HomeMy WebLinkAbout08-28-2024 Steering Committee Meeting Complete Agenda Packet
SPECIAL NOTICE
PUBLIC ATTENDANCE & PARTICIPATION AT PUBLIC MEETINGS
Steering Committee Meeting
Wednesday, August 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: 401 599 244#
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!
August 21, 2024
NOTICE OF REGULAR MEETING STEERING COMMITTEE
ORANGE COUNTY SANITATION DISTRICT
Wednesday, August 28, 2024 – 5:00 P.M.
Plant No. 1 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, August 28, 2024 at 5:00 p.m.
STEERING COMMITTEE & BOARD MEETING DATES
September 25, 2024
October 23, 2024
November 20, 2024 *
December 18, 2024 *
January 22, 2025
February 26, 2025
March 26, 2025
April 23, 2025
May 28, 2025
June 25, 2025
July 23, 2025
August 27, 2025
* Meeting will be held on the third Wednesday of the month
ROLL CALL STEERING COMMITTEE
Meeting Date: August 28, 2024 Time: 5:00 p.m.
COMMITTEE MEMBERS (7) Ryan Gallagher, Board Chair
Jon Dumitru, Board Vice-Chair
Pat Burns, Operations Committee Chair Christine Marick, Administration Committee Chair
Glenn Grandis, Member-At-Large
Chad Wanke, Member-At-Large
John Withers, Member-At-Large
OTHERS Scott Smith, General Counsel
STAFF
Rob Thompson, General Manager
Lorenzo Tyner, Assistant General Manager
Jennifer Cabral, Director of Communications 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, August 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 those
distributed less than 72 hours prior to the meeting to a majority of the Board of Directors, are available for
public inspection with 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.
NOTICE TO DIRECTORS: To place items on the agenda for a Committee or Board Meeting, the item must be
submitted 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 Communications: Jennifer Cabral, jcabral@ocsan.gov / (714) 593-7581
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, August 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.
1.2024-3742APPROVAL OF MINUTES
RECOMMENDATION:
Approve minutes of the Regular meeting of the Steering Committee held July 24, 2024.
Originator:Kelly Lore
Agenda Report
07-24-2024 Steering Committee Minutes
Attachments:
2.2024-3762LEGISLATIVE AFFAIRS UPDATE FOR THE MONTH OF JULY 2024
RECOMMENDATION: Recommend to the Board of Directors to:
Receive and file the Legislative Affairs Update for the month of July 2024.
Originator:Jennifer Cabral
Agenda Report
Federal Legislative Update
Federal Matrix
State Legislative Update
State Matrix
Attachments:
Page 1 of 5
STEERING COMMITTEE Regular Meeting Agenda Wednesday, August 28, 2024
3.2024-3767PUBLIC AFFAIRS UPDATE FOR THE MONTH OF JULY 2024
RECOMMENDATION: Recommend to the Board of Directors to:
Receive and file the Public Affairs Update for the month of July 2024.
Originator:Jennifer Cabral
Agenda Report
Outreach and Media Report - July 2024
WPAA Local Public Affairs Report - July 2024
Attachments:
NON-CONSENT:
4.2024-3748BAY BRIDGE PUMP STATION REPLACEMENT, PROJECT NO. 5-67
RECOMMENDATION: Recommend to the Board of Directors to:
Approve a Project Specific Maintenance Agreement with the California Department of
Transportation (Caltrans) for the construction and maintenance of force mains,
drainage pipes, retaining wall, sidewalk, curb and gutter hardscape, and landscaping
within the Caltrans right-of-way for the Bay Bridge Pump Station Replacement, Project
No. 5-67.
Originator:Mike Dorman
Agenda Report
Project Specific Maintenance Agreement
Attachments:
5.2024-3749BAY BRIDGE PUMP STATION REPLACEMENT, PROJECT NO. 5-67
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a Utility Permit Agreement with the County of Orange for installing force
mains under the Lower Newport Bay Channel for the Bay Bridge Pump Station
Replacement, Project No. 5-67; and
B. Approve a one-time payment of $5,000 to the County of Orange for fees
associated with the Utility Permit Agreement.
Originator:Mike Dorman
Agenda Report
Utility Permit Agreement
Attachments:
6.2024-3764UPDATE TO RULES OF PROCEDURE FOR THE CONDUCT OF
BUSINESS OF THE ORANGE COUNTY SANITATION DISTRICT
RECOMMENDATION: Recommend to the Board of Directors to:
Page 2 of 5
STEERING COMMITTEE Regular Meeting Agenda Wednesday, August 28, 2024
A. Approve moving the consideration of legislative and public affairs matters from
the Steering Committee to the Administration Committee; and
B. Adopt Resolution No. OC SAN 24-09 entitled: “A Resolution of the Board of
Directors of the Orange County Sanitation District establishing Rules of
Procedure for the Conduct of Business of the Orange County Sanitation District,
and repealing Resolution No. OC SAN 22-37”.
Originator:Jennifer Cabral
Agenda Report
OC SAN 24-09 Redlined
OC SAN 24-09 Clean
Attachments:
7.2024-3765GENERAL MANAGER’S COMPENSATION AND BENEFITS
RECOMMENDATION: Recommend to the Board of Directors to:
Adopt Resolution No. OC SAN 24-10 entitled: “A Resolution of the Board of Directors
of the Orange County Sanitation District approving a salary increase and salary range
adjustment for the General Manager for Fiscal Year 2024/2025.” The increase consists
of a salary range adjustment and corresponding salary increase of 7.3%, effective in
the first pay period of July 2024.
Originator:Laura Maravilla
Agenda Report
Resolution No. OC SAN 24-10
General Manager Salary Schedules (Current & Proposed FY
24-25)
At-Will Employment Agreement, Robert C. Thompson (eff.
7/1/24)
Attachments:
INFORMATION ITEMS:
None.
DEPARTMENT HEAD REPORTS:
CLOSED SESSION:
During the course of conducting the business set forth on this agenda as a regular meeting of the Board, the
Chairperson may convene the Board in closed session to consider matters of pending real estate negotiations,
pending or potential litigation, or personnel matters, pursuant to Government Code Sections 54956.8, 54956.9,
54957 or 54957.6, as noted.
Reports relating to (a) purchase and sale of real property; (b) matters of pending or potential litigation; (c)
employment actions or negotiations with employee representatives; or which are exempt from public disclosure
Page 3 of 5
STEERING COMMITTEE Regular Meeting Agenda Wednesday, August 28, 2024
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 2024-3772CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION -
GOVERNMENT CODE SECTION 54956.9(d)(1)
RECOMMENDATION: Convene in Closed Session:
Number of Cases: 1
BKK Working Group, et al. v. Albertsons Companies, Inc., et al., United States District
Court Central District of California, Court Case No. 2:18-CV-05836-MWF(PLAx).
Agenda Report
Steering CS Memo re BKK v. Albertsons
Attachments:
CS-2 2024-3750CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION -
GOVERNMENT CODE SECTION 54956.9(d)(1)
RECOMMENDATION: Convene in Closed Session:
Number of Cases: 1
Orange County Sanitation District, a public entity v. Bayside Village Marina, LLC, a
limited liability company; Laguna Beach County Water District, a public entity; and
Does 1-100, inclusive; and all Persons Unknown Claiming an Interest in the Property,
Superior Court of California, County of Orange, Case No. 30-2022-01251890.
Agenda Report
Steering CS Memo re Bayside Village Marina
Attachments:
CS-3 2024-3763CONFERENCE WITH LABOR NEGOTIATORS - GOVERNMENT CODE
SECTION 54957.6
RECOMMENDATION: Convene in Closed Session:
Designated Representatives: General Manager Robert Thompson, Assistant General
Manager Lorenzo Tyner, and Director of Human Resources Laura Maravilla.
Employee Organizations: (3)
International Union of Operating Engineers, Local 501; Orange County Employees
Association; and the Supervisory and Professional Management Group.
Unrepresented Employees: (3)
Confidential Group; Managers Group; and Executive Managers Group
Page 4 of 5
STEERING COMMITTEE Regular Meeting Agenda Wednesday, August 28, 2024
Agenda Report
Steering CS Memo re Labor Negotiations
Attachments:
RECONVENE IN REGULAR SESSION.
CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED
SESSION:
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY:
BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING:
At this time Directors may request staff to place an item on a future agenda.
ADJOURNMENT:
Adjourn the meeting until the Regular Meeting of the Steering Committee on September 25,
2024 at 5:00 p.m.
Page 5 of 5
STEERING COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2024-3742 Agenda Date:8/28/2024 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 Regular meeting of the Steering Committee held July 24, 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:
·July 24, 2024 Steering Committee meeting minutes
Orange County Sanitation District Printed on 8/19/2024Page 1 of 1
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Orange County Sanitation District
Minutes for the
STEERING COMMITTEE
Wednesday, July 24, 2024
5:00 PM
Conference Room A
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 Ryan Gallagher on Wednesday, July 24, 2024 at 5:00 p.m.
in the Administration Building of the Orange County Sanitation District.
ROLL CALL AND DECLARATION OF QUORUM:
Assistant Clerk of the Board Tina Knapp declared a quorum present as follows:
PRESENT:Ryan Gallagher, Jon Dumitru, Pat Burns, Christine Marick, Chad
Wanke and John Withers
ABSENT:Glenn Grandis
STAFF PRESENT: Rob Thompson, General Manager; Lorenzo Tyner, Assistant General
Manager; Jennifer Cabral, Director of Communications; Mike 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; Tina Knapp, Assistant Clerk of the Board; Mo Abiodun; Jackie
Castro; Daisy Covarrubias; Raul Cuellar; Don Cutler; Thys DeVries; Martin Dix; Brian Engeln;
Justin Fenton; Al Garcia; Rebecca Long; Rob Michaels; Kevin Work; and Ruth Zintzun were
present in Conference Room A.
OTHERS PRESENT: Scott Smith, General Counsel; Lindsay Caro and Gary Weisberg,
Woodruff & Smart; and Danielle Dychter, Michael Sullivan & Associates, 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 Gallagher reminded the Committee that the Operations and Administration Committees
are dark in August. Chair Gallagher also reported that it is intended to hold the August
Steering and Board meetings in the new Headquarters and that the location of the meetings
will be highlighted on the public notice and will be included in the agenda packet distribution
email approximately a week prior to the meeting. Lastly, Chair Gallagher reported that an
annual picture of the Board of Directors will be taken in August, with the picture being taken
in-between the Steering Committee and Board meetings.
Page 1 of 5
STEERING COMMITTEE Minutes July 24, 2024
General Manager Rob Thompson did not provide a report.
CONSENT CALENDAR:
1.APPROVAL OF MINUTES 2024-3701
Originator: Kelly Lore
MOVED, SECONDED, AND DULY CARRIED TO:
Approve minutes of the Regular meeting of the Steering Committee held June 26,
2024.
AYES:Ryan Gallagher, Jon Dumitru, Pat Burns, Christine Marick, Chad
Wanke and John Withers
NOES:None
ABSENT:Glenn Grandis
ABSTENTIONS:None
2.LEGISLATIVE AFFAIRS UPDATE FOR THE MONTH OF JUNE 2024 2024-3707
Originator: Jennifer Cabral
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
Receive and file the Legislative Affairs Update for the month of June 2024.
AYES:Ryan Gallagher, Jon Dumitru, Pat Burns, Christine Marick, Chad
Wanke and John Withers
NOES:None
ABSENT:Glenn Grandis
ABSTENTIONS:None
3.PUBLIC AFFAIRS UPDATE FOR THE MONTH OF JUNE 2024 2024-3708
Originator: Jennifer Cabral
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
Receive and file the Public Affairs Update for the month of June 2024.
AYES:Ryan Gallagher, Jon Dumitru, Pat Burns, Christine Marick, Chad
Wanke and John Withers
NOES:None
ABSENT:Glenn Grandis
ABSTENTIONS:None
Page 2 of 5
STEERING COMMITTEE Minutes July 24, 2024
NON-CONSENT:
4.BENEFITS FOR UNREPRESENTED EXECUTIVE MANAGEMENT
EMPLOYEES
2024-3727
Originator: Laura Maravilla
Mr. Thompson provided a verbal report of the item.
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
Adopt Resolution No. OC SAN 24-XX entitled: “A Resolution of the Board of Directors
of the Orange County Sanitation District Approving Benefit Adjustments for At-Will
Executive Management Team Employees Commencing on Fiscal Year 2024-2025”.
AYES:Ryan Gallagher, Jon Dumitru, Pat Burns, Christine Marick, Chad
Wanke and John Withers
NOES:None
ABSENT:Glenn Grandis
ABSTENTIONS:None
INFORMATION ITEMS:
None.
DEPARTMENT HEAD REPORTS:
None.
CLOSED SESSION:
CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS
54956.9(d)(1), 54957(b)(1), & 54957.6.
The Committee convened in closed session at 5:02 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)
2024-3704
CONVENED IN CLOSED SESSION:
Page 3 of 5
STEERING COMMITTEE Minutes July 24, 2024
Number of Cases: 1
Orange County Sanitation District v. Robert M. Jackson, et al., Orange County Superior
Court Case No. 30-2024-01379706-CU-OR-CJC.
CS-2 CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION -
GOVERNMENT CODE SECTION 54956.9(d)(1)
2024-3709
CONVENED IN CLOSED SESSION:
Number of Cases: 1
Jose Salcido, Workers’ Compensation Claim, Workers Compensation Appeals Board,
Case No. ADJ14774129.
CS-3 CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION -
GOVERNMENT CODE SECTION 54956.9(d)(1)
2024-3705
CONVENED IN CLOSED SESSION:
Number of Cases: 1
BKK Working Group, et al. v. Albertsons Companies, Inc., et al., United States District
Court Central District of California, Court Case No. 2:18-CV-05836-MWF(PLAx).
CS-4 PUBLIC EMPLOYEE PERFORMANCE EVALUATION - GOVERNMENT
CODE SECTION 54957(b)(1)
2024-3734
Originator: Laura Maravilla
CONVENED IN CLOSED SESSION:
Public Employee Performance Evaluation
Title: General Manager
CS-5 CONFERENCE WITH LABOR NEGOTIATORS - GOVERNMENT
CODE SECTION 54957.6
2024-3738
Originator: Laura Maravilla
CONVENED IN CLOSED SESSION:
Agency Designated Representatives: Board Chairman Ryan Gallagher & Board
Vice-Chairman Jon Dumitru
Unrepresented Employee: General Manager
RECONVENED IN REGULAR SESSION.
Page 4 of 5
STEERING COMMITTEE Minutes July 24, 2024
The Committee reconvened in regular session at 5:43 p.m.
CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED
SESSION:
General Counsel Scott Smith stated there was no reportable action.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY:
None.
BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING:
None.
ADJOURNMENT:
Chair Gallagher declared the meeting adjourned at 5:44 p.m. to the next Regular Steering
Committee meeting to be held on Wednesday, August 28, 2024 at 5:00 p.m.
Submitted by:
_____________________
Tina Knapp, MMC
Assistant 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 #:2024-3762 Agenda Date:8/28/2024 Agenda Item No:2.
FROM:Robert Thompson, General Manager
Originator: Jennifer Cabral, Director of Communications
SUBJECT:
LEGISLATIVE AFFAIRS UPDATE FOR THE MONTH OF JULY 2024
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
Receive and file the Legislative Affairs Update for the month of July 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 and 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 8/20/2024Page 1 of 2
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File #:2024-3762 Agenda Date:8/28/2024 Agenda Item No:2.
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
Activities in July:
·Save The Date:The State of OC San is scheduled for Friday,October 25 from 11 a.m.to 1
p.m.at the Mile Square Golf Course Clubhouse in Fountain Valley.The in-person event will
host local,state,and federal dignitaries and provide updates on OC San’s accomplishments
and future direction.
Activities in August:
·OC San staff and legislative consultants are currently reviewing the 2024 Legislative and
Regulatory Plan to prepare for the 2025 Plan.This development incorporates feedback from
resident experts,industry contacts,and the Board of Directors gathered over the past several
months. The draft Plan will be presented to the Administration Committee in October.
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
·Federal Matrix
·State Legislative Update
·State Matrix
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1 | P a g e
TO: Rebecca Long
FROM: Eric Sapirstein
DATE: August 6, 2024
SUBJECT: Washington Update
Congress recessed for summer at the end of July, leaving a host of legislative issues
to be considered when it returns in September. Before leaving, the House and
Senate moved most fiscal year 2025 spending bills through their respective
spending committees. The House passed a handful of spending bills, while the
Senate failed to debate any of the pending bills. Outside of spending measures,
action on the Water Resources Development Act occurred. Per- and polyfluoroalkyl
substances (PFAS) liability legislation remained a pending matter before the House
and Senate committees with jurisdiction over hazardous waste site clean-ups.
The following summarizes the status of federal policy matters of interest to OC San.
• Water Resources Development Act of 2024
House and Senate efforts to reauthorize the Water Resources Development Act
of 2024 (WRDA), H.R. 8812 and S. 4367, to renew the U.S. Army Corps of
Engineer’s (USACE) programs/projects took an important step when, on July 22
and July 25 the House and Senate respectively passed their version. H.R. 8812,
which passed 318-19 and S. 4367, which passed unanimously. This means that
WRDA is now poised for final passage later this fall once a House-Senate
Conference Committee drafts a compromise bill. Both bills are limited in scope
with a focus on authorizing USACE approved Chief’s Reports, a series of
Environmental Infrastructure projects, which include ecosystem restoration
projects. Also, both bills would elevate water supply as a core USACE mission
alongside navigation and flood protection. The House would make such
elevation permanent. Conversely, the Senate would make water supply a
priority only during times of drought.
2 | P a g e
Importance to OC San
WRDA would not directly impact OC San. However, the provisions that focus on
drought resilience, if enacted, would help to make Orange County’s water supply
more robust with the ability to enhance water conservation at Prado Dam. A
second indirect benefit for OC San are provisions to enhance forecasts of
atmospheric rivers through the Forecast Informed Reservoir Operation (FIRO)
program that relies upon advance meteorological capabilities. FIRO would
improve water conservation and also provide a tool to better understand
stormwater impacts that can result in surge events.
• PFAS Rulemakings and Liability Protection
Federal PFAS policymaking continues to command congressional and
stakeholder attention. Within the policymaking arena, Congress is using the
annual appropriations process to address concerns from the water sector. The
House Committee on Appropriations approved the U.S. Environmental
Protection Agency (USEPA) Fiscal Year 2025 spending bill (H.R. 8998) and
included PFAS related policy riders. First, the committee reaffirmed its Fiscal
Year 2025 spending bill directives to the Government Accountability Office
(GAO). The GAO was mandated to conduct a study into the economics
underlying USEPA’s decision to establish a drinking water standard (MCL) of
four part per trillion. In the House Fiscal Year 2025 spending bill, the committee
expanded the mandate, requiring GAO the USEPA to identify the number of
drinking water agencies impacted by the rule and the costs of compliance. The
House spending bill also requires that, within 90 days of enactment, the USEPA
will provide a report to Congress on its progress for implementation of the PFAS
Comprehensive Environmental Response, Compensation, and Liability
Act (CERCLA) municipal discretionary enforcement policy. The USEPA asserts
this policy will avoid enforcing against wastewater and drinking water agencies
when CERCLA liability might be triggered at a clean-up site.
Aside from these liability and compliance issues, the spending bill provides
USEPA with directives to maintain research into PFAS environmental and health
impacts. and to support water agencies with technical assistance to comply with
the MCL. Notably, the spending bill does not contain policy riders that would
adversely impact land application of biosolids or new mandates on landfills that
accept treatment residuals. The Department of Agriculture spending bill does
include language directing the Department to continue to research impacts from
PFAS on soils and to use existing resources to assist dairy farmers that are
unable to sell milk due to PFAS impacts in the delivery of milk supplies.
The legislative effort to develop a water sector PFAS CERCLA liability exemption
continues in the Senate Committee on Environment and Public Works. As
reported previously, committee leadership is committed to develop a consensus
approach before consideration of PFAS legislation. Consensus exists within the
committee to support increased funding for health research and technology
development to treat or destroy PFAS.
3 | P a g e
The challenge continues to be defining a passive receiver to qualify for a CERCLA
liability exemption and how to create “guardrails” to protect against abuses that
could occur under any liability exemption that might be drafted. According to
committee staff, action on a bill is unlikely before the Lame Duck Session. In the
House, H.R. 7944, a bill that would provide for an explicit water sector
exemption from liability remains as a marker to rely upon should the Senate
pass a bill and send it to the House. H.R. 7944 is important because, if enacted, it
would provide protections to wastewater agencies and their contractors that
provide biosolids management services.
From a legal perspective, the American Water Works Association and
Association of Metropolitan Water Agencies have filed a challenge to USEPA’s
MCL standard. The litigation questions the agency’s calculations of the costs of
the mandate to justify its publication. The Chamber of Commerce filed a legal
challenge to the PFAS hazardous substance designation that has created the
potential CERCLA liability for the water sector. Both challenges could result in a
judicial decision and force USEPA to revise the rulemakings or toss the rules
completely.
Impact to OC San
The decision to include directives to USEPA to provide Congress with data on the
impact of the two rulemakings could provide important information that might
influence the ongoing legal challenges filed against the MCL and the designation
of PFAS as a hazardous substance. The bipartisan effort to address PFAS
hazardous substance liability, while unlikely to be acted upon before late fall,
continues to gain support from House and Senate members. They believe the
matter should be addressed. OC San’s priority to ensure that the wastewater
sector receives CERCLA liability protections remains an active issue for
Congress.
• Fiscal Year 2025 Appropriations
The House leadership pledged to move all twelve Fiscal Year 2025 spending bills
to the Senate before the August recess. It reached an important milestone when
the Committee on Appropriations approved the twelve spending measures.
Most of the bills were approved on party line votes, including USEPA’s spending
bill (H.R. 8998) that passed the House and is pending in the Senate. A final
spending agreement before the November election is unlikely since the Senate
will not pass its bills, including its version of H.R. 8998, S. 4802. A stopgap
spending bill extending into December and perhaps into 2025 should be passed
in September to avoid a government shutdown on October 1.
The House-passed USEPA spending bill is notable for the significant budget cuts
totaling $2 billion compared with current year spending level. Specifically, the
House reduced the State Revolving Loan Fund (SRF) by almost $1 billion. While
this is a significant reduction, it is important to note that the next phase of the
infrastructure law’s supplemental SRF funding of $9 billion will help to offset the
cuts. The House bill also includes the PFAS directives noted previously in this
update.
4 | P a g e
The bill also claws back millions in the USEPA green infrastructure fund,
eliminates funding for environmental justice programs, and denies funding of
Diversity, equity, and inclusion, environmental programs.
H.R. 8998 also includes clarifying language that Community Project assistance
would not be subject to federal procurement rules related to sole source project
selection.
Unlike the House bill, the Senate bill, S. 4802, does not impose spending
reductions. Instead, most programs remain funded at current levels. The SRF,
for example, would be funded at almost $3 billion. The Senate legislation
highlights that $9 billion was advanced as part of the infrastructure law. The
Senate bill highlights support for USEPA’s effort to develop effluent limit
guidelines and biosolids regulations, emphasizing the importance of allocating
resources to employ adequate staff for these efforts.
Importance of Spending Bills to OC San
The pending financial priorities for Fiscal Year 2025 are important to OC San for
three reasons. First, the federal infrastructure partnership with wastewater
agencies will remain robust. Second, the continuing education on the challenge
of PFAS treatment and destruction has apparently put a pause on using the
appropriations process to dictate treatment and clean-up mandates. Instead, it
appears, based upon the House and Senate bills, that a focus on collecting data to
justify future mandates and standards has gained support. This suggests that
Congress is prepared to wait for the USEPA to develop standards that it can
review. The House bill mandates to report on PFAS drinking water mandates’
costs and the implementation of USEPA’s statements that it would not seek to
impose liability on wastewater agencies. This indicates a potential for increased
oversight on the impacts, costs and benefits of USEPA’s rules and policies upon
the water sector. The spending bills’ focus, if enacted, would likely assist in the
effort to secure a passive receivers PFAS liability exemption. Third, the directive
waiving sole source prohibitions on congressionally directed spending, if
enacted, would clarify that projects, like OC San’s, would not be subject to
competitive solicitations.
1 of 8
Federal Legislative Report - July 2024
Steering Committee Bills 17 Bills
US HR 8467
Title: Farm, Food, and National Security Act of 2024
Current Status: Introduced
Introduction Date: May 21, 2024
Last Action Date: Referred to the House Committee on Agriculture.. May 21, 2024
Summary: H.R 8467 would establish grant funding to support research into the agriculture
impacts of PFAS and microplastics, with the purpose to better understand the role and
influence land-applied biosolids and wastewater treatment processes play. Eligible activities
include analyzing crop uptake of PFAS and techniques, such as wastewater treatment and
composting, to filter out or biodegrade such substances from biosolids intended to be used
for agriculture purposes. H.R. 8467 does not establish mandates for these activities.
Location: United States
US HR 8032 High Priority Monitor
Title: Low-Income Household Water Assistance Program Establishment Act
Current Status: Introduced
Introduction Date: April 16, 2024
Last Action Date: Referred to the Subcommittee on Environment, Manufacturing, and Critical
Materials.. April 19, 2024
Summary: H.R. 8032 is the companion bill to S. 3830 that would create a permanent low
income ratepayer assistance for water and wastewater services.
Location: United States
US HR 7944 Monitor
Title: Water Systems PFAS Liability Protection Act
Current Status: Introduced
Introduction Date: April 11, 2024
2 of 8
Last Action Date: Referred to the Subcommittee on Environment, Manufacturing, and Critical
Materials.. April 12, 2024
Summary: H.R. 7944 is a companion bill to S. 1430 sponsored by Senator Cynthia Lummis
(R-WY). H.R. 7944 would protect water and wastewater agencies and related contractors
from liability under CERCLA unless the threat stemmed from gross negligence.
Location: United States
US HR 2964 High Priority Monitor
Title: WIPPES Act
Current Status: Introduced
Introduction Date: April 27, 2023
Last Action Date: Placed on the Union Calendar, Calendar No. 371.. April 05, 2024
Summary: Directs the Federal Trade Commission, in consultation with the Environmental
Protection Agency, Commissioner of Food and Drugs, and the Consumer Product Safety
Commission (as appropriate depending on the type of covered product involved) to issue “Do
Not Flush” labeling requirements for nonflushable wipes, including baby wipes, household
wipes, disinfecting wipes and personal care wipes. The requirements mirror California's
labeling law and has the support from the wipes industry, national clean water sector, civil
engineers, and environment advocates. Companion Senate bill: S. 1350.
Location: United States
US HR 7023
Title: Creating Confidence in Clean Water Permitting Act
Current Status: Considering
Introduction Date: January 17, 2024
Last Action Date: Received in the Senate and Read twice and referred to the Committee on
Environment and Public Works.. March 22, 2024
Summary: H.R. 7023 was amended on the House floor to provide for ten year NPDES permit
terms for public agencies. The amendment offered by Rep. John Garamendi (D-CA) was
adopted without debate unanimously.
Description: Creating Confidence in Clean Water Permitting Act This bill modifies
requirements under the Clean Water Act, including requirements concerning water quality
criteria, the National Pollutant Discharge Elimination System (NPDES) program, the permit
program for discharging dredged or fill material into waters of the United States, and the
meaning of waters of the United States. It also limits the issuance of permits under the act.
First, the bill directs the Environmental Protection Agency (EPA) to develop any new or
revised water quality criteria for states through a rule. Next, the bill modifies the NPDES
program, including by providing statutory authority for provisions that shield NPDES permit
holders from liability under certain circumstances. It also provides statutory authority for
3 of 8
the EPA to issue general permits under the program. The EPA must also provide written
notification two years before the expiration of a general permit. If notice is not provided by
that deadline, then di....
Location: United States
US S 3830
Title: Low-Income Household Water Assistance Program Establishment Act
Current Status: Introduced
Introduction Date: February 28, 2024
Last Action Date: Read twice and referred to the Committee on Health, Education, Labor, and
Pensions. (Sponsor introductory remarks on measure: CR S1045-1046). February 28, 2024
Location: United States
US HR 7194 High Priority Monitor
Title: PFAS Accountability Act of 2024
Current Status: Introduced
Introduction Date: February 01, 2024
Last Action Date: Referred to the Subcommittee on Environment, Manufacturing, and Critical
Materials.. February 02, 2024
Summary: H.R. 7194 would create a cause of action under the Toxics Substances Control Act
to allow a citizen or class of citizens to litigate against a manufacturer of PFAS that
improperly discharged PFAS into the environment and created a public health impact.
