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HomeMy WebLinkAbout1999-04 DRAFT FILED IN THE OFFICE OF THE SECRETARY ORANGE COUNTY SANITATION DISTRICT MINUTES OF COMBINED STEERING AND AD HOC COMMITTEES MEETING MAY 226 1999 Wednesday, April 28, 1999 s Ile A combined meeting of the Steering and Ad Hoc Committees of the Orange County Sanitation District was held on Wednesday, April 28, 1999 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: OTHERS PRESENT: Jan Debay, Chair of the Board Thomas L. Woodruff, General Counsel Pat McGuigan, Chairman, OMTS Committee Don Hughes Norm Eckenrode, Chairman, PDC Committee Ryal Wheeler Tom Saltarelli, Chairman, FAHR Committee Jim Silva, County Supervisor John Collins, Past Chairman of the Board STAFF PRESENT: Don McIntyre, General Manager Directors Absent: Blake Anderson, Asst. General Manager Peer Swan, Vice Chair Jean Tappan, Committee Secretary Bob Ghirelli, Director of Technical Services AD HOC COMMITTEE MEMBERS: Mike Moore, Manager of ECM Division Directors Present: David Ludwin, Director of Engineering Jan Debay, Chair of the Board Jim Herberg, Engineering Supervisor Pat McGuigan, Chairman, OMTS Committee Mike Pelemlan, Director of Human Resources Norm Eckenrode, Chairman, PDC Committee Michelle Tuohman, Director of Communications Tom Saltarelli, Chairman, FAHR Committee Gary Streed, Director of Finance John Collins, Past Chairman of the Board Directors Absent: Peer Swan, Vice Chair (2) APPOINTMENT OF CHAIR PRO TEM No appointment was necessary. (3) PUBLIC COMMENTS There were no comments by any member of the public. (4) RECEIVE. FILE AND APPROVE MINUTES OF PREVIOUS MEETING The minutes of the of the March 24, 1999 Combined Meeting of the Steering and Ad Hoc Committees were approved as drafted. Minutes of the Steering Committee Page 2 April 28, 1999 Q (5) REPORT OF THE COMMITTEE CHAIR The Committee Chair did not make a report. (6) SPECIAL REPORT BY DIRECTOR SALTARELLI RE CROW WINTHROP MEETING This report was deferred until Director Saltarelli arrived. (See below) (7) REPORT OF THE GENERAL MANAGER General Manager McIntyre indicated that the status of SPMT negotiations would be discussed in Closed Session. A. Update on Kem County Issues re Biosolids Disposal Blake Anderson and Mike Moore explained the ongoing activities associated with the biosolids ordinance being considered by the Kem County Board of Supervisors. Staff continues to monitor and participate as necessary. B. The Fair Competition and Taxpayer Savings Act Blake Anderson provided a heads up that a recent California Supreme Court ruling has determined that state resources (civil servants) are to be allowed to provide engineering services on state funded projects. Several bills are being drafted that would allow the continuation of public-private partnerships, and there is an initiative process that is underway. If the initiative is approved, it would appear on the March 2000 ballot. Staff, at that time, would seek active support from the Board by way of a resolution. C. Update on California Water Bond Mr. Anderson reported that SAWPA is building a coalition to get a water bond that would address issues of importance to the District and other agencies in the watershed. When the ballot measure is presented to the voters, staff will seek support from the Board. D. Legislators Day at the District. and E. Managing Public Outrage with Peter Sandman Michelle Tuchman described several events that the Directors may wish to participate in: Legislators' Day on Friday, June 25 between 8:30 and 11:30 a.m.; a day-long workshop with Peter Sandman on Wednesday, October 20; and a tour of the Chino Basin and surrounding drainage area on Saturday, June 12. Ms. Tuchman also presented concept drawings of new signage for the CNG station that will be presented to the City of Fountain Valley for review. After discussion, it was determined that the Committee meetings would continue to be held in Conference Room A/B, unless there is a special event that could result in larger than usual attendance. Bob Ghirelli, Director of Technical Services, reported that there was a NPDES permit violation in February that was not caught until well after the fact, and as a result EPA and the Regional Board were not notified as required. However, once it was identified, staff immediately notified the regulators by letter and has developed an action plan to determine where the compound entered the influent. The new computer module of LIMS will prevent this from occurring in the future. Procedures are being reviewed to ensure that this won't happen again. -i Minutes of the Steering Committee Page 3 April 28, 1999 (8) REPORT OF GENERAL COUNSEL General Counsel reported on the claim submitted by Colich Construction re the Slater Avenue Pump Station project, Contract No. 11-17. A construction analyst will be engaged to evaluate records and data and provide an opinion to try to resolve this issue. (9) DISCUSSION ITEMS (Items A-D) A. Service to Areas Outside the District's Boundary Gary Streed provided the additional information requested at last month's Steering Committee meeting on the existing policy. The proposed changes would allow service for all areas within the natural drainage areas to the Sanitation District, some outside of Orange County. The request from Brea has been incorporated into the resolution. Tom Woodruff, General Counsel, indicated that the because this is a policy and not an ordinance, the Board could make changes or waive certain requirements. It was moved, seconded and approved to forward the policy to the Board at the May meeting. B. Lemon Heights Annexation Agreements David Ludwin, Director of Engineering, reported on the status of the developers request to annex property to the District and to provide a pump station to handle flow from this 'Island' in unincorporated County territory. Other homeowners have requested that they be part of the annexation, and as a result 44 homeowners will be signing agreements to annex to the District. These requests will be presented to the Board in May. Following LAFCO approval, the Board will be asked to approve the annexations. (6) At 6 p.m. Director Saltarelli arrived and described his meeting with Mr. Bill Lane of Crow Winthrop on their claim against the District regarding the Consolidation. It appears that an agreement has been reached wherein Crow Winthrop will drop its claim and the District will continue to work to reach agreement on the pump station relocation and future sewering of the Park Place development. Nothing has been received in writing to date. (9) continued C. Computer Loan Program for Directors Don McIntyre explained the computer loan program currently offered to employees and asked if there was any interest in expanding it to include Directors. After discussion, it was decided to discuss the issue at a future FAHR Committee meeting, after contacting the Political Fair Practices Commission on appropriateness. D. The agenda items scheduled to be presented to Committees in May were reviewed. (10) REPORT OF AD HOC COMMITTEE CHAIR Chair Collins did not make a report. Minutes of the Steering Committee 1 Page 4 Apnl 28, 1999 (11) AD HOC COMMITTEE DISCUSSION ITEMS A. Seaside Financial Lease Agreement at Plant 1 The current lease agreement with Seaside Financial for the storage facility is scheduled to terminate in September 1999. Staff recommended that the lease be extended with the same terms until December 2001. At that time, the lease could be extended on an agreed upon term but with a reduced area to provide space that could be required by the GWR project. The members of the Steering Committee agreed with the recommendation. B. Recommend providing a Verbal Report re GWR Joint Coordination Committee at monthly Board meetings C. Recommend that the Board receive and file minutes of the Joint Coordination Committee meetings D. Recommend that all Joint Coordination Committee recommendations requiring Board approval be presented directly to the Board Ad Hoc Committee Chair Collins recommended that items B., C., and D. be considered together. It was moved, seconded and approved to accept staff recommendations. Items of special interest and without urgency, however, will continue to be presented to the PDC Committee, as determined by the Ad Hoc Committee Chair. (12) OTHER BUSINESS, COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY There was no other business discussed. (13) MATTERS WHICH A DIRECTOR WOULD LIKE STAFF TO REPORT ON AT A SUBSEQUENT MEETING Director Collins asked that the issue of Director Compensation be considered at a future FAHR Committee. General Counsel Woodruff indicated that changes to the compensation structure require legislative action and that CASA is currently working on identifying a bill currently under consideration that this could be added to. Mr. Woodruff will report back to the Committee at the next meeting on the status. (14) MATTERS WHICH A