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HomeMy WebLinkAbout02-28-2024 Steering Committee Meeting Complete Agenda Packet SPECIAL NOTICE PUBLIC ATTENDANCE & PARTICIPATION AT PUBLIC MEETINGS Steering Committee Meeting Wednesday, February 28, 2024 5:00 p.m. 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. IN-PERSON MEETING ATTENDANCE You may attend the meeting in-person at the following location: Orange County Sanitation District Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 ONLINE MEETING PARTICIPATION You may join the meeting live via Teams on your computer or similar device or web browser by using the link below: Click here to join the meeting We suggest testing joining a Teams meeting on your device prior to the commencement of the meeting. For recommendations, general guidance on using Teams, and instructions on joining a Teams meeting, please click here. Please mute yourself upon entry to the meeting. Please raise your hand if you wish to speak during the public comment section of the meeting. The Clerk of the Board will call upon you by using the name you joined with. Meeting attendees are not provided the ability to make a presentation during the meeting. Please contact the Clerk of the Board at least 48 hours prior to the meeting if you wish to present any items. Additionally, camera feeds may be controlled by the meeting moderator to avoid inappropriate content. HOW TO PARTICIPATE IN THE MEETING BY TELEPHONE To join the meeting from your phone: Dial (213) 279-1455 When prompted, enter the Phone Conference ID: 695 761 39# 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. WATCH THE MEETING ONLINE The meeting will be available for online viewing at: https://ocsd.legistar.com/Calendar.aspx SUBMIT A COMMENT 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. For any questions and/or concerns, please contact the Clerk of the Board’s office at 714-593-7433. Thank you for your interest in OC San! February 21, 2024 NOTICE OF REGULAR MEETING STEERING COMMITTEE ORANGE COUNTY SANITATION DISTRICT Wednesday, February 28, 2024 – 5:00 P.M. Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 ACCESSIBILITY FOR THE GENERAL PUBLIC Your participation is always welcome. Specific information as to how to participate in this meeting is detailed on the Special Notice attached to this agenda. In general, OC San offers several ways in which to interact during this meeting: you may participate in person, 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 at the above location and in the manner indicated on Wednesday, February 28, 2024 at 5:00 p.m. STEERING COMMITTEE & BOARD MEETING DATES March 27, 2024 April 24, 2024 May 22, 2024 June 26, 2024 July 24, 2024 August 28, 2024 September 25, 2024 October 23, 2024 November 20, 2024 * December 18, 2024 * January 22, 2025 February 26, 2025 * Meeting will be held on the third Wednesday of the month ROLL CALL STEERING COMMITTEE Meeting Date: February 28, 2024 Time: 5:00 p.m. Adjourn: COMMITTEE MEMBERS (7) Chad Wanke, Board Chair Ryan Gallagher, Board Vice-Chair Jon Dumitru, Operations Committee Chair Christine Marick, Administration Committee Chair Pat Burns, Member-At-Large Glenn Grandis, Member-At-Large John Withers, Member-At-Large OTHERS Brad Hogin, General Counsel STAFF Rob Thompson, General Manager Lorenzo Tyner, Assistant General Manager Mike Dorman, Director of Engineering Laura Maravilla, Director of Human Resources Riaz Moinuddin, Director of Operations & Maintenance Wally Ritchie, Director of Finance Lan Wiborg, Director of Environmental Services Kelly Lore, Clerk of the Board ORANGE COUNTY SANITATION DISTRICT Effective 01/23/2024 BOARD OF DIRECTORS Complete Roster AGENCY/CITIES ACTIVE DIRECTOR ALTERNATE DIRECTOR Anaheim Stephen Faessel Carlos A. Leon Brea Christine Marick Cecilia Hupp Buena Park Joyce Ahn Art Brown Cypress Scott Minikus Bonnie Peat Fountain Valley Glenn Grandis Ted Bui Fullerton Bruce Whitaker Nick Dunlap Garden Grove Stephanie Klopfenstein John O’Neill Huntington Beach Pat Burns Gracey Van Der Mark Irvine Farrah N. Khan Kathleen Treseder La Habra Rose Espinoza Jose Medrano La Palma Debbie Baker Mark I. Waldman Los Alamitos Jordan Nefulda Shelley Hasselbrink Newport Beach Brad Avery Erik Weigand Orange Jon Dumitru John Gyllenhammer Placentia Chad Wanke Ward Smith Santa Ana Johnathan Ryan Hernandez Benjamin Vazquez Seal Beach Schelly Sustarsic Lisa Landau Stanton David Shawver Carol Warren Tustin Ryan Gallagher Austin Lumbard Villa Park Robbie Pitts Jordan Wu Sanitary/Water Districts Costa Mesa Sanitary District Bob Ooten Art Perry Midway City Sanitary District Andrew Nguyen Tyler Diep Irvine Ranch Water District John Withers Douglas Reinhart Yorba Linda Water District Phil Hawkins Tom Lindsey County Areas Board of Supervisors Doug Chaffee Donald P. Wagner STEERING COMMITTEE Regular Meeting Agenda Wednesday, February 28, 2024 - 5:00 PM Conference Room A Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 ACCOMMODATIONS FOR THE DISABLED: If you require any special disability related accommodations, please contact the Orange County Sanitation District (OC San) Clerk of the Board’s office at (714) 593-7433 at least 72 hours prior to the scheduled meeting. Requests must specify the nature of the disability and the type of accommodation requested. 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 OC San's Administration Building located at 10844 Ellis Avenue, Fountain Valley, California, and on the OC San’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 RECORDING: A 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: Rob Thompson, rthompson@ocsan.gov / (714) 593-7110 Asst. General Manager: Lorenzo Tyner, ltyner@ocsan.gov / (714) 593-7550 Director of Engineering: Mike Dorman, mdorman@ocsan.gov / (714) 593-7014 Director of Environmental Services: Lan Wiborg, lwiborg@ocsan.gov / (714) 593-7450 Director of Finance: Wally Ritchie, writchie@ocsan.gov / (714) 593-7570 Director of Human Resources: Laura Maravilla, lmaravilla@ocsan.gov / (714) 593-7007 Director of Operations & Maintenance: Riaz Moinuddin, rmoinuddin@ocsan.gov / (714) 593-7269 STEERING COMMITTEE Regular Meeting Agenda Wednesday, February 28, 2024 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 participate in person, 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. 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. 1.2024-3456APPROVAL OF MINUTES RECOMMENDATION: Approve minutes of the Special meeting of the Steering Committee held January 17, 2024. Originator:Kelly Lore Agenda Report 01-17-2024 Steering Committee Minutes Attachments: 2.2024-3485PUBLIC AFFAIRS UPDATE FOR THE MONTH OF JANUARY 2024 RECOMMENDATION: Recommend to the Board of Directors to: Receive and file the Public Affairs Update for the month of January 2024. Originator:Rob Thompson Agenda Report Outreach and Media Report - January 2024 Attachments: Page 1 of 4 STEERING COMMITTEE Regular Meeting Agenda Wednesday, February 28, 2024 3.2024-3486LEGISLATIVE AFFAIRS UPDATE FOR THE MONTH OF JANUARY 2024 RECOMMENDATION: Recommend to the Board of Directors to: Receive and file the Legislative Affairs Update for the month of January 2024. Originator:Rob Thompson Agenda Report Federal Legislative Update State Legislative Update Attachments: NON-CONSENT: None. 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 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 2024-3496CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION - GOVERNMENT CODE SECTION 54956.9(d)(1) RECOMMENDATION: Convene in Closed Session: Number of Cases: 1 Thomas Solar Energy v. Orange County Sanitation District, Orange County Superior Court Case No. 30-2023-01337224...body Agenda Report Steering CS Memo re Thomas Solar Energy 2-28-24 Attachments: Page 2 of 4 STEERING COMMITTEE Regular Meeting Agenda Wednesday, February 28, 2024 CS-2 2024-3495CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION - GOVERNMENT CODE SECTION 54956.9(d)(1) RECOMMENDATION: Convene in Closed Session: Number of Cases: 1 Klean Waters, Inc., et al. v. Orange County Sanitation District, United States District Court, Central District of California, Southern Division, Case No. 8:15-cv-00627...body Agenda Report Steering CS Memo re Klean Waters 2-28-24 Attachments: CS-3 2024-3497CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION - GOVERNMENT CODE SECTION 54956.9(d)(1) RECOMMENDATION: Convene in Closed Session: Number of Potential Cases: 1 Orange County Sanitation District v. Robert M. Jackson, et al., Orange County Superior Court Case No. 30-2024-01379706-CU-OR-CJC. Agenda Report Steering CS Memo re Robert Jackson 2-28-24 Attachments: CS-4 2024-3458CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED LITIGATION - GOVERNMENT CODE SECTION 54956.9(d)(4) RECOMMENDATION: Convene in Closed Session: Number of Potential Cases: 1 Potential initiation of litigation regarding Miller-Holder Easement. Agenda Report Steering CS Memo re Miller-Holder 2-28-24 Attachments: CS-5 2024-3457PUBLIC EMPLOYEE PERFORMANCE EVALUATION 54957(b)(1) RECOMMENDATION: Convene in Closed Session: Public Employee Performance Evaluation Number of Employees: 1 ·General Counsel Agenda Report Steering CS Memo re General Counsel Evaluation 2-28-24 Attachments: Page 3 of 4 STEERING COMMITTEE Regular Meeting Agenda Wednesday, February 28, 2024 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 March 27, 2024 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 #:2024-3456 Agenda Date:2/28/2024 Agenda Item No:1. FROM:Robert Thompson, 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 January 17, 2024. 