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Home My WebLink About11-17-2021 Steering Committee Meeting Complete Agenda Packet ORANGE 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. OC ~SAN ORANGE COUNTY SANITATION DISTRICT 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: 382 607 219# 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 these technologies. We appreciate your interest in OC San! November 10, 2021 NOTICE OF MEETING STEERING COMMITTEE ORANGE COUNTY SANITATION DISTRICT REGULAR MEETING – 5:00 P.M. Wednesday, November 17, 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 Regular Meeting of the Steering Committee of the Orange County Sanitation District will be held in the manner indicated above on Wednesday, November 17, 2021 at 5:00 p.m. 0 ~SAN 10844 Ellis Avenue Fountain Valley, CA 92708 714.962.2411 ORANGE COUNTY SANITATION DISTRICT www.ocsan.gov Our Mission: To protect public health and the environment by providing effective wastewater collection, treatment, and recycling. Serving: Anaheim Brea Buena Park Cypress Fountain Valley Fullerton Garden Grove Huntington Beach Irvine La Habra La Palma Los Alamitos Newport Beach Orange Placentia Santa Ana Seal Beach Stanton Tustin Villa Park County of Orange Costa Mesa Sanitary District Midway City Sanitary District Irvine Ranch Water District Yorba Linda Water District STEERING COMMITTEE AND BOARD MEETING DATES 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 October 26, 2022 December 21, 2022 * * Meeting will be held on the third Wednesday of the month STEERING COMMITTEE (1) Roll Call: Meeting Date: November 17, 2021 Meeting Time: 5:00 p.m. Committee Members John Withers, Board Chair……………………………………………. ____ Chad Wanke, Board Vice-Chair……………………………………….. ____ Brooke Jones, Operations Committee Chair…………………………. ____ Glenn Parker, Administration Committee Chair……………………… ____ Jesus J. Silva, LaPA Committee Chair………………………………… ____ Ryan Gallagher, Member-At-Large…………………………………… ____ Sandra Massa-Lavitt, Member-At-Large……………………………… ____ Others Brad Hogin, General Counsel………………………………………... ____ Staff Jim Herberg, General Manager……………………………………… ____ Rob Thompson, Assistant General Manager………………………. ____ Lorenzo Tyner, Assistant General Manager………………………... ____ Celia Chandler, Director of Human Resources………..…………… ____ Kathy Millea, Director of Engineering………..……………………… ____ Lan Wiborg, Director of Environmental Services………..…….…… ____ Kelly Lore, Clerk of the Board…………...…………………………… ____ Other Staff Present ORANGE COUNTY SANITATION DISTRICT Effective 7/13/2021 BOARD OF DIRECTORS Complete Roster AGENCY/CITIES ACTIVE DIRECTOR ALTERNATE DIRECTOR Anaheim Stephen Faessel Jose Diaz Brea Glenn Parker Steven Vargas Buena Park Art Brown Connor Traut Cypress Paulo Morales Anne Hertz Fountain Valley Patrick Harper Glenn Grandis Fullerton Jesus J. Silva Nick Dunlap Garden Grove Steve Jones John O’Neill Huntington Beach Kim Carr Dan Kalmick Irvine Anthony Kuo Farrah N. Khan La Habra Rose Espinoza Jose Medrano La Palma Marshall Goodman Nitesh Patel Los Alamitos Mark A. Chirco Ron Bates Newport Beach Brad Avery Joy Brenner Orange Kim Nichols Chip Monaco Placentia Chad Wanke Ward Smith Santa Ana Johnathan Ryan Hernandez Nelida Mendoza Seal Beach Sandra Massa-Lavitt Schelly Sustarsic Stanton David Shawver Carol Warren Tustin Ryan Gallagher Austin Lumbard Villa Park Chad Zimmerman Robert Collacott Sanitary/Water Districts Costa Mesa Sanitary District Bob Ooten Art Perry Midway City Sanitary District Andrew Nguyen Sergio Contreras Irvine Ranch Water District John Withers Douglas Reinhart Yorba Linda Water District Brooke Jones Phil Hawkins County Areas Board of Supervisors Doug Chaffee Donald P. Wagner STEERING COMMITTEE Regular Meeting Agenda Wednesday, November 17, 2021 - 5:00 PM Board Room Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 AGENDA POSTING: In accordance with the requirements of California Government Code Section 54954.2, this agenda has been posted outside the main gate of the Sanitation District’s Administration Building located at 10844 Ellis Avenue, Fountain Valley, California, and on the Sanitation District’s website at www.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 OC ~SAN ORANGE COUNTY SANITATION DISTRICT STEERING COMMITTEE Regular Meeting Agenda Wednesday, November 17, 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. 1.2021-1940APPROVAL OF MINUTES RECOMMENDATION: Approve Minutes of the Special Meeting of the Steering Committee held October 27, 2021. Originator:Kelly Lore Agenda Report 10-27-2021 Steering Committee Special Meeting Minutes Attachments: Page 1 of 4 STEERING COMMITTEE Regular Meeting Agenda Wednesday, November 17, 2021 2.2021-1951AMENDMENT NO. 4 TO THE REAL PROPERTY LEASE AGREEMENT, SPECIFICATION NO. L-018, WITH TREESAP FARMS, LLC. RECOMMENDATION: Recommend to the Board of Directors to: Approve Amendment No. 4 to the Real Property Lease Agreement, Specification No. L-018, with TreeSap Farms, LLC, providing for a lease extension effective December 1, 2021 through November 30, 2026, with the option to renew for one additional 5-year period, at an annual rate of $8,623.74 plus the seasonally-adjusted change in the Consumer Price Index for all Urban Consumers. Originator:Lorenzo Tyner Agenda Report Amendment No. 4 - TreeSap Farms Attachments: NON-CONSENT: 3.2021-1897AGREEMENT TO PROVIDE SEWERAGE SERVICES BY ORANGE COUNTY SANITATION DISTRICT TO A PORTION OF THE CITY OF LONG BEACH, CALIFORNIA RECOMMENDATION: Recommend to the Board of Directors to: Approve the Agreement between the City of Long Beach Board of Water Commissioners and Orange County Sanitation District to provide Out of Service Area sewage collection and treatment services, in a form approved by General Counsel. Originator:Kathy Millea Agenda Report Draft Out of Area Sewer Service Agreement Presentation - Long Beach Out of Service Area Agreement Attachments: INFORMATION ITEMS: None. DEPARTMENT HEAD REPORTS: CLOSED SESSION: During the course of conducting the business set forth on this agenda as a regular meeting of the Board, the Chairperson may convene the Board in closed session to consider matters of pending real estate