DIRECTOR MAY WISH TO PLACE ON A FUTURE AGENDA FOR ACTION AND/OR STAFF REPORT There were none. Minutes of the Steering Committee Page 5 April 28, 1999 (15) CONSIDERATION OF UPCOMING MEETINGS The next Steering Committee meeting is scheduled for May 26, 1999 at 5 p.m. (16) CLOSED SESSION The Committee convened at 6:34 p.m. in Closed Session, pursuant to Section 54957, to consider the appointment of a public employee to the position of General Manager and to consider the terms of a termination agreement. Minutes of the Closed Session are on file with the Board Secretary. The minutes of the Joint Board vnll report on the actions when they are approved. At 6:58 p.m., the Committee reconvened in regular session. (17) ADJOURNMENT The Chair declared the meeting adjourned at 6:58 p.m. Prepared by Ilk— Jean Tappan Steering Committee Secretary iwomr.rMe edb�+•��ar c�mxmnamuena7aw sc M:.wre: 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 Steering Committee meeting held on Wednesday, April 28, 1999, was duly posted for public inspection in the main lobby of the District's offices on Thursday, April 22, 1999. IN WITNESS WHEREOF, I have hereunto set my hand this 28th day of April, 1999. NYC` Penny Kyle, See(Wryp the Board of Directors of Orange County Sanitation District Posted: April 22 , 1999, •3U p.m. By: Signature ORANGE COUNTY SANITATION DISTRICT phone: (7 14)952-2411 m.gln,agar.... P.O Box 8127 Fountain valley.CA 92728-Bl27 NOTICE OF COMBINED MEETING ...a add.. OF THE 10944 Ellis Avenue Fountain valley.CA STEERING COMMITTEE AND 9270E-7018 AD HOC COMMITTEE RE STRATEGIC PLAN Member ORANGE COUNTY SANITATION DISTRICT Agencies • cities WEDNESDAY, APRIL 28, 1999 - 5 P.M. Anaheim Brae Buena Park Lypra.. DISTRICTS ADMINISTRATIVE OFFICE Fountein Valley Fml.rtan 10844 ELLIS AVENUE Gordoncrave Huntingtongton Beach FOUNTAIN VALLEY, CALIFORNIA 92708 Irvine Le Hebre La Palma Les Alan— Navel Beach Orange A regular meeting of the Steering Committee of the Board of Directors of Praaenp'a Sera. Ana Orange County Sanitation District, will be held at the above location, date Seat Beach and time. The Ad Hoc Committee will join the meeting to discuss items of SYsntin instill mutual interest. Ville Park Yorba Linda County of Orange Sandier, Districts Costa Mesa Midway City Water District. Irvine Ranch To Protect the Public Health and the Environment through Excellence in Wastewater systems- STEERING COMMITTEE AND BOARD MEETING DATES FOR THE NEXT TWELVE MONTHS Wednesday, April 28, 1999 Wednesday, May 26, 1999 Wednesday, June 23, 1999 Wednesday, July 21', 1999 Wednesday, August 25, 1999 Wednesday, September 22, 1999 Wednesday, October 27, 1999 Wednesday, November 17', 1999 Wednesday, December 15', 1999 Wednesday, January 26, 2000 Wednesday, February 23, 2000 Wednesday, March 22, 2000 Wednesday, April 26, 2000 "Tentatively rescheduled from regular fourth Wednesday. STEERING COMMITTEE (1) Roll Call: Meeting Date: April 28, 1999 Meeting Time: 5 P.m. Meeting Adjourned: Committee Members Jan Debay, Chair of the Board ............................ John J. Collins, Past Joint Chairman .................... Peer A. Swan, Vica Chair................................... Norm Eckenrode, Chair, PDC Committee .............. _ Pat McGuigan, Chair, OMTS Committee ............... Tom Saltarelli, Chair, FAHR Committee ................ Jim Silva, Supervisor ........................................ Others Thomas L. Woodruff, General Counsel .................... Staff Present Donald F. McIntyre, General Manager...................... Blake P. Anderson, Asst. General Manager............. David Ludwin, Director of Engineering...................... Jim Herberg, Engineering Supervisor....................... Ed Hodges, Director of General Services Admin. ....._ Michelle Tuchman, Director of Communications......._ Jean Tappan, Secretary........................................... c: Debbie Lecuna AGENDA COMBINED MEETING OF THE STEERING COMMITTEE AND AD HOC COMMITTEE RE STRATEGIC PLAN ORANGE COUNTY SANITATION DISTRICT WEDNESDAY, APRIL 28, 1999 AT 5 P.M. ADMINISTRATIVE OFFICE 10844 Ellis Avenue Fountain Valley, Califomia 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 Steering androrAd Hoc Committees for discussion and/or action, it will be done in compliance with Section 54954.2(b)as an emergency Rem or that there is a need to take 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. (1) ROLL CALL (2) APPOINTMENT OF CHAIR PRO TEM. IF NECESSARY (3) PUBLIC COMMENTS All persons wishing to address the Steering Committee or the Ad Hoc Committee on specific agenda items or matters of general interest should do so at this time. As determined by the Chair, 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 Committee except as authorized by Section 54954.2(b). -2- April 28, 1999 Agenda (4) APPROVE MINUTES OF PREVIOUS MEETING Approve draft minutes of the March 24, 1999 Combined Meeting of the Steering Committee and the Ad Hoc Committee re Strategic Plan. (5) REPORT OF COMMITTEE CHAIR (6) SPECIAL REPORT BY DIRECTOR SALTARELLI RE CROW WINTHROP MEETING (7) REPORT OF GENERAL MANAGER—Information Items A. Update on Kem County Issues re Biosolids Disposal (Blake Anderson) B. The Fair Competition and Taxpayer Savings Act (see enclosure) (Blake Anderson) C. Update on California Water Bond (Blake Anderson) D. Legislators Day at the District (Michelle Tuchman) E. Managing Public Outrage with Peter Sandman (Michelle Tuchman) (8) REPORT OF GENERAL COUNSEL A. Colich Claim re Contract No. 11-17 (9) STEERING COMMITTEE DISCUSSION ITEMS (Items A-D) A. Service to Areas Outside the District's Boundary (Gary Streed) B. Lemon Heights Annexation Agreements (Information item only) (David Ludwin) C. Computer Loan Program for Directors (Don McIntyre) D. Review Agenda Items scheduled to be presented to Committees in May (Information item only) (10) REPORT OF AD HOC COMMITTEE CHAIR (11) AD HOC COMMITTEE DISCUSSION ITEMS A. Seaside Financial Lease Agreement at Plant 1 (Jim Herberg) B. Request to provide Verbal Report re GWR Joint Coordination Committee at monthly Board meetings C. Request Board receive and file minutes of the Joint Coordination Committee meetings D. Request that all Joint Coordination Committee recommendations requiring Board approval be presented directly to the Board. -3- April 28, 1999 Agenda (12) OTHER BUSINESS, COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY (13) MATTERS WHICH A DIRECTOR WOULD LIKE STAFF TO REPORT ON AT A SUBSEQUENT MEETING (14) MATTERS WHICH A DIRECTOR MAY WISH TO PLACE ON A FUTURE AGENDA FOR ACTION AND STAFF REPORT (15) FUTURE MEETING DATES The next Steering Committee Meeting is scheduled for 5 p.m., Wednesday, May 26, 1999. The next Board Meeting is scheduled for 7 p.m., Wednesday, May 26, 1999. The next Ad Hoc Committee meeting is tentatively scheduled for 5:30 p.m., Thursday, May 27, 1999. (16) 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 dosed 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. A. Convene in dosed session, pursuant to Government Code Section 54957 to: 1) consider the appointment of a public employee to the position of General Manager, and 2) to consider possible termination of employment contract. B. Reconvene in regular session. C. Consideration of action, if any, on matters considered in closed session. (17) ADJOURNMENT jt H:\WP.MvGQDALSIEMM CAMMIfiEEPAAPRf9d]PID AGENDA,GIENOM,NOI ANO ROLL MLAfEEI WC 4- April 28, 1999 Agenda Notice to Committee Members: For any questions on the agenda or to place gems on the agenda,Committee members should contact the Committee Chair or the Secretary ten days in advance of the Committee meeting. Committee Chair. Jan Debay (949)644-3004(Newport Beach City Hall) Secretary. Jean Tappan (714)593-7101 (714)962-0356(Far) E-mai: It8DD0f1�OCSd.CAfTI , DRAFT MINUTES OF STEERING AND AD HOC COMMITTEES COMBINED MEETING Wednesday, March 24, 1999 at 4:30 p.m. A meeting of the combined Steering/Ad Hoc Committees of the Orange County Sanitation District was held on Wednesday, March 24, 1999 at 4:30 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 Jan Debay, Chair of the Board Don Hughes Peer Swan, Vice Chair Ryal Wheeler Pat McGuigan, Chair, OMTS Committee Norm Eckenrode, Chair, PDC Committee STAFF PRESENT: John Collins, Past Chairman of the Board Don McIntyre, General Manager Jim Silva, County Supervisor Blake Anderson, Asst. General Manager Jean Tappan, Committee Secretary Directors Absent: Patrick Miles, Director of Information Technology Tom Saltarelli, Chair, FAHR Committee Bob Ghirelli, Director of Technical Services David Ludwin, Director of Engineering AD HOC COMMITTEE MEMBERS: Jim Herberg, Planning Supervisor Directors Present: Gary Streed, Director of Finance John Collins, Committee Chair Michelle Tuchman, Director of Communications Jan Debay, Chair of the Board Peer Swan, Vice Chair Pat McGuigan, Chair, OMTS Committee Norm Eckenrode, Chair, PDC Committee Directors Absent: None Chair