Companion legislation in the Senate: S. 3725. Sponsor: Rep. Madeline Dean (D-NH)
Location: United States
US HR 6805 High Priority Monitor
Title: PFAS Action Act of 2023
Current Status: Introduced
Introduction Date: December 14, 2023
Last Action Date: Referred to the Subcommittee on Water Resources and Environment..
January 02, 2024
Summary: PFAS Action Act of 2023 is a reintroduction of the 2021 legislation. It would
impose a statutory designation of PFAS as a hazardous substance under CERCLA. It would
also impose other mandates including time specific drinking water standards for PFOA and
PFOS and other members of the PFAS chemical family. It currently enjoys 21 sponsors, all
Democratic. Sponsor: Rep. Debbie Dingell D-MI
4 of 8
Location: United States
US S 2162 High Priority Monitor
Title: STREAM Act
Current Status: Introduced
Introduction Date: June 22, 2023
Last Action Date: Committee on Energy and Natural Resources Subcommittee on Water and
Power. Hearings held.. July 19, 2023
Summary: S. 2162 renews expiring provisions of the WIIN Act. It would increase funding
authorizations for surface and groundwater storage projects, water recycling, desalination,
and ecosystem restoration projects. Among the changes that would be authorized would be
priorities for water supply projects that include enhanced public benefits (fisheries, wildlife
and disadvantage communities drinking water reliability). It would also provide for enhanced
water transfers to support temporary fallowing of agriculture lands to support wildlife
habitats. (BILL PROVISIONS LIKELY TO INCORPORATED INTO LARGER WESTERN WATER
LEGISLATION) No Sponsor at the writing
Location: United States
US S 1430 High Priority
Title: Water Systems PFAS Liability Protection Act
Current Status: Introduced
Introduction Date: May 03, 2023
Last Action Date: Read twice and referred to the Committee on Environment and Public
Works.. May 03, 2023
Summary: S. 1430 would provide a limited CERCLA liability (section 107) exemption for PFAS
family of chemicals for water and wastewater agencies. S. 1430 would not exempt an agency
from liability in cases of gross negligence.
Description: Water Systems PFAS Liability Protection Act This bill exempts specified water
management entities from liability under the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (CERCLA) for releases of certain perfluoroalkyl or
polyfluoroalkyl substances, commonly referred to as PFAS. Specifically, the entities covered
under the bill are public water systems, publicly or privately owned or operated treatment
works, municipalities with a stormwater discharge permit, political subdivisions or special
districts of a state that act as a wholesale water agency, and contractors performing the
management or disposal activities for such entities. Under the bill, the exemption only
applies if a specified entity transports, treats, disposes of, or arranges for the transport,
treatment or disposal of PFAS consistent with applicable laws and during and following the
conveyance or treatment of water under federal or state law, such as through the
management or disposal of bi....
5 of 8
Location: United States
US S 1350 High Priority Monitor
Title: WIPPES Act
Current Status: Introduced
Introduction Date: April 27, 2023
Last Action Date: Read twice and referred to the Committee on Commerce, Science, and
Transportation.. April 27, 2023
Summary: Directs the Federal Trade Commission, in consultation with the Environmental
Protection Agency, Commissioner of Food and Drugs, and the Consumer Product Safety
Commission (as appropriate depending on the type of covered product involved) to issue “Do
Not Flush” labeling requirements for nonflushable wipes, including baby wipes, household
wipes, disinfecting wipes and personal care wipes. The requirements mirror California's
labeling law and has the support from the wipes industry, national clean water sector, civil
engineers, and environment advocates. Companion House bill: H.R. 2964.
Location: United States
US HR 1729 Low Priority Monitor
Title: Water Affordability, Transparency, Equity, and Reliability Act of 2023
Current Status: Introduced
Introduction Date: March 22, 2023
Last Action Date: Referred to the Subcommittee on Commodity Markets, Digital Assets, and
Rural Development.. April 25, 2023
Summary: Sponsor: Rep. Bonnie Coleman D-NJ Co-Sponsor: Rep. Katie Porter D-CA
Description: Water Affordability, Transparency, Equity, and Reliability Act of 2023 This bill
increases funding for water infrastructure, including funding for several programs related to
controlling water pollution or protecting drinking water. Specifically, it establishes a Water
Affordability, Transparency, Equity, and Reliability Trust Fund. The fund may be used for
specified grant programs. The bill increases the corporate income tax rate to 24.5% to
provide revenues for the fund. In addition, the bill revises requirements concerning the clean
water state revolving fund (SRF) and the drinking water SRF, including by prohibiting states
from providing financial assistance using amounts from the clean water SRF for projects that
will provide substantial direct benefits to new communities other than projects for
constructing an advanced decentralized wastewater system. It also creates or reauthorizes
several grant programs related to water infrastructure, such as grants for removing lead
from dr....
Location: United States
6 of 8
US HR 2162
Title: To provide for a limitation on availability of funds for U.S. Department of Interior, US
Fish and Wildlife Service, Neurotropic Migratory Bird Conservation for fiscal year 2024.
Current Status: Introduced
Introduction Date: March 29, 2023
Last Action Date: Referred to the House Committee on Natural Resources.. March 29, 2023
Description: This bill limits FY2024 funding for the U.S. Fish and Wildlife Service's
Neotropical Migratory Bird Conservation grant program.
Location: United States
US HR 1837
Title: Investing in Our Communities Act
Current Status: Introduced
Introduction Date: March 28, 2023
Last Action Date: Referred to the House Committee on Ways and Means.. March 28, 2023
Summary: Legislation restores tax-exempt advance refunding for municipal bonds to allow
states and local governments to more efficiently invest in projects.
Description: Investing in Our Communities Act This bill reinstates the exclusion from gross
income for interest on certain bonds issued to advance the refunding of a prior bond issue.
The exclusion was repealed for bonds issued after 2017.
Location: United States
US S 938 Low Priority Monitor
Title: Water Affordability, Transparency, Equity, and Reliability Act of 2023
Current Status: Introduced
Introduction Date: March 22, 2023
Last Action Date: Read twice and referred to the Committee on Finance.. March 22, 2023
Summary: S. 938 would establish a $35 billion trust fund to support the construction of
water and wastewater treatment systems. Funding would be derived from an increase in the
corporate tax rate. The bill also imposes requirements for Department of Justice and USEPA
to carryout activities to determine whether water and wastewater operators discriminate in
the provision of services. USEPA must also investigate the impact of rates on service cut-
offs. Additional provisions would address use of assistance to promote regionalization of
systems and limitations on the use of federal assistance to support projects that address
growth. The bill enjoys 500 NGO organizational support. It has five cosponsors. Sponsor:
Sen. Bernie Sanders I-VT
Description: Water Affordability, Transparency, Equity, and Reliability Act of 2023 This bill
increases funding for water infrastructure to control water pollution or protect drinking
7 of 8
water. Specifically, it establishes a Water Affordability, Transparency, Equity, and Reliability
Trust Fund. The fund may be used for specified grant programs. The bill increases the
corporate income tax rate to 24.5% to provide revenues for the fund. In addition, the bill
revises requirements concerning the clean water state revolving fund (SRF) and the drinking
water SRF, including by prohibiting states from providing financial assistance using amounts
from the clean water SRF for projects that will provide substantial direct benefits to new
communities other than projects for constructing an advanced decentralized wastewater
system. It also creates or reauthorizes several grant programs related to water
infrastructure, such as grants for removing lead from drinking water.
Location: United States
US HR 250 Medium Priority Monitor
Title: Clean Water SRF Parity Act
Current Status: Introduced
Introduction Date: January 10, 2023
Last Action Date: Referred to the Subcommittee on Water Resources and Environment..
February 01, 2023
Summary: Amends eligibility provisions for the Federal Water Pollution Control Act’s Clean
Water State Revolving Fund so that all wastewater customers have the ability to benefit
from the program’s low-interest loans. Supported by NAWCA Also introduce in 117th
Congress - No Action
Description: Clean Water SRF Parity Act This bill expands the state revolving fund
established under the Clean Water Act, including by allowing low-interest loans to be given
to privately owned treatment works to address wastewater. Currently, loans are given to
wastewater systems that are publicly owned.
Location: United States
US S 115 Monitor
Title: Clean Water Allotment Modernization Act of 2023
Current Status: Introduced
Introduction Date: January 26, 2023
Last Action Date: Read twice and referred to the Committee on Environment and Public
Works.. January 26, 2023
Summary: Provides for a set aside from Clean Water SRF appropriations to conduct Buy
America oversight compliance, establishes that each state's allotment must be at the same
level as FY 23 during FY 24-28 and additional allotments based on percent of state
population to the nation. FY 29 and beyond allotments to be determined by new formula
based upon Clean Water Needs Survey.
8 of 8
Description: Clean Water Allotment Modernization Act of 2023 This bill revises the formula
the Environmental Protection Agency (EPA) uses to determine how to distribute funds from
the Clean Water State Revolving Fund (SRF) program. Under the program, the EPA allocates
funding to states for water quality infrastructure projects, such as wastewater systems and
stormwater management projects. In FY2024-FY2028, the EPA must provide an initial
allotment to each state that is equal to the amount the state received in FY2023. The EPA
must also provide an additional allotment to each state that is based on its share of the U.S.
population. In FY2029 and each subsequent fiscal year, the EPA must use an updated
allotment formula, which is based on the needs of states as identified in the most recently
available clean watersheds needs survey. Beginning in FY2024, the formula must also
provide allotments for Indian tribes and territories. In addition, the formula must provide an
allotment for EPA's oversight ....
Location: United States
Page 1
M E M O R A N D U M
To: Orange County Sanitation District
From: Townsend Public Affairs
Date: August 7, 2024
Subject: State Legislative Monthly Report
STATE LEGISLATIVE UPDATES
July 3 marked the beginning of the Legislature’s month-long Summer Recess, with legislators
returning on August 5. Despite the lack of legislative activity during the month of July, it was a
critical time for behind-the-scenes negotiations on bills and funding activities as the Legislature
gears up to tackle the final month of the 2023-2024 Legislative Session. Upon their return on
August 5, lawmakers had over a thousand measures to consider and pass prior to their
adjournment on August 31. Following this legislative session’s adjournment, the Governor will
have until September 30 to sign or veto bills.
In addition to the behind the scenes work this month, July also marked a critical milestone for the
finalization of statewide ballot initiatives California voters will consider at the November 5, 2024
General Election. Prior to its departure for summer recess, the Legislature finalized two final bond
proposals to fund projects related to climate resiliency and school facility improvements. The two
bond measures will appear among eight other ballot initiatives, ranging from local rent control to
serial theft prevention, and tax reforms.
Below is an overview of pertinent state actions from the month of July.
Looking Forward to the Legislature’s Return in August
Upon the legislators return from their Summer Recess on August 5, fiscal committee hearings
and House Floor sessions resumed at an accelerated pace. The upcoming legislative deadline
on August 16 marks the point by which measures must pass out of their respective fiscal
committees (in the opposite house) to proceed to the opposite House Floor for a final vote.
Assembly and Senate Appropriations Committees will be considering legislation that originated in
the opposite house and has an unabsorbable fiscal impact to the state. Typically, any bill with a
fiscal impact exceeding $150,000 is placed on the fiscal committee’s Suspense File. Measures
placed on the suspense file will face consideration during the Appropriation Committees’
“suspense hearing” on August 15. These hearings feature the rapid reading of measures and their
status. Measures that are passed out of the Suspense File are moved to each House Floor for a
final vote.
Page 2
From August 19 through August 31, each House Floor will conduct floor sessions only, during
which measures must pass off the Floor, in order to advance to the Governor's desk for a
signature or veto. Measures must pass out of each House Floor by the August 31 deadline, which
will begin the Legislature’s Final Recess upon adjournment.
OC San
State
Bills of Interest
BILL AUTHOR SUMMARY LATEST ACTION OC SAN
POSITION LEGISLATIVE PLAN OTHER
POSITIONS
AB 347 Ting [D]Current law prohibits juvenile products, textile articles, and food packaging
that contain specified levels of perfluoroalkyl and polyfluoroalkyl
substances (PFAS) from being distributed, sold, or offered for sale in the
state, as provided. This bill would require the Department of Toxic
Substances Control, on or before January 1, 2026, to adopt regulations for
the enforcement of those prohibitions on the use of PFAS. The bill would
require manufacturers of these products, on or before July 1, 2026, to
register with the department, to pay a registration fee to the department,
and to provide a statement of compliance certifying compliance with the
applicable prohibitions on the use of PFAS to the department, as specified.
The bill would authorize the department to test products and to rely on third-
party testing to determine compliance with prohibitions on the use of
PFAS, as specified. The bill would authorize or require, as specified, the
department to issue a notice of violation for a product in violation of the
prohibitions on the use of PFAS, as provided.
Currently in the Senate
Appropriations
Committee
Watch State Priorities: Monitor
state legislation as well as
State Water Resources
Control Board (SWRCB)
regulatory activity related to
PFAS.
ACC-OC - NYC
LOCC - NYC
CASA - NYC
CSDA - NYC
ACWA - NYC
AB 805 Arambula [D]Authorizes the State Water Resources Control Board (State Water Board)
to require a sewer service provider—for a sewer system that has the
reasonable potential to cause a violation of water quality objectives; impair
present or future beneficial uses of water; or cause pollution, nuisance, or
contamination of waters of the state—to contract with an administrator
designated or approved by the State Water Board.
Currently on the Senate
Appropriations
Committee's Suspense
File
Watch Legislative and Regulatory
Policies: Special Districts -
Oppose further state
regulations that adversely
impact special district
financing, operations, and
administration.
ACC-OC - NYC
LOCC - Watch
CASA - Work With
Author
CSDA - Oppose
Unless Amended
ACWA - Not Favor
AB 1567 E. Garcia [D]Would enact the Safe Drinking Water, Wildfire Prevention, Drought
Preparation, Flood Protection, Extreme Heat Mitigation, Clean Energy, and
Workforce Development Bond Act of 2024, which, if approved by the
voters, would authorize the issuance of bonds in the amount of
$15,995,000,000 pursuant to the State General Obligation Bond Law to
finance projects for safe drinking water, wildfire prevention, drought
preparation, flood protection, extreme heat mitigation, clean energy, and
workforce development programs.
Referred to the Senate
Natural Resources and
Water Committee and
the Senate Governance
and Finance Committee.
Not going to be the
vehicle for the climate
bond
Watch Guiding Priorities: Obtain
financial assistance for OC
San projects through grants,
loans, and legislative
directed funding.
ACC-OC - NYC
LOCC - Support if
Amended
CASA - Support if
Amended
CSDA -Support if
Amended
ACWA - Support if
Amended
Proposed Legislation 2024
High Priority
OC San
State
Bills of Interest
BILL AUTHOR SUMMARY LATEST ACTION OC SAN
POSITION LEGISLATIVE PLAN OTHER
POSITIONS
AB 1820 Schiavo [D]Current law requires a city or county to deem an applicant for a housing
development project to have submitted a preliminary application upon
providing specified information about the proposed project to the city or
county from which approval for the project is being sought. Current law
requires a housing development project be subject only to the ordinances,
policies, and standards adopted and in effect when the preliminary
application was submitted. This bill would authorize a development
proponent that submits a preliminary application for a housing
development project to request a preliminary fee and exaction estimate, as
defined, and would require the local agency to provide the estimate within
30 business days of the submission of the preliminary application. For
development fees imposed by an agency other than a city or county, the
bill would require the development proponent to request the fee schedule
from the agency that imposes the fee.
Currently on the Senate
Floor
Watch Legislative and Regulatory
Policies: Special Districts -
Oppose further state
regulations that adversely
impact special district
financing, operations, and
administration.
ACC-OC - NYC
LOCC - Oppose
Unless Amended
CASA - Neutral as
Amended
CSDA - Oppose
ACWA - Watch
AB 2257 Wilson [D]The California Constitution specifies various requirements with respect to
the levying of assessments and property-related fees and charges by a
local agency, including notice, hearing, and protest procedures, depending
on the character of the assessment, fee, or charge. Current law, known as
the Proposition 218 Omnibus Implementation Act, prescribes specific
procedures and parameters for local jurisdictions to comply with these
requirements. This bill would prohibit, if a local agency complies with
specified procedures, a person or entity from bringing a judicial action or
proceeding alleging noncompliance with the constitutional provisions for
any new, increased, or extended fee or assessment, as defined, unless
that person or entity has timely submitted to the local agency a written
objection to that fee or assessment that specifies the grounds for alleging
noncompliance, as specified. This bill would provide that local agency
responses to the timely submitted written objections shall go to the weight
of the evidence supporting the agency’s compliance with the substantive
limitations on fees and assessments imposed by the constitutional
provisions.
Currently on the Senate
Floor
Watch Legislative and Regulatory
Policies: Special Districts -
Oppose further state
regulations that adversely
impact special district
financing, operations, and
administration.
ACC-OC - NYC
LOCC - Neutral
CASA - Support
CSDA - Support
ACWA - Sponsor
OC San
State
Bills of Interest
BILL AUTHOR SUMMARY LATEST ACTION OC SAN
POSITION LEGISLATIVE PLAN OTHER
POSITIONS
AB 2515 Papan [D]This bill would similarly prohibit any person from manufacturing,
distributing, selling, or offering for sale in the state any menstrual products
that contain regulated PFAS, as defined. The bill would authorize the
Department of Toxic Substances Control to adopt guidance or regulations,
as specified, for the purposes of implementing and enforcing these
provisions. The bill would require the department to issue guidance related
to testing for regulated PFAS in menstrual products and would exempt that
guidance from the Administrative Procedure Act. The bill would authorize
the department to issue a cease and desist order to a manufacturer of a
menstrual product under specified circumstances. The bill would make a
violation of these provisions punishable by civil penalties, as specified, and
would authorize the Attorney General by request of the department, a city
attorney, a county counsel, or a city prosecutor to bring an action to
enforce these provisions. The bill would create, and would require all
moneys collected from penalties to be deposited in, the T.A.M.P.O.N. Act
Fund.
Currently in the Senate
Appropriations
Committee
Support State Priorities: Monitor
state legislation as well as
State Water Resources
Control Board (SWRCB)
regulatory activity related to
PFAS.
ACC-OC - NYC
LOCC - Watch
CASA - Support
CSDA - Watch
ACWA - NYC
AB 2533 Carrillo [D]This bill would prohibit a local agency from denying a permit for an
unpermitted accessory dwelling unit or junior accessory dwelling unit that
was constructed before January 1, 2020, for certain violations, unless the
local agency makes a finding that correcting the violation is necessary to
comply with conditions that would otherwise deem a building substandard.
The bill would require a local agency to inform the public about the
provisions prohibiting denial of a permit for an unpermitted accessory
dwelling unit or junior accessory dwelling unit. The bill would require this
information to include a checklist of the conditions that deem a building
substandard and to inform homeowners that, before submitting a permit
application, the homeowner may obtain a confidential third-party code
inspection from a licensed contractor. The bill would prohibit a local agency
from requiring a homeowner to pay impact fees or connection or capacity
charges except under specified circumstances.
Currently on the Senate
Floor
Watch Legislative and Regulatory
Policies: Special Districts -
Oppose further state
regulations that adversely
impact special district
financing, operations, and
administration.
ACC-OC - NYC
LOCC - Watch
CASA - Watch
CSDA - Oppose
Unless Amended
ACWA - NYC
OC San
State
Bills of Interest
BILL AUTHOR SUMMARY LATEST ACTION OC SAN
POSITION LEGISLATIVE PLAN OTHER
POSITIONS
AB 2557 Ortega [D]Existing law relating to the government of counties authorizes a county
board of supervisors to contract for certain types of special services on
behalf of the county, any county officer or department, or any district or
court in the county. Existing law requires those special services contracts
to be with persons who are specially trained, experienced, expert, and
competent to perform those services. This bill would require each person
who enters into a specified contract for special services with the board of
supervisors to submit semiannual performance reports, as prescribed,
every 180 days, to the board of supervisors and the exclusive
representative of the employee organization. The bill would require the
board or its representative to monitor semiannual performance reports to
evaluate the quality of services. The bill would require contract terms
exceeding 2 years to undergo a performance audit, as prescribed, by an
independent auditor approved by the board to determine whether the
performance standards are being met.
Currently in the Senate
Appropriations
Committee
Watch Legislative and Regulatory
Policies: Labor
Relations/Human
Resources: Oppose efforts
reducing local control over
public employee disputes
and imposing regulations on
an outside agency.
ACC-OC - NYC
LOCC - Oppose
CASA - Oppose
CSDA - Oppose
ACWA - Not Favor
AB 2626 Dixon [R]This bill would extend the compliance dates for local government set forth
in the Advanced Clean Fleets Regulation by 10 years. The bill would
prohibit the state board from taking enforcement action against a local
government for violating the Advanced Clean Fleets Regulation if the
alleged violation occurs before January 1, 2025.
Dead Watch Legislative and Regulatory
Policies: Special Districts -
Oppose further state
regulations that adversely
impact special district
financing, operations, and
administration.
ACC-OC - NYC
LOCC - NYC
CASA - NYC
CSDA - Support
ACWA - NYC
AB 2761 Hart [D]This bill would enact the Reducing Toxics in Packaging Act, which would
prohibit, beginning January 1, 2026, a person from manufacturing, selling,
offering for sale, or distributing in the state plastic packaging that contains
certain chemicals, as specified. The bill would exclude from that prohibition
packaging used for certain medical, drug, and federally regulated products.
The bill would authorize the imposition of a civil penalty for a violation of
that prohibition, as specified.
Dead Watch State Priorities: Support
legislation or regulations that
restrict the use of
microplastics and chemicals
of emerging concern in any
product that is disposed of
through the sewer system.
ACC-OC - NYC
LOCC - Watch
CASA - Watch
CSDA - Watch
ACWA - NYC
AB 2894 Gallagher [D]Spot Bill related to Indoor Residential Water Use Dead Watch Legislative and Regulatory
Policies: Special Districts -
Oppose further state
regulations that adversely
impact special district
financing, operations, and
administration.
ACC-OC - NYC
LOCC - NYC
CASA - NYC
CSDA - Watch
ACWA - NYC
OC San
State
Bills of Interest
BILL AUTHOR SUMMARY LATEST ACTION OC SAN
POSITION LEGISLATIVE PLAN OTHER
POSITIONS
AB 3073 Haney [D]Would require the State Department of Public Health, in consultation with
participating wastewater treatment facilities, local public health agencies,
and other subject matter experts, to create a pilot program to test for high-
risk substances and related treatment medications in wastewater. Under
the bill, the goal of the program would be to determine how wastewater
data can be used by state and local public health programs to address
substance abuse in California. The bill would require the department to
develop a list of target substances to be analyzed during the program that
may include cocaine, fentanyl, methamphetamine, xylazine, methadone,
buprenorphine, and naloxone. The bill would require the department, on or
before July 1, 2025, to solicit voluntary participation from local public health
agencies and wastewater treatment facilities, as specified. The bill would
require the department to work with the participating agencies and facilities
to collect samples and to arrange for those samples to be tested by
qualified laboratories. The bill would require the department, in consultation
with public health agencies and subject matter experts, to analyze test
results to determine possible public health interventions.
Dead Watch Legislative and Regulatory
Policies: Special Districts -
Oppose further state
regulations that adversely
impact special district
financing, operations, and
administration.
ACC-OC - NYC
LOCC - NYC
CASA - Support, if
amended
CSDA - Oppose
Unless Amended
ACWA - Watch
ACA 2 Alanis [R]Would establish the Water and Wildfire Resiliency Fund within the State
Treasury and would require the Treasurer to annually transfer an amount
equal to 3 percent of all state revenues that may be appropriated as
described from the General Fund to the Water and Wildfire Resiliency
Fund. The measure would require the moneys in the fund to be
appropriated by the Legislature and would require that 50 percent of the
moneys in the fund be used for water projects, as specified, and that the
other 50 percent of the moneys in the fund be used for forest maintenance
and health projects, as specified.
Referred to the Assembly
Water, Parks, and
Wildlifre Committee and
the Assembly Natural
Resources Committee
Watch Guiding Priorities: Obtain
financial assistance for OC
San projects through grants,
loans, and legislative
directed funding.
ACC-OC - NYC
LOCC - NYC
CASA - NYC
CSDA - Watch
ACWA - NYC
SB 867 Allen [D]Would enact the Drought, Flood, and Water Resilience, Wildfire and Forest
Resilience, Coastal Resilience, Extreme Heat Mitigation, Biodiversity and
Nature-Based Climate Solutions, Climate Smart Agriculture, Park Creation
and Outdoor Access, and Clean Energy Bond Act of 2024, which, if
approved by the voters, would authorize the issuance of bonds in the
amount of $15,500,000,000 pursuant to the State General Obligation Bond
Law to finance projects for drought, flood, and water resilience, wildfire and
forest resilience, coastal resilience, extreme heat mitigation, biodiversity
and nature-based climate solutions, climate smart agriculture, park
creation and outdoor access, and clean energy programs.
Passed. On the
November 2024 Ballot
Watch Guiding Priorities: Obtain
financial assistance for OC
San projects through grants,
loans, and legislative
directed funding.
ACC-OC - NYC
LOCC - Support if
Amended
CASA - Support if
Amended
CSDA - Support if
Amended
ACWA - Support if
Amended
OC San
State
Bills of Interest
BILL AUTHOR SUMMARY LATEST ACTION OC SAN
POSITION LEGISLATIVE PLAN OTHER
POSITIONS
SB 903 Skinner [D]This bill would, beginning January 1, 2030, prohibit a person from
distributing, selling, or offering for sale a product that contains intentionally
added PFAS, as defined, unless the Department of Toxic Substances
Control has made a determination that the use of PFAS in the product is a
currently unavoidable use, the prohibition is preempted by federal law, or
the product is used. The bill would specify the criteria and procedures for
determining whether the use of PFAS in a product is a currently
unavoidable use, for renewing that determination, and for revoking that
determination. The bill would require the department to maintain on its
internet website a list of each determination of currently unavoidable use,
when each determination expires, and the products and uses that are
exempt from the prohibition. The bill would impose a civil penalty for a
violation of the prohibition, as specified.
Dead Support State Priorities: Monitor
state legislation as well as
State Water Resources
Control Board (SWRCB)
regulatory activity related to
PFAS.
ACC-OC - NYC
LOCC - Support
CASA - Sponsor
CSDA - Watch
ACWA - Favor
SB 937 Wiener [D]The Permit Streamlining Act, among other things, requires a public agency
that is the lead agency for a development project to approve or disapprove
that project within specified time periods. Current law extended by 18
months the period for the expiration, effectuation, or utilization of a housing
entitlement, as defined, that was issued before, and was in effect on,
March 4, 2020, and that would expire before December 31, 2021, except
as specified. Current law provides that if the state or a local agency
extended the otherwise applicable time for the expiration, effectuation, or
utilization of a housing entitlement for not less than 18 months, as
specified, that housing entitlement would not be extended an additional 18
months pursuant to these provisions. This bill would extend by 24 months
the period for the expiration, effectuation, or utilization of a housing
entitlement, entitlement for a priority residential development project, as
those terms are defined, that was issued before January 1, 2024, and that
will expire before December 31, 2025, except as specified. The bill would
toll this 24-month extension during any time that the housing entitlement is
the subject of a legal challenge. By adding to the duties of local officials
with respect to housing entitlements, this bill would impose a state-
mandated local program. The bill would include findings that changes
proposed by this bill address a matter of statewide concern rather than a
municipal affair and, therefore, apply to all cities, including charter cities.
Currently in the
Assembly Appropriations
Committee
Watch Legislative and Regulatory
Policies: Special Districts -
Oppose further state
regulations that adversely
impact special district
financing, operations, and
administration.
ACC-OC - NYC
LOCC - Oppose
Unless Amended
CASA - Oppose
Unless Amended
CSDA - Oppose
Unless Amended
ACWA - Watch
OC San
State
Bills of Interest
BILL AUTHOR SUMMARY LATEST ACTION OC SAN
POSITION LEGISLATIVE PLAN OTHER
POSITIONS
SB 972 Min [D]Current law requires the Department of Resources Recycling and
Recovery, in consultation with the State Air Resources Board, to adopt
regulations, as provided, that achieve the targets for reducing organic
waste in landfills. This bill would require the department to provide
procedures for local jurisdictions to request technical assistance regarding
organic waste and methane reduction requirements from the department,
to post those procedures on its internet website, and to provide that
technical assistance, as specified. The bill would require the department to
report to the Legislature, on or before January 1, 2028, on, among other
things relating to organic waste and methane reduction, the status of the
technical assistance provided to local jurisdictions and, on or before
January 1, 2031, on the state’s ability to meet the targets for reducing the
disposal of organic waste in landfills and any recommendations to modify
the program to achieve those goals.
