HomeMy WebLinkAbout09-29-2021 Steering Special Committee Meeting Complete Agenda Packet
ORANGE COUNTY SANITATION DISTRICT
SPECIAL NOTICE REGARDING CORONAVIRUS (COVID-19) AND ATTENDANCE AT PUBLIC MEETINGS
On March 4, 2020, Governor Newsom proclaimed a State of Emergency in California as a result of the threat of COVID-19. On March 12, 2020 and March 18, 2020, Governor
Newsom issued Executive Order N-25-20 and Executive Order N-29-20, which
temporarily suspends portions of the Brown Act which addresses the conduct of public meetings. On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which continues the suspension of portions of the Brown Act which addresses the conduct of public meetings through September 30, 2021.
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@ocsan.gov 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, September 28, 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.
OC ~SAN
ORANGE COUNTY SANITATION DISTRICT
September 22, 2021
NOTICE OF MEETING
STEERING COMMITTEE
ORANGE COUNTY SANITATION DISTRICT
SPECIAL MEETING – 5:00 P.M.
Wednesday, September 29, 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 Special Meeting of the Steering Committee of the Orange County
Sanitation District will be held in the manner indicated above on
Wednesday, September 29, 2021 at 5:00 p.m.
0 ~SAN 10844 Ellis Avenue
Fountain Valley, CA 92708
714.962.2411
ORANGE COUNTY SANITATION DISTRICT www.ocsan.gov
Our Mission: To protect public health and the environment by
providing effective wastewater collection, treatment, and recycling.
Serving:
Anaheim
Brea
Buena Park
Cypress
Fountain Valley
Fullerton
Garden Grove
Huntington Beach
Irvine
La Habra
La Palma
Los Alamitos
Newport Beach
Orange
Placentia
Santa Ana
Seal Beach
Stanton
Tustin
Villa Park
County of Orange
Costa Mesa
Sanitary District
Midway City
Sanitary District
Irvine Ranch
Water District
Yorba Linda
Water District
STEERING COMMITTEE AND BOARD MEETING DATES
September 29, 2021
October 27, 2021
November 17, 2021 *
December 15, 2021 *
January 26, 2022
February 23, 2022
March 23, 2022
April 27, 2022
May 25, 2022
June 22, 2022
July 27, 2022
August 24, 2022
* Meeting will be held on the third Wednesday of the month
STEERING COMMITTEE
(1) Roll Call:
Meeting Date: September 29, 2021 Meeting Time: 5:00 p.m. Committee Members John Withers, Board Chair……………………………………………. ____ Chad Wanke, Board Vice-Chair……………………………………….. ____ Brooke Jones, Operations Committee Chair…………………………. ____ Glenn Parker, Administration Committee Chair……………………… ____ Jesus J. Silva, LaPA Committee Chair………………………………… ____ Ryan Gallagher, Member-At-Large…………………………………… ____ Sandra Massa-Lavitt, 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 7/13/2021 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 Paulo Morales 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
Special Meeting Agenda
Wednesday, September 29, 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@ocsan.gov at least
14 days before the meeting.
FOR ANY QUESTIONS ON THE AGENDA, BOARD MEMBERS MAY CONTACT STAFF AT:
General Manager: Jim Herberg, jherberg@ocsan.gov / (714) 593-7300
Asst. General Manager: Lorenzo Tyner, ltyner@ocsan.gov / (714) 593-7550
Asst. General Manager: Rob Thompson, rthompson@ocsan.gov / (714) 593-7310
Director of Human Resources: Celia Chandler, cchandler@ocsan.gov / (714) 593-7202
Director of Engineering: Kathy Millea, kmillea@ocsan.gov / (714) 593-7365
Director of Environmental Services: Lan Wiborg, lwiborg@ocsan.gov / (714) 593-7450
OC ~SAN
ORANGE COUNTY SANITATION DISTRICT
STEERING COMMITTEE Special Meeting Agenda Wednesday, September 29, 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@ocsan.gov 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
September 28, 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.
1.2021-1861APPROVAL OF MINUTES
RECOMMENDATION:
Approve Minutes of the Regular Meeting of the Steering Committee held August 25,
2021.