Debay welcomed Jim Silva, Orange County Board of Supervisors representative, as a member of the Steering Committee. (2) APPOINTMENT OF CHAIR PRO TEM No appointment was necessary. (3) AGENDA The agenda was posted in accordance with the requirements of California Government Code Section 54954.2. OCSD , P.O.Box 8127 • FwM ,Valley,CA 9272"127 , (714) 962-2411 Minutes of the Combined Steering/Ad Hoc Committees ' Meeting Page 2 March 24, 1999 (4) PUBLIC COMMENTS There were no public comments. (5) RECEIVE. FILE AND APPROVE MINUTES OF PREVIOUS MEETINGS The minutes of the January 6, 1999 Combined Meeting of the Steering and Ad Hoc Committees were approved as drafted. Director Silva abstained. The minutes of the February 20, 1999 Steering Committee/EMT Retreat were approved as drafted. Director Silva abstained. The minutes of the February 24, 1999 Steering Committee meeting were approved as drafted. Director Silva abstained. (6) REPORT OF THE COMMITTEE CHAIR Chair Jan Debay did not make a report. (7) REPORT OF THE GENERAL MANAGER General Manager Don McIntyre reported on the following items: A. The CASA 1999 Spring Meeting will be held in Sacramento between April 29 and May 1. Chair Debay suggested that this meeting be open to all Directors. An announcement will be made at tonight's Board meeting inviting up to five of the Directors to attend. B. The start time for the Steering Committee will remain at 5 p.m. The Board meetings will begin at 7 p.m. starting with the March 24 meeting. C. Bob Ghirelli updated the members on the CRWOCB review of the Newport Beach spill. The item was again pulled from their agenda to allow additional staff review. The Directors will be kept advised of any actions taken by the Regional Board. D. The General Manager and Director Collins met with representatives from Trammel Crow on the tolling agreement and it appears that there is some progress. The Tolling Agreement will be extended through June 6, 1999. Gary Streed reported that staffs from IRWD and the District continue to meet regarding transferring the Michelson Pump Station to IRWD. Staff will be putting together an issues paper and a calendar of activities for review by the Directors. General Counsel Woodruff opined that there is no conflict of interest by Vice Chair Swan in taking part in these discussions. E. Blake Anderson updated the committee on the activities of the Orange County Investment Pool members re the Orange County Bankruptcy. General Counsel Woodruff updated the members on some of the history and described the issues regarding the latesl'found' money by the County. All members of the OCIP will be requesting the County to reconsider the recent decision not comply with the revenue sharing resolution the County previously adopted. General Counsel will provide Director Silva a copy of the April 1996 agreement that addresses 'found' money. Mr. McIntyre also reported that he would be presenting a special request to the OMTS Committee for operations staffing on December 31, 1999-January 1, 2000 for Y2K. Minutes of the Combined Steering/Ad Hoc Committees Meeting Page 3 March 24, 1999 (8) REPORT OF GENERAL COUNSEL General Counsel Tom Woodruff did not make a report (9) STEERING COMMITTEE DISCUSSION ITEMS (Items A-F) A. Service to Areas Outside the District's Boundary. Gary Streed provided a brief overview of the history surrounding the previous resolutions addressing this issue, as well as the current requests for service and options available. After discussion it was decided that this issue would be re-addressed at the next Steering Committee meeting in April. The draft resolution will be revised to include the issue of providing service to avoid additional groundwater contamination and the request for special wording from Director Daucher, and the current resolution will be provided for comparison purposes. During the dinner break, Michelle Tuchman, Director of Communications, described the design for the new permanent entry sign. Michelle also discussed the possibility of holding several field visits for the Directors to view first hand the problems of the Santa Ana Watershed. Possible dates will be discussed at a future Steering Committee meeting. The new Internet website was shown to the members. The Board of Directors page will only indicate the name of the current director, the city and its telephone number. An e-mail link may be provided that could be directed to Communications and forwarded to the Directors. No direct links to the Directors or pictures of the Directors will be included. B. SAWPA Claim for Relief from User Fees. Gary Streed described the issues involved with the request from SAWPA to not pay for the undercharged service. It was decided that the issue would be presented to the FAHR Committee at its next meeting. D. Declaration in Support of Biosolids Application. Bob Ghirelli discussed a first draft of a Declaration in Support of Biosolids that other agencies will be presenting to the Kern County Board of Supervisors. The members of the Committee decided to forward this item to the OMTS Committee along with a staff report that would outline their concerns. E. Channe in Organizational Structure. Blake Anderson discussed possible structural reorganizational issues, along with the advantages and disadvantages of the various options. Chair Debay suggested holding a workshop on this issue. General Manager McIntyre said that he is concerned about increased tension in the agency because of the uncertainty about the General Manager's replacement and other management changes. He said that the Steering Committee needed to work with Blake and himself and agree on something that it has confidence in and that would then filter down to the employees. The issue of succession will be discussed further in a closed session at the April Steering Committee meeting. Minutes of the Combined Steering/Ad Hoc Committees " Meeting Page 4 March 24, 1999 F. Review Agenda Items Scheduled to be oresentad to Committees in April. The Y21K Overtime issue will be added to the OUTS Committee agenda. Director Swan also asked that a review of trunk sewer capacities and modeling of the system be included on a future agenda, along with recommendations for future upsizing. C. Finalize FY 98-99 Evaluation Objectives for the General Manager. The changes requested at the last meeting were reviewed and the objectives were approved. (10) REPORT OF THE AD HOC COMMITTEE CHAIR Chair John Collins did not make a report. (11) COMBINED STEERING AND AD HOC COMMITTEES DISCUSSION ITEM A. Jim Herberg reviewed the quarterly schedule of events re the Strategic Plan. It was decided to schedule an Ad Hoc Meeting on Thursday, May 27, 1999 at 5 p.m. to review the Administrative Draft EIR before presentation to the Directors in June. (12) OTHER BUSINESS, COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY The General Manager indicated that the recent legislation on payment of overtime after eight hours that passed by the Assembly does not affect the District. The draft letter in support for AB 71, which would allow use of the diamond lanes by alternative fueled vehicles, was discussed. It was decided that the General Manager would not send the letter due to lack of support. (13) MATTERS WHICH A DIRECTOR WOULD LIKE STAFF TO REPORT ON AT A SUBSEQUENT MEETING There were none. (14) CONSIDERATION OF UPCOMING MEETINGS The next Steering Committee meeting is scheduled for April 28, 1999 at 5 p.m. The next Combined Steering/Ad Hoc Committee meeting is scheduled for June 26, 1999 at 5 p.m. (15) CLOSED SESSION There was no closed session. Minutes of the Combined Steering/Ad Hoc Committees Meeting Page 5 March 24, 1999 (16) ADJOURNMENT The Chair declared the meeting adjourned at 6:50 p.m. bmitted by, Tappan t ering Committee Secretary vide eawv�+•�reutuc cowwmeesow.vrwxea scw ww�.ei c v�ri , R fie' To P"pm'rw! The Fair Competition and sA Taxpayer Savings Initiative SEa S for Architectural and Engineering Services For w4 J 1. Permits Contracting Out of Architectural and Engineering Services: Allows state and local governments, special districts and school districts to contract with private companies for architectural and engineering services. Defines such services as architectural, landscape architectural, environmental, engineering, land surveying and construction management. 2. Local Choice to Deliver Transportation Projects On-Time: Gives local governments greater control over transportation improvements so that highway, bridge and transit projects can be delivered on-time and within budget. 3. Competitive Selection and Taxpayer Safeguards: Requires contracts be awarded through a competitive selection process that: • Prohibits government employees from awarding contracts if they have a financial or business relationship with the companies involved. • Requires compliance with all laws regarding political contributions,conflicts of interest or unlawful activities. • Subjects all architecture and engineering contracts to standard accounting practices. • Permits financial and performance audits as necessary to ensure contract services are delivered within the agreed schedule and budget. 