Currently in the
Assembly Appropriations
Committee
Watch Legislative and Regulatory
Policies: Special Districts -
Oppose further state
regulations that adversely
impact special district
financing, operations, and
administration.
ACC-OC - NYC
LOCC - Sponsor
CASA - Support
CSDA - Watch
ACWA - NYC
SB 1034 Seyarto [R]This bill would revise the unusual circumstances under which the time limit
may be extended to include the need to search for, collect, appropriately
examine, and copy records during a state of emergency proclaimed by the
Governor when the state of emergency has affected the agency’s ability to
timely respond to requests due to decreased staffing or closure of the
agency’s facilities.
Signed into law Support Legislative and Regulatory
Policies: Special Districts -
Oppose further state
regulations that adversely
impact special district
financing, operations, and
administration.
ACC-OC - NYC
LOCC - Support
CASA - Watch
CSDA - Support
ACWA - Favor
SB 1072 Padilla [D]The California Constitution sets forth various requirements for the
imposition of local taxes. The California Constitution excludes from
classification as a tax assessments and property-related fees imposed in
accordance with provisions of the California Constitution that establish
requirements for those assessments and property-related fees. Under
these requirements, an assessment is prohibited from being imposed on
any parcel if it exceeds the reasonable cost of the proportional special
benefit conferred on that parcel, and a fee or charge imposed on any
parcel or person as an incident of property ownership is prohibited from
exceeding the proportional cost of the service attributable to the parcel.
Current law, known as the Proposition 218 Omnibus Implementation Act,
prescribes specific procedures and parameters for local compliance with
the requirements of the California Constitution for assessments and
property-related fees. This bill would require a local agency, if a court
determines that a fee or charge for a property-related service, as specified,
violates the above-described provisions of the California Constitution
relating to fees and charges, to credit the amount of the fee or charge
attributable to the violation against the amount of the revenues required to
provide the property-related service, unless a refund is explicitly provided
for by statute.
Currently on the
Assembly Floor
Support Legislative and Regulatory
Policies: Special Districts -
Oppose further state
regulations that adversely
impact special district
financing, operations, and
administration.
ACC-OC - NYC
LOCC - Watch
CASA - Support
CSDA - Support
ACWA - Favor
OC San
State
Bills of Interest
BILL AUTHOR SUMMARY LATEST ACTION OC SAN
POSITION LEGISLATIVE PLAN OTHER
POSITIONS
SB 1147 Portantino [D]The Sherman Food, Drug, and Cosmetic Law regulates, among other
things, the manufacture, production, processing, and packing of any food,
drug, device, or cosmetic, and is administered by the State Department of
Public Health. The law prescribes various quality and labeling standards for
bottled water and vended water, and limits the levels of certain
contaminants that may be contained in those water products. Current law
makes a violation of the law or regulation adopted pursuant to the law a
crime. Current law requires, as a condition of licensure, a water-bottling
plant, as defined, to annually prepare a water-bottling plant report, as
specified, and to make the report available to each customer, upon
request. This bill would require, upon adoption by the State Water
Resources Control Board of a primary drinking water standard for
microplastics, any water-bottling plant that produces bottled water that is
sold in this state to provide the State Department of Public Health’s Food
and Drug Branch an annual report on the levels of microplastics found in
the source water used for bottling and in the final bottled water product that
is offered for sale, as provided. The bill would require this report to be
included with the annual water-bottling plant report and, upon request, be
made available to each consumer.
Currently in the
Assembly Appropriations
Committee
Watch Legislative and Regulatory
Policies: Source Control -
Support legislation and/or
regulations that restrict the
use of microplastics and
chemicals of emerging
concern in any product that is
disposed of through the
sanitary sewer system.
ACC-OC - NYC
LOCC - NYC
CASA - Oppose
Unless Amended
CSDA - Oppose
Unless Amended
ACWA - Watch
SB 1210 Skinner [D]Current law vests the Public Utilities Commission with regulatory authority
over public utilities, including electrical corporations, gas corporations,
sewer system corporations, and water corporations, while local publicly
owned utilities, including municipal utility districts, public utility districts, and
irrigation districts, are under the direction of their governing boards. This
bill would, for new housing construction, require the above-described
utilities, on or before January 1, 2026, to publicly post on their internet
websites (1) the schedule of estimated fees for typical service connections
for each housing development type, including, but not limited to, accessory
dwelling unit, mixed-use, multifamily, and single-family developments,
except as specified, and (2) the estimated timeframes for completing
typical service connections needed for each housing development type, as
specified. The bill would exempt from its provisions a utility with fewer than
4,000 service connections that does not establish or maintain an internet
website due to a hardship and would authorize the utility to establish that a
hardship exists by annually adopting a resolution that includes detailed
findings, as provided.
Currently in the
Assembly Appropriations
Committee
Oppose Legislative and Regulatory
Policies: Special Districts -
Oppose further state
regulations that adversely
impact special district
financing, operations, and
administration.
ACC-OC - NYC
LOCC - Watch
CASA - Neutral, as
Amended
CSDA - Watch
ACWA - Watch
OC San
State
Bills of Interest
BILL AUTHOR SUMMARY LATEST ACTION OC SAN
POSITION LEGISLATIVE PLAN OTHER
POSITIONS
SB 1266 Limon [D]Current law, part of the hazardous waste control law, requires the
Department of Toxic Substances Control to adopt regulations to establish a
process by which chemicals or chemical ingredients in products may be
identified and prioritized for consideration as being chemicals of concern
and to adopt regulations to establish a process by which chemicals of
concern may be evaluated. Current law prohibits the manufacture, sale, or
distribution in commerce of any bottle or cup that contains bisphenol A, as
specified, if the bottle or cup is designed or intended to be filled with any
liquid, food, or beverage intended primarily for consumption by children 3
years of age or younger. The prohibition above does not apply to a product
subject to a regulatory response by the department as of the date that the
department posts a prescribed notice regarding the department’s adoption
of the regulatory response. Existing law additionally requires manufacturers
to use the least toxic alternative when replacing bisphenol A in containers
and prohibits manufacturers from replacing bisphenol A with chemicals
known to cause cancer or reproductive harm, as specified. This bill would,
on and after January 1, 2026, instead apply the above prohibitions and
requirements to any juvenile’s feeding product or juvenile’s sucking or
teething product, as defined, that contains any form of bisphenol, as
defined, at a detectable level above 0.1 parts per billion. The bill would
authorize the department to establish standards for the juvenile’s products
above that are more protective of public health, sensitive populations, or
the environment than the standards established by the bill.
Currently in the
Assembly Appropriations
Committee
Watch State Priorities: Monitor
state legislation as well as
State Water Resources
Control Board (SWRCB)
regulatory activity related to
PFAS.
ACC-OC - NYC
LOCC - Watch
CASA - Watch
CSDA - NYC
ACWA - NYC
SB 1393 Niello [R]This bill would require the state board to establish the Advanced Clean
Fleets Regulation Appeals Advisory Committee by an unspecified date for
purposes of reviewing appeals of denied requests for exemptions from the
requirements of the Advanced Clean Fleets Regulation. The bill would
require the committee to include representatives of specified state
agencies, other state and local government representatives, and
representatives of private fleet owners, the electric vehicle manufacturing
industry, and electrical corporations, as provided. The bill would require the
committee to meet monthly and would require recordings of its meetings to
be made publicly available on the state board’s internet website. The bill
would require the committee to consider, and make a recommendation on,
an appeal of an exemption request denial no later than 60 days after the
appeal is made.
Dead Watch Legislative and Regulatory
Policies: Special Districts -
Oppose further state
regulations that adversely
impact special district
financing, operations, and
administration.
ACC-OC - NYC
LOCC - Support
CASA - Watch
CSDA - Support
ACWA - Favor
OC San
State
Bills of Interest
BILL AUTHOR SUMMARY LATEST ACTION OC SAN
POSITION LEGISLATIVE PLAN OTHER
POSITIONS
SB 1420 Caballero [D](1)The California Environmental Quality Act (CEQA) requires preparation
of specified documentation before a public agency approves or carries out
certain projects. Existing law authorizes the Governor to certify energy
infrastructure projects meeting specified requirements for streamlining
benefits related to CEQA. Existing law defines “energy infrastructure
project” for these purposes to include eligible renewable energy resources
under the California Renewables Portfolio Standard Program, excluding
resources that use biomass fuels. Existing law expressly excludes from
that definition of “energy infrastructure project” any project using hydrogen
as a fuel.This bill would instead exclude from the definition of “energy
infrastructure project” for purposes of the CEQA streamlining benefits
eligible renewable energy resources under the California Renewables
Portfolio Standard Program that combust, rather than use, biomass fuels.
The bill would include hydrogen production facilities and associated onsite
storage and processing facilities that meet specified conditions, including
that the facilities have received funding from the state or federal
government on or before January 1, 2032, and do not use fossil fuel as a
feedstock or energy source, within the definition of “energy infrastructure
project.” Because the bill would authorize the Governor to certify additional
projects, thereby increasing the duties on lead agencies in conducting the
environmental review of energy infrastructure projects certified by the
Governor, this bill would impose a state-mandated local program.
Currently in the
Assembly Appropriations
Committee.
Watch Legislative and Regulatory
Policies: Public Works:
Support a comprehensive
response to the state’s
electricity and natural gas
shortages that provide a
stable energy supply,
respects the ability of
municipalities to provide
power, recognizes that
infrastructure exists that
could be employed
temporarily during periods
with minimal air quality
impact and protects
ratepayers against dramatic
rate increases and statewide
power outages.
ACC-OC - NYC
LOCC - Oppose
Unless Amended
CASA - Support
CSDA - NYC
ACWA - NYC
Legend:
ACC-OC - Association of California Cities, Orange County
LOCC - League of California Cities
NYC - Not Yet Considered
CASA - California Association of Sanitation Agencies
ACWA - Association of California Water Agencies
CSDA - California Special Districts Association
STEERING COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2024-3767 Agenda Date:8/28/2024 Agenda Item No:3.
FROM:Robert Thompson, General Manager
Originator: Jennifer Cabral, Director of Communications
SUBJECT:
PUBLIC AFFAIRS UPDATE FOR THE MONTH OF JULY 2024
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
Receive and file the Public Affairs Update for the month of July 2024.
BACKGROUND
Included in this report are recent activities of interest managed by the Public Affairs Office for the
month of July 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 may be 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 are aware of the vital services we provide.Many
customers may not realize that improper waste disposal into the sanitation system can adversely
impact our sewer lines,reclamation plants,and the quality of water supplied through 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.
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File #:2024-3767 Agenda Date:8/28/2024 Agenda Item No:3.
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 our 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 2024 - Public Affairs Strategic Plan for Fiscal Years 2024-2026 approved.
ADDITIONAL INFORMATION
Activities in July:
Outreach Report
An outreach report that includes tours,website updates,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: 14 posts reaching 2.k people
·X: 10 posts reaching 726 people
·Instagram: 31 posts reaching 3.7k people
·LinkedIn: 5 posts reaching 13.7k people
Presentations and Outreach Events
This month,staff conducted three tours at Plant No.1 and Headquarters,engaging guests from the
Cal State Long Beach Nursing Program,the public,and new employees.Additionally,staff
presented to the Orange County Realtors Group on waste in Orange County and participated in a
story time focusing on water awareness at the Newhope Branch Library in Santa Ana.Our General
Manager presented at the California Association of Sanitation Agencies Conference on Empowering
through Collaboration.In total we reached approximately 200 people for the month.Details can be
found in the Outreach Report.
Internal Communication
In July,there were 67 posts on the employee intranet -The San Box,and four weekly emails were
distributed on relevant topics.
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File #:2024-3767 Agenda Date:8/28/2024 Agenda Item No:3.
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,Rossmoor,and
within both of our treatment plants.Website updates,email text alerts,and direct notifications
continue to be distributed as the projects progress.Details on each project can be found at
www.ocsan.gov/construction.
Neighborhood Connection Newsletter
The summer issue of OC San’s community newsletter was distributed in July.It features a recap of
our 70th Anniversary Open House,infrastructure project updates,our budget process,and more.The
newsletter is sent electronically to about 4,000 readers and shared on our social media platforms.
Member Agency Outreach Toolkit
The summer outreach toolkit was distributed to our member agencies to spread OC San messaging
across a wider audience.It covers summer topics which include sand in the pipes and fats,oil,and
grease. The toolkit includes graphics, articles for websites and newsletters, and social media posts.
OC San Receives Award
OC San won the 2024 American Inhouse Design Awards from Graphic Design USA, a prestigious
competition for design professionals that receives over 5,000 entries annually. Only 10 percent of the
entries are recognized as winners. Awards were given for the Capital Improvement Program Annual
Report <https://www.ocsan.gov/home/showpublisheddocument/34221/638309854338200000>, OC
San’s Connection Newsletter, and for the Keep it Flowing brochure which includes OC San
messaging.
Local Legislative and Governmental Support
Whittingham Public Affairs Advisors (WPAA)continues to provide support to OC San.A monthly
report is attached to this Agenda Report.Activities to note include monitoring various City Council
agendas of each of OC San’s member agencies and highlighting issues and items of relevance to
OC San.
Activities in August:
Social Media
OC San continues to share messaging across the various social media platforms.
Presentations and Outreach Efforts
Presentations were given to the Fullerton Rotary Club,SoCal Waste Discharge Requirements Group,
and the City of San Diego.OC San also participated in the Orange County Business Council
Legialtive Day and the State of the County.
CEQA
N/A
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File #:2024-3767 Agenda Date:8/28/2024 Agenda Item No:3.
FINANCIAL CONSIDERATIONS
All items mentioned are included in OC San’s FY 2024-26 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 - July 2024
·WPAA Local Public Affairs Report - July 2024
Orange County Sanitation District Printed on 8/20/2024Page 4 of 4
powered by Legistar™
Outreach and Media
Summary
July 2024
OC San Public Affairs Off ice
Table of Contents
OUTREACH REPORT…………………………………………………………PAGE 1
FACEBOOK POSTINGS ……………………………………………...............PAGE 2
TWITTER POSTINGS …………………………………………………………PAGE 3
INSTAGRAM POSTINGS………………………………………………………PAGE 4
LINKEDIN POSTINGS………………………………………………………....PAGE 5
NEWS ARTICLES……………………………………………………………………………. PAGE 6
Outreach Report July 2024
Date Tours Attendees Tour Guide
7/2/24 New Employee Tour 12 Rob Thompson
7/9/24 Public Tour 18 Cortney Light
7/23/24 Cal State Long Beach Nursing 22 Cortney Light
Date Speaking Engagements/Events Attendees Presenter
7/10/24 OC Realtors 35 Rebecca Long
7/23/24 Water Awareness Story time at
Newhope Library in Santa Ana 35
Belen Carrillo/ Jenny
Gomez/ Jacob
Dalgoff/ Dindo
Carrillo/ Marianne
Klein/ Giti Radvar
7/3124 California Association of Sanitation
Agencies Conference 120 Rob Thompson
Project Area Outreach Notifications # of People
Reached
Website Posts and
Text Alerts
Service Area OC San Connection Community
Newsletter 3500 1 website post
Anaheim/Buena
Park Orange-Western Trunk project update 343
1 website post
Costa Mesa Costa Mesa Sewer Along I-405 183
1 website post
Newport Beach MacArthur Sewer Project update 98 1 website post
Seal Beach Seal Beach Pump Station
Replacement update 160
1 website post/
1 email alert
External
Communications Distribution # of People
Reached
5 Minutes Per
Month
OC San Continuing to Protect Our
Beaches 216
Board Member
Talking Points One 50
Website Posts 9 posts 3k views Website
Facebook 14 posts 2k reached Social Media
Twitter 10 tweets 726 reached Social Media
Instagram 31 posts 3.7k reached Social Media
LinkedIn 5 posts 13.7k reached Social Media
1
Post performance - Facebook Pages
Data from 01 Jul, 2024 to 31 Jul, 2024
Sources
Orange County Sanitation DistrictO
Orange County Sanitation
District
Jul 31, 20:01O Summer BBQs = Fun! Don't let FOG crash the party! Fats, Oils, & Grease belong
in the trash, not the drain! Wipe grills with paper towels & toss. Let's keep our
waterways healthy! #OCSan #FOGFree
4.72%106 106
Orange County Sanitation
District
Jul 24, 17:42O OC San has been awarded 3 Graphic Design USA awards for our InHouse Design
Content. Over 5,000 entries were submitted and only 10% were recognized as
winners in this category. We won for: CIP Annual Report OC San Connection…
20.95%273 253
Orange County Sanitation
District
Jul 19, 18:01O OC San: You're Welcome! 🤽💧 If you want to find out how we clean the
wastewater, visit ocsan.gov/tours and sign up for a tour!1.78%189 169
Orange County Sanitation
District
Jul 18, 14:18O OC San will be having the Steering Committee Meeting (5 pm) and Board of
Directors Meeting (6 pm) on Wednesday, July 24. Click here to view the agenda:3.85%59 52
Orange County Sanitation
District
Jul 17, 14:52O At OC San we're looking for talented individuals to join our team. Make adi erence in the wastewater treatment industry and build a fulfilling career.Learn more and apply at OCSan.gov/jobs. #OCSanCareers 5.96%168 151
Orange County Sanitation
District
Jul 13, 16:02O The latest issue of the OC San Connection newsletter has just dropped, and it’s areal page-turner! 💧 Dive in for all the updates, stories, and behind-the-scenesaction. Don't miss out and check it out! 🌊📖 #OCSanConnection 6.58%91 76
Orange County Sanitation
District
Jul 12, 16:41O The OC San Administration Committee Meeting will be happening on July 17 at
5 pm. Click here to view the agenda:5.77%64 52
Orange County Sanitation
District
Jul 12, 16:09O (Post with no description)4.11%155 146
Orange County Sanitation
District
Jul 11, 23:06O Jennifer Cabral has been appointed as the Director of Communications atOrange County Sanitation District. With 20+ years of experience, she’ll lead ournew Communications Department, overseeing public a airs, community…19.49%405 390
Orange County SanitationDistrict
Jul 10, 17:42O Did you know OC San is a 24/7 facility? We do this because just like your flowdoesn't stop, neither do we. To learn about what we do and who we are visit ocsan.gov 8.49%126 106
Orange County SanitationDistrict
Jul 06, 17:00O Chad Wanke's hard work and dedication has made a big impact on our agencyand wastewater recycling e orts. We know it and so does Orange County WaterDistrict County of Orange, California Assemblyman Phillip Chen Michelle Stee…8.44%237 225
Orange County SanitationDistrict
Jul 04, 16:20O Happy 4th of July from OC San! 🎆 As we celebrate our nation's independence,let's also remember to protect our environment. Enjoy the fireworks andfestivities, and please dispose of waste responsibly. Nothing other than the 3 …5.61%117 107
Orange County SanitationDistrict
Jul 03, 22:30O The OC San Operations Committee Meeting is happening on July 10 at 5 PM.
Click here to view the agenda:1.96%57 51
Orange County SanitationDistrict
Jul 02, 15:52O Excited to announce Ryan Gallagher, Mayor Pro Tem of Tustin, as the new OC
San Board Chairman and Jon Dumitru, Councilmember for Orange, as Vice-
Chairman! 🎉 Congrats to our #OCSanLeadership.
7.14%152 140
DATE POST ENGAGEMENT RATE IMPRESSIONS REACH
2
Post performance - Twitter
Data from 01 Jul, 2024 to 31 Jul, 2024
Sources
@OCSanDistrict
@OCSanDistrict
Jul 31, 20:01
Summer BBQs = Fun! Don't let FOG crash the party! Fats, Oils, & Grease belong
in the trash, not the drain! Wipe grills with paper towels & toss. Let's keep our
waterways healthy! #OCSan #FOGFree https://twitter.com/OCSanDistrict/stat…
0%0 96
@OCSanDistrict
Jul 24, 17:42
OC San has been awarded 3 Graphic Design USA awards for our InHouse Design
Content. Over 5,000 entries were submitted and only 10% were recognized as
winners in this category. We won for: CIP Annual Report OC San Connection…
6.78%8 118
@OCSanDistrict
Jul 19, 18:02
OC San: You're Welcome! 🤽💧 If you want to find out how we clean the
wastewater, visit http://ocsan.gov/tours and sign up for a tour! https://twitter.co
m/OCSanDistrict/status/1814360238297944356/video/1
0%0 36
@OCSanDistrict
Jul 17, 14:52
At OC San we're looking for talented individuals to join our team. Make adi erence in the wastewater treatment industry and build a fulfilling career.Learn more and apply at http://OCSan.gov/jobs. #OCSanCareers https://twitt…7.02%4 57
@OCSanDistrict
Jul 13, 16:01
The latest issue of the OC San Connection newsletter has just dropped, and it’s areal page-turner! 💧 Dive in for all the updates, stories, and behind-the-scenesaction. Don't miss out and check it out! 🌊📖 #OCSanConnection https://twitt…0%0 36
@OCSanDistrict
Jul 11, 23:08
Jennifer Cabral has been appointed as the Director of Communications atOrange County Sanitation District. With 20+ years of experience, she'll lead ournew Communications Department, overseeing public a airs, community…11.84%9 76
@OCSanDistrict
Jul 10, 17:42
Did you know OC San is a 24/7 facility? We do this because just like your flowdoesn't stop, neither do we. To learn about what we do and who we are visit http://ocsan.gov https://twitter.com/OCSanDistrict/status/18110935759138615…6.45%4 62
@OCSanDistrict
Jul 06, 17:00
Chad Wanke's hard work and dedication has made a big impact on our agencyand wastewater recycling e orts.We know it and so does @OCWaterDistrict,@OCGov @AssemblymanPhillipChen @MichelleSteelCA who sent over…9.49%13 137
@OCSanDistrict
Jul 04, 16:20
Happy 4th of July from OC San! 🎆 As we celebrate our nation's independence,let's also remember to protect our environment. Enjoy the fireworks andfestivities, and please dispose of waste responsibly. Nothing other than the 3 …0%0 52
@OCSanDistrict
Jul 02, 15:52
Excited to announce Ryan Gallagher, Mayor Pro Tem of Tustin, as the new OCSan Board Chairman and Jon Dumitru, Councilmember for Orange, as Vice-Chairman! 🎉 Congrats to our #OCSanLeadership. https://twitter.com/OCSan…1.79%1 56
DATE POST ENGAGEMENT RATE ENGAGEMENTS IMPRESSIONS
3
Post performance - Instagram Business
Data from 01 Jul, 2024 to 31 Jul, 2024
Sources
ocsandistrictO
ocsandistrict
Jul 31, 20:01O Summer BBQs = Fun! Don't let FOG crash the party! Fats, Oils, & Grease belong
in the trash, not the drain! Wipe grills with paper towels & toss. Let's keep our
waterways healthy! #OCSan #FOGFree
6.25%97 6 96
ocsandistrict
Jul 30, 19:08O Partners 4 life 💙 Water 4 life 💧0%106 0 105
ocsandistrict
Jul 27, 19:13O (No description)0%71 0 69
ocsandistrict
Jul 27, 19:13O (No description)0%68 0 66
ocsandistrict
Jul 27, 19:12O (No description)0%66 0 64
ocsandistrict
Jul 27, 19:12O (No description)0%75 0 73
ocsandistrict
Jul 27, 19:12O Throwback to our story time this week. Thanks @santaanalibrary for having us
💧0%78 0 77
ocsandistrict
Jul 24, 17:42O OC San has been awarded 3 Graphic Design USA awards for our InHouse DesignContent. Over 5,000 entries were submitted and only 10% were recognized aswinners in this category. We won for: CIP Annual Report OC San Connection…11.22%0 10 98
ocsandistrict
Jul 23, 18:57O And just like that. The OC San storytime was a success! Thanks to
@santaanalibrary for having us stop by @cityofsantaana 0%96 0 96
ocsandistrict
Jul 23, 15:18O That’s us! Stop by the Newhope Library in Santa Ana for our 10:30 am Storytime
💧0%107 0 105
ocsandistrict
Jul 22, 23:16O (No description)0%138 0 137
ocsandistrict
Jul 19, 18:01O OC San: You're Welcome! 🤽💧 If you want to find out how we clean the
wastewater, visit ocsan.gov/tours and sign up for a tour!4.96%0 6 121
ocsandistrict
Jul 18, 23:03O (No description)0%146 0 146
ocsandistrict
Jul 17, 21:00O (No description)0%68 0 68
ocsandistrict
Jul 17, 20:56O (No description)0%68 0 68
ocsandistrict
Jul 17, 20:54O (No description)0%72 0 72
ocsandistrict
Jul 17, 20:49O (No description)0%75 0 75
ocsandistrict
Jul 17, 20:46O Emoji Day? 🤗😎🤓 Let’s play “Guess the Phrase”0%88 0 88
ocsandistrict
Jul 17, 14:52O At OC San we're looking for talented individuals to join our team. Make a
di erence in the wastewater treatment industry and build a fulfilling career.
Learn more and apply at OCSan.gov/jobs. #OCSanCareers
4.72%0 9 212
ocsandistrict
Jul 13, 16:00O The latest issue of the OC San Connection newsletter has just dropped, and it’s a
real page-turner! 💧 Dive in for all the updates, stories, and behind-the-scenes
action. Don't miss out and check it out! 🌊📖 #OCSanConnection
3.45%0 2 87
ocsandistrict
Jul 12, 18:28O A special OC San Highlight from @esrigram 😱0%105 0 104
ocsandistrict
Jul 11, 23:06O Jennifer Cabral has been appointed as the Director of Communications at
Orange County Sanitation District. With 20+ years of experience, she’ll lead our
new Communications Department, overseeing public a airs, community…
16.28%323 39 301
ocsandistrict
Jul 10, 17:42O Did you know OC San is a 24/7 facility? We do this because just like your flow
doesn't stop, neither do we. To learn about what we do and who we are visit ocs
an.gov
8.25%0 15 206
ocsandistrict
Jul 10, 16:09O (No description)0%156 0 154
ocsandistrict
Jul 06, 17:00O Chad Wanke's hard work and dedication has made a big impact on our agency
and wastewater recycling e orts. We know it and so does @OCWD, @OCGov
@StateAssemblyPhillipChen @MichelleSteelCA who sent over recognitions! A…
4.02%221 8 199
ocsandistrict
Jul 04, 16:25O (No description)0%103 0 101
ocsandistrict
Jul 04, 16:20O Happy 4th of July from OC San! 🎆 As we celebrate our nation's independence,
let's also remember to protect our environment. Enjoy the fireworks and
festivities, and please dispose of waste responsibly. Nothing other than the 3 …
9.93%158 13 141
ocsandistrict
Jul 03, 23:27O (No description)0%99 0 97
ocsandistrict
Jul 03, 17:59O (No description)0%103 0 102
ocsandistrict
Jul 02, 20:56O Perfect Day for a Tour 0%162 0 162
ocsandistrict
Jul 02, 15:52O Excited to announce Ryan Gallagher, Mayor Pro Tem of Tustin, as the new OCSan Board Chairman and Jon Dumitru, Councilmember for Orange, as Vice-Chairman! 🎉 Congrats to our #OCSanLeadership.7.63%274 17 249
DATE POST ENGAGEMENT RATE IMPRESSIONS LIKES REACH
4
Post performance - LinkedIn Pages
Data from 01 Jul, 2024 to 31 Jul, 2024
Sources
Orange County Sanitation District
Orange County Sanitation
District
Jul 24, 17:42
OC San has been awarded 3 Graphic Design USA awards for our InHouse Design
Content. Over 5,000 entries were submitted and only 10% were recognized as
winners in this category. We won for: CIP Annual Report OC San Connection…
8.66%554 21 0
Orange County Sanitation
District
Jul 17, 14:52
At OC San we're looking for talented individuals to join our team. Make a
di erence in the wastewater treatment industry and build a fulfilling career.
