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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 powered by Legistar™ 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 powered by Legistar™ 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 Orange County Sanitation District Printed on 4/20/2021Page 2 of 4 powered by Legistar™ 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. Orange County Sanitation District Printed on 4/20/2021Page 3 of 4 powered by Legistar™ 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 Orange County Sanitation District Printed on 4/20/2021Page 4 of 4 powered by Legistar™ 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.