4. Strict Design and Construction Standards: Already established project seismic safety,project design and construction standards are not changed by the initiative. ! 5. Only Applies to Architectural and Engineering Services: This measure does not apply to any other contracts except for architecture and j engineering services. For example, it does not apply to peace officers,teachers or correction officers. Taxpayers for Fair Competition 111 Ann Blvd.Suite 406 Burlingame,CA 94010 2/3N9 (650)340-0470 Fax:(650)340-1740 � I O 6ksF11J So T(I'f�trJ l r c.�tr.n 1�1/lFCr`4� Thefair Competition and Taxpayer Savings Act for Architectural and Engineering Services Public/Private Partnerships The need for state and local governments to The Fair Competition and contract with the private sector for Taxpayer - architectural and engineering services has never been greater. California's population • Permits Contracting With Private growth has resulted in an increased demand Architectural and Engineering Firms: for mare than $90 billion worth of highway, .Allows the state and local governments to school, prison, Flood control and other contract with qualified private architectural infrastructure improvement projects. and engineering companies to help meet the growing backlog of important infrastructure Taxpayer Savings improvement projects. Using private architectural and engineering companies is a cost-effective way to meet 0 Local Choice to Speed Up Highway these needs.It helps keep taxes down because Improvement Projects: the state doesn't have to maintain a large Caltrans causes costly highway improvement workforce between projects. It makes delays by refusing to let local governments everyone work smarter and more efficiently use private engineers when state funds are by encouraging competition between state involved.The initiative will help complete employees and the private sector. these much needed and overdue projects by allowing local and regional governments to Delivers Projects Safely and On Time contract with qualified private companies on It also enables government to utilize needed regional or local improvements to the state earthquake safety and other private sector transportation system. expertise to deliver transportation and other Taxpayer Safeguards and projects safely and on time. P yer g Accountability: The Multi-Billion Dollar Backlog The initiative requires contracts be awarded Created by Caltrans Bureaucrats through a competitive selection process that: The initiative is needed to overturn a series of •Prohibits the participation of public lawsuits that were brought by a group of employees with a financial interest in a Caltrans bureaucrats.The lawsuits effectively competing private entity. banned the state from contracting with private • Requires compliance with all laws regarding engineers and architects. According to the political contributions,conflicts of interest California Business Roundtable: Tire or unlawful activities. Caltrans lawsuit will create a 33 billion • Subjects all architecture and engineering backlog of important highway and bridge contracts to standard accounting practices. rpolects. • Permits financial and performance audits as necessary to ensure services are delivered within the agreed schedule and budget. Taxpayers for Fair Competition 111 Anza Boulevard, Suite 406 • Burlingame, CA 94010 Phone: (650) 340-0470 • Fax: (650) 340-1740 7f3t99 FAIR COMPETITION AND TAXPAYER SAVINGS INITIATIVE SECTION 1. .TITLE. This measure shall be known and may be cited as the "Fair Competition and Taxpayer Savings Act." SECTION 2. PURPOSE AND INTENT. It is the intent of the people of the State of California in enacting this measure: (a) To remove existing restrictions on contracting for architectural and engineering services and to allow state, regional and local governments to use qualified private architectural and engineering firms to help deliver transportation, schools, water, seismic retrofit and other infrastructure projects safely, cost effectively and on time; (b) To encourage the kind of public/private partnerships necessary to ensure that California taxpayers benefit from the use of private sector experts to deliver transportation, schools, water, seismic retrofit and other infrastructure projects; (c) To promote fair competition so that both public and private sector architects and engineers work smarter, more efficiently and ultimately deliver better value to taxpayers; (d) To speed the completion of a multi-billion dollar backlog of highway, bridge, transit and other projects; (e) To ensure that contracting for architectural and engineering services occurs through a fair, competitive selection process, free of undue political influence, to obtain the best quality and value for California taxpayers; and (f) To ensure that private firms contracting for architectural and engineering services with governmental entities meet established design and construction standards and comply with standard accounting practices and permit financial and performance audits as necessary to ensure contract services are delivered within the agreed schedule and budget. SECTION 3. Article XXII is hereby added to the California Constitution to read: § 1. The State of California and all other governmental entities, including, but not limited to, cities, counties, cities and counties, school districts and other special districts, local and regional agencies and joint power agencies, shall be allowed to contract with qualified private entities for architectural and engineering services for all public works of improvement. The choice and authority to contract shall extend to all phases of project development including permitting and environmental 0001 studies, rights-of-way services, design phase services and construction phase services. The choice and authority shall exist without regard to funding sources whether federal, state, regional, local or private, whether or not the project is programmed by a state, regional or local governmental entity, and whether or not the completed project is a part of any State owned or State operated system or facility. §2. Nothing contained in Article VII of this Constitution shall be construed to limit, restrict or prohibit the State or any other governmental entities, including, but not limited to, cities, counties, cities and counties, school districts and other special districts, local and regional agencies and joint power agencies, from contracting with private entities for the performance of architectural and engineering services. SECTION 4. Chapter 10.1 is hereby added to Division 5 of Title 1 of the Government Code to read: §4529.10. For purposes of Article XXII of the California Constitution and this act, the term "architectural and engineering services" shall include all architectural, landscape architectural, environmental, engineering, land surveying, and construction project management services. §4529.11. All projects included in the State Transportation Improvement Program programmed and funded as interregional improvements or as regional improvements shall be subject to Article XXII of the California Constitution. The sponsoring governmental entity shall have the choice and the authority to contract with qualified private entities for architectural and engineering services. For projects programmed and funded as regional improvements, the sponsoring governmental entity shall be the regional or local project sponsor. For projects programmed and funded as interregional improvements, the sponsoring governmental entity shall be the State of California, unless there is a regional or local project sponsor, in which case the sponsoring governmental entity shall be the regional or local project sponsor. The regional or local project sponsor shall be a regional or local governmental entity. §4529.12. All architectural and engineering services shall be procured pursuant to a fair, competitive selection process which prohibits governmental agency employees from participating in the selection process when they have a financial or business relationship with any private entity seeking the contract, and the procedure shall require compliance with all laws regarding political contributions, conflicts of interest or unlawful activities. 