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HomeMy WebLinkAbout10-27-2021 Steering Committee Meeting Complete Agenda Packet 10-21-2021ORANGE COUNTY SANITATION DISTRICT SPECIAL NOTICE REGARDING CORONAVIRUS (COVID-19) AND ATTENDANCE AT PUBLIC MEETINGS Governor Newsom signed Assembly Bill (AB) 361 on September 16, 2021, which, in part, addresses the conduct of public meetings in light of the continued State of Emergency order. Effective October 1, 2021, AB 361 suspends the requirements located in California Government Code, Section 54953, Subdivision (b), Paragraph (3) specifically pertaining to the conduct of public meetings. As such, the Orange County Sanitation District (OC San) Board of Directors has determined that due to the size of OC San’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. OC San offers several ways in which to interact during meetings. You will find information as to these opportunities below. ONLINE MEETING PARTICIPATION You may join the meeting live via Teams on your computer or similar device or web browser by using the link below: Click here to join the meeting We suggest testing joining a Teams meeting on your device prior to the commencement of the meeting. For recommendations, general guidance on using Teams, and instructions on joining a Teams meeting, please click here. Please mute yourself upon entry to the meeting. Please raise your hand if you wish to speak during the public comment section of the meeting. The Clerk of the Board will call upon you by using the name you joined with. Meeting attendees are not provided the ability to make a presentation during the meeting. Please contact the Clerk of the Board at least 48 hours prior to the meeting if you wish to present any items. Additionally, camera feeds may be controlled by the meeting moderator to avoid inappropriate content. HOW TO PARTICIPATE IN THE MEETING BY TELEPHONE To join the meeting from your phone: Dial (213) 279-1455 When prompted, enter the Phone Conference ID: 713 285 376# All meeting participants may be muted during the meeting to alleviate background noise. If you are muted, please use *6 to unmute. You may also mute yourself on your device. Please raise your hand to speak by use *5, during the public comment section of the meeting. The Clerk of the Board will call upon you by using the last 4 digits of your phone number as identification. NOTE: All attendees will be disconnected from the meeting at the beginning of Closed Session. If you would like to return to the Open Session portion of the meeting, please login or dial-in to the Teams meeting again and wait in the Lobby for admittance. VIEW THE MEETING ONLINE ONLY The meeting will be available for online viewing only at: https://ocsd.legistar.com/Calendar.aspx HOW TO SUBMIT A COMMENT You may provide verbal comment in real time during the meeting. In order to provide a verbal comment, please raise your hand as described above or alert the Clerk of the Board before or during the public comment period. You may also submit your comments and questions in writing for consideration in advance of the meeting by using the eComment feature available online at: https://ocsd.legistar.com/Calendar.aspx 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”. You may also submit comments and questions for consideration during the meeting by using the eComment feature available online at: https://ocsd.legistar.com/Calendar.aspx. The eComment feature will be available for the duration of the meeting. All written public comments will be provided to the legislative body and may be read into the record or compiled as part of the record. TECHNICAL SUPPORT PRIOR TO AND DURING MEETINGS For technical assistance before and during the meeting, please call 714-593-7431. For any other questions and/or concerns, please contact the Clerk of the Board’s office at 714-593-7433. Thank you, in advance, for your patience in working with thesetechnologies. We appreciate your interest in OC San! October 21, 2021 NOTICE OF MEETING STEERING COMMITTEE ORANGE COUNTY SANITATION DISTRICT SPECIAL MEETING – 4:30 P.M. Wednesday, October 27, 2021 ACCESSIBILITY FOR THE GENERAL PUBLIC Your participation is always welcome. Specific information as to how to participate in this meeting is detailed in the Special Notice attached to this agenda. In general, OC San offers several ways in which to interact during meetings: you may join the meeting live via Teams on your computer or similar device or web browser, join the meeting live via telephone, view the meeting online, and/or submit comments for consideration before or during the meeting. The Special Meeting of the Steering Committee of the Orange County Sanitation District will be held in the manner indicated above on Wednesday, October 27, 2021 at 4:30 p.m. STEERING COMMITTEE AND BOARD MEETING DATES 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 September 21, 2022 November 16, 2022 * * Meeting will be held on the third Wednesday of the month STEERING COMMITTEE (1)Roll Call: Meeting Date: October 27, 2021 Meeting Time: 4:30 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, October 