Originator:Kelly Lore
Agenda Report
08-25-2021 Steering Committee Minutes
Attachments:
NON-CONSENT:
None.
Page 1 of 4
STEERING COMMITTEE Special Meeting Agenda Wednesday, September 29, 2021
INFORMATION ITEMS:
None.
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 2021-1852CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED
LITIGATION - GOVERNMENT CODE SECTION 54956.9(d)(4)
RECOMMENDATION: Convene in Closed Session:
Number of Potential Cases: 2
A. Initiation of litigation regarding permittee: Aseptic Technology and Beverage
Visions, LLC.
B. Potential initiation of eminent domain litigation regarding property owned by
Bayside Village Marina, LLC.
Agenda Report
CS-1A Steering Memo re Aseptic Litigation
CS-1B Steering Memo re Eminent Domain Litigation
Attachments:
CS-2 2021-1867CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION -
GOVERNMENT CODE SECTION 54956.9(d)(1)
RECOMMENDATION: Convene in Closed Session:
Number of Cases: 3
A. Arlin Blazevic v. Orange County Sanitation District; Natasha Dubrovski; Lorenzo
Tyner; and Does 1-100, inclusive. Superior Court of California, County of
Orange, Case No. 30-2020-01149812-CU-WT-CJC.
B. Heidi M. Janz v. Orange County Sanitation District; Its Board of Directors,
Officers, Officials, Agents and Celia Chandler, Director of Human Resources
and Does 1 through 10, Superior Court of California, County of Orange, Case
No. 30-2021-01208616-CU-OE-CJC.
Page 2 of 4
STEERING COMMITTEE Special Meeting Agenda Wednesday, September 29, 2021
C. Raul Palazuelos v. Orange County Sanitation District, a government entity;
Richard Kwiecien, an individual; and Does 1 through 100, inclusive. Superior
Court of California, County of Orange, Case No.
30-2021-01217839-CU-OE-CJC.
Agenda Report
CS-2A Steering Memo re Blazevic Litigation
CS-2B Steering Memo re Janz Litigation
CS-2C Steering Memo re Palazuelos Litigation
Attachments:
CS-3 2021-1869CONFERENCE WITH LABOR NEGOTIATORS - GOVERNMENT CODE
SECTION 54957.6
RECOMMENDATION: Convene in Closed Session:
Agency Designated Representatives: General Manager Jim Herberg, Assistant
General Manager Lorenzo Tyner, and Director of Human Resources Celia Chandler.
Employee Organizations: International Union of Operating Engineers, Local 501;
Orange County Employees Association; and the Supervisors and Professionals Group.
Agenda Report
CS-3 Steering Memo re Labor Negotiations
Attachments:
CS-4 2021-1866CONFERENCE WITH REAL PROPERTY NEGOTIATORS -
GOVERNMENT CODE SECTION 54956.8
RECOMMENDATION: Convene in Closed Session:
Number of Cases: 1
Property: Portions of 300 East Coast Highway, Newport Beach, CA; APN No.
440-132-60.
Agency negotiators: General Manager Jim Herberg, Assistant General Manager
Lorenzo Tyner, Assistant General Manager Rob Thompson, Director of Engineering
Kathy Millea, and Controller Wally Ritchie.
Negotiating parties: Bayside Village Marina, LLC
Under negotiation: Price and terms of payment
Agenda Report
CS-4 Steering Memo re Real Property
Attachments:
RECONVENE IN REGULAR SESSION.
Page 3 of 4
STEERING COMMITTEE Special Meeting Agenda Wednesday, September 29, 2021
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:
Adjourn the Steering Committee meeting until the Regular Meeting of the Steering Committee
on October 27, 2021 at 5:00 p.m.
Page 4 of 4
STEERING COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1861 Agenda Date:9/29/2021 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 August 25, 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 August 25, 2021
Orange County Sanitation District Printed on 9/20/2021Page 1 of 1
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OC6SAN
ORANGE COUNTY SANITATION DISTRICT
Orange County Sanitation District
Minutes for the
STEERING COMMITTEE
Wednesday, August 25, 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 John Withers on Wednesday, August 25, 2021 at 5:00
p.m. in the Administration Building of the Orange County Sanitation District. Chair Withers
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).
