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Home My WebLink About1998-07 FILED IN THE OFFICE OF THE SECRETARY ORANGE COUNTY SANITATION DISTRICT AUG 26 1998 DRAFT BY --MUTES OF COMBINED STEERING AND AD HOC COMMITTEES MEETING Wednesday, July 29, 1998 at 5 p.m. A meeting of the combined Steering/Ad Hoc Committees of the Orange County Sanitation District was held on Wednesday, July 29, 1998 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: OTHERS PRESENT: Directors Present: Thomas L. Woodruff, General Counsel Burnie Dunlap, Chair of the Board Charles Egigian-Nichols Peer Swan, Vice Chair Ryal Wheeler Pat McGuigan, Chair, OMTS Committee Jan Debay, Chair, PDC Committee STAFF PRESENT: George Brown, Chair, FAHR Committee Don McIntyre, General Manager John Collins, Past Chairman of the Board Blake Anderson, Asst. General Manager Jean Tappan, Committee Secretary Directors Absent: Mike Moore, Acting Director of Technical Bill Steiner, County Supervisor Services Mike Peterman, Director of Human Resources AD HOC COMMITTEE MEMBERS: David Ludwin, Director of Engineering Directors Present: Jim Herberg, Planning Engineer George Brown, Chair Peer Swan, Vice Chair Pat McGuigan, Chair, OMTS Committee Jan Debay, Chair, PDC Committee Norm Eckenrode, GWR Joint Coordinating Committee Member John Collins, Past Chairman of the Board Directors Absent: Bill Steiner, County Supervisor (2) APPOINTMENT OF CHAIR PRO TEM No appointment was necessary. OCSD • P.O.Box 6127 • Fountain Valley,CA 927288127 • (714) 962-2411 Minutes of the Combined Steering/Ad Hoc Committees Meeting Page 2 July 29, 1998 13) AGENDA The agenda was posted in accordance with the requirements of California Government Code Section 54954.2. (4) PUBLIC COMMENTS Charles Egigian-Nichols addressed the committee on his concerns regarding the controversy in Kem County over land application of biosolids. He asked the Directors to support staffs recommendations to help resolve the issues. (5) RECEIVE, FILE AND APPROVE MINUTES OF PREVIOUS MEETING The minutes of the of the June 24, 1998 Steering Committee meeting were approved as drafted. (6) REPORT OF THE COMMITTEE CHAIR Chair Burnie Dunlap announced that he has asked Director Norm Eckenrode to serve on the Ad Hoc Committee re Strategic Plan because of his representation on the Joint Coordinating Committee for the GWR project. Chair Dunlap also mentioned that the Grand Jury was here, at our invitation. The meeting and the tour were well received. Sheldon Singer, a former Director, is now a member of the Grand Jury. The only thing they questioned was why the District did not include all the smaller south county sanitation districts in the consolidation. A past Grand Jury originally suggested consolidation. (7) REPORT OF THE GENERAL MANAGER General Manager Don McIntyre asked that an item be added to the closed session to discuss SPMT negotiations. It was moved, seconded and unanimously approved to include the discussion in the closed session. (8) REPORT OF GENERAL COUNSEL General Counsel Tom Woodruff advised that during the public hearing at tonight's Board meeting, it was the power of the Chair to determine the time limit for public comments. Chair Dunlap indicated he would announce a three-minute limitation. Mr. Woodruff asked that a discussion of the Crow Winthrop connection fee claim be added to the Closed Session. It was moved, seconded and approved to include the discussion in closed session. Mr. Woodruff announced that last payment by Penn Wilson was received. The total, including interest, to rescind the contract was a bit over$200,000. Minutes of the Combined Steering/Ad Hoc Committees Meeting Page 3 July 29, 1998 (9) STEERING COMMITTEE DISCUSSION ITEMS (Items A-D) C. Biosolids Disposal in Kern Countv Blake Anderson explained the activities of staff pertaining to the issues of concern expressed by the Board of Supervisors of Kern County. To address the concerns, the Supervisors decided in July to develop an ordinance that includes monitoring, reporting, and inspection of the biosolids land application program. Kern County staff was directed to prepare a report on Class B biosolids and costs to repair the roads that have been damaged by the biosolids haulers. District's staff, as well as staff from Los Angeles County Sanitation District and the City of Los Angeles, has been