21 Draft Work Plan. Originator:Jim Herberg Agenda Report General Manager's Draft FY 2020-21 Work Plan 2020 Strategic Plan 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 2020-1166CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION - GOVERNMENT CODE SECTION 54956.9(D)(1) RECOMMENDATION: Convene in Closed Session: Page 2 of 4 STEERING COMMITTEE Regular Meeting Agenda Wednesday, July 22, 2020 Number of Cases: 1 Victor Garcia vs. OCSD, Workers Compensation Appeals Board Case No. WC648C32852 Agenda Report Memo re V. Garcia WCAB Claim Attachments: CS-2 2020-1165CONFERENCE 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-3 2020-1164PUBLIC EMPLOYEE PERFORMANCE EVALUATION 54957(b)(1) RECOMMENDATION: Convene in Closed Session: Public Employee Performance Evaluation Number of Employees: 1 ·General Manager Agenda Report Memo re General Manager 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: BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING: At this time Directors may request staff to place an item on a future agenda. Page 3 of 4 STEERING COMMITTEE Regular Meeting Agenda Wednesday, July 22, 2020 ADJOURNMENT: The next Steering Committee meeting is scheduled for Wednesday, August 26, 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 #:2020-1090 Agenda Date:7/22/2020 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 June 24, 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)may be viewed on-line at the OCSD website (www.ocsd.com)with the complete agenda package: ·Minutes of the Regular Meeting of June 24, 2020 Orange County Sanitation District Printed on 7/14/2020Page 1 of 1 powered by Legistar™ Orange County Sanitation District Minutes for the STEERING COMMITTEE Wednesday, June 24, 2020 5:00 PM Board Room 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, June 24, 2020 at 5:04 p.m. in the Administration Building of the Orange County Sanitation District. Chair Shawver stated that the meeting was being held telephonically and via audio/video teleconferencing in accordance with the Governor's Executive Order No. N-29-20, due to the Coronavirus Pandemic (COVID-19). The Clerk of the Board announced the teleconference meeting guidelines and stated that votes will be taken by roll call. DECLARATION OF QUORUM: A quorum was declared present, as follows: PRESENT:David Shawver, John Withers, Robert Collacott, Peter Kim, Glenn Parker, Tim Shaw and Chad Wanke ABSENT:None STAFF MEMBERS PRESENT: Jim Herberg, General Manager; Kelly Lore, Clerk of the Board; and Brian Engeln were present in the Board Room. Assistant General Manager Lorenzo Tyner, Assistant General Manager Rob Thompson, Director of Engineering Kathy Millea, Director of Environmental Services Lan Wiborg, Director of Human Resources Celia Chandler,Tom Grant, Laura Klinger,Tina Knapp, Laura Maravilla, Jeff Mohr, and Wally Ritchie participated telephonically. OTHERS PRESENT: Brad Hogin (General Counsel) was present in the Board Room. PUBLIC COMMENTS: None. Clerk of the Board Kelly Lore announced that she received a request from General Manager Jim Herberg to pull Item No. 3 from the agenda. REPORTS: Chair Shawver announced that the July Operations, Administration, and Legislative and Public Affairs Committees will be held on their regular date and time and will continue to take place remotely. Page 1 of 4 STEERING COMMITTEE Minutes June 24, 2020 General Manager Jim Herberg provided a brief COVID-19 update. CONSENT CALENDAR: 1.APPROVAL OF MINUTES 2020-1111 Originator: Kelly Lore MOVED, SECONDED, AND DULY CARRIED TO: Approve Minutes of the Regular Meeting of the Steering Committee held May 27, 2020. AYES:David Shawver, John Withers, Robert Collacott, Peter Kim, Glenn Parker, Tim Shaw and Chad Wanke NOES:None ABSENT:None ABSTENTIONS:None 2.GENERAL MANAGER’S FY 2019-2020 WORK PLAN YEAR-END UPDATE 2020-1049 Originator: Jim Herberg MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: Receive and file the General Manager’s FY 2019-2020 Work Plan Year-End Update. AYES:David Shawver, John Withers, Robert Collacott, Peter Kim, Glenn Parker, Tim Shaw and Chad Wanke NOES:None ABSENT:None ABSTENTIONS:None NON-CONSENT: None. INFORMATION ITEMS: 3.INTERIM FOOD WASTE RECEIVING FACILITY, PROJECT NO. P2-124, AND PRICING POLICY DISCUSSION 2020-1092 Originator: Lorenzo Tyner ITEM WAS PULLED FROM THE AGENDA. Information Item. Page 2 of 4 STEERING COMMITTEE Minutes June 24, 2020 CLOSED SESSION: CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS 54956.9(d)(4) & 54957(b)(1): The Committee convened in closed session at 5:15 p.m. to discuss two 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. CS-1 CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED LITIGATION - GOVERNMENT CODE SECTION 54956.9(d)(4) 2020-1112 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 PUBLIC EMPLOYEE PERFORMANCE EVALUATION 54957(b)(1)2020-1005 CONVENED IN CLOSED SESSION: Public Employee Performance Evaluation Number of Employees: 1 ·General Manager RECONVENED IN REGULAR SESSION. The Committee reconvened in regular session at 6:02 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. Page 3 of 4 STEERING COMMITTEE Minutes June 24, 2020 ADJOURNMENT: Chair Shawver declared the meeting adjourned at 6:03 p.m. to the next Steering Committee meeting to be held on Wednesday, July 22, 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 #:2020-985 Agenda Date:7/22/2020 Agenda Item No:2. FROM:James D. Herberg, General Manager SUBJECT: JOINT POWERS AGREEMENT,SOUTHERN CALIFORNIA COASTAL WATER RESEARCH PROJECT AUTHORITY (SCCWRP) GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Recommend to the Board of Directors to: A. Adopt Resolution No. OCSD 20-04 entitled, “A Resolution of the Board of Directors of the Orange County Sanitation District approving the Tenth Amended Joint Powers Agreement confirming the creation of the agency known as Southern California Coastal Water Research Project Authority (SCCWRP), providing for continuation of SCCWRP for five years from July 1, 2021 through June 30, 2026”; and B. Approve annual funding in the amount of $515,000 for FY 2021/22; $530,450 for FY 2022/23; $546,363 for FY 2023/24; $562,754 for FY 2024/25; and $579,637 for FY 