Due to technical difficulties, the meeting recording was without audio and, once resolved, the
meeting resumed at 5:24 p.m.
ROLL CALL AND DECLARATION OF QUORUM:
Roll call was taken and a quorum was declared present, as follows:
PRESENT:John Withers, Chad Wanke, Ryan Gallagher, Brooke Jones, Sandra
Massa-Lavitt, Jesus Silva and Glenn Parker
ABSENT:None
STAFF MEMBERS PRESENT: General Manager Jim Herberg, Clerk of the Board Kelly Lore,
and Joshua Martinez were present in the Board Room. Assistant General Manager Lorenzo
Tyner, Assistant General Manager Rob Thompson, Director of Engineering Kathy Millea,
Director of Environmental Services Lan Wiborg, Director of Human Resources Celia
Chandler, Andrew Brown, Jennifer Cabral, Tanya Chong, Raul Cuellar, Martin Dix, Laurie
Klinger, Tina Knapp, Laura Maravilla, Jeffrey Mohr, Andrew Nau, and Thomas Vu
participated telephonically.
OTHERS PRESENT: Brad Hogin, General Counsel, and Gary Weisberg, Associate Counsel,
were present in the Board Room.
PUBLIC COMMENTS:
No public comments were provided.
Clerk of the Board Kelly Lore stated that late communication was received regarding a
change to the attachment on Item No. 2 which was provided to the Committee Members and
made available to the public.
Page 1 of 5
OC ~SAN
ORANGE COUNTY SANITATION DISTRICT
STEERING COMMITTEE Minutes August 25, 2021
REPORTS:
Chair Withers did not provide a report.
General Manager Jim Herberg did not provide a report.
CONSENT CALENDAR:
1.APPROVAL OF MINUTES 2021-1791
Originator: Kelly Lore
MOVED, SECONDED, AND DULY CARRIED TO:
Approve Minutes of the Regular Meeting of the Steering Committee held July 28, 2021.
AYES:John Withers, Chad Wanke, Ryan Gallagher, Brooke Jones, Sandra
Massa-Lavitt, Jesus Silva and Glenn Parker
NOES:None
ABSENT:None
ABSTENTIONS:None
2.GENERAL MANAGER’S FISCAL YEAR 2021-22 WORK PLAN 2021-1790
Originator: Jim Herberg
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
Approve the General Manager’s Fiscal Year 2021-22 Work Plan.
AYES:John Withers, Chad Wanke, Ryan Gallagher, Brooke Jones, Sandra
Massa-Lavitt, Jesus Silva and Glenn Parker
NOES:None
ABSENT:None
ABSTENTIONS:None
NON-CONSENT:
3.GENERAL MANAGER’S COMPENSATION AND BENEFITS 2021-1801
Originator: Celia Chandler
Mr. Herberg left the Board Room during the discussion on Item No. 3.
Chair Withers provided a brief recap of the General Manager's performance evaluation.
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
Page 2 of 5
STEERING COMMITTEE Minutes August 25, 2021
Approve a performance-based non-base building lump sum merit payment of 2.5% for
the General Manager based on Fiscal Year 2020/2021 job performance, as authorized
in Resolution No. OCSD 19-12.
AYES:John Withers, Chad Wanke, Ryan Gallagher, Brooke Jones, Sandra
Massa-Lavitt, Jesus Silva and Glenn Parker
NOES:None
ABSENT:None
ABSTENTIONS:None
Director Jesus Silva departed the meeting at approximately 5:40 p.m.
4.BAY BRIDGE PUMP STATION FORCE MAIN ISOLATION VALVE
REPLACEMENT, PROJECT NO. FRC-0013
2021-1804
Originator: Kathy Millea
Director of Engineering Kathy Millea provided a PowerPoint presentation which
explained the necessary repairs.
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
A. Ratify Approval of an Emergency Repair Service Contract to Charles King
Company for Bay Bridge Pump Station Force Main Isolation Valve Replacement,
Project No. FRC-0013, for an amount not to exceed $289,585; and
B. Approve a contingency of $144,793 (50%).
AYES:John Withers, Chad Wanke, Ryan Gallagher, Brooke Jones, Sandra
Massa-Lavitt and Glenn Parker
NOES:None
ABSENT:Jesus Silva
ABSTENTIONS:None
5.BAY BRIDGE PUMP STATION VALVE REPLACEMENT, PROJECT
NO. FRC-0002
2021-1792
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
Approve a contingency increase of $269,100 (45%) to the service contract with
Innovative Construction Solutions for Bay Bridge Pump Station Valve Replacement,
Project No. FRC-0002, Specification No. S-2020-1192BD, for a total contingency of
$328,900 (55%).