negotiations, pending or potential litigation, or personnel matters, pursuant to Government Code Sections 54956.8, 54956.9, 54957 or 54957.6, as noted. Reports relating to (a) purchase and sale of real property; (b) matters of pending or potential litigation; (c) employment actions or negotiations with employee representatives; or which are exempt from public disclosure under the California Public Records Act, may be reviewed by the Board during a permitted closed session and are Page 2 of 4 STEERING COMMITTEE Regular Meeting Agenda Wednesday, November 17, 2021 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 2021-1978CONFERENCE 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. Agenda Report Memo re Barela Litigation_Steering 11-17-21 Memo re Janz Litigation_Steering 11-17-21 Memo re Palazuelos Litigation_Steering 11-17-21 Attachments: CS-2 2021-1979CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED LITIGATION - GOVERNMENT CODE SECTION 54956.9(d)(4) RECOMMENDATION: Convene in Closed Session: Number of Potential Cases: 2 A. Potential litigation - Initiation of Litigation - Claim against California Department of Tax and Fee Administration, for reimbursement of sales tax paid on chemical purchases. B. Potential litigation - Initiation of Litigation - Claim against USS Cal Builders Inc. for pipeline repair costs. Agenda Report Memo re CA Department of Tax and Fee Administration_Steering 11-17-21 Memo re USS Cal Builders Inc_Steering 11-17-21 Attachments: Page 3 of 4 STEERING COMMITTEE Regular Meeting Agenda Wednesday, November 17, 2021 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 December 15, 2021 at 5:00 p.m. Page 4 of 4 STEERING COMMITTEE Agenda Report Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 File #:2021-1940 Agenda Date:11/17/2021 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 October 27, 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 October 27, 2021 Orange County Sanitation District Printed on 11/9/2021Page 1 of 1 powered by Legistar™ OC6SAN ORANGE COUNTY SANITATION DISTRICT Orange County Sanitation District Minutes for the STEERING COMMITTEE Wednesday, October 27, 2021 4:30 PM Board Room Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 SPECIAL MEETING TIME 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, October 27, 2021 at 4:30 p.m. in the Administration Building of the Orange County Sanitation District. Chair Withers stated that the meeting was being held telephonically and via Internet accessibility in accordance with new provisions in California Government Code Section 54953 and Resolution No. OC SAN 21-14, due to the continued State of Emergency Order. Chair Withers announced the teleconference meeting guidelines. 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 Mortimer Caparas 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; Stephanie Barron; Andrew Brown; Jennifer Cabral; George Crawford; Raul Cuellar; Tina Knapp; Laura Maravilla; Tom Meregillano; Jeff Mohr; Wally Ritchie;Thomas Vu; Eros Yong; and Ruth Zintzun were in attendance telephonically. OTHERS PRESENT: Brad Hogin, General Counsel, and Gary Weisberg, Associate Counsel, were present in the Board Room. Maya Grasse, Alston and Bird, and Logan Largent and Jeff Gilson, TASC, were in attendance telephonically. PUBLIC COMMENTS: None. Clerk of the Board Kelly Lore announced that after the publication of the Agenda, she was notified that Closed Session Item Nos. CS-2 and CS-3 A-C would not be heard; and that CS-6 would be heard at the beginning of Closed Session. Page 1 of 6 OC ~SAN ORANGE COUNTY SANITATION DISTRICT STEERING COMMITTEE Minutes October 27, 2021 REPORTS: Chair Withers did not provide a report. General Manager Jim Herberg did not provide a report. CONSENT CALENDAR: 1.APPROVAL OF MINUTES 2021-1905 Originator: Kelly Lore MOVED, SECONDED, AND DULY CARRIED TO: Approve Minutes of the Special Meeting of the Steering Committee held September 29, 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: 2.LABOR RELATIONS - CHIEF NEGOTIATOR AGREEMENT 2021-1872 Originator: Celia Chandler Director of Human Resources Celia Chandler provided an overview of the item. MOVED, SECONDED, AND DULY CARRIED TO: 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. AYES:John Withers, Chad Wanke, Ryan Gallagher, Brooke Jones, Sandra Massa-Lavitt, Jesus Silva and Glenn Parker NOES:None ABSENT:None ABSTENTIONS:None 3.SUCCESSION MANAGEMENT - EXECUTIVE MANAGEMENT TEAM 2021-1900 Originator: Jim Herberg Mr. Herberg presented the item and responded to questions from the Committee . Page 2 of 6 STEERING COMMITTEE Minutes October 27, 2021 MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: Authorize recruitment and selection for the vacant Director of Operations and Maintenance position. AYES:John Withers, Chad Wanke, Ryan Gallagher, Brooke Jones, Sandra Massa-Lavitt, Jesus Silva and Glenn Parker NOES:None ABSENT:None ABSTENTIONS:None INFORMATION ITEMS: None. CLOSED SESSION: CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS 54957.6, 54956.8, 54956.9(d)(2) & 54956.9(d)(4). The Committee convened in closed session at 4:53 p.m. to hear four items. Item Nos. CS-2 and CS-3 were not heard. 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 LABOR NEGOTIATORS - GOVERNMENT CODE SECTION 54957.6 2021-1901 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, Supervisory and Professional Management Group, and unrepresented: Confidential, Managers, and Executive Managers. CS-2 CONFERENCE WITH REAL PROPERTY NEGOTIATORS - GOVERNMENT CODE SECTION 54956.8 2021-1903 DID NOT CONVENE IN CLOSED SESSION: Page 3 of 6 STEERING COMMITTEE Minutes October 27, 2021 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 CS-3 CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION - GOVERNMENT CODE SECTION 54956.9(d)(1) 2021-1902 DID NOT 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. CS-4 CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED LITIGATION - GOVERNMENT CODE SECTION 54956.9(d)(4) 2021-1920 CONVENED IN CLOSED SESSION: Number of Potential Cases: 1 Potential initiation of eminent domain litigation regarding property owned by Bayside Village Marina, LLC. CS-5 CONFERENCE WITH REAL PROPERTY NEGOTIATORS - GOVERNMENT CODE SECTION 54956.8 2021-1921 CONVENED IN CLOSED SESSION: Page 4 of 6 STEERING COMMITTEE Minutes October 27, 2021 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 CS-6 CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATION OF LITIGATION - GOVERNMENT CODE SECTION 54956.9(d)(2) 2021-1936 CONVENED IN CLOSED SESSION: Number of Potential Cases: 1 Significant exposure to litigation regarding Notices of Violation from South Coast Air Quality Management District. RECONVENED IN REGULAR SESSION. The Committee reconvened in regular session at 5:22 p.m. CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED SESSION: None. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: None. BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING: None. ADJOURNMENT: Chair Withers declared the meeting adjourned at 5:24 p.m. to the next Regular Steering Committee meeting to be held on Wednesday, November 17, 2021 at 5:00 p.m. Page 5 of 6 STEERING COMMITTEE Minutes October 27, 2021 Submitted by: __________________ Kelly A. Lore, MMC Clerk of the Board Page 6 of 6 STEERING COMMITTEE Agenda Report Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 File #:2021-1951 Agenda Date:11/17/2021 Agenda Item No:2. FROM:James D. Herberg, General Manager Originator: Lorenzo Tyner, Assistant General Manager SUBJECT: AMENDMENT NO. 4 TO THE REAL PROPERTY LEASE AGREEMENT, SPECIFICATION NO. L- 018, WITH TREESAP FARMS, LLC. GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Recommend to the Board of Directors to: Approve Amendment No. 4 to the Real Property Lease Agreement, Specification No. L-018, with TreeSap Farms, LLC, providing for a lease extension effective December 1, 2021 through November 30, 2026, with the option to renew for one additional 5-year period, at an annual rate of $8,623.74 plus the seasonally-adjusted change in the Consumer Price Index for all Urban Consumers. BACKGROUND The Orange County Sanitation District (Sanitation District) entered into a 10-year lease agreement with Village Nurseries effective December 1, 1996, in connection with real property located across Garfield Street from Plant No. 1, expring November 30, 2006. The term of the lease provides for lease extensions in four, five-year, mutually negotiable increments, or up to 20 additional years. The proposed Amendment No. 4 would be for the fourth five-year lease extension with TreeSap Farms, as successor to Village Nurseries Wholesale. RELEVANT STANDARDS ·Protect OC San assets PROBLEM The current Amendment No. 3 expires on November 30, 2021. PROPOSED SOLUTION Approve Amendment No. 4 to the Real Property Lease Agreement, Specification No. L-018, with TreeSap Farms, LLC, providing for a lease extension effective December 1, 2021 through November 30, 2026. Orange County Sanitation District Printed on 11/9/2021Page 1 of 2 powered by Legistar™ OC6SAN ORANGE COUNTY SANITATION DISTRICT File #:2021-1951 Agenda Date:11/17/2021 Agenda Item No:2. TIMING CONCERNS Expiration of current lease term on November 30, 2021. RAMIFICATIONS OF NOT TAKING ACTION Property would be vacant and TreeSap Farms would be required to remove the nursery from OC San’s property. PRIOR COMMITTEE/BOARD ACTIONS February 2017 - Executed Amendment No. 3 to the agreement, extending the lease for 5 years. September 2011 - Approved Amendment No. 2 to the agreement, extending the lease for 5 years. November 2006 - Approved Amendment No. 1 to the agreement, extending the lease for 5 years. December 1996 -Approved 10-year lease agreement with Village Nurseries effective December 1, 1996 through November 30, 2006. ADDITIONAL INFORMATION This property is being held by OC San for potential expansion of Plant No.1 should new treatment requirements necessitate that OC San build additional facilities.At this time,there are no requirements foreseen in the next five years that would necessitate the use of this property for wastewater treatment or conveyance. Commencing Year 16 through Year 20,the base rent is subject to upward adjustment on December 1,2011,and every year thereafter,(Adjustment Date)based on the seasonally adjusted change in the Consumer Price Index for all Urban Consumers (CPI-U)in the Los Angeles-Riverside-Orange County area for the month of October preceding the Adjustment Date. CEQA N/A FINANCIAL CONSIDERATIONS N/A ATTACHMENT The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda package: ·Orange County Sanitation District Lease Amendment No. 4 - TreeSap Farms Orange County Sanitation District Printed on 11/9/2021Page 2 of 2 powered by Legistar™ AMENDMENT NO. 4 TO REAL PROPERTY LEASE BY AND BETWEEN THE ORANGE COUNTY SANITATION DISTRICT AND TSV OPCO, LLC. SPECIFICATION NO. L-018 This Amendment No. 4 to the Real Property Lease dated December 18, 1996, as amended pursuant to the Amendment to Real Property Lease dated November 15, 2006, the Amendment No. 2 to the Real Property Lease dated November 9, 2011, and the Amendment No. 3 to the Real Property Lease dated February 1, 2017 shall become effective this 1st day of December, 2021, by and between the Orange County Sanitation District ("Landlord"), and TSV Opco, LLC ('Tenant"). Landlord and Tenant are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as "Parties." RECITALS WHEREAS, County Sanitation District No. 2, 3, 4, 6, 7, 11, 13, and 14 of Orange County, predecessor to Landlord, and Village Nurseries, LP, predecessor to Tenant, entered into a Real Property Lease Agreement effective December 1, 1996 (the "Lease Agreement"), for the lease of certain real property described in Section 15 of the Lease Agreement as "a strip of land, approximately four acres of land located west of the west bank of the Santa Ana River south of Garfield Avenue to south Yorktown Avenue in the City of Huntington Beach", hereinafter referred to as "Leasehold"; and WHEREAS, the Lease Agreement was effective through and including November 30, 2006;and WHEREAS, Landlord and Village Nurseries Wholesale, LLC, successor to Village Nurseries, LP and predecessor to Tenant, entered into an amendment of the Lease Agreement entitled "Amendment to Real Property Lease" effective December 1, 2006, which extended