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HomeMy WebLinkAbout2000-10 DRAFT MINUTES OF STEERING COMMITTEE MEETING Wednesday, October25, 2000 A meeting of the Steering Committee of the Orange County Sanitation District was held on Wednesday, October 25, 2000 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: Guy Carrozzo, Director Norm Eckenrode, Chair Thomas L.Woodruff, General Counsel Peter Green,Vice Chair Don Hughes Pat McGuigan, Chairman, OMITS Committee Dan Cassidy Steve Anderson, PDC Committee Ryal Wheeler Jim Silva, County Supervisor Jon Thomsic Jan Debay, Past Chair of the Board Tom Dawes Directors Absent: STAFF PRESENT: Tom Saltarelli, Chairman, FAHR Committee Blake Anderson, General Manager Bob Ghirelli, Director of Technical Services David Ludwin, Director of Engineering Gary Streed, Director of Finance Lisa Tomko, Director of Human Resources Lisa Lawson, Communications Manager Mike Moore, ECM Manager Jean Tappan, Committee Secretary FILED (2) APPOINTMENT OF CHAIR PRO TEM tN THE GFFICE GF THE ORANGE CGON""'* 5!.,d �.d :.,9j„r.: No appointment was necessary. NOV 15 2000 (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 September 27, 2000 Steering Committee meeting were approved as drafted. Minutes of the Steering Committee Page 2 October 25, 2000 (5) REPORT OF THE COMMITTEE CHAIR Committee Chair Norm Eckenrode reported that he and Jim Colston will be attending the CASA long- range planning session Thursday and Friday, October 26-27. He also announced that he has invited Orange County's elected Sacramento and Washington representatives to a December 14 luncheon meeting for a bi-partisan discussion of local urban runoff, upstream runoff,tainted beaches and watershed management issues. He indicated that the goal of the meeting was to educate, bring awareness of how big the problems are,and to move legislators to action. He also reported that there is a meeting scheduled on November 3 to meet Kings County supervisor Tony Oliveira and staff members. (6) REPORT OF THE GENERAL MANAGER General Manager Blake Anderson reported that NexTel Communications has requested a lease to install a cellular tower at Plant 2. This will require Coastal Commission approval. The lease will be presented to the OMTS Committee in December for review. Director Debay requested that before this is approved, the homeowners on the south side of the Santa Ana River should be noticed. Mr.Anderson and Director Green will attend an all-day meeting on Friday with SAW PA's five boards on drought-proofing the watershed. Mr.Anderson is also meeting with Supervisor Taviaglone's aide, John Field to discuss our preliminary interest in a biosolids composting site in western Riverside County. Jim Stahl, General Manager of Los Angeles County Sanitation District and Mr.Anderson are meeting with Pat McCarthy, owner of Liberty Ranch and the San Joaquin Composter facility,to discuss the sale of the property and the upcoming consideration of a blosolids ordinance in Kings County. A. Status of Kern County-Kings County Biosolids Program Mike Moore updated the members on the ongoing biosolids program activities. There has been no action by the court on the CEQA-related Kern County biosolids ordinance lawsuit. There is a meeting October 31 with the Kings County Board of Supervisors. The District will be attending as interested property owners. Mr. Moore mentioned that the Kings County Farm Bureau is opposing the application of Class B biosolids. B. Status of due diligence efforts on purchase of Liberty Ranch and San Joaquin Composter Mike Moore reported the results of the due diligence to date. The appraisal has been received; comps have been identified on other composting sites; an interview was held with biosolids site development experts; the ranch has been inspected;soils samples have been taken; and an environmental assessment of the ranch and water rights is underway. A capacity analysis was done and the LACSD offer was reviewed. (7) REPORT OF GENERAL COUNSEL General Counsel Tom Woodruff did not make a report. Minutes of the Steering Committee Page 3 October 25, 2000 (8) DISCUSSION ITEMS (Items A-C) A. IRWD proposal for three-part staging of GWRS Phase 1 Tom Dawes and Jim Herberg provided an overview of the IRWD proposal as outlined In the IRWD staff report attached to a letter from the Water Producers Association. The idea behind the proposal is to down-size the initial capacity of the GWRS and delay construction of the pipeline up the Santa Ana River. The proposal calls for stretching Phase 1 out several years and dividing it into 3 sub-phases. The first sub- phase includes injecting the GWRS water into new well fields in the area of Fountain Valley, Garden Grove and Santa Ana;applies all grant funds received towards the proposed first phase (1 a); and assigns about 85%of the costs of that phase to the Sanitation District Mr. Dawes said that the proposed project will not provide an independent source of water nor improve water quality in the Anaheim Forebay. A presentation on the proposal will be made at the next FAHR Committee meeting November 8. Director Debay asked that staff prepare separate visuals for that meeting comparing the two projects. B. Huntington Beach Activities Update Bob Ghirelli provided an update on the status of the report on the Phases 1 and 2 studies. A draft of the report should be available by the end of November. A group of experts from across the country will critique the draft at a two-day meeting November 9 and 10. At this time staff is working on a communications strategy for addressing the results. Mr. Ghirelli