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 22-37 ATTACHMENT The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda package: ·January 17, 2024 Steering Committee meeting minutes Orange County Sanitation District Printed on 2/20/2024Page 1 of 1 powered by Legistar™ Orange County Sanitation District Minutes for the STEERING COMMITTEE Wednesday, January 17, 2024 3:00 PM Conference Room A Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 SPECIAL MEETING - EARLY START TIME CALL TO ORDER A special meeting of the Steering Committee of the Orange County Sanitation District was called to order by Board Chairman Chad Wanke on Wednesday, January 17, 2024 at 3:01 p.m. in the Administration Building of the Orange County Sanitation District. ROLL CALL AND DECLARATION OF QUORUM: The Clerk of the Board declared a quorum present as follows: PRESENT:Chad Wanke, Ryan Gallagher, Pat Burns, Jon Dumitru, Glenn Grandis, Christine Marick and John Withers ABSENT:None STAFF PRESENT: Rob Thompson, General Manager; Lorenzo Tyner, Assistant General Manager; Michael Dorman, Director of Engineering; Laura Maravilla, Director of Human Resources; Riaz Moinuddin, Director of Operations and Maintenance; Wally Ritchie, Director of Finance; Lan Wiborg, Director of Environmental Services; Kelly Lore, Clerk of the Board; Jennifer Cabral; Mortimer Caparas; Tanya Chong; Daisy Covarrubias; Tina Knapp; Rebecca Long; Perla Rodriguez; and Ruth Zintzun were present in Conference Room A. OTHERS PRESENT: Brad Hogin, General Counsel; Lindsay Caro, Associate Counsel; and Gary Weisberg, Associate Counsel; were present in Conference Room A. David French, ENS Resources, and Eric O'Donnell, Townsend Public Affairs, were present telephonically. PUBLIC COMMENTS: None. REPORTS: Chair Wanke and General Manager Rob Thompson did not provide reports . CONSENT CALENDAR: 1. APPROVAL OF MINUTES 2024-3387 Originator: Kelly Lore Page 1 of 5 STEERING COMMITTEE Minutes January 17, 2024 MOVED, SECONDED, AND DULY CARRIED TO: Approve minutes of the Regular meeting of the Steering Committee held December 14, 2023. AYES:Chad Wanke, Ryan Gallagher, Pat Burns, Jon Dumitru, Glenn Grandis, Christine Marick and John Withers NOES:None ABSENT:None ABSTENTIONS:None 2. PUBLIC AFFAIRS UPDATE FOR THE MONTH OF DECEMBER 2023 2024-3402 Originator: Rob Thompson MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: Receive and file the Public Affairs Update for the month of December 2023. AYES:Chad Wanke, Ryan Gallagher, Pat Burns, Jon Dumitru, Glenn Grandis, Christine Marick and John Withers NOES:None ABSENT:None ABSTENTIONS:None 3. LEGISLATIVE AFFAIRS UPDATE FOR THE MONTH OF DECEMBER 2023 2024-3431 Originator: Rob Thompson MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: Receive and file the Legislative Affairs Update for the month of December 2023. AYES:Chad Wanke, Ryan Gallagher, Pat Burns, Jon Dumitru, Glenn Grandis, Christine Marick and John Withers NOES:None ABSENT:None ABSTENTIONS:None NON-CONSENT: 4. GENERAL MANAGER’S FY 2023-2024 WORK PLAN MID-YEAR REPORT 2023-3362 Originator: Rob Thompson Page 2 of 5 STEERING COMMITTEE Minutes January 17, 2024 Mr. Thompson provided a brief introduction to the item. MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: Receive and file the General Manager’s FY 2023-2024 Work Plan Mid-Year Report. AYES:Chad Wanke, Ryan Gallagher, Pat Burns, Jon Dumitru, Glenn Grandis, Christine Marick and John Withers NOES:None ABSENT:None ABSTENTIONS:None 5.PUBLIC AFFAIRS STRATEGIC PLAN FOR FISCAL YEARS 2022-2024 MID-YEAR UPDATE 2023-3363 Originator: Rob Thompson MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: Receive and file the Public Affairs Strategic Plan for Fiscal Years 2022- 2024 Mid-Year Update. AYES:Chad Wanke, Ryan Gallagher, Pat Burns, Glenn Grandis, Christine Marick and John Withers NOES:None ABSENT:None ABSTENTIONS: Jon Dumitru 6.REIMBURSEMENT AGREEMENT FOR ORANGE COUNTY SANITATION DISTRICT MANHOLE FRAME AND COVER ADJUSTMENTS ON PACIFIC COAST HIGHWAY IN THE CITY OF NEWPORT BEACH 2024-3405 Originator: Mike Dorman Director of Engineering Mike Dorman provided an introduction to the item. MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: Approve the Reimbursement Agreement with the City of Newport Beach titled “Reimbursement Agreement (Orange County Sanitation District Manhole Adjustment)” for an amount not to exceed $689,699 for Orange County Sanitation District manhole frame and cover adjustments on Pacific Coast Highway in the City of Newport Beach in a form approved by Special Counsel. Page 3 of 5 STEERING COMMITTEE Minutes January 17, 2024 INFORMATION ITEMS: 7. SOLICITATION OF GENERAL LEGAL SERVICES 2024-3433 Originator: Lorenzo Tyner Vice-Chair Ryan Gallagher provided an update on the discussion and recommendation from the General Legal Services Ad Hoc Committee for the upcoming General Legal Services procurement. MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to approve the solicitation, scope of work, and contract structure for the upcoming General Legal Services procurement. AYES:Chad Wanke, Ryan Gallagher, Pat Burns, Jon Dumitru, Glenn Grandis, Christine Marick and John Withers NOES: ABSENT: None None DEPARTMENT HEAD REPORTS: None. CLOSED SESSION: CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(4). The Committee convened in closed session at 3:40 p.m. to hear one item. Item No. CS-1 was 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 PUBLIC EMPLOYEE PERFORMANCE EVALUATION 54957(b)(1)2023-3333 DID NOT CONVENE IN CLOSED SESSION. Public Employee Performance Evaluation Number of Employees: 1 ·General Counsel Page 4 of 5 ABSTENTIONS: None STEERING COMMITTEE Minutes January 17, 2024 CS-2 CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED LITIGATION - GOVERNMENT CODE SECTION 54956.9(d)(4) 2024-3436 CONVENED IN CLOSED SESSION: Number of Potential Cases: 1 Potential initiation of litigation regarding Miller-Holder Easement. RECONVENED IN REGULAR SESSION. The Committee reconvened in regular session at 4:03 p.m. CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED SESSION: General Counsel Brad Hogin did not provide a report. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: None. BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING: None. ADJOURNMENT: Chair Wanke declared the special meeting adjourned at 4:04 p.m. to the regular Steering Committee meeting to be held on Wednesday, February 28, 2024 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 #:2024-3485 Agenda Date:2/28/2024 Agenda Item No:2. FROM:Robert Thompson, General Manager SUBJECT: PUBLIC AFFAIRS UPDATE FOR THE MONTH OF JANUARY 2024 GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Recommend to the Board of Directors to: Receive and file the Public Affairs Update for the month of January 2024. BACKGROUND Included in this report are recent activities of interest managed by the Public Affairs Office for the month of January 2024. RELEVANT STANDARDS ·Maintain influential legislative advocacy and a public outreach program ·Maintain collaborative and cooperative relationships with regulators,stakeholders,and neighboring communities ·Listen to and seriously consider community input on environmental concerns PROBLEM The Orange County Sanitation District (OC San)is a distinguished entity in the water/wastewater industry.Despite our industry recognition,there is limited awareness among our customers regarding the pivotal role we play in protecting public health and the environment.The absence of direct communication through a billing method may contribute to this gap in knowledge. It is our responsibility to ensure that our ratepayers comprehend the vital services we provide.Many customers may not realize that improper waste disposal into the sanitation system can adversely impact our sewer lines,treatment plants,and the quality of water supplied through the GWRS.By enhancing communication channels and fostering understanding,we aim to bridge the gap and empower our ratepayers with the knowledge needed to support and appreciate the essential work we undertake for the well-being of our community and the environment. Orange County Sanitation District Printed on 2/21/2024Page 1 of 4 powered by Legistar™ File #:2024-3485 Agenda Date:2/28/2024 Agenda Item No:2. PROPOSED SOLUTION By providing tours,community outreach,education,and general communication via OC San’s website,social media,and direct mailings,we can share information with the community,local agencies,and businesses on our messaging,such as the What2Flush program,energy production, water recycling,biosolids,and OC San’s source control program.This,in turn,helps improve the quality of wastewater that is recycled or released to the ocean and the knowledge and understanding of wastewater treatment. RAMIFICATIONS OF NOT TAKING ACTION Neglecting to inform the community,local agencies,and area businesses about OC San could lead to insufficient support for our mission, hindering our ability to fulfill our responsibilities effectively. PRIOR COMMITTEE/BOARD ACTIONS July 2022 - Public Affairs Strategic Plan for Fiscal Years 2022-2024 approved. ADDITIONAL INFORMATION Activities for the month of January 2024: Outreach Report An outreach report that includes tours,website,social media posts,construction notifications, speaking engagements, and more is attached to this Agenda Report. Social Media OC San messaging,announcements,and program updates were posted across OC San’s social media platforms. Our social media handle is @OCSanDistrict. ·Facebook: 18 posts reaching 4k people ·Twitter: 12 posts reaching 669 people ·Instagram: 23 posts reaching 5k people ·LinkedIn: 5 posts and reaching 5.6k people Presentations and Industry Coverage In January,employees participated in eight tours which included Dana Hills High School,Circulos High School,OCWD staff,a resident tour,Board Members,and staff from the NWRI.Staff also gave presentations to the University of California,Irvine for an engineering career day,and our General Manager presented at the CASA Conference and at the Fountain Valley Mayor’s Breakfast.Staff also presented at the City of Huntington Beach Southeast Area Council Meeting.In total,we reached nearly 750 people. Details can be found in the Outreach Report. Construction Outreach Update Outreach efforts continue for OC San construction activities throughout the service area.Projects are ongoing in Fountain Valley,Costa Mesa,Buena Park,Anaheim,Newport Beach,and within both of our treatment plants.Website updates,email,text alerts,and direct notifications continue to be distributed as the projects progress.In January,construction began on the MacArthur Sewer Project Orange County Sanitation District Printed on 2/21/2024Page 2 of 4 powered by Legistar™ File #:2024-3485 Agenda Date:2/28/2024 Agenda Item No:2. distributed as the projects progress.In January,construction began on the MacArthur Sewer Project in the City of Newport Beach. Internal Communication In January,there were 142 posts on the employee intranet -The San Box,and four weekly emails distributed on relevant topics for the week. OC San Celebrates 70 Years of Environmental Excellence 2024 marks OC San’s 70th anniversary.To commemorate this milestone,OC San will celebrate throughout the year by sharing historical information and achievements through online posts,videos, and social media.We will also host a Community Open House on Saturday,June 8 to celebrate the big day.A new anniversary branding concept was launched in January and will be carried throughout the year. Neighborhood Connection Newsletter The quarterly newsletter is intended to keep our service area informed of the services and various initiatives led by OC San.The winter issue includes messaging on OC San’s 70th anniversary,the anticipated grand opening of the Headquarters Building,a review of our capital improvement projects,our upcoming Wastewater 101 Citizens Academy,and the video contest.The newsletter was distributed electronically to our service area. OC San Launched Video Contest OC San has launched the 2024 Video Contest for high school and college students in OC San's service area.The theme is “Find Yourself at OC San”which is intended to promote careers within the wastewater field.There will be five prizes awarded from those who submit a short social media video.The videos will be featured on our social media platforms and website.Full contest details can be found at https://www.ocsan.gov/education/psa. Wastewater 101 Citizens Academy OC San’s Citizen Academy is aimed at informing the community of the essential services OC San provides.Four workshops are held over two months,highlighting the various functions of OC San and allowing its participants a behind the scenes view of what we do.The next session begins in March and registration is now open.Details can be found at https://www.ocsan.gov/education/wastewater-101-citizens-academy. Upcoming Activities for February: Westminster TET Parade Staff participated in the Westminster TET Parade to spread awareness about OC San’s essential services. OC San Wins Award OC San and the OCWD were awarded the National Environmental Achievement Community Leadership award for the Final Expansion of GWRS.The award recognizes individuals and NACWA member agencies that have made outstanding contributions to environmental protection and the clean water community.OC San’s General Manager attended the Winter Conference held in Austin, Texas in mid-February where he received the award on behalf of both agencies. Orange County Sanitation District Printed on 2/21/2024Page 3 of 4 powered by Legistar™ File #:2024-3485 Agenda Date:2/28/2024 Agenda Item No:2. Inside the Outdoors In February,OC San will be working with Inside the Outdoors and the Anaheim School District to create a video that will be played for middle and high school students.The video will be aimed to showcase the services OC San provides and provide information on the different career paths available. Member Agency Outreach Toolkits On a quarterly basis,toolkits are distributed to our member agencies with messages of importance for the local community.The toolkits include articles and graphics to be used in newsletters, websites,and social media.A winter toolkit promoting our video contest and the next session of Wastewater 101 Citizens Academy is planned for distribution in February. CEQA N/A FINANCIAL CONSIDERATIONS All items mentioned are included in OC San’s FY 2022-2024 Budget. ATTACHMENT The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda package: ·Outreach and Media Report - January 2024 Orange County Sanitation District Printed on 2/21/2024Page 4 of 4 powered by Legistar™ Outreach and Media Summary January 2024 OC San Public Affairs Off ice Table of Contents OUTREACH REPORT…………………………………………………………PAGE 1 FACEBOOK POSTINGS ……………………………………………...............PAGE 3 TWITTER POSTINGS …………………………………………………………PAGE 4 INSTAGRAM POSTINGS………………………………………………………PAGE 5 LINKEDIN POSTINGS………………………………………………………....PAGE 6 NEWS ARTICLES……………………………………………………………………………. PAGE 7 Outreach Report January 2024 Date Tours Attendees Tour Guide 1/9/24 Orange County Water District 22 Chris Cervellone 1/16/24 Dana Hills High School 17 Charles Falzone 1/17/24 Costa Mesa Neighbor Tour 2 April Frost 1/17/24 National Water Research Institute 25 Rob Thompson 1/17/24 Board Member Headquarter Tour 23 Rob Thompson 1/23/24 Dana Hills High School 23 Nasrin Nasrollahi 1/29/24 Circulos High School 22 Randa AbuShaban 1/30/24 Dana Hills High School 24 Eric Halverson Date Speaking Engagements/Events Attendees Presenter 1/11/24 Career Day at University California Irvine 250 Troy Edwards 1/18/24 Fountain Valley Mayors Breakfast 40 Rob Thompson 1/24/24 City of Huntington Beach Southeast Area Council Meeting 20 Tanya Chong 1/26/24 California Association of Sanitation Agencies Conference presenting on Building a Culture of Accomplishment at Your Agency 300 Rob Thompson Project Area Outreach Notifications # of People Reached Website Posts and Text Alerts Anaheim/ Buena Park Orange Western Sewer - project update 1 website posts Newport Beach MacArthur Sewer Project – start of construction notice 800 1 website posts External Communications Distribution # of People Reached 5 Minutes Per Month Celebrating 70 Years 216 Board Member Talking Points One 50 Website Posts 10 posts 8.6k views Website Facebook 18 posts 4k reached Social Media Twitter 12 tweets 669 reached Social Media Instagram 23 posts 5k reached Social Media LinkedIn 5 posts 5.6k reached Social Media Post performance - Facebook Pages Data from 01 Jan, 2024 to 31 Jan, 2024 Sources Orange County Sanitation DistrictO Orange County Sanitation District Jan 30, 18:02O Checkout this picture we found in our archives. It was taken by a sta member, possibly while out taking water samples at the beaches. Any guesses as to what City this is? #OCSanHistory #70 Years 11.18%316 313 Orange County Sanitation District Jan 28, 16:01O If this picture doesn’t fit perfectly for #NationalFunDayatWork , nothing does! This was taken back at the 1996 OC San Family Day event.15.53%324 309 Orange County Sanitation District Jan 26, 18:57O OC San's Video Contest is now open for HIGH SCHOOL AND COLLEGE SUDENTS. Submit your videa to win a cash prize! Visit ocsan.gov/video for full details.2.34%151 128 Orange County SanitationDistrict Jan 25, 00:29O Dive into the fascinating world of wastewater with OC San's Wastewater 101 -Citizens Academy! Registration is now open at ocsan.gov/wastewater101 to joinus and gain insights into our vital operations and environmental initiatives. 