0002 §4529.13. Nothing contained in this act shall be construed to change project design standards, seismic safety standards or project construction standards established by state, regional or local governmental entities. Nor shall any provision of this act be construed to prohibit or restrict the authority of the Legislature to statutorily provide different procurement methods for design-build projects or design-build-and-operate projects. §4529.14. Architectural and engineering services contracts procured by public agencies shall be subject to standard accounting practices and may require financial and performance audits as necessary to ensure contract services are delivered within the agreed schedule and budget. §4529.15. This act only applies to architectural and engineering services defined in Government Code section 4529.10. Nothing contained in this act shall be construed to expand or restrict the authority of governmental entities to contract for fire, ambulance, police, sheriff, probation, corrections or other peace officer services. Nor.shall anything in this act be construed to expand or restrict the authority of governmental entities to contract for education services including but not limited to, teaching services, services of classified school personnel and school administrators. §4529.16. This act shall not be applied in a manner that will result in the loss of federal funding to any.govemmental entity. §4529.17. The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. §4529.18. If any act of the Legislature conflicts with the provisions of this act, this act shall prevail. §4529.19. This act shall be liberally construed to accomplish its purposes. §4529.20. This act seeks to comprehensively regulate the matters which are contained within its provisions. These are matters of statewide concern and when enacted are intended to apply to charter cities as well as all other governmental entities. SECTION 5. This initiative may be amended to further its purposes by statute, passed in each house by roll call vote entered in the journal, two-thirds of the membership concurring, and signed by the Governor. 0003 SECTION 6. If there is a conflicting initiative measure on the same ballot, which addresses and seeks to comprehensively regulate the same subject, only the provisions of this measure shall become operative if this measure receives the highest affirmative vote. 0004 lV 11 N _t"r A LoutG C +6 ID r 1�` r—AO E wars SlFer>t n.G r—hEfQ--a +gyp Fete A5ec�noN pF s�Opo2l WHO SUPPORTS "THE FAIR COMPETITION AND TAXPAYER 'cgc?; SAVINGS ACT"? Legislation and Initiative (.,of 4n2isv) Alliance of California Taxpayers and Involved Voters ASL Consulting Engineers Atterbury & Associates B & E Engineers Bay Counties Civil Engineers and Land Surveyors Association Blair Church California Building Industry Association California Chamber of Commerce " California Manufacturers Association ^ California Minority and Women's Businesses Coalition California Taxpayers'Association " Cannon Associates Consulting Engineers and Land Sureyors of California Contra Costa Transportation Authority Cunningham Engineering Corporation E. F. Cook & Associates Robert L. DeWitt& Associates Engineering and Utility Contractors Association Fehr Engineering Company Flynn Consulting Engineers Myra L. Frank & Associates Jensen Design & Survey Kern County Taxpayers Association Manna Consultants Meridian Technical Services Miller Pacific Engineering Group National Federation of Independent Business Project Design Consultants Provost& Pritchard Engineering Group Responsible Voters for Lower Taxes San Diego County Taxpayers Association Towill, Inc. URS Greiner/Woodward Clyde Vail Engineering Corporation Walters Engineering Weatherby- Reynolds Consulting Engineers Western States Petroleum Association Y&C Tranportation Consultants, Inc. " Legislation only at this time. SAMPLE RESOLUTION IN SUPPORT OF "THE FAIR COMPETITION AND TAXPAYER SAVINGS ACT" INITIATIVE AND LEGISLATION WHEREAS,California's population growth has resulted in the demand for more than$90 billion worth of highway, school, prison, flood control and other infrastructure improvement projects;and WHEREAS,the need for state and local governments to contract with the private sector for architectural and engineering services has never been greater,and WHEREAS,a series of successful lawsuits by the bureaucrats at Caltrans has resulted in effectively banning the state from contracting with private engineers and architects;and WHEREAS,a recent study by the California Business Roundtable has determined the Caltrans lawsuits will create a S3 billion backlog of highway and bridge projects alone; and WHEREAS, in order to stop the Caltrans bureaucrats' continuing effort to prevent the state and local government from utilizing private engineers and architects, an initiative and legislation known as"the Fair Competition and Taxpayer Savings Act"has been prepared; and WHEREAS,the Fair Competition and Taxpayer Savings Act changes California's laws and allows the state and local governments to contract with private companies for architectural and engineering services;and WHEREAS,the Fair Competition and Taxpayer Savings Act will save California's taxpayers money by encouraging competition between state employees and the private sector;and WHEREAS,the Fair Competition and Taxpayer Savings Act requires architecture and engineering contracts to be subject to standard accounting practices and requires financial and performance audits as necessary to ensure contract services are delivered within the agreed schedule and budget; THEREFORE BE IT RESOLVED, SUPPORTS "The Fair Competition and Taxpayer Savings Act"for architectural and engineering services as an initiative and legislation. Contact Title City State Zip Telephone Number Fax Number E-mail address Please fox completed form to 3101996-2673. Ovestions? Call 6501340-0470 or 3101996-2600. SUPPORT FORM 1 / We support the Taxpayers for Fair Competition legislation and initia- tive allowing state and local governments to hire private architectural and engineering firms to help build important infrastructure for transporta- tion, schools, prisons and water projects. You may add my/our name to your coalition list. Organization Name Date Authorized Signature Printed Name Mailing Address City, State, Zip Phone FAX E-Mail Address Please FAX completed form to Ted Green at (310) 996-2673 THANK YOU! Taxpayers for Fair Competition I I I Ann Blvd., Suite 406 11300 W. Olympic Blvd., #840 Burlingame, CA 94010 Los Angeles, CA 90064 PH: (650) 340-0470 PH: (310) 996-2600 FAX: (650) 340-1740 FAX: (310) 996-2673 2/3/99 STEERING COMMITTEE Meetlog Date Toad.o D1r. 912a/99 9/26199 AGENDA REPORT I ATWMbv HaM NuMber Orange County Sanitation District FROM: Donald F. McIntyre, General Manager Originator: Gary G. Streed, Director of Finance SUBJECT: POLICY REGARDING PROVIDING SEWER SERVICES TO AREAS OUTSIDE OF ORANGE COUNTY GENERAL MANAGER'S RECOMMENDATION The General Manager recommends that the current policy be modified or amended to provide: 1) Service, by agreement, will be provided for properties that drain naturally to the Orange County Sanitation District and are contiguous to the Orange County boundary. 2) The Orange County Sanitation District member agency affected by a proposed service agreement will be consulted before an agreement is proposed to the Board of Directors. 3) Local sewer service must be Provided by a city, a sanitary district, or a water district, but annexation to that service provider is not required. 4) All existing contracts for service to areas outside the District boundaries will continue to be honored. SUMMARY In 1985, the Boards of Directors adopted a policy limiting the District's service area to areas within our sphere of influence or already served by contract. This was an addition to a long-standing policy that all areas served must be annexed to, and receive local sewer service from, a local agency. Many things have changed since then, including adoption of a 30-year master plan and a heightened awareness of our role in regional watershed management issues. As detailed in the accompanying staff report, staff now believes it is appropriate to modify our policy. ,wdo,W=1 .a du nvmmiane GENDA TMwR osA,eaa nm Asn.ed. s2wee Page 1 PROJECT/CONTRACT COST SUMMARY No impact. All areas to be served will pay their share of capital and operating costs. BUDGETIMPACT ❑ This item has been budgeted. (Line Rem: ) ❑ This item has been budgeted, but there are insufficient funds. ❑ This item has not been budgeted. ® Not applicable (information item) ADDITIONAL INFORMATION Refer to attached staff report. ALTERNATIVES Retain existing policy and consider exceptions on a case-by-case basis. CEQA FINDINGS None. ATTACHMENTS 1. Staff Report 2. Existing Resolution 3. Draft Revised Resolution GGS:Ic Attachment 1YadmWaUlr dUVm lM:—n ENDA RMUROSA—sEOt Rana. erzasa Page 2 0 April 21 1999 STAFF REPORT Providing Services to Areas Outside of Orange County Summary Several significant issues were in the air in 1985. Two new Districts, Districts 13 and 14, were being created. Treatment and disposal facilities were being offered to the Irvine Ranch Water District. An interim solution for the clean-up of the Stringfellow site was proposed using the Districts facilities. Rumors of"trash and sewage" co-combustion facilities