the Lease Agreement for an additional five (5) year period, through and including November 30, 2011, and amended other provisions of the Lease Agreement ("Amendment No. 1"); and WHEREAS, Landlord and Village Nurseries Wholesale, LLC entered into a second amendment of the Lease Agreement entitled "Amendment No. 2 to Real Property Lease" effective December 1, 2011, which extended the Lease Agreement for an additional five (5) year period, through and including November 30, 2016, and amended other provisions of the Lease Agreement ("Amendment No. 2"); and WHEREAS, Landlord and Village Nurseries Wholesale, LLC entered into a third amendment of the Lease Agreement entitled "Amendment No. 3 to Real Property Lease" effective December 1, 2016, which extended the Lease Agreement for an additional five (5) year period, through and including November 30, 2021, and amended other provisions of the Lease Agreement ("Amendment No. 3"); and 1 1625721.4 WHEREAS, on or about September 30, 2017, TSV Opco, LLC acquired substantially all of the operating assets of Village Nurseries Wholesale, LLC, which assigned its interests as lessee of the Lease Agreement to TSV Opco, LLC, as consented to and acknowledged by Landlord; and WHEREAS, Landlord and Tenant, as successor to Village Nurseries Wholesale, LLC, desire to extend the Lease Agreement beyond November 30, 2021 for an additional five (5) years; and WHEREAS, Landlord and Tenant desire to amend Paragraph 2 entitled "LEASE PAYMENTS" to reflect a new payment schedule, and WHEREAS, except as modified and/or amended expressly herein, Landlord and Tenant intend that all terms and conditions of the Lease Agreement, as modified by Amendment No. 1, Amendment No. 2, and Amendment No. 3 shall remain in full force and effect. NOW, THEREFORE, in consideration of the mutual covenants specified herein, the Parties agree as follows: 1. The Lease Agreement entered into by and between the Parties shall be extended for an additional five (5) years and shall run through and including November 30, 2026. Section 1 of the Lease Agreement, as modified by Amendment No. 1, shall be deleted in its entirety and restated as follows: "1. TERM: That the term of said lease shall be for a period of thirty years beginning December 1, 1996, and ending November 30, 2026, and that the terms of this lease may be terminated upon 30-days written notice by Landlord in the event of a determination by Landlord of a need for the use of said Leasehold property. Additionally, the lease may be extended by written agreement of the Parties for one, five year mutually agreeable increment." 2. Section 2 of the Lease Agreement, as modified by Amendment No. 1, Amendment No. 2, and Amendment No. 3, shall be deleted in its entirety and restated as follows: [625721.4 "2. LEASE PAYMENTS: During each year of this 30-Year Lease, Tenant shall pay to Landlord, as Rent, without Deduction, set-off, prior notice or demand, the following amounts, Per Annum. Contract Year Years 1 and 2 Years 3 and 4 Years 5 and 6 Years 7 and 8 Years 9 and 10 Calendar Year 1997 & 1998 1999 & 2000 2001 & 2002 2003 & 2004 2005 & 2006 2 Lease Amount $3,200.00 $3,200.00 $4,000.00 $4,800.00 $5,600.00 Year 11 Year12 Year13 Year14 Year15 2007 2008 2009 2010 2011 $5,900.00 $6,200.00 $6,500.00 $6,800.00 $7,150.00 Commencing Year 16 through 30, the base rent was subject to upward adjustment on December 1, 2011, and every year thereafter, ("Adjustment Date") based on the seasonally adjusted change in the Consumer Price Index for all Urban Consumers (CPI-U) in the Los Angeles- Riverside-Orange County area for the month of October preceding the Adjustment Date. Following are the calculated annual lease payments from Year 16 through Year 25 (Year 25 being December 1, 2020 through November 30, 2021): Contract Year Year16 Year17 Year18 Year19 Year20 Year21 Year22 Year23 Year24 Year25 Calendar Year 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Lease Amount $7,350.20 $7,570.70 $7,570.70 $7,676.69 $7,692.04 $7,815.11 $7,971.41 $8,298.24 $8,563.79 $8 ,623.74 Said sum shall be payable on the date the term commences, to wit, December 1, 1996, and on December 1st of each succeeding year during the term of this lease." 3. This Amendment No. 4 is supplemental to the Lease Agreement, as modified by Amendment No. 1, Amendment No. 2, and Amendment No. 3, and is by reference made part of said Lease Agreement. All of the terms, conditions, and provisions, thereof, unless specifically modified herein, shall continue in full force and effect. In the event of any conflict or inconsistency between the provisions of this Amendment No. 4 and any provisions of the Lease Agreement and Amendment No. 1, the provisions of this Amendment No. 4 shall in all respects govern and control. 4. The persons executing this Amendment No. 4 on behalf of the Parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 4 on behalf of said Party, (iii) by so executing this Amendment No. 4, such party is formally bound to the provisions of this Amendment No. 4, and (iv) the entering into this Amendment No. 4 does not violate any provisions of any other agreement to which said party is bound. 1625721.4 IN WITNESS WHEREOF, this Amendment No. 4 has been executed in the name of 3 Landlord by its officers, thereunto duly authorized, and executed by Tenant as of this __ day of ______ , 2021. APPROVED AS TO FORM: Bradley R. Hogin General Counsel 162S721.4 ORANGE COUNTY SANITATION DISTRICT By _____________ _ John Withers Chair, Board of Directors By _____________ _ Kelly Lore Clerk of the Board TSV OPCO, LLC By Jon0.n sb tein, 4 STEERING COMMITTEE Agenda Report Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 File #:2021-1897 Agenda Date:11/17/2021 Agenda Item No:3. FROM:James D. Herberg, General Manager Originator: Kathy Millea, Director of Engineering SUBJECT: AGREEMENT TO PROVIDE SEWERAGE SERVICES BY ORANGE COUNTY SANITATION DISTRICT TO A PORTION OF THE CITY OF LONG BEACH, CALIFORNIA GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Recommend to the Board of Directors to: Approve the Agreement between the City of Long Beach Board of Water Commissioners and Orange County Sanitation District to