27, 2021 - 4:30 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.ocsan.gov 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 STEERING COMMITTEE Special Meeting Agenda Wednesday, October 27, 2021 CALL TO ORDER ROLL CALL AND DECLARATION OF QUORUM: Clerk of the Board PUBLIC COMMENTS: Your participation is always welcome. Specific information as to how to participate in a meeting is detailed in the Special Notice attached to this agenda. In general, OC San offers several ways in which to interact during meetings: you may join the meeting live via Teams on your computer or similar device or web browser, join the meeting live via telephone, view the meeting online, and/or submit comments for consideration before or during the meeting. You may provide verbal comment in real time during the meeting. In order to provide a verbal comment, please raise your hand (directions provided in the Special Notice attached to this agenda) or alert the Clerk of the Board before or during the public comment period. You may submit your comments and questions in writing for consideration in advance of the meeting by using the eComment feature available online at: https://ocsd.legistar.com/Calendar.aspx 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”. You may also submit comments and questions for consideration during the meeting by using the eComment feature available online at: https://ocsd.legistar.com/Calendar.aspx. The eComment feature will be available for the duration of the meeting. All written public comments will be provided to the legislative body 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. 1.2021-1905APPROVAL OF MINUTES RECOMMENDATION: Approve Minutes of the Special Meeting of the Steering Committee held September 29, 2021. Originator:Kelly Lore Agenda Report 09-29-2021 Steering Committee Special Meeting Minutes Attachments: Page 1 of 5 STEERING COMMITTEE Special Meeting Agenda Wednesday, October 27, 2021 NON-CONSENT: 2.2021-1872LABOR RELATIONS - CHIEF NEGOTIATOR AGREEMENT RECOMMENDATION: Recommend to the Board of Directors to: Authorize the Board Chair to execute an agreement with Liebert Cassidy Whitmore, for Laura Drottz Kalty to serve as the external Chief Negotiator for labor contract negotiations and related items, for an amount not to exceed $150,000. Originator:Celia Chandler Agenda Report Liebert Cassidy Whitmore Agreement Attachments: 3.2021-1900SUCCESSION MANAGEMENT - EXECUTIVE MANAGEMENT TEAM RECOMMENDATION: Recommend to the Board of Directors to: Authorize recruitment and selection for the vacant Director of Operations and Maintenance position. Originator:Jim Herberg Agenda ReportAttachments: 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 2021-1901CONFERENCE WITH LABOR NEGOTIATORS - GOVERNMENT CODE SECTION 54957.6 RECOMMENDATION: Convene in Closed Session: Agency Designated Representatives: General Manager Jim Herberg, Assistant Page 2 of 5 STEERING COMMITTEE Special Meeting Agenda Wednesday, October 27, 2021 General Manager Lorenzo Tyner, and Director of Human Resources Celia Chandler. Employee Organizations: International Union of Operating Engineers Local 501, Orange County Employees Association, Supervisory and Professional Management Group, and unrepresented: Confidential, Managers, and Executive Managers. Agenda Report CS-1 General Counsel Memo re Labor Negotiations_Steering 10-27-21 Attachments: CS-2 2021-1903CONFERENCE WITH REAL PROPERTY NEGOTIATORS - GOVERNMENT CODE SECTION 54956.8 RECOMMENDATION: Convene in Closed Session: Property: 7292 Slater Avenue Huntington Beach, CA - APN No. 110-010-39 Agency negotiators: General Manager Jim Herberg, Assistant General Manager Lorenzo Tyner, and Assistant General Manager Rob Thompson Negotiating parties: Northington Huntington Beach Investors LLC Under negotiation: Price and terms of payment Agenda Report CS-2 General Counsel Memo re Real Property_Steering 10-27-21 Attachments: CS-3 2021-1902CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION - GOVERNMENT CODE SECTION 54956.9(d)(1) RECOMMENDATION: Convene in Closed Session: Number of Cases: 3 A. Gilbert Barela v. Orange County Sanitation District; Steve Thornburg; Roy Reynolds; and Does 1-100, inclusive. Superior Court of California, County of Orange, Case No. 30-2021-01220927-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. Page 3 of 5 STEERING COMMITTEE Special Meeting Agenda Wednesday, October 27, 2021 Agenda Report CS-3A General Counsel Memo re Barela Litigation_Steering 10-27-21 CS-3B General Counsel Memo re Janz Litigation_Steering 10-27-21 CS-3C General Counsel Memo re Palazuelos Litigation_Steering 10-27-21 Attachments: CS-4 2021-1920CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED LITIGATION - GOVERNMENT CODE SECTION 54956.9(d)(4) RECOMMENDATION: Convene in Closed Session: Number of Potential Cases: 1 Potential initiation of eminent domain litigation regarding property owned by Bayside Village Marina, LLC. Agenda Report CS-4 General Counsel Memo re Eminient Domain Litigation_Steering 10-27-21 Attachments: CS-5 2021-1921CONFERENCE WITH REAL PROPERTY NEGOTIATORS - GOVERNMENT CODE SECTION 54956.8 RECOMMENDATION: Convene in Closed Session: 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-5 General Counsel Memo re Real Property_Steering 10-27-21 Attachments: CS-6 2021-1936CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATION OF LITIGATION - GOVERNMENT CODE SECTION 54956.9(d)(2) RECOMMENDATION: Convene in Closed Session: Number of Potential Cases: 1 Page 4 of 5 STEERING COMMITTEE Special Meeting Agenda Wednesday, October 27, 2021 Significant exposure to litigation regarding Notices of Violation from South Coast Air Quality Management District. Agenda Report CS-6 General Counsel Memo re Notices of Violation from SCAQMD_Steering 10-27-21 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: Adjourn the meeting until the Regular Meeting of the Steering Committee on November 17, 2021 at 5:00 p.m. Page 5 of 5 STEERING COMMITTEE Agenda Report Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 File #:2021-1905 Agenda Date:10/27/2021 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 Special Meeting of the Steering Committee held September 29, 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 September 29, 2021 Orange County Sanitation District Printed on 10/19/2021Page 1 of 1 powered by Legistar™ Orange County Sanitation District Minutes for the STEERING COMMITTEE Wednesday, September 29, 2021 5:00 PM Board Room Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 CALL TO ORDER A special meeting of the Steering Committee of the Orange County Sanitation District was called to order by Board Chairman John Withers on Wednesday, September 29, 2021 at 5:04 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). 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 PRESENT: Kelly Lore, Clerk of the Board, and Brian Engeln were present in the Board Room. 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; Janine Aguilar; Angela Brandt; Jennifer Cabral; Mortimer Caparas; Raul Cuellar; Tina Knapp; Joshua Martinez; Rob Michaels; Jeff Mohr; Wally Ritchie; Thomas Vu; and Ruth Zintzun were in attendance telephonically. OTHERS PRESENT: Brad Hogin, General Counsel, and Gary Weisberg, Associate Counsel, were present in the Board Room. PUBLIC COMMENTS: None. The Clerk of the Board stated that after the publication of the agenda she received late communication that Item Nos. CS-2(b) and CS-2(c) would not be heard this evening. REPORTS: Chair Withers stated that Executive Orders N-25-20 and N-29-20, which temporarily suspended portions of the Brown Act that allowed for public meetings to be held virtually, will expire on September 30, 2021; and explained that AB 361, recently signed by the Governor, will allow Committee and Board meetings to remain virtual under a declared emergency. Chair Withers shared the specifics of the new law and stated that a Special Meeting of the Page 1 of 4 STEERING COMMITTEE Minutes September 29, 2021 Board of Directors will be held on October 6, 2021 at 5:00 p.m. to hear the initial Resolution. This will be just prior to the Regular Meeting of the Operations Committee Meeting which will meet at a special time of 5:30 p.m. General Manager Jim Herberg did not provide a report. CONSENT CALENDAR: 1.APPROVAL OF MINUTES 2021-1861 Originator: Kelly Lore MOVED, SECONDED, AND DULY CARRIED TO: Approve Minutes of the Regular Meeting of the Steering Committee held August 25, 2021. 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: None. INFORMATION ITEMS: None. CLOSED SESSION: CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS 54956.9(d)(4), 54956.9(d)(1), 54957.6 & 54956.8. The Committee convened in closed session at 5:21 p.m. 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) 2021-1852 CONVENED IN CLOSED SESSION: Page 2 of 4 STEERING COMMITTEE Minutes September 29, 2021 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. CS-2 CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION - GOVERNMENT CODE SECTION 54956.9(d)(1) 2021-1867 CONVENED IN CLOSED SESSION: Item Nos. CS-2(B) and CS-2(B) not heard. 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. CS-3 CONFERENCE WITH LABOR NEGOTIATORS - GOVERNMENT CODE SECTION 54957.6 2021-1869 CONVENED 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. CS-4 CONFERENCE WITH REAL PROPERTY NEGOTIATORS - GOVERNMENT CODE SECTION 54956.8 2021-1866 CONVENED IN CLOSED SESSION: Page 3 of 4 STEERING COMMITTEE Minutes September 29, 2021 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 RECONVENED IN REGULAR SESSION. The Committee reconvened in regular session at 6:09 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 6:10 p.m. to the Regular Steering Committee meeting to be held on Wednesday, October 27, 2021 at 5:00 p.m. Submitted by: __________________ Kelly A. Lore, MMC Clerk of the Board Page 4 of 4 STEERING COMMITTEE Agenda Report Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 File #:2021-1872 Agenda Date:10/27/2021 Agenda Item No:2. FROM:John Withers, Board Chairman Originator: Celia Chandler, Director of Human Resources SUBJECT: LABOR RELATIONS - CHIEF NEGOTIATOR AGREEMENT GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Recommend