2025/26. BACKGROUND The Southern California Coastal Water Research Project Authority (SCCWRP)is a research institute formed in 1969 as a Joint Powers agency (JPA).The JPA agreement results from the signatory agencies,the Orange County Sanitation District (Sanitation District),the City of Los Angeles,the City of San Diego,and the County Sanitation Districts of Los Angeles County,pooling resources to address the scientific understanding of linkages among human activities,natural events,and the health of the Southern California coastal environment.This Agreement provides for the continuation of SCCWRP,a public entity separate and apart from the Signatories.The item is being brought forward now due to the necessary approvals and signature compilations of each agency. RELEVANT STANDARDS ·Maintain collaborative and cooperative relationships with regulators,resource recovery and watershed agencies ·Leverage resources through cooperative projects with regional agencies in marine monitoring and improvements in environmental analysis Orange County Sanitation District Printed on 7/14/2020Page 1 of 2 powered by Legistar™ File #:2020-985 Agenda Date:7/22/2020 Agenda Item No:2. RAMIFICATIONS OF NOT TAKING ACTION The Sanitation District would cease to be a member of SCCWRP and no longer be a participant in coordinated regional studies,benefit directly from SCCWRP research studies,and would no longer have direct access to open discussions with regulatory staff. PRIOR COMMITTEE/BOARD ACTIONS April 2016 -Approve Resolution No.OCSD 16-06,Ninth Amended Joint Powers Agreement confirming the creation of an agency known as Southern California Coastal Water Research Project Authority. ADDITIONAL INFORMATION The Sanitation District is a founding member of SCCWRP and has held continuous membership since its inception.SCCWRP membership provides three major benefits to the Sanitation District:1) SCCWRP is an unbiased regional provider for research focused on areas of concern of its members agencies and the environmental community at large,2)SCCWRP coordinates regional studies and inter-agency collaborations for its members,such as the quinquennial Bight projects,and 3) SCCWRP provides a forum where regulators and the regulated community can engage in open and productive dialog to address areas of concern or compliance issues,involving current and future permit requirements to achieve the goals of both agencies. CEQA N/A FINANCIAL CONSIDERATIONS This request complies with authority levels of the Sanitation District's Purchasing Ordinance.This item has been budgeted. 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 20-04 ·SCCWRP Tenth Amended Joint Powers Agreement Orange County Sanitation District Printed on 7/14/2020Page 2 of 2 powered by Legistar™ OCSD 20-04-1 RESOLUTION NO. OCSD 20-04 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ORANGE COUNTY SANITATION DISTRICT APPROVING THE TENTH AMENDED JOINT POWERS AGREEMENT CONFIRMING THE CREATION OF AN AGENCY KNOWN AS SOUTHERN CALIFORNIA COASTAL WATER RESEARCH PROJECT AUTHORITY (SCCWRP), PROVIDING FOR CONTINUATION OF SCCWRP FOR FOUR YEARS FROM JULY 1, 2021 THROUGH JUNE 30, 2026 The Board of Directors of Orange County Sanitation District, DOES HEREBY RESOLVE, DETERMINE AND ORDER as follows: Section 1: That certain Tenth Amended Joint Powers Agreement Confirming the Creation of an Agency Known as Southern California Coastal Water Research Project Authority (SCCWRP), dated July 1, 2021, by and between Orange County Sanitation District and the City of Los Angeles, County Sanitation District No. 2 of Los Angeles County, and the City of San Diego, providing for continuation of SCCWRP for a five-year period from July 1, 2021 through June 30, 2026, is hereby approved and accepted. Section 2: That payment of the District’s proportional share of the contribution by the signatory agencies, in a total amount not to exceed $1,850,000, is hereby approved, as follows: FY 2021-2022 FY 2022-2023 FY 2023-2024 FY 2024-2025 FY 2025-2026 $ 515,000 $ 530,450 $ 546,363 $ 562,754 $ 579,637 Section 3: That the Chair and Clerk of the Board of the Orange County Sanitation District are hereby authorized and directed to execute said Agreement in a form approved by the General Counsel. OCSD 20-04-2 PASSED AND ADOPTED at a regular meeting of the Board of Directors held July 22, 2020. _______________________________ David John Shawver Board Chairman ATTEST: ___________________________ Kelly A. Lore, MMC Clerk of the Board OCSD 20-04-3 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 20-04 was passed and adopted at a regular meeting of said Board on the 22nd day of July 2020, 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 22nd day of July 2020. Kelly A. Lore, MMC Clerk of the Board of Directors Orange County Sanitation District 1 TENTH AMENDED JOINT POWERS AGREEMENT CONFIRMING THE CREATION OF AN AGENCY KNOWN AS SOUTHERN CALIFORNIA COASTAL WATER RESEARCH PROJECT AUTHORITY This Amended Joint Powers Agreement which confirms the creation of an agency known as SOUTHERN CALIFORNIA COASTAL WATER RESEARCH PROJECT AUTHORITY , commonly known as SCCWRP, is made and entered into effective the first day of July, 2021, by and between the City of Los Angeles, a municipal corporation ("Los Angeles"), the Orange County Sanitation District, a special district ("Orange County District"), the City of San Diego, a municipal corporation ("San Diego") and County Sanitation District No. 2 of Los Angeles County, a special district ("Los Angeles County District"), hereinafter "Signatories" (collectively) or "Signatory" (individually). WHEREAS, the Signatories entered into a Ninth Amended Joint Powers Agreement confirming the creation of an agency known as Southern California Coastal Water Research Project Authority, effective July 1, 2017; WHEREAS, it is the desire of the Signatories to provide for the continuation of SCCWRP pursuant to this Tenth Amended Joint Powers Agreement ("Agreement"): NOW, THEREFORE, the Signatories hereto do agree as follows: 1. PURPOSE This Agreement provides for the continuation of a public entity separate and apart from the Signatories to this Agreement to administer this Agreement, the purpose of which is to enhance the scientific foundation for management of Southern California’s ocean and associated coastal watershed resources. 