HomeMy WebLinkAbout12-15-2021 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: 883 410 612#
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!
December 8, 2021
NOTICE OF MEETING
STEERING COMMITTEE
ORANGE COUNTY SANITATION DISTRICT
REGULAR MEETING – 5:00 P.M.
Wednesday, December 15, 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, December 15, 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
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
November 16, 2022 *
December 21, 2022 *
* Meeting will be held on the third Wednesday of the month
STEERING COMMITTEE
(1) Roll Call:
Meeting Date: December 15, 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, December 15, 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 Orange County Sanitation District’s
Administration Building located at 10844 Ellis Avenue, Fountain Valley, California, and on the Orange
County 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 at https://ocsd.legistar.com/Calendar.aspx or by contacting the Clerk of the Board at (714)
593-7433.
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, December 15, 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.
1.2021-2006APPROVAL OF MINUTES
RECOMMENDATION:
Approve Minutes of the Regular Meeting of the Steering Committee held November 17,
2021.
Originator:Kelly Lore
Agenda Report
11-17-2021 Steering Committee Minutes
Attachments:
Page 1 of 3
STEERING COMMITTEE Regular Meeting Agenda Wednesday, December 15, 2021
NON-CONSENT:
2.2021-2032DIRECT ACCESS ENERGY PURCHASE PROGRAM
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve Orange County Sanitation District’s participation in the Southern
California Edison Direct Access Program;
B. Authorize the General Manager to select an energy service provider and execute
a Direct Access Purchase Contract with a registered vendor for the period of
January 11, 2022 to June 30, 2022, in a form approved by General Counsel;
and
C. Direct staff to initiate the procurement of a long-term direct access purchase
agreement for continuation of service, for Board approval by June 30, 2022.
Originator:Rob Thompson
Agenda ReportAttachments:
3.2021-1923BAY BRIDGE PUMP STATION FORCE MAIN ISOLATION VALVE
REPLACEMENT, PROJECT NO. FRC-0013
RECOMMENDATION: Recommend to the Board of Directors to:
Ratify approval of a contingency increase of $52,118 (18%) to the Emergency Repair
Service Contract with Charles King Company for Bay Bridge Pump Station Force Main
Isolation Valve Replacement, Project No. FRC-0013, for a total contingency of
$196,911 (68%).
Originator:Kathy Millea
Agenda ReportAttachments:
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.
Page 2 of 3
STEERING COMMITTEE Regular Meeting Agenda Wednesday, December 15, 2021
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 2021-2036CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION -
GOVERNMENT CODE SECTION 54956.9(d)(1)
RECOMMENDATION: Convene in Closed Session:
Number of Cases: 1
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.
Agenda Report
General Counsel Memo re Blazevic Litigation_Steering
12-15-21
Attachments:
RECONVENE IN CLOSED 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 Committee meeting until the Regular Meeting of the Steering Committee on
January 26, 2022 at 5:00 p.m.
Page 3 of 3
STEERING COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-2006 Agenda Date:12/15/2021 Agenda Item No:1.
FROM:James D. Herberg, General Manager
Originator: Kelly A. Lore, Clerk of the Board
SUBJECT:
APPROVAL OF MINUTES
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
Approve Minutes of the Regular Meeting of the Steering Committee held November 17, 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 November 17, 2021
Orange County Sanitation District Printed on 12/6/2021Page 1 of 1
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OC6SAN
ORANGE COUNTY SANITATION DISTRICT
Orange County Sanitation District
Minutes for the
STEERING COMMITTEE
Wednesday, November 17, 2021
5:00 PM
Board Room
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
CALL TO ORDER
A regular meeting of the Steering Committee of the Orange County Sanitation District was
called to order by Board Chairman John Withers on Wednesday, November 17, 2021 at 5:01
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 21-15, due to the continued State of Emergency Order. Chair
Withers announced the teleconference meeting guidelines.