to the Board of Directors to: Authorize the Board Chair to execute an agreement with Liebert Cassidy Whitmore, for Laura Drottz Kalty to serve as the external Chief Negotiator for labor contract negotiations and related items, for an amount not to exceed $150,000. BACKGROUND The Orange County Sanitation District (OC San) is preparing for labor negotiations with all three recognized employee organizations which include the Supervisory and Professional Management Group (SPMG), the Orange County Employees Association (OCEA), and the International Union of Operating Engineers Local 501 (Local 501). The collective bargaining agreements or Memoranda of Understanding (MOU’s) for each of these groups are set to expire on June 30, 2022. Labor contract negotiations are governed by the Meyers-Milias-Brown Act (MMBA), Government Code Section 3500. The MMBA requires that local agencies meet and confer in good faith regarding wages, hours, and other terms and conditions of employment with representatives of recognized collective bargaining units. OC San is requesting authorization to retain labor attorney Laura Drottz Kalty of Leibert Cassidy Whitmore to serve as Chief Negotiator in upcoming labor contract negotiations and advise the Board/staff on all issues under the MMBA. This includes any preparatory work for labor contract negotiations including an internal and external assessment of wages, benefits, economic factors, and labor costs, as well as involvement in OC San’s agencywide Classification & Compensation study, which is currently in progress. The contract amount is not to exceed $150,000 and includes the fees, costs, and expenses for labor negotiation services and associated pre- and post- negotiation activities for Ms. Kalty, paraprofessionals, and litigation support staff. Ms. Kalty will work closely with the Steering Committee, Board, and Human Resources staff to negotiate and execute tentative agreements consistent with authority granted by the OC San’s Board of Directors. The Board previously authorized contracts with Ms. Kalty, who served as Chief Negotiator with all represented units during the last two (2) rounds of labor contract negotiations. Ms. Kalty successfully Orange County Sanitation District Printed on 10/20/2021Page 1 of 3 powered by Legistar™ File #:2021-1872 Agenda Date:10/27/2021 Agenda Item No:2. negotiated three (3) year labor contracts for all units in 2016 and again in 2019. RELEVANT STANDARDS ·Ensure the public’s money is wisely spent ·Cultivate a highly qualified, well-trained, and diverse workforce ·Offer competitive compensation and benefits ·Negotiate fair and equitable labor agreements ·Maintain positive employer-employee relations PROBLEM The collective bargaining agreements for all three (3)bargaining groups,representing six (6)different units are set to expire on June 30,2022.Based on past practice,contract negotiations for successor agreements should begin prior to the expiration of the current contracts. PROPOSED SOLUTION Authorize the Board Chair to execute a one-year agreement with an external Chief Negotiator in accordance with Ordinance No. OCSD-56, Section 3.03.B Contractors Reporting to the Board. OCSD-56 is an ordinance of the Board of Directors of the Orange County Sanitation District establishing requirements and procedures for the purchase of goods,services,and public works projects.OCSD-56,Section 3.03.B Contractors Reporting to the Board lists that the provisions listed under Article 3 (Professional Services)shall not apply to the retention of Professional Service firms or individuals that are selected by the Board and report directly to the Board.For such contracts,the Board shall determine the method of selection, consistent with the requirements of applicable law. TIMING CONCERNS Authorization to hire the Chief Negotiator is recommended for approval by the Board of Directors in October 2021,leaving approximately eight (8)months for the Chief Negotiator and staff to begin preparations and execute successor agreements with all three (3)bargaining groups before the current labor contracts expire on June 30, 2022. RAMIFICATIONS OF NOT TAKING ACTION Delays in the selection of a Chief Negotiator would postpone initiation of labor contract negotiations and may negatively impact OC San’s ability to finalize successor agreements before the MOU’s expire on June 30, 2022, which may lead to labor unrest and instability. PRIOR COMMITTEE/BOARD ACTIONS N/A Orange County Sanitation District Printed on 10/20/2021Page 2 of 3 powered by Legistar™ File #:2021-1872 Agenda Date:10/27/2021 Agenda Item No:2. ADDITIONAL INFORMATION OC San has 639 authorized full time equivalent (FTE)staff.Of this total,571 FTEs are assigned to one of six formal bargaining units which are represented by three recognized employee organizations. Three (3)of the bargaining units are represented by OCEA.OCEA represents 96 OC San employees,who perform para-professional,technical,and administrative jobs.One (1)bargaining unit is represented by Local 501.Local 501 represents 200 OC San employees,who perform operations,maintenance,and other trade-related jobs.The remaining two (2)bargaining units are represented by the SPMG affiliated with the American Federation of State,County,and Municipal Employees (AFSCME).SPMG/AFSCME represent 63 OC San employees that are responsible for supervisory duties across all divisions.In addition,SPMG/AFSCME represent 212 OC San employees holding professional, exempt-level positions who perform analytical work. CEQA N/A FINANCIAL CONSIDERATIONS It is estimated that the cost for labor relations consulting for all negotiations will total $150,000.This request complies with authority levels of OC San’s Purchasing Ordinance.This item has been budgeted for FY 2020-21 and FY 2021-22.