2. CREATION OF SCCWRP Pursuant to Article 1, Chapter 5, Division 7, Title 1 Government Code (Sections 6500 et seq.), the parties hereby confirm the existence of an agency as a public entity, separate and apart from the Signatories to this Agreement to be known as SOUTHERN CALIFORNIA COASTAL WATER RESEARCH PROJECT AUTHORITY (hereinafter "SCCWRP"). Such agency shall, through the Commission referred to below, administer and execute this Agreement. 2 3. ORGANIZATION SCCWRP shall be governed by a ten-member Commission composed of representatives of public bodies with accountability for water quality management and aquatic protection in the Southern California Bight as follows: (a) Associate Director, Water Division, U.S. Environmental Protection Agency, Region IX; (b) Deputy Director, Division of Water Quality, California State Water Resources Control Board; (c) Executive Officer, Regional Water Quality Control Board - Los Angeles Region; (d) Executive Officer, Regional Water Quality Control Board - Santa Ana Region; (e) Executive Officer, Regional Water Quality Control Board - San Diego Region; (f) Director, Bureau of Sanitation, City of Los Angeles; (g) Chief Engineer and General Manager, County Sanitation District No. 2 of Los Angeles County; (h) General Manager, Orange County Sanitation District; (i) Director of Public Utilities, City of San Diego; and (j) Ocean Protection Council Executive Director/Deputy Secretary for Ocean and Coastal Policy, California Natural Resources Agency. The Commission shall meet at least four times each calendar year and at such other appropriate intervals as are necessary to conduct the business of SCCWRP. All such meetings shall be subject to the Ralph M. Brown Act, commencing with Section 54950 of the Government Code of the State of California. Five members shall constitute a quorum and a simple majority vote of that quorum shall be required for action to be taken. A staff designee may be appointed as an alternate by the person holding the offices set forth above and shall act as a member of the Commission in place of such officer during his or her absence, inability or refusal to act and shall serve indefinitely at the pleasure of the appointing officer and until a successor is appointed, or until such designee dies, becomes incapacitated or resigns. Such designation shall be in writing and shall be delivered to the Executive Director at the offices of SCCWRP. Upon the concurrence of two-thirds vote of the members of the Commission, public bodies of the Commission may designate a new permanent representative. 3 The Commission shall, at its first meeting and thereafter at its first meeting following July 1 of each succeeding year, elect a Chair and Vice-Chair from among its members. The Vice -Chair shall assume the responsibilities of the Chair in the absence of the Chair and the Chair’s alternate. The Commission members shall serve for a term identical to the term of this Agreement, and such term shall be extended automatically as the Agreement is extended. The Commission members shall not be entitled to compensation for attendance or expenses. Administrative and purchasing policies and procedures shall be established by the Commission and shall comply with the law of the State of California. The debts, liabilities and obligations of SCCWRP shall not constitute the debts, liabilities or obligations of any of the Commission members or members of any Advisory Board of SCCWRP. Such debts, liabilities or obligations shall only be those of SCCWRP. Upon the concurrence of two-thirds vote of the members of the Commission, other public agencies having a power common to the Signatories may be added as parties to this Agreement and each such party shall acknowledge its agreement to the terms hereof by executing this Agreement upon authorization of its governing Board. Such additional agency or agencies shall have responsibilities identical to those of the Signatories as set forth in paragraph 4 hereof; and the Chief Executive Officer thereof, together with his or her designee, shall be a member and alternate member of the Commission with those powers conferred upon the Signatories. The financial contribution required of such additional agency or agencies shall be determined by a majority of the Commission members representing the Signatories. 4. COMMISSION RESPONSIBILITIES The responsibilities of the Commission shall include, but not be limited to, the following: (a) Establishing and appointing members of advisory boards, committees, other like groups and consultants as it deems appropriate to further the purposes of this Agreement; (b) Hiring an Executive Director and establishing his or her responsibilities in addition to those detailed herein. Two-thirds vote of the members of the Commission shall be required for hiring the Executive Director; (c) Overseeing development and approving SCCWRP’s Research Plan; (d) Approving the SCCWRP’s Annual Operating Budget, recognizing that the contributions of the Signatories shall be as provided in Section 8 hereof and taking into account other projected sources of income; 4 (e) Reviewing and approving, on an annual basis, the salaries and benefits for the Executive Director and other staff. Two-thirds vote of the members of the Commission including two-thirds of the signatories shall be required for adoption; (f) Conducting a performance review of the Executive Director on an annual basis; (g) Reviewing the financial status of SCCWRP; (h) Establishing objectives, priorities, policies, guidelines, and other such responsibilities as may be appropriate from time to time; and (i) Taking such further action as it deems appropriate to carry out the purposes of this Agreement. 