🌎…7.11%539 464 Orange County SanitationDistrict Jan 21, 16:01O This incredible photograph takes place at Plant 1 in Fountain Valley in the 40’s!This was before OC San began oicial operations. I wonder what he wasthinking? Guess in the comments below.12.93%410 379 Orange County SanitationDistrict Jan 19, 18:02O Just a reminder, when you flush the un-flushable our pipes look like this! Just the 3 P’s please! #W2F #3Ps 4.04%218 198 Orange County SanitationDistrict Jan 17, 18:02O Talk about a #WaybackWednesday. Here’s a photograph from the 1960’s ofsome of OC San’s employees. Just to think, we've been operating for 70 yearsnow and have more than 600 employees! To be a part of our team, visit ocsan.…13.42%417 380 Orange County SanitationDistrict Jan 15, 13:15O (Post with no description)6.32%112 95 Orange County SanitationDistrict Jan 13, 16:01O Talk about talented. The water that goes through our treatment process goesfrom semi-clean to really clean before leaving our plant. Pretty cool right? Tolearn more about our treatment process, visit ocsan.gov/tours to take a self-…9.95%443 412 Orange County SanitationDistrict Jan 12, 16:16O There are multiple career openings currently available at OC San! Visit OCSan.g ov/jobs to learn more about each position and apply today!8.2%557 512 Orange County SanitationDistrict Jan 12, 03:07O FYi 2.97%109 101 Orange County SanitationDistrict Jan 10, 23:43O Dont't forget to join us next week for the OC San Steering Committee Meeting happening on Jan. 17. Click here to view the agenda:1.89%59 53 Orange County SanitationDistrict Jan 09, 20:40O The General Legal Services Ad Hoc Committee Meeting is on Jan. 17 at 1:30 pm. Click here to view the agenda:2%60 50 Orange County SanitationDistrict Jan 09, 18:47O 🎉 Celebrating 70 years of dedication and growth! 🌐 Since our oicialoperations on June 9, 1954, OC San has evolved into more than just awastewater treatment plant, now serving 2.6 million people. Stay tuned for…9.42%246 223 Orange County Sanitation District Jan 09, 18:06O (Post with no description)0.91%123 110 Orange County Sanitation District Jan 05, 18:02O We know that this year, we will no longer see this at our facility because you learned that "flushable" wipes should not be flushed down the toilet. Neither should sanitary products, tampons, sanitary pads, hair, pills, or anything other… 4.7%166 149 Orange County Sanitation District Jan 02, 19:15O Have you wondered how OC San evaluates our assets and their condition? This is all accomplished and laid out in the new 2023 Asset Management Plan. To learn more and to view the report, visit ocsan.gov 3.31%138 121 Orange County Sanitation District Jan 01, 20:02O (Post with no description)7.45%112 94 DATE POST ENGAGEMENT RATE IMPRESSIONS REACH Post performance - Twitter Data from 01 Jan, 2024 to 31 Jan, 2024 Sources @OCSanDistrictO @OCSanDistrict Jan 30, 18:02O Checkout this picture we found in our archives. It was taken by a sta member, possibly while out taking water samples at the beaches. Any guesses as to what City this is? #OCSanHistory #70 Years https://twitter.com/OCSanDistrict/status… 5.45%3 55 @OCSanDistrict Jan 28, 16:01O If this picture doesn’t fit perfectly for #NationalFunDayatWork , nothing does! This was taken back at the 1996 OC San Family Day event. https://twitter.com/ OCSanDistrict/status/1751636651623788751/photo/1 3.85%2 52 @OCSanDistrict Jan 26, 18:57O OC San's Video Contest is now open for HIGH SCHOOL AND COLLEGE SUDENTS. Submit your videa to win a cash prize! Visit http://ocsan.gov/video for full details. https://twitter.com/OCSanDistrict/status/1750956203268600169/pho… 11.11%5 45 @OCSanDistrict Jan 25, 00:29O Dive into the fascinating world of wastewater with OC San's Wastewater 101 -Citizens Academy! Registration is now open at http://ocsan.gov/wastewater101to join us and gain insights into our vital operations and environmental initiativ… 🌎 1.49%1 67 @OCSanDistrict Jan 21, 16:00O This incredible photograph takes place at Plant 1 in Fountain Valley in the 40’s!This was before OC San began oicial operations. I wonder what he wasthinking? Guess in the comments below. https://twitter.com/OCSanDistrict/sta…4.44%2 45 @OCSanDistrict Jan 19, 18:00O Just a reminder, when you flush the un-flushable our pipes look like this! Justthe 3 P’s please! #W2F #3Ps https://twitter.com/OCSanDistrict/status/1748405190879838599/photo/1 2.78%1 36 @OCSanDistrict Jan 17, 18:00O Talk about a #WaybackWednesday. Here’s a photograph from the 1960’s ofsome of OC San’s employees. Just to think, we've been operating for 70 yearsnow and have more than 600 employees! To be a part of our team, visit http://…7.79%6 77 @OCSanDistrict Jan 13, 16:00O Talk about talented. The water that goes through our treatment process goesfrom semi-clean to really clean before leaving our plant. Pretty cool right? Tolearn more about our treatment process, visit http://ocsan.gov/tours to take a…0%0 32 @OCSanDistrict Jan 12, 16:16O There are multiple career openings currently available at OC San! Visit http://OCSan.gov/jobs to learn more about each position and apply today! https://twitter.com/OCSanDistrict/status/1745842308501631175/photo/1 12.82%5 39 @OCSanDistrict Jan 09, 18:47O 🎉 Celebrating 70 years of dedication & growth! Since our oicial operations onJune 9, 1954, we have evolved into more than just a wastewater treatmentplant. Stay tuned for exciting updates as we celebrate 70 Years of OC San! Visi… 🌟 9.84%6 61 @OCSanDistrict Jan 05, 18:00O Hoping this year, we no longer see this at our facility because you learned that"flushable" wipes should not be flushed down the toilet. Neither should sanitaryproducts, tampons,sanitary pads, hair, pills,or anything other than your pee,…3.45%4 116 @OCSanDistrict Jan 02, 19:15O Have you wondered how OC San evaluates our assets and their condition? Thisis all accomplished and laid out in the new 2023 Asset Management Plan. Tolearn more and to view the report, visit http://ocsan.gov https://twitter.com/O…4.55%2 44 DATE POST ENGAGEMENT RATE ENGAGEMENTS IMPRESSIONS Post performance - Instagram Business Data from 01 Jan, 2024 to 31 Jan, 2024 Sources ocsandistrictO ocsandistrict Jan 31, 21:18O If you haven’t yet, register!0%101 0 99 ocsandistrict Jan 30, 18:02O Checkout this picture we found in our archives. It was taken by a sta member, possibly while out taking water samples at the beaches. Any guesses as to what City this is? #OCSanHistory #70 Years 5.3%286 11 264 ocsandistrict Jan 29, 20:03O (No description)0%109 0 109 ocsandistrict Jan 29, 19:51O OC SAN Tour >>> Regular school day To join a your visit 0%133 0 131 ocsandistrict Jan 28, 16:01O If this picture doesn’t fit perfectly for #NationalFunDayatWork , nothing does! This was taken back at the 1996 OC San Family Day event.5.2%291 12 269 ocsandistrict Jan 26, 18:58O OC San's Video Contest is now open for HIGH SCHOOL AND COLLEGE SUDENTS. Submit your videa to win a cash prize! Visit ocsan.gov/video for full details.9.76%308 13 246 ocsandistrict Jan 26, 18:41O OC San is an expert on this topic!0%133 0 133 ocsandistrict Jan 26, 18:40O 📢 Presentation from our General Manager, Rob Thompson 0%147 0 147 ocsandistrict Jan 25, 22:42O Sneak Peek It’s all starting to come together.0%166 0 162 ocsandistrict Jan 25, 00:29O Dive into the fascinating world of wastewater with OC San's Wastewater 101 -Citizens Academy! Registration is now open at ocsan.gov/wastewater101 to joinus and gain insights into our vital operations and environmental initiatives. 🌎…4.65%238 9 215 ocsandistrict Jan 22, 15:55O (No description)0%103 0 103 ocsandistrict Jan 21, 16:01O This incredible photograph takes place at Plant 1 in Fountain Valley in the 40’s!This was before OC San began oicial operations. I wonder what he wasthinking? Guess in the comments below.8.08%284 19 260 ocsandistrict Jan 19, 18:02O Just a reminder, when you flush the un-flushable our pipes look like this! Just the 3 P’s please! #W2F #3Ps 3.39%375 12 354 ocsandistrict Jan 17, 20:27O One for the books, thanks for joining us 💧0%219 0 216 ocsandistrict Jan 17, 18:02O Talk about a #WaybackWednesday. Here’s a photograph from the 1960’s of some of OC San’s employees. Just to think, we've been operating for 70 years now and have more than 600 employees! To be a part of our team, visit ocsan.… 5.91%212 12 203 ocsandistrict Jan 13, 16:01O Talk about talented. The water that goes through our treatment process goes from semi-clean to really clean before leaving our plant. Pretty cool right? To learn more about our treatment process, visit ocsan.gov/tours to take a self-… 5.5%312 15 291 ocsandistrict Jan 12, 16:17O There are multiple career openings currently available at OC San! Visit OCSan.g ov/jobs to learn more about each position and apply today!5.61%417 20 392 ocsandistrict Jan 10, 22:06O More than just partners. Friends @ocwaterdistrict 0%195 0 194 ocsandistrict Jan 09, 18:47O 🎉 Celebrating 70 years of dedication and growth! 🌐 Since our oicial operations on June 9, 1954, OC San has evolved into more than just a wastewater treatment plant, now serving 2.6 million people. Stay tuned for… 10.69%312 28 290 ocsandistrict Jan 05, 18:02O We know that this year, we will no longer see this at our facility because you learned that "flushable" wipes should not be flushed down the toilet. Neither should sanitary products, tampons, sanitary pads, hair, pills, or anything other… 5.6%548 23 518 ocsandistrict Jan 05, 16:48O (No description)0%137 0 136 ocsandistrict Jan 02, 19:15O Have you wondered how OC San evaluates our assets and their condition? This is all accomplished and laid out in the new 2023 Asset Management Plan. To learn more and to view the report, visit ocsan.gov 3.07%182 5 163 ocsandistrict Jan 01, 20:02O (No description)0%115 0 113 DATE POST ENGAGEMENT RATE IMPRESSIONS LIKES REACH Post performance - LinkedIn Pages Data from 01 Jan, 2024 to 31 Jan, 2024 Sources Orange County Sanitation District Orange County Sanitation District Jan 26, 18:57 OC San's Video Contest is now open for HIGH SCHOOL AND COLLEGE SUDENTS. Submit your videa to win a cash prize! Visit ocsan.gov/video for full details.6.96%503 3 1 Orange County Sanitation District Jan 25, 00:29 Dive into the fascinating world of wastewater with OC San's Wastewater 101 - Citizens Academy! Registration is now open at ocsan.gov/wastewater101 to join us and gain insights into our vital operations and environmental initiatives. 🌎… 6.86%1,049 32 4 Orange County Sanitation District Jan 12, 16:16 There are multiple career openings currently available at OC San! Visit OCSan.g ov/jobs to learn more about each position and apply today!8.89%1,046 21 2 Orange County SanitationDistrict Jan 09, 18:47 🎉 Celebrating 70 years of dedication and growth! 🌐 Since our oicialoperations on June 9, 1954, OC San has evolved into more than just awastewater treatment plant, now serving 2.6 million people. Stay tuned for…4.97%1,811 55 2 Orange County SanitationDistrict Jan 02, 19:15 Have you wondered how OC San evaluates our assets and their condition? Thisis all accomplished and laid out in the new 2023 Asset Management Plan. Tolearn more and to view the report, visit ocsan.gov 6.05%1,223 23 3 DATE POST ENGAGEMENT RATE IMPRESSIONS REACTIONS SHARES Article Date Source Link Groundwater system wins national award 1/18/2024 CA Water News Daily https://californiawaternewsdaily.com/industry /groundwater-system-wins-national-award/ FV Mayor's Breakfast 1/18/2024 Utube https://www.youtube.com/watch?v=kF2IjbzB5 kU Huntington Beach residents in battle with O.C. Sanitation District over easement 1/20/2024 Daily Pilot https://www.ocsan.gov/home/showdocument ?id=34401&t=638416779755378992 Swimming pools approved long ago are in jeopardy in one O.C. neighborhood 1/24/2024 Daily Pilot/LA Times https://www.ocsan.gov/home/showdocument ?id=34403&t=638416866924688996 LOCAL NEWS Huntington Beach residents may lose access to parts of their property thanks to an old sewer line 1/26/2024 CBS News https://www.cbsnews.com/losangeles/news/h untington-beach-residents-may-lose-access-to- parts-of-their-property-thanks-to-an-old-sewer- line/ Old sewer line causes property problems for Huntington Beach homeowners 1/26/2024 KCal News https://www.youtube.com/watch?v=- gptkw6Pl60 Media News Articles- January 2024 STEERING COMMITTEE Agenda Report Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 File #:2024-3486 Agenda Date:2/28/2024 Agenda Item No:3. FROM:Robert Thompson, General Manager SUBJECT: LEGISLATIVE AFFAIRS UPDATE FOR THE MONTH OF JANUARY 2024 GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Recommend to the Board of Directors to: Receive and file the Legislative Affairs Update for the month of January 2024. BACKGROUND The Orange County Sanitation District’s (OC San)legislative affairs program includes advocating for OC San’s legislative interests;sponsoring legislation (where appropriate);and seeking Local,State, and Federal funding for projects and programs. RELEVANT STANDARDS ·Maintain influential legislative advocacy and a public outreach program ·Build brand, trust, and support with policy makers and community leaders ·Maintain collaborative and cooperative relationships with regulators,stakeholders,and neighboring communities PROBLEM Without a strong advocacy program,elected officials may not be aware of OC San’s mission, programs, and projects and how they could be impacted by proposed legislation. PROPOSED SOLUTION Continue to work with Local,State,and Federal officials to advocate for OC San’s legislative interests.Help to create/monitor legislation and grants that would benefit OC San,the wastewater industry,and the community.To assist in relationship building efforts,OC San will continue to reach out to elected officials through facility tours,one-on-one meetings,and trips to Washington D.C.and Sacramento. Orange County Sanitation District Printed on 2/21/2024Page 1 of 2 powered by Legistar™ File #:2024-3486 Agenda Date:2/28/2024 Agenda Item No:3. RAMIFICATIONS OF NOT TAKING ACTION If OC San does not work with Local,State,and Federal elected officials,legislation could be passed that negatively affects OC San and the wastewater industry.Additionally,a lack of engagement may result in missed funding opportunities. ADDITIONAL INFORMATION Federal Update: At the time of this writing,Congress continues to work on the final spending bills for FY 2024.At this point,a partial government shutdown could occur on March 1 unless the stopgap spending deadline is extended.Additionally,the President will submit his FY 2025 budget request to Congress on March 11. State Update: January included the release of Governor Newsom’s Proposed Budget for the 2024-25 fiscal year. The Proposed Budget,released on January 10,included an estimated $37.9 billion budget shortfall. The Governor stated that the shortfall can be attributed to two main factors;the substantial decline in the stock market that drove down revenues in 2022 and the unprecedented delay in critical income tax collections. Proposed Bill Update: Following the direction of the OC San Board of Directors,Townsend Public Affairs (TPA)has been working with OC San staff the past month to identify an author for the introduction of a bill to exclude certain types of wastewater treatment chemicals from the State’s portion of the Sales and Use Tax. This measure is anticipated to save OC San more than $1 million per year in Sales and Use Tax. TPA has met with and briefed several Members of the Orange County Delegation best suited to this legislative concept to advocate for the inclusion of this proposed bill concept in their 2024 legislative bill packages.All Members have respectfully declined our request for authorship this year citing limited bill packages (a restriction of how many bills they can run per year),the multi-year nature of the request, and the current status of the State Budget. OC San staff and lobbyists will spend the next year educating Members on the issue.This includes conducting meetings in Sacramento to learn more about the effects of this policy on stakeholders statewide as we expect that a sales tax exemption bill would be a multi-year effort.We recommend spending a year laying the groundwork and continuing the outreach and advocacy,with a plan to introduce legislation in 2025, during the first year of a two-year legislative session. ATTACHMENT The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda package: ·Federal Legislative Update ·State Legislative Update Orange County Sanitation District Printed on 2/21/2024Page 2 of 2 powered by Legistar™ 1 | P a g e TO: Rebecca Long FROM: Eric Sapirstein DATE: February 2, 2024 SUBJECT: Washington Update Congress returned to work, kicking off the second and final session of the 118th Congress. Most of Congress’ attention focused on legislative hearings on the Water Resources Development Act of 2024, cybersecurity, and the water sector, and finalizing fiscal year 2024 spending bills to avoid a shut-down or a year-long Continuing Resolution in March. • Fiscal Year 2024 Appropriations Back On Track On January 18, the Senate passed a continuing resolution (CR) (H.R. 2872) funding four appropriations bills through March 1 and the remaining eight appropriations bills through March 8. The agreement became the first concrete advancement in a process to finalize Fiscal Year (FY) 2024 spending before the Fiscal Responsibility Act’s (FRA), mandates are triggered in April. These mandates would require a full-year CR, along with an across-the-board spending cut of one percent. The spending reduction would actually be larger, perhaps as much as ten percent. This is because federal agencies have obligated higher spending under the existing Continuing Resolution, compared to the prescribed FY 24 levels dictated under FRA. This means increased cuts would be necessary to account for the higher spending levels of the past several months. If FRA reductions are triggered, the Office of Management and Budget would decide which programs to cut. These decisions would be transmitted to Congress as a “Sequester” that Congress could override. But an override would be unlikely. 