also discussed some of the preliminary findings of the report. A detailed report will be given to the Steering Committee at its November 15 meeting,a day before the report is released to the public. C. Review Agenda Items scheduled to be presented to Committees in November The Agenda Items scheduled to be reviewed by the Board's working committees in November were reviewed. Director McGuigan announced that the November 1, 2000 OMTS Committee meeting would be held at Plant 2 and begin at 4 p.m.with a tour. (9) OTHER BUSINESS, COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS. IF ANY Blake Anderson complimented Ryal Wheeler and Jon Thomsic and their colleagues on their efforts negotiating the SPMT agreement. Their cooperation and professionalism was appreciated by all involved. (10) MATTERS WHICH A DIRECTOR WOULD LIKE STAFF TO REPORT ON AT A SUBSEQUENT MEETING There were none. Minutes of the Steering Committee Page 4 October 25, 2000 (11) MATTERS WHICH A DIRECTOR MAY WISH TO PLACE ON A FUTURE AGENDA FOR ACTION AND/OR STAFF REPORT There were none. (12) CONSIDERATION OF UPCOMING MEETINGS The next Steering Committee meeting is scheduled for November 15, 2000 at 5 p.m. The next Board Meeting is scheduled for November 15, 2000 at 7 p.m. (13) CLOSED SESSION The Committee convened in Closed Session at 6:30 p.m., pursuant to Government Code Sections 54957.6 and 54956.9. Confidential Minutes of the closed session held by the Committee have been prepared in accordance with Government Code Section 54957.2 and are maintained by the Board Secretary in the Official Book of Confidential Minutes of Board and Committee Closed Meetings. No reportable action was taken re Agenda Items Nos. 13.A.1, -2, and -3. At 6:59 p.m., the Committee reconvened in regular session. (14) ADJOURNMENT The Chair declared the meeting adjourned at 7 p.m. ubmitted by: �A✓ J a Tappan S ring Committee Secretary H,ry.MaWpWalStea,aip L Wfw�IW5ffl sc A Ufts.Ec ORANGE COUNTY SANITATION DISTRICT p 0141982-2412411 nulling address: Pa Box 8127 Nuntein Valley,CA 92]28-812] ".at add.: NOTICE OF MEETING 1 o944 Ellis Avenue OF THE Fountain Valley.CA 92]0&]018 STEERING COMMITTEE ORANGE COUNTY SANITATION DISTRICT Member Agencies WEDNESDAY, OCTOBER 25, 2000 - 5 P.M. • Cities Anaheim DISTRICT'S ADMINISTRATIVE OFFICE Brea Buena Perk 10844 ELLIS AVENUE °'preen Fountain Valley FOUNTAIN VALLEY, CALIFORNIA 92708 Fullerton Garden Grove Huntington Beech Nne Le Hebre Le Palma A regular meeting of the Steering Committee of the Board of Directors of Los Alamitos Newport Beech Orange County Sanitation District, will be held at the above location, date and mange time. Placentia Bents Ane Beal Beech Blanton Tilton One Perk 9or6e Linda County of orange Sanitary Districts Costs Mete Midway City Water Districts Irvine Ranch 'Vianteining worlaZleas Leadership in westeneter end water Resource Management' STEERING COMMITTEE AND BOARD MEETING DATES FOR THE NEXT TWELVE MONTHS Wednesday, October 25, 2000 Wednesday, November 15, 2000' Wednesday, December 20, 2000` Wednesday, January 24, 2001 Wednesday, February 28, 2001 Wednesday, March 28, 2001 Wednesday, April 25, 2001 Wednesday, May 23, 2001 Wednesday, June 27, 2001 Wednesday, July 25, 2001 Wednesday, August 22, 2001 Wednesday, September26, 2001 Wednesday, October 24, 2001 Wednesday, November 28, 2001 Wednesday, December 19, 2001' 'Tentatively rescheduled from regular fourth Wednesday. STEERING COMMITTEE (1) Roll Call: Meeting Date: October 25, 2000 Meeting Time: 5 p.m. Meeting Adjourned: Committee Members Norm Eckenrode, Chair Peter Green,Vice Chair Steve Anderson, Chair, PDC Committee Pat McGuigan,Chair,OMTS Committee Tom Saltarelli, Chair, FAHR Committee Jim Silva, Supervisor Jan Debay, Past Chair of the Board Others Guy Carro=, Director Thomas L. Woodruff, General Counsel Don Hughes Staff Present Blake P. Anderson, General Manager................................. Greg Mathews, Assistant to the General Manager............. Jean Tappan, Secretary....................................................... Bob Ghirelli, Director of Technical Services........................ Gary Streed, Director of Finance........................................._ - Jim Herberg, Engineering Supervisor.................................. Lisa Lawson, Communications Manager............................. Mike Moore, ECM Manager................................................. c: Lenora Crane AGENDA REGULAR MEETING OF THE STEERING COMMITTEE ORANGE COUNTY SANITATION DISTRICT WEDNESDAY, OCTOBER 25, 2000 AT 5 P.M. ADMINISTRATIVE OFFICE 10844 Ellis Avenue Fountain Valley, California 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 Committee 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 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 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 Committee except as authorized by Section 54954.2(b). (4) APPROVE MINUTES OF PREVIOUS MEETING Approve draft minutes of the September 27, 2000 Steering Committee meeting. -2- October 25, 2000 Agenda (5) REPORT OF COMMITTEE CHAIR (6) REPORT OF GENERAL MANAGER A. Status of Kenn County-Kings County Biosolids Program (Mike Moore) B. Status of due diligence efforts on purchase of Liberty Ranch and San Joaquin Composter (Mike Moore) (7) REPORT OF GENERAL COUNSEL (8) DISCUSSION ITEMS (Items A-B) A. IRW D proposal for three-part staging of GW RS Phase 1 (Jim Herberg) B. Huntington Beach Activities Update (Bob Ghirelli) C. Review Agenda Items scheduled to be presented to Committees in November (Information item only) (9) OTHER BUSINESS, COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY (10) MATTERS WHICH A DIRECTOR WOULD LIKE STAFF TO REPORT ON AT A SUBSEQUENT MEETING (11) MATTERS WHICH A DIRECTOR MAY WISH TO PLACE ON A FUTURE AGENDA FOR ACTION AND STAFF REPORT (12) FUTURE MEETING DATES The next Steering Committee Meeting is scheduled for 5 p.m.,Wednesday, November 15. 