ROLL CALL AND DECLARATION OF QUORUM:
The Clerk of the Board declared a quorum 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 Joshua Martinez 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;
Jennifer Cabral; Thys Devries; Brian Engeln; Tina Knapp; Laura Maravilla; Andrew Nau;
Adam Nazaroff; Wally Ritchie; Thomas Vu; Eros Yong and Ruth Zintzun were in attendance
telephonically.
OTHERS PRESENT: Brad Hogin, General Counsel, was present in the Board Room.
PUBLIC COMMENTS:
No public comments were received.
Clerk of the Board Kelly Lore stated that she received indication from General Counsel that
Closed Session Item Nos. CS-1 A & B on tonight's agenda would not be heard.
REPORTS:
Chair Withers did not provide a report. General Manager Jim Herberg did not provide a
report.
Page 1 of 5
OC ~SAN
ORANGE COUNTY SANITATION DISTRICT
STEERING COMMITTEE Minutes November 17, 2021
CONSENT CALENDAR:
1.APPROVAL OF MINUTES 2021-1940
Originator: Kelly Lore
MOVED, SECONDED, AND DULY CARRIED TO:
Approve Minutes of the Special Meeting of the Steering Committee held October 27,
2021.
AYES:John Withers, Chad Wanke, Ryan Gallagher, Brooke Jones, Sandra
Massa-Lavitt, Jesus Silva and Glenn Parker
NOES:None
ABSENT:None
ABSTENTIONS:None
2.AMENDMENT NO. 4 TO THE REAL PROPERTY LEASE
AGREEMENT, SPECIFICATION NO. L-018, WITH TREESAP FARMS,
LLC.
2021-1951
Originator: Lorenzo Tyner
MOVED, SECONDED, AND DULY CARRIED TO: 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.
AYES:John Withers, Chad Wanke, Ryan Gallagher, Brooke Jones, Sandra
Massa-Lavitt, Jesus Silva and Glenn Parker
NOES:None
ABSENT:None
ABSTENTIONS:None
NON-CONSENT:
3.AGREEMENT TO PROVIDE SEWERAGE SERVICES BY ORANGE
COUNTY SANITATION DISTRICT TO A PORTION OF THE CITY OF
LONG BEACH, CALIFORNIA
2021-1897
Originator: Kathy Millea
Director of Engineering Kathy Millea provided a PowerPoint presentation and brief
introduction to the item.
Page 2 of 5
STEERING COMMITTEE Minutes November 17, 2021
MOVED, SECONDED, AND DULY CARRIED TO: 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.
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.
DEPARTMENT HEAD REPORTS:
None.
CLOSED SESSION:
CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS
54956.9(d)(1) & 54956.9(d)(4).
The Committee convened in closed session at 5:14 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 EXISTING LITIGATION -
GOVERNMENT CODE SECTION 54956.9(d)(1)
2021-1978
CONVENED IN CLOSED SESSION:
Item Nos. CS-1 A and CS-1B were not heard.
Page 3 of 5
STEERING COMMITTEE Minutes November 17, 2021
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-2 CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED
LITIGATION - GOVERNMENT CODE SECTION 54956.9(d)(4)
2021-1979
CONVENED 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.
RECONVENED IN REGULAR SESSION.
The Committee reconvened in regular session at 5:40 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:
Director Jesus Silva requested that staff and General Counsel come up with some ideas
regarding appraisal options during acquisitions of real property parcels from another
government agency; to not be forced to appraise parcels for their highest value and best use
if not using to develop; and to bring options back to the Steering Committee for consideration.
Page 4 of 5
STEERING COMMITTEE Minutes November 17, 2021
BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING:
None.
ADJOURNMENT:
Chair Withers declared the meeting adjourned at 5:44 p.m. to the next Regular Steering
Committee meeting to be held on Wednesday, December 15, 2021 at 5:00 p.m.
