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HomeMy WebLinkAbout2002-10 DRAFT MINUTES OF STEERING COMMITTEE MEETING Wednesday, October 23, 2002 A meeting of the Steering Committee of the Orange County Sanitation District was held on Wednesday, October 23, 2002 at 5 p.m., in the District's Administrative Office. (1) The roll was called and a quorum declared present, as follows: STEERING COMMITTEE MEMBERS: OTHERS PRESENT: Directors Present: Thomas L. Woodruff, General Counsel Shirley McCracken, Chair Don Hughes Steve Anderson, Vice Chair Joan Irvine Smith Pat McGuigan, Chairman, OMITS Committee Ryal Wheeler Russell Patterson, Chairman, PDC Committee Mike Moore Brian Brady, Chairman, FAHR Committee Don Schultz Norm Eckenrode, Past Board Chair Bob Costin Randy Fuhrman Directors Absent: Jim Silva, County Supervisor STAFF PRESENT: Blake Anderson, General Manager Bob Ghirelli, Director of Technical Services FILED David Ludwin, Director of Engineering IN THE OFFICE OF THE SECRETARY Bob Ooten, Director of Operations and ORANGE C011-`°-`kMN DISTRICT Maintenance NOV 20 2002 Sonja Wassgren, Sr. Admin. Analyst, Communications Jim Colston, Senior Regulatory Specialist Jean Tappan, Committee Secretary (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 September 25, 2002 Steering Committee meeting were approved as drafted. (5) REPORT OF THE COMMITTEE CHAIR Committee Chair Shirley McCracken reported on the January 2003 CASA Mid-year conference that will be held in Palm Springs between January 15 and 18. There will be an Urban Runoff Ad Hoc Committee meeting on November 21. Chair McCracken recognized Russ Patterson's contributions as he leaves the Board next month. (6) REPORT OF THE GENERAL MANAGER A. Orange County Infrastructure Report Card General Manager Blake Anderson made a presentation on the Orange County Infrastructure Report Card, which was the subject of a roll-out on October 10. Sewers and wastewater received a C+. Taken separately,wastewater received a B+and sewers an overall grade of C-. Overall,the District is in good shape but the Countys sewers are suffering from age and grease buildup. Chair McCracken suggested working with the cities to provide assistance. A coordinated effort will be required to correct some of the deficiencies. B. GW RS Agreement and Amended Budget This agreement is on the Board agenda for approval. Mr. Anderson reported that the JCC unanimously approved the agreement in September and in October all three working committees heard reports on the agreement and the amended budget. The PDC Committee forwarded the agreement to the full Board with a recommendation to approve it,though it took no action on the amended budget. Last Wednesday, the Water District Board approved the agreement on an 8.1 vote. He mentioned that start-up of the project is estimated to be Spring 2007 and that the fully-escalated budget with contingency funds is now estimated to be$453 million, up from the late 2000 estimate of$352 million. A detailed presentation will be presented at the Board meeting. (7) REPORT OF GENERAL COUNSEL General Counsel Tom Woodruff did not make a report. (8) DISCUSSION ITEMS(Items A-E) A. Advocacy and grant-seeking activities in Washington, DC Mr. Anderson reported on the District's involvement in advocacy groups, mainly AMSA and CASA. In the last few years, our Washington representative, Eric Saperstein, has been working on several regional issues and grants. There is now a need for a far more larger effort to achieve our two major objectives: ensuring that EPA will give us reasonable time to achieve secondary treatment standards and receiving federal funding. Bob Ghirelli, Director of Technical Services, explained how we plan to move forward. The District will not seek a language change in the Clean Water Act during this session of Congress. Mr. Saperstein and John Freshman will be meeting with the Steering Committee at a special meeting on November 7, 2002 between 3 and 5 p.m., prior to the PDC Committee meeting. They will discuss their plans on how to roll out these