(Line item:FY 2021-22 Budget Section 5,Page 6;Object Account 53210). ATTACHMENT The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda package: ·Liebert Cassidy Whitmore Agreement Orange County Sanitation District Printed on 10/20/2021Page 3 of 3 powered by Legistar™ 9813428.1 LC001-009 1 AGREEMENT FOR SPECIAL SERVICES This Agreement is entered into between the law firm of LIEBERT CASSIDY WHITMORE, A Professional Corporation (“Attorney”), and the ORANGE COUNTY SANITATION DISTRICT (“District”). 1. Conditions This Agreement will not take effect, and Attorney will have no obligation to provide services, until District returns a properly signed and executed copy of this Agreement. 2. Attorney’s Services Attorney agrees to provide District with consulting, representational and legal services pertaining to employment relations matters, including representation in negotiations and in administrative and court proceedings, as requested by District or otherwise required by law. 3. Fees, Costs, Expenses In consideration of the labor negotiation services to be provided under this Agreement, the District agrees to pay Attorney retainer fees in the amount of Five Thousand Two Hundred Ninety Dollars ($5,290.00) per month for three bargaining unit negotiations for a period of twelve (12) months. This retainer fee includes up to one hundred seventy-four (174) hours of Attorney time over the term of this agreement. Attorney time in excess of 174 hours and time devoted to post-mediation impasse proceedings, such as factfinding or interest arbitration, will be billed at the regular hourly rates identified below. Attorney’s regular hourly rates are from Two Hundred Ten to Three Hundred Eighty Dollars ($210.00 - $380.00) for Attorneys. See Schedule I for a full Fee Schedule. 9813428.1 LC001-009 2 The current hourly rate for Laura Kalty is $380.00. Attorney reviews its hourly rates on an annual basis and, if appropriate, adjusts them effective July 1. Attorney will provide the District with written notification of any adjustment in the range of rates. Attorneys, paraprofessionals and litigation support staff bill their time in minimum units of one-tenth of an hour. Other Expenses District agrees to reimburse Attorney for necessary costs and expenses incurred by Attorney on behalf of District. Attorney bills photocopying charges at Fifteen Cents ($0.15) per page. See Schedule I attached. Payment by District against monthly billings is due upon receipt of statements, and is considered delinquent if payment is not received within thirty (30) days of the date of the invoice. 4.Professional Liability Insurance The California Business & Professions Code requires us to inform you whether we maintain errors and omissions insurance coverage applicable to the services to be rendered to you. We hereby confirm that the firm does maintain such insurance coverage. 5.Arbitration of Professional Liability or Other Claims Disputes. If a dispute between District and Attorney arises over fees charged for services, the controversy will be submitted to binding arbitration in accordance with the rules of the California State Bar Fee Arbitration Program, set forth in California Business and Professions Code, sections 6200 through 6206. The arbitrator or arbitration panel shall have the authority to award to the prevailing party attorneys’ fees, costs and interest 9813428.1 LC001-009 3 incurred. Any arbitration award may be served by mail upon either side and personal service shall not be required. If a dispute arises between District and Attorney over any other aspect of the attorney-client relationship, including, without limitation, a claim for breach of professional duty, that dispute will also be resolved by arbitration. It is understood that any dispute as to any alleged breach of professional duty (that is, as to whether any legal services rendered under this agreement were allegedly unnecessary, unauthorized, omitted entirely, or were improperly, negligently or incompetently rendered) will be determined by submission to arbitration as provided by California law, and not by a lawsuit or resort to court process except as California law provides for judicial review of arbitration proceedings. Both parties to this agreement, by entering into it, are giving up their constitutional right to have any such dispute decided in a court of law before a jury, and instead are accepting the use of arbitration. Each party is to bear its own attorney’s fees and costs. 