Submitted by:
__________________
Kelly A. Lore, MMC
Clerk of the Board
Page 5 of 5
STEERING COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-2032 Agenda Date:12/15/2021 Agenda Item No:2.
FROM:James D. Herberg, General Manager
Originator: Rob Thompson, Assistant General Manager
SUBJECT:
DIRECT ACCESS ENERGY PURCHASE PROGRAM
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve Orange County Sanitation District’s participation in the Southern California Edison
Direct Access Program;
B. Authorize the General Manager to select an energy service provider and execute a Direct
Access Purchase Contract with a registered vendor for the period of January 11, 2022 to June
30, 2022, in a form approved by General Counsel; and
C. Direct staff to initiate the procurement of a long-term direct access purchase agreement for
continuation of service, for Board approval by June 30, 2022.
BACKGROUND
In 2009,California Senate Bill 695 established the Direct Access (DA) program, a retail electric
service that allows customers to purchase electricity from a competitive provider, called an Electric
Service Provider (ESP), instead of from a regulated electric utility. The utility delivers the electricity
that the customer purchases from the ESP over its distribution system and collects a fee for doing so.
An ESP is a non-utility entity that offers electric generation service to customers within the service
territory of an electric utility. The California Public Utilities Commission (CPUC) currently lists 20
ESPs for the Southern California Edison service territory.
The CPUC sets limits on the number of kilowatt hours a utility is required to accept from other
providers. Since 2013, utilities have used a lottery system every six months to allocate their available
load to customers who apply for the DA program. If there are more applicants than can be included,
the unsuccessful applicants are put on a wait list.
The Orange County Sanitation District (OC San) has applied for the DA program multiple times in the
past but has never been successful. The most recent application in August was initially unsuccessful
and OC San was again put on a wait list. OC San was notified on November 24
th that we have the
opportunity to transfer to the DA program starting in January 2022. The decision to accept or decline
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OC6SAN
ORANGE COUNTY SANITATION DISTRICT
File #:2021-2032 Agenda Date:12/15/2021 Agenda Item No:2.
opportunity to transfer to the DA program starting in January 2022.The decision to accept or decline
the transfer must be made by December 17, 2021.
OC San has budgeted $5,453,700 for purchased electricity for the treatment plants.The electricity
costs for DA customers are market-based contracts which may be higher or lower than the costs from
the regulated utility,but over time most participants save money with this arrangement.There are
more tariff options available ranging from fixed-price arrangement to real-time market rates.
Southern California Edison will also charge fees if OC San chooses to move to the DA program to
cover the cost of their stranded assets and long-term energy purchase agreements.
An additional long-term benefit to OC San moving to the DA program is the ability for OC San to
move into different energy supply strategies.The use of energy storage devices,microgrid solutions,
and lower carbon portfolios are possible.
RELEVANT STANDARDS
·24/7/365 treatment plan reliability
·Ensure the public’s money is wisely spent
PROBLEM
Transferring to the DA program may provide an opportunity to reduce OC San’s electricity purchase
costs and provide energy supply flexibility.However,the decision must be made carefully,and OC
San must act quickly.
PROPOSED SOLUTION
OC San is working with Aviva Energy to help with the transition to the DA program.Aviva Energy is
a fiduciary that has helped the Orange County Water District,Irvine Ranch Water District,and many
others through a similar transition.
Staff recommends that the Board of Directors approve the transition to the Southern California
Edison Direct Access Program.The program is projected to provide long-term cost savings and
make more innovative power wheeling and microgrid opportunities possible.
Due to the January 11,2022 deadline,staff recommends that the Board of Directors delegate to the
General Manager the authority to sign a Direct Access Energy Purchase Contract with one of the 20
approved ESPs for Southern California Edison.The Agreement would be a short-term bridge
contract to allow for a longer-term procurement process in the spring.