Page 3 of 5
STEERING COMMITTEE Minutes August 25, 2021
AYES:John Withers, Chad Wanke, Ryan Gallagher, Brooke Jones, Sandra
Massa-Lavitt and Glenn Parker
NOES:None
ABSENT:Jesus Silva
ABSTENTIONS:None
INFORMATION ITEMS:
None.
DEPARTMENT HEAD REPORTS:
None.
CLOSED SESSION:
CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS
54956.9(d)(4), 54956.9(d)(1) & 54956.8.
The Committee convened in closed session at 5:48 p.m. to hear three items. Confidential
minutes of the Closed Sessions have been prepared in accordance with the above
Government Code Sections and are maintained by the Clerk of the Board in the Official Book
of Confidential Minutes of Board and Committee Closed Session meetings.
CS-1 CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED
LITIGATION - GOVERNMENT CODE SECTION 54956.9(d)(4)
2021-1745
CONVENED IN CLOSED SESSION:
Number of Cases: 1
Potential initiation of eminent domain litigation regarding property owned by Bayside
Village Marina, LLC.
CS-2 CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION -
GOVERNMENT CODE SECTION 54956.9(d)(1)
2021-1752
CONVENED 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.
Page 4 of 5
STEERING COMMITTEE Minutes August 25, 2021
CS-3 CONFERENCE WITH REAL PROPERTY NEGOTIATORS -
GOVERNMENT CODE SECTION 54956.8
2021-1822
CONVENED IN CLOSED SESSION:
Number of Cases: 1
Property: Portions of 300 East Coast Highway, Newport Beach, CA; APN No.
440-132-60.
Agency negotiators: General Manager Jim Herberg, Assistant General Manager
Lorenzo Tyner, Assistant General Manager Rob Thompson, Director of Engineering
Kathy Millea, and Controller Wally Richie.
Negotiating parties: Bayside Village Marina, LLC
Under negotiation: Price and terms of payment
RECONVENE IN REGULAR SESSION.
The Committee reconvened in regular session at 5:53 p.m.
CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED
SESSION:
General Counsel Brad Hogin did not provide a report.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY:
None.
BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING:
None.
ADJOURNMENT:
Chair Withers declared the meeting adjourned at 5:54 p.m. to the Special Meeting of the
Steering Committee to be held on Wednesday, September 29, 2021 at 5:00 p.m.
Submitted by:
__________________
Kelly A. Lore, MMC
Clerk of the Board
Page 5 of 5
STEERING COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1852 Agenda Date:9/29/2021 Agenda Item No:CS-1
FROM:James D. Herberg, General Manager
SUBJECT:
CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED LITIGATION - GOVERNMENT CODE
SECTION 54956.9(D)(4)
RECOMMENDATION: Convene in Closed Session:
Number of Potential Cases: 2
A. Initiation of litigation regarding permittee: Aseptic Technology and Beverage Visions, LLC.
B. Potential initiation of eminent domain litigation regarding property owned by Bayside Village
Marina, LLC.
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 9/21/2021Page 1 of 1
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OC6SAN
ORANGE COUNTY SANITATION DISTRICT
1114541.2
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: September 20, 2021
RE: Closed Session Items
The Steering Committee desires to hold a closed session on September 29, 2021 for the
purpose of conferring with its legal counsel regarding potential litigation. Based on existing
facts and circumstances, the Committee is deciding whether to initiate litigation against another
party. The closed session will be held pursuant to the authority of California Government Code
Section 54956.9(d)(4).
The facts and circumstances are as follows. An industrial facility is in arrears on user
fees. The Committee will consider potential litigation to recover the charges owed.