6. File Retention After our services conclude, Attorney will, upon District’s request, deliver the file for the matter to District, along with any funds or property of District’s in our possession. If District requests the file for the matter, Attorney will retain a copy of the file at the District’s expense. If District does not request the file for this matter, we will retain it for a period of seven (7) years after this matter is closed. If District does not request delivery of the file for this matter before the end of the seven (7) year period, we will have no further obligation to retain the file and may, at our discretion, destroy it without further notice to District. At any point during the seven (7) year period, District may request delivery of the file. 9813428.1 LC001-009 4 7.Assignment This Agreement is not assignable without the written consent of District. 8.Independent Contractor It is understood and agreed that Attorney, while engaged in performing the terms of this Agreement, is an independent contractor and not an employee of District. 9.Authority The signators to this Agreement represent that they hold the positions set forth below their signatures, and that they are authorized to execute this Agreement on behalf of their respective parties and to bind their respective parties hereto. 10.Term The term of this Agreement shall be for Twelve (12) months for the period covering October 1, 2021 through October 31, 2022, and may be modified by mutual agreement of the parties. LIEBERT CASSIDY WHITMORE, ORANGE COUNTY A Professional Corporation SANITATION DISTRICT By: ________________________ By: _______________________ Name: ______________________ Name: _____________________ Title: _______________________ Title: ______________________ Date: _______________________ Date: ______________________ John B. Withers Board Chairman 9813428.1 LC001-009 5 I.PUBLIC AGENCY FEE SCHEDULE Hourly Rates (As of Agreement Effective Date) Partners $380.00 Senior Counsel $325.00 Associates $210.00 - $305.00 Labor Relations/HR Consultant $240.00 Paraprofessionals & Litigation Support $135.00 - $175.00 II.COST SCHEDULE 1. Photocopies $0.15 per copy STEERING COMMITTEE Agenda Report Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 File #:2021-1900 Agenda Date:10/27/2021 Agenda Item No:3. FROM:James D. Herberg, General Manager SUBJECT: SUCCESSION MANAGEMENT - EXECUTIVE MANAGEMENT TEAM GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Recommend to the Board of Directors to: Authorize recruitment and selection for the vacant Director of Operations and Maintenance position. BACKGROUND Orange County Sanitation District’s (OC San) present organizational structure was put in place in 2018 in anticipation of the retirement of the Assistant General Manager (AGM) after 20 years with the agency. The approved structure included a second AGM position with responsibility for the Operations and Maintenance (O&M) and Engineering Departments. One of the existing department heads, Rob Thompson, was appointed to the new AGM role while retaining responsibilities as Director of O&M. The Director of Finance and Administrative Services (F&A), Lorenzo Tyner, was appointed to the vacant position created by the AGM’s retirement, retaining his duties as Director of F&A and providing oversight to the Environmental Services Department. These changes resulted in a vacant Department Head position that has remained unfilled. While none of the Executive Management Team (EMT) have set a retirement date, a majority of the EMT are eligible for retirement, including the General Manager (GM), with 29 years of service. The GM is recommending filling the vacant Director of O & M position in anticipation of pending retirements and to align our structure with OC San’s initiatives and challenges. With retirements expected among the EMT, the opportunity to streamline the EMT structure can be addressed in the next one (1) to three (3) years. RELEVANT STANDARDS ·Maintain a culture of improving efficiency to reduce the cost to provide the current service level or standard ·Plan for and execute succession, minimizing vacant position times Orange County Sanitation District Printed on 10/20/2021Page 1 of 3 powered by Legistar™ File #:2021-1900 Agenda Date:10/27/2021 Agenda Item No:3. PROBLEM With the majority of the EMT eligible for retirement,OC San is faced with a potential loss of leadership continuity in the next 1 to 3 years.In addition to the EMT,most of OC San’s managers reporting to the EMT will be eligible to retire within three years. OC San is currently carrying out major projects and initiatives focused on infrastructure maintenance, resource recovery,and operational resiliency.Successful completion of these efforts will require continuity of leadership at the executive management level,particularly in O&M due to the complexity and interrelated nature of the work. PROPOSED SOLUTION Staff has evaluated OC San’s organizational structure in anticipation of retirements from the EMT and recommends filling the vacant Director of O&M