Learn more and apply at OCSan.gov/jobs. #OCSanCareers
11.54%1,317 20 5
Orange County Sanitation
District
Jul 13, 16:01
The latest issue of the OC San Connection newsletter has just dropped, and it’s a
real page-turner! 💧 Dive in for all the updates, stories, and behind-the-scenes
action. Don't miss out and check it out! 🌊📖 #OCSanConnection
7.03%555 7 0
Orange County Sanitation
District
Jul 11, 23:08
Jennifer Cabral has been appointed as the Director of Communications atOrange County Sanitation District. With 20+ years of experience, she'll lead ournew Communications Department, overseeing public a airs, community…7.75%6,475 203 1
Orange County Sanitation
District
Jul 02, 15:52
Excited to announce Ryan Gallagher, Mayor Pro Tem of Tustin, as the new OCSan Board Chairman and Jon Dumitru, Councilmember for Orange, as Vice-Chairman! 🎉 Congrats to our #OCSanLeadership.5.78%4,809 126 0
DATE POST ENGAGEMENT RATE IMPRESSIONS REACTIONS SHARES
5
Article Date Source Link
Hoping to reduce Colorado River dependency, Southern
California bets big on wastewater recycling 7/5/2024
Courthouse News
Service
https://www.courthousenews.com/hoping-to-
reduce-colorado-river-dependency-southern-
california-bets-big-on-wastewater-recycling/
Innovation in Action: Isle North America Recognizes Water
Industry Trailblazers at National Gathering 7/11/2024 Isle Utilities
https://www.environmental-
expert.com/news/innovation-in-action-isle-
north-america-recognizes-water-industry-
trailblazers-at-national-gathering-1150683
Coastal Commission upholds decision by N.B. City Council,
Planning Commission on pump station 7/12/2024 Daily Pilot
https://www.latimes.com/socal/daily-
pilot/news/story/2024-07-12/coastal-
commission-upholds-decision-by-n-b-city-
council-planning-commission-on-pump-station
374Water Deploying its Innovative AirSCWO Waste
Destruction Technology to the City of Orlando's Iron
Bridge Water Pollution Control Facility 7/16/2024 Morningstar
https://www.morningstar.com/news/accesswir
e/889518msn/374water-deploying-its-
innovative-airscwo-waste-destruction-
technology-to-the-city-of-orlandos-iron-bridge-
water-pollution-control-facility
COVID reaches 'very high' level in CA, CDC wastewater
data show; COVID on the rise in LA County 7/16/2024 ABC 7
https://abc7.com/post/covid-viral-activity-high-
level-ca-cdc-wastewater/15061922/
Heal the Bay’s 2024 ‘Beach Report Card’ highlights link
between rain, ocean health 7/17/2024 OC Register
https://ocsdgov.sharepoint.com/:b:/s/External
/EaVhVAn99SZKkTln7z2uw7gBW6a1DEfaX8cgjf
2oP9_Ndg?e=MyTknw
Best and worst beaches in Southern California 7/17/2024 OC Register
https://www.ocregister.com/2024/07/17/best-
and-worst-beaches-in-southern-california/
Beach Report Card 7/17/2024 Heal the Bay
https://healthebay.org/wp-
content/uploads/2024/07/Beach-Report-2023-
2024_screen.pdf
Rise in storms hurts beaches 7/18/2024 OC Register
https://ocsdgov.sharepoint.com/:b:/s/External
/EZu-
TeQooihJpDe_zdzOaQcBetz1OWggcgSOurxH6O
QlDw?e=ETAHeA
6
Media Articles for July
Whittingham PAA, LLC
31441 Santa Margarita Parkway, Suite A181 ▪ Rancho Santa Margarita, CA 92688 (949) 280-9181 ▪ peter@whittinghampaa.com
TO: Orange County Sanitation District
FROM: Whittingham Public Affairs Advisors DATE: July 31, 2024
SUBJECT: Local Legislative Report
The month of July has been highlighted by a variety of noteworthy events in Orange County. Following is a few of the more notable developments and issues of the month:
• A coalition that includes Mesa Water® and the Orange County Water District, along with the cities of Newport Beach and Huntington Beach, have received
$250,000 in federal money to examine the possibility of converting brackish
water to potable, similar to what is currently being done in Torrance and parts of Riverside and San Bernardino counties. The Supply Improvement Project (SIP) is
slated to begin this month and the first phase should be concluded in April 2025.
• County of Orange Chief Financial Officer Michelle Aguirre was appointed interim Chief Executive Officer by the Orange County Board of Supervisors.
Longtime CEO Frank Kim officially retired July 11; the Board of Supervisors meets next on August 13, at which time they are expected to determine the path
forward to determining the next CEO, who will oversee 16,000 employees and a $9.3 billion budget.
• A number of cities countywide, in the face of significant structural budget
deficits, have placed local sales tax measures on the November ballot. The Orange City Council voted earlier in July to place a one-half cent local sales tax measure
before voters in the city, and the Seal Beach and Buena Park City Councils have
similarly placed one cent sales tax measures before their respective voters in November. The San Clemente City Council will consider placing a three-quarters cent measure before its voters on August 6 after a motion to place a one cent sales tax increase failed to get support from a majority of the Council.
• The County of Orange conducted several public input meetings and finalized the Draft Preliminary Climate Action Plan (CAP), which is slated to come before the
Board of Supervisors in September. More information about the CAP may be found here - Title (oclandfills.com).
2
As part of our scope of work, Whittingham Public Affairs Advisors (WPAA) has
monitored the various City Council agendas of each of OC San’s member agencies and
highlighted issues and items of relevance to OC San. We also monitored activities at the
South Coast Air Quality Management District, including the announced award of a $500 million Climate Pollution Reduction Grant and a working group meeting dealing with Proposed Rule 1405, which will impact wastewater treatment facilities.
It is a pleasure to work with you and to represent the Orange County Sanitation District.
Sincerely,
Peter Whittingham
STEERING COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2024-3748 Agenda Date:8/28/2024 Agenda Item No:4.
FROM:Robert Thompson, General Manager
Originator: Mike Dorman, Director of Engineering
SUBJECT:
BAY BRIDGE PUMP STATION REPLACEMENT, PROJECT NO. 5-67
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
Approve a Project Specific Maintenance Agreement with the California Department of Transportation
(Caltrans)for the construction and maintenance of force mains,drainage pipes,retaining wall,
sidewalk,curb and gutter hardscape,and landscaping within the Caltrans right-of-way for the Bay
Bridge Pump Station Replacement, Project No. 5-67.
BACKGROUND
The Bay Bridge Pump Station is located on East Coast Highway just east of the Lower Newport Bay
Channel.The force mains are routed under East Coast Highway and Lower Newport Bay Channel.
The pump station and force mains are critical to the Orange County Sanitation District’s (OC San)
infrastructure as it conveys over half of Newport Beach’s wastewater.The pump station and force
mains are at the end of their useful life and require replacement to ensure continuous service.
Portions of the Bay Bridge Pump Station will be constructed in the Caltrans right-of-way including
force mains, drainage pipes, retaining wall, sidewalk, curb and gutter hardscape, and landscaping.
RELEVANT STANDARDS
·Maintain collaborative and cooperative relationships with regulators,stakeholders,and
neighboring communities
PROBLEM
OC San cannot construct the Bay Bridge Pump Station Replacement,Project No.5-67,without a
Project Specific Maintenance Agreement with Caltrans.
PROPOSED SOLUTION
Enter into a Project Specific Maintenance Agreement with Caltrans.
Orange County Sanitation District Printed on 8/20/2024Page 1 of 3
powered by Legistar™
File #:2024-3748 Agenda Date:8/28/2024 Agenda Item No:4.
TIMING CONCERNS
Construction cannot begin until this agreement is in place.Delaying the approval of this agreement
could delay the start of construction which is scheduled to start in the first quarter of 2025.
RAMIFICATIONS OF NOT TAKING ACTION
The reliability of the system will remain compromised until the pump station and force mains are
replaced.There is a risk that the pump station and force mains could fail,potentially causing a spill
into the Lower Newport Bay Channel.
PRIOR COMMITTEE/BOARD ACTIONS
September 2023 -Approved a License Agreement with the City of Newport Beach for the
construction staging area for the Bay Bridge Pump Station and Force Mains Replacement,Project
No. 5-67.
July 2023 -Adopted Resolution No.OC SAN 23-13 entitled,“A Resolution of the Orange County
Sanitation District Board of Directors receiving and filing the Addendum to the Environmental Impact
Report for the Bay Bridge Pump Station and Force Mains Replacement Project No.5-67 and
approving the Modified Project”.
February 2021 -Adopted Resolution No.OC SAN 21-03,entitled:“A Resolution of the Board of
Directors of the Orange County Sanitation District Certifying the Environmental Impact Report for the
Bay Bridge Pump Station and Force Mains Replacement Project,Project No.5-67;Adopting the
Mitigation Monitoring Program;and Approving the Bay Bridge Pump Station and Force Mains
Replacement Project, Project No. 5-67”.
ADDITIONAL INFORMATION
N/A
CEQA
OC San,as lead agency,prepared a Final Program Environmental Impact Report ("EIR")for the Bay
Bridge Pump Station and Force Mains Replacement Project,Project No.5-67,dated May 2018.OC
San ultimately certified the EIR for the project on February 24,2021.In response to a court ruling,
the project was modified,and the impacts of those modifications were analyzed in an Addendum to
the EIR.OC San received and filed the Addendum and approved the modified project on July 26,
2023 (Public Resources Code Section 21166; CEQA Guidelines Section 15162, 15164).
FINANCIAL CONSIDERATIONS
N/A
Orange County Sanitation District Printed on 8/20/2024Page 2 of 3
powered by Legistar™
File #:2024-3748 Agenda Date:8/28/2024 Agenda Item No:4.
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Project Specific Maintenance Agreement
CM:lb
Orange County Sanitation District Printed on 8/20/2024Page 3 of 3
powered by Legistar™
PSMA
PM 18-18.4
1
PROJECT SPECIFIC MAINTENANCE AGREEMENT WITH ORANGE COUNTY SANITATION DISTRICT (OCSAN)
THIS AGREEMENT is made effective this ______ day of ____________, 20__, by and between
the State of California, acting by and through the Department of Transportation,
hereinafter referred to as “STATE” and the ORANGE COUNTY SANITATION DISTRICT,
hereinafter referred to as “OCSAN”; and collectively referred to as “PARTIES”.
SECTION I
RECITALS
1.Whereas, OCSAN is engaged in Project No. 5-67 to rebuild the Bay Bridge Pump
Station currently located at 300 East Coast Highway in the City of Newport
Beach (the “PROJECT”). The PROJECT will construct a pump station facility
adjacent to the existing facility and dual force mains encased in a reinforced
concrete pipe, undercrossing East Coast Highway and the Newport Bay.
2.The PARTIES hereto mutually desire to identify the maintenance responsibilities of
OCSAN for the improvements of PROJECT constructed within the STATE right of
way under the Permit Number 12-19-N-LC-0815. This Agreement addresses
OCSAN responsibility for the drainage pipes, reinforced concrete pipes, high
density polyethylene pipes, retaining wall, curb and gutter, sidewalk, hardscape,
and landscaping, placed within STATE right of way on State Route 1 PM 18-18.4,
as shown on Exhibit A, attached to and made a part of this Agreement.
NOW THEREFORE, IT IS AGREED AS FOLLOWS:
SECTION II
AGREEMENT
1.Exhibit A consists of plan drawings, and Exhibits B delineates infrastructure and
describes the areas within STATE right of way which are the responsibility of the
OCSAN to maintain in accordance with this Agreement.
2.If there is mutual agreement on a change in the maintenance responsibilitiesbetween PARTIES, the PARTIES can revise the Exhibit A and B by a mutual written
execution of the Exhibits.
3.OCSAN must obtain the necessary Encroachment Permits from STATE’s District 12
Encroachment Permit Office prior to entering STATE right of way to perform OCSAN
maintenance responsibilities. This permit will be issued at no cost to OCSAN.
PSMA
PM 18-18.4
2
4.RETAINING WALLS - OCSAN is responsible for debris removal, cleaning and painting to
keep OCSAN‘s side of any wall structure or column, shown on Exhibit A, free of debris,
dirt, and graffiti.
5.LANDSCAPED AREAS - OCSAN is responsible for the maintenance of any plantings or
other types of roadside improvements of PROJECT, shown on Exhibit A lying outside
of the fenced area restricting walk on access to the freeway including but not limited
to curb and gutter, sidewalk, and hardscape.
6.UNDERGROUND PIPES: OCSAN is responsible for the maintenance of REINFORCED
CONCRETE PIPES, AIR RELEASE VALVE and HIGH-DENSITY POLYETHYLENE PIPES
identified in Exhibit A.
7.LEGAL RELATIONS AND RESPONSIBILITIES
7.1. Nothing within the provisions of this Agreement is intended to create duties or
obligations to or rights in third parties not parties to this Agreement or to affect
the legal liability of a PARTY to the Agreement by imposing any standard of care
with respect to the operation and maintenance of STATE highways and local
facilities different from the standard of care imposed by law.
7.2. Neither OCSAN nor any officer or employee thereof is responsible for any injury,
damage or liability occurring by reason of anything done or omitted to be done
by, under or in connection with any work, authority or jurisdiction conferred upon
STATE under this Agreement. It is understood and agreed that STATE shall fully
defend, indemnify and save harmless OCSAN and all of their officers and
employees from all claims, suits or actions of every name, kind and description
brought forth under, including, but not limited to, tortious, contractual, inverse
condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement.
7.3. Neither STATE nor any officer or employee thereof is responsible for any injury,
damage or liability occurring by reason of anything done or omitted to be done
by OCSAN under or in connection with any work, authority or jurisdiction
conferred upon OCSAN under this Agreement. It is understood and agreed that
OCSAN shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims, suits or actions of every name, kind and
description brought forth under, including but not limited to, tortious, contractual,
inverse condemnation or other theories or assertions of liability occurring by
reason of anything done or omitted to be done by OCSAN under this Agreement.
8.*STATE shall remove Persons Experiencing Homelessness (PEH) and any structures,
personal property, debris, and/or other items related to the encampment from the
PSMA
PM 18-18.4
3
Location(s) shown in Exhibit A, subject to STATE’s Encampment Removal policy, MPD
1001 R1 and applicable State and Federal law.
Nothing in this Agreement grants or waives the right of California Highway Patrol (CHP)
and other law enforcement agencies having jurisdiction over the Locations in shown
in Exhibit A.
9.OC SAN shall engage in weed abatement operations. LOCAL AGENCY shall control
weeds at a level acceptable to STATE. Any weed control performed by
chemical weed sprays (herbicides)shall comply with all laws, rules, and regulations
established by California Department of Food and Agriculture. All chemical spray
operations shall be reported quarterly (form LA17) to STATE via the STATE’s Landscape
Specialist, Maintenance Support, Caltrans District Office 1750 E 4th Street Suite 100
Santa Ana, CA 92705.
10.OC SAN's graffiti removal shall be limited to removal of text only in
accordance with Streets and Highway Code Section 96. Any graffiti that in any way
resembles a mural, artwork, paintings, or other similar elements may not be removed.
LOCAL AGENCY shall discuss such possible art with STATE’s District 12 Transportation
Art Coordinator before conducting any graffiti removal or remediation.
10.1.
11. PREVAILING WAGES:
11.1. Labor Code Compliance- If the work performed under this Agreement is done
under contract and falls within the Labor Code section 1720(a)(1) definition of a
"public works" in that it is construction, alteration, demolition, installation, or repair;
or maintenance work under Labor Code section 1771. OCSAN must conform to
the provisions of Labor Code sections 1720 through 1815, and all applicable
provisions of California Code of Regulations found in Title 8, Chapter 8,
Subchapter 3, Articles 1-7. OCSAN agrees to include prevailing wage
requirements in its contracts for public works. Work performed by OCSAN'S own
forces is exempt from the Labor Code's Prevailing Wage requirements.
11.2. Requirements in Subcontracts - OCSAN shall require its contractors to include
prevailing wage requirements in all subcontracts when the work to be performed by the subcontractor under this Agreement is a "public works" as defined in Labor
Code Section 1720(a)(1) and Labor Code Section 1771. Subcontracts shall
include all prevailing wage requirements set forth in OCSAN's contracts.
12. INSURANCE:
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PM 18-18.4
4
12.1. SELF-INSURED - OCSAN is self-insured. OCSAN agrees to deliver evidence of self-
insured coverage providing general liability insurance, coverage of bodily injury
liability and property damage liability, naming STATE, its officers, agents and
employees as the additional insured in an amount of $1 million per occurrence
and $2 million in aggregate and $5 million in excess. Coverage shall be
evidenced by a certification of self-insurance letter (“Letter of Self-Insurance”),
satisfactory to STATE, certifying that OCSAN meets the coverage requirements of
this section. This Letter of Self-Insurance shall also identify the PROJECT location as depicted in EXHIBITS A. OCSAN shall deliver to STATE the Letter of Self-Insurance
with a signed copy of this AGREEMENT. A copy of the executed Letter of Self-
Insurance shall be attached hereto and incorporate as Exhibit B.
12.2. SELF-INSURED using Contractor - If the work performed under this AGREEMENT is
done by OCSAN‘s contractor(s), OCSAN shall require its contractor(s) to maintain
in force, during the term of this AGREEMENT, a policy of general liability insurance,
including coverage of bodily injury liability and property damage liability, naming
STATE, its officers, agents and employees as the additional insured in an amount
of $1 million per occurrence and $2 million in aggregate and $5 million in excess.
Coverage shall be evidenced by a certificate of insurance in a form satisfactory
to the STATE that shall be delivered to the STATE with a signed copy of this
Agreement.
13. TERMINATION - This Agreement may be terminated by mutual written consent by
PARTIES or by STATE for cause., OCSAN’s failure to comply with the provisions of this
Agreement may be grounds for a Notice of Termination by STATE.
14. TERM OF AGREEMENT - This Agreement shall become effective on the date first shown
on its face sheet and shall remain in full force and effect until amended or terminatedas set forth in Article 13 above.
PARTIES are empowered by Streets and Highways Code Section 114 and 130 to enter
into this Agreement and have delegated to the undersigned the authority to execute
this Agreement on behalf of the respective agencies and covenants to have followed
all the necessary legal requirements to validly execute this Agreement.
[SIGNATURE PAGE FOLLOWS]
PSMA
PM 18-18.4
5
IN WITNESS WHEREOF, the PARTIES hereto have set their hands and seals the day and
year first above written.
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
TONY TAVARES
Director of Transportation
ORANGE COUNTY SANITATION
DISTRICT
By: __________________________
Ryan P. Gallagher
Board Chairperson
By: ___________________________
ROBERTA C. HETTICK, P.E.
Deputy District Director
Maintenance District
ATTEST:
By: __________________________
Kelly A. Lore, MMC Clerk of the Board
By: __________________________
Scott C. Smith
General Counsel As to Form and Procedure:
By: _____________________________
Attorney
Department of Transportation
PSMA PM 18-18.4 EXHIBIT A
Page 1 of 1
(Plan map identifying the applicable STATE Right of Way and OCSAN
property(ies) and facilities)
PROJECT SPECIFIC MAINTENANCE AGREEMENT EXHIBIT A - FACILITY MAINTENANCE EXHIBIT EAST COAST HIGHWAY
ORANGE COUNTY SANITATION DISTRICT SHEET 1 OF 4
PACIFIC COAST HWY
PRIVATE
149+00 150+00
151+00
152+00
153+00
155+00
156+00
154+00
CALTRANS
PRIVATE
PRIVATE
CALTRANS
CALTRANS
PRIVATE
OC SAN
FACILITIES TO BE MAINTAINED BY OC SAN
PROPERTY LINES
SEE SHEET 3 AND 4 FORENLARGED EXHIBITS
72" RCP
24" HDPE
LANDSCAPINGAREA
PROJECT SPECIFIC MAINTENANCE AGREEMENT EXHIBIT A - FACILITY MAINTENANCE EXHIBIT WEST COAST HIGHWAY
ORANGE COUNTY SANITATION DISTRICT SHEET 2 OF 4FACILITIES TO BE MAINTAINED BY OC SAN
PROPERTY LINES
140+00
141+00
142+00
PACIFIC COAST HWY143+00 144+00 145+00
146+00
CALTRANS
USACE
USACE
CALTRANS
72" RCP
24" HDPE
AIR RELEASEVALVE VAULT
ENLARGED EXHIBIT FOR HARDSCAPE AND UTILITIES
ORANGE COUNTY SANITATION DISTRICT SHEET 3 OF 4
24SD(C)24SD(C)24SD(C)24SD(C)24SD(C)24SD(C)
18S
D
(
C
)
18
S
D
(
C
)
18
S
D
(
C
)
18
S
D
(
C
)
18
S
D
(
C
)
18
S
D
(
C
)
30SD(C)
30SD(C)
30SD(C)
30SD(C)
30SD(C)
30SD(C)
30SD(C)
30SD(C)
30SD(C)
30SD(C)
30SD(C)
30SD(C)
30SD(C)
30SD(C)
30SD(C)
30SD(C)
30SD(C)
30SD(C)
18
S
D
(
C
)
18
S
D
(
C
)
18
S
D
(
C
)
18
S
D
(
C
)
18
S
D
(
C
)
18
S
D
(
C
)
18
S
D
(
C
)
CB
CB
24W(D)
24W(D)
24W(D)
24W(D)
24W(D)
D
CB-3
36.0' ROLL CURB
6.0'
TRANS6.0'
TRANS
ROLL CURB
CALTRANS
PRIVATE PROPERT
Y
ROLL CURB
RCP PIPES, HDPE PIPES, RETAINING WALL,DRAINAGE PIPES, ROLL CURB ANDGUTTER TO BE MAINTAINED BY OC SAN
24" HDPE
72" RCP
DRAINAGEPIPESRETAININGWALL
154+00153+00 153+50 154+50
PROJECT SPECIFIC MAINTENANCE AGREEMENT EXHIBIT A - FACILITY MAINTENANCE EXHIBIT
ENLARGED EXHIBIT FOR LANDSCAPING
ORANGE COUNTY SANITATION DISTRICT SHEET 4 OF 4
24SD(C)24SD(C)24SD(C)24SD(C)24SD(C)24SD(C)
18S
D
(
C
)
18
S
D
(
C
)
18
S
D
(
C
)
18
S
D
(
C
)
18
S
D
(
C
)
18
S
D
(
C
)
30SD(C)
30SD(C)
30SD(C)
30SD(C)
30SD(C)
30SD(C)
30SD(C)
30SD(C)
30SD(C)
30SD(C)
30SD(C)
30SD(C)
30SD(C)
30SD(C)
30SD(C)
30SD(C)
30SD(C)
30SD(C)
18
S
D
(
C
)
18
S
D
(
C
)
18
S
D
(
C
)
18
S
D
(
C
)
18
S
D
(
C
)
18
S
D
(
C
)
18
S
D
(
C
)
CB
CB
24W(D)
24W(D)
24W(D)
24W(D)
24W(D)
D
CB-3
36.0' ROLL CURB
6.0'
TRANS6.0'
TRANS
ROLL CURB
CALTRANS
PRIVATE PROPERT
Y
ROLL CURB
24" HDPE
72" RCP
154+00153+00 153+50 154+50
LANDSCAPING AREA TO BE MAINTAINEDBY OC SAN (WITHIN OC SAN PROPERTY)
LANDSCAPING AREA TO BE MAINTAINEDBY OC SAN (WITHIN CALTRANS ROW)
PROJECT SPECIFIC MAINTENANCE AGREEMENT EXHIBIT A - FACILITY MAINTENANCE EXHIBIT
August 19, 2024
CALTRANS DISTRICT 12
1750 E. 4TH STREET, SUITE 100
SANTA ANA, CA 92705
ATTN: Sarah Rodriguez
Department of Finance
RE: Statement of Self Insurance for the Orange County Sanitation District
Related to Project Specific Maintenance Agreement with State of California
Department of Transportation (“STATE”) for the Bay Bridge Pump Station
Replacement Project and related facilities along Highway 1at PM 18-18.4.
Dear Sarah Rodriguez
The purpose of this letter is to certify that the OC SAN is self-insured and self-
funded covering third-party claims arising out of its general operations (for
example, commercial general liability and automobile liability insurance). Further
the OC SAN is self-insured covering workers’ compensation claims and has
received the consent of the State Department of Industrial Relations to do so.
Each fiscal year, as a part of its budgetary process, the OC SAN appropriates
funds specifically to satisfy valid third-party claims and workers’ compensation
claims, which may be brought against the OC SAN.
The OC SAN certifies its self-insured, general liability coverage for bodily injury
liability and property damage liability, meets the required coverage amounts in
section 11 (INSURANCE) of the Maintenance Agreement, specifically general
liability insurance, coverage of bodily injury liability and property damage liability
in an amount of $1 million per occurrence and $2 million in aggregate and $5
million in excess. The OC SAN further represents that regarding any claims
made in connection with the Maintenance Agreement by the STATE, the STATE
will be first-in-line regarding the reserved, self-insured amounts.
If you need any additional information regarding this letter, please direct those
inquires through my office.
Sincerely,
John Preston
Risk Management/Financial Services Consultant
OC San
STEERING COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2024-3749 Agenda Date:8/28/2024 Agenda Item No:5.
FROM:Robert Thompson, General Manager
Originator: Mike Dorman, Director of Engineering
SUBJECT:
BAY BRIDGE PUMP STATION REPLACEMENT, PROJECT NO. 5-67
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a Utility Permit Agreement with the County of Orange for installing force mains under
the Lower Newport Bay Channel for the Bay Bridge Pump Station Replacement, Project No. 5-
67; and
B. Approve a one-time payment of $5,000 to the County of Orange for fees associated with the
Utility Permit Agreement.
BACKGROUND
The Bay Bridge Pump Station is located on East Coast Highway just east of the Lower Newport Bay
Channel.The force mains are routed under East Coast Highway and Lower Newport Bay Channel.
The pump station and force mains are critical to the Orange County Sanitation District’s (OC San)
infrastructure as it conveys over half of Newport Beach’s wastewater.The pump station and force
mains are at the end of their useful life and require replacement to ensure continuous service.
The new force mains will be constructed under the East Coast Highway and Lower Newport Bay
Channel via micro tunneling.The Lower Newport Bay Channel is part of the tidelands and
submerged lands granted in trust to the County of Orange by the State of California.
RELEVANT STANDARDS
·Maintain collaborative and cooperative relationships with regulators,stakeholders,and
neighboring communities
PROBLEM
OC San cannot construct the new force mains underneath the Lower Newport Bay Channel without
permission in the form of a Utility Permit Agreement with the County of Orange.
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File #:2024-3749 Agenda Date:8/28/2024 Agenda Item No:5.
PROPOSED SOLUTION
Enter into a Utility Permit Agreement with the County of Orange to install the new force mains
underneath the Lower Newport Bay Channel.
TIMING CONCERNS
Construction cannot begin until this agreement is in place.Delaying the approval of this agreement
could delay the start of construction which is scheduled to start in the first quarter of 2025.
RAMIFICATIONS OF NOT TAKING ACTION
The reliability of the system will remain compromised until the pump station and force mains are
replaced.There is a risk of pump station and force mains failure,potentially causing a spill into the
Lower Newport Bay Channel.
PRIOR COMMITTEE/BOARD ACTIONS
September 2023 -Approved a License Agreement with the City of Newport Beach for the
construction staging area for the Bay Bridge Pump Station and Force Mains Replacement,Project
No. 5-67.
July 2023 -Adopted Resolution No.OC SAN 23-13 entitled,“A Resolution of the Orange County
Sanitation District Board of Directors receiving and filing the Addendum to the Environmental Impact
Report for the Bay Bridge Pump Station and Force Mains Replacement Project No.5-67 and
approving the Modified Project”.
February 2021 -Adopted Resolution No.OC SAN 21-03,entitled:“A Resolution of the Board of
Directors of the Orange County Sanitation District Certifying the Environmental Impact Report for the
Bay Bridge Pump Station and Force Mains Replacement Project,Project No.5-67;Adopting the
Mitigation Monitoring Program;and Approving the Bay Bridge Pump Station and Force Mains
Replacement Project, Project No. 5-67”.
ADDITIONAL INFORMATION
N/A
CEQA
OC San,as lead agency,prepared a Final Program Environmental Impact Report ("EIR")for the Bay
Bridge Pump Station and Force Mains Replacement Project,Project No.5-67,dated May 2018.OC
San ultimately certified the EIR for the Project on February 24,2021.In response to a court ruling,
the project was modified and the impacts of those modifications were analyzed in an Addendum to
the EIR.OC San received and filed the Addendum and approved the modified project on July 26,
2023. (Public Resources Code Section 21166; CEQA Guidelines Section 15162, 15164.)