working with Kem County to develop a plan to address the concerns, including paying a fair share for the road repairs. Additional fees may be included in the ordinance in the future, to pay for a Kern County on-site inspection program. The Supervisors also expressed concern about providing early education on the program, to help maintain public confidence in the use of biosolids. One of the growers has suffered crop losses for two seasons after applying our biosolids. This is the first instance of this occurrence. Soil testing will be done to try to determine what is causing the loss. However, a proposal has been made to reimburse the grower for the loss. Our share (about 80% of the total)will be split 50150 with Pima Gro, the hauling contractor. Others would reimburse the balance. Mike Moore, Acting Director of Technical Services, Layne Baroldi, and others from LACSD and the City of LA have been meeting with the fanners who apply the biosolids. There was some discussion about developing a reserve (insurance) fund to address problems in the future. This could be in the form of an additional charge added to the per/ton disposal fee. At this time, 80% (about 150,000 tons) of our biosolids are trucked to Kem County. The remainder is trucked to Riverside or King Counties. The biosolids applied in Kern County make up 5% of the total fertilizer needs of the area. Director Debay questioned the status of the state-wide biosolids EIR. This is underway, and is a two-year effort. It will set the stage for biosolids disposal into the next century. Staff requested no action by the members of the Steering Committee. However, if disposal costs are affected, the matter will be presented to the working committees. Action Item: Blake will prepare a report for the General Manager's August Letter to the Board. A. Settlement Agreement with Operating Industries, Inc. Superfund Site Mike Moore gave the background on this dump site, which was active between 1975 and 1982. During that time, the District hauled about 29,000 gallons of oil, water and sewage to the site. EPA has designated the property a 'superfund' site, and it is estimated that cleanup costs will run about$600 million. EPA offered a diminimus settlement as a Tier 1 participant. Payment of the settlement ($100,000)would remove the District from any liability. A 5% discount would be allowed if there was no challenge to the lawsuit. The staff recommendation to accept the settlement offer is on tonight's Board agenda. Minutes of the Combined Steering/Ad Hoc Committees Meeting Page 4 July 29, 1998 B. Staff Attendance at Committee Meetinos Jean Tappan, on behalf of the working committees secretaries, asked that the Directors consider moving the committee meetings to the Board Room to provide more seating for attendees other than committee members and involved staff. The members of the committee decided to keep the meetings in Conference Room A/B and provide additional seating separate from the tables for those whose attendance is not required- D. Discussion re DART Presentations At the General Managers request, this item was deferred to a future meeting. (10) REPORT OF THE AD HOC COMMITTEE CHAIR Chairman George Brown did not make a report. 111) COMBINED STEERING AND AD HOC COMMITTEES DISCUSSION ITEM A. Revisions to Strategic Plan Schedule Jim Herberg, Planning Engineer, reviewed the draft quarterly schedule. He recommended a delay of two months to the overall schedule to take another look at the effectiveness of the ballast around the outfall. This will result in some additional costs to extend the consultant's contract. With the delay, final adoption of the EIR will be in July 1999. The Board Workshop on Saturday,August 22, will review the PAC-, staff-and consultant- recommended alternatives and a straw vole will be taken. At the Combined Steering/Ad Hoc Committees meeting on August 26, the members will be polled to see if they are ready to make a decision on the preferred option. At the Regular Board meeting of September 23, a vote will be taken on the preferred alternative to include in the Draft EIR. There were no revisions to the proposed schedule changes. Before convening in Closed Session, the Directors agreed to delay the Closed Session item on the General Manager's performance evaluation to August. (12) CLOSED SESSION The Committee convened at 6:06 p.m. in Closed Session, pursuant to Sections 54956.9(a)(2) and 54957, to discuss one item of significant exposure of litigation against the District, and the status of Supervisory and Professional (SPMT) bargaining unit contract negotiations. Minutes of the Closed Session are on file with the Board Secretary. The minutes of a future Board Meeting will report on the actions when they are approved. At 6:15 p.m., the Committee reconvened in regular session. Minutes of the Combined Steering/Ad Hoc Committees Meeting Page 5 July 29, 1998 (13) OTHER BUSINESS, COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY Dates for the November and December Board of Directors Meetings were confirmed as November 18, 1998 and December 16, 1998. (14) MATTERS WHICH A DIRECTOR WOULD LIKE STAFF TO REPORT ON AT A SUBSEQUENT MEETING There were none. (15) CONSIDERATION OF UPCOMING MEETINGS The next Steering Committee meeting, which will be a combined meeting with the Ad Hoc Committee, is scheduled for August 26, 1998 at 5 p.m. (16) ADJOURNMENT The Chair declared the meeting adjourned at 6:20 p.m. Submitted by: J n Tappan Bring Committee Secretary Ne lbWp4el51EERINf coYxmEtwevutnneaeu.xl,,,inNr.. STATE OF CALIFORNIA ) ) SS. COUNTY OF ORANGE ) Pursuant to California Government Code Section 54954.2, 1 hereby certify that the Notice and the Agenda for the Joint Steering and Ad Hoc Committees meeting held on Wednesday, July 29, 1998, was duly posted for public inspection in the main lobby of the District's offices on Thursday, July 23, 1998. IN WITNESS WHEREOF, I have hereunto set my hand this 29th day of July, 1998. Aiofx A�� Penn Kyle, Seca ry o e Board of Directors of Orange County S itati District Posted: July 23 , 1998, 4:4g p.m. By: Signature wyexg,,,mrsan,Nywnnp.m, ORANGE COUNTY SANITATION DISTRICT 6 BOARD SECRETARY(2) pMne: (714)962-2411 .111 p edam: P0.Ban 8127 Fountain Valle,G 92728.8127 NOTICE OF COMBINED MEETING .tract a"ress: OF THE i C844 Ellis Avenue F ntain Valle,cA STEERING COMMITTEE AND 92708-7018 AD HOC COMMITTEE RE STRATEGIC PLAN MemMr ORANGE COUNTY SANITATION DISTRICT Agencies • citing WEDNESDAY, JULY 29, 1998 - 5 P.M. Mara. Brad Buena Park Caere.. DISTRICT'S ADMINISTRATIVE OFFICE Fountain Valley llerton F10844 ELLIS AVENUE Fullerton ccrden sate Huntington Beach FOUNTAIN VALLEY, CALIFORNIA 92708 Haire La Haar. e Palma Los Alamitos Abwport Beach 'arge A regular meeting of the Steering Committee of the Board of Directors of Placentia Berra Are Orange County Sanitation District, will be held at the above location, date seal Beach and time. The Ad Hoc Committee re Strategic Plan will meet with the Stanton r aan Steering Committee to discuss issues of mutual interest. ✓Ile Park Kira. Linda County of orange Sanitary Districts Cos. Mesa Midway ohy Water Districts Irvine Ranch -To Prorecr the Punic Health and Me Enmronmem through Excellence in"eta .her Systems' ROLL CALL (1) Roll Call: Meeting Date: July 29, 1998 Meeting Time: 5 P.m. Meeting Adjourned: Steering Committee Members Bumie Dunlap, Chairman John J. Collins, Past Joint Chairman........................ Peer A. Swan, Vice Chairman.................................. George Brown, Chair, FAHR.................................... Jan Debay, Chair, PDC............................................ Pat McGuigan, Chair, OMTS.................................... Bill Steiner, Supervisor............................................. Ad Hoc Committee Members John J. Collins, Past Joint Chairmen........................� Peer A. Swan, Vice Joint Chairman.......................... George Brown, Ad Hoc Committee Chair................. _ Jan Debay, Chair, PDC............................................ Pat McGuigan, Chair, OMTS.................................... _ Norm Eckenrode, Member, GWR Joint Coordinating Committee..............................� BillSteiner, Supervisor............................................. Others Thomas L. Woodruff, General Counsel .............. Staff Present Donald F. McIntyre, General Manager...................... Blake P. Anderson,Assistant General Manager....... David Ludwin, Director of Engineering......................_ Jim Herberg, Planning Engineer............................... Greg Mathews, Assistant to the General Manager...._ Michelle Tuchman, Director of Communications......._ Jean Tappan, Secretary...........................................— c: Debbie Lecuna �m AGENDA COMBINED MEETING OF THE STEERING AND AD HOC COMMITTEES ORANGE COUNTY SANITATION DISTRICT WEDNESDAY, JULY 29, 1998 AT 5 P.M. ADMINISTRATIVE OFFICE 10844 Ellis Avenue Fountain Valley, California (1) ROLL CALL (2) APPOINTMENT OF CHAIR PRO TEM. IF NECESSARY (3) AGENDA In accordance with the requirements of California Government Code Section 54954.2, this agenda has been posted in the main lobby of the District's Administrative Office not less than 72 hours prior to the meeting date and time above. All written materials relating to each agenda item are available for public inspection in the office of the Board Secretary. In the event any matter not listed on this agenda is proposed to be submitted to the Combined Steering and Ad Hoc Committees for discussion and/or action, it will be done in compliance with Section 54954.2(b) as an emergency item or that there is a need to lake immediate action which need came to the attention of the District subsequent to the posting of the agenda, or as set forth on a supplemental agenda posted not less than 72 hours prior to the meeting date. (4) PUBLIC COMMENTS All persons wishing to address the Combined Steering and Ad Hoc Committees on specific agenda items or matters of general interest should do so at this time. As determined by the Chairman, speakers may be deferred until the specific item is taken for discussion and remarks may be limited to five minutes. Matters of interest addressed by a member of the public and not listed on this agenda cannot action taken by the Committees except as authorized by Section 54954,2(b). OCSD 0 P.O.Box 8127 0 Fountain Valley,CA 927284127 a(714)962-2411 -2- July 29, 1998 Agenda (5) APPROVE MINUTES OF PREVIOUS MEETING Approve Draft Minutes of the June 24, 1998 Steering Committee Meeting. (6) REPORT OF STEERING COMMITTEE CHAIR (7) REPORT OF GENERAL MANAGER (8) REPORT OF GENERAL COUNSEL (9) STEERING COMMITTEE DISCUSSION ITEMS (Items A-D) A. Settlement Agreement with Operating Industries, Inc. Superfund Site (Blake Anderson) B. Direction re Staff Attendance at Committee Meetings (Jean Tappan) C. Biosolids Disposal in Kem County (Blake Anderson) D. Discussion re DART Presentations (Don McIntyre) (10) REPORT OF THE AD HOC COMMITTEE CHAIR (11) COMBINED STEERING AND AD HOC COMMITTEES DISCUSSION ITEMS (Item A) A. Revisions to Strategic Plan Schedule (Jim Herberg) (12) CLOSED SESSION During the course of conducting the business set forth on this agenda as a regular meeting of the Steering Committee, the Chair may convene the Committee in closed session to consider matters of pending real estate negotiations, pending or potential litigation, or personnel matters, pursuant to Government Code Sections 54956.8, 54956.9. 54957 or 54957.6, as noted. Reports relating to (a) purchase and sale of real property; (b) matters of pending or potential litigation; (c) employment actions or negotiations with employee representatives; or which are exempt from public disclosure under the California Public Records Act, may be reviewed by the Directors during a permitted closed session and are not available for public inspection. At such time as final actions are taken by the Board on any of these subjects, the minutes will reflect all required disclosures of information. -3- July 29, 1998 Agenda A. Convene in closed session pursuant to Section 54957 to: 1) Evaluate General Managers Performance (May 15, 1998 memo included separately with agenda—information will be updated verbally at the meeting) 2) Review Executive Management Team and Management Employees Ratings (13) OTHER BUSINESS, COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY (14) MATTERS WHICH A DIRECTOR WOULD LIKE STAFF TO REPORT ON AT A SUBSEQUENT MEETING (15) MATTERS WHICH A DIRECTOR MAY WISH l'O PLACE ON A FUTURE AGENDA FOR ACTION AND STAFF REPORT (16) FUTURE MEETING DATES The next Steering Committee Meeting is scheduled for 5 p.m., Wednesday, August 26, 1998. The next scheduled Combined Steering Committee and Ad Hoc Committee meeting is scheduled for 5 p.m., Wednesday, September 23, 1998. Jt n:rymwqw.vssmwoca uW� Notice to Committee Members: For any Questions on the agenda or to place hems on the agenda,Committee members should contact the Committee Chair or the