Respectfully submitted,
By_________________________________
Bradley R. Hogin, General Counsel
PRIVILEGED AND CONFIDENTIAL
ATTORNEY-CLIENT COMMUNICATION
NOT A PUBLIC RECORD
1114541.2
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: September 20, 2021
RE: Closed Session Items
The Steering Committee desires to hold a closed session on September 29, 2021 for the
purpose of conferring with its legal counsel regarding potential litigation. Based on existing
facts and circumstances, the Committee is deciding whether to initiate litigation against another
party. The closed session will be held pursuant to the authority of California Government Code
Section 54956.9(d)(4).
The facts and circumstances are as follows. The District is planning to construct the Bay
Bridge Pump Station and Force Mains Rehabilitation Project. In order to construct the project,
the District must acquire certain property and easements adjacent to the current pump station.
Negotiations with the property owner have proven unsuccessful, so the Steering Committee
must meet to consider possible initiation of an eminent domain action.
Respectfully submitted,
By_________________________________
Bradley R. Hogin, General Counsel
PRIVILEGED AND CONFIDENTIAL
ATTORNEY-CLIENT COMMUNICATION
NOT A PUBLIC RECORD
STEERING COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1867 Agenda Date:9/29/2021 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: 3
A. Arlin Blazevic v. Orange County Sanitation District; Natasha Dubrovski; Lorenzo Tyner; and
Does 1-100, inclusive. Superior Court of California, County of Orange, Case No. 30-2020-
01149812-CU-WT-CJC.
B. Heidi M. Janz v. Orange County Sanitation District; Its Board of Directors, Officers, Officials,
Agents and Celia Chandler, Director of Human Resources and Does 1 through 10, Superior
Court of California, County of Orange, Case No. 30-2021-01208616-CU-OE-CJC.
C. Raul Palazuelos v. Orange County Sanitation District, a government entity; Richard Kwiecien,
an individual; and Does 1 through 100, inclusive. Superior Court of California, County of
Orange, Case No. 30-2021-01217839-CU-OE-CJC.
BACKGROUND
During the course of conducting the business set forth on this agenda as a regular meeting of the
Board, the Chairperson may convene the Board in closed session to consider matters of pending real
estate negotiations, pending or potential litigation, or personnel matters.
Reports relating to (a) purchase and sale of real property; (b) matters of pending or potential
litigation; (c) employment actions or negotiations with employee representatives; or which are exempt
from public disclosure under the California Public Records Act, may be reviewed by the Board during
a permitted closed session and are not available for public inspection. At such time the Board takes
final action on any of these subjects, the minutes will reflect all required disclosures of information.
RELEVANT STANDARDS
·Government Code Sections 54956.8, 54956.9, 54957, or 54957.6, as noted
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OC6SAN
ORANGE COUNTY SANITATION DISTRICT
File #:2021-1867 Agenda Date:9/29/2021 Agenda Item No:CS-2
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
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MEMORANDUM
TO: Hon. Chair and Members of the Orange County Sanitation District Steering
Committee
FROM: Bradley R. Hogin, Esq.
General Counsel
DATE: September 20, 2021
RE: Closed Session Items
The Steering Committee desires to hold a closed session September 29, 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 Arlin Blazevic v. Orange County Sanitation District; Natasha
Dubrovski; Lorenzo Tyner; and Does 1-100, inclusive, Superior Court of California, County of
Orange, Case No. 30-2020-01149812. 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
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MEMORANDUM
TO: Hon. Chair and Members of the Orange County Sanitation District Steering
Committee
FROM: Bradley R. Hogin, Esq.
General Counsel
DATE: September 20, 2021
RE: Closed Session Items
The Steering Committee desires to hold a closed session September 29, 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 Heidi M. Janz v. Orange County Sanitation District; its Board of
Directors, Officers, Officials, Agents and Celia Chandler, Director of Human Resources; and
Does 1-10, inclusive, Superior Court of California, County of Orange, Case No. 30-2021-
01208616. 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
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MEMORANDUM
TO: Hon. Chair and Members of the Orange County Sanitation District Steering
Committee
FROM: Bradley R. Hogin, Esq.
General Counsel
DATE: September 20, 2021
RE: Closed Session Items
The Steering Committee desires to hold a closed session September 29, 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 Raul Palazuelos v. Orange County Sanitation District; a government
entity; Richard Kwiecien, an individual; and Does 1-100, inclusive, Superior Court of California,
County of Orange, Case No. 30-2021-01217839 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 #:2021-1869 Agenda Date:9/29/2021 Agenda Item No:CS-3
FROM:James D. Herberg, General Manager
SUBJECT:
CONFERENCE WITH LABOR NEGOTIATORS - GOVERNMENT CODE SECTION 54957.6
RECOMMENDATION: Convene in Closed Session:
Agency Designated Representatives: General Manager Jim Herberg, Assistant General Manager
Lorenzo Tyner, and Director of Human Resources Celia Chandler.
Employee Organizations: International Union of Operating Engineers, Local 501; Orange County
Employees Association; and the Supervisors and Professionals Group.
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 9/21/2021Page 1 of 1
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OC6SAN
ORANGE COUNTY SANITATION DISTRICT
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MEMORANDUM
TO: Hon. Chair and Members of the Orange County Sanitation District Steering
Committee
FROM: Bradley R. Hogin, Esq.
General Counsel
DATE: September 20, 2021
RE: Closed Session Items
The Steering Committee will hold a closed session on September 29, 2021 for the
purpose of conferring with its labor negotiators to discuss negotiations with the International
Union of Operating Engineers Local 501, the Orange County Employees Association, and the
Supervisors and Professionals Group. The Agency Designated Representatives are Jim Herberg,
Lorenzo Tyner, Rob Thompson and Celia Chandler. The closed session will be held pursuant to
authority of California Government Code Section 54957.6.
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 #:2021-1866 Agenda Date:9/29/2021 Agenda Item No:CS-4
FROM:James D. Herberg, General Manager
SUBJECT:
CONFERENCE WITH REAL PROPERTY NEGOTIATORS - GOVERNMENT CODE SECTION
54956.8
RECOMMENDATION: Convene in Closed Session:
Number of Cases: 1
Property: Portions of 300 East Coast Highway, Newport Beach, CA; APN No. 440-132-60.
Agency negotiators: General Manager Jim Herberg, Assistant General Manager Lorenzo Tyner,
Assistant General Manager Rob Thompson, Director of Engineering Kathy Millea, and Controller
Wally Ritchie.
Negotiating parties: Bayside Village Marina, LLC
Under negotiation: Price and terms of payment
BACKGROUND
During the course of conducting the business set forth on this agenda as a regular meeting of the
Board, the Chairperson may convene the Board in closed session to consider matters of pending real
estate negotiations, pending or potential litigation, or personnel matters.
Reports relating to (a) purchase and sale of real property; (b) matters of pending or potential
litigation; (c) employment actions or negotiations with employee representatives; or which are exempt
from public disclosure under the California Public Records Act, may be reviewed by the Board during
a permitted closed session and are not available for public inspection. At such time the Board takes
final action on any of these subjects, the minutes will reflect all required disclosures of information.
RELEVANT STANDARDS
·Government Code Sections 54956.8, 54956.9, 54957, or 54957.6, as noted
ATTACHMENT
The following attachment(s) 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 9/21/2021Page 1 of 1
powered by Legistar™
OC6SAN
ORANGE COUNTY SANITATION DISTRICT
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(714) 558-7000
MEMORANDUM
TO: Hon. Chair and Members of the Orange County Sanitation District Steering
Committee
FROM: Bradley R. Hogin, Esq.
General Counsel
DATE: September 20, 2021
RE: Closed Session Items
The Steering Committee will hold a closed session on September 29, 2021 for the
purpose of conferring with its negotiators regarding the purchase of real property. The negotiating
parties and property are as follows: portions of 300 East Coast Highway, Newport Beach, CA -
APN No. 440-132-60. The District’s negotiators are General Manager, Jim Herberg; Assistant
General Manager, Lorenzo Tyner; Assistant General Manager, Rob Thompson; Director of
Engineering, Kathy Millea; and Controller Wally Ritchie. Said closed session will be held pursuant
to authority of California Government Code Section 54956.8.
Respectfully submitted,
By: ___________________________
Bradley R. Hogin, General Counsel
ORANGE COUNTY SANITATION DISTRICT
COMMON ACRONYMS
ACWA Association of California
Water Agencies 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.