Orange County Sanitation District Printed on 8/19/2024Page 2 of 3
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File #:2024-3749 Agenda Date:8/28/2024 Agenda Item No:5.
FINANCIAL CONSIDERATIONS
This request complies with the authority levels of OC San’s Purchasing Ordinance.This item has
been budgeted (Budget FY 2024-25 and 2025-26,Section 8,Page 27,Bay Bridge Pump Station
Replacement, Project No. 5-67) and the budget is sufficient for the recommended action.
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Utility Permit Agreement
CM:lb
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1
55880.00900\42505462.1
RECORDED AT THE REQUEST
OF AND WHEN RECORDED MAIL TO:
Orange County Sanitation District
Clerk of the Board
18480 Bandilier Circle
Fountain Valley, CA 92708
WITH A COPY TO:
County of Orange
c/o CEO/ Real Estate
Attn: Chief Real Estate Officer
County Administration North
400 W. Civic Center Drive, Fifth Floor
Santa Ana, CA 92701
Recording Fee Exempt per Government Code
6103
THIS SPACE FOR RECORDER’S USE ONLY
HA55B-150
Lower Newport Bay, OC SAN Pipeline
UTILITY PERMIT AGREEMENT
This UTILITY PERMIT AGREEMENT (“Agreement”) is entered on
, 2024 (“Agreement Date”), by and between COUNTY OF ORANGE, a
political subdivision of the State of California, (“County”) and ORANGE COUNTY
SANITATION DISTRICT, a special DISTRICT, established by the California State Legislature
(“OC SAN”). The County and OC SAN may be referred to herein individually as “Party” and
collectively as “Parties.”
RECITALS
A. As of the Effective Date, the State of California granted to County all that portion of
tidelands and submerged lands bordering upon and under Newport Bay in the
County of Orange, which are outside of the corporate limits of the City of Newport
Beach, a municipal corporation.
B. The Permit Area, as defined in Section 1 below, is tidelands and submerged land
granted in trust to the County by legislative act (Chapter 526, Statutes of 1919 as
amended by Chapter 415 of the Statutes of 1975) (“Tidelands Grant”). The
Tidelands are depicted in Exhibit A (Tideland Map), which is attached hereto and
by reference made a part hereof.
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55880.00900\42505462.1
C. The County agrees to provide a permit for OC SAN to perform work and maintain
an underground high-pressure pipeline as set forth in this Agreement.
D. OC SAN shall apply and must secure any applicable permit for the uses included in
this Agreement as set forth herein, which may include but is not limited to
architectural drawings, insurance and furnish evidence that assures County that
sufficient monies will be available to complete the proposed construction.
E. As the Tidelands Grant precludes the County from conveying utility easements
within the Tidelands, the County and OC SAN desire to enter into this Agreement
to memorialize OC SAN’s rights within the Permit Area to access, inspect, operate,
repair, maintain, replace, remove, relocate, alter, and use OC SAN Facilities (defined
below).
AGREEMENT
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is
hereby acknowledged and accepted, the Parties agree as follows:
1. PERMIT. County hereby grants to OC SAN a Permit (“Permit”) (a) in, on, under, and through
those portions underneath Lower Newport Bay at Pacific Coast Highway overpass to a depth of
Two Hundred (200) feet, as shown in Exhibit B (Cross Section Depiction), which exhibit is attached
hereto and by reference made a part hereof and depicted in Exhibit C (“Permit Area”) which
exhibit is attached hereto and by reference made a part hereof; (b) to access, inspect, operate, repair,
maintain, replace, remove, add, relocate, alter, and use pipelines together with braces, connections,
fastenings, communication cables, meters, manholes, valves, and other appurtenances and fixtures
in connection therewith or appurtenant thereto (“OC SAN Facilities”); and (c) with ingress and
egress to OC SAN Facilities at such places and in such manner as may be reasonably necessary for
the purposes described herein. OC SAN's use of the Permit Area shall be limited to replacing the
existing force mains crossing the Newport Bay in Newport Beach, California. The force mains
consist of two 24-inch diameter pipelines which cross under Pacific Coast Highway (PCH) to the
southwest and then west under the Newport Bay Channel (Channel). The existing force mains will
be abandoned in place and replaced with new 24-inch diameter pipelines inside a 72-inch diameter
casing.
OC SAN agrees not to use the Permit Area for any other purpose nor to engage in or permit any
other activity within or from the Permit Area. OC SAN further agrees not to conduct or permit to
be conducted any public or private nuisance in, on, or from the Permit Area, not to commit or permit
to be committed waste on the Permit Area, and to comply with all governmental laws and
regulations in connection with its use of the Permit Area.
1.1. The Permit shall carry with it the right to mark the location of the Permit Area by
suitable markers at locations which shall not interfere with County’s reasonable use of the Permit
Area.
1.2. County reserves the right to full use and enjoyment of the Permit Area, except for the
3
55880.00900\42505462.1
purposes described above and herein granted to OC SAN, provided that County’s use and enjoyment
shall not materially hinder, conflict, or interfere with the exercise of OC SAN’s rights hereunder,
unless otherwise approved by OC SAN.
1.3 OC SAN shall be responsible for the maintenance, detection and notification of any
defects or problems, including but not limited to leaks, breaks, obstructions and structural failures
of the force sewer main and associated infrastructure. OC SAN shall repair any damage and perform
associated clean up as required by applicable local, state and federal rules and regulations governing
the Permit Area.
2. TERM. The term of the Permit and this Agreement shall be fifty (50) years commencing on
the Agreement Date (“Term”). The Term may be extended upon an express written and recorded
amendment by the Parties.
3. OWNERSHIP AND MAINTENANCE. OC SAN Facilities shall at all times remain the
property of OC SAN notwithstanding OC SAN Facilities may be annexed or affixed to the freehold
and shall at any time and from time to time be removable, in whole or in part, pursuant to repair or
maintenance operations of OC SAN Facilities as deemed necessary by OC SAN in its sole discretion.
OC SAN Facilities shall be operated and maintained by OC SAN according to OC SAN standards
at no cost to County.
4. PERMIT FEE (SRLic-1.8 S)
OC SAN agrees to pay a one-time administrative cost in connection with the processing of this
Agreement in the amount of Five Thousand dollars ($5,000.00) upon execution of this Agreement
by County.
5. REMOVAL/ABANDON IN PLACE. If (a) OC SAN Facilities is ordered to be discontinued
by any governmental authority or court of competent jurisdiction, or (b) the use of OC SAN Facilities
is suspended for a period of more than one year without written notice from the OC SAN to County
of (i) the circumstances affecting such suspension and (ii) OC SAN’s intention to resume usage of
OC SAN Facilities within a one (1) year period, then OC SAN, at written request of the County’s
Chief Real Estate Officer or designee (hereinafter referred to as “CREO”), and at no cost to County,
shall, within one (1) year of such notice, (x) re-commence operations of the respective OC SAN
Facilities or (y) commence either the removal or abandonment in place, at OC SAN’s sole discretion,
of the discontinued/suspended OC SAN Facilities. The OC SAN shall provide written notice of its
election to the CREO within said one (1) year period; failure to timely respond shall be deemed OC
SAN’s election to abandon said OC SAN Facilities. Should OC SAN elect to remove/abandon in
place, OC SAN shall use good faith, best efforts to complete the removal or abandonment within one
(1) year of the end of said one (1) year period. Notwithstanding anything else herein to the contrary,
if OC SAN elects removal, OC SAN, at no cost to County, shall restore the disturbed surface of the
affected Permit Area, to the extent provided in Section 1, within the time periods set forth herein.
Should OC SAN elect to abandon in place, OC SAN take all reasonable steps to ensure OC SAN
Facilities are secured and kept in a condition that shall not result in any interference of County’s
use of the area or result in any damage, including but not limited to unreasonable environmental
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contamination as set forth by law or any regulation set forth by any governmental agency with
applicable jurisdiction. If at any time OC SAN Facilities are deemed unsafe or otherwise ordered
to be removed by a court of competent jurisdiction or removal is the most feasible means to comply
with a court order or any regulatory agency’s directions, then OC SAN shall comply with, and be
financially responsible for, complying with such orders or directions. All terms of this Permit
related to OC SAN’s requirements to indemnify and hold County harmless shall survive termination
of this Permit as it relates to the abandonment or removal of OC SAN’s Facilities. Upon request by
County, OC SAN shall also execute and record in the Official Records of Orange County,
California, a quitclaim agreement sufficient to remove the encumbrance of this Agreement from
title to the Permit Area.
6. REVISION OF PERMIT AREA. In the event the attached Exhibit C is subsequently
determined by the Parties to inaccurately describe the location of OC SAN Facilities, the Parties agree
that an Amended Exhibit C approved in writing by the Parties will be immediately prepared and
recorded by OC SAN, which will replace and supersede Exhibit C. Amended Exhibit C will not
affect, alter, or change the Permit. Furthermore, the Permit will be deemed to be amended and will
relate back and be in place as of the initial date of this Permit prior to the amendment of Exhibit C.
7. RELEASE OF LIABILITY. OC SAN hereby releases and waives all claims and recourse
against County whatsoever, including the right of contribution for loss or damage of persons or
property, including, but not limited to, County, its officials, officers, agents, employees, and
contractors arising from, growing out of, or in any way connected with or related to this Agreement
and Permit, except claims or recourse arising from the willful misconduct or active or sole
negligence of County, its elected or appointed officials, officers, agents, employees and contractors.
7.1 OC SAN acknowledges that it is familiar with the language and provisions of California Civil
Code Section 1542 which provides as follows:
A general release does not extend to claims that the creditor or releasing party
does not know or suspect to exist in his or her favor at the time of executing
the release and that, if known by him or her, would have materially affected
his or her settlement with the debtor or released party.
OC SAN, being aware of and understanding the terms of Section 1542, hereby waives all benefit of
its provisions to the extent described in this paragraph.
8. MECHANICS LIENS OR STOP-NOTICES (SRLic-2.6 S)
OC SAN shall at all times indemnify, defend with counsel approved in writing by County and save
County harmless from all claims, losses, demands, damages, cost, expenses, or liability costs for
labor or materials in connection with maintenance, construction, repair, alteration, or installation of
structures, improvements, equipment, or facilities within the Permit Area, and from the cost of
defending against such claims, including attorneys’ fees and costs.
In the event a lien or stop notice is imposed upon the Permit Area as a result of such construction,
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55880.00900\42505462.1
repair, maintenance, alteration, or installation, OC SAN shall either:
A. Record a valid Release of Lien, or
B. Procure and record a bond in accordance with Division 4, Part 6, Title 2 of the Civil Code,
which frees the Permit Area from the claim of the lien or stop-notice and from any action
brought to foreclose the lien.
Should OC SAN fail to accomplish either of the two optional actions above within fifteen (15) days
after the filing of such a lien or stop notice, OC SAN shall be in default and this Agreement and
Permit shall be subject to immediate termination by the County.
9. INDEMNIFICATION. OC SAN hereby agrees to indemnify, hold harmless, and defend with
counsel approved by County, County, its elected or appointed officials, officers, agents, employees
and contractors, against any and all third-party claims, losses, demands, damages, cost, expenses,
maintenance, construction, repair, alteration or installation of structures or liability for injury to any
persons or property, including, but not limited to, County, its officials, officers, agents, employees,
and contractors arising out of the operation, removal, abandonment, or maintenance of OC SAN
Facilities, and/or OC SAN’s exercise of the rights under the Permit, except for liability arising out of
the willful misconduct or active or sole negligence of County, its elected or appointed officials,
officers, agents, employees and contractors), including the cost of defense of any lawsuit arising
therefrom.
9.1. If County is named as co-defendant in a lawsuit, except for a lawsuit arising out of the
County’s willful misconduct or active or sole negligence, OC SAN shall notify County of such fact
and shall represent County in such legal action unless County undertakes to represent itself as co-
defendant in such legal action, in which event, OC SAN shall pay to County its reasonable
litigation costs, expenses, and attorney’s fees. If judgment is entered against County and OC SAN by a court
of competent jurisdiction because of the active negligence of County and OC SAN, County and OC SAN
agree that liability will be apportioned as determined by the court. Neither Party shall request a jury
apportionment.
10. LIABILITY FOR HAZARDOUS OR TOXIC MATERIALS. The OC SAN shall not cause
any “Hazardous Material” as hereinafter defined, or permit any Hazardous Material by an OC SAN
employee, contractor, subcontractor, or agent, to be brought upon, kept, or used in or about the
Permit Area without the County’s written permission, except wastewater being transported via OC
SAN Facilities in compliance with all applicable laws, rules, orders or ordinances. If OC SAN
breaches the obligations stated herein, or if contamination of the Permit Area by Hazardous Material
otherwise occurs for which OC SAN is legally liable to County for damage resulting therefrom,
then OC SAN shall indemnify, defend with counsel approved by County, and hold County, and
their elected or appointed officials, officers, employees, and agents harmless from any and all claims,
judgments, damages, penalties, fines, costs, liabilities, or losses (including without limitation,
diminution in value of the Permit Area, sums paid in settlement of claims, attorney fees, consultant
fees, and expert witness fees) caused by OC SAN’s use of the Permit Area as a result of such
contamination.
10.1. This indemnification includes, without limitation, costs incurred by County in connection
with any investigation of site conditions or any cleanup, remedial, removal, or restoration work
required by any federal, state, or local governmental entity or agency because of Hazardous Material
6
55880.00900\42505462.1
being present in the soil or ground water under the Permit Area. OC SAN shall promptly take all
action, at its sole cost and expense, as is necessary to clean, remove, and restore the Permit Area to
its condition prior to the introduction of such Hazardous Material by OC SAN, provided OC SAN
shall first have obtained County’s written approval and the approval of any necessary governmental
entities or agencies.
10.2. As used herein, the term “Hazardous Material” does not include material used for the
standard operation, maintenance, repair, replacement, alteration, or relocation of OC SAN
Facilities, but otherwise means any hazardous or toxic substance, material, or waste which is or
shall become regulated by any governmental entity or agency, including without limitation, County
acting in its governmental capacity, the State of California, or the United States government.
11. EXCEPTIONS AND RESERVATIONS. This Agreement is subject to existing contracts,
leases, licenses, easements, encumbrances, and claims which may affect the Permit Area (“Existing
Encumbrances”), and the use of the word “grant” herein shall not be construed as a covenant
against the existence of any thereof.
12. PERMITS AND LICENSES
OC SAN shall be required to obtain and maintain throughout the Term of this Agreement any and
all permits and/or licenses, such as, but not limited to Coastal Development Permit, which may be
required in connection with the operation of the Permit Area as set out herein. Any terms or
conditions placed upon OC SAN shall be the sole responsibility of OC SAN. No permit,
approval, or consent given hereunder by County, in its governmental capacity, shall affect or limit
OC SAN’s obligations hereunder, nor shall any approvals or consents given by County, as a Party
to this Agreement, be deemed approval as to compliance or conformance with applicable
governmental codes, laws, rules, or regulations.
GENERAL PROVISIONS
13. INCORPORATION OF RECITALS. The Recitals set forth above are true and correct and
are hereby incorporated by reference as though fully set forth herein.
14. SEVERABILITY. If any term, covenant, condition, or provision of this Agreement is held by
a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the
provisions hereof shall remain in full force and effect to the fullest extent permitted by law, and the
Parties shall negotiate in good faith to replace the unenforceable provision(s) in accordance with
the original purpose and intent of this Agreement as set forth in the above Recitals.
15. SUCCESSORS AND ASSIGNS. The terms, conditions and provisions of this Agreement shall
inure to the benefit of, and be binding upon, the Parties and their respective successors and assigns.
16. ENTIRE AGREEMENT AND CONSTRUCTION. This Agreement contains the entire
agreement between the Parties with respect to the matters herein and there are no restrictions,
7
55880.00900\42505462.1
promises, warranties or undertakings other than those set forth or referred to herein. The Agreement
will be construed and interpreted as drafted by both Parties.
17. ATTORNEY’S FEES. In any action or proceeding brought to enforce or interpret any
provision of this Agreement, or where any provision hereof is validly asserted as a defense, each
party shall bear its own attorneys’ fees and costs. This Section shall survive the expiration or
termination of this Agreement.
18. AMENDMENTS. Except as expressly set forth herein, no alteration or variation of the terms
of this Agreement shall be valid unless made in writing and signed by the Parties, and no oral
understanding or agreement not incorporated herein shall be binding on any of the Parties. Any
amendment or cancellation of this Agreement shall be recorded in the Official Records of the
County of Orange.
19. WAIVER OF RIGHTS. The failure of the Parties to insist upon strict performance of any of
the terms, covenants, or conditions of this Agreement shall not be deemed a waiver of any right or
remedy that the Party may have, and shall not be deemed a waiver of the right to require strict
performance of all the terms, covenants, and conditions of the Agreement thereafter, nor a waiver
of any remedy for the subsequent breach or default of any term, covenant, or condition of the
Agreement.
20. VENUE. This Agreement has been negotiated and executed in the State of California and shall
be governed by and construed under the laws of California. In the event of any legal action to
enforce or interpret this Agreement, the sole and exclusive venue shall be a court of competent
jurisdiction located in Orange County, California, and the Parties hereby submit to the jurisdiction
of such court, notwithstanding Code of Civil Procedure Section 394.
21. NOTICES. All notices, documents, correspondence, and communications concerning this
Agreement shall be addressed as set forth in this paragraph, or as the Parties may hereafter designate
by written notice, and shall be sent through the United States mail, duly registered or certified with
postage prepaid. Any such mailing shall be deemed served or delivered 24 hours after mailing.
Notwithstanding the above, the Parties may also provide notices, documents, correspondence, or
such other communications to the other Party by personal delivery, regular mail, or facsimile and,
so given, shall be deemed to have been given upon receipt if provided by personal delivery or
facsimile, or 48 hours after mailing if provided by regular mail.
OC SAN:
Orange County Sanitation District
Clerk of the Board
18480 Bandilier Circle
Fountain Valley, CA 92708
8
55880.00900\42505462.1
COUNTY:
County of Orange c/o CEO Real Estate
Attn: Chief Real Estate Officer
County Administration North
400 W. Civic Center Dr., Fifth Floor
Santa Ana, CA 92701
And
OC Parks
Attn: Director
13042 Old Myford Rd.
Irvine, CA 92602
22. FURTHER COOPERATION. The Parties agree to execute, acknowledge if appropriate, and
deliver any and all documents and cooperate in performing any and all acts in any commercially
reasonable manner as may be necessary to carry out the intent of this Agreement, as set forth in the
Recitals, and to implement the terms and conditions of this Agreement.
23. COUNTERPARTS. This Agreement may be executed in counterparts, which, when taken
together, shall constitute one agreement, binding upon the Parties.
24. RECORDATION. This Agreement shall be recorded with the Orange County Recorder’s
Office. Each Party agrees to provide such original and notarized signatures as are required for such
recording.
25. ATTACHMENTS TO UTILITY PERMIT AGREEMENT(SRLic-5.9S)
This Agreement includes the following, which are attached hereto and made a part hereof:
I. EXHIBITS
Exhibit A – Tideland Map
Exhibit B – Cross Section Depiction
Exhibit C – Depiction of Permit Area
9
55880.00900\42505462.1
IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first above
written.
APPROVED AS TO FORM:
OFFICE OF COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
By:
Deputy
RECOMMENDED FOR APPROVAL:
County Executive Office
By:
Real Estate Manager
ORANGE COUNTY SANITATION DISTRICT
By:
Ryan P. Gallagher
Board Chairman
ATTEST: ____________________________
Kelly A. Lore, MMC
Clerk of the Board
APPROVED AS TO FORM:
By:
Scott C. Smith, General Counsel
SIGNED AND CERTIFIED THAT A
COPY OF THIS DOCUMENT HAS BEEN
DELIVERED TO THE CHAIR OF THE
BOARD PER GC § 25103, RESO. 79-1535
Attest:
ROBIN STIELER
Clerk of the Board of Supervisors
of Orange County, California
COUNTY
COUNTY OF ORANGE
Chair of the Board of Supervisors
Orange County, California
55880.00900\42505462.1
EXHIBIT A
Tideland Map
10
Approximate Location
of Force Main
55880.00900\42505462.1
EXHIBIT B
Cross Section Depiction
55880.00900\42505462.1
EXHIBIT C
Depiction of Permit Area
STEERING COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2024-3764 Agenda Date:8/28/2024 Agenda Item No:6.
FROM:Robert Thompson, General Manager
Originator: Jennifer Cabral, Director of Communications
SUBJECT:
UPDATE TO RULES OF PROCEDURE FOR THE CONDUCT OF BUSINESS OF THE ORANGE
COUNTY SANITATION DISTRICT
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve moving the consideration of legislative and public affairs matters from the Steering
Committee to the Administration Committee; and
B. Adopt Resolution No. OC SAN 24-09 entitled: “A Resolution of the Board of Directors of the
Orange County Sanitation District establishing Rules of Procedure for the Conduct of Business
of the Orange County Sanitation District, and repealing Resolution No. OC SAN 22-37”.
BACKGROUND
The Legislative and Public Affairs Committee (LaPA)began in September 2013 as a Special
Committee.In January 2015,Board leadership directed staff to establish LaPA as a Standing
Committee.The Committee met seven times per year to provide updates and make
recommendations on matters related to the legislative and public affairs programs of the Orange
County Sanitation District (OC San).In December 2022,the Board of Directors sunsetted the
committee and moved the legislative and public affairs business to the Steering Committee’s
authority.
RELEVANT STANDARDS
·Ensure the public’s money is wisely spent
·Maintain a culture of improving efficiency to reduce the cost to provide the current service level
or standard
·Maintain influential legislative advocacy and a public outreach program
PROBLEM
The allowable time for the legislative and public affairs business to be highlighted is not sufficient
during the Steering Committee meetings.
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File #:2024-3764 Agenda Date:8/28/2024 Agenda Item No:6.
PROPOSED SOLUTION
Move the purview of the legislative and public affairs business to the Administration Committee’s
authority,which will allow extended time for presentation and consideration of legislative and public
affairs matters.
Staff will continue to keep the Board informed of legislative and public affairs activities by moving the
items to the Board for approval as receive and file.This solution requires that the Board of Directors
Rules of Procedure Resolution be modified. The proposed Resolution is attached.
TIMING CONCERNS
N/A
RAMIFICATIONS OF NOT TAKING ACTION
N/A
PRIOR COMMITTEE/BOARD ACTIONS
December 2022 -Adopted Resolution No.OC SAN 22-37 entitled,“A Resolution of the Board of
Directors of the Orange County Sanitation District establishing Rules of the Procedure for the
Conduct of Business of the Orange County Sanitation District;and repealing Resolution No.OC SAN
21-04”.
FINANCIAL CONSIDERATIONS
N/A
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Resolution No. OC SAN 24-09 - Redline
·Resolution No. OC SAN 24-09 - Clean
Orange County Sanitation District Printed on 8/20/2024Page 2 of 2
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OC SAN 22-
3724-09-17
RESOLUTION NO. OC SAN 22-3724-09
A RESOLUTION OF THE BOARD OF DIRECTORS OF
ORANGE COUNTY SANITATION DISTRICT
ESTABLISHING RULES OF PROCEDURE FOR THE
CONDUCT OF BUSINESS OF THE ORANGE COUNTY
SANITATION DISTRICT, AND REPEALING RESOLUTION
NO. OC SAN 21-0422-37
WHEREAS it is necessary to establish rules of procedure to facilitate the orderly
handling of business to come before the Orange County Sanitation District (OC San)
Board of Directors and Standing, Steering, Special and Ad Hoc Committees.
NOW THEREFORE, the Board of Directors of the Orange County Sanitation
District DOES HEREBY RESOLVE, DETERMINE AND ORDER:
Section 1: Rules of Procedure. That the following rules of procedure be
adopted for the conduct of business of the Orange County Sanitation District (Sanitation
District):
A. Regular Meetings. There shall be a regular monthly meeting of the Board
of Directors of OC San on the fourth Wednesday of every month at 6:00 p.m., in the
Administrative Offices of OC San, located at 10844 Ellis Avenue,18480 Bandilier Circle,
Fountain Valley, California; provided, however, if the fourth Wednesday of the month
falls upon a legal holiday, said monthly meeting shall be held on the next day thereafter,
at the same time and place, unless the Board of Directors adjourns to a different date
and time.
The Board of Directors may adjourn any regular, special or adjourned special
meeting to a time and place certain, as specified in the order of adjournment.
B. Special Meetings. A special meeting of the Board of Directors may be
called in either one of the following ways:
(1) By the Chairperson of the Board of Directors; or
(2) By the written request of a majority of the Steering Committee
delivered to the Clerk of the Board.
The call or notice for special meeting shall be in writing and delivered electronically
or by mail at least twenty-four (24) hours before the time of such meeting, as specified in
the notice. Any notice deposited in the regular mail addressed to a Director at the address
he or she has on file with the Clerk of the Board postage prepaid, sixty (60) hours in
advance of any such meeting as specified in the notice, shall be presumed to have been
delivered. If the notice is delivered electronically, the Clerk of the Board should use an
electronic “read receipt” to ensure delivery. If a Director has not read the notice, the Clerk
OC SAN 22-
3724-09-2
will diligently attempt to contact the Director by telephone as soon as possible after the
publication of the notice.
The call or notice shall specify the time and place of the special meeting, a
description of the business to be transacted and copies of all pertinent material.
Such notice may be dispensed with as to any Director or Alternate Director who,
at or prior to the time the meeting convenes, files with the Clerk of the Board a written
waiver of notice. Such waiver may be given by facsimile or electronic mail. Such notice
may also be dispensed with as to any member who is actually present at the meeting at
the time it convenes. The Clerk of the Board shall diligently attempt to notify each Director
personally of the time, place and purpose of said meeting, not less than twenty-four (24)
hours before the time of said meeting.
The call or notice shall be posted in the administrative offices’ public lobby and in
a location freely accessible to the public at least twenty-four (24) hours prior to the special
meeting.
C. Meetings Adjourned by Clerk of the Board. If at any regular, adjourned
regular, special or adjourned special meeting there is not a quorum of Directors present,
the Clerk of the Board may declare the meeting adjourned to a stated time and place and
shall cause written notice of the adjournment to be given in the same manner as for a
special meeting, unless such notice is waived as provided for in special meetings. Within
twenty-four (24) hours after the time of the adjournment, a copy of the order or notice of
adjournment shall be conspicuously posted on or near the door of the place where the
meeting was held and, in a location, freely accessible to the public.
D. Notices to News Media. When any local newspaper of general circulation,
radio or television station requests, in writing, notices of meetings of the Board of
Directors, the Clerk of the Board shall thereafter, until receipt of a notice terminating said
request, deliver notices of regular, regular adjourned and special adjourned meetings to
such newspapers, radio or television stations. Delivery shall be made in the same manner
as delivery is made to the Directors.
E. Conduct of Meetings.
(1) Procedural Rules. The procedural rules for debate and action shall
be as set forth in Table 1, attached hereto and adopted herein by reference. Robert’s
Rules of Order shall not be applicable or govern the procedures for the conduct of OC
San business.
(2) Legal Officer. In any case of ambiguity or uncertainty in the
interpretation or application of these Rules to any procedure, the presiding officer may
direct such question for a ruling to the Board’s General Counsel, who shall be the
parliamentarian of the Board.
OC SAN 22-
3724-09-3
(3) Obtaining the Floor and Making Motions. Any member of the Board
wishing to speak, or any member of the public wishing to address the Board, must first
be recognized by the Chairperson. The Chairperson must recognize any member of the
Board who seeks the floor when appropriately entitled to address the Board.
Any member of the Board, including the Chairperson, may bring a
matter of business properly before the Board by making a motion. Any member, including
the Chairperson, except the member making the motion, may second the motion. Once
a motion is seconded, it may be opened for discussion and debate, in accordance with
the procedures in Subsection (4) below.
(4) Rules for Discussion, Debate and Deliberation by the Board. The
procedures for consideration and action on all matters to come before the Board shall be
in compliance with the terms of this Section, as follows:
(a) Each item on the Agenda will be introduced in a form of a
report by either the General Manager, a member of the Executive Management Team,
General Counsel, Special Counsel, or the Clerk of the Board.
(b) Upon completion of the report, the Chairperson will allow for
direct questions regarding the item, by Directors, each in turn, and in the order as selected
by the Chairperson.