2 | P a g e In a promising sign, the House and Senate Committees on Appropriations reached agreement on FY 24 spending allocations (302b). These 302 b’s establish spending levels for each subcommittee that draft spending bills. The agreement is important because final congressional spending negotiations can now proceed that depart on a common spending baseline. In a promising sign that negotiations may avoid becoming bogged down over spending levels, congressional appropriators have signaled that while some spending reductions are likely, most programs should remain funded at FY 2023 spending levels. Given the limited time between today and March 1, when the first stopgap spending deadline is triggered, another stopgap measure may be necessary to allow Congress time to finalize an overall spending agreement. Speculation centers on a limited extension, perhaps until the end of March. • Senate PFAS Legislation Remains Stalled The Senate Committee on Environment and Public Works staff continue to work to develop Per- and polyfluoroalkyl substances (PFAS) treatment and clean-up legislation. At this writing, committee staff remain committed to develop legislation. However, as has been the constant in the debate, designing liability protection for passive receivers, including water agencies, remains an obstacle to reaching an overall agreement that can garner bipartisan support. Continued strong and unyielding opposition to any compromise on liability protections from the environmental community has blocked efforts to develop consensus language that would protect water agencies from potential liability under the law. • PFAS Liability and Frivolous Litigation Remains a Top Priority for OC San OC San’s priority to ensure it is not subject to unwarranted Superfund PFAS liability or frivolous litigation remains a priority for many committee members. This includes all Republican members. It now seems increasingly likely that resolution of potential liability protection language will be delayed until the Lame Duck Session later this fall. At the same time, should the United States Environmental Protection Agency (USEPA) issue a final rule to designate PFAS chemicals as hazardous substances, it would likely trigger immediate litigation that the agency overstepped its Superfund authority and failed to consider public input in drafting the rule. Any final rule would likely serve to prompt passive receiver stakeholders to demand that Congress take action. This might include language delaying the designation rule implementation through a rider in a USEPA spending bill for USEPA or employ its Congressional Review Act authority to veto the rulemaking. The current situation means that the ongoing advocacy to protect wastewater agencies will need to be maintained for the coming months leading into the fall. 3 | P a g e • U.S. Environmental Protection Agency Regulatory Agenda and PFAS USEPA continues to move forward on its PFAS rulemakings. As reported last month, the agency intends to issue rules impacting water treatment and PFAS designation of PFAS under Superfund. Of specific note is the just released USEPA decision to finalize testing protocols (1633 and 1621) for PFAS. The updated protocols must be published in the Federal Register but represent another step in the priority to require the use of the Clean Water Act’s authorities to identify the PFAS family of chemicals in wastewaters and biosolids upon which future agency mandates and rule actions may be initiated. EPA is expected to now issue final rules: o PFAS drinking water maximum contaminant level (MCL) of 4 PPT in February. o Designate PFAS as a hazardous substance under Comprehensive Environmental Response, Compensation, and Liability Act in March 2024 (rule currently at Office of Management and Budget for final approval). • Importance of USEPA Schedule As noted in the above review of PFAS legislative developments, if USEPA issues a final rule on the designation of PFAS chemicals under Superfund, it could serve as a catalyst for stakeholders to seek congressional action to review and revoke the rule under the Congressional Review Act. Regardless, we expect that litigation would be initiated challenging the rulemaking. • Low Income Household Water Assistance Program Efforts to address low-income ratepayers’ water and wastewater service needs are expected to be addressed in the coming weeks when Senator Alex Padilla is expected to introduce his Low-Income Household Water Assistance Program Establishment Act (LIHWAP). The bill would authorize a permanent ratepayer assistance program. This would be similar to the current low-income heating and energy assistance program. Each state would receive a block grant of assistance. If enacted, the bill would be established within the Department of Health and Human Services. Once USEPA implements a pilot program authorized under prior legislation, the program would be transferred to the agency for long-term management. The bill does not include an authorization for the program. The soon to be introduced legislation would not directly impact OC San. However, it could support member agencies and the County of Orange that could provide relief if appropriate. Page 1 M E M O R A N D U M To: Orange County Sanitation District From: Townsend Public Affairs Date: February 7, 2024 Subject: State Legislative Monthly Report STATE LEGISLATIVE UPDATES The State Legislature returned from interim recess on January 3 to begin the second year of the 2023-24 legislative session. As it is the second year of a two-year session, those bills that did not progress in the previous session and were marked as “Two-Year Bills” had the opportunity to progress at the behest of their authors by the end of January. Critical issues on the forefront of Member’s minds include matters such as housing affordability, climate change initiatives, disaster preparedness, and education reforms. Legislative trends that have emerged for 2024 include governing the deployment of artificial intelligence, Proposition 47 reform and theft prevention, and electric bicycle and firearm safety. New bills will continue to trickle in until the February 16 bill introduction deadline, which marks the final day for new bill vehicles. As always, Members will have the opportunity to amend or “gut and amend” existing bills into entirely new policies throughout the session, so long as their progress adheres to the 72-hour in print rule. Additionally, the month of January also included the release of the Governor Newsom’s Proposed Budget for the 2024-25 fiscal year. The Proposed Budget, released on January 10, includes an estimated $37.9 billion budget shortfall. The Governor stated that the shortfall can be attributed to two main factors; the substantial decline in the stock market that drove down revenues in 2022 and the unprecedented delay in critical income tax collections. Below is an overview of pertinent legislative actions taken during the month of January. Governor Newsom Announces 2024-24 Proposed Budget On January 10, Governor Newsom released his 2024-25 State Budget. The Proposed Budget includes an estimated $37.9 billion budget shortfall. According to the Governor, the shortfall can be attributed to two main factors; the substantial decline in the stock market that drove down revenues in 2022 and the unprecedented delay in critical income tax collections. (NOTE: The Governor’s shortfall estimate is significantly lower than the Legislative Analyst’s estimate of $68 billion primarily due to differing accounting measures and more optimistic revenue estimates.) Last year, due to the unprecedented tax deadline delays, the majority of the State’s revenues did not arrive until October and November of 2023. This means that the revision of the State’s spending plan that typically would come as part of last year’s May Revision is instead being made in the January 2024 proposed budget release. Page 2 In June 2023, the State passed a budget that planned accordingly, setting aside record reserves of just under $38 billion. Now, the State faces a budget that must solve last year’s shortfall while adjusting State spending to ensure continued fiscal stability for years to come. Following the budget surpluses in 2021 and 2022, the State Budget approved $8.7 billion over multiple years to mitigate impacts from extreme drought and flood as well as protect fish and wildlife. The Governor’s 2024-2025 January Budget proposes to maintain $7.3 billion of the previously allocated $8.7 billion over multiple years, but also proposes to cut or delay approximately $900 million in previously allocated or budgeted funds. Major cuts and retractions in the budget include water recycling, per-and polyfluoroalkyl substances (PFAS) remediation, and watershed climate resiliency. While the budget proposal includes various spending reductions and deferrals, it is important to note that the budget situation will continue to evolve over the next few