secretary ten days in advance of the Committee meeting. Committee Char. Burnie Dunlap (714)990-7718(Brea City Hall) Secretary. Jean Tappan (714)593-7101 (714)962-0356(Fax) e-mail: jtappan@omd.com County Sanitation Districts of Orange County,California P.O. Box 8127 • 10844 Ellis Avenue Fountain Valley,CA 92728-8127 Telephone: (714)962-2411 DRAFT MINUTES OF THE COMBINED STEERING AND AD HOC COMMITTEES Wednesday, June 24, 1998 at 5:30 p.m. A combined meeting of the Steering and Ad Hoc Committees of the County Sanitation Districts Nos. 1, 2, 3, 5, 6, 7, 11, 13 and 14 of Orange County, California was held on Wednesday, June 24, 1998, at the Districts'Administrative Office. ROLL CALL The roll was called and a quorum declared present, as follows: OTHERS PRESENT: PRESENT: Thomas L.Woodruff,General Counsel John J. Collins,Joint Chair Ryal Wheeler George Brown, Chair,FAHR Shirley Dettloff,Chair,Dist. 11 Burnie Dunlap,Chair,PDC STAFF PRESENT: Pat McGuigan,Chair,OMTS Donald F.McIntyre,General Manager Bill Steiner,Director/Supervisor Ed Hodges,Director of General Services Administration Mike Moore,Acting Director of Technical ABSENT: Services Peer Swan,Vice Joint Chair Michelle Tuchman,Director of Communications Jan Debay,Chair,District 5 Jim Herberg,Planning Engineer Jean Tappan,Committee Secretary APPOINTMENT OF CHAIR PRO TEM No appointment was necessary. PUBLIC COMMENTS There were no comments by any member of the public. RECEIVE. FILE AND APPROVE MINUTES OF PREVIOUS MEETING The draft minutes of the May 27. 1998 Steering Committee meeting were received, fled and approved as mailed. Minutes of the Combined Steering and Ad Hoc Committees Page 2 June 24, 1998 REPORT OF THE STEERING COMMITTEE CHAIR The Committee Chair did not make a report. REPORT OF THE GENERAL MANAGER The General Manager Don McIntyre mentioned that there will be presentations to the working committees next month by several members of the DART Committee. The Executive Management Team heard the presentation on Monday. This is the first major step in the bottoms-up effort to re- engineer the operations and maintenance functions of the Districts. Mr. McIntyre also requested that Discussion Item 5, Executive Management Pay, be moved to closed session. There were no objections. There is a construction project underway in Newport Beach to relocate the Lido Pump Station. Because it is about 40 feel below street level, piling driving is required. This is a noisy activity and causes the ground to vibrate. The nearest homeowner is disgruntled. He works out of his home. He called OCN last week, and the station ran a news story. The resident also hired an attorney; John Cavanaugh from General Counsel's office is handling this matter. Staff has offered to provide an apartment for him for three months, but no response has been received to date. Mr. McIntyre briefly discussed the response to the rate structure change notification. Discussion Item 3 was moved to complete the report. 3. Proposed Rate Structure Changes A. Public Response to Notification Michelle Tuchman reported that 40,000 notices were mailed to non-residential and multi-family residential parcels the week of June 8. Eight staff members received training to answer callers' questions on a special telephone hotline, including one who is bi-lingual. About 350 calls have been received, many who are owners of small restaurants and car washes. Letters and a-mails have also been received. Some have indicated that they will attend the public hearing. B. Second Hearing and Adoption of Ordinance on July 29, 1998 Prior to the public hearing at the June 29, 1998 Board meeting, a notice must be published. The members of the Committee directed Michelle to prepare a notice that complies with the requirements of the law. Contingency plans were discussed, in the event there is a large public turnout for the hearing. The Board Room is limited to 90. Additional sealing and speakers can be provided in the lobby and outside if necessary. Crowd and traffic control, provisions for parking and additional speakers should be available. There should also be staff members available to provide directions. When the logistics are finalized, faxes should be sent to the Directors advising them of the measures that will be in place. REPORT OF GENERAL COUNSEL General Counsel did not make a report. Minutes