provide Out of Service Area sewage collection and treatment services, in a form approved by General Counsel. BACKGROUND A certain residential territory located easterly of the San Gabriel River referred to as Island Village, annexed to the City of Long Beach (City), is geographically isolated from the City and Los Angeles County Sanitation Districts’ sewer facilities. Island Village contains 185 units and produces an estimated wastewater flow of 63,500 gallons per day. Island Village is located on Westminster Boulevard and borders the City of Seal Beach. In order for sanitary sewage to flow to the City, a pumping facility and a pipeline would need to be installed across the San Gabriel River. In the 1970s it was determined the public would be best served if the Island Village sanitary sewage were allowed to flow to the Orange County Sanitation District (OC San) collection and treatment system. An agreement was entered between the City of Long Beach and OC San in 1973 that allowed these sewerage services to be provided by OC San for Island Village. This agreement is still active and is set to expire at the end of the 2021 calendar year. RELEVANT STANDARDS ·Build brand, trust, and support with policy makers and community leaders ·Maintain collaborative and cooperative relationships with regulators, stakeholders, and neighboring communities ·Operate and maintain facilities to minimize impacts on surrounding communities, including odor, noise, and lighting PROBLEM The City has no plans to build facilities that will provide collection and treatment service (via Los Angeles County Sanitation Districts) to Island Village and the existing agreement is set to expire at the end of the 2021 calendar year. PROPOSED SOLUTION Execute a new agreement with similar terms and conditions. TIMING CONCERNS The current agreement expires on December 31, 2021. Orange County Sanitation District Printed on 11/10/2021Page 1 of 2 powered by Legistar™ OC6SAN ORANGE COUNTY SANITATION DISTRICT File #:2021-1897 Agenda Date:11/17/2021 Agenda Item No:3. RAMIFICATIONS OF NOT TAKING ACTION The City would need to build facilities to transport sanitary sewage from Island Village so it can be treated in Los Angeles County. PRIOR COMMITTEE/BOARD ACTIONS July 1972 - Adopted Resolution No. 72-97 approving the agreement with City of Long Beach. ADDITIONAL INFORMATION N/A CEQA This is not a project as defined by the California Environmental Quality Act (CEQA), therefore CEQA does not apply. FINANCIAL CONSIDERATIONS As per the existing agreement,the City will annually pay OC San fees as if Island Village was within the Service Area, plus a sum of 10% of these fees. The City will collect these fees on OC San’s behalf. Annual fees average $90k/year. ATTACHMENT The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda package: ·Draft Agreement ·Presentation DL:sa Orange County Sanitation District Printed on 11/10/2021Page 2 of 2 powered by Legistar™ 1 AGREEMENT BETWEEN LONG BEACH WATER DEPARTMENT AND ORANGE COUNTY SANITATION DISTRICT TO PROVIDE SEWERAGE SERVICES BY ORANGE COUNTY SANITATION DISTRICT TO A PORTION OF THE CITY OF LONG BEACH, CALIFORNIA This agreement (“Agreement”) is made and entered into by and between the Board of Water Commissioners of the City of Long Beach, acting through the Long Beach Water Department (“LBWD”) and the Orange County Sanitation District, a duly organized County Sanitation District organized under the provisions of the Health and Safety Code of the State of California, Section 4700 et seq., ("OC San"). The LBWD and OC San are sometimes referred to jointly herein as “the parties.” RECITALS A. Whereas, a certain territory lying easterly of the San Gabriel River referred to as Island Village, annexed to the City of Long Beach within tentative Tract No. 29312 (see Exhibit A), is physically isolated from the rest of LBWD’s sewer system and the Los Angeles County Sanitation District’s sewerage facilities; and B. Whereas, OC San is tributary to the Island Village and has been accepting sewer flows via an Out of Area Sewer Service Agreement since 1973; and C. Whereas, that Out of Area Sewer Service Agreement is set to expire at the end of the 2021 calendar year; and D. Whereas, it is feasible to continue providing sewerage services for said territory through the sewerage system of OC San located in the City of Seal Beach, California; and E. Whereas, it appears in the public interest to continue providing for such services by an agreement between the parties hereto. AGREEMENT NOW, THEREFORE, the parties understand and agree as follows: 1. Purpose: OC San will continue to receive, transport, treat and dispose of the sewage arising from the territory included within Tract No. 29312, providing that said tract continues to be used for residential purposes only and that said sewage so discharged complies with the quality criteria established for sewage being discharged to the OC 2 San as said sewage criteria are presently established and may from time to time hereafter be established by the OC San. The sewerage facility for said territory is connected to OC San’s sewerage facilities at/or near the Seal Beach Boulevard pumping station. 2. Responsibilities of the Parties: Parties hereby agree to perform the following tasks. 2.1 OC San shall not be liable for the maintenance of any sewerage facility constructed to serve the territory in Tract No. 29312 up to the point of connection with OC San’s sewerage facilities at/or near the Seal Beach Boulevard pumping station. 2.2 Annually, throughout the term of this Agreement commencing with the first day of January 2022, LBWD will continue to pay to OC San a sum equal to that amount of money which would have been received from all of the properties within Tract No. 29312 had said tract been annexed to OC San and subject to all ad valorem taxes levied by OC San other than taxes for special zones or purposes not related to providing of sewage service to said tract, plus a sum equal to 10% of said amount. For the purpose of determining this amount, as previously done, the assessed values of all properties within said Tract No. 29312 as made by the Tax Assessor of the Los Angeles County shall be used as the values of said tract, providing that said assessment is in the reasonable opinion of said Tax Assessor, not less than 25% of the market value of said property. In the event, during the term of this Agreement, OC San adopts a revenue ordinance establishing charges for the use of facilities within the OC San, in lieu of any or all aforementioned ad valorem taxes, LBWD will pay to OC San annually as provided above a sum equal to that amount of money which would have been received from all of the property within Tract No. 29312 had said tract been annexed to OC San, plus a sum equal to 10% of said amount. 