5. ASSOCIATE COMMISSION MEMBERS Associate Commission members attend and participate fully in Commission meetings, and are entitled to one-quarter vote. Associate Commission members shall have responsibilities identical to those of the Signatories as set forth in Section 4 above. Upon execution of the attached Associate Commission Member Agreement, SCCWRP’s Associate Commission members shall be composed of representatives of public bodies with accountability for water quality management and aquatic protection as follows: Ventura County Watershed Protection District; Los Angeles County Flood Control District; County of Orange; and County of San Diego. Upon concurrence of two-thirds vote of the members of the Commission, other public agencies having a power common to the Signatories may be invited to become Associate Commission Members of the agency. Each party shall acknowledge its agreement to the terms set forth in an associate Commission member agreement. Thereupon the Chief Executive Officer thereof, or substitute representative pursuant to Section 3, or his or her designee as an alternate, shall serve as members of the Commission. 6. ADVISORY BOARDS The Commission may from time to time appoint one or more advisory boards to assist in carrying out the objectives of SCCWRP. The Commission shall determine the purpose and need for such board(s) and the necessary qualifications for individuals appointed to the board(s). 5 Each member of the advisory board(s) shall be entitled to compensation for his or her consulting services as established by the Commission from time to time. In addition, each member of the advisory board(s) shall be entitled to reimbursement for actual expenses reasonably and necessarily incurred, as well as travel and per diem expenses in an amount or at a rate established from time to time by the Commission. 7. EXECUTIVE DIRECTOR The Commission shall appoint an Executive Director under whose general supervision and control SCCWRP shall be conducted. In accordance with paragraph 4(b) the Executive Director shall be appointed by the Commission and shall serve at the pleasure of the Commission. The Executive Director's compensation shall be set at a level that adequately takes into consideration factors including, but not limited to, the proficiency with which the agency is directed, the degree of satisfactory progress in completing the approved research plan, success in obtaining outside funding and success in managing SCCWRP's budget. 8. EXECUTIVE DIRECTOR'S RESPONSIBILITIES The Executive Director's responsibilities shall include, but not be limited to: (a) Developing recommended research priorities and objectives for consideration by the Commission and directing research programs; (b) Reviewing and editing reports and manuscripts produced by SCCWRP's scientific staff; (c) Managing day-to-day operations; (d) Managing the personnel activities of SCCWRP as is necessary to fulfill the purposes of this Agreement, subject to such periodic review and approval as the Commission deems appropriate; (e) Delegating such authority as is necessary to staff to insure the smooth operation of the organization: (f) Securing outside grants and other funding in support of SCCWRP's research objectives in accordance with the provisions of Section 9 regarding grants and contracts;; (g) Entering into agreements on behalf of SCCWRP in accordance with the policies and procedures governing purchases of supplies, equipment and services adopted from time to time by the Commission; (h) Providing reports to the Commission on the status of research in progress, Annual Operating Budgets (actual versus budgeted) and cash flow analysis; 6 (i) Having charge of handling and having access to any property of SCCWRP upon the filing of a fidelity bond in the amount of Fifty Thousand Dollars ($50,000); and (j) Acting as Secretary to SCCWRP until such time as the Commission appoints another person to this office. 9. FUNDING Each Signatory shall provide annual funding on July 1 of each year for SCCWRP during the term of this agreement according to the following schedule: FY 2021/22 FY 2022/23 FY 2023/24 FY 2024/25 FY 2025/26 $515,000 $530,450 $546,363 $562,754 $579,637 Each Associate Commission member of the agency will be required to provide annual funding on July 1 of each year according to the following schedule: FY 2021/22 FY 2022/23 FY 2023/24 FY 2024/25 FY 2025/26 $128,750 $132,613 $136,591 $140,689 $144,909 The fiscal year (FY) is defined as being from July 1 of the current calendar year to and including June 30 of the following calendar year. As a condition to the addition of any public agency as party to this Agreement pursuant to paragraph 3 hereof, the public agencies which are then signatories to this Agreement may, by a vote of their Commission representatives, modify the funding set forth above in a manner which takes into account the financial needs of SCCWRP, provided that funding of any existing signatory shall not exceed that set forth above. In such event, all new and existing Signatories, through their Commission representatives, shall execute a supplement to this Agreement entitled Supplement To Funding Pursuant to Paragraph 9 and shall attach it to this Agreement. It is further agreed that SCCWRP, through its Executive Director, shall use its best efforts in procuring sources of income other than contributions from the Signatories. Such sources include, but are not limited to, income from grants or contracts from federal and state agencies. Grants and contracts may be entered into by the Executive Director, or Deputy Director in his/her absence, to the limit of One Hundred Thousand Dollars ($100,000) per individual agreement and any grant or contract in excess of said sum but no more than Two Hundred and Fifty Thousand Dollars ($250,000) may be entered into by the Executive Director, or Deputy Director in his/her absence, provided it is approved by the Chair of the Commission prior to acceptance and execution by the Executive Director or Deputy Director. Any grant or contract in excess of Two Hundred and Fifty Thousand Dollars ($250,000) shall require the prior express approval of the Commission, or by the Chair of the Commission should an emergency action be required prior to the next Commission meeting. 