months before its enactment. The Governor’s proposal will be updated in May to reflect changes to tax returns, inflationary pressures, and federal monetary policy that could result in additional spending cuts or the restoration of spending programs. Looking forward, in late January, the Legislature’s budget subcommittees will begin their hearings, reviewing and recommending changes to the proposed budget. After a few months of the Legislature’s budget hearings, the Governor must present a revised budget by May 14 based on updated revenue estimates. After negotiations between the Governor and the Legislature, the Legislature’s deadline to pass a balanced budget is June 15 and the Governor needs to approve a final 2024-25 spending plan before the new budget year beginning July 1. Assembly and Senate Hold Budget Committee Hearings On January 23, both the Assembly and Senate held their respective Budget Committee hearings. In both hearings Chief Deputy Director of the Department of Finance Erika Li and Legislative Analyst Gabriel Patek presented to the Committee members their perspectives and recommendations on the upcoming budget. Ms. Li laid out the basis for the Administration’s deficit estimate and discussed broadly the Governor’s solutions to the budget problem. Mr. Patek commented that, while the Governor’s budget estimates are potentially accurate, his office believes that the revenue assumptions are quite optimistic and therefore the Legislature may need to find more solutions than the Governor has thus far outlined. Both presenters agreed on two points. First, that the State has done a relatively good job in building its reserve funds to address what may be a minor recession in the State’s economy. Second, that it is likely that there will be budget deficits in the out years beyond this coming fiscal year and the Legislature must keep in mind that ongoing solutions could be in order. Most members of each Committee took time to ask clarifying questions from the presenters, as well as to discuss their priorities for the upcoming budget. Each Committee Char spoke of the many upcoming budget subcommittee hearings at which the work of compiling the balanced budget will take place. Page 3 Legislative Analyst’s Office (LAO) Report on Urban Water Use Efficiency Requirements In 2018, the Legislature passed legislation that worked to establish a long‑term urban water use efficiency framework to “Make Conservation a California Way of Life.” This framework creates new requirements for about 405 urban retail water suppliers that supply water to nearly 95 percent of state residents and requires these suppliers to evaluate their actual water use against a Water Use Objective. This framework was stringent in its development and established objectives and targets for urban water suppliers that are difficult to reach, even with appropriate investment into drinking water systems. The wastewater community is also concerned that decreased wastewater flows could potentially have a negative impact to collection and treatment infrastructure. The LAO, a nonpartisan office within the state government that gives fiscal and policy advice to the Legislature, released a report in January on the effectiveness of the legislation and subsequent regulations from the State Water Resources Control Board and the Department of Water Resources. The report found that the proposed regulations create significant implementation challenges for urban water suppliers and go beyond what the 2018 legislation requires or what DWR recommended. Furthermore, the report outlined that the urban water efficiency targets will be difficult to achieve in the aggressive time period given in the regulations, will be far most costly than originally assumed, and could disproportionally affect low-income customers. The LAO report concluded with a list of recommendations for the Legislature to consider adopting to improve the current goals set in statute and the ongoing regulation process. Such recommendations include enhanced technical assistance to urban water suppliers, reduce complexity and improve variances, and re-evaluate the framework’s key milestones set out in the 2018 legislation. Suppliers in the service area of OC San are eligible for recycling variances from the legislation/regulation, however, recommendations suggest that these variances should be expanded and simplified for regions recycling a majority or all their wastewater. The Make Conservation a California Way of Life regulations are expected to be adopted in Summer/Fall 2024, giving the Legislature a narrow window to make improvements to the statute this year. Assembly Members Introduce Healthy Environment Constitutional Amendment On January 25, Assembly Members Bryan, Kalra and Muratsuchi introduced ACA 16, a resolution to amend the California Constitution that would enshrine the people’s right to clean air and water and a healthy environment. The measure is coauthored by Assembly Members Friedman, Jackson, Lee, McKinnor, and Valencia as well as Senators Limon and Stern. If enacted, this measure could have significant impacts on all levels of government as it could essentially become a legal guarantee that all residents of California never be exposed to anything but a healthy environment – and if a resident is exposed to anything unhealthy, the government(s) with jurisdiction could be found liable for that exposure. This could open substantial courses of litigation and costs for a variety of governmental entities, including OC San as it relates to air quality around the wastewater treatment plants, the quality of effluent being discharged into the ocean, and the disposal/use of biosolids and biogas. Page 4 As with all proposed Constitutional amendments it must pass both houses of the Legislature with two-thirds votes and then is placed on the statewide ballot. The Governor has no involvement and therefore cannot veto if passed by the Legislature. It is unclear whether the authors of the measure intend to move forward with it or if it has the support of leadership in either house. Supreme Court Hears Case on Impact Fees Earlier this month, a dispute arising from a resident of Placerville over El Dorado County’s imposition of $23,420 in impact fees rose to the highest court in the state. The legal saga began in 2016 when George Sheetz built a small, manufactured home on a vacant tract in the city of Placerville. The County imposed a development impact fee of over $20,000 which Mr. Sheetz paid before launching a lawsuit against the County for violation of property rights. Specifically, the lawsuit alleged that the county failed to prove that the impact fee accurately reflected the impact his project would have on the surrounding local infrastructure. Instead, the County should have completed a thorough, property-specific inspection and analysis of the local impacts to justify the fee. The State courts ultimately ruled against him, citing the decades-old California law that permits local governments to charge fees to builders for “costs attributable to the increased demand for public facilities reasonably related to the development project.” Justice Elena Duarte, who presided over the initial case, iterated that the fee leveraged by the County was “imposed pursuant to a legislatively authorized fee program that generally applies to all new development projects within the County.” However, upon appeal, the case rose to the ranks of the U.S. Supreme Court, which took up the issue on January 9. The plaintiff has since received support from various organizations and housing affordability advocates, including the California Building Industry Association and the National Association of Homebuilders. Ultimately, the outcome of the case will be incredibly consequential to how local governments can apply – and the steps they must take to justify – development impact fees. Local government advocates cite the potential for a dangerous decline in critical local revenues in a world with dwindling property taxes to subsidize infrastructure development, alongside the potential for permitting approval delays associated with the administratively burdensome fee justification process. Housing advocates, on the other hand, argue that impact fee reductions and transparency would eliminate cost barriers to build. A ruling is anticipated in February 2024. STEERING COMMITTEE Agenda Report Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 File #:2024-3496 Agenda Date:2/28/2024 Agenda Item No:CS-1 FROM:Robert Thompson, 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 Thomas Solar Energy v.Orange County Sanitation District,Orange County Superior Court Case No. 30-2023-01337224...body BACKGROUND During the course of conducting the business set forth on this agenda as a regular meeting of the Board,the Chairperson may convene the Board in closed session to consider matters of pending real estate negotiations, pending or potential litigation, or personnel matters. Reports relating to (a)purchase and sale of real property;(b)matters of pending or potential litigation;(c)employment actions or negotiations with employee representatives;or which are exempt from public disclosure under the California Public Records Act,may be reviewed by the Board during a permitted closed session and are not available for public inspection.At such time the Board takes final action on any of these subjects, the minutes will reflect all required disclosures of information. RELEVANT STANDARDS ·Government Code Sections 54956.8, 54956.9, 54957, or 54957.6, as noted ATTACHMENT The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda package: ·Memorandum from General Counsel Orange County Sanitation District Printed on 2/21/2024Page 1 of 1 powered by Legistar™ WOODRUFF & SMART, APC 555 ANTON BOULEVARD, SUITE 1200 | COSTA MESA, CA 92626-7670 | TELEPHONE (714) 558-7000 | FAX (714) 835-7787 WWW.WOODRUFF.LAW M E M O R A N D U M TO: Hon. Chair and Members of the Orange County Sanitation District Steering Committee FROM: Bradley R. Hogin, Esq. General Counsel DATE: February 20, 2024 RE: Closed Session Items The Steering Committee desires to hold a closed session on February 28, 2024 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 Thomas Solar Energy v. Orange County Sanitation District, Orange County Superior Court Case No. 30-2023-01337224. 