position as an initial step to ensure organizational stability.Filling the Director of O&M position will relieve the AGM of O&M department head duties. This will allow more focus on the Engineering Department’s Capital Improvement Program which is doubling over the next two years, and the program’s resultant impacts on O&M. TIMING CONCERNS Most of the EMT are currently eligible to retire,with about half expected to announce their retirement in the next 1 to 3 years. RAMIFICATIONS OF NOT TAKING ACTION OC San would miss the opportunity to strengthen our management structure in advance of expected leadership attrition,which will necessitate a more reactive stance with risk of project delays, infrastructure or operational problems, and other inefficiencies. PRIOR COMMITTEE/BOARD ACTIONS January 2018 -Board approved creation of a second AGM position with responsibility for the O&M and Engineering Departments,and appointment of one of the existing department heads to assume these additional responsibilities;and approved appointment of one of the existing department heads to the existing AGM position,overseeing the Finance &Administrative Services and Environmental Services Departments, upon the retirement of the existing AGM. ADDITIONAL INFORMATION OC San will have more flexibility to streamline the organization should the GM and/or one of the AGMs retire in the next 1 to 3 years.There are multiple options for streamlining the organization depending on the timing of individual retirements. When the second AGM position was created in 2018,OC San eliminated/held open the Director of O&M and Director of Finance positions.This agenda item recommends filling the Director O&M position.In the upcoming budget process,staff will consider recommending that the Director of Finance position be added to the budget as well. Orange County Sanitation District Printed on 10/20/2021Page 2 of 3 powered by Legistar™ File #:2021-1900 Agenda Date:10/27/2021 Agenda Item No:3. CEQA N/A FINANCIAL CONSIDERATIONS This request complies with authority levels of OC San’s Purchasing Ordinance.The Director of O & M position is included in the approved FY 2021-22 budget update.No change to the budget is required for the recommended action. ATTACHMENT The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda package: N/A Orange County Sanitation District Printed on 10/20/2021Page 3 of 3 powered by Legistar™ STEERING COMMITTEE Agenda Report Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 File #:2021-1901 Agenda Date:10/27/2021 Agenda Item No:CS-1 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,Supervisory and Professional Management Group,and unrepresented: Confidential, Managers, and Executive Managers. 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 10/20/2021Page 1 of 1 powered by Legistar™ 1425979.1 555 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: October 20, 2021 RE: Closed Session Items The Steering Committee will hold a closed session on October 27, 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, the Supervisory and Professional Management Group, and unrepresented: Confidential, Managers, and Executive Managers. The Agency Designated Representatives are Jim Herberg, Lorenzo Tyner, 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 #:2021-1903 Agenda Date:10/27/2021 Agenda Item No:CS-2 FROM:James D. Herberg, General Manager SUBJECT: CONFERENCE WITH REAL PROPERTY NEGOTIATORS - GOVERNMENT CODE SECTION 54956.8 RECOMMENDATION: Convene in Closed Session: Property: 7292 Slater Avenue Huntington Beach, CA - APN No. 110-010-39 Agency negotiators:General Manager Jim Herberg,Assistant General Manager Lorenzo Tyner,and Assistant General Manager Rob Thompson Negotiating parties: Northington Huntington Beach Investors LLC Under negotiation: Price and terms of payment BACKGROUND During the course of conducting the business set forth on this agenda as a regular meeting of the Board,the Chairperson may convene the Board in closed session to consider matters of pending real estate negotiations, pending or potential litigation, or personnel matters. Reports relating to (a)purchase and sale of real property;(b)matters of pending or potential litigation;(c)employment actions or negotiations with employee representatives;or which are exempt from public disclosure under the California Public Records Act,may be reviewed by the Board during a permitted closed session and are not available for public inspection.At such time the Board takes final action on any of these subjects, the minutes will reflect all required disclosures of information. RELEVANT STANDARDS ·Government Code Sections 54956.8, 54956.9, 54957, or 54957.6, as noted ATTACHMENT The following attachment(s)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 10/20/2021Page 1 of 1 powered by Legistar™ 1395680.1 555 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: October 20, 2021 RE: Closed Session Items The Steering Committee will hold a closed session on October 27, 2021 for the purpose of conferring with its negotiators regarding the purchase of real property. The negotiating parties and property are as follows: 7292 Slater Avenue Huntington Beach, CA – APN No. 110-010-39. The District’s negotiators are General Manager Jim Herberg, Assistant General Manager Lorenzo Tyner, and Assistant General Manager Rob Thompson. Said closed session will be held pursuant to authority of California Government Code Section 54956.8. 