(c) Upon completion of the question period, the Chairperson will
entertain a motion and second for consideration by the Board.
(d) Discussion among the Directors will follow. Each Director will
be recognized to address the Board in the order selected by the Chairperson, with a five
(5) minute time limit for each Member wishing to speak on the Agenda item, unless the
time limit is waived by the Chairperson. Directors should limit comment to the subject
matter, item, or motion currently being considered. There will be no interruptions of the
Director who has been recognized. Attempted interruptions will be declared out-of-order,
and the Director attempting to interrupt will be asked to remain silent until recognized.
(e) As an additional courtesy to everyone, repetition of comments
will be discouraged in the interest of time and, at the discretion of the Chairperson, can
be declared out-of-order.
(f) After each Member who wishes to speak has been recognized
and completed their remarks, a single three (3) minute period of rebuttal will be allowed
any Director, unless the time limit is waived by the Chairperson.
(g) If it appears to the Chairperson that any Director is pursuing a
line of questioning or commentary due to lack of preparation or prior review with OC San’s
Staff, the Director’s time will be declared to have been used up, and no further inquiry will
be allowed.
OC SAN 22-
3724-09-4
(h) Upon adoption of a motion on an Agenda item, there will be
no further discussion of that item.
(5) Decorum in Debate. All Members shall address their remarks to the
Chairperson and confine them to the business then pending and subject to discussion
before the Board, avoiding personalities and reflections upon anyone’s motives.
(6) Closing or Limiting Debate. At all times, the Board shall endeavor to
allow free and open debate among Members of the Board. However, in the discretion of
the Chairperson, it may become necessary to close or limit debate, so that action can be
taken by the Board. An order by the Chairperson closing or limiting the debate can only
be set aside by a majority vote of the Board.
F. Quorum. A majority of the Directors shall constitute a quorum of the Board.
G. Chairperson and Vice Chairperson of the Board. A Chairperson and Vice
Chairperson of the Board shall be elected by a majority vote of Directors at the regular
meeting in June of each year and will assume office July 1st. The nominations for
Chairperson and Vice Chairperson shall be made at the regular Board meeting in May of
each year. Any person nominated for Chairperson shall be deemed to be nominated for
Vice Chairperson in the event the person is not elected as Chairperson. Thereafter, the
nominees shall prepare a statement setting forth their qualifications for the office sought.
The statements should be forwarded to the Clerk of the Board who will in turn forward by
electronic mail to the members of the Board of Directors with the Agenda and other
meeting material for the June regular meeting. If only one individual is nominated for
Chairperson at the regular Board meeting in May, that individual shall be deemed elected
as Chairperson, no election shall be held in June, and the individual shall assume office
July 1st. If only one individual is nominated for Vice Chairperson at the regular Board
meeting in May, that individual shall be deemed elected as Vice Chairperson, no election
shall be held in June, and the individual shall assume office July 1st.
The Chairperson and Vice Chairperson shall serve at the pleasure of a majority of
the Directors. In the event the office of Chairperson becomes vacant due to resignation
or retirement of the incumbent prior to the expiration of the regular term, the Vice
Chairperson shall automatically succeed to the office of the Chairperson and shall
continue to serve through the remainder of the regular term unless sooner removed by
action of a majority of the Directors. In the event the office of Vice Chairperson becomes
vacant prior to the expiration of the regular term, nominations, and the election of a
Director to serve in that capacity shall be conducted at the next regular Board meeting.
The person so elected shall serve the balance of the regularly scheduled term unless
sooner removed as a result of action by a majority of the Directors.
The Chairperson shall not serve more than two consecutive one-year terms for
which they have been elected to the office of Chairperson. The Vice Chairperson shall
OC SAN 22-
3724-09-5
not serve more than two consecutive one-year terms for which they have been elected to
the office of Vice Chairperson.
H. Presiding Officer. The Chairperson of the Board shall preside during
meetings of the Directors. In the absence of the Chairperson, the Vice Chairperson shall
preside.
I. Clerk of the Board and Minutes. The Board of Directors shall have a person
designated to serve as Clerk of the Board. The Clerk of the Board will be appointed to
the position by the General Manager and shall report to the General Manager or their
designee. The Clerk of the Board will be a regular full-time employee, subject to all the
rules and policies applicable to all regular full-time employees. The Clerk of the Board
shall attend all meetings of the Board of Directors, unless excused by the Chairperson,
and shall prepare an accurate record of each meeting for submission to the Directors and
subsequent approval at the following meeting; provided, however, that when an
adjourned, special or special adjourned meeting of the Board of Directors immediately
precedes a regular meeting, Minutes of said meeting shall be submitted for approval at
the next meeting of the Board following said regular meeting.
In the preparation of Official Minutes of a meeting of the Board of Directors, the
Clerk of the Board will not record the name of the Director who moves or who seconds
the adoption of a motion or Resolution but will reflect the votes by name of each Director
on each item brought before the Board.
In the absence of the Clerk of the Board, an Assistant Clerk of the Board shall be
appointed to exercise the duties of the Clerk of the Board.
J. Regular Business to Come Before the Board of Directors. Insofar as
practicable, all items of business to be taken up at a regular meeting of the Board shall
be submitted to the Clerk of the Board, who shall include the Agenda all such items
submitted by Directors, the General Manager and General Counsel, and all formal
communications. The General Manager, in consultation with the Board Chairperson and
Board Vice Chairperson, shall determine agenda items for OC San Board of Director
Meetings. Directors should prepare in advance of meetings and be familiar with items on
the agenda. Directors shall make a reasonable effort to meet with the General Manager
or related staff before meetings to receive answers to questions regarding the agenda.
The Order of Business on the agenda for regular meetings of the Board of Directors
shall be:
i. Call to Order
i.
ii. Invocation and Pledge of Allegiance
iii. Roll Call and Declaration of Quorum
iv. Public Comment - Pursuant to the Brown Act, public comment will be
allowed on items on the Board/Committee agendas at the beginning
of the meeting either on agenda items or general comments within
Formatted: Not Expanded by / Condensed by
Formatted: Right, Indent: Left: 2.11", No bullets or
numbering
OC SAN 22-3724-
09-6
the subject matter jurisdiction of OC San. Public comments are
limited to no more than three minutes each. Individuals desiring to
speak are encouraged to submit a request to speak card or place an
eComment online to the Clerk of the Board.
v. Special Presentations - Special presentations shall be scheduled as
necessary in recognition of employee or Director service, or other
requested presentations. Requests for special presentation must be
submitted to the Clerk of the Board in writing in advance of the
agenda publication deadline. The Clerk of the Board will coordinate
the scheduling of presentations with the Board Chairperson.
vi. Board Chairperson / General Manager Reports - The reports portion
of the meeting provides the Chairperson and the General Manager
the opportunity to briefly comment on OC San business, operations,
projects and other items of interest.
vii. Public Hearings - Public Hearings may be required on certain items
as prescribed by state or federal law. The regular time for public
hearings is established by this resolution.
viii. Elections – Annually or when deemed necessary.
ix. Consent Calendar - Items on the Board/Committee Agenda which
are considered to be of a routine nature by the General Manager
shall be listed on the “Consent Calendar.” These items shall be
approved, adopted, etc. by one motion of the Board and majority
vote.
Directors may comment on Consent Calendar items or ask for minor
clarifications without the need for pulling the item for separate
consideration. Items requiring deliberation should be pulled for
separate consideration.
x. Receive and File - Items that require no action; and if no objection,
the Chairperson may so order.
xi. Committee Items – Items approved at the monthly Committee
meetings are brought forward under each Standing Committee title
on the agenda for Board approval. These items may be treated as
a consent calendar by one motion of the Committee and majority
vote.
xii. Non-Consent – Items on the Board/Committee Agenda which have
not been previously considered and require study, report, or action.
OC SAN 22-3724-
09-7
xiii. Information Items – Educational or Items of interest that require no
action.
xiv. AB 1234 Disclosure Reports – This item allows Board members to
provide a brief oral report regarding the disclosure of outside
committees, conferences, training, seminars, et. Attended at the
Agency’s expense, per Government Code §53232.3(d).
xv. Closed Session - During the course of conducting the business set
forth on an agenda as a regular meeting, the Chairperson may
convene the Board/Committee in closed session pursuant to
pursuant to Government Code Sections 54956.8, 54956.9, 54957 or
54957.6, as noted.
All written materials and verbal information regarding closed session
items shall remain confidential. No member of the Board of Directors,
employee of OC San, or any other person present shall disclose to
any person the content or substance of any discussion which takes
place in a closed session unless authorized by General Counsel and
a majority of the Board of Directors.
xvi. Other Business and communications or Supplemental agenda items
– Prior to adjournment, the Board Chairperson will inquire if there is
any other business to bring before the meeting.
xvii. Board of Directors initiated items for a future meeting - This portion
of the meeting allow Directors to request an agenda item for a future
meeting. If the Board Chair or a majority of the body indicates
support for the request at that time, then the item shall be placed on
a future agenda. Upon support for the request, the Board of
Directors/Committee will provide direction to staff on the information
that is desired to be presented when the item is placed on a future
agenda.
xviii. Adjournment
The Board Chairperson shall have the discretion to change the order of business.
The Clerk of the Board shall electronically mail to each Director a notice of such
regular meetings, together with a proposed Agenda, not later than the Friday immediately
preceding such regular meetings. Said Agenda, insofar as possible, shall include copies
of Resolutions, except as hereafter provided, and a description of all matters to be
considered, together with any additional pertinent material.
Agendas shall be posted in a location freely accessible to the public not less than
seventy-two (72) hours in advance of the meeting.
OC SAN 22-3724-
09-8
Resolutions designated as “standard” and adopted by the Board of Directors from
time to time, and approved as to form and content, need not be included with said Agenda;
provided, however, that the information completing said standard Resolutions shall be set
forth on the Agenda listing, and copies of said standard Resolutions shall be on file with
the Clerk of the Board at the meeting time and place.
Items of business not known at the time the regular Agenda is electronically mailed
as herein provided, may be considered as supplemental Agenda items; provided that all
requirements of the Ralph M. Brown Act (California Government Code Sections 54950 et
seq.) are satisfied.
No business, except with consent of two-thirds of the Directors present (a majority
of Directors present for emergency actions), and only if permitted by the Ralph M. Brown
Act, not appearing on the regular or supplemental Agendas may be brought before the
Board of Directors.
The meeting Agenda shall provide for an opportunity for members of the public to
address the Board on items on the Agenda and non-Agenda items of public interest. As
determined by the Chairperson, speakers may be deferred until the specific Agenda item
is taken for discussion, and remarks may be limited to three (3) minutes. Speakers on
non-Agenda items may address only items that are within the subject matter jurisdiction
of the Board of Directors. Time allotted for such presentations is limited to three (3)
minutes or less. Total time allotted for all public input on each non-Agenda item is limited
to thirty (30) minutes to one (1) hour, taking into consideration the number of persons
filing a request to address the Board. However, time allotments may be waived by a
majority vote of the Board.
K. Handling of Business and Voting. During the course of a Board meeting,
routine matters listed on the Agenda for consideration will be referred to by Agenda Item
Number only.
Voting on all Resolutions shall be by roll call, except if waived by unanimous voice
vote, in which event, the Chairperson may order a unanimous ballot cast in favor of the
motion or Resolution under discussion. The name of each Director shall be called only
once.
On matters of considerable interest or on which there appears to be a controversy,
the motion or Resolution shall be read by title or repeated by the Chairperson. The
Chairperson shall thereafter call for discussion of the motion or Resolution, at which time
any member may discuss the pending matter. Any person other than a Director present
at the meeting may speak on the motion if recognized by the Chairperson. Sole discretion
as to the extent of discussion outside of the membership of the Board shall rest with the
Chairperson. At the close of discussion, the Chairperson may, at the Chairperson’s
discretion, repeat the motion or Resolution pending, and thereafter, call for a vote.
OC SAN 22-3724-
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The Clerk of the Board shall determine and state whether or not a motion or
Resolution is adopted by roll call vote. On all other matters, the Chairperson shall
determine the outcome of the voting.
L. Committees.
(1) Standing Committees.
(a) Steering Committee: There shall be a permanent Committee
designated as the Steering Committee, comprised of the Chairperson of the Board, the
Vice Chairperson of the Board, the Chairperson of each of the Standing Committees and
three at-large members selected by the Chairperson of the Board. The Vice Chairperson
of each of the Standing Committees shall serve as the designated Alternate, in the
absence or inability to serve by any Chairperson. In the absence or inability of any
designated member of the Steering Committee to serve, his/her city/agency appointed
Alternate Director may not serve in that member’s absence.
The Committee shall conduct an annual performance evaluation of the
General Manager and submit recommendations on their compensation to the Board of
Directors. The Committee shall also review the General Manager’s evaluation and
compensation of the executive management employees, based on established criteria,
and executive management’s goals and objectives for the following year.
The Committee shall also conduct an annual performance evaluation of
General Counsel and submit recommendations to the Board of Directors as provided by
Resolution No. OCSD 12-03.
The Committee shall make recommendations to the Board of Directors on labor
negotiations and other related activities as may be needed or appropriate.
The Committee shall also be authorized to assign new subjects of significant
importance to the appropriate Standing Committee for study, evaluation and
recommendation.
The Committee shall review issues pertaining to the impact on OC San of
legislative and regulatory proposals and submit appropriate recommendations on the
matters.
The Committee shall also be responsible for overseeing the contractual
arrangements with OC San’s legislative advocates to provide advocacy services in
Sacramento and Washington, D.C. In carrying out its responsibilities, the Committee
shall receive regular status reports from the advocates and staff and monitor and
recommend positions on legislative and regulatory proposals.
OC SAN 22-3724-
09-10
The Committee shall also review issues pertaining to OC San’s public outreach,
branding, and communications activities, evaluate alternatives and make
recommendations to the Board of Directors.
The Steering Committee shall meet on the fourth Wednesday of each month at
5:00 p.m. preceding the Board’s meeting, or at the call of the Chairperson of the Board of
Directors.
(b) Administration Committee: There shall be a permanent
Administration Committee (Finance & Administrative Services, Environmental Services,
and Human Resources) to advise the Staff and make recommendations on matters
related to the financial, budgeting, administrative, environmental and personnel policies
and programs of OC San.
The Committee shall review with the Staff the procedures for development,
preparation and format of the annual budget and recommend appropriate change, and
counsel the Staff during the budget process to assure the proper interpretation and
implementation of the Board’s policies and that the desired procedures have been
followed.
The responsibility for consideration and adoption of OC San budget rests with the
Board of Directors.
The Committee shall periodically interview and recommend the selection of outside
auditors. The Committee shall review the result of the annual audit of OC San’s accounts
with representatives of the outside audit firm, including any comments received
recommending improvements. The Committee shall review management’s response to
these comments and make appropriate recommendations for implementation.
Periodically, the Committee shall recommend employment of an outside firm to
audit internal control procedures to safeguard the assets of OC San.
The Committee shall interview and make recommendations on the employment of
investment-banking firms, bond counsel and, if necessary or desired, financial advisors,
to be used in connection with OC San’s financing programs.
The Committee shall periodically coordinate recommendations on personnel
audits of OC San’s operations or segments of the operations on an as-needed basis.
The Committee shall make recommendations on personnel policies and
procedures, insurers and coverage, procurement procedures and such other related
activities as may be needed or appropriate.
The Committee shall also review issues pertaining to OC San’s National Pollutant
Discharge Elimination System (NPDES) Ocean Outfall Discharge Permit, including
annual review of the contractor(s) performing the ocean monitoring and research
OC SAN 22-3724-
09-11
programs required as a condition of said permit, and related issues regarding protection
of the marine waters off metropolitan Orange County’s coastline from impacts resulting
from OC San’s operations and discharge of treated wastewater.
The Committee shall review issues pertaining to the impact on OC San of
legislative and regulatory proposals and submit appropriate recommendations on the
matters.
The Committee shall also be responsible for overseeing the contractual
arrangements with OC San’s legislative advocates to provide advocacy services in
Sacramento and Washington, D.C. In carrying out its responsibilities, the Committee
shall receive regular status reports from the advocates and staff and monitor and
recommend positions on legislative and regulatory proposals.
OC SAN 22-3724-
09-12
The Committee shall also review issues pertaining to OC San’s public outreach,
branding, and communications activities, evaluate alternatives and make
recommendations to the Board of Directors.
The Chairperson of the Board of Directors shall appoint a Committee Chairperson
and a Committee Vice Chairperson for the Administration Committee. The Committee
Chairperson and Committee Vice Chairperson shall serve at the pleasure of the
Chairperson of the Board of Directors.
The Administration Committee shall consist of thirteen members, as follows:
(1) The Chairperson of the Board of Directors;
(2) The Vice Chairperson of the Board of Directors;
(3) The Committee Chair of the Administration Committee;
(4) The Committee Vice Chair of the Administration Committee; and
(5) Nine additional Directors appointed by the Chairperson of the Board of
Directors.
Other than the Board Chairperson and the Board Vice Chairperson, no Director
who serves on the Operations Committee shall be eligible to serve concurrently on the
Administration Committee. In the absence of the Board Chairperson, his or her alternate
Director may attend meetings of the Administration Committee.
The Administration Committee shall meet on the second Wednesday of each
month at 5:00 p.m., or at the call of its Chairperson.
(c) Operations Committee: There shall be a permanent
Committee designated the Operations Committee (Engineering and Operations &
Maintenance). With the goal of compliance with all public health and environmental laws
and regulations, the Operations Committee shall review and submit appropriate
recommendations on the matters pertaining to the operation of OC San wastewater
treatment process, including such matters as current and projected service/flow needs,
level and quality of treatment, conservation, recycling and reuse activities and air quality
issues.
The Committee shall also review matters pertaining to contractual arrangements
by OC San to provide sewerage services to areas outside OC San’s boundaries or
approved spheres of influence.
The Committee shall review plans for the future needs of OC San, explore
alternatives and make recommendations to the Board of Directors.
OC SAN 22-3724-
09-13
The Operations Committee shall also review and submit appropriate
recommendations on matters pertaining to capital projects which address operational
needs, including the selection of professional consulting services to assist in studying,
planning and designing needed OC San wastewater treatment systems and support
facilities, including computerized systems, in accordance with the Board’s established
policies and procedures for procuring such services; the Committee shall further review
construction projects for said facilities in accordance with applicable public works laws
and Board policies. Said oversight shall include the contracts for professional services
and public works construction projects and addenda or change orders thereto. In carrying
out its responsibilities, the Committee shall receive advance notice and regular status
reports on the projects from Staff, and monitor, visit and observe OC San wastewater
systems operational functions and major capital construction projects.
The Chairperson of the Board of Directors shall appoint a Committee Chairperson
and a Committee Vice Chairperson of the Operations Committee. The Committee
Chairperson and Committee Vice Chairperson shall serve at the pleasure of the
Chairperson of the Board of Directors.
The Operations Committee shall consist of fourteen members, as follows:
(1) The Chairperson of the Board of Directors;
(2) The Vice Chairperson of the Board of Directors;
(3) The Committee Chair of the Operations Committee;
(4) The Committee Vice Chair of the Operations Committee; and
(5) Ten (10) additional Directors appointed by the Chairperson of the Board of
Directors.
Other than the Board Chairperson and the Board Vice Chairperson, no Director
who serves on the Administration Committee shall be eligible to serve concurrently on the
Operations Committee. In the absence of the Board Vice-Chairperson, his or her
Alternate Director may attend meetings of the Operations Committee.
The Operations Committee shall meet on the first Wednesday of each month at
5:00 p.m., or at the call of its Chairperson.
(2) Special and Ad Hoc Committees. In addition to the Standing
Committees, the Chairperson of the Board of Directors, the Chairperson of a Standing
Committee or a majority of the Directors, may appoint from time to time, Special or Ad
Hoc Committees to study and report on specific matters. Such Committees shall be
temporary in nature, and their assignments shall pertain to a current, specific issue. Upon
completion of the assigned task, the Ad Hoc or Special Committee will be dissolved.
OC SAN 22-3724-
09-14
The Chairperson and Vice Chairperson of Special and Ad Hoc Committees shall
be appointed by the Chairperson of the appointing authority.
Each Special and Ad Hoc Committee shall meet at the call of its Chairperson.
M. Alternate Directors: If a regular Director cannot attend a meeting of the
Operations Committee, the Administration Committee or the full Board of Directors, the
Director’s alternate may attend in place of his or her regular Director. An alternate
Director may not, however, attend a meeting of any other Committee in the absence of
his or her regular Director. An Alternate Director serving in place of a regular member
shall not act as Chairperson or Vice Chairperson of the Board or any Committee, even if
the absent regular member serves as Chairperson or Vice Chairperson of one of those
bodies. If the regular Director and the Alternate Director are both unable to attend the
meeting, the regular Director may request that the meeting be teleconferenced. The
request may be approved, at the Board Chairperson’s discretion, provided that all
requirements of the Ralph M. Brown Act (California Government Code Sections 54950 et
seq.) are able to be satisfied.
N. Motion to Refer to a Standing Committee. Any Director at a Board or
Committee meeting may move to have a policy or any other activity affecting OC San, or
any one of the member Agencies, referred to a Standing Committee for study and report.
This motion shall be a privileged motion, and when duly seconded, discussion thereof
shall be limited to Directors only. Said motion shall receive an affirmative vote of a
majority of the Directors for adoption.
O. All meetings of the Board of Directors shall be publicly available and recorded.
The audio/video recording of any open and public meeting shall be subject to inspection
pursuant to the California Public Records Act.
Section 2: Procedure for Consideration of Demands for Corrective Action.
A. Requirement of Written Demand. Prior to any person commencing a judicial
action for injunction or mandamus to declare any action taken by the Board void because
of failure to observe Brown Act requirements, such person must first serve upon the Clerk
of the Board a written demand describing the alleged violation and demanding corrective
action. Such demand must be served upon the Clerk of the Board within thirty (30) days
of the complained of action. Failure to serve any such demand within this thirty (30) day
period shall result in the loss of any right to challenge any action to have been taken in
violation of Sections 54953, 54954.2 or 54956 of the California Government Code.
B. Consideration of Corrective Action. Upon receipt of such a demand,
consideration of the demand shall immediately be placed on the Agenda for the next
meeting of the Board of Directors. If the demand is received less than seventy-two (72)
hours prior to the time set for the next meeting, the Board may determine that the notice
constitutes the initiation of litigation, and that the need to take action on the threatened
OC SAN 22-3724-
09-15
litigation arose subsequent to the posting of the Agenda and may consider it at that
meeting pursuant to Section 1(J) above. A description of any item so placed on the
Agenda shall include both consideration of the demand, and the possibility of corrective
action, by the Board.
In considering such demands, the Board shall first determine, by motion,
whether corrective action should be taken. If no motion to take corrective action is carried,
the Clerk of the Board shall inform the demanding party in writing of the Board’s decision
not to cure or correct the challenged action.
C. Implementing Corrective Action. If a motion to take corrective action
passes, the Chairperson may entertain a motion implementing corrective action. Any
motion implementing corrective action shall address the concerns raised in the
consideration of corrective action. The motion implementing corrective action may
include a motion to rescind prior action taken, as appropriate. Passage of a motion to
rescind invalidates prior action only as of the time of the passage of the motion, and not
from the date of the initial action. A motion implementing corrective action resulting from
a written demand is out-of-order if the action complained of (a) was in connection with the
sale or issuance of notes, bonds or other evidence of indebtedness, or any contract,
agreement or incident thereto; or (b) gave rise to a contractual obligation upon which a
party has, in good faith, detrimentally relied. In any event, the Board shall notify the party
making the demand in writing of its decision to take corrective action and shall describe
any corrective action taken. This notice shall be given to the demanding party as soon
as possible after the meeting, but in no event more than thirty (30) days after receipt of
the demand.
Section 4: Resolution No. OC SAN 21-0422-37 is hereby repealed.
Section 5: This Resolution shall become effective immediately.
PASSED AND ADOPTED at a regular meeting of the Board of Directors held
December 15, 2022August 28, 2024.
Ryan P. Gallagher
Board Chairman
ATTEST:
Kelly A. Lore, MMC
Clerk of the Board
OC SAN 22-3724-
09-16
STATE OF CALIFORNIA )
) ss
COUNTY OF ORANGE )
I, Kelly A. Lore, Clerk of the Board of Directors of the Orange County Sanitation District,
do hereby certify that the foregoing Resolution No. OC SAN 22-3724-XX was passed
and adopted at a regular meeting of said Board on the 15th 28th day of December
2022,August 2024 by the following vote, to wit:
AYES: Stephen Faessel, Ryan Gallagher, Marshall Goodman, Patrick
Harper, Christine Marick, Sandra Massa-Lavitt, Jordan Nefulda
(Alternate), Andrew Nguyen, David Shawver, Chad Wanke,
John Withers, Dan Kalmick (Alternate), Farrah Khan
(Alternate), Ted Lindsey (Alternate) and Connor Traut
(Alternate)
NOES: None
ABSENT: Brad Avery, Rose Espinoza, Johnathan Ryan Hernandez,
Steve Jones, Kim Nichols, Robert Ooten and Donald Wagner
ABSTENTIONS: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
Orange County Sanitation District this 15th 28th day of December 2022August 2024.
Kelly A. Lore, MMC
Clerk of the Board of Directors
Orange County Sanitation District
Formatted: Normal, Indent: Left: 1.11"
OC SAN 22-3724-
09-17
TABLE 1
BOARD PROCEDURES AND ORGANIZATION
SUMMARY OF MOTIONS
A. PRIVILEGED MOTIONS
Kind of
Motion
Second
Required
Debatable
Amendable
Vote
Required
Purpose
Adjourn Yes No No Majority To end the
meeting
To Take a
Recess
Yes No No Majority To interrupt a
meeting for a
short time or to
provide an
intermission
Raise a
Question of
Privilege
No No No None To obtain action
immediately in an
emergency
B. MAIN MOTION AND RELATED
SUBSIDIARY MOTIONS
Kind of
Motion
Second
Required
Debatable
Amendable
Vote
Required
Purpose
Main
Motion
Yes Yes Yes Majority To introduce new
business
Amend
Main
Motion
Yes Yes Yes Majority To modify or alter a
motion
Substitute
Motion
Yes Yes Yes Majority To replace the main
motion entirely
OC SAN 22-3724-
09-18
Previous
Question
Yes No No Majority To close debate on
the main or
amended motion
immediately
Continue to
a Certain
Time
Yes Yes Yes Majority To defer action
To Table Yes No No Majority To discontinue
consideration until
brought back by vote
of the Board
Take a
Motion
from the
Table
Yes No No Majority To bring before the
group a motion
previously tabled
Limit or
Extend
Limits of
Debate
Yes No Yes Majority To limit or extend
limits of debate
Refer to a
Committee
Yes Yes Yes Majority To place business in
hands of a
Committee
Withdraw a
Motion
No No No None To withdraw a
motion before it is
voted on
Reconsider Yes Yes No Majority
must be
by a
Director
who voted
for the
prevailing
side on
the
original
motion
To secure a new
vote on a motion
previously voted
upon
OC SAN 22-3724-
09-19
C. INCIDENTAL RULES
NON-RANKING
Kind of
Motion
Second
Required
Debatable
Amendable
Vote
Required
Purpose
Request to
Suspend
the Rules
Yes No No Two-
Thirds
To facilitate business
ordinarily contrary to
the rules of the
organization
Override
Order of
the Chair
Yes No No Majority To have Board
majority rule on the
order
Point of
Order
No No No None To enforce the rules
of the organization
OC SAN 24-09-17
RESOLUTION NO. OC SAN 24-09
A RESOLUTION OF THE BOARD OF DIRECTORS OF
ORANGE COUNTY SANITATION DISTRICT
ESTABLISHING RULES OF PROCEDURE FOR THE
CONDUCT OF BUSINESS OF THE ORANGE COUNTY
SANITATION DISTRICT, AND REPEALING RESOLUTION
NO. OC SAN 22-37
WHEREAS it is necessary to establish rules of procedure to facilitate the orderly
handling of business to come before the Orange County Sanitation District (OC San)
Board of Directors and Standing, Steering, Special and Ad Hoc Committees.