7 The Commission shall yearly, on or before June 30, adopt and issue an estimated Annual Operating Budget that projects the funds necessary to maintain and operate SCCWRP for the forthcoming fiscal year being from July 1 of the current calendar year to and including June 30 of the following calendar year. The Budget shall, among other things, contain a statement of anticipated outside sources of revenue and shall not exceed the sum of the total contributions by the signatories, as hereinabove provided, plus the outside revenue. In the event that any Signatory is unable or unwilling to pay to SCCWRP the funding attributable to it for the upcoming fiscal year as set forth above, then such Signatory shall notify in writing each of the other Signatories and SCCWRP of its inability no later than February 1. Such Signatory shall thereupon be deemed to have withdrawn from this Agreement and SCCWRP created hereby, effective as of July 1 of such year. SCCWRP shall continue in effect and all provisions hereof shall be binding except that the maximum net funds which may be requested of the Signatories shall not be increased above the individual agency contributions set forth above, unless otherwise agreed to by all of the remaining Signatories. In the absence of such notification, each Signatory shall be deemed to have consented to such expenditure and the amount thereof shall, on July 1, become an enforceable obligation of each Signatory to the extent permitted by law. Nothing in this Agreement shall preclude a Signatory from advancing all or a portion of its contribution to SCCWRP. None of the Signatories to this Agreement shall be entitled by virtue of withdrawal to receive any payment of money or share of assets of SCCWRP except as may be agreed upon by the remaining Signatories. 10. TERM AND TERMINATION This Amended Joint Powers Agreement shall remain in full force and effect from July 1, 2021 through June 30, 2026 inclusive. In the event that any Signatory chooses to withdraw from SCCWRP, then such Signatory shall notify in writing each of the other Signatories and SCCWRP of its decision, no later than February 1. Such Signatory shall thereupon be deemed to have withdrawn from this Agreement and SCCWRP created hereby effective as of June 30 of such year. SCCWRP shall continue in effect and all provisions hereof shall be binding upon and inure to the benefit of the remaining Signatories. In the event that any non-Signatory agency of the Commission chooses to withdraw from SCCWRP, then such Commission agency shall notify SCCWRP of its decision in writing at least thirty (30) days prior to the date of anticipated withdrawal. Such Commission agency shall be thereupon deemed withdrawn from participation on the date specified in this notice provided such notice is given at least 30 days prior to the anticipated withdrawal and SCCWRP. SCCWRP shall continue in effect and be governed by the remaining Commission members. 8 11. SCOPE AND CONDUCT OF SCCWRP The scope of SCCWRP's research work shall be reviewed and approved annually by the Commission, which shall seek the advice and counsel of the Executive Director and any other outside advisors deemed necessary or appropriate. The mechanism for review shall be a working research plan, revised annually or as otherwise necessary as determined by the Commission, stating the overall goals and objectives and including an outline of the known current and anticipated future year's research, staffing and funding necessary to successfully achieve the research objectives of this Agreement. The Commission shall, from time to time, but not less than once each year, submit a report to the governing bodies of each of the Signatories of this Agreement that shall include, but not be limited to, a summary of research accomplishments during the past year, discussion of research in progress and a financial statement. 12. AGENCIES OF SCCWRP The Executive Director is hereby appointed the Treasurer of SCCWRP and shall be responsible for the disposition of the funds of SCCWRP. The Executive Director is also appointed Auditor of SCCWRP. The Treasurer and Auditor shall make such reports and cause such audits of the accounts and records of SCCWRP to be made as are required by law. The Commission shall employ such legal counsel as it determines shall best serve the interests of SCCWRP. SCCWRP shall be strictly accountable for all funds and shall report all receipts and disbursements. The manner of exercising the common power provided for herein shall be subject to the restrictions on the manner of exercising such power of the Los Angeles County District. 13. ACCOUNTING SCCWRP shall establish and maintain such funds and accounts as may be required by good accounting practice. The Treasurer of SCCWRP shall have custody of the funds of SCCWRP and disbursement shall be made by the Treasurer in accordance with applicable procedures. Any earnings on the funds of SCCWRP shall be credited to and be a part of the funds of SCCWRP. The fiscal year of SCCWRP shall begin on the first day of July of each year and shall end on the thirtieth day of June of the following. 9 The Auditor shall contract with an independent certified public accountant to make an annual audit of the account and records of SCCWRP. A report thereof shall be filed as a public record with each of the Signatories and also with the County Auditor of the Counties of Los Angeles, Orange and San Diego. Such report shall also be filed with the Secretary of the State of California and shall be filed within twelve (12) months of the end of the fiscal year under such examination. The cost of the audit shall be a debt of SCCWRP. 14. POWERS AND DUTIES OF SCCWRP SCCWRP shall and is hereby authorized in its own name to do all things necessary and desirable (subject to the limitations provided in this Agreement) to carry out the purposes of this Agreement, including, but not limited to, the following: (a) To make and enter into contracts; (b) To employ agents and employees; (c) To acquire, construct, manage, maintain or operate any buildings, works or improvements; (d) To acquire, hold or dispose of property; (e) To incur debts, liabilities and obligations which shall not constitute the debts, liabilities or obligations of any of the Signatories or any of the Commission members; and (f) To sue and be sued in its own name. 15. DISPOSITION OF PROPERTY AND SURPLUS FUND At the termination of this Agreement, any and all property, funds, assets and interests therein of SCCWRP shall become the property of and be distributed to such of the Signatories as are then members of SCCWRP, or their successors, in the same proportion as the then Signatories, or their successors, have contributed to the total cost of the agency. 16. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances and rules, all pension, relief, disability, workers compensation and other benefits which apply to the activities of officers, agents or employees of any of the public agencies which are signatory to this Agreement when performing their respective functions within the territorial limits of their respective public agencies, shall apply to them to the same degree and extent while engaged in the performance of any of their functions and duties extra-territorially under the provisions of this Agreement. 10 17. MISCELLANEOUS The section headings herein are for convenience only and are not to be construed as modifying or governing the language in the section referred to. 18. SUCCESSORS This agreement shall be binding upon and shall inure to the benefit of the successors of the parties. 19. INDEMNIFICATION AND LIABILITY INSURANCE SCCWRP shall carry during the entire term of this Agreement, liability insurance coverage, naming all Signatories and others including Commission members as additional insured parties, in such kind and amounts as the Commission may from time to time determine to be appropriate. Such cost shall be a debt of SCCWRP. SCCWRP shall indemnify and hold harmless each Commission agency, its officers, agents, and employees, including each agency representative from and against all claims, demands or liability, including legal costs, arising out of or encountered in connection with this Agreement and the activities conducted hereunder and shall defend them and each of them against any claim, cause of action, liability, or damage resulting therefrom. 20. DISCLAIMER Approval of research work by the Commission is not intended in any way to bind, commit or unduly influence decisions of the Signatory or non-Signatory members of the Commission. The findings, conclusions and recommendations of SCCWRP shall not be construed necessarily as the position of any Signatory or non-Signatory member of the Commission. 21. COUNTERPART This Agreement may be signed in several counterparts, each of which shall be deemed an original and all of which shall constitute but one and the same agreement. IN WITNESS THEREOF, the parties have executed this Ninth Amended Agreement on the dates hereafter set forth. 11 CITY OF LOS ANGELES, a municipal corporation By: _______________________________ DATED: __________________________ ATTEST: _________________________ APPROVED AS TO FORM: By: _______________________________ 12 ORANGE COUNTY SANITATION DISTRICT, a special district By: _______________________________ James D. Herberg General Manager DATED: __________________________ ATTEST: _________________________ Kelly A. Lore Clerk of the Board APPROVED AS TO FORM: By: _______________________________ Bradley R. Hogin General Counsel [Signatures Continue] 13 CITY OF SAN DIEGO, a municipal corporation By: _______________________________ DATED: __________________________ ATTEST: _________________________ APPROVED AS TO FORM: By: _______________________________ 14 COUNTY SANITATION DISTRICT No. 2 OF LOS ANGELES COUNTY, a special district By: _______________________________ DATED: __________________________ ATTEST: _________________________ APPROVED AS TO FORM: By: _______________________________ (End of Signatures) Orange County Sanitation District STEERING COMMITTEE Agenda Report Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 File #:2020-1167 Agenda Date:7/22/2020 Agenda Item No:3. FROM:James D. Herberg, General Manager Originator: James D. Herberg, General Manager SUBJECT: GENERAL MANAGER’S FISCAL YEAR 2020-21 DRAFT WORK PLAN GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Receive and file the General Manager’s Fiscal Year 2020-21 Draft Work Plan. BACKGROUND Each year,the General Manager prepares a work plan of activities supporting the Orange County Sanitation District’s strategic goals and initiatives to be accomplished during the fiscal year.The draft work plan is being submitted to the Steering Committee for review and input from the Directors.A final work plan will be submitted to the Steering Committee and Board of Directors for approval in August. RELEVANT STANDARDS ·Sustain 1, 5, 20-year planning horizons ·24/7/365 treatment plant reliability ·Negotiate fair and equitable labor agreements ·Commitment to safety & reducing risk in all operations ·Meet volume and water quality needs for the GWRS ·Maintain a culture of improving efficiency to reduce the cost to provide the current service level or standard PRIOR COMMITTEE/BOARD ACTIONS The General Manager provides his draft and final work plan annually and provides updates accordingly. ADDITIONAL INFORMATION The General Manager’s work plan includes goals for the 2020-2021 fiscal year.The work plan has four areas of focus,which follows the structure of the 2020 Strategic Plan (link included as an attachment)adopted by the Board of Directors on November 20,2019 that include:Business Orange County Sanitation District Printed on 7/15/2020Page 1 of 2 powered by Legistar™ File #:2020-1167 Agenda Date:7/22/2020 Agenda Item No:3. attachment)adopted by the Board of Directors on November 20,2019 that include:Business Principles, Environmental Stewardship, Wastewater Management, and Workplace Environment. CEQA N/A FINANCIAL CONSIDERATIONS All items included in the General Manager’s work plan are budgeted in the 2020-2021 and 2021-2022 Budget and are in alignment with the policy set forth by the Board of Directors in the 2020 Strategic Plan. ATTACHMENT The following attachment(s)may be viewed on-line at the OCSD website (www.ocsd.com)with the complete agenda package: ·General Manager’s Draft Fiscal Year 2020-2021 Proposed Work Plan ·2020 Strategic Plan:<http://myocsd/gm/pio/Documents/StrategicPlan2019_Final.pdf> Orange County Sanitation District Printed on 7/15/2020Page 2 of 2 powered by Legistar™ ORANGE COUNTY SANITATION DISTRICT Memorandum July 22, 2020 TO: Chairman and Members of the Board of Directors FROM: James D. Herberg, General Manager SUBJECT: DRAFT General Manager’s Fiscal Year 2020-2021 Proposed Work Plan I am pleased to present my proposed work plan for Fiscal Year 2020-2021. This plan has been developed based on the 2020 Strategic Plan adopted by the Board of Directors on November 20, 2019 and is organized under the four Strategic Planning categories: Business Principles, Environmental Stewardship, Wastewater Management, and Workplace Environment. The 17 work plan goals that I am proposing for next year support our efforts to ensure that our operations are safe; we continue to attract, develop, and retain a capable workforce; and that we enhance our sustainability by maximizing water recycling and implement sound financial practices. This forward-looking work plan is designed to position our agency to continue providing our customers with a high level of service while seizing opportunities and meeting future challenges. 1. Business Principles  Budget Control and Fiscal Discipline – Provide the Administration Committee with an analysis of options, including an IRS Section 115 Trust, for funding the Sanitation District’s pension obligations by October 31, 2020.  Asset Management – Update the Asset Management Plan by December 31, 2020 including an inventory of critical assets for each process area and the Page 2 collection system; an evaluation of their condition and performance; and an updated implementation plan to maintain, rehabilitate, and replace these assets to meet the required levels of service at the lowest life cycle cost and at an acceptable level of risk.  Headquarters Project – Solicit bids to construct Headquarters Complex, Project No. P1-128A, by December 31, 2020.  Cybersecurity/Safety – Develop and conduct two emergency response and recovery drills for our interplant digester gas line and a cybersecurity breach by June 30, 2021.  Property Management – Inspect real property, easements, and rights-of- way for encroachments and encumbrances which limit access or impede proper use of the right-of-way by December 31, 2020. Develop action plans by June 30, 2021 that restore long-term use for identified encroachments or encumbrances. 2. Environmental Stewardship  COVID-19 Pandemic Response and Recovery – Continue to respond to the COVID-19 pandemic with operations remaining in full permit compliance while providing a safe workplace and complying with the Center for Disease Control and Prevention health official guidance, and applicable employment and labor laws. Develop a “reopening plan” and present it to the Board of Directors by September 30, 2020.  Energy Independence – Overhaul two Central Generation Engines to begin the second 25-year operations cycle for the Central Generation Facilities by June 30, 2021.  Climate and Catastrophic Event Resilience – Execute a contingency biosolids disposal agreement with Orange County Waste and Recycling to Page 3 formally establish a local emergency failsafe biosolids disposal option by March 31, 2021.  Food Waste Treatment – Complete market assessment for food waste feedstock co-digestion at the Sanitation District. Issue a Request for Information and evaluate the response and draft the Request for Proposal by March 31, 2021. Solicit bids by September 30, 2020 to construct the Interim Food Waste Facilities at Plant No. 2, Project No. P2-124, and begin construction by March 31, 2021.  Water Reuse – Study alternatives to reduce the use of City Water in Sanitation District operations by October 31, 2020 and implement water saving measures by June 30, 2021.  Environmental Water Quality, Stormwater Management, and Urban Runoff – Complete business process mapping for source control permit management, compliance data management, and Environmental Protection Agency compliant reporting to evaluate the current system and alternatives for enhancing the system. Complete final report and recommendations by March 31, 2021. 3. Wastewater Management  Chemical Sustainability – The Sanitation District will develop a plan to maintain at least two suppliers for Iron based coagulants at all times with a final report out to the Board of Directors by June 30, 2021.  Biosolids Management – Conduct an annual review of the regulatory aspects of the Sanitation District’s Biosolids Management Plan to adjust for evolving regulations for contaminants of emerging concern and update contingency options as needed. Provide an informational update to the Board of Directors by June 30, 2021. Page 4  Constituents of Emerging Concern – Continue the Sanitation District’s leadership role in developing analytical capability, advocating for sound science and regulations, and identification of significant sources in constituents of emerging concerns such as per- and polyfluoroalkyl (PFAS) and microplastics. Provide an informational briefing to the Board of Directors by June 30, 2021. Provide preliminary results from the California State Water Resources Control Board investigative order for PFAS by June 30, 2021. 4. Workplace Environment  Safety and Physical Security – Complete implementation of an Industrial Hygiene Program and a Job Safety Analysis program to meet the Voluntary Protection Program requirements by June 30, 2021.  Classification and Compensation Study – Begin preparations for an agency wide Classification and Compensation Study by completing a Request for Proposal for a specialized vendor and accessing, discussing, and meeting and conferring regarding the 17 survey agencies by June 30, 2021.  Succession Planning – Conduct two specialized training classes for supervisors, managers, and executive management team members and provide organizational awareness coursework via OCSD University for all employees with a final report out in June 30, 2021. Orange County Sanitation District STEERING COMMITTEE Agenda Report Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 File #:2020-1166 Agenda Date:7/22/2020 Agenda Item No:CS-1 FROM:James D. Herberg, General Manager Originator: Kelly A. Lore, Clerk of the Board SUBJECT: CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION - GOVERNMENT CODE SECTION 54956.9(D)(1) RECOMMENDATION: Convene in Closed Session: Number of Cases: 1 Victor Garcia vs. OCSD, Workers Compensation Appeals Board Case No. WC648C32852 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)may 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 7/14/2020Page 1 of 1 powered by Legistar™ 1506586.1 O 555 A NTON BOULEVARD, SUITE 1200 C OSTA MESA, CA 92626-7670 (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: July 13, 2020 RE: Closed Session Items The Steering Committee desires to hold a closed session on July 22, 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 Victor Garcia vs. OCSD, Workers Compensation Appeal Board Case No. WC648C32852. 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 Orange County Sanitation District STEERING COMMITTEE Agenda Report Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 File #:2020-1165 Agenda Date:7/22/2020 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)may be viewed on-line at the OCSD website (www.ocsd.com)with the complete agenda package: ·Memo from General Counsel Orange County Sanitation District Printed on 7/14/2020Page 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: July 13, 2020 RE: Closed Session Items The Steering Committee desires to hold a closed session on July 22, 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 #:2020-1164 Agenda Date:7/22/2020 Agenda Item No:CS-3 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 Manager 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)may be viewed on-line at the OCSD website (www.ocsd.com)with the complete agenda package: ·Memo from General Counsel Orange County Sanitation District Printed on 7/14/2020Page 1 of 1 powered by Legistar™ 1474148.1 555 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: July 13, 2020 RE: Closed Session Items The Steering Committee desires to hold a closed session on July 22, 2020 for the purpose of conferring for the evaluation of the District’s General Manager. 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 LOS Level Of Service RFP Request For Proposal APWA American Public Works Association MGD Million Gallons Per Day RWQCB Regional Water Quality Control Board AQMD Air Quality Management District MOU Memorandum of Understanding SARFPA Santa Ana River Flood Protection Agency ASCE American Society of Civil Engineers NACWA National Association of Clean Water Agencies SARI Santa Ana River Interceptor BOD Biochemical Oxygen Demand NEPA National Environmental Policy Act SARWQCB Santa Ana Regional Water Quality Control Board CARB California Air Resources Board NGOs Non-Governmental Organizations SAWPA Santa Ana Watershed Project Authority CASA California Association of Sanitation Agencies NPDES National Pollutant Discharge Elimination System SCADA Supervisory Control And Data Acquisition CCTV Closed Circuit Television NWRI National Water Research Institute SCAP Southern California Alliance of Publicly Owned Treatment Works CEQA California Environmental Quality Act O & M Operations & Maintenance SCAQMD South Coast Air Quality Management District CIP Capital Improvement Program OCCOG Orange County Council of Governments SOCWA South Orange County Wastewater Authority CRWQCB California Regional Water Quality Control Board OCHCA Orange County Health Care Agency SRF Clean Water State Revolving Fund CWA Clean Water Act OCSD Orange County Sanitation District SSMP Sewer System Management Plan CWEA California Water Environment Association OCWD Orange County Water District SSO Sanitary Sewer Overflow EIR Environmental Impact Report OOBS Ocean Outfall Booster Station SWRCB State Water Resources Control Board EMT Executive Management Team OSHA Occupational Safety and Health Administration TDS Total Dissolved Solids EPA US Environmental Protection Agency PCSA Professional Consultant/Construction Services Agreement TMDL Total Maximum Daily Load FOG Fats, Oils, and Grease PDSA Professional Design Services Agreement TSS Total Suspended Solids gpd gallons per day PFAS Per- and Polyfluoroalkyl Substances WDR Waste Discharge Requirements GWRS Groundwater Replenishment System PFOA Perfluorooctanoic Acid WEF Water Environment Federation ICS Incident Command System PFOS Perfluorooctanesulfonic Acid WERF Water Environment & Reuse Foundation IERP Integrated Emergency Response Plan POTW Publicly Owned Treatment Works WIFIA Water Infrastructure Finance and Innovation Act JPA Joint Powers Authority ppm parts per million WIIN Water Infrastructure Improvements for the Nation Act LAFCO Local Agency Formation Commission PSA Professional Services Agreement 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 OCSD 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 GWRS process and is eliminated using hydrogen peroxide with extra ultra-violet treatment. NATIONAL BIOSOLIDS PARTNERSHIP (NBP) – An alliance of the NACWA and WEF, with advisory support from the EPA. 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. PER- AND POLYFLUOROALKYL SUBSTANCES (PFAS) – A large group (over 6,000) of human-made compounds that are resistant to heat, water, and oil and used for a variety of applications including firefighting foam, stain and water-resistant clothing, cosmetics, and food packaging. Two PFAS compounds, perfluorooctanesulfonic acid (PFOS) and perfluorooctanoic acid (PFOA) have been the focus of increasing regulatory scrutiny in drinking water and may result in adverse health effects including developmental effects to fetuses during pregnancy, cancer, liver damage, immunosuppression, thyroid effects, and other effects. PERFLUOROOCTANOIC ACID (PFOA) – An ingredient for several industrial applications including carpeting, upholstery, apparel, floor wax, textiles, sealants, food packaging, and cookware (Teflon). PERFLUOROOCTANESULFONIC ACID (PFOS) – A key ingredient in Scotchgard, a fabric protector made by 3M, and used in numerous stain repellents. 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. 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. ORANGE COUNTY SANITATION DISTRICT GLOSSARY OF TERMS 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. OCSD’s service area is in the Santa Ana River Watershed.