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 #:2021-1902 Agenda Date:10/27/2021 Agenda Item No:CS-3 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. Gilbert Barela v. Orange County Sanitation District; Steve Thornburg; Roy Reynolds; and Does 1-100, inclusive. Superior Court of California, County of Orange, Case No. 30-2021-01220927 -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 Orange County Sanitation District Printed on 10/20/2021Page 1 of 2 powered by Legistar™ File #:2021-1902 Agenda Date:10/27/2021 Agenda Item No:CS-3 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 10/20/2021Page 2 of 2 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: October 20, 2021 RE: Closed Session Items The Steering Committee desires to hold a closed session October 27, 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 Gilbert Barela v. Orange County Sanitation District; Steven Thornburg; Roy Reynolds; and Does 1-100, inclusive, Superior Court of California, County of Orange, Case No. 30-2021-01220927. 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 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: October 20, 2021 RE: Closed Session Items The Steering Committee desires to hold a closed session October 27, 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 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: October 20, 2021 RE: Closed Session Items The Steering Committee desires to hold a closed session October 27, 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 #:2021-1920 Agenda Date:10/27/2021 Agenda Item No:CS-4 FROM:James D. Herberg, General Manager SUBJECT: CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED LITIGATION - GOVERNMENT CODE SECTION 54956.9(D)(4) RECOMMENDATION: Convene in Closed Session: Number of Potential Cases: 1 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: ·Memorandum from General Counsel Orange County Sanitation District Printed on 10/20/2021Page 1 of 1 powered by Legistar™ 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: October 27, 2021 RE: Closed Session Items The Steering Committee desires to hold a closed session on October 27, 2021 for the purpose of conferring with its legal counsel regarding potential litigation. Based on existing facts and circumstances, the Board 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 Board of Directors must meet to consider possible initiation of an eminent domain action. 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 #:2021-1921 Agenda Date:10/27/2021 Agenda Item No:CS-5 FROM:James D. Herberg, General Manager SUBJECT: CONFERENCE WITH REAL PROPERTY NEGOTIATORS - GOVERNMENT CODE SECTION 54956.8 RECOMMENDATION: Convene in Closed Session: 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 10/20/2021Page 1 of 1 powered by Legistar™ 1395680.1 555 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: October 20, 2021 RE: Closed Session Items The Steering Committee will hold a closed session on October 27, 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 BOARD OF DIRECTORS Agenda Report Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 File #:2021-1936 Agenda Date:10/27/2021 Agenda Item No:CS-6 FROM:James D. Herberg, General Manager SUBJECT: CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATION OF LITIGATION - GOVERNMENT CODE SECTION 54956.9(D)(2) RECOMMENDATION: Convene in Closed Session: Number of Potential Cases: 1 Significant exposure to litigation regarding Notices of Violation from South Coast Air Quality Management District. 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 10/21/2021Page 1 of 1 powered by Legistar™ 1114544.1 555 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: October 21, 2021 RE: Closed Session Items The Steering Committee desires to hold a closed session on October 27, 2021 for the purpose of conferring with its legal counsel regarding anticipated litigation. Existing facts and circumstances reflect a significant exposure to litigation against the District. The closed session will be held pursuant to the authority of California Government Code Section 54956.9(d)(2). The facts and circumstances are as follows: The South Coast Air Quality Management District (“SCAQMD”) issued seven (7) Notices of Violation (NOV) alleging violations of SCAQMD Rules, including Rules 3002, 3003, 1110.2, 1146, 1403, and 430; 40 CFR 61.145; and associated permit conditions relating to operations at Plant 1 and Plant 2: NOV P63088 (issued on March 1, 2018); NOV P63093 (issued May 22, 2018); NOV P63094 (issued on May 22, 2018); NOV P65523 (issued on March 20, 2020); NOV P65524 (issued on May 26, 2020); NOV P65548 (issued on January 29, 2021); and NOV P65549 (issued on February 18, 2021). Respectfully submitted, 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.