2.3 OC San will continue to issue a letter to LBWD annually when the assessed value for the properties are nearing the due date for timely gathering of property assessed values by LBWD and for sewer charge assessment by OC San. 2.4 LBWD will confirm assessed value information from the Los Angeles County Tax Assessor’s Office’s website is updated for the current year, and if so, gather the required data, and provide the requested information to OC San for processing. 3. Payment: OC San shall provide an invoice annually for sewer capacity charge based on the provided property assessed values. The payment request under this Agreement shall reference Agreement WD between LBWD and OC San and be sent to: 3 Long Beach Water Department 1800 E. Wardlow Road Long Beach, CA 90807 ATTN: Accounts Payable 4. Notices: Any notice to be given hereunder by either party to the other shall be in writing, and either served personally or sent by prepaid first-class mail. Any such notice shall be addressed as follows: To OC San: Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, CA 92708 ATTN: Clerk of the Board To LBWD: Long Beach Water Department 1800 E. Wardlow Road Long Beach, CA 90807 ATTN: General Manager Or to such other address as OC San and LBWD may hereafter designate by written notice. Notice shall be deemed communicated within seventy-two (72) hours from the time of mailing if mailed as provided in this paragraph. 5. Term: This Agreement shall take effect upon the signature of officials both parties authorized to enter into such agreements and shall remain in effect until December 31, 2071, provided, however, that LBWD may terminate this Agreement upon giving OC San at least one (1) year's notice and further provided that OC San will consider a renegotiation of this Agreement if no other means of providing sewerage facilities are deemed feasible one (1) year prior to the termination of this Agreement, and further provided that all terms and conditions of any such new agreement shall be subject to renegotiation. 6. Execution: The person executing this Agreement hereby represents and warrants that they are duly authorized by the party or entity they represent to execute this Agreement on behalf of the party or entity. By execution of this Agreement, each party hereby acknowledges the receipt and acceptance of the terms and conditions of this Agreement. 4 Board of Water Commissioners of City of Long Beach By: Christopher J. Garner General Manger Date: APPROVED AS TO FORM: Deputy City Attorney 5 Orange County Sanitation District By: John Withers Board of Directors Chair Date: APPROVED AS TO FORM: Bradley R. Hogin General Counsel Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community 0 1,000 2,000500Feet ® Date: 10/13/2021Path: I:\PROJECT\ArcGISPro\IslandVillageNEW.aprx ¬«22¬«103 ¬«1 ¬«91 §¨¦605 §¨¦710 §¨¦405 2nd S t E 10th St Cla r k A v e E 4th St Atherton St Oran g e A v e E Willow St Bell f l o w e r B l v d W Ocean B l v d E Spring St E 7th St Stearns St Atl a n t i c A v e Ball Rd Garf i e l d A v e Wood r u f f A v e W Carson St San t a F e A v e Dow n e y A v e Carson St Para m o u n t B l v d Victoria St Anaheim St Palo V e r d e A v e Norw a l k B l v d Katella Ave Pio n e e r B l v d Lak e w o o d B l v d Artesia Blvd N Flower StGreenleaf Blvd Alam e d a S t Seal B e a c h B l v d Westminster Ave South St Artesia Blvd Wilm i n g t o n A v e Blo o m f i e l d A v e Stu d e b a k e r R d Del Amo Blvd Alondra Blvd Exhibit A Displaying Long Beach Island Village Connection to OC San Seal Beach Pump Station Long Beach Water Orange County Sanitation District Long Beach Water Department (LBWD) Island Village Boundary Long Beach City Boundary OC San Seal Beach Pump StationLong Beach Island Village 58 ff \ ' I I I \ I ~ I I I I AJX>lkl Cl Salum Way 5d ff ID "O ~ a: .c !:. ::, .c t Chase Well, Fargo -.. / 11/9/2021 1 Agreement to Provide Sewerage Services to a Portion of the City of Long Beach Presented by: Kathy Millea Director of Engineering Steering Committee November 17, 2021 2 OC San Service Area 1 2 11/9/2021 2 3 Out of Service Area Agreements City of LA Power Plant Long Beach Island Village Sunset Beach San District Naval Weapons Station AERA (not in service) LA County San SAWPA Los Alisos Area (IRWD) El Moro/Crystal Cove (IRWD) La Habra Heights 4 Long Beach Island Village City of LA Power Plant Long Beach Island Village Sunset Beach San District Naval Weapons Station AERA (not in service) LA County San SAWPA Los Alisos Area (IRWD) El Moro/Crystal Cove (IRWD) La Habra Heights 3 4 ==-----==-·---SAN ----=- SAN ----_J 11/9/2021 3 5 Long Beach Island Village Long Beach Island Village OC SAN Se r v i c e A r e a B o u n d a r y Recommend to the Board of Directors to: Approve the Agreement between the City of Long Beach Board of Water Commissioners and Orange County Sanitation District to provide Out of Service Area sewage collection and treatment services, in a form approved by General Counsel. Recommendation 6 5 6 ---------- 11/9/2021 4 Questions ? 