2000. The next Board Meeting is scheduled for 7 p.m.,Wednesday, November 15, 2000. (13) 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. -3- October 25, 2000 Agenda 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. A. Convene in closed session to: 1. Confer with District's Labor Negotiators (Human Resources Representative and General Manager) re salaries, benefits,terms and conditions of employment for employees represented by SPMT Unit (Government Code Section 54957.6) 2. Confer with General Counsel re claim of Crow Winthrop Development Limited Partnership(Government Code Section 54956.9(b)(3)(c)) 3. Confer with General Counsel re Regional Water Quality Control Board Administrative Civil Liability Complaint 00-74 (Government Code Section 45956.9(a)) B. Reconvene in regular session C. Consideration of action, if any, on matters considered in closed session. (14) ADJOURNMENT jt N MP DTAAGENDASTEERMG CDNA1D7EEW' =102fi AGENDA.,MEETING CALENDAR AND RDU- LLSNEET.00C Notice to Committee Members: For any questions on the agenda or to place items on the agenda,Committee members should contact the Committee Chair or the Secretary ten days in advance of the Committee meeting. Committee Chair: Norm Eckenmde (714)993-6261 (Placentia City Hall) Secretary: Jean Tappan (714)593-7101 (714)962-0356(Fax) E-mail: ItaDDan()cicsd.com Y DRAFT MINUTES OF STEERING COMMITTEE MEETING Wednesday, September 27, 2000 A meeting of the Steering Committee of the Orange County Sanitation District was held on Wednesday, September 27, 2000 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: Tom Nixon, Counsel North Eckenrode, Chair Don Hughes Peter Green,Vice Chair Brian Walter, Cassidy&Assoc. Pat McGuigan, Chairman, OMTS Committee Mark Reed Steve Anderson, PDC Committee Jim Colston Tom Saltarelli, Chairman, FAHR Committee Bill Lloyd Jim Silva, County Supervisor Ryal Wheeler Jan Debay, Past Chair of the Board Chuck Lee Jon Thomsic Directors Absent: STAFF PRESENT: Blake Anderson, General Manager Bob Ghirelli, Director of Technical Services David Ludwin, Director of Engineering Greg Mathews,Assistant to the General Manager Lisa Lawson, Communications Manager Lisa Tomko, Director of Human Resources Layne Baroldi, Senior Regulatory Specialist Jim Herberg, GW RS Project Manager Jeff Reed, Human Resources Senior Analyst Jean Tappan, Committee Secretary (2) APPOINTMENT OF CHAIR PRO TEM No appointment was necessary. (3) PUBLIC COMMENTS General Manager Blake Anderson recognized Jim Colston and Jon Thomsic, members of the SPMT Group, who addressed the Committee regarding their group's concerns with additional delays approving the tentative agreement reached with the District's negotiators in July. They asked that the members consider sending the tentative agreement to the full Board at tonight's meeting rather than going back to the FAHR Committee for further discussion. Minutes of the Steering Committee pp Page 2 4 September 27, 2000 m ,Q (4) RECEIVE. FILE AND APPROVE MINUTES OF PREVIOUS MEETING The minutes of the August 23, 2000 Steering Committee meeting were approved as drafted. (5) REPORT OF THE COMMITTEE CHAIR Committee Chair Eckenrode reported on his trip to Washington, DC for the signing ceremony for a memorandum of understanding regarding participation in the Santa Ana River Watershed Group efforts to secure matching federal funding for infrastructure needs in the watershed. Chair Eckenrode thought that the program was well-received by the legislators in attendance. (6) REPORT OF THE GENERAL MANAGER A. General Manager Blake Anderson reported on two workshops that the District sponsored. Capacity Maintenance. Operation and Management (CMOM)of City-owned Local Sewers. This all-day workshop was held in Garden Grove on September 20. Over 100 people attended. There appears to be very little local agency understanding of what the regulations will mean to the cities in Orange County and staff. OCSD,with assistance from state and EPA representatives, attempted to clarify some of the Issues. Director McGuigan reported that she attended this workshop and it was an eye- opener. The fines tied to sewer spills could be overwhelming for cities with aging systems. She complimented Nick Arhontes for his presentation on what the cities will have to do in order to comply with the regulations as they are now drafted. She recommended that a presentation on this subject be made to all Board members because the impacts could be staggering and cities should begin this planning effort now and work cooperatively with all agencies involved. Mr. Anderson reported that staff is preparing a white paper that will be presented to all the working committees and will serve as the basis for our outreach program with city managers. He stated that it is unclear when the draft regulations will appear in the Federal Register. CASA and AMSA will be closely monitoring this with us. Spill Response Seminar. On September 26, 225 people attended this workshop, which was held in Fountain Valley. The objective was to educate local agency representatives on how to prevent and respond to spills. Mr.Anderson reported that the Grand Jury will be making a report on what should be done to improve the environment and this subject will be included. The Grand Jury will be meeting with staff on follow-up Issues, as well as returning to the District for a plant tour B. GWRS-related Issues: Minutes of the Steering Committee Page 3 September 27, 2000 1. Lisa Lawson reported that the GWRS Joint Coordinating Committee formed a Public Information Subcommittee, to focus on outreach for the project before the January go/no go votes by the board. Two workshops for Directors to provide progress updates.The next workshop is scheduled on Saturday, October 7, the focus will be on wrapping up the technical issues.The second workshop is scheduled for Saturday, December 2,where there will be a general overview for newly-appointed representatives and an updated project cost estimate will be discussed. 