HomeMy WebLinkAbout04-28-2021 Steering Committee Meeting Complete Agenda Packet 04-21-2021
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 suspends 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 via 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 by using the eComment feature available
via the webpage above or sending them to OCSanClerk@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, April 27, 2021.
You may also submit comments and questions for the Steering Committee’s
consideration during the meeting by using the eComment feature that will be available
via the webpage above for the duration of the meeting.
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.
April 21, 2021
NOTICE OF MEETING
STEERING COMMITTEE
ORANGE COUNTY SANITATION DISTRICT
REGULAR MEETING – 5:00 P.M.
Wednesday, April 28, 2021
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, April 28, 2021 at 5:00 p.m.
STEERING COMMITTEE AND
BOARD MEETING DATES
May 26, 2021
June 23, 2021
July 28, 2021
August 25, 2021
September 22, 2021
October 27, 2021
November 17, 2021 *
December 15, 2021 *
January 26, 2022
February 23, 2022
March 23, 2022
April 27, 2022
* Meeting will be held on the third Wednesday of the month
STEERING COMMITTEE
(1) Roll Call:
Meeting Date: April 28, 2021 Meeting Time: 5:00 p.m.
Committee Members
David Shawver, Board Chair…………………………………………… ____
John Withers, Board Vice-Chair……………………………………….. ____
Stacy Berry, Operations Committee Chair…………………………. ____
Jesus Silva, LaPA Committee Chair…………………………………… ____
Chad Wanke, Administration Committee Chair……………………… ____
Sandra Massa-Lavitt, Member-At-Large……………………………… ____
Glenn Parker, 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 2/9/2021 BOARD OF DIRECTORS
Complete Roster
AGENCY/CITIES
ACTIVE DIRECTOR
ALTERNATE
DIRECTOR
Anaheim
Stephen Faessel
Jose Diaz
Brea Glenn Parker Steven Vargas
Buena Park Art Brown Connor Traut Cypress Stacy Berry Anne Hertz
Fountain Valley Patrick Harper Glenn Grandis
Fullerton Jesus J. Silva Nick Dunlap
Garden Grove Steve Jones John O’Neill Huntington Beach Kim Carr Dan Kalmick
Irvine Anthony Kuo
Farrah N. Khan
La Habra Rose Espinoza Jose Medrano
La Palma Marshall Goodman Nitesh Patel
Los Alamitos Mark A. Chirco Ron Bates Newport Beach Brad Avery Joy Brenner
Orange Kim Nichols Chip Monaco
Placentia Chad Wanke Ward Smith
Santa Ana Johnathan Ryan Hernandez Nelida Mendoza Seal Beach Sandra Massa-Lavitt
Schelly Sustarsic
Stanton David Shawver Carol Warren Tustin Ryan Gallagher Austin Lumbard
Villa Park Chad Zimmerman Robert Collacott
Sanitary/Water Districts
Costa Mesa Sanitary District
Bob Ooten
Art Perry Midway City Sanitary District Andrew Nguyen
Sergio Contreras 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
STEERING COMMITTEE
Regular Meeting Agenda
Wednesday, April 28, 2021 - 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, April 28, 2021
CALL TO ORDER
ROLL CALL AND DECLARATION OF QUORUM:
Clerk of the Board
PUBLIC COMMENTS:
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 by using the eComment feature available via the webpage above or sending them to
OCSanClerk@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
April 27, 2021.
You may also submit comments and questions for the Steering Committee’s consideration during the meeting by
using the eComment feature that will be available via the webpage above for the duration of the meeting. All
public comments will be provided to the Steering 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.
1.2021-1563APPROVAL OF MINUTES
RECOMMENDATION:
Approve Minutes of the Regular Meeting of the Steering Committee held March 24,
2021.
Originator:Kelly Lore
Agenda Report
03-24-2021 Steering Committee Minutes
Attachments:
NON-CONSENT:
2.2021-1455PROPOSED ANNEXATION NO. OC SAN-66 - MASS ANNEXATION OF
FIVE AREAS IN ANAHEIM, VILLA PARK, AND YORBA LINDA
RECOMMENDATION: Recommend to the Board of Directors to:
Page 1 of 3
STEERING COMMITTEE Regular Meeting Agenda Wednesday, April 28, 2021
A. Authorize Staff to annex five Areas to Orange County Sanitation District within
the Cities of Yorba Linda, Anaheim, and Villa Park;
B. Authorize the General Manager to execute associated Annexation documents in
a form approved by General Counsel;
C. Adopt Resolution No. OC SAN 21-XX entitled, “A Resolution of the Board of
Directors of the Orange County Sanitation District authorizing initiation of
proceedings and requesting the Orange County Local Agency Formation
Commission to take proceedings for the Annexation to the Orange County
Sanitation District, of territory in the Cities of Yorba Linda, Anaheim, and Villa
Park (Annexation No. OC SAN-66 - Mass Annexation of Five Areas in Anaheim,
Villa Park, and Yorba Linda)”; and
D. Forego past Annexation, Capital Facility Capacity Charges, and Annual User
Fees for the parcels to be annexed which are currently discharging sewer flows
to the Orange County Sanitation District.
Originator:Lorenzo Tyner
Agenda Report
OC SAN 21-XX - Resolution Mass Annexation
Exhibit to Resolution OC SAN 21-XX
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 2021-1538CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION -
GOVERNMENT CODE SECTION 54956.9(d)(1)
RECOMMENDATION: Convene in Closed Session:
Number of Cases: 1
Page 2 of 3
STEERING COMMITTEE Regular Meeting Agenda Wednesday, April 28, 2021
Bayside Village Marina, LLC v. Orange County Sanitation District; Orange County
Sanitation District Board of Directors; and Does 1-25, Inclusive, Superior Court of the
State of California for the County of Orange - Central Justice Center Case No.
30-2021-01194238-CU-WM-CXC.
Agenda Report
CS-1 Steering Memo
Attachments:
CS-2 2021-1605CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION -
GOVERNMENT CODE SECTION 54956.9(d)(1)
RECOMMENDATION: Convene in Closed Session:
Number of Cases: 1
Klean Waters, Inc. v. Orange County Sanitation District, United States District Court,
Central District of California, Southern Division, Case No. 8:15-cv-00627...body
Agenda Report
CS-2 Steering Memo
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.
ADJOURNMENT:
The next Steering Committee meeting is scheduled for Wednesday, May 26, 2021 at 5:00
p.m.
Page 3 of 3
STEERING COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1563 Agenda Date:4/28/2021 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 March 24, 2021.
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. OC SAN 21-04
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Minutes of the Steering Committee meeting held March 24, 2021
Orange County Sanitation District Printed on 4/20/2021Page 1 of 1
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Orange County Sanitation District
Minutes for the
STEERING COMMITTEE
Wednesday, March 24, 2021
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, March 24, 2021 at 5:01
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).
ROLL CALL AND DECLARATION OF QUORUM:
Roll call was taken and a quorum was declared present, as follows:
PRESENT:David Shawver, John Withers, Stacy Berry, Glenn Parker, Jesus Silva
and Chad Wanke
ABSENT:Sandra Massa-Lavitt
STAFF MEMBERS PRESENT: Kelly Lore, Clerk of the Board and Joshua Martinez were
present in the Board Room. Jim Herberg, General Manager; Rob Thompson, Assistant
General Manager; Lorenzo Tyner, Assistant General Manager; Kathy Millea, Director of
Engineering; Lan Wiborg, Director of Environmental Services; Laura Maravilla, HR & Risk
Manager; Jennifer Cabral; Mortimer Caparas; Brian Engeln; Tina Knapp; Thomas Vu; and
Ruth Zintzun were in attendance telephonically.
OTHERS PRESENT: Brad Hogin, General Counsel was in attendance telephonically.
PUBLIC COMMENTS:
None.
REPORTS:
Chair Shawver did not provide a report.
General Manager Herberg provided a brief update on the following: Equipment related spill in
Newport Beach, assistance provided to East Orange County Water District with containment
and cleanup of a private property spill, and the State's updated the eligibility for Tier 1B on
March 12 to include water and wastewater workers. OC San employees have been notified
and have begun receiving vaccinations.
Page 1 of 3
STEERING COMMITTEE Minutes March 24, 2021
CONSENT CALENDAR:
1. APPROVAL OF MINUTES 2021-1500
Originator: Kelly Lore
MOVED, SECONDED, AND DULY CARRIED TO:
Approve Minutes of the Regular Meeting of the Steering Committee held February 24,
2021.
AYES:David Shawver, Stacy Berry, Glenn Parker, Jesus Silva and Chad
Wanke
NOES:None
ABSENT:John Withers and Sandra Massa-Lavitt
ABSTENTIONS:None
2. AUTHORIZATION OF CONTRIBUTION TO CASA EDUCATION
FOUNDATION SCHOLARSHIP FUND
2021-1459
Originator: Jim Herberg
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
Adopt Resolution No. OC SAN 21-XX, entitled “A Resolution of the Board of Directors
of the Orange County Sanitation District approving a not to exceed Annual contribution
amount of $2,500 to the California Association of Sanitation Agencies (CASA)
Education Foundation Scholarship Fund beginning FY 2020-2021; and Repealing
Resolution No. OCSD 15-22”.
AYES:David Shawver, Stacy Berry, Glenn Parker, Jesus Silva and Chad
Wanke
NOES:None
ABSENT:John Withers and Sandra Massa-Lavitt
ABSTENTIONS: None
Board Vice-Chair Withers arrived at the meeting at 5:04 p.m.
NON-CONSENT:
3. CENTRAL GENERATION ENGINE OVERHAUL AT PLANT NO. 1 2021-1497
Originator: Rob Thompson
Assistant General Manager Rob Thompson provided a PowerPoint
presentation detailing the Central Generation Engine overhaul, failure of the previous
overhaul, and the urgency to repair the engine.
Page 2 of 3
STEERING COMMITTEE Minutes March 24, 2021
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
A. Award a Sole Source Service Contract to Cooper Machinery Services to provide
a Central Generation Engine No. 1 Overhaul at Plant No. 1, per Proposal
210204-839, for a total amount not to exceed $3,705,932; and
B. Approve a contingency of $741,186 (20%).
AYES:David Shawver, John Withers, Stacy Berry, Glenn Parker, Jesus Silva
and Chad Wanke
NOES:None
ABSENT:Sandra Massa-Lavitt
ABSTENTIONS:None
INFORMATION ITEMS:
None.
DEPARTMENT HEAD REPORTS:
None.
CLOSED SESSION:
None.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY:
None.
BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING:
None.
ADJOURNMENT:
Chair Shawver declared the meeting adjourned at 5:26 p.m. to the next Steering Committee
meeting to be held on Wednesday, April 28, 2021 at 5:00 p.m.
Submitted by:
__________________
Kelly A. Lore, MMC
Clerk of the Board
Page 3 of 3
STEERING COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1455 Agenda Date:4/28/2021 Agenda Item No:2.
FROM:James D. Herberg, General Manager
Originator: Lorenzo Tyner, Assistant General Manager
SUBJECT:
PROPOSED ANNEXATION NO. OC SAN-66 - MASS ANNEXATION OF FIVE AREAS IN
ANAHEIM, VILLA PARK, AND YORBA LINDA
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
A.Authorize Staff to annex five Areas to Orange County Sanitation District within the Cities of
Yorba Linda, Anaheim, and Villa Park;
B. Authorize the General Manager to execute associated Annexation documents in a form
approved by General Counsel;
C. Adopt Resolution No. OC SAN 21-XX entitled, “A Resolution of the Board of Directors of the
Orange County Sanitation District authorizing initiation of proceedings and requesting the
Orange County Local Agency Formation Commission to take proceedings for the Annexation
to the Orange County Sanitation District, of territory in the Cities of Yorba Linda, Anaheim, and
Villa Park (Annexation No. OC SAN-66 - Mass Annexation of Five Areas in Anaheim, Villa
Park, and Yorba Linda)”; and
D. Forego past Annexation, Capital Facility Capacity Charges, and Annual User Fees for the
parcels to be annexed which are currently discharging sewer flows to the Orange County
Sanitation District.
BACKGROUND
There are five general areas within the Cities of Yorba Linda,Anaheim,and Villa Park that contain
approximately 1,200 parcels that need to be annexed to the Orange County Sanitation District’s (OC
San)service area.These areas are referenced and displayed in the attached Exhibit and are as
follows:
Area Number City Major Cross Streets
1 Yorba Linda Yorba Linda Blvd. & Yorba Ranch Rd.
2 Yorba Linda Esperanza Rd. & Yorba Linda Blvd.
3 Anaheim Fairmont Blvd. & Santa Ana Canyon Rd.
4 Anaheim Stage Coach Rd. & Nohl Ranch Rd.
5 Villa Park Adams Ranch Rd. & Center Dr.Orange County Sanitation District Printed on 4/20/2021Page 1 of 4
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File #:2021-1455 Agenda Date:4/28/2021 Agenda Item No:2.
Area Number City Major Cross Streets
1 Yorba Linda Yorba Linda Blvd. & Yorba Ranch Rd.
2 Yorba Linda Esperanza Rd. & Yorba Linda Blvd.
3 Anaheim Fairmont Blvd. & Santa Ana Canyon Rd.
4 Anaheim Stage Coach Rd. & Nohl Ranch Rd.
5 Villa Park Adams Ranch Rd. & Center Dr.
A Municipal Services Review process and recent discussions with the Orange County Local Agency
Formation Commission (LAFCO)recommended submission of a single application for the five areas
of interest.
RELEVANT STANDARDS
·Maintain collaborative and cooperative relationships with regulators,stakeholders,and
neighboring communities
·Protect OC San assets
PROBLEM
Properties in the proposed annexation areas receive sewer service via their respective local sewer
provider.Sewer flows from these areas are collected,treated,and recycled/disposed by OC San’s
regional sewer system;however,OC San is unable to collect the “Annual User Fee”for these
properties because the areas are not annexed to OC San’s service area.
Additionally,there are several properties in Area Number 3 that are not connected to a sewer system
and discharge to septic tanks.These properties would have to be individually annexed when each
property owner wants to connect to the local sewer system.Individual annexations would require
LAFCO fees that would be borne by each property owner.
PROPOSED SOLUTION
Adopt a Resolution that will allow OC San staff to process a single application for annexation
(Annexation No.OC SAN-66 Mass Annexation of Five Areas in Anaheim,Villa Park,and Yorba
Linda) through the LAFCO approval process.
Forego all past OC San fees for the properties to be annexed which are currently discharging sewer
flows to OC San. User fees will be collected on a prospective basis.
TIMING CONCERNS
OC San must receive the final resolution from LAFCO prior to December 1,2021 so sewer user fee
collection can begin.
RAMIFICATIONS OF NOT TAKING ACTION
OC San will not be able to collect Annual User Fees for these properties moving forward.Properties
that are on septic systems will have to apply for annexations individually.
PRIOR COMMITTEE/BOARD ACTIONS
July 2013 -Made a one-time exception to waive the fee in the amount of $2,165.(Regarding unpaid
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File #:2021-1455 Agenda Date:4/28/2021 Agenda Item No:2.
Capital Facility Connection Fees for a residential property.)
October 2005 -Approved the results of the non-residential parcel review project,directed staff to use
the corrected database on a going-forward basis and provide direction to staff on the collection of
past charges. (Direction was to refrain from pursuing past underpayments for User Fees.)
ADDITIONAL INFORMATION
Prior Committee/Board Actions have set a precedent to not back-charge property owners for past OC
San fees where the current property owner is not at fault.In addition,since these parcels are not
included in OC San’s user fee roll,Proposition 218 notifications were never sent to these properties.
Proposition 218 notifications are required by law and must be sent whenever there is a proposed new
or increased property-related fee.Without the notification,Annual User Fees cannot be back-
charged.
Under the LAFCO Annexation process,all affected properties will be notified,and a public hearing
will be conducted.OC San is planning to perform a similar notification in parallel with LAFCO so the
annexation can be streamlined,and all affected property owners are aware of the Annual User Fees
moving forward.The properties indicated on the attached Exhibit to the Resolution are subject to
change after LAFCO begins the application process.However,these will only consist of adjacent
parcels that are within the area displayed.
Mass annexation of the properties in Area Number 3 that are currently on septic tank systems will
streamline the process in the future when they are required to connect to the public sewer system.
Water purveyors encourage conversion from septic systems since it reduces quality impacts to
groundwater.
The estimated costs for the LAFCO Annexation fees is $4,600 for fiscal year 2020/21 and $10,400 for
fiscal year 2021/22.
CEQA
The project is exempt from CEQA under the Class 20 categorical exemptions set forth in CEQA
Guidelines (14 California Code of Regulations)Section 15320.Section 15320 (Class 20)“consists of
changes in the organization or reorganization of local governmental agencies where the changes do
not change the geographical area in which previously existing powers are exercised”.Specifically,
this project is exempt because this annexation is only an administrative boundary change of OC
San’s service area.
A Notice of Exemption will be filed with the Orange County Clerk-Recorder’s office after approval of
this item.
FINANCIAL CONSIDERATIONS
This request complies with authority levels of OC San’s Purchasing Ordinance.This item has been
budgeted (Adopted Budget,Fiscal Years 2020-2021 and 2021-22,General Management
Administration Section 6, Page 3) and the budget is sufficient for the recommended action.
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File #:2021-1455 Agenda Date:4/28/2021 Agenda Item No:2.
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Resolution No. OC SAN 21-XX
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1378342.1 OCSD 21-XX-1
RESOLUTION NO. OC SAN 21-XX
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ORANGE
COUNTY SANITATION DISTRICT AUTHORIZING INITIATION OF
PROCEEDINGS AND REQUESTING THE ORANGE COUNTY LOCAL
AGENCY FORMATION COMMISSION TO TAKE PROCEEDINGS FOR
THE ANNEXATION TO THE ORANGE COUNTY SANITATION
DISTRICT, OF TERRITORY IN THE CITIES OF YORBA LINDA,
ANAHEIM, AND VILLA PARK (ANNEXATION NO. OC SAN-66 - MASS
ANNEXATION OF FIVE AREAS IN ANAHEIM, VILLA PARK, AND YORBA
LINDA)
WHEREAS, the Orange County Sanitation District (OC San) is a duly organized
County Sanitation District, existing pursuant to the County Sanitation District Act,
California Health & Safety Code Section 4700 et seq. OC San owns, operates, and
maintains sewage collection, treatment, and disposal facilities; and
WHEREAS, there are five (5) general unannexed areas within the Cities of Yorba
Linda, Anaheim, and Villa Park that contribute sewer flows to OC San’s regional sewer
system; and
WHEREAS, more particularly, the Yorba Linda area includes the following
subareas, depicted in Exhibit Areas 1 through 2, attached hereto and incorporated herein
by this reference:
Area Number City Major Cross Streets
1 Yorba Linda Yorba Linda Blvd. & Yorba Ranch Rd.
2 Yorba Linda Esperanza Rd. & Yorba Linda Blvd.
and
WHEREAS, the Yorba Linda Water District’s local sewer system has been
providing sewer service to Areas 1 and 2 and conveying sewer flows to OC San’s regional
system; and
WHEREAS, more particularly, the areas located within the City of Anaheim
includes the following subareas, depicted in Exhibit Areas 3 through 4, attached hereto
and incorporated herein by this reference:
Area Number City Major Cross Streets
3 Anaheim Fairmont Blvd. & Santa Ana Canyon Rd.
4 Anaheim Stage Coach Rd. & Nohl Ranch Rd.
and
WHEREAS, the City of Anaheim local sewer system has been providing sewer
service to Areas 3 and 4 and conveying sewer flows to OC San’s regional system; and
1378342.1 OCSD 21-XX-2
WHEREAS, some parcels within Area 3 are still connected to a sewer septic
system; and
WHEREAS, more particularly, the area located within the City of Villa Park includes
the following area, depicted in Exhibit Area 5, attached hereto and incorporated herein by
this reference:
Area Number City Major Cross Streets
5 Villa Park Adams Ranch Rd. & Center Dr.
and
WHEREAS, the City of Villa Park’s local sewer system has been providing sewer
service to Area 5 and conveying sewer flows to OC San’s regional system.
NOW, THEREFORE, in consideration thereof, the Board of Directors of the
Orange County Sanitation District DOES HEREBY RESOLVE, DETERMINE, AND
ORDER:
Section 1: Expansion of Service Area. OC San is hereby authorized to initiate,
and the Orange County Local Agency Formation Commission is requested to take,
proceedings to expand OC San’s Service Area to include the five above-referenced areas
into the Consoliated Revenue Area.
Section 2: Authority. This proposal is made pursuant to the Cortese-Knox-
Hertzberg Local Government Reorganization Act of 2000, California Government Code
Section 56000 et seq.
Section 3: Fees. The proposed boundary expansion shall be subject to all
required fees.
PASSED AND ADOPTED at a regular meeting of the Board of Directors of the
Orange County Sanitation District held April 28, 2021.
__________________________________
David John Shawver
Board Chairman
ATTEST:
___________________________________
Kelly A. Lore, MMC
Clerk of the Board
1378342.1 OCSD 21-XX-3
APPROVED AS TO FORM:
___________________________________
Bradley R. Hogin
General Counsel
1378342.1 OCSD 21-XX-4
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. OC SAN 21-XX was passed
and adopted at a regular meeting of said Board on the 28th day of April 2021, 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 28th day of April 2021.
Kelly A. Lore, MMC
Clerk of the Board of Directors
Orange County Sanitation District
City ofYorba Linda
Yorba Linda Blvd
Yorba Ranch Rd
Orange County Sanitation DistrictAnnexation Exhibit (Area 1)Proposed Annexation ParcelsLegend
OCSD Sewers
Local Sewers
Proposed Annexation
/
Revised: 2/11/2021
0 0.04 0.080.02
Miles
DISCLAIMER: Map prepared by Orange County Sanitation District. This map is intended for graphical representation only. No level of accuracy is claimed for the base mapping shown hereon and graphics should not be used to obtaincoordinate values, bearings or distances. Portions of this derived product contain geographical information copyrighted by Rand McNally. All Rights Reserved.
SOURCES: OCSD GIS Data, Rand McNally 2016 REVISION: March 2018
City ofYorba Linda
Westfield StWhitewater S
t
Port
age St
City ofAnaheim
Kern St
New River Rd
E s p e r a n z a R d
Yo
r
b
a
L
i
n
d
a
B
l
v
d
Av
enid
a Adobe
Orange County Sanitation DistrictAnnexation Exhibit (Area 2)Proposed Annexation ParcelsLegend
OCSD Sewers
Local Sewers
Proposed Annexation
/
Revised: 2/11/2021
0 0.02 0.040.01
Miles
DISCLAIMER: Map prepared by Orange County Sanitation District. This map is intended for graphical representation only. No level of accuracy is claimed for the base mapping shown hereon and graphics should not be used to obtaincoordinate values, bearings or distances. Portions of this derived product contain geographical information copyrighted by Rand McNally. All Rights Reserved.
SOURCES: OCSD GIS Data, Rand McNally 2016 REVISION: March 2018
City ofAnaheim
S
o
u
t
h
O
l
d
B
ri
d
g
e
R
d
Santa Ana Canyon Rd
S Fairmont Blvd
E C a n y o n R i m R d
Orange County Sanitation DistrictAnnexation Exhibit (Area 3)Proposed Annexation ParcelsLegend
OCSD Sewers
Local Sewers
Proposed Annexation
/
Revised: 2/11/2021
0 0.055 0.110.0275
Miles
DISCLAIMER: Map prepared by Orange County Sanitation District. This map is intended for graphical representation only. No level of accuracy is claimed for the base mapping shown hereon and graphics should not be used to obtaincoordinate values, bearings or distances. Portions of this derived product contain geographical information copyrighted by Rand McNally. All Rights Reserved.
SOURCES: OCSD GIS Data, Rand McNally 2016 REVISION: March 2018
City ofAnaheim
Stage
City ofOrange
Coach
Rd
Nohl
E Queens
Dr
Ranch
Rd
Orange County Sanitation DistrictAnnexation Exhibit (Area 4)Proposed Annexation ParcelsLegend
OCSD Sewers
Local Sewers
Proposed Annexation
/
Revised: 2/11/2021
0 0.05 0.10.025
Miles
DISCLAIMER: Map prepared by Orange County Sanitation District. This map is intended for graphical representation only. No level of accuracy is claimed for the base mapping shown hereon and graphics should not be used to obtaincoordinate values, bearings or distances. Portions of this derived product contain geographical information copyrighted by Rand McNally. All Rights Reserved.
SOURCES: OCSD GIS Data, Rand McNally 2016 REVISION: March 2018
City ofVilla Park
Center Dr
Adams Ranch Rd
Adams Cir
Lincoln Cir
Orange County Sanitation DistrictAnnexation Exhibit (Area 5)Proposed Annexation ParcelsLegend
OCSD Sewers
Local Sewers
Proposed Annexation
/
Revised: 2/11/2021
0 0.015 0.030.0075
Miles
DISCLAIMER: Map prepared by Orange County Sanitation District. This map is intended for graphical representation only. No level of accuracy is claimed for the base mapping shown hereon and graphics should not be used to obtaincoordinate values, bearings or distances. Portions of this derived product contain geographical information copyrighted by Rand McNally. All Rights Reserved.
SOURCES: OCSD GIS Data, Rand McNally 2016 REVISION: March 2018
STEERING COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1538 Agenda Date:4/28/2021 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:
Number of Cases: 1
Bayside Village Marina,LLC v.Orange County Sanitation District;Orange County Sanitation District
Board of Directors;and Does 1-25,Inclusive,Superior Court of the State of California for the County
of Orange - Central Justice Center Case No. 30-2021-01194238-CU-WM-CXC.
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 OC San website (www.ocsan.gov)with the complete agenda
package:
·Memoranda from General Counsel
Orange County Sanitation District Printed on 4/21/2021Page 1 of 1
powered by Legistar™
1411290.1
555 A N 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: April 21, 2021
RE: Closed Session Items
The Steering Committee desires to hold a closed session on April 28, 2021 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 Bayside Village Marina, LLC v. Orange County Sanitation District et. al.,
Superior Court of the State of California for the County of Orange – Central Justice Center Case
No. 30-2021-01194238-CU-WM-CXC. 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
STEERING COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1605 Agenda Date:4/28/2021 Agenda Item No:CS-2
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:
Number of Cases: 1
Klean Waters,Inc.v.Orange County Sanitation District,United States District Court,Central District
of California, Southern Division, Case No. 8:15-cv-00627...body
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 OC San website (www.ocsan.gov)with the complete agenda
package:
·Memorandum from General Counsel.
Orange County Sanitation District Printed on 4/21/2021Page 1 of 1
powered by Legistar™
1411290.1
555 A N 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: April 21, 2021
RE: Closed Session Items
The Steering Committee desires to hold a closed session on April 28, 2021 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 Klean Waters, Inc. et. al. v. Orange County Sanitation District, United
States District Court, Central District of California, Southern Division, Case No. 8:15-cv-00627.
The closed session will be held pursuant to the authority of California Government Code Section
54956.9(d)(1).
Respectfully submitted,
By_________________________________
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.