on-site were circulating in the community. The"2020 VISION Masterplan"was just being started. Against this backdrop, the City of Fountain Valley requested, and the Board of Directors adopted, a policy limiting the geographical extent of the District's service area. Basically, that resolution, which has been reaffirmed as recently as July 1, 1998, limits annexations to the District to properties currently within the sphere of influence or currently served by contract. The last time the Directors considered this issue in depth was in late 1991. At that time staff conducted an extensive survey of all of the properties outside of Orange County and the District. Following is the summary of additional areas and anticipated flows that would be expected if all areas which naturally drain to the District's service area were provided service: Description Acres Maximum Flow(mad) La Habra Heights 894 .264 Unincorporated LA County 5,842 .820 China Hills Area 5 606 .558 Total 12,342 1.642 mgd Adding all of this drainage area to our system would increase our service area by 4% and our current average daily flow by .6%. Background Some properties outside of the service area, in fact outside of the County, have been served for years. A portion of the western boundary of the District and the County Criss- crosses Coyote Creek between La Palma and La Habra. Accordingly, there are areas OCSD • P.O.Box a127 • Fountain Valley,CA 9272"127 • (714) 9M-2411 Service to Areas Outside of Orange County Page 2 of 3 April21, 1999 of Orange County Sanitation District on "their" side of the Creek, and areas of Los Angeles County Sanitation District on "our" side of the Creek. For these areas, we offset the flows annually and whoever has Flow remaining, pays the other agency for conveyance, treatment and disposal of the net flow. The Seal Beach Naval Weapons Station, the community of Sunset Beach, the Sandalwood Sewer Maintenance District, north of Brea, and Pacific Island Village, a small development in Long Beach, are also served by contract with the District. The most significant example of service provided outside our service area is the western ends of San Bernardino and Riverside Counties where an existing 9 mgd of treatment capacity in our plants is owned by the Santa Ana Watershed Project Authority. In 1991, the City of La Habra brought forth a request for an exception to the policy. The City of La Habra Heights, in Los Angeles County, was proposing a development that could be efficiently served through City of La Habra sewers into the District system. The City requested an exception to our policy in order to avoid more septic tanks in that area. The area of immediate concern was tributary to Orange County's La Habra Groundwater Basin and had degraded water quality because of contamination from high nutrient sources. Under the proposal, developers would be required to pay in-lieu annexation fees and connection fees in order to obtain service. The Board of Directors found that the proposal implied a small contribution of sewage to the District in relation to our overall master-planned flows, would have virtually no impact on our facilities, and a significant benefit to groundwater quality. They considered mitigating contamination of Orange County's groundwater to be an overriding benefit. To date, one tract has requested service and the necessary agreements are in process. In 1998, the Board authorized an agreement to provide service to Shea Homes for a residential development that is in both Los Angeles and Orange Counties in the vicinity of LaMirada and Fullerton. The agreement provides for Los Angeles Consolidated Sewer Maintenance District to provide local sewer service and maintenance. Connection fees, and in-lieu annexation fees and annual in-lieu sewer service fees, will be paid for the entire development. It has been a long-standing policy of the District and the local sewering agencies that all annexations to the District must be served by a local sewering agency such as a city, a sanitary district or a water district, prior to annexation to the Sanitation District. The only areas currently served without a local sewering agency are the Irvine Business Complex and small areas in the cities of Tustin and Orange. Currently, these sewers are maintained for the District by contract with an outside agency or firm. The District provides no local sewer service today. Recently, the City of Orange has notified the District that they would be willing to relax their position and requested the District to revise our policy. The City would provide local service to unannexed areas. Service to Areas Outside of Orange County Page 3 of 3 April21, 1999 One reason these policies are important today is shown in another current request for service. This one request is affected by the service area policy and the local sewer policy. The owner of approximately 2,700 acres north of Brea, in unincorporated Los Angeles County, has requested service. The proposed development also includes 300 acres in unincorporated Orange County, for a total of approximately 3000 acres. The City of Brea has expressed opposition to this development for land use reasons. If a local sewering agency is required, then the City can either stop this development or force it to use septic tanks. Although the Sanitation District and Health Department may want to discourage the use of septic tanks for groundwater quality reasons, we would not be able to accept the sewage from this area unless the City of Brea agrees to provide local sewer service. It is noteworthy that the landowner also owns an unused sewer from the proposed development to a site within Orange County that was previously used for reclaimed oil field wastewater. The developer has suggested use of their line instead of City facilities. Recommendation In the past 15 years several things have changed at the District. Very significantly, the "2020 VISION Masterplan" has been adopted and a new Strategic Plan is nearly completed. Both of these plans provide facilities for significant flow increases, and neither contemplates waste4o-energy co-combustion facilities at our plants. The District has expanded our interest and participation in watershed management issues for the Santa Ana River Watershed. For these reasons, staff recommends that our policy be amended to provide: 1) Service, by agreement, will be provided for properties that drain naturally to the Orange County Sanitation District and are contiguous to the Orange County boundary. 2) The Orange County Sanitation District member agency affected by a proposed service agreement will be consulted before an agreement is proposed to the Board of Directors. 3) Local sewer service must be provided by a city, a sanitary district, or a water district, but annexation to that service provider is not required. 4) All existing contracts for service to areas outside the District boundaries will continue to be honored GGS:Ic \mdonWMal%wy.ctaUM210`crane%GENDA.ITMOu ide SerAreas499Am RESOLUTION NO. OCSD 99-XX POLICY PERTAINING TO FUTURE AREAS TO BE SERVED BY THE ORANGE COUNTY SANITATION DISTRICT A RESOLUTION OF THE BOARD OF DIRECTORS OF ORANGE COUNTY SANITATION DISTRICT ADOPTING A POLICY PERTAINING TO FUTURE AREAS TO BE SERVED BY THE ORANGE COUNTY SANITATION DISTRICT, AND RESCINDING RESOLUTION NO. OCSD 98-11. WHEREAS, the Orange County Sanitation District provides wastewater collection, treatment and disposal services to serve all or part of 23 cities and unincorporated areas occupying the central and northwestern areas of Orange County, and for certain areas outside the District boundaries pursuant to service agreements, and, WHEREAS, concern has been expressed to the District that if the District's service areas were to be further expanded by annexation or service agreement, it may impair the ability of the District to provide adequate service to areas presently within its jurisdiction; and, WHEREAS, the Board of Directors has been advised that the 1989 Master Plan, the 1989 Collection, Treatment and Disposal Facilities Master Plan, and the proposed 1999 Strategic Plan that call for the planning and construction of treatment works, disposal facilities, trunk line sewers, and related appurtenances are compatible with and can accommodate the wastewater service needs of all those areas presently within the District's approved spheres of influence and also within the areas located outside the existing boundaries of the District, but which are receiving service pursuant to service agreements; and, WHEREAS, on-site sewerage disposal systems in adjacent communities may contribute to degradation of groundwater basins used by cities and communities within the District's service area; and, WHEREAS, the District's Board of Directors believes that it is in the best interests of the communities and cities serviced by the District to assist in preserving Orange County's valuable groundwater supplies