Initial conversations with Aviva Energy have advised that OC San can expect to pay marginally high
energy costs in the first six to 18 months due to various exit fees imposed by the CPUC to offset
Southern California Edison long-term energy purchase contracts.The marginally higher costs
depend on actual usage patterns.Staff will estimate these costs based on past usage patterns and
vendor quotes and intends to present the information at the December 2021 Board of Directors
meeting.
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File #:2021-2032 Agenda Date:12/15/2021 Agenda Item No:2.
TIMING CONCERNS
OC San was notified by Southern California Edison of the opportunity to transition to the DA
program on November 24,2021.OC San must accept the offer by December 17,2021,or lose the
ability to participate.If OC San accepts participation by December 17,2021,it must execute a
Direct Access Energy Purchase Contract with a registered vendor by January 11,2022.Not
meeting the deadlines or reneging on the decision to transfer to the DA program incurs severe
financial penalties for the customer.Due to the critical time sensitive nature of this procurement,
staff recommends proceeding with a contract award per Section 1.07.B of OC San’s Purchasing
Ordinance No. OC SAN-56.
RAMIFICATIONS OF NOT TAKING ACTION
Not switching to the DA program now will maintain Southern California Edison as OC San’s
electricity provider. There is no way to know when this opportunity will be available again.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
OC San’s budget for electricity is $6.7 million for FY 2021-22.
CEQA
N/A
FINANCIAL CONSIDERATIONS
This item has been budgeted.Staff anticipates marginally higher electrical unit rates for the rest of
the fiscal year causing this line item to exceed the budgeted amount,but staff does not anticipate a
significant impact to the overall operating budget.In the longer term,staff anticipates lower costs
with DA program participation.
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
N/A
Orange County Sanitation District Printed on 12/7/2021Page 3 of 3
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STEERING COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1923 Agenda Date:12/15/2021 Agenda Item No:3.
FROM:James D. Herberg, General Manager
Originator: Kathy Millea, Director of Engineering
SUBJECT:
BAY BRIDGE PUMP STATION FORCE MAIN ISOLATION VALVE REPLACEMENT, PROJECT NO.
FRC-0013
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
Ratify approval of a contingency increase of $52,118 (18%) to the Emergency Repair Service
Contract with Charles King Company for Bay Bridge Pump Station Force Main Isolation Valve
Replacement, Project No. FRC-0013, for a total contingency of $196,911 (68%).
BACKGROUND
The Orange County Sanitation District (OC San) owns and operates pump stations and a force main
network along Pacific Coast Highway in Newport Beach. The Bay Bridge Pump Station, Rocky Point
Pump Station, and the Lido Pump Station all pump into, and pressurize, this two-pipe force main
system. Each pump station has an isolation valve to each force main pipe to allow separation of the
internal pump station systems from the other pump stations. This is necessary to isolate suction and
discharge headers and common flow elements to be maintained or repaired. These pump station
force main isolation valves are also necessary to install temporary bypass pumping systems at the
individual pump stations and to stop flow to either force main pipe if it were compromised in some
way.
The Bay Bridge Pump Station was originally constructed in 1965 and is near the end of its useful life.
Bay Bridge Pump Station Replacement, Project No. 5-67, is in design and is scheduled to replace the
pump station by 2027.
The pump isolation valves at the Bay Bridge Pump Station were in urgent need of replacement.
Replacement could not wait until the new pump station is completed. In November 2020, the Board
awarded a contract for Bay Bridge Pump Station Valve Replacement, Project No. FRC-0002, to
replace the valves within the pump station. The work requires bypass pumping which depends on
the two force main isolation valves.
In the course of setting up bypassing for the Bay Bridge Pump Station Valve Replacement, Project
No. FRC-0002, these two force main isolation valves would not seal adequately, and therefore, the
FRC-0002 contract work could not be performed. In August 2021, the Board ratified an emergency
contract to replace the force main isolation valves before the wet season. The work was completed
Orange County Sanitation District Printed on 12/7/2021Page 1 of 3
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OC6SAN
ORANGE COUNTY SANITATION DISTRICT
File #:2021-1923 Agenda Date:12/15/2021 Agenda Item No:3.
contract to replace the force main isolation valves before the wet season.The work was completed
on October 22, 2021.
