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
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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
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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
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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
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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
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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
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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.
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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
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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
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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: 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
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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: 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
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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: 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
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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: 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
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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: 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
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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: 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
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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: 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
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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: 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.