7 7 STEERING COMMITTEE Agenda Report Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 File #:2021-1978 Agenda Date:11/17/2021 Agenda Item No:CS-1 FROM:James D. Herberg, General Manager SUBJECT: CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION - GOVERNMENT CODE SECTION 54956.9(D)(1) RECOMMENDATION: Convene in Closed Session: Number of Cases: 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 11/9/2021Page 1 of 2 powered by Legistar™ OC6SAN ORANGE COUNTY SANITATION DISTRICT File #:2021-1978 Agenda Date:11/17/2021 Agenda Item No:CS-1 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 11/9/2021Page 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: November 9, 2021 RE: Closed Session Item The Steering Committee desires to hold a closed session November 17, 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: November 9, 2021 RE: Closed Session Item The Steering Committee desires to hold a closed session November 17, 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: November 9, 2021 RE: Closed Session Item The Steering Committee desires to hold a closed session November 17, 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 #:2021-1979 Agenda Date:11/17/2021 Agenda Item No:CS-2 FROM:James D. Herberg, General Manager SUBJECT: CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED LITIGATION - GOVERNMENT CODE SECTION 54956.9(D)(4) RECOMMENDATION: Convene in Closed Session: Number of Potential Cases: 2 A. Potential litigation - Initiation of Litigation - Claim against California Department of Tax and Fee Administration, for reimbursement of sales tax paid on chemical purchases. B. Potential litigation - Initiation of Litigation - Claim against USS Cal Builders Inc. for pipeline repair costs. BACKGROUND During the course of conducting the business set forth on this agenda as a regular meeting of the Board, the Chairperson may convene the Board in closed session to consider matters of pending real estate negotiations, pending or potential litigation, or personnel matters. Reports relating to (a) purchase and sale of real property; (b) matters of pending or potential litigation; (c) employment actions or negotiations with employee representatives; or which are exempt from public disclosure under the California Public Records Act, may be reviewed by the Board during a permitted closed session and are not available for public inspection. At such time the Board takes final action on any of these subjects, the minutes will reflect all required disclosures of information. RELEVANT STANDARDS ·Government Code Sections 54956.8, 54956.9, 54957, or 54957.6, as noted ATTACHMENT The following attachment(s) may be viewed on-line at the OC San website (www.ocsan.gov) with the complete agenda package: ·Memoranda from General Counsel Orange County Sanitation District Printed on 11/9/2021Page 1 of 1 powered by Legistar™ OC6SAN ORANGE COUNTY SANITATION DISTRICT 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: November 9, 2021 RE: Closed Session Item The Steering Committee desires to hold a closed session on November 17, 2021 for the purpose of conferring with its legal counsel regarding potential litigation. Based on existing facts and circumstances, the Committee is deciding whether to initiate litigation against another party. The closed session will be held pursuant to the authority of California Government Code Section 54956.9(d)(4). The facts and circumstances are as follows: The District has filed claims with the California Department of Tax and Fee Administration (“CDTFA”) seeking refunds for sales taxes paid on the purchase of chemicals used to treat wastewater. To date, CDTFA has failed to pay the claims. Respectfully submitted, By: _________________________ Bradley R. Hogin, General Counsel 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: November 9, 2021 RE: Closed Session Item The Steering Committee desires to hold a closed session on November 17, 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: USS Cal Builders, Inc., a construction company, damaged one of the District’s pipelines. The District repaired the damage at its own cost and seeks reimbursement from USS Cal Builders, Inc. or its insurer. Respectfully submitted, By: _________________________ Bradley R. Hogin, General Counsel ORANGE COUNTY SANITATION DISTRICT COMMON ACRONYMS ACWA Association of California Water Agencies LOS Level Of Service RFP Request For Proposal APWA American Public Works Association MGD Million Gallons Per Day RWQCB Regional Water Quality Control Board AQMD Air Quality Management District MOU Memorandum of Understanding SARFPA Santa Ana River Flood Protection Agency ASCE American Society of Civil Engineers NACWA National Association of Clean Water Agencies SARI Santa Ana River Interceptor BOD Biochemical Oxygen Demand NEPA National Environmental Policy Act SARWQCB Santa Ana Regional Water Quality Control Board CARB California Air Resources Board NGOs Non-Governmental Organizations SAWPA Santa Ana Watershed Project Authority CASA California Association of Sanitation Agencies NPDES National Pollutant Discharge Elimination System SCADA Supervisory Control And Data Acquisition CCTV Closed Circuit Television NWRI National Water Research Institute SCAP Southern California Alliance of Publicly Owned Treatment Works CEQA California Environmental Quality Act O & M Operations & Maintenance SCAQMD South Coast Air Quality Management District CIP Capital Improvement Program OCCOG Orange County Council of Governments SOCWA South Orange County Wastewater Authority CRWQCB California Regional Water Quality Control Board OCHCA Orange County Health Care Agency SRF Clean Water State Revolving Fund CWA Clean Water Act OCSD Orange County Sanitation District SSMP Sewer System Management Plan CWEA California Water Environment Association OCWD Orange County Water District SSO Sanitary Sewer Overflow EIR Environmental Impact Report OOBS Ocean Outfall Booster Station SWRCB State Water Resources Control Board EMT Executive Management Team OSHA Occupational Safety and Health Administration TDS Total Dissolved Solids EPA US Environmental Protection Agency PCSA Professional Consultant/Construction Services Agreement TMDL Total Maximum Daily Load FOG Fats, Oils, and Grease PDSA Professional Design Services Agreement TSS Total Suspended Solids gpd gallons per day PFAS Per- and Polyfluoroalkyl Substances WDR Waste Discharge Requirements GWRS Groundwater Replenishment System PFOA Perfluorooctanoic Acid WEF Water Environment Federation ICS Incident Command System PFOS Perfluorooctanesulfonic Acid WERF Water Environment & Reuse Foundation IERP Integrated Emergency Response Plan POTW Publicly Owned Treatment Works WIFIA Water Infrastructure