RELEVANT STANDARDS
·Achieve less than 2.1 sewer spills per 100 miles
·Comply with OC San Policy:Ordinance No.OC SAN-56,Article 5 -Public Works Projects,
Section 5.03A - Exceptions, Emergencies and Calamities
PROBLEM
Due to the high risk,complexity,and urgency of the work,some of the costs to complete the work
successfully and safely were not foreseen at the time the emergency contract work was negotiated.
Some critical risk mitigation measures,such as multiple pump station bypasses,were implemented
to reduce the chance that a failure that could have caused a large sewage spill to the ecologically
sensitive Newport Back Bay.To reduce the risk for future bypass work,a valve assembly was
fabricated to connect bypass pumps to the force main network.An additional force main isolation
valve was also purchased to be used as a spare since the installed valves cannot be maintained in
place.
The work itself also turned out to be more complicated,which extended the work duration by
approximately three weeks.
As a result,the total cost to complete the work was approximately $486,496,$52,118 more than the
contract award plus the Board-approved contingency.
PROPOSED SOLUTION
Ratify an increase in contract contingency to fund the additional contract costs.
TIMING CONCERNS
N/A
RAMIFICATIONS OF NOT TAKING ACTION
OC San is obligated to reimburse the construction contractor for the additional costs incurred.
PRIOR COMMITTEE/BOARD ACTIONS
August 2021 -Ratified approval of an Emergency Repair Service Contract to Charles King Company
for Bay Bridge Pump Station Force Main Isolation Valve Replacement,Project No.FRC-0013,for an
amount not to exceed $289,585; and approved a contingency of $144,793.
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File #:2021-1923 Agenda Date:12/15/2021 Agenda Item No:3.
ADDITIONAL INFORMATION
N/A
CEQA
The project is exempt from CEQA under the Class 1 categorical exemptions set forth in California
Code of Regulations Sections 15301.A Notice of Exemption was filed with the OC Clerk-Recorder
after OC San’s Board of Directors approved the Emergency Repair Service Contract on August 25,
2021.
FINANCIAL CONSIDERATIONS
This request complies with the authority levels of OC San’s Purchasing Ordinance.This
recommendation will be funded under the Repairs and Maintenance line item for the Operations and
Maintenance Department (Budget Update Fiscal Year 2021-2022,Page 45),and the available
funding is sufficient for this action
Date of Approval Contract Amount Contingency
08/25/2021 $289,585 $144,793
12/15/2021 $ 52,118
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
RD:dm
Orange County Sanitation District Printed on 12/7/2021Page 3 of 3
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STEERING COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-2036 Agenda Date:12/15/2021 Agenda Item No:CS-1
FROM:James D. Herberg, General Manager
SUBJECT:
CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION - GOVERNMENT CODE
SECTION 54956.9(D)(1)
RECOMMENDATION: Convene in Closed Session:
Number of Cases: 1
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.
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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OC6SAN
ORANGE COUNTY SANITATION DISTRICT
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: December 6, 2021
RE: Closed Session Item
The Steering Committee desires to hold a closed session December 15, 2021 for the
purpose of conferring with its legal counsel regarding existing litigation to which the District is a
party. The title of the case is Arlin Blazevic v. Orange County Sanitation District; Natasha
Dubrovski; Lorenzo Tyner; and Does 1-100, inclusive, Superior Court of California, County of
Orange, Case No. 30-2020-01149812. The closed session will be held pursuant to the authority
of California Government Code Section 54956.9(D)(1).
Respectfully submitted,
By_________________________________
Bradley R. Hogin, General Counsel
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.