1 2. Four public workshops (three evening and one during the day) are being scheduled in November. Director Green suggested that one workshop be held in Huntington Beach. Monthly updates, similar to those given to the PDC Committee,will be provided to the Board beginning in October. Letters will be sent to the mayors of all cities asking that changes in representation on the District Board of Directors be made early enough so that a newly-appointed member has time to learn about the project before the project"go-no go" decision at the January 24, 2001 Board meeting. 3. Jim Herberg reported on the steps remaining before making the final decision in January. The focus is finalizing the research and technology reports, developing a final cost estimate, defining governance and financing issues. Mr. Anderson reported on a staff report presented to a committee of the IRW D Board that recommends a different approach than currently being considered. Staff will be meeting with IRWD to discuss the concerns about risk expressed in that report. C. Kern County Update. Blake Anderson reported that he will be attending a workshop tomorrow in Sacramento with dairy, agricultural, urban regulatory and environmental interests discussing problems with organic wastes disposal state-wide. Biosolids, manure, agricultural waste and urban green waste will be discussed. This is the beginning of a dialogue between the various groups. Layne Baroldi reported that on August 23, 2000, the Notice of Determination was filed on the state's General Order EIR regarding land application of biosolids and the 30- day challenge period started. Staff is not aware of any challenges filed to date, though indications are that Kern County and the Central Delta Water Agency may file. Counsel Tom Nixon reported that a day-long court hearing was held August 30 on the Kern County Biosolids Ordinance CIRCA process. The judge indicated that a tentative decision would favor Kern County. However, after hearing our arguments, the judge indicated that he would take the matter under submission. To date, the court has not made a final decision. The court is customarily required to render a decision within 120 days of a hearing. Minutes of the Steering Committee Page 4 September 27, 2000 Mr. Baroldi indicated that Kings County is also considering a new biosolids ordinance and outlined the draft terms that are favorable to the continued use of Class B biosolids. The Kings County Farm Bureau has asked staff to make a presentation on land application of biosolids. An internal memorandum of support for applying biosolids to land was written by one of the major farmers in Kings County. Upon questioning, staff indicated that moving from Class B to Class A biosolids for land applications would cost about$10/ton or more,depending on the technology utilized, for an additional cost of at least$2.5 million per year. The Kings County draft ordinance is considering three different boundaries for restricting the application of biosolids. The District's parcel and parcels owned by other biosolids users are not excluded by any of the three boundary lines. The appraiser has submitted an estimate of$40,000 for the McCarthy Farms compost facility. Staff will be seeking additional proposals for the appraisal. D. SARI Line Relocation Update. Mr. Anderson reported that a professional services agreement has been awarded and several coordination teams are working on it. Twenty-two permits have been identified for the project. SAWPA continues to raise issues regarding cost of the project and we will be open to considering their suggestions. The target completion is 2003. State subvention funds are being considered,which could provide up to 70% state and federal funding. (7) REPORT OF GENERAL COUNSEL Counsel Tom Nixon Indicated a need to add one item to the closed session that needed Immediate attention, which arose subsequent to the posting of the agenda,to wit: a settlement offer for a worker's compensation claim filed by District employee Larry McLemore. Mr. Nixon reported that an additional item could be added pursuant to Government Code Section 54954.2(b) upon a lwo-thirds vote of the Committee. No other item could be discussed or acted upon. A motion was made, seconded and duly carried to add Agenda Item No. 13(b), pursuant to authority of Government Code Section 54954.2 to authorize discussion and consideration of the following item which arose subsequent to the posting of the agenda and which requires action at this time, to wit: Larry McLemore v. Orange County Sanitation District, WCAB Nos. LAO 763673;675 (Government Code Section 54956.9). Mr. Nixon also reported that the Montrose trial is scheduled to begin October 3, 2000. (8) DISCUSSION ITEMS (Items A-B) A. The Committee agreed with staffs recommendation that working committees would not meet in January 2001. This will allow staff a break in the agenda process. Minutes of the Steering Committee Page 5 September 27, 2000 B. The Agenda Items scheduled to be reviewed by the Board's working committees in October were reviewed. Because many of the listed OMTS Committee items were moved, OMTS Committee Chair recommended canceling the October 4 meeting and that the start time for the November 1 OMTS Committee meeting be changed to 4 p.m. This will allow time for a tour before the meeting. (9) OTHER BUSINESS. COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY There was no other business discussed. (10) MATTERS WHICH A DIRECTOR WOULD LIKE STAFF TO REPORT ON AT A SUBSEQUENT MEETING Director Green asked that staff provide an update on the experts report on the problems at Huntington Beach. Staff will make presentations at all of the committees in October or November. (11) MATTERS WHICH A DIRECTOR MAY WISH TO PLACE ON A FUTURE AGENDA FOR ACTION AND/OR STAFF REPORT There were none. (12) CONSIDERATION OF UPCOMING MEETINGS The next Steering Committee meeting is scheduled for October 25, 2000 at 5 p.m. The next Board Meeting is scheduled for October 25, 2000 at 7 p.m. (13) CLOSED SESSION The Committee convened in closed session at 6:25 p.m., pursuant to Government Code Sections 54957.6 and 54956.9. Confidential minutes of the closed session held by the Steering Committee have been prepared in accordance with California Government Code Section 54957.2 and are maintained by the Board Secretary in the Official Book of Confidential Minutes of Board and Committee Closed Meetings. A report of actions taken will be publicly reported at the time the approved action becomes final re agenda items Nos. 13(a)and 13(b). At 7:04 p.m., the Committee reconvened in regular session. Minutes of the Steering Committee Page 6 September 27,2000 (14) ADJOURNMENT The Chair declared the meeting adjourned at 7:04 p.m. Submitted by. a 'Tappan "ring Committee Secretary �Mv aeW.mww.q tm.w.enowoaus:roo u wua..ax SELECTION COMMITTEE Meeting Date I To ad.or Dir. o/2s/oo AGENDA REPORT Itegl NuAmbe Item Number Orange County Sanitation District 1' FROM: Blake P. Anderson, General Manager SUBJECT: PROPOSAL BY THE IRWD TO DIVIDE GWRS, PHASE I INTO THREE PARTS GENERAL MANAGER'S RECOMMENDATION For information only SUMMARY On October 11, IRWD's General Manager, Paul Jones, met with Bill Mills and Blake Anderson to discuss IRWD's recently developed proposal for staging the construction of Phase I of the Ground Water Replenishment System. The proposal is a significant departure from the concept that has been under discussion for over three years. During the meeting, Mr. Jones went through an approximately 12 page outline that summarized the concept. As of this writing, we have not received a formal transmittal of the concept with the supporting technical and financial documentation. We have been told that IRWD will mail it to us on October 19. IRWD's proposal is to construct Phase I sequentially overtime as Phases la, lb, and Ic. Phase la would be constructed first and would consist of a somewhat downsized version of the Phase I treatment plant which consists of microfilters, reverse osmosis, and ultra-violet disinfection. Under normal conditions, the treated water would be conveyed to a new and upgraded salt-water intrusion barrier system in Fountain Valley and Costa Mesa. There would also be provisions to discharge microfiltered water to the Santa Ana River under certain emergency conditions for the purpose of reducing peak hydraulic flows now going to our ocean outfall. Under this proposal, no water would be initially available to either mid-basin injection wells or northern basin percolation ponds. IRWD's proposed Phase lb would be to built some unspecified time later. It would consist of a conveyance pipe running a few miles up the Santa Ana River. From its ending point, treated water would be provided to injection wells in the mid-basin area either on a northwesterly alignment along the old Southern Pack right-of-way in Santa Ana and Garden Grove or, alternately, an easterly alignment along Edinger Avenue in Santa Ana. Additional capacity in the treatment plant would be added under Phase lb. IRWD's proposed Phase Ic, would be build some time after Phase lb and would consist of a conveyance pipe traveling the remaining several miles up the Santa Ana River to the Anaheim Forebay recharge area. The IRWD proposal has several economic and policy assumptions embedded within it that will have to be evaluated by the staff and directors of the Sanitation District and the Water District. That evaluation will be conducted after IRW D's proposal has been conveyed to us. We have been told by IRWD that they have shared this idea with some of the representatives of the retail water agencies that are customers of the Orange County Water District. Mr. Jones informed us that he met with several of these agencies just before his meeting with Blake Anderson and Bill Mills, using the same Power Point hard copy that he used with us. We have reason to be concerned about this because we did not agree with the basis of some of the financial numbers that Mr. Jones conveyed to us in his presentation. We believe that they place GWRS in an unfavorable and unfair light, based on what we can recall from the presentation. PROJECT/CONTRACT COST SUMMARY BUDGETIMPACT ❑ 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 ALTERNATIVES CEQA FINDINGS ATTACHMENTS H".ft� gmdo�EFINO GOMMRIEEV'OW =103 IWDF Nl MOWFUSAW ftw.:Nome Page 2 STEERING COMMITTEE Meebng Date I To ad.of Dir. 10/25/00 10/25/00 AGENDA REPORT IItey Number Item Number Orange County Sanitation District Y fS FROM: Robert Ghirelli, Director of Technical Services Originator: Charles McGee, Laboratory Supervisor Deirdre Hunter, Senior Environmental Specialist SUBJECT: HUNTINGTON BEACH ACTIVITIES UPDATE GENERAL MANAGER'S RECOMMENDATION Informational Item only SUMMARY The District, City of Huntington Beach, and County of Orange funded a series of studies designed to identify the source(s) and potential transport mechanisms that could explain the beach bacteria contamination during the summer of 1999. These studies include watershed sampling; extensive groundwater and sediment sampling; nearshore intensive sampling; nearshore current metering; a process dye study; and intensive Talbert Marsh sampling, and are referred to as the Phase II Investigations. The majority of the fieldwork was completed in May 2000. Staff has reviewed draft reports from URS Greiner Woodward Clyde, Komex H2O Science, and UCI. The USC Sea Grant and National Water Research Institute blue ribbon panel reports are scheduled to be released to the public in November 2000. The inland berms at the Greenville-Banning Channel and the Santa Ana River were removed on September 21, 2000. The Talbert Channel berm was removed on September 27, 2000. The District continues to accept urban runoff from the City of Huntington Beach pump station and one County flood control pump station. Urban runoff flows to Plant No. 2 currently average about 1.2 MGD since the channel berms were removed. Laboratory analyses performed on runoff collected at the Adams, Indianapolis, and Newland pump stations indicated that levels of total coliform, heavy metals, toxic organics, and pesticides were within the District's local limits and would not adversely affect the District's ocean discharge permit. Sampling at the three diversion locations was completed and analyses are pending. K"dWWpeM MEERING COMMI TEP9 OdN%10M NB U041e 9TAW Rex»e: BoMe Page 1 PROJECT/CONTRACT COST SUMMARY N/A BUDGETIMPACT ❑ 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 N/A ALTERNATIVES N/A CEQA FINDINGS N/A ATTACHMENTS N/A HAx dWUQmdaZTEERING COMMITTE000I 001102f HB U0810 ar dM wMe Page 2 STEERING COMMITTEE Mewing Date I To ad.or Dr. io/as/oo AGENDA REPORT IIpSn dumber Item Number Orange County Sanitation District b FROM: Blake P. Anderson, General Manager Originator: Jean Tappan, Committee Secretary SUBJECT: November 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 November. 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 tentatively scheduled to be considered by the Committees in November: OMTS Committee: 1. 2000-2001 Research Program and Facility Tours 2. Update on EPA's Capacity Maintenance Operation Management (CMOM) Program 3. Huntington Beach Status Report/Expert Panel Findings 4. Safety Program Update 5. Fifth Amended Joint Powers Agreement with Southern California Coastal Water PDC Committee: 1. Ratify Change Order No. 3 to Job No. P1-46-3, Chemical Facility Modifications 2. Approve Professional Services Agreement re Contracts 1-17, 7-21, and Job No. 1-2-4, Sewer Inspections 3. Establish a budget for Job No. P1-83, Headworks No. 1 Demolition 4. Approve Professionals Services Agreement re Job No. P2-66, Headworks Engineering analysis/Pilot Work 5. Establish a budget for Contract No. 11-30, Huntington Beach Purchase Access Improvements near Talbert Marsh FAHR Committee: 1. Asset Management Presentation 2. Report on LEAD Program 3. Consider Alternative GWRS Strategy 4. Consider Equity Salary Adjustments 5. 1999-2000 Comprehensive Annual Financial Report 6. 2000-2001 First Quarter Financial and Operational Report PROJECT/CONTRACT COST SUMMARY N/A BUDGETIMPACT ❑ 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 M] AW4pendaWEERING LOMMI7EEIo0 6=102W Gsl of ARs for Nowr do R.W. erMa Page 2 STEERING COMMITTEE Meeting Date To atl.of Dir. rzsi0o AGENDA REPORT Ite N tuber Item Number 1 .�. 3 Orange County Sanitation District FROM: Blake P. Anderson, General Manager SUBJECT: CA Regional Water Quality Control Board Administrative Civil Liability— Complaint No. 00-74 GENERAL MANAGER'S RECOMMENDATION Information Only SUMMARY Attached is the letter from the Regional Board addressing the proposed amount of civil liability for the Beach Boulevard Spill in La Habra on June 9, 2000. Staff and General Counsel will discuss the District's response to this with the Committee in Closed Session. PROJECT/CONTRACT COST SUMMARY BUDGETIMPACT ❑ 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 ALTERNATIVES CEQA FINDINGS ATTACHMENTS wonwu Re,x . MW Page 2 California Regional Water Quality Control Board - Santa Ana Region Peter M.Itwney InIMICI Address: help://w .sw b.ce.pv Gmy Davis Smremryfnr 3737 Main Swel.SuiW 500,Riverside,Glif.ie 9MI-3339 Gn,anu r Envirwnnemel N.c(909)782-4130 9 PAX(909)781-6288 October 12, 2000 CERTIFIED MAIL RETURN RECEIPT REQUESTED Robert P. Ghirelli, D.Env. Director of Technical Services Orange County Sanitation District P.O. Box 8127 Fountain Valley, California 92572-8300 ADMINISTRATIVE CIVIL LIABILITY-COMPLAINT NO. 00-74 Dear Mr. Ghirelli: Enclosed is Administrative Civil Liability Complaint No. 00-74. This complaint alleges that the OCSD violated California Water Code Section 13376 and the Water Quality Control Plan for the Santa Ana River Basin when, on June 9, 2000, a District sewer line overflowed and discharged untreated wastewater into storm drains which eventually reached the Pacific Ocean. Consequently, OCHCA closed a portion of Seal Beach. If there is to be a public hearing on this matter, it will be scheduled for the November 17, 2000 Regional Board meeting, which will be held in the City of Huntington Beach, California. If a hearing is held, the staff report concerning the complaint and a meeting agenda will be mailed to you prior to the hearing. If you choose to waive your right to a hearing in this matter, please sign the enclosed waiver form and submit it to this office prior to November 3, 2000, with a cashier's check or money order for the proposed amount of civil liability ($107,500). The check or money order should be made payable to the State Water Resources Control Board. If you do not wish to waive your right to a hearing, we recommend scheduling a preheating meeting at the Regional Board's office prior to November 3, 2000. At that time, you may wish to submit information that may not have been previously available to staff regarding this incident. This information should address the following items: 1. Nature, circumstances, extent, and gravity of the violations; 2. Ability to pay the proposed assessments; 3. Any prior history of violations; 4. Your degree of culpability; 5. Economic benefit or saving, if any, resulting from the violations, and, 6. Such other matters as justice may require. California Environmental Protection Agency 29 eeryrled Paper Complaint No. 00-74 - 2 - October 12, 2000 If you have any questions, or wish to schedule a prehearing meeting, please contact me at (909) 782-3284, Mark Adelson, Chief of the Board's Surveillance and Enforcement Section, at (909) 782-3234, Najah N. Amin, Surveillance and Enforcement Section Staff Engineer, at (909) 320-6362, or Ted Cobb, the Regional Board's Staff Counsel, at (916) 657-0406. Sincerely, Gera d J. Thibeault Executive Officer Enclosed: Complaint No. 00-74 cc: w/enclosures Regional Board State Water Resources Control Board, Office of the Chief Counsel -- Ted Cobb U. S. Environmental Protection Agency, Region IX Lawyers for Clean Water, c/o San Francisco Baykeeper nna/ocsdacic.cov 4 California Environmental Protection Agency 0 R.,#.e P.,,, California Regional Water Quality Control Board Santa Ana Region IN THE MATTER OF: Orange County Sanitation District ) Complaint No. 00-74 10844 Ellis Avenue ) for P.O. Box 8127 ) Administrative Civil Liability Fountain Valley, California ) 92708.8127 ) YOU ARE HEREBY GIVEN NOTICE THAT: 1. Orange County Sanitation District (OCSD) Is alleged to have violated provisions of law for which the California Regional Water Quality Control Board, Santa Ana Region (hereinafter Board) may impose administrative civil liability, pursuant to California Water Code Section 13385. 2. A hearing concerning this complaint will be held before the Board within 60 days of the date of issuance of this complaint, unless OCSD waives Its right to a hearing. Waiver procedures are specified on Page 3 of this complaint. If the hearing on this matter is not waived, the hearing will be held during the Board's regular meeting on November 17, 2000, in the City of Huntington Beach, California. The meeting begins at 9:00 a.m. OCSO or its representative will have the opportunity to appear and be heard and to contest the allegations in this complaint and the Imposition of civil liability by the Board. An agenda announcement for the meeting will be mailed to you not less than 10 days prior to the hearing date. 3. If the November 17,2000, hearing is held on this matter,the Board will consider whether to affirm, reject, or modify the proposed administrative civil liability or whether to refer the matter to the Attorney General for recovery of judicial civil liability. 4. OCSD is alleged to have violated California Water Code Section 13376 which states: "Any person discharging pollutants or proposing to discharge pollutants to the navigable waters of the United States within jurisdiction of this . State...shall file a report of discharge In compliance with procedures set forth in section 13260,"and, "The discharge of pollutants...by any person except as authorized by waste discharge requirements...Is prohibited." 5. OCSD is alleged to have violated the provision of the Water Quality Control Plan for the Santa Ana River Basin prohibiting the discharge of untreated sewage (page 5-5). This prohibition states: "The discharge of untreated sewage to any surface water stream, natural or man- made, or to any drainage system intended to convey stormwater runoff to surface water streams, is prohibited." 6. This complaint is based on the following facts: r Administrative Civil liability Complaint No. 00-74 Page 2 A.) There are two, parallel Interceptor sewer lines running and flowing in a generally north-south direction along Beach Blvd. between Imperial Highway and Rosecrans Ave., in the City of La Habra, Orange County. These lines are referred to herein as the"Fast line"and the"West line." These lines intercept OCSD's Miller Holder trunk line at a point between Imperial Highway and Rosecrans Ave. The Miller Holder trunk line also parallels the Fast and West lines along Beach Boulevard. OCSD contracted for a construction project to increase the capacity of the Miller Holder sewer trunk line to meet capacity requirements of the City of La Habra through 2020. The construction project required that the East line flows be temporarily diverted to the West line. The diameter of the West line ranges in size from 15 inches to 21 inches, and the diameter of the East line ranges in size from 18 inches to 27 inches. See Figure 1, attached. B.) Prior to the commencement of construction, OCSD's design consultant determined that the West line had sufficient capacity to handle the flow from both the East and West lines between 12:00 a.m. and 6:00 a.m., the low-flow period of the day. The design consultant's conclusion was confirmed by flow meter data. Fleming Engineering, OCSD's construction contractor, was specifically informed of the design consultant's flow analysis before construction commenced. The contractor's flow diversion plan provided for diversion of the flow into the West line, "...during low flow hours only when necessary." C.) Early on June 9, 2000, Fleming Engineering diverted flow from the East line into the West line, by installing an inflatable plug in the East line at a diversion manhole just south of Imperial Highway,to work on the Miller Holder project. The work site was on Beach Blvd. approximately 8,400 feet south of Imperial Highway. At 6:00 a.m.,the contractor elected to continue working with the inflatable plug in place, believing (based on the flow level observed)that the West line could continue to accommodate the flow. Subsequently, the West line surcharged and an estimated 60,600 gallons of sewage overflowed from a manhole in Beach Blvd. approximately 200 feet south of Imperial Highway. D.) Sewage flowed approximately 1,000 feet to a storm drain drop inlet on the east side of Beach Boulevard, south of Imperial Highway, and eventually entered Coyote Creek. An estimated 1,000 gallons of sewage were recovered, and approximately 59,600 gallons were not recovered. 7. Coyote Creek is tributary to the San Gabriel River, which empties into the Pacific Ocean at Seal Beach. As a result of the June 9, 2000, sewage spill, Orange County Health Care Agency closed approximately one mile of public beach to body contact recreation,from the mouth of the San Gabriel River to the Seal Beach Pier, from June 9 through June 13,2000. 8. OCSD submitted a June 16, 2000, report concerning the spill. Among other details, OCSD reported that on June 12,2000, a contractor videotaped the WAt line between the construction site and Imperial Highway and observed a piece of lumber (approximately 2"x 4"x 20")of unknown origin lodged in a manhole in the West line approximately 1,300 feet south of the overflowed manhole. The report stated that Administrative Civil Liability Complaint No. 00-74 Page 3 9. The discharge occurred from sewage collection facilities owned and operated by OCSD, and OCSD is strictly liable for the unauthorized discharge of waste form these facilities. OCSD is also liable for the violations cited above. Pursuant to Section 13385(c),the Board can administratively assess civil liability in an amount not to exceed the sum of the following: A.) Ten thousand dollars ($10,000) for each day in which the violation occurs; and, B.) Where there is a discharge, any portion which is not susceptible to clean up or is not cleaned up, and the volume discharged but not cleaned up exceeds 1,000 gallons, an additional liability not to exceed ten dollars ($10) times the number of gallons by which the volume discharged but not cleaned up exceeds 1,000 gallons. 10. In accordance with Water Code Section 13385(c), the maximum liability for the violation cited is$596,000. This liability has been calculated as follows: A) $10.000 for one day of discharge. B) $586,000 at $10 per gallon for each gallon over 1,000 gallons discharged but not cleaned up. C) The sum of$10,000 and $586,000 is $.. C . 11. Section 13385(a) specifies factors that the Board shall consider in establishing the amount of civil liability. After consideration of these factors, the Executive Officer proposes civil liability be imposed on OCSD in the amount of$107,500 for the violation cited above. 12. 00SD may waive Its right to a hearing in this matter. If OCSD waives its right to a hearing, OCSD shall sign the waiver, which is page 4 of this Complaint, and return it, together with a check payable to the State Water Resources Control Board in the amount of$107,500. Send the check and signed waiver to: Santa Ana Regional Water Ouality Control Board 3737 Main Street, Suite 500 Riverside, CA 92501.3339 If you have any questions concerning this complaint, contact the undersigned at 909l782-3284, Mark Adelson, Surveillance and Enforcement Section Chief, at 909/782- 3234, Najah N. Amin, Surveillance and Enforcement Section Staff Engineer, at 909/320- 6362, or Ted Cobb, the Board's Staff Counsel, at 916/657.0406. Date GarkdJ.Thibeault Executive Officer Administrative Civil Liability Complaint No. 00-74 Page 4 California Regional Water Quality Control Board Santa Ana Region IN THE MATTER OF: Orange County Sanitation District ) Complaint No.00-74 10844 Ellis Avenue ) for P.O. Box 8127 ) Administrative Civil Liability Fountain Valley, California ) 92708-8127 1 Waiver of Hearing Orange County Sanitation District(OCSD)agrees to waive its right to a hearing before the Santa Ana Regional Water Quality Control Board with regard to the violations alleged in Complaint No. 00-74. OCSD has enclosed a check payable to the State Water Resources Control Board for the amount of the proposed liability in Paragraph 11 of Complaint No. 00-74. OCSD understands that it is giving up its right to be heard and to argue against the allegations made in the Complaint No. 00-74, and against the imposition of, and amount of,civil liability. Date for Orange County Sanitation District 4 Figure 1: Sewer Line and Spill Flow Schematic t Im ed III Hi hwa e Distance: 200 feet Div rsion ug Spill Site SP II flow M� di coon W Distance: 1,300 feet Storr i Drain CCTV inspection Storm Drain linds 2"A" Distance 8,400 fee Curb Curb Cp ote Cre k Construction project area for new manhole Me ' an Killer Holder NORTH Trunk Li M nee