HomeMy WebLinkAbout11-19-2003 Steering Committee MinutesDRAFT
MINUTES OF STEERING COMMITTEE MEETING
Wednesday, November 19, 2003
A meeting of the Steering Committee of the Orange County Sanitation District was
held on Wednesday, November 19,2003 at 5 p.m., in the District's Administrative
Office.
(1) The roll was called and a quorum declared present, as follows:
STEERING COMMITTEE MEMBERS:
Directors Present:
Shirley McCracken, Chair
Steve Anderson, Vice Chair
Jim Ferryman, Chairman, OMTS Committee
Brian Donahue, Chairman, PDC Committee
Jim Silva, County Supervisor
Norm Eckenrode, Past Board Chair
Directors Absent:
Brian Brady, Chairman, FAHR Committee
(2) APPOINTMENT OF CHAIR PRO TEM
No appointment was necessary.
(3) PUBLIC COMMENTS
OTHERS PRESENT:
Thomas L. Woodruff, General Counsel
Don Hughes
Ryal Wheeler
Gerhardt Van Drie
STAFF PRESENT:
Blake Anderson, General Manager
Bob Ghirelli, Director of Technical Services
Bob Ooten, Director of Operations and
Maintenance
Carol Beekman, Communications Services
Manager
Mike Moore, ECM Manager
Jim Colston, Legal and Regulatory Affairs
Liaison
Jean Tappan, Committee Secretary
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Mr. Gerhardt Van Drie asked for a copy of the correspondence pertaining to his proposal.
(4) RECEIVE, FILE AND APPROVE MINUTES OF PREVIOUS MEETING
The minutes of the October 22, 2003 Steering Committee meeting were approved as drafted.
Minutes of the Steering Committee
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November 19, 2003
(5) REPORT OF THE COMMITTEE CHAIR
Committee Chair Shirley McCracken announced that the CASA Conference will be held January 21-
24 in Palm Springs.
Chair McCracken also announced that she is changing the governance system for the Cooperative
Projects Guidance Committee. It will be chaired by the Board's Vice Chair, Steve Anderson, and
include the chairs of the three standing committees and the Board of Supervisors representative.
They will be the voting members of the committee. This is a significant change from the last five
years when city managers and sanitary district managers were also voting members. However, the
involvement and input from the cities and the districts we serve remains important and staff will invite
all of them to future cooperative projects committee meetings. The Guidance Committee will
continue to report to the Board through the PDC Committee, as it has been doing.
Chair McCracken reported that the Directors Compensation Task Committee continues to work on
refining the policies and procedures. A report will be forthcoming.
The report of the Legislative Advocacy Ad Hoc Committee will be made under Agenda Item 8.B.
(6) REPORT OF THE GENERAL MANAGER
A. Staff Response to Unsolicited Proposals
General Manager Blake Anderson reported that staff evaluated the unsolicited
proposal from Mr. Gerhardt Van Drie and has recommended that no action be taken
at this time. He commented on staff's ongoing practice of providing information that
members of the public request. Mr. Anderson also reported that staff has spent a
considerable amount of time meeting with the proposer, conducting tours, reviewing
data and answering questions but due to construction and operating constraints, as
well as a lack of necessary data as out lined in Mr. Ooten's memo, no action is
recommended.
B. Update on SAWPA Agreement Negotiations
Meetings continue between the Sanitation District and SAWPA. The amount of
outstanding invoices and interest on overdue amounts has been established. The
terms for SAWPA's option to purchase the SARI line have been established including
the pricing structure for how SAWPA eventually sells back treatment capacity and
sewer capacity to the District if their proposed brine line to the ocean is constructed.
The problematic issue at this time is what happens in 2008 if SAWPA hasn't bought
the 4-mile stretch of the SARI line or Orange County Flood Control and the Corps of
Engineers haven't issued a notice to proceed with the line improvements. Both sides
continue to try to reach an agreement. It is anticipated that the agreement will move
through the FAHR Committee to the Board in December.
Another concern that has surfaced is the progress on the CA Fish and Wildlife
Services studies as a result of a federal court case brought by an environmental group
to protect the critical habitat of the Santa Ana Sucker. The results must be addressed
in the EIS/EIR. If the federal agency studies are not forthcoming, the District could
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November 19, 2003
ask for a federal hearing on the problems. The County of Orange, Orange County
Water District and SAWPA also are stakeholders in the process as they have projects
that impact the river watershed.
It was suggested that the lobbyists for the impacted agencies work together on this
issue in an effort to keep the project moving.
(7) REPORT OF GENERAL COUNSEL
General Counsel Tom Woodruff did not make a report.