from degradation by on-site sewage disposal systems; and, WHEREAS, the District has studied the impacts of allowing areas outside of the current sphere of influence to discharge into the District's sewerage system; and, 1 WHEREAS, the Board of Directors has been advised that there are approximately 12,500 acres that are outside of Orange County which would naturally drain into the Orange County groundwater basin; and, WHEREAS, said 12,500 acres are projected to generate less than two million gallons per day of wastewater when fully developed; and, WHEREAS, the Board of Directors has also determined that the master- planned facilities for the District can also accommodate the wastewater flows from said areas without causing any adverse impact on the areas in the vicinity of the treatment plants or in the operations of the treatment plants and facilities themselves; and, NOW, THEREFORE, the Board of Directors of Orange County Sanitation District, DOES HEREBY RESOLVE, DETERMINE AND ORDER: Section 1: That the District adopt, as its policy, that it will approve additional annexations of territory, or approve a service agreement, for territory presently included in the individual District's adopted spheres of influence or which is entitled to receive service pursuant to existing service agreements. Section 2: The District will provide service to territory outside the area described in Section 1, and allow connection to the District's sewerage system to reduce degradation of valuable groundwater in Orange County, provided the following conditions are satisfied: A. Water from the territory would naturally drain into Orange County. B. The Orange County Sanitation District member agency affected by a proposed service agreement, or the development related thereto, must be consulted, and its input considered, prior to the proposed agreement being presented to the Orange County Sanitation District Board of Directors. C. A local government agency executes the service agreement providing for sewerage services and for payment of one-time fees equivalent to annexation fees, connection fees, and an administrative charge, and annual fees equivalent to sewer service fees, property taxes, and an administrative charge, and any other terms and conditions, all as established by the Board of Directors at the time of approval, or as amended from time-to-time, for said service; and D. The local land use, sewer, or water authority agrees to require connections to the District or other sewage treatment systems, and discourage on-site disposal systems. 2 Section 3: This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED at a regular meeting held May 26, 1999. Chair ATTEST: Board Secretary 3 RESOLUTION NO. OCSD 98-11 REAFFIRMING POLICY PERTAINING TO FUTURE AREAS TO BE SERVED BY THE ORANGE COUNTY SANITATION DISTRICT A RESOLUTION OF THE BOARD OF DIRECTORS OF ORANGE COUNTY SANITATION DISTRICT, REAFFIRMING RESOLUTION NO. 93-14 OF ITS PREDECESSOR DISTRICTS NOS. 1, 2, 3, 5, 6, 7, 11. 13 AND 14 OF ORANGE COUNTY, CALIFORNIA, ADOPTING A POLICY PERTAINING TO FUTURE AREAS TO BE SERVED BY THE ORANGE COUNTY SANITATION DISTRICT WHEREAS, the Orange County Board of Supervisors, by approval on April 14, 1998 of County Resolution No. 98-140, has ordered the Consolidation of County Sanitation Districts Nos. 1, 2, 3, 5, 6, 7, 11, 13 and 14 of Orange County, California (the "Predecessor Districts") into a single new District, to be known as the Orange County Sanitation District ("District"); and WHEREAS, pursuant to Government Code Section 57500, the District succeeds to all of the powers, rights, duties, obligations, functions, and properties of the Predecessor Districts; and WHEREAS, the Orange County Sanitation District provides wastewater collection, treatment and disposal services to serve all or part of 23 cities and unincorporated areas occupying the central and northwestern areas of Orange County, and for certain areas outside the District boundaries pursuant to service agreements, all as more particularly shown on the map attached hereto as Exhibit "A"; and, WHEREAS, concern has been expressed to the District that if the District's service areas were to be further expanded by annexation or service agreement, it may impair the ability of the District to provide adequate service to areas presently within its jurisdiction; and, WHEREAS, the Board of Directors has advised that the 1989 Master Plan and the 1989 Collection, Treatment and Disposal Facilities Master Plan that call for the planning and construction of treatment works, disposal facilities, trunk line sewers, and related appurtenances are compatible with and can accommodate the wastewater service needs of all those areas presently within the District's approved spheres of influence and also within the areas located outside the existing boundaries of the District, but which are receiving service pursuant to service agreements; and, zmawa waez i 1 WHEREAS, on-site sewerage disposal systems in adjacent communities may contribute to degradation of groundwater basins used by cities and communities within the District's service area; and, WHEREAS, the District's Board of Directors believes that it is in the best interests of the communities and cities served by the District to assist in preserving Orange County's valuable groundwater supplies from degradation by on-site sewage disposal systems; and, WHEREAS, the District's Board of Directors has been advised that on-site sewage disposal systems within the municipal boundaries of the City of La Habra Heights, which are tributary to the District's sewerage system but not within the District's service area, may be contaminating the groundwater supply in Orange County; and, WHEREAS, the District has studied the impact of allowing said area to discharge into the District's sewerage system, and, WHEREAS, the Board of Directors has also determined that the master-planned facilities for the District can also accommodate the wastewater flows from said areas within the municipal boundaries of the City of La Habra Heights-without causing any adverse impact on the areas in the vicinity of the treatment plants or in the operations of the treatment plants and facilities themselves; and, WHEREAS, the Predecessor Districts, by Resolution No. 93-14, adopted by the Boards of Directors on February 10, 1993, approved and adopted a Policy pertaining to future areas to be served by the Districts; and, WHEREAS, the District, as the consolidated successor, desires to acknowledge and reaffirm this Policy. NOW, THEREFORE, the Board of Directors of Orange County Sanitation District, DOES HEREBY RESOLVE, DETERMINE AND ORDER: Section 1; That the District adopt, as its policy, that it will not approve; additional annexations of territory,nor approve any service agreement, except for territory presently included in the individual District's adopted spheres of influence or which is entitled to receive service pursuant to existing service agreements as shown on the map attached hereto as Exhibit°A% except as provided hereafter in Section 2. 2 so- "se:, 2 Section 2: The District Will'pMvide,servige to territory within the municipal boundaries of the City of_La Habra:Height County of Los Angeles, as shown on the map attached hereto as EXhi i ;,jandallow connection to the District's sewerage system to reduce degradation of valuable groundwater in Orange County, provided the following conditions are satisfied: A. A local government agency executes the service agreement providing for sewerage services and for payment of one-time fees equivalent to annexation fees, connection fees, and an administrative charge, and annual fees equivalent to sewer service fees, property taxes, and an administrative charge, and any other terms and conditions, all as established by the Board of Directors at the time of approval, or as amended from time-to-time, for said service; and B. The local land use, sewer, or water authority agrees to require connections to the District or other sewage treatment systems, and discourage on-site disposal systems. Section 3: .This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED at a Special Meeting held July 1, 1998. Chair ATTEST: Board Secretary xo 3W s 2j 3 COUNTY Lill]IIIMb 0.W •\1�1 41/ e J wal W om� 'MILL OFM ILVSE W gWp00 N11fIY TI p\WISE 4Vfr 111b1L0 IIEOI LOS Lno1L [ fcn ( ; d IA��?LN1 ARGUES r LWA '. WIN MIM.r LWAAIIfl k GYIM j 1] 3 RIM RIVERSIDE COUNTY Laze SEAM / r f-, tr. /,. r 14 �.. f •� '�• ..\ �....L... ,mil Hmr"TM SELL ! 