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 #:2024-3495 Agenda Date:2/28/2024 Agenda Item No:CS-2 FROM:Robert Thompson, 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 Klean Waters,Inc.,et al.v.Orange County Sanitation District,United States District Court,Central District of California, Southern Division, Case No. 8:15-cv-00627...body BACKGROUND During the course of conducting the business set forth on this agenda as a regular meeting of the Board,the Chairperson may convene the Board in closed session to consider matters of pending real estate negotiations, pending or potential litigation, or personnel matters. Reports relating to (a)purchase and sale of real property;(b)matters of pending or potential litigation;(c)employment actions or negotiations with employee representatives;or which are exempt from public disclosure under the California Public Records Act,may be reviewed by the Board during a permitted closed session and are not available for public inspection.At such time the Board takes final action on any of these subjects, the minutes will reflect all required disclosures of information. RELEVANT STANDARDS ·Government Code Sections 54956.8, 54956.9, 54957, or 54957.6, as noted ATTACHMENT The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda package: ·Memorandum from General Counsel Orange County Sanitation District Printed on 2/21/2024Page 1 of 1 powered by Legistar™ WOODRUFF & SMART, APC 555 ANTON BOULEVARD, SUITE 1200 | COSTA MESA, CA 92626-7670 | TELEPHONE (714) 558-7000 | FAX (714) 835-7787 WWW.WOODRUFF.LAW M E M O R A N D U M TO: Hon. Chair and Members of the Orange County Sanitation District Steering Committee FROM: Bradley R. Hogin, Esq. General Counsel DATE: February 20, 2024 RE: Closed Session Items The Steering Committee desires to hold a closed session on February 28, 2024 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 Klean Waters, Inc., et al. v. Orange County Sanitation District, United States District Court, Central District of California, Southern Division, Case No. 8:15-cv- 00627. 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 #:2024-3497 Agenda Date:2/28/2024 Agenda Item No:CS-3 FROM:Robert Thompson, General Manager SUBJECT: CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION - GOVERNMENT CODE SECTION 54956.9(d)(1) GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Convene in Closed Session: Number of Potential Cases: 1 Orange County Sanitation District v. Robert M. Jackson, et al., Orange County Superior Court Case No.30-2024-01379706-CU-OR-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 Orange County Sanitation District Printed on 2/21/2024Page 1 of 1 powered by Legistar™ WOODRUFF & SMART, APC 555 ANTON BOULEVARD, SUITE 1200 | COSTA MESA, CA 92626-7670 | TELEPHONE (714) 558-7000 | FAX (714) 835-7787 WWW.WOODRUFF.LAW M E M O R A N D U M TO: Hon. Chair and Members of the Orange County Sanitation District Steering Committee FROM: Bradley R. Hogin, Esq. General Counsel DATE: February 20, 2024 RE: Closed Session Items The Steering Committee desires to hold a closed session on February 28, 2024 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 Orange County Sanitation District v. Robert M. Jackson, et al., Orange County Superior Court Case No. 30-2024-01379706-CU-OR-CJC. 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 #:2024-3458 Agenda Date:2/28/2024 Agenda Item No:CS-4 FROM:Robert Thompson, General Manager SUBJECT: CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED LITIGATION - GOVERNMENT CODE SECTION 54956.9(d)(4) GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Convene in Closed Session: Number of Potential Cases: 1 Potential initiation of litigation regarding Miller-Holder Easement. BACKGROUND During the course of conducting the business set forth on this agenda as a regular meeting of the Board,the Chairperson may convene the Board in closed session to consider matters of pending real estate negotiations, pending or potential litigation, or personnel matters. Reports relating to (a)purchase and sale of real property;(b)matters of pending or potential litigation;(c)employment actions or negotiations with employee representatives;or which are exempt from public disclosure under the California Public Records Act,may be reviewed by the Board during a permitted closed session and are not available for public inspection.At such time the Board takes final action on any of these subjects, the minutes will reflect all required disclosures of information. RELEVANT STANDARDS ·Government Code Sections 54956.8, 54956.9, 54957, or 54957.6, as noted ATTACHMENT The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda package: ·Memorandum from General Counsel Orange County Sanitation District Printed on 2/21/2024Page 1 of 1 powered by Legistar™ WOODRUFF & SMART, APC 555 ANTON BOULEVARD, SUITE 1200 | COSTA MESA, CA 92626-7670 | TELEPHONE (714) 558-7000 | FAX (714) 835-7787 WWW.WOODRUFF.LAW M E M O R A N D U M TO: Hon. Chair and Members of the Orange County Sanitation District Steering Committee FROM: Bradley R. Hogin, Esq. General Counsel DATE: February 20, 2024 RE: Closed Session Items The Steering Committee desires to hold a closed session on February 28, 2024 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. OC San owns a 30-foot-wide easement that allows OC San to access the Miller-Holder pipeline. A number of homeowners in Huntington Beach have interfered with OC San’s property rights by placing permanent structures on the easement. The offending structures lie adjacent to the Union Pacific rail line between Kim Lane to the north and the East Garden Grove Wintersburg channel to the south. 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 #:2024-3457 Agenda Date:2/28/2024 Agenda Item No:CS-5 FROM:Robert Thompson, General Manager SUBJECT: PUBLIC EMPLOYEE PERFORMANCE EVALUATION 54957(B)(1) RECOMMENDATION: Convene in Closed Session: Public Employee Performance Evaluation Number of Employees: 1 ·General Counsel BACKGROUND During the course of conducting the business set forth on this agenda as a regular meeting of the Board,the Chairperson may convene the Board in closed session to consider matters of pending real estate negotiations, pending or potential litigation, or personnel matters. Reports relating to (a)purchase and sale of real property;(b)matters of pending or potential litigation;(c)employment actions or negotiations with employee representatives;or which are exempt from public disclosure under the California Public Records Act,may be reviewed by the Board during a permitted closed session and are not available for public inspection.At such time the Board takes final action on any of these subjects, the minutes will reflect all required disclosures of information. RELEVANT STANDARDS ·Government Code Sections 54956.8, 54956.9, 54957, or 54957.6, as noted ATTACHMENT The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda package: ·Memorandum from General Counsel Orange County Sanitation District Printed on 2/21/2024Page 1 of 1 powered by Legistar™ WOODRUFF & SMART, APC 555 ANTON BOULEVARD, SUITE 1200 | COSTA MESA, CA 92626-7670 | TELEPHONE (714) 558-7000 | FAX (714) 835-7787 WWW.WOODRUFF.LAW M E M O R A N D U M TO: Hon. Chair and Members of the Orange County Sanitation District Steering Committee FROM: Bradley R. Hogin, Esq. General Counsel DATE: February 20, 2024 RE: Closed Session Items The Steering Committee desires to hold a closed session on February 28, 2024 for the purpose of conferring for the evaluation of the District’s General Counsel. Said closed session will be held pursuant to authority of California Government Code Section 54957(b)(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.