Finance and Innovation Act JPA Joint Powers Authority ppm parts per million WIIN Water Infrastructure Improvements for the Nation Act LAFCO Local Agency Formation Commission PSA Professional Services Agreement WRDA Water Resources Development Act ORANGE COUNTY SANITATION DISTRICT GLOSSARY OF TERMS ACTIVATED SLUDGE PROCESS – A secondary biological wastewater treatment process where bacteria reproduce at a high rate with the introduction of excess air or oxygen and consume dissolved nutrients in the wastewater. BENTHOS – The community of organisms, such as sea stars, worms, and shrimp, which live on, in, or near the seabed, also known as the benthic zone. BIOCHEMICAL OXYGEN DEMAND (BOD) – The amount of oxygen used when organic matter undergoes decomposition by microorganisms. Testing for BOD is done to assess the amount of organic matter in water. BIOGAS – A gas that is produced by the action of anaerobic bacteria on organic waste matter in a digester tank that can be used as a fuel. BIOSOLIDS – Biosolids are nutrient rich organic and highly treated solid materials produced by the wastewater treatment process. This high-quality product can be recycled as a soil amendment on farmland or further processed as an earth-like product for commercial and home gardens to improve and maintain fertile soil and stimulate plant growth. CAPITAL IMPROVEMENT PROGRAM (CIP) – Projects for repair, rehabilitation, and replacement of assets. Also includes treatment improvements, additional capacity, and projects for the support facilities. COLIFORM BACTERIA – A group of bacteria found in the intestines of humans and other animals, but also occasionally found elsewhere, used as indicators of sewage pollution. E. coli are the most common bacteria in wastewater. COLLECTIONS SYSTEM – In wastewater, it is the system of typically underground pipes that receive and convey sanitary wastewater or storm water. CERTIFICATE OF PARTICIPATION (COP) – A type of financing where an investor purchases a share of the lease revenues of a program rather than the bond being secured by those revenues. CONTAMINANTS OF POTENTIAL CONCERN (CPC) – Pharmaceuticals, hormones, and other organic wastewater contaminants. DILUTION TO THRESHOLD (D/T) – The dilution at which the majority of people detect the odor becomes the D/T for that air sample. GREENHOUSE GASES (GHG) – In the order of relative abundance water vapor, carbon dioxide, methane, nitrous oxide, and ozone gases that are considered the cause of global warming (“greenhouse effect”). GROUNDWATER REPLENISHMENT SYSTEM (GWRS) – A joint water reclamation project that proactively responds to Southern California’s current and future water needs. This joint project between the Orange County Water District and OCSD provides 70 million gallons per day of drinking quality water to replenish the local groundwater supply. LEVEL OF SERVICE (LOS) – Goals to support environmental and public expectations for performance. N-NITROSODIMETHYLAMINE (NDMA) – A N-nitrosamine suspected cancer-causing agent. It has been found in the GWRS process and is eliminated using hydrogen peroxide with extra ultra-violet treatment. NATIONAL BIOSOLIDS PARTNERSHIP (NBP) – An alliance of the NACWA and WEF, with advisory support from the EPA. NBP is committed to developing and advancing environmentally sound and sustainable biosolids management practices that go beyond regulatory compliance and promote public participation to enhance the credibility of local agency biosolids programs and improved communications that lead to public acceptance. PER- AND POLYFLUOROALKYL SUBSTANCES (PFAS) – A large group (over 6,000) of human-made compounds that are resistant to heat, water, and oil and used for a variety of applications including firefighting foam, stain and water-resistant clothing, cosmetics, and food packaging. Two PFAS compounds, perfluorooctanesulfonic acid (PFOS) and perfluorooctanoic acid (PFOA) have been the focus of increasing regulatory scrutiny in drinking water and may result in adverse health effects including developmental effects to fetuses during pregnancy, cancer, liver damage, immunosuppression, thyroid effects, and other effects. PERFLUOROOCTANOIC ACID (PFOA) – An ingredient for several industrial applications including carpeting, upholstery, apparel, floor wax, textiles, sealants, food packaging, and cookware (Teflon). PERFLUOROOCTANESULFONIC ACID (PFOS) – A key ingredient in Scotchgard, a fabric protector made by 3M, and used in numerous stain repellents. PLUME – A visible or measurable concentration of discharge from a stationary source or fixed facility. PUBLICLY OWNED TREATMENT WORKS (POTW) – A municipal wastewater treatment plant. SANTA ANA RIVER INTERCEPTOR (SARI) LINE – A regional brine line designed to convey 30 million gallons per day of non-reclaimable wastewater from the upper Santa Ana River basin to the ocean for disposal, after treatment. SANITARY SEWER – Separate sewer systems specifically for the carrying of domestic and industrial wastewater. SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT (SCAQMD) – Regional regulatory agency that develops plans and regulations designed to achieve public health standards by reducing emissions from business and industry. SECONDARY TREATMENT – Biological wastewater treatment, particularly the activated sludge process, where bacteria and other microorganisms consume dissolved nutrients in wastewater. SLUDGE – Untreated solid material created by the treatment of wastewater. TOTAL SUSPENDED SOLIDS (TSS) – The amount of solids floating and in suspension in wastewater. ORANGE COUNTY SANITATION DISTRICT GLOSSARY OF TERMS TRICKLING FILTER – A biological secondary treatment process in which bacteria and other microorganisms, growing as slime on the surface of rocks or plastic media, consume nutrients in wastewater as it trickles over them. URBAN RUNOFF – Water from city streets and domestic properties that carry pollutants into the storm drains, rivers, lakes, and oceans. WASTEWATER – Any water that enters the sanitary sewer. WATERSHED – A land area from which water drains to a particular water body. OCSD’s service area is in the Santa Ana River Watershed.