1 LEGEND '^ = C.S.D.O.C. SERVICE AREA S.A.W.P.A. CONTRACT AREA 30 MGD MAXIMUM CAPACITY ExHLs+LT SERVICE AREA COUNTY SANITATION DISTRICTS OF ORANGE COUNTY 6ANDALWODD YAIHIENANCE Dlaldd wMea'by oranVV•tearer 6ennelron Dlelricl Ns. San Rerna rdlno Counl Rlyerelde 13 PCO �`� `f,• �r� 1. C Cleveland Nall°nel Fareel V � i 1 csooc 14 ( 1 > �1 le AWMA 2 ^ - rf- Ccaen P a c l l l e LEGEND County Baundery Agency Boundary, CSDOC 01aldcl Boundary ---- ' Clly of La Naaw Neighla 0 Lflr'� l0 ��� EXHIBIT •B• Idhulery to CSD • 0 _ Sphere of Influence fm11A STEERING COMMITTEE MeeGn9 Date To lid.of Dir. 4/28/99 AGENDA REPORT N1Numov ImmNum1w Orange County Sanitaflon District FROM: Donald F. McIntyre, General Manager Originator: Jean Tappan, Committee Secretary SUBJECT: May Agenda Items for Consideration by Working Committees GENERAL MANAGER'S RECOMMENDATION Review with staff the tentative agenda items scheduled for review by the Working Committees in May. SUMMARY Staff routinely prepares for the Steering Committee a list of items scheduled for presentation to the Working Committees and the Boards at their next monthly meetings. This allows the Steering Committee the opportunity to review these items early enough to make reassignments in the review or approval process. The following items are scheduled to be considered by the Committees in May: OMITS Committee: 1. Results of Odor/Sulfide Characterization Study in the Collections System 2. SWAPA/Watershed Management Update 3. Plant 2 Earthquake Damage Contingency Plans PDC Committee: 1. Ratify Change Orders 8 and 9 and approve Closeout Agreement and Notice of Completion for Job No. PI Al. Rehabilitation of Primary Clarifiers 3, 4 and 5 At Plant No. 1, et at 2. Ratify Change Order 7 to Contract No. 3-38-3, Improvements to Miller-Holder Trunk Sewer System, Reach 3 3. Ratify Change Order 1 to Job No. J-57, Fire Alarm and Security System Upgrades 4. Approve renewal of professional services agreement with facilities engineering consultants 5. Approve equipment prepurchase re Job No. J-33-1, Standby Power and Reliability Improvements 6. Approve professional services agreement for Job No. J-25-1, Computerized Facility Records 7. Approve plans and specs and budget increase and award construction contract for Contracts 3-11 R, Rehabilitation of Seal Beach Interceptor Sewer, and 3-35R, Rehabilitation of Magnolia Trunk Sewer 8. Approve professional services agreement to prepare EIR for Santa Ana River Interceptor Realignment, Contract No. 2-41 FAHR Committee: 1. Presentation of Preliminary Budget Update 2. Approve 1998-99 Third-Quarter Financial and Operational Report 3. Review Quarterly Investment Management Report Information 4. Consider Preliminary 1999-2000 User Fees 5. Consider Preliminary 1999-2000 Connection Fees 6. Consider Adjustment to Standby Pay 7. Review Internal Communications Survey PROJECT/CONTRACT COST SUMMARY N/A BUDGET IMPACT ❑ This item has been budgeted. (Line item: ) ❑ This item has been budgeted, but there are insufficient funds. ❑ This item has not been budgeted. ® Not applicable (information item) ADDITIONAL INFORMATION NA ALTERNATIVES NA CEQA FINDINGS Not a project. ATTACHMENTS NA jt H My.haMO.M.lS1EEflINO C MniEPBbApBM 2a LstW Aft M May- R. eva9e Page 2 ADHOC COMMITTEE RE STRATEGIC PLAN Ne4^g TO BE.o 9/79 99 AGENDA REPORT i1i11NrM Rem Numbe Orange County Sanitation District /1 FROM: David Ludwin, Director of Engineering Originator: Jim Herberg, Engineering Supervisor SUBJECT: SEASIDE FINANCIAL LEASE AGREEMENT AT PLANT NO. 1 GENERAL MANAGER'S RECOMMENDATION Renegotiate terms and extend the lease with Seaside Financial to September 2001. SUMMARY The lease with Seaside has no termination date and can be extended at the discretion of the District. The current lease ends on September 1, 1999. Rent is 12.5% of annual gross rental or$75,000, whichever is greater. The Strategic Plan's preferred alternative includes the District's participation in the Groundwater Replenishment System (GWR System). The proposed GWR System facility will encroach about 400 feet into District's property that is presently leased by Seaside Financial. The lease can continue through 2001 without impacting planned construction activities. After 2001, an area extending a minimum of 600 feet into the District's property should be reserved for construction activities. The exact space requirements for the GWR System will not be known until November 2000, when the preliminary engineering work is completed. Beginning in 2002, several construction projects are planned at Plant No. 1, including the Primary Clarifier Expansion, Trickling Filler Rehabilitation, and the GWR System. These projects will require significant space for contractor staging areas. If the District does not make sufficient staging area available for the contractors, construction costs could increase substantially due to the pass- through of costs for storing materials and equipment off-site. The Strategic Plan preferred alternative was developed for construction of treatment facilities required to meet our 1998 ocean discharge permit limits. This scenario requires the least land compared with 50% secondary or full secondary treatment scenarios, and does not require that facilities be constructed on property presently leased to Seaside Financial. If the District increases the amount of secondary treatment to 50% or 100%, this property would be needed for construction of additional secondary treatment facilities. The 1998 ocean N My COYpnWl91EQ11XO COMMITIEEIBTApePpMW MwYGIw.Ox nn..a: enovn Page 1 discharge permit and 301(h) waiver will expire in five years. In 2002, the District will apply for renewal of the permit. Given these anticipated space requirements, Staff recommends that after the one-year lease extension, the property be split into two leases. The lease for the northern portion of the property could be extended through 2001. The lease on the remaining (southern) portion could be extended for 5-10 years, with a provision that the District can terminate the lease with a one-year notice. The one year notice provision will allow the District sufficient time to plan and design new facilities before the property is needed for construction. PROJECT/CONTRACT COST SUMMARY Not Applicable BUDGETIMPACT ❑ This item has been budgeted. (Line hem: I ❑ This item has been budgeted, but there are insufficient funds. ❑ This item has not been budgeted. ® Not applicable (information item) ADDITIONAL INFORMATION None ALTERNATIVES None CEQA FINDINGS None Required ATTACHMENTS Map of Construction Area Required for GWRS HM ObMpwe.\Sl Mfl L MRiEEIWJ.MIN u.vWetern be R....a eaoee Page 2 I 3 � ILI T: I rrr _PAY .i.r...-.^� . # kIR a� .f, -r BEBS1E1 r- �.! mar I fainr , , !; MMBEwill r- �- f . 1 7 aE II d 6ARFIELD RRIELD � h1Yirr�M�nnn fiiuui/r AVENUE V I�rF•_'.. i1 { A. r ''II�A••f j p' v Sr CONSTRUCTION AREA REQUIRED FOR GWRS ® CONSTRUCTION AREA REQUIRED FOR GWRS / L m ORANGE COUNTY SANITATION DISTRICT BOUNDARY n.n ORANGE COUNTY WATER DISTRICT BOUNDARY STEERING COMMITTEE Meeting Drto To Bd.of Dir. 9128/99 AGENDA REPORT I Number IWm Numoer mR-o Orange County Sanitation District FROM: David Ludwin, Director of Engineering Originator: Jim Herberg, Engineering Supervisor SUBJECT: Groundwater Replenishment System Joint Agency Committee GENERAL MANAGER'S RECOMMENDATION (1) Request that a monthly verbal report from a member of the Groundwater Replenishment System Joint Agency Committee be given at Board meetings; (2) request that the Board receive and file minutes of the Joint Agency Committee meetings; and (3) request that all Joint Agency Committee recommendations requiring Board approval go directly to the Board. SUMMARY Presently, the Groundwater Replenishment System (GWR System) Joint Agency Committee does not provide a report or present committee meeting minutes to the Board. This has resulted in the Board not being fully informed on issues related to the GWR System as it develops. Additionally, items that exceed the authority of the General Manager and Joint Agency Committee, such as approval of contracts and agreements, are brought before the Planning. Design and Construction (PDC) Committee for approval prior to consideration by the full Board. This process can result in a six-week delay in moving items forward due to the Joint Agency Committee meeting schedule not coinciding with preparation of the PDC agenda package. Staff recommends that the Joint Agency Committee Chair provide a verbal report to the Board, and that the Committee minutes be fled at the regular monthly Board meeting. Staff also recommends that GWR System items requiring Board approval be moved directly from the Joint Agency Committee to the Board. These recommendations will allow the Board to be informed about the GWR System as it is developed. By moving items directly to the Board, the approval process will be streamlined and the GWR System schedule will be expedited. PROJECT/CONTRACT COST SUMMARY Not Applicable BUDGETIMPACT ❑ This item has been budgeted. (Line item: ) X"^ ,ftUY.M.\S VIWC MR1EEw/.1p9Y. 2M vrg E¢ R. arsons Page 1 ❑ This item has been budgeted, but there are insufficient funds. ❑ This item has not been budgeted. ® Not applicable (information item) ADDITIONAL INFORMATION None ALTERNATIVES None CEQA FINDINGS None Required ATTACHMENTS None M Wy.G,alpeM\SIFERIN6 COMMRiEEVA�pPAM]®t ,4^tW,c Page 2