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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 powered by Legistar™ 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 powered by Legistar™ 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 Orange County Sanitation District Printed on 8/20/2024Page 2 of 2 powered by Legistar™ 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. Orange County Sanitation District Printed on 8/20/2024Page 1 of 4 powered by Legistar™ 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. Orange County Sanitation District Printed on 8/20/2024Page 2 of 4 powered by Legistar™ 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 Orange County Sanitation District Printed on 8/20/2024Page 3 of 4 powered by Legistar™ 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 adierence 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 aairs, 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 eorts. 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 adierence 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 aairs, 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 eorts.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 dierence 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 aairs, 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 eorts. 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 dierence 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 aairs, 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: PSMA 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. Orange County Sanitation District Printed on 8/19/2024Page 1 of 3 powered by Legistar™ 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 powered by Legistar™ 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 Orange County Sanitation District Printed on 8/19/2024Page 3 of 3 powered by Legistar™ 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. 2 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 4 55880.00900\42505462.1 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, 5 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. Orange County Sanitation District Printed on 8/20/2024Page 1 of 2 powered by Legistar™ 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 powered by Legistar™ 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- 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 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 Orange County Sanitation District Printed on 8/20/2024Page 1 of 4 powered by Legistar™ 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. Orange County Sanitation District Printed on 8/20/2024Page 2 of 4 powered by Legistar™ 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. Orange County Sanitation District Printed on 8/20/2024Page 3 of 4 powered by Legistar™ 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) Orange County Sanitation District Printed on 8/20/2024Page 4 of 4 powered by Legistar™ 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.