NOW THEREFORE, the Board of Directors of the Orange County Sanitation
District DOES HEREBY RESOLVE, DETERMINE AND ORDER:
Section 1: Rules of Procedure. That the following rules of procedure be adopted
for the conduct of business of the Orange County Sanitation District (Sanitation District):
A. Regular Meetings. There shall be a regular monthly meeting of the Board
of Directors of OC San on the fourth Wednesday of every month at 6:00 p.m., in the
Administrative Offices of OC San, located at 18480 Bandilier Circle, Fountain Valley,
California; provided, however, if the fourth Wednesday of the month falls upon a legal
holiday, said monthly meeting shall be held on the next day thereafter, at the same time
and place, unless the Board of Directors adjourns to a different date and time.
The Board of Directors may adjourn any regular, special or adjourned special
meeting to a time and place certain, as specified in the order of adjournment.
B. Special Meetings. A special meeting of the Board of Directors may be called
in either one of the following ways:
(1) By the Chairperson of the Board of Directors; or
(2) By the written request of a majority of the Steering Committee
delivered to the Clerk of the Board.
The call or notice for special meeting shall be in writing and delivered electronically
or by mail at least twenty-four (24) hours before the time of such meeting, as specified in
the notice. Any notice deposited in the regular mail addressed to a Director at the address
he or she has on file with the Clerk of the Board postage prepaid, sixty (60) hours in
advance of any such meeting as specified in the notice, shall be presumed to have been
delivered. If the notice is delivered electronically, the Clerk of the Board should use an
electronic “read receipt” to ensure delivery. If a Director has not read the notice, the Clerk
OC SAN 24-09-2
will diligently attempt to contact the Director by telephone as soon as possible after the
publication of the notice.
The call or notice shall specify the time and place of the special meeting, a
description of the business to be transacted and copies of all pertinent material.
Such notice may be dispensed with as to any Director or Alternate Director who,
at or prior to the time the meeting convenes, files with the Clerk of the Board a written
waiver of notice. Such waiver may be given by facsimile or electronic mail. Such notice
may also be dispensed with as to any member who is actually present at the meeting at
the time it convenes. The Clerk of the Board shall diligently attempt to notify each Director
personally of the time, place and purpose of said meeting, not less than twenty-four (24)
hours before the time of said meeting.
The call or notice shall be posted in the administrative offices’ public lobby and in
a location freely accessible to the public at least twenty-four (24) hours prior to the special
meeting.
C. Meetings Adjourned by Clerk of the Board. If at any regular, adjourned
regular, special or adjourned special meeting there is not a quorum of Directors present,
the Clerk of the Board may declare the meeting adjourned to a stated time and place and
shall cause written notice of the adjournment to be given in the same manner as for a
special meeting, unless such notice is waived as provided for in special meetings. Within
twenty-four (24) hours after the time of the adjournment, a copy of the order or notice of
adjournment shall be conspicuously posted on or near the door of the place where the
meeting was held and, in a location, freely accessible to the public.
D. Notices to News Media. When any local newspaper of general circulation,
radio or television station requests, in writing, notices of meetings of the Board of
Directors, the Clerk of the Board shall thereafter, until receipt of a notice terminating said
request, deliver notices of regular, regular adjourned and special adjourned meetings to
such newspapers, radio or television stations. Delivery shall be made in the same manner
as delivery is made to the Directors.
E. Conduct of Meetings.
(1) Procedural Rules. The procedural rules for debate and action shall
be as set forth in Table 1, attached hereto and adopted herein by reference. Robert’s
Rules of Order shall not be applicable or govern the procedures for the conduct of OC
San business.
(2) Legal Officer. In any case of ambiguity or uncertainty in the
interpretation or application of these Rules to any procedure, the presiding officer may
direct such question for a ruling to the Board’s General Counsel, who shall be the
parliamentarian of the Board.
OC SAN 24-09-3
(3) Obtaining the Floor and Making Motions. Any member of the Board
wishing to speak, or any member of the public wishing to address the Board, must first
be recognized by the Chairperson. The Chairperson must recognize any member of the
Board who seeks the floor when appropriately entitled to address the Board.
Any member of the Board, including the Chairperson, may bring a
matter of business properly before the Board by making a motion. Any member, including
the Chairperson, except the member making the motion, may second the motion. Once
a motion is seconded, it may be opened for discussion and debate, in accordance with
the procedures in Subsection (4) below.
(4) Rules for Discussion, Debate and Deliberation by the Board. The
procedures for consideration and action on all matters to come before the Board shall be
in compliance with the terms of this Section, as follows:
(a) Each item on the Agenda will be introduced in a form of a
report by either the General Manager, a member of the Executive Management Team,
General Counsel, Special Counsel, or the Clerk of the Board.
(b) Upon completion of the report, the Chairperson will allow for
direct questions regarding the item, by Directors, each in turn, and in the order as selected
by the Chairperson.
(c) Upon completion of the question period, the Chairperson will
entertain a motion and second for consideration by the Board.
(d) Discussion among the Directors will follow. Each Director will
be recognized to address the Board in the order selected by the Chairperson, with a five
(5) minute time limit for each Member wishing to speak on the Agenda item, unless the
time limit is waived by the Chairperson. Directors should limit comment to the subject
matter, item, or motion currently being considered. There will be no interruptions of the
Director who has been recognized. Attempted interruptions will be declared out-of-order,
and the Director attempting to interrupt will be asked to remain silent until recognized.
(e) As an additional courtesy to everyone, repetition of comments
will be discouraged in the interest of time and, at the discretion of the Chairperson, can
be declared out-of-order.
(f) After each Member who wishes to speak has been recognized
and completed their remarks, a single three (3) minute period of rebuttal will be allowed
any Director, unless the time limit is waived by the Chairperson.
(g) If it appears to the Chairperson that any Director is pursuing a
line of questioning or commentary due to lack of preparation or prior review with OC San’s
Staff, the Director’s time will be declared to have been used up, and no further inquiry will
be allowed.
OC SAN 24-09-4
(h) Upon adoption of a motion on an Agenda item, there will be
no further discussion of that item.
(5) Decorum in Debate. All Members shall address their remarks to the
Chairperson and confine them to the business then pending and subject to discussion
before the Board, avoiding personalities and reflections upon anyone’s motives.
(6) Closing or Limiting Debate. At all times, the Board shall endeavor to
allow free and open debate among Members of the Board. However, in the discretion of
the Chairperson, it may become necessary to close or limit debate, so that action can be
taken by the Board. An order by the Chairperson closing or limiting the debate can only
be set aside by a majority vote of the Board.
F. Quorum. A majority of the Directors shall constitute a quorum of the Board.
G. Chairperson and Vice Chairperson of the Board. A Chairperson and Vice
Chairperson of the Board shall be elected by a majority vote of Directors at the regular
meeting in June of each year and will assume office July 1st. The nominations for
Chairperson and Vice Chairperson shall be made at the regular Board meeting in May of
each year. Any person nominated for Chairperson shall be deemed to be nominated for
Vice Chairperson in the event the person is not elected as Chairperson. Thereafter, the
nominees shall prepare a statement setting forth their qualifications for the office sought.
The statements should be forwarded to the Clerk of the Board who will in turn forward by
electronic mail to the members of the Board of Directors with the Agenda and other
meeting material for the June regular meeting. If only one individual is nominated for
Chairperson at the regular Board meeting in May, that individual shall be deemed elected
as Chairperson, no election shall be held in June, and the individual shall assume office
July 1st. If only one individual is nominated for Vice Chairperson at the regular Board
meeting in May, that individual shall be deemed elected as Vice Chairperson, no election
shall be held in June, and the individual shall assume office July 1st.
The Chairperson and Vice Chairperson shall serve at the pleasure of a majority of
the Directors. In the event the office of Chairperson becomes vacant due to resignation
or retirement of the incumbent prior to the expiration of the regular term, the Vice
Chairperson shall automatically succeed to the office of the Chairperson and shall
continue to serve through the remainder of the regular term unless sooner removed by
action of a majority of the Directors. In the event the office of Vice Chairperson becomes
vacant prior to the expiration of the regular term, nominations, and the election of a
Director to serve in that capacity shall be conducted at the next regular Board meeting.
The person so elected shall serve the balance of the regularly scheduled term unless
sooner removed as a result of action by a majority of the Directors.
The Chairperson shall not serve more than two consecutive one-year terms for
which they have been elected to the office of Chairperson. The Vice Chairperson shall
OC SAN 24-09-5
not serve more than two consecutive one-year terms for which they have been elected to
the office of Vice Chairperson.
H. Presiding Officer. The Chairperson of the Board shall preside during
meetings of the Directors. In the absence of the Chairperson, the Vice Chairperson shall
preside.
I. Clerk of the Board and Minutes. The Board of Directors shall have a person
designated to serve as Clerk of the Board. The Clerk of the Board will be appointed to
the position by the General Manager and shall report to the General Manager or their
designee. The Clerk of the Board will be a regular full-time employee, subject to all the
rules and policies applicable to all regular full-time employees. The Clerk of the Board
shall attend all meetings of the Board of Directors, unless excused by the Chairperson,
and shall prepare an accurate record of each meeting for submission to the Directors and
subsequent approval at the following meeting; provided, however, that when an
adjourned, special or special adjourned meeting of the Board of Directors immediately
precedes a regular meeting, Minutes of said meeting shall be submitted for approval at
the next meeting of the Board following said regular meeting.
In the preparation of Official Minutes of a meeting of the Board of Directors, the
Clerk of the Board will not record the name of the Director who moves or who seconds
the adoption of a motion or Resolution but will reflect the votes by name of each Director
on each item brought before the Board.
In the absence of the Clerk of the Board, an Assistant Clerk of the Board shall be
appointed to exercise the duties of the Clerk of the Board.
J. Regular Business to Come Before the Board of Directors. Insofar as
practicable, all items of business to be taken up at a regular meeting of the Board shall
be submitted to the Clerk of the Board, who shall include the Agenda all such items
submitted by Directors, the General Manager and General Counsel, and all formal
communications. The General Manager, in consultation with the Board Chairperson and
Board Vice Chairperson, shall determine agenda items for OC San Board of Director
Meetings. Directors should prepare in advance of meetings and be familiar with items on
the agenda. Directors shall make a reasonable effort to meet with the General Manager
or related staff before meetings to receive answers to questions regarding the agenda.
The Order of Business on the agenda for regular meetings of the Board of Directors
shall be:
i. Call to Order
ii. Invocation and Pledge of Allegiance
iii. Roll Call and Declaration of Quorum
iv. Public Comment - Pursuant to the Brown Act, public comment will be
allowed on items on the Board/Committee agendas at the beginning
of the meeting either on agenda items or general comments within
OC SAN 24-09-6
the subject matter jurisdiction of OC San. Public comments are
limited to no more than three minutes each. Individuals desiring to
speak are encouraged to submit a request to speak card or place an
eComment online to the Clerk of the Board.
v. Special Presentations - Special presentations shall be scheduled as
necessary in recognition of employee or Director service, or other
requested presentations. Requests for special presentation must be
submitted to the Clerk of the Board in writing in advance of the
agenda publication deadline. The Clerk of the Board will coordinate
the scheduling of presentations with the Board Chairperson.
vi. Board Chairperson / General Manager Reports - The reports portion
of the meeting provides the Chairperson and the General Manager
the opportunity to briefly comment on OC San business, operations,
projects and other items of interest.
vii. Public Hearings - Public Hearings may be required on certain items
as prescribed by state or federal law. The regular time for public
hearings is established by this resolution.
viii. Elections – Annually or when deemed necessary.
ix. Consent Calendar - Items on the Board/Committee Agenda which
are considered to be of a routine nature by the General Manager
shall be listed on the “Consent Calendar.” These items shall be
approved, adopted, etc. by one motion of the Board and majority
vote.
Directors may comment on Consent Calendar items or ask for minor
clarifications without the need for pulling the item for separate
consideration. Items requiring deliberation should be pulled for
separate consideration.
x. Receive and File - Items that require no action; and if no objection,
the Chairperson may so order.
xi. Committee Items – Items approved at the monthly Committee
meetings are brought forward under each Standing Committee title
on the agenda for Board approval. These items may be treated as
a consent calendar by one motion of the Committee and majority
vote.
xii. Non-Consent – Items on the Board/Committee Agenda which have
not been previously considered and require study, report, or action.
OC SAN 24-09-7
xiii. Information Items – Educational or Items of interest that require no
action.
xiv. AB 1234 Disclosure Reports – This item allows Board members to
provide a brief oral report regarding the disclosure of outside
committees, conferences, training, seminars, et. Attended at the
Agency’s expense, per Government Code §53232.3(d).
xv. Closed Session - During the course of conducting the business set
forth on an agenda as a regular meeting, the Chairperson may
convene the Board/Committee in closed session pursuant to
pursuant to Government Code Sections 54956.8, 54956.9, 54957 or
54957.6, as noted.
All written materials and verbal information regarding closed session
items shall remain confidential. No member of the Board of Directors,
employee of OC San, or any other person present shall disclose to
any person the content or substance of any discussion which takes
place in a closed session unless authorized by General Counsel and
a majority of the Board of Directors.
xvi. Other Business and communications or Supplemental agenda items
– Prior to adjournment, the Board Chairperson will inquire if there is
any other business to bring before the meeting.
xvii. Board of Directors initiated items for a future meeting - This portion
of the meeting allow Directors to request an agenda item for a future
meeting. If the Board Chair or a majority of the body indicates
support for the request at that time, then the item shall be placed on
a future agenda. Upon support for the request, the Board of
Directors/Committee will provide direction to staff on the information
that is desired to be presented when the item is placed on a future
agenda.
xviii. Adjournment
The Board Chairperson shall have the discretion to change the order of business.
The Clerk of the Board shall electronically mail to each Director a notice of such
regular meetings, together with a proposed Agenda, not later than the Friday immediately
preceding such regular meetings. Said Agenda, insofar as possible, shall include copies
of Resolutions, except as hereafter provided, and a description of all matters to be
considered, together with any additional pertinent material.
Agendas shall be posted in a location freely accessible to the public not less than
seventy-two (72) hours in advance of the meeting.
OC SAN 24-09-8
Resolutions designated as “standard” and adopted by the Board of Directors from
time to time, and approved as to form and content, need not be included with said Agenda;
provided, however, that the information completing said standard Resolutions shall be set
forth on the Agenda listing, and copies of said standard Resolutions shall be on file with
the Clerk of the Board at the meeting time and place.
Items of business not known at the time the regular Agenda is electronically mailed
as herein provided, may be considered as supplemental Agenda items; provided that all
requirements of the Ralph M. Brown Act (California Government Code Sections 54950 et
seq.) are satisfied.
No business, except with consent of two-thirds of the Directors present (a majority
of Directors present for emergency actions), and only if permitted by the Ralph M. Brown
Act, not appearing on the regular or supplemental Agendas may be brought before the
Board of Directors.
The meeting Agenda shall provide for an opportunity for members of the public to
address the Board on items on the Agenda and non-Agenda items of public interest. As
determined by the Chairperson, speakers may be deferred until the specific Agenda item
is taken for discussion, and remarks may be limited to three (3) minutes. Speakers on
non-Agenda items may address only items that are within the subject matter jurisdiction
of the Board of Directors. Time allotted for such presentations is limited to three (3)
minutes or less. Total time allotted for all public input on each non-Agenda item is limited
to thirty (30) minutes to one (1) hour, taking into consideration the number of persons
filing a request to address the Board. However, time allotments may be waived by a
majority vote of the Board.
K. Handling of Business and Voting. During the course of a Board meeting,
routine matters listed on the Agenda for consideration will be referred to by Agenda Item
Number only.
Voting on all Resolutions shall be by roll call, except if waived by unanimous voice
vote, in which event, the Chairperson may order a unanimous ballot cast in favor of the
motion or Resolution under discussion. The name of each Director shall be called only
once.
On matters of considerable interest or on which there appears to be a controversy,
the motion or Resolution shall be read by title or repeated by the Chairperson. The
Chairperson shall thereafter call for discussion of the motion or Resolution, at which time
any member may discuss the pending matter. Any person other than a Director present
at the meeting may speak on the motion if recognized by the Chairperson. Sole discretion
as to the extent of discussion outside of the membership of the Board shall rest with the
Chairperson. At the close of discussion, the Chairperson may, at the Chairperson’s
discretion, repeat the motion or Resolution pending, and thereafter, call for a vote.
OC SAN 24-09-9
The Clerk of the Board shall determine and state whether or not a motion or
Resolution is adopted by roll call vote. On all other matters, the Chairperson shall
determine the outcome of the voting.
L. Committees.
(1) Standing Committees.
(a) Steering Committee: There shall be a permanent Committee
designated as the Steering Committee, comprised of the Chairperson of the Board, the
Vice Chairperson of the Board, the Chairperson of each of the Standing Committees and
three at-large members selected by the Chairperson of the Board. The Vice Chairperson
of each of the Standing Committees shall serve as the designated Alternate, in the
absence or inability to serve by any Chairperson. In the absence or inability of any
designated member of the Steering Committee to serve, his/her city/agency appointed
Alternate Director may not serve in that member’s absence.
The Committee shall conduct an annual performance evaluation of the
General Manager and submit recommendations on their compensation to the Board of
Directors. The Committee shall also review the General Manager’s evaluation and
compensation of the executive management employees, based on established criteria,
and executive management’s goals and objectives for the following year.
The Committee shall also conduct an annual performance evaluation of
General Counsel and submit recommendations to the Board of Directors as provided by
Resolution No. OCSD 12-03.
The Committee shall make recommendations to the Board of Directors on labor
negotiations and other related activities as may be needed or appropriate.
The Committee shall also be authorized to assign new subjects of significant
importance to the appropriate Standing Committee for study, evaluation and
recommendation.
The Steering Committee shall meet on the fourth Wednesday of each month at
5:00 p.m. preceding the Board’s meeting, or at the call of the Chairperson of the Board of
Directors.
(b) Administration Committee: There shall be a permanent
Administration Committee (Finance & Administrative Services, Environmental Services,
and Human Resources) to advise the Staff and make recommendations on matters
related to the financial, budgeting, administrative, environmental and personnel policies
and programs of OC San.
The Committee shall review with the Staff the procedures for development,
preparation and format of the annual budget and recommend appropriate change, and
counsel the Staff during the budget process to assure the proper interpretation and
OC SAN 24-09-10
implementation of the Board’s policies and that the desired procedures have been
followed.
The responsibility for consideration and adoption of OC San budget rests with the
Board of Directors.
The Committee shall periodically interview and recommend the selection of outside
auditors. The Committee shall review the result of the annual audit of OC San’s accounts
with representatives of the outside audit firm, including any comments received
recommending improvements. The Committee shall review management’s response to
these comments and make appropriate recommendations for implementation.
Periodically, the Committee shall recommend employment of an outside firm to
audit internal control procedures to safeguard the assets of OC San.
The Committee shall interview and make recommendations on the employment of
investment-banking firms, bond counsel and, if necessary or desired, financial advisors,
to be used in connection with OC San’s financing programs.
The Committee shall periodically coordinate recommendations on personnel
audits of OC San’s operations or segments of the operations on an as-needed basis.
The Committee shall make recommendations on personnel policies and
procedures, insurers and coverage, procurement procedures and such other related
activities as may be needed or appropriate.
The Committee shall also review issues pertaining to OC San’s National Pollutant
Discharge Elimination System (NPDES) Ocean Outfall Discharge Permit, including
annual review of the contractor(s) performing the ocean monitoring and research
programs required as a condition of said permit, and related issues regarding protection
of the marine waters off metropolitan Orange County’s coastline from impacts resulting
from OC San’s operations and discharge of treated wastewater.
The Committee shall review issues pertaining to the impact on OC San of
legislative and regulatory proposals and submit appropriate recommendations on the
matters.
The Committee shall also be responsible for overseeing the contractual
arrangements with OC San’s legislative advocates to provide advocacy services in
Sacramento and Washington, D.C. In carrying out its responsibilities, the Committee shall
receive regular status reports from the advocates and staff and monitor and recommend
positions on legislative and regulatory proposals.
The Committee shall also review issues pertaining to OC San’s public outreach,
branding, and communications activities, evaluate alternatives and make
recommendations to the Board of Directors.
OC SAN 24-09-11
The Chairperson of the Board of Directors shall appoint a Committee Chairperson
and a Committee Vice Chairperson for the Administration Committee. The Committee
Chairperson and Committee Vice Chairperson shall serve at the pleasure of the
Chairperson of the Board of Directors.
The Administration Committee shall consist of thirteen members, as follows:
(1) The Chairperson of the Board of Directors;
(2) The Vice Chairperson of the Board of Directors;
(3) The Committee Chair of the Administration Committee;
(4) The Committee Vice Chair of the Administration Committee; and
(5) Nine additional Directors appointed by the Chairperson of the Board of
Directors.
Other than the Board Chairperson and the Board Vice Chairperson, no Director
who serves on the Operations Committee shall be eligible to serve concurrently on the
Administration Committee. In the absence of the Board Chairperson, his or her alternate
Director may attend meetings of the Administration Committee.
The Administration Committee shall meet on the second Wednesday of each
month at 5:00 p.m., or at the call of its Chairperson.
(c) Operations Committee: There shall be a permanent
Committee designated the Operations Committee (Engineering and Operations &
Maintenance). With the goal of compliance with all public health and environmental laws
and regulations, the Operations Committee shall review and submit appropriate
recommendations on the matters pertaining to the operation of OC San wastewater
treatment process, including such matters as current and projected service/flow needs,
level and quality of treatment, conservation, recycling and reuse activities and air quality
issues.
The Committee shall also review matters pertaining to contractual arrangements
by OC San to provide sewerage services to areas outside OC San’s boundaries or
approved spheres of influence.
The Committee shall review plans for the future needs of OC San, explore
alternatives and make recommendations to the Board of Directors.
The Operations Committee shall also review and submit appropriate
recommendations on matters pertaining to capital projects which address operational
needs, including the selection of professional consulting services to assist in studying,
planning and designing needed OC San wastewater treatment systems and support
facilities, including computerized systems, in accordance with the Board’s established
OC SAN 24-09-12
policies and procedures for procuring such services; the Committee shall further review
construction projects for said facilities in accordance with applicable public works laws
and Board policies. Said oversight shall include the contracts for professional services
and public works construction projects and addenda or change orders thereto. In carrying
out its responsibilities, the Committee shall receive advance notice and regular status
reports on the projects from Staff, and monitor, visit and observe OC San wastewater
systems operational functions and major capital construction projects.
The Chairperson of the Board of Directors shall appoint a Committee Chairperson
and a Committee Vice Chairperson of the Operations Committee. The Committee
Chairperson and Committee Vice Chairperson shall serve at the pleasure of the
Chairperson of the Board of Directors.
The Operations Committee shall consist of fourteen members, as follows:
(1) The Chairperson of the Board of Directors;
(2) The Vice Chairperson of the Board of Directors;
(3) The Committee Chair of the Operations Committee;
(4) The Committee Vice Chair of the Operations Committee; and
(5) Ten (10) additional Directors appointed by the Chairperson of the Board of
Directors.
Other than the Board Chairperson and the Board Vice Chairperson, no Director
who serves on the Administration Committee shall be eligible to serve concurrently on the
Operations Committee. In the absence of the Board Vice-Chairperson, his or her
Alternate Director may attend meetings of the Operations Committee.
The Operations Committee shall meet on the first Wednesday of each month at
5:00 p.m., or at the call of its Chairperson.
(2) Special and Ad Hoc Committees. In addition to the Standing
Committees, the Chairperson of the Board of Directors, the Chairperson of a Standing
Committee or a majority of the Directors, may appoint from time to time, Special or Ad
Hoc Committees to study and report on specific matters. Such Committees shall be
temporary in nature, and their assignments shall pertain to a current, specific issue. Upon
completion of the assigned task, the Ad Hoc or Special Committee will be dissolved.
The Chairperson and Vice Chairperson of Special and Ad Hoc Committees shall
be appointed by the Chairperson of the appointing authority.
Each Special and Ad Hoc Committee shall meet at the call of its Chairperson.
OC SAN 24-09-13
M. Alternate Directors: If a regular Director cannot attend a meeting of the
Operations Committee, the Administration Committee or the full Board of Directors, the
Director’s alternate may attend in place of his or her regular Director. An alternate Director
may not, however, attend a meeting of any other Committee in the absence of his or her
regular Director. An Alternate Director serving in place of a regular member shall not act
as Chairperson or Vice Chairperson of the Board or any Committee, even if the absent
regular member serves as Chairperson or Vice Chairperson of one of those bodies. If the
regular Director and the Alternate Director are both unable to attend the meeting, the
regular Director may request that the meeting be teleconferenced. The request may be
approved, at the Board Chairperson’s discretion, provided that all requirements of the
Ralph M. Brown Act (California Government Code Sections 54950 et seq.) are able to be
satisfied.
N. Motion to Refer to a Standing Committee. Any Director at a Board or
Committee meeting may move to have a policy or any other activity affecting OC San, or
any one of the member Agencies, referred to a Standing Committee for study and report.
This motion shall be a privileged motion, and when duly seconded, discussion thereof
shall be limited to Directors only. Said motion shall receive an affirmative vote of a
majority of the Directors for adoption.
O. All meetings of the Board of Directors shall be publicly available and recorded.
The audio/video recording of any open and public meeting shall be subject to inspection
pursuant to the California Public Records Act.
Section 2: Procedure for Consideration of Demands for Corrective Action.
A. Requirement of Written Demand. Prior to any person commencing a judicial
action for injunction or mandamus to declare any action taken by the Board void because
of failure to observe Brown Act requirements, such person must first serve upon the Clerk
of the Board a written demand describing the alleged violation and demanding corrective
action. Such demand must be served upon the Clerk of the Board within thirty (30) days
of the complained of action. Failure to serve any such demand within this thirty (30) day
period shall result in the loss of any right to challenge any action to have been taken in
violation of Sections 54953, 54954.2 or 54956 of the California Government Code.
B. Consideration of Corrective Action. Upon receipt of such a demand,
consideration of the demand shall immediately be placed on the Agenda for the next
meeting of the Board of Directors. If the demand is received less than seventy-two (72)
hours prior to the time set for the next meeting, the Board may determine that the notice
constitutes the initiation of litigation, and that the need to take action on the threatened
OC SAN 24-09-14
litigation arose subsequent to the posting of the Agenda and may consider it at that
meeting pursuant to Section 1(J) above. A description of any item so placed on the
Agenda shall include both consideration of the demand, and the possibility of corrective
action, by the Board.
In considering such demands, the Board shall first determine, by motion,
whether corrective action should be taken. If no motion to take corrective action is carried,
the Clerk of the Board shall inform the demanding party in writing of the Board’s decision
not to cure or correct the challenged action.
C. Implementing Corrective Action. If a motion to take corrective action
passes, the Chairperson may entertain a motion implementing corrective action. Any
motion implementing corrective action shall address the concerns raised in the
consideration of corrective action. The motion implementing corrective action may include
a motion to rescind prior action taken, as appropriate. Passage of a motion to rescind
invalidates prior action only as of the time of the passage of the motion, and not from the
date of the initial action. A motion implementing corrective action resulting from a written
demand is out-of-order if the action complained of (a) was in connection with the sale or
issuance of notes, bonds or other evidence of indebtedness, or any contract, agreement
or incident thereto; or (b) gave rise to a contractual obligation upon which a party has, in
good faith, detrimentally relied. In any event, the Board shall notify the party making the
demand in writing of its decision to take corrective action and shall describe any corrective
action taken. This notice shall be given to the demanding party as soon as possible after
the meeting, but in no event more than thirty (30) days after receipt of the demand.
Section 3: Resolution No. OC SAN 22-37 is hereby repealed.
Section 4: This Resolution shall become effective immediately.
PASSED AND ADOPTED at a regular meeting of the Board of Directors held
August 28, 2024.
Ryan P. Gallagher
Board Chairman
ATTEST:
Kelly A. Lore, MMC
Clerk of the Board
OC SAN 24-09-15
STATE OF CALIFORNIA )
) ss
COUNTY OF ORANGE )
I, Kelly A. Lore, Clerk of the Board of Directors of the Orange County Sanitation District,
do hereby certify that the foregoing Resolution No. OC SAN 24-09 was passed and
adopted at a regular meeting of said Board on the 28th day of August 2024 by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
Orange County Sanitation District this 28th day of August 2024.