(8) DISCUSSION ITEMS (Items A-E)
A. Joint Water Campus and Related Signage Concepts
The District has conceptually agreed to allowing the chemical trucks for GWRS to
come through our Ellis Avenue gate to reduce traffic on Ellis and Ward, to reduce the
noise impacts, improve safety, maintain good relations with our neighbors and the City
of Fountain Valley, and to guarantee unrestrained night-time deliveries to GWRS. The
District has always attempted to take extra measures to protect the interests of our
neighbors around our treatment plants. The signage at the front gate is under study
as well as the appropriate level of security and access to areas of the treatment plant.
By providing an entrance road to access the Sanitation District, the Water District,
NWRI and MWDOC, a water campus could be created that will address both traffic
and security issues. A second entrance on Ward is also contemplated that would
provide the same level of access from that direction as well. Once GWRS is online,
an increase in visitors is expected and many of them will want to tour the Sanitation
District as well. Easy access for visitors and delivery trucks through one entrance
provides a better opportunity for security checks. Director John Collins has asked for
the general counsels of all agencies to make certain there isn't a liability issue.
General Counsel Woodruff reported that he doesn't see any increased liability with the
proposed change but an evaluation will be made.
The Committee agreed to send the item through our working committees and report
back to the JCC.
B. Update on the Renewal of the NPDES Ocean Discharge Permit
Jim Colston updated the Committee on ongoing negotiations for the NPDES permit.
He described the contents of the operational plan and proposed changes to it and
explained the proposed interim limits that will be in effect until secondary treatment is
achieved. Bob Ooten said that Operations has been able to do better than the
proposed limits through optimizing the system. Two-thirds of our ocean discharge
now receives secondary treatment. Disinfection will be included for the duration of the
2004-09 Permit. Engineering is looking at final alternatives for permanent disinfection
which will be included in the next permit.
Mr. Colston explained that once the permit is issued, the process requires that the
District be sued and a consent decree will then be signed. This will allow the District
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November 19, 2003
the time it needs to convert to full secondary treatment.
Staff will continue to update the Committee on future activities and progress.
C. Legislative Consultant Contracts
Bob Ghirelli updated the committee on the federal, state and local legislative advocacy
activities in the past month. The EPA funding bill is one of four spending bills still
pending before Congress and our lobbyists are continuing their work to secure funding
for OCSD in that process. In February, Board members will be visiting key members
of Congress to bolster support for our $3 million request and begin to lay the
groundwork for an authorization in next year's session. State lobbyists are following
the changes in Sacramento and looking for opportunities to gain support for the
District's issues and funding requests. Staff is going to be working more closely with
the Water District, the Orange County Business Council and the County of Orange on
legislative initiatives of mutual interest.
Bob Ghirelli reported that staff was directed to prepare contracts for the consultants at
last month's Steering Committee.
MOVED, SECONDED AND DULY CARRIED TO: Recommend to the Board that it:
1) Establish a budget of $320,000 for state and federal legislative advocacy; 2)
Authorize the General Manager to enter into Consultant Services Agreements with
ENS Resources, Inc., for a contract amount not to exceed $180,000; Mayer, Brown,
Rowe & Maw, LLP, for a contract amount not to exceed $60,000; and Townsend
Public Affairs, Inc., for a contract amount not to exceed $60,000, for a one-year
period, effective January 1, 2004 through December 31, 2004, which will provide for
professional advocacy services in a form approved by General Counsel; and 3) Each
contract will be renewable for up to three (3) one-year periods at the discretion of the
General Manager.
D. The Agenda Items scheduled to be reviewed by the Board's working committees in
December were reviewed.
E. The agenda items scheduled to be presented to the Board at tonight's meeting were
reviewed.
(9) OTHER BUSINESS, COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY
There was no other business discussed.
(10) MATTERS WHICH A DIRECTOR WOULD LIKE STAFF TO REPORT ON AT A
SUBSEQUENT MEETING
There were none.
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November 19, 2003
(11) MATTERS WHICH A DIRECTOR MAY WISH TO PLACE ON A FUTURE AGENDA FOR
ACTION AND/OR STAFF REPORT
There were none.
(12) CONSIDERATION OF UPCOMING MEETINGS
The next Steering Committee meeting is scheduled for Wednesday, December 17, 2003 at 5 p.m.
The next Board Meeting is scheduled for Wednesday, December 17, 2003 at 7 p.m.
(13) CLOSED SESSION
The Committee convened at 6:12p.m. in Closed Session, pursuant to Section 54957, to
evaluate General Counsel Services. Minutes of the Closed Session are on file with the Board
Secretary. Confidential Minutes of the Closed Session held by the Steering Committee have
been prepared in accordance with Government Code Section 54957.2, and are maintained by
the Board Secretary in the Official Book of Confidential Minutes of Board and Committee Closed
Meetings. A report of the recommended actions will be publicly reported at the time the
approved actions become final.
At 6:55p.m., the Committee reconvened in regular session.
(14) ADJOURNMENT
The Chair declared the meeting adjourned at 6:55 p.m.
J a Tappan
ring Committee Secretary
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