of the Combined Steering and Ad Hoc Committees Page 3 June 24, 1998 DISCUSSION ITEMS (Nos. 1-2, 4-6) 1. Appointments to Cooperative Programs Guidance Committee Ed Hodges defined the program which provides funds to cities for projects that reduce influent flows, such as reducing I and I, identifying illegal connections, identifying small lines, and developing maintenance standards. The program will be presented to the OMTS in July. A workshop is scheduled for September. Proposals will be solicited in October. In December, members of the Cooperative Programs Guidance Committee would review and rank the proposals and make recommendations through Ed Hodges to the Board. Membership of the Committee was discussed. Staff was directed to revise the number of members to 9, including 3 Directors (the Chairman of the Board and two appointees by the Chairman), the General Manager or Assistant General Manager, 3 city representatives recommended by the City Managers Association, and 2 staff members appointed by the General Manager. Tern limits should also be considered. As the program progresses, representatives from the regulatory agencies may be invited to attend the meeting for informational purposes. The General Manager also indicated that conservation projects may be included in the program. The committee will only make recommendations, not policy. 2. Update on Proposed Agenda for July 1 Special Board Meeting General Counsel Tom Woodruff reviewed the draft agenda for the July 1 Special Board meeting. The Directors suggested changing the sequence of several items. There will be at least 40 items on the Consent Calendar. On the Non Consent Calendar, the existing fee ordinance has been changed to separate ordinances for each class of fees in an effort to make revisions easier. Staff was directed to eliminate copies of the resolutions and the ordinances in the agenda packages for this meeting. They will be available for review in the Board Secretary's office. 4. Assign Representatives to Attend California Association of Sanitation Agencies (CASA) Meetings The Executive Committee, comprised of the chairmen of each District, is being eliminated by consolidation. Those members were the assigned delegates to CASA. The Committee recommended that members of the Steering Committee plus up to five other Board members appointed by the Chairman be assigned as representatives. 5. Executive Management Pav This item was moved to Closed Session. 6. Review Agenda Items Scheduled to Be Presented to Committees in Julv The Committee made no changes to the proposed agenda items. Minutes of the Combined Steering and Ad Hoc Committees Page 4 June 24, 1998 REPORT OF THE AD HOC COMMITTEE CHAIRMAN Ad Hoc Committee Chairman George Brown indicated that no decision was made at the June 17, 1998 meeting. It was a presentation of the four scenarios and five categories that will have to be considered at a future meeting. APPROVE MINUTES OF THE PREVIOUS AD HOC COMMITTEE MEETING The minutes of the June 17, 1998 Ad Hoc Committee meeting were approved as drafted. COMBINED STEERING COMMITTEE AND AD HOC COMMITTEE DISCUSSION ITEMS (One Item) 1. Review Proposed Meeting Schedule for the Months July. August. and September Jim Herberg presented the Strategic Plan Quarterly Schedule of Events. The next meeting of the Ad Hoc Committee will be combined with the PDC Committee on August 6 to discuss cooperative projects. CLOSED SESSION The Committee convened at 6:45 p.m. in Closed Session, pursuant to Section 54957, to discuss Executive Management compensation. Minutes of the Closed Session are on file with the Board Secretary. The minutes of the Joint Board will report on the actions when they are approved. At 7:06 p.m., the Committee reconvened in regular session. OTHER BUSINESS, COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY There was no other business discussed. MATTERS WHICH A DIRECTOR WOULD LIKE STAFF TO REPORT ON AT A SUBSEQUENT MEETING There were none. CONSIDERATION OF UPCOMING MEETINGS The next Steering Committee meeting is scheduled for July 29, 1998 at 5 p.m. Minutes of the Combined Steering and Ad Hoc Committees Page 5 June 24, 1998 ADJOURNMENT The Chair declared the meeting adjourned at 7:07 p.m. S bmitted by: / J a Tappan, Steedn o mittee Secretary X 1w9.Ob V YeM�VS1EEF1111M0 L01OARiFFBTIUINOdBB minYb.OF