Kelly A. Lore, MMC
Clerk of the Board of Directors
Orange County Sanitation District
OC SAN 24-09-16
TABLE 1
BOARD PROCEDURES AND ORGANIZATION
SUMMARY OF MOTIONS
A. PRIVILEGED MOTIONS
Kind of
Motion
Second
Required
Debatable
Amendable
Vote
Required
Purpose
Adjourn Yes No No Majority To end the
meeting
To Take a
Recess
Yes No No Majority To interrupt a
meeting for a
short time or to
provide an
intermission
Raise a
Question of
Privilege
No No No None To obtain action
immediately in an
emergency
B. MAIN MOTION AND RELATED
SUBSIDIARY MOTIONS
Kind of
Motion
Second
Required
Debatable
Amendable
Vote
Required
Purpose
Main
Motion
Yes Yes Yes Majority To introduce new
business
Amend
Main
Motion
Yes Yes Yes Majority To modify or alter a
motion
Substitute
Motion
Yes Yes Yes Majority To replace the main
motion entirely
OC SAN 24-09-17
Previous
Question
Yes No No Majority To close debate on
the main or
amended motion
immediately
Continue to
a Certain
Time
Yes Yes Yes Majority To defer action
To Table Yes No No Majority To discontinue
consideration until
brought back by vote
of the Board
Take a
Motion
from the
Table
Yes No No Majority To bring before the
group a motion
previously tabled
Limit or
Extend
Limits of
Debate
Yes No Yes Majority To limit or extend
limits of debate
Refer to a
Committee
Yes Yes Yes Majority To place business in
hands of a
Committee
Withdraw a
Motion
No No No None To withdraw a
motion before it is
voted on
Reconsider Yes Yes No Majority
must be
by a
Director
who voted
for the
prevailing
side on
the
original
motion
To secure a new
vote on a motion
previously voted
upon
OC SAN 24-09-18
C. INCIDENTAL RULES
NON-RANKING
Kind of
Motion
Second
Required
Debatable
Amendable
Vote
Required
Purpose
Request to
Suspend
the Rules
Yes No No Two-
Thirds
To facilitate business
ordinarily contrary to
the rules of the
organization
Override
Order of
the Chair
Yes No No Majority To have Board
majority rule on the
order
Point of
Order
No No No None To enforce the rules
of the organization
STEERING COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2024-3765 Agenda Date:8/28/2024 Agenda Item No:7.
FROM:Ryan P. Gallagher, Board Chairman
SUBJECT:
GENERAL MANAGER’S COMPENSATION AND BENEFITS
BOARD CHAIR’S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
Adopt Resolution No.OC SAN 24-10 entitled:“A Resolution of the Board of Directors of the Orange
County Sanitation District approving a salary increase and salary range adjustment for the General
Manager for Fiscal Year 2024/2025.”The increase consists of a salary range adjustment and
corresponding salary increase of 7.3%, effective in the first pay period of July 2024.
BACKGROUND
The General Manager of the Orange County Sanitation District (OC San)is employed on an At-Will
basis and serves at the pleasure of the Board of Directors.
According to Section 6 of the General Manager’s At-Will Employment Agreement,“OC San’s Steering
Committee shall meet with the General Manager in August of each year during the term of this
Agreement to review and evaluate his performance over the prior year.”As part of the process,the
Steering Committee also reviews the General Manager’s compensation and benefits provided and
makes its recommendation(s)to the Board concerning any adjustments to be effective in July of the
year of the review.
The Steering Committee reviewed the General Manager’s job performance for Fiscal Year 2023/2024
in closed session in June and July 2024 and recommends that the Board approve the proposed
salary increase.The proposed salary increase will achieve the Board’s target of 75th percentile for
the overall market position and establish a salary for the General Manager that is competitive and
supports retention.
RELEVANT STANDARDS
·Offer competitive compensation and benefits
·Maintain positive employer-employee relations
·Cultivate a highly qualified, well-trained, and diverse workforce
·Comply with OC San policy (Policy 6.1 Appraisal of Performance)and the General Manager’s
At-Will Employment Agreement
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File #:2024-3765 Agenda Date:8/28/2024 Agenda Item No:7.
PROBLEM
Based on July 2024 market data collected for salary and total compensation (salary +benefits),the
General Manager’s current salary market position is at the 55th percentile,which is significantly below
the Board’s targeted 75th percentile for overall market position.
Additionally,Board-approved Fiscal Year 2024/2025 salary increases for OC San’s Executive
Management took effect in July 2024.With these increases,the General Manager’s salary currently
is just 5.8% above his highest paid direct report, thereby resulting in salary compaction.
PROPOSED SOLUTION
Approve the proposed salary range adjustment and corresponding salary increase of 7.3%for FY
2024/2025 for the General Manager through Resolution No.OC SAN 24-XX.The recommended
salary increase would achieve the targeted 75th percentile and address the salary compaction
occurring with the General Manager’s highest paid direct report.
TIMING CONCERNS
The Steering Committee conducted the annual review and evaluation of the General Manager’s
performance for FY 2023/2024 and is recommending changes to compensation based on salary
market data and for retention.In accordance with the General Manager’s At-Will Employment
Agreement,the Board makes the final determination on the compensation payable to the General
Manager,which shall become effective retroactively to the first pay period in July of the year of the
review.
RAMIFICATIONS OF NOT TAKING ACTION
Not taking action as proposed may result in a missed opportunity to recognize good performance,
support retention of highly skilled and experienced staff, and address salary compaction issues.
PRIOR COMMITTEE/BOARD ACTIONS
June &July 2024 -Steering Committee reviewed the General Manager’s performance evaluation in
closed session.
July 2024 -Board of Directors reviewed the General Manager's performance evaluation in closed
session.
August 2023 -Board of Directors adopted Resolution No.OC SAN 23-17 approving a salary increase
and salary range adjustment for the General Manager for Fiscal Year 2023/2024.
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File #:2024-3765 Agenda Date:8/28/2024 Agenda Item No:7.
ADDITIONAL INFORMATION
The agency’s accomplishments during the past year include the following:
·Identified critical assets and criteria for the Asset Management Plan and developed an
approach to update the design scope of work template
·Prepared an Energy and Digester Gas Master Plan
·Completed preparing the test site and permitting for the pilot program on supercritical water
oxidation and implemented an outreach strategy for the project
·Assessed encroachment permit procedures and processes and recommended complying with
each agency’s individual requirements in lieu of a standardized process
·Completed a pretreatment management audit and updated member agencies on findings,
which resulted in no requirement for them to make changes to the waste discharge and
pretreatment requirement ordinance in FY 2023-2024
·Finalized seismic vulnerabilities planning study scope of work and issued request for proposal
·Completed initial chemical and toxicological evaluation to research and characterize changes
in the final effluent following completion of GWRS
·Developed three (3)viable pathways for fleet replacement that incorporate anticipated future
regulations and compliance requirements
·Provided draft project MOU to OC Waste & Recycling for food waste processing facility
·Expanded on coordination opportunities with Irvine Ranch Water District in anticipation of
agreements expiring in 2026
·Worked with other agencies to develop a list of locations for additional dry weather urban
runoff diversions
·Developed outreach toolkit for member agencies to educate,inform,and reduce impacts
affecting the local and regional sewer system
·Continued to ensure ongoing adaptability,sustainability,and diversity within the biosolids
management program by refreshing short- and long-term hauling of biosolids
·Continued to perform outreach and coordination with representatives to ensure unobstructed
access with our easements
·Developed and conducted earthquake emergency response drill,including evacuation of
buildings, assembly and accountability of employees
·Aligned the GM’s goals with the Board’s policy direction and priorities through the strategic
planning process,with 19 of 21 items completed this fiscal year and two (2)carried over to
next fiscal year
CEQA
N/A
FINANCIAL CONSIDERATIONS
The annual cost of the proposed salary change is approximately $26,208.The funds for the
additional compensation are included in OC San’s operational budget.
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File #:2024-3765 Agenda Date:8/28/2024 Agenda Item No:7.
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Resolution No. OC SAN 24-10
·General Manager Salary Schedules (Current & Proposed)
·At-Will Employment Agreement, Robert C. Thompson (eff. 7/1/24)
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OC SAN 24-10-1
RESOLUTION NO. OC SAN 24-10
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
ORANGE COUNTY SANITATION DISTRICT APPROVING A
SALARY INCREASE AND SALARY RANGE ADJUSTMENT FOR
THE GENERAL MANAGER FOR FISCAL YEAR 2024/2025
WHEREAS, the General Manager provides organizational leadership, strategic
direction, and agency oversight for Orange County Sanitation District (OC San); and
WHEREAS, the General Manager serves in an at-will employment capacity, which
may be terminated at any time by OC San’s Board of Directors with or without cause; and
WHEREAS, it is OC San’s philosophy to compensate employee classifications
competitively, which currently can be achieved through alignment with the salary
market; and
WHEREAS, the July 1, 2023, At-Will Agreement with the General Manager
provides that, “OC San’s Steering Committee shall meet with General Manager in
August of each year during the term of this Agreement to review and evaluate his
performance over the prior year. The Steering Committee shall make its
recommendation(s) to the Board concerning adjustment to the compensation and/or
benefits paid or provided to General Manager, to be effective in July of the year of
review. After consideration of the recommendation(s) of the Steering Committee, the
Board shall determine and approve the compensation, including benefits, payable to
General Manager, which generally becomes effective July of the fiscal year of the
review”; and
WHEREAS, the Steering Committee commenced its review of the General
Manager’s performance in June 2024, finalized its review and made its recommendation
to the Board on August 28, 2024.
NOW, THEREFORE, the Board of Directors of the Orange County Sanitation
District, DOES HEREBY RESOLVE, DETERMINE, AND ORDER:
1. That the At-Will Agreement with the General Manager (Attached hereto as
Exhibit 1) setting forth the terms and conditions of his employment, including a
salary increase in the first pay period of July 2024, consisting of a 7.3% salary
range adjustment and corresponding salary increase as determined by the Board
of Directors, is hereby approved to be effective retroactively to the first pay period
of July 2024;
2. That the Board Chair, or his designee, is authorized to implement the changes to
salary range and salary items approved herein.
OC SAN 24-10-2
PASSED AND ADOPTED at a regular meeting of the Board of Directors held
August 28, 2024.
________________________________
Ryan P. Gallagher
Board Chairman
ATTEST:
_______________________________
Kelly A. Lore, MMC
Clerk of the Board
OC SAN 24-10-3
STATE OF CALIFORNIA )
) ss
COUNTY OF ORANGE )
I, Kelly A. Lore, Clerk of the Board of Directors of the Orange County Sanitation
District, do hereby certify that the foregoing Resolution No. OC SAN 24-10 was passed
and adopted at a regular meeting of said Board on the 28th of August 2024, by the
following vote, to wit:
AYES:
NOES: ABSTENTIONS: ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of Orange County Sanitation District this 28th of August 2024.
Kelly A. Lore, MMC
Clerk of the Board of Directors
Orange County Sanitation District
General Manager Salary Schedules
Orange County Sanitation District
Classification and Compensation Plan
Pay Grade Step 1 Step 2 Step 3 Step 4 Step 5
EM37 Annual 303,243$ 318,760$ 335,067$ 352,206$ 370,198$
Monthly 25,270$ 26,563$ 27,922$ 29,351$ 30,850$
Hourly 145.79$ 153.25$ 161.09$ 169.33$ 177.98$
Pay Grade Step 1 Step 2 Step 3 Step 4 Step 5
EM37 Annual 325,374$ 342,035$ 359,528$ 377,915$ 397,218$
Monthly 27,115$ 28,503$ 29,961$ 31,493$ 33,101$
Hourly 156.43$ 164.44$ 172.85$ 181.69$ 190.97$
GENERAL MANAGER, FY 2023-24 (Current)
GENERAL MANAGER, FY 2024-25 (Proposed)
1
AT-WILL EMPLOYMENT AGREEMENT
Robert C. Thompson
General Manager
ORANGE COUNTY SANITATION DISTRICT
THIS AT- WILL EMPLOYMENT AGREEMENT ("Agreement") is entered into, to be
effective the 1st day of July, 2024, by and between:
ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to as
"OC San";
AND
ROBERT C. THOMPSON, sometimes hereinafter referred to as "General
Manager"; collectively referred to herein as (“the Parties”)
RECITALS
WHEREAS, OC San desires to continue to employ Robert C. Thompson ("Mr.
Thompson"), as General Manager of OC San, pursuant to the terms and conditions as set forth
in this Agreement; and
WHEREAS, Mr. Thompson, by virtue of his education, training and experience, is fully
qualified to fill the position of General Manager and desires to serve OC San as its General
Manager, pursuant to the terms and conditions of this Agreement; and
WHEREAS, per Resolution No. OC SAN 24-10 adopted on August 28, 2024, OC San’s
Board of Directors has approved and authorized the Board Chair to execute this Agreement to
include a base building salary increase of 7.3% of his current salary.
2
WHEREAS, at the beginning of negotiations of a new Agreement, the parties agreed that
any salary changes agreed to would take effect retroactively to the first pay period of July 2024,
which is the first pay period in the current fiscal year.
NOW, THEREFORE, the Parties hereto agree as follows:
Section 1: OC San hereby continues to employ Mr. Thompson to serve as General
Manager of the Orange County Sanitation District, commencing on the effective date hereof, and
continuing until termination by either Party, as provided in this Agreement.
In that capacity, Mr. Thompson agrees to perform the functions and duties of General
Manager, the administrative head of OC San, as prescribed by the laws of the State of California,
and by the rules, regulations, decisions, and directions of the Board of Directors of OC San
(hereinafter referred to as "Board"). The General Manager's duties may involve expenditures of
time in excess of the regularly established workday or in excess of a forty-hour work week and
may also include time outside normal office hours (including attendance at Board and Committee
meetings). General Manager is classified as an exempt employee under applicable California and
federal wage and hour laws and shall not be entitled to any additional compensation for hours
worked in excess of forty in a work week.
Section 2: Mr. Thompson shall be employed in an "at-will" capacity serving at the sole
pleasure of the Board. This means that either party to this Agreement may terminate the
Agreement at any time for any reason with or without cause, and without hearing, upon 30 days'
notice to the other party. Mr. Thompson is advised and acknowledges that he has none of the
termination rights of a Regular employee of OC San. Except as expressly provided herein, and
as a condition of employment, Mr. Thompson knowingly, willingly and voluntarily gives up, waives,
and disclaims any and all rights he may have, express or implied, to any notice and/or hearing
before or after termination, and/or to any continued employment with OC San after termination.
As an "at-will" employee, Mr. Thompson understands that he may be subject to
termination with or without cause at the sole discretion of the Board, notwithstanding that the
other provisions of OC San’s Personnel Policies and Procedures Manual (hereinafter referred to
as "Manual") apply to Mr. Thompson. If OC San terminates employment without cause, Mr.
Thompson shall be given a thirty (30) day Notice of Termination and severance pay in an amount
equal to six (6) months of his then current annual base salary upon Mr. Thompson’s execution of
a valid written release of legal claims and expiration of any legally required revocation period.
3
If OC San terminates this Agreement (thereby terminating Mr. Thompson’s employment)
without cause, and Mr. Thompson executes a valid written release of legal claims, the severance pay
is considered a cash settlement related to the termination of Mr. Thompson and waiver of legal claims
and shall be fully reimbursed to OC San by Mr. Thompson if Mr. Thompson is convicted of a crime
involving an abuse of his office or position. Abuse of office or position shall have the meaning set forth
in Government Code 53243.4, as may be amended, of either (1) an abuse of public authority,
including, but not limited to, waste, fraud and violation of the law under color of authority, or (2) a crime
against public justice, including, but, not limited to, a crime described in Title 7 (commencing with
Section 92 of Part 1 of the Penal Code). Mr. Thompson shall reimburse such severance pay to OC
San no later than six (6) months after such conviction. If Mr. Thompson terminates his employment
with 30 days' notice, the Board shall have the right to accept his resignation effective the date notice
is given. Such decision to accept his resignation earlier shall not be considered a termination without
cause and shall not entitle Mr. Thompson to receive the severance pay noted above.
Section 3: The term of this Agreement shall commence on the effective date above and
continue for an indefinite duration, until terminated by either Party pursuant to Section 2 above, or
unless terminated or amended as provided herein.
Section 4: As compensation for the services to be performed hereunder, upon the effective
date of this Agreement, OC San agrees to pay General Manager an annual base salary for services
rendered of three hundred eighty-five thousand, two hundred thirty-six dollars and eighty cents
($385,236.80), subject to all applicable deductions and withholdings of any and all sums required by
then current state, federal or local law, along with deductions of applicable sums the General Manager
is obligated to pay because of participation in plans and programs described in this Agreement, and
paid biweekly in accordance with OC San’s established accounting and payroll practices at the same
time and in the same manner as other employees of OC San. No increase in salary may exceed the
compensation permitted by the applicable salary range for the classification established by duly
adopted Resolution of the Board.
Section 5: For the period of this Agreement, OC San shall provide Mr. Thompson with a
fixed benefit package that includes the following:
• Personal Leave – accrued based on years of service for all paid hours, including
hours actually worked and hours in a paid-leave payroll status, on a biweekly
basis in accordance with the Manual. Personal leave accruals shall not exceed
4
four hundred forty (440) hours as of December 31 of each year. Any hours in
excess of said limit, will be paid to Mr. Thompson in January in an amount equal
to the hourly rate of compensation.
• Administrative Leave – 40 hours per fiscal year, granted and not eligible for
annual cash out.
• Investment Incentive Salary (llS) – 6% of base salary applied on a biweekly fiscal
year basis, and a flat amount of one thousand two hundred fifty dollars ($1,250)
annually.
• Deferred Compensation – OC San-paid annual allocation of $11,000 allocated
on a biweekly calendar year basis.
• Car Allowance – OC San-paid annual allocation of $8,400 issued on a semi-
monthly basis.
• Medical Allowance – OC San-paid annual allocation of six thousand dollars
($6,000), with any funds not used toward employee portions of insurance
premiums to be returned to the employee in a mutually agreeable manner (such
as flexible spending account contributions or cash payment).
Mr. Thompson’s benefit package also shall include benefits consistent with the Manual
for: holiday pay; medical, dental, vision and life insurance at three times base salary; long-term
and short-term disability insurance; and employee assistance program. Additionally, Mr.
Thompson’s benefit package shall include executive disability insurance benefits, consistent with
those provided to OC San managers.
These benefits shall remain in full force and effect unless and until replaced by an amendment
to this Agreement, signed by Mr. Thompson and approved by the Board, which amendment shall
include the effective date thereof.
Section 6: OC San’s Steering Committee shall meet with General Manager in August of
each year during the term of this Agreement to review and evaluate his performance over the
prior year. The Steering Committee shall make its recommendation(s) to the Board concerning
adjustment to the compensation and/or benefits paid or provided to General Manager, to be
effective in July of the year of review. After consideration of the recommendation(s) of the
Steering Committee, the Board shall determine and approve the compensation, including
benefits, payable to General Manager, which generally becomes effective July of the fiscal year
of the review. Failure of OC San to review and evaluate the performance of the General
5
Manager pursuant to this section shall not affect the right of OC San to terminate the General
Manager's employment and shall not be considered a breach of this Agreement.
Section 7: Mr. Thompson shall be a Participant Member in the Orange County
Employees Retirement System ("OCERS"). OC San shall pay the required employer's
contribution of Mr. Thompson’s required employee contribution rate for membership in OCERS
pension Plan H which includes full payment of Employer Paid Member Contribution (“EPMC”).
Section 8: OC San shall reimburse General Manager for all expenses paid by him and
incurred for non-personal, job-related OC San business that are reasonably necessary to the
General Manager's service to OC San. OC San agrees to either pay such expenses in advance
or to reimburse the expenses, so long as the expenses are incurred and submitted according to
the criteria established by OC San’s budget and/or normal expense reimbursement procedures
pursuant to applicable policy Resolutions. To be eligible for reimbursement, all expenses must be
supported by documentation meeting OC San’s policies and requirements and must be submitted
within time limits established by OC San. Such reimbursement shall not be considered a benefit.
Section 9: During the period of this Agreement, it is agreed that General Manager shall
devote his fulltime, skills, labor and attention to said employment. At no time may General
Manager undertake outside activities consisting of consultant work, speaking engagements,
writing, lecturing, or other similar professional activities for money or other consideration without
prior approval of OC San’s Steering Committee. However, the expenditure of reasonable amount
of time for educational, charitable, or professional activities shall not be deemed a breach of this
Agreement if those activities do not conflict or materially interfere with the services required under
this Agreement and shall not require the prior written consent of the Steering Committee.
This Agreement shall not be interpreted to prohibit General Manager from making passive
personal investments or conducting private business affairs, provided those activities are not
deemed to be a conflict of interest by state law nor do they conflict or materially interfere with the
services required under this Agreement. Nothing in this At-Will Employment Agreement shall be
construed to prevent General Manager from engaging in lawful conduct outside of working hours
that does not materially interfere with General Manager’s employment.
Section 10: The Board has the sole discretion to determine whether OC San shall pay
General Manager pending an investigation into any alleged misconduct by General Manager. In
the event that OC San’s Board determines, in its sole discretion, that it is in the best interest of OC
6
San for General Manager to be placed on paid administrative leave pending such an investigation,
General Manager shall fully reimburse any salary provided for that purpose if the misconduct for
which the General Manager was under investigation results in the General Manager being
convicted of a crime involving an abuse of his office or position as defined in Section 2 of this
Agreement. General Manager shall reimburse such salary to OC San no later than six months after
such conviction.
Section 11: In the event that OC San provides funds for the legal criminal defense of
General Manager, General Manager shall fully reimburse said funds to OC San if the General
Manager is convicted of a crime involving an abuse of his/her office or position as defined in Section
2 of this Agreement. General Manager shall reimburse such criminal legal defense fees to OC San
no later than six months after such conviction.
Section 12: Other employment benefits for General Manager not specifically provided for
in this At-Will Employment Agreement are set out in the Manual.
Section 13: This Agreement supersedes any and all other prior agreements, either oral or
in writing, between the Parties hereto with respect to the employment of Mr. Thompson by OC San
and contains all of the covenants and agreements between the Parties with respect to that
employment in any manner whatsoever. Each Party to this Agreement acknowledges that no
representation, inducement, promise, or agreement, orally or otherwise, has been made by any
Party, or anyone acting on behalf of any Party, which is not embodied herein, and that no other
agreement, statement, or promise not contained in this Agreement or Employment shall be valid
or binding on either Party.
Section 14: Any notices to be given hereunder by either Party to the other shall be in
writing and may be transmitted by personal delivery, or by mail, registered or certified, postage
prepaid, with return receipt requested. Mailed notices shall be addressed to the Parties at the
addresses maintained in the personnel records of OC San, but each Party may change that
address by written notice in accordance with this Section. Notices delivered personally shall be
deemed communicated as of the date of actual receipt; mailed notices shall be deemed
communicated as of the date of mailing.
Section 15: Any modifications of this Agreement will be effective only if set forth in writing
and signed by the Parties.
7
Section 16: The failure of either Party to insist on strict compliance with any of the terms,
covenants, or conditions of this Agreement by the other Party, shall not be deemed a waiver of
that term, covenant, or condition, nor shall any waiver or relinquishment of any right or power at
any one time or times be deemed a waiver or relinquishment of that right or power for all or any
other times.
Section 17: If any term or other provision of this At-Will Employment Agreement is
determined by a court of competent jurisdiction to be invalid, illegal or incapable of being enforced
by any rule of law or public policy, all other terms, provisions and conditions shall nevertheless
remain in full force and effect. Upon such determination that any term or other provision is invalid,
illegal or incapable of being enforced, the Parties hereto shall negotiate in good faith to modify
this Agreement so as to affect the original intent of the Parties as closely as possible to the fullest
extent permitted by applicable law in an acceptable manner to the end that the transactions
contemplated hereby are fulfilled to the extent possible.
Section 18: This Agreement shall be governed by and construed in accordance with the
laws of the State of California and all applicable ordinances, policies and resolutions.
Section 19: General Manager acknowledges that he has had the opportunity and has
conducted an independent review of the financial and legal effects of this Agreement. General
Manager acknowledges that he has made an independent judgment upon the financial and legal
effects of the Agreement and has not relied upon representation of OC San, its elected or
appointed officers and officials, agents or employees other than those expressly set forth in this
Agreement. General Manager acknowledges that he has been advised to obtain, and has availed
himself of, legal advice with respect to the terms and provisions of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this At-Will Employment
Agreement as follows.
"OC SAN"
ORANGE COUNTY SANITATION DISTRICT
"GENERAL MANAGER”
By: _______________________________
Robert C. Thompson Date
8
CHAIR, BOARD OF DIRECTORS
By:
_______________________________
Ryan P. Gallagher Date
APPROVED AS TO FORM:
GENERAL COUNSEL
_______________________________
Scott C. Smith Date
STEERING COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2024-3772 Agenda Date:8/28/2024 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)
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Convene in Closed Session:
Number of Cases: 1
BKK Working Group, et al. v. Albertsons Companies, Inc., et al., United States District Court Central
District of California, Court Case No.2:18-CV-05836-MWF(PLAx).
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 8/21/2024Page 1 of 1
powered by Legistar™
Scott C. Smith
(949) 263-6561
scott.smith@bbklaw.com
18101 Von Karman Avenue.Suite 1000.Irvine, CA 92612
Phone: (949) 263-2600 | Fax: (949) 260-0972
bbklaw.com
Memorandum
To: Honorable Chair and Members of the Orange County Sanitation District Steering Committee
From: General Counsel
Date: August 28, 2024
Re: Closed Session Items
The Steering Committee will hold a closed session on August 28, 2024, for the purpose of conferring with its legal counsel regarding existing litigation to which the Orange County Sanitation District is a party. The title of the case is BKK Working Group, et al. v. Albertsons
Companies, Inc., et al., United States District Court Central District of California, Court Case No. 2:18-CV-05836-MWF(PLAx). The closed session will be held pursuant to the authority of California Government Code Section 54956.9(d)(1).
Respectfully submitted, SCOTT C. SMITH
STEERING COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2024-3750 Agenda Date:8/28/2024 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
Orange County Sanitation District,a public entity v.Bayside Village Marina,LLC,a limited liability
company;Laguna Beach County Water District,a public entity;and Does 1-100,inclusive;and all
Persons Unknown Claiming an Interest in the Property,Superior Court of California,County of
Orange, Case No. 30-2022-01251890.
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 8/21/2024Page 1 of 1
powered by Legistar™
Scott C. Smith
(949) 263-6561
scott.smith@bbklaw.com
18101 Von Karman Avenue.Suite 1000.Irvine, CA 92612
Phone: (949) 263-2600 | Fax: (949) 260-0972
bbklaw.com
Memorandum
To: Honorable Chair and Members of the Orange County Sanitation District Steering Committee
From: General Counsel
Date: August 28, 2024
Re: Closed Session Items
The Steering Committee will hold a closed session on August 28, 2024, for the purpose of conferring with its legal counsel regarding existing litigation to which the Orange County Sanitation District is a party. The title of the case is: Orange County Sanitation District v. Bayside
Village Marina, LLC; Laguna Beach County Water District; and Does 1-100, inclusive; and all Persons Unknown Claiming an Interest in the Property Superior Court of California, County of Orange, Case No. 30-2022-01251890. The closed session will be held pursuant to the authority of California Government Code Section 54956.9(d)(1).
Respectfully submitted, SCOTT C. SMITH
STEERING COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2024-3763 Agenda Date:8/28/2024 Agenda Item No:CS-3
FROM:Robert Thompson, General Manager
SUBJECT:
CONFERENCE WITH LABOR NEGOTIATORS - GOVERNMENT CODE SECTION 54957.6
RECOMMENDATION: Convene in Closed Session:
Designated Representatives:General Manager Robert Thompson,Assistant General Manager
Lorenzo Tyner, and Director of Human Resources Laura Maravilla.
Employee Organizations: (3)
International Union of Operating Engineers,Local 501;Orange County Employees Association;and
the Supervisory and Professional Management Group.
Unrepresented Employees: (3)
Confidential Group; Managers Group; and Executive Managers Group
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 8/21/2024Page 1 of 1
powered by Legistar™
Scott C. Smith
(949) 263-6561
scott.smith@bbklaw.com
18101 Von Karman Avenue.Suite 1000.Irvine, CA 92612
Phone: (949) 263-2600 | Fax: (949) 260-0972
bbklaw.com
Memorandum
To: Honorable Chair and Members of the Orange County Sanitation District Steering Committee
From: General Counsel
Date: August 28, 2024
Re: Closed Session Items
The Steering Committee will hold a closed session on August 28, 2024, for the purpose of holding a conference with its labor negotiators regarding employee compensation, terms of employment, and benefits. The closed session will be held pursuant to the authority of California Government
Code section 54957.6. Respectfully submitted,
SCOTT C. SMITH
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.