initiatives to the congress in the January through March time frame. Minutes of the Steering Committee Page 3 October 23, 2002 B. Status of Ocean Permit Application and Negotiation Process Bob Ghirelli and Jim Colston provided an overview of the draft application and the timeline for review. The first draft is being presented to the Directors to provide an opportunity to comment and make suggestions before approving the application in November and submitting the application to EPA in the early part of December. C. Proposed Principles of Agreement between SAW PA and OCSD Blake Anderson reported that SAW PA is still about$3 million In arrears for engineering work on the SARI protection and relocation project. He announced that SAW PA has submitted a proposal letter that stated it would pay the outstanding invoices conditional upon our entering into negotiations for SAW PA purchasing the upper portion of the SARI line. There were nine deal points outlined and reviewed by Mr.Anderson and the general manager of SAW PA. These are being reviewed by staff. The Directors were asked to comment on this proposal,which would require moving flow from the SARI line to a new line through Yorba Linda. SAW PA would end up with sole responsibility for the upper portion of the SARI line and the District would be responsible for the new line. The Committee directed the general manager to put SAW PA on notice that they must be in complete compliance with the terms of the existing agreement and that their Invoices are paid to our satisfaction before any further transfer of ownership discussions proceed. They also wanted to see a list of what obligations SAW PA has and which are outstanding. D. The Agenda Items scheduled to be reviewed by the Board's working committees in November were reviewed. Mr. Ghirelli reported that staff was prepared to make a report on the Huntington Beach Phase III study but the research team and the peer review panel have not submitted their findings and have indicated that it will be January before they are complete. The Directors directed staff to make the presentation when the information was complete E. The agenda items scheduled to be presented to the Board at tonight's meeting were reviewed. There were no questions. (9) OTHER BUSINESS, COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY There was no other business discussed. (10) MATTERS WHICH A DIRECTOR WOULD LIKE STAFF TO REPORT ON AT A SUBSEQUENT MEETING There were none. (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 There will be a Special Steering Committee meeting on Thursday, November 7 beginning at 3 p.m. The next Steering Committee meeting is scheduled for Wednesday, November 20, 2002 at 5 p.m. Minutes of the Steering Committee Page 4 October 23, 2002 The next Board Meeting is scheduled for Wednesday, November 20, 2002 at 7 p.m. (13) CLOSED SESSION The Committee convened at 6:22 p.m. in Closed Session, pursuant to Government Code Section 54956.9, to discuss an existing matter of litigation entitled; Orange County Sanitation District at al.,vs. Kern County at al. Minutes of the Closed Session are on file with the Board Secretary. Confidential Minutes of the Closed Session held by the Steering Committee have been prepared in accordance with Government Code Section 54957.2, and are maintained by the Board Secretary in the Official Book of Confidential Minutes of Board and Committee Closed Meetings. There was no reportable action taken by the Steering Committee. At 6:40 p.m., the Committee reconvened in regular session. (14) ADJOURNMENT The Chair declared the meeting adjourned at 6:40 p.m. Submitted by: Je Tappan S ring Committee Secretary nwcm.�.ww�wwn�.u,.,w..�an�mamu wwnme ORANGE COUNTY SANITATION DISTRICT pfwne: (714)952-2411 f. 1714)3620 56 nww.awd.wm ale ine address: PG. Ho.8127 - NOTICE OF MEETING fsuntsn Valley. > 92728-8127 OF THE ..adm.e.: STEERING COMMITTEE 108"Ell's Avenue Rant9270e 7018 ORANGE COUNTY SANITATION DISTRICT Minable, °penpat WEDNESDAY, OCTOBER 23, 2002 - 5 P.M. Cities Ananeac DISTRICT'S ADMINISTRATIVE OFFICE Brae Buena Park 10844 ELLIS AVENUE Gypreas FPun.m Via", FOUNTAIN VALLEY, CALIFORNIA 92708 Fullerton Garden Grore Hulpng.n Beech lr ane Le HeOra La Palma A regular meeting of the Steering Committee of the Board of Directors of Los Alamiws Naftoort Beach Orange County Sanitation District will be held at the above location, date and aanye time. Placentae San.Ana sgal BPAch Stanton Tusun Ville Park YorOa Linda - Cluny of Orange SseRery OhtHm Cos. W . Midway on, Water Oht'icts Innne Ranch To mamtam world-class IeadershlP in wastewater and water resource management STEERING COMMITTEE AND BOARD MEETING DATES FOR THE NEXT TWELVE MONTHS Wednesday, October 23, 2002 - Wednesday, November 20, 2002' Wednesday, December 18, 2002' Wednesday, January 22, 2003 Wednesday, February 26, 2003 Wednesday, March 26, 2003 Wednesday, April 23, 2003 Wednesday, May 28, 2003 Wednesday, June 25, 2003 Wednesday, July 16, 2003' Wednesday, August 27, 2003 Wednesday, September 24, 2003 Wednesday, October 22, 2003 Wednesday, November 19, 2003' Wednesday, December 17, 2003" "Tentatively rescheduled from regular fourth Wednesday. STEERING COMMITTEE (1) . Roll Call: Meeting Date: October 23, 2002 Meeting Time: 5 p.m. _ Meeting Adjourned: Committee Members Shirley McCracken, Board Chair Steve Anderson, Board Vice Chair _ Russell Patterson, Chair, PDC Committee Pat McGuigan, Chair, OMTS Committee Brian Brady, Chair, FAHR Committee Jim Silva, Supervisor Norm Eckenrods, Past Board Chair Others Thomas L. Woodruff, General Counsel Don Hughes Staff Present BlakeP. Anderson, General Manager............................... Bob Ghirelli, Director of Technical Services....................... David Ludwin, Director of Engineering .............................. Patrick Miles, Director of Information Technology.............. Robert Ooten, Director of Operations & Maintenance....... Gary Streed, Director of Finance....................................... Lisa Tomko, Director of Human Resources....................... Greg Mathews, Assistant to the General Manager............_ Sonja Wassgren, Acting Communications Manager.......... Jean Tappan, Secretary.................................................... c: Lenora Crane AGENDA REGULAR MEETING OF THE STEERING COMMITTEE ORANGE COUNTY SANITATION DISTRICT WEDNESDAY, OCTOBER 23, 2002 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. All current agendas and meeting minutes are also available via OCSD's Internet site located at www.ocsd.com. Upon entering OCSD's web site, please navigate to the Board of Directors section. (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 three 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). Book Page 1 -2- October 23, 2002 Agenda (4) APPROVE MINUTES OF PREVIOUS MEETING Approve draft minutes of the September 25, 2002 Steering Committee meeting. (5) REPORT OF COMMITTEE CHAIR (6) REPORT OF GENERAL MANAGER A. Orange County Infrastructure Report Card (Anderson) B. GW RS Agreement and Amended Budget (Anderson) (7) REPORT OF GENERAL COUNSEL (8) DISCUSSION ITEMS (Items A-E) A. Advocacy and grant-seeking activities in Washington, DC (Ghirelli) B. Status of Ocean Permit Application and Negotiation Process (Ghirelli) C. Proposed Principles of Agreement between SAW PA and OCSD (Anderson) D. Review Agenda Items scheduled to be presented to Committees in November (Information item only) E. Review and consideration of Agenda Items for Board of Directors Meeting of October 23, 2002 (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 20, 2002. The next Board Meeting is scheduled for 7 p.m.,Wednesday, November 20, 2002. Book Page 2 -3- October 23, 2002 Agenda (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. 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 1. Confer with General Counsel re existing matter of litigation, Orange County Sanitation District, et al.v. County of Kent, et al.,Tulare County Superior Court Case No. 189564(Government Code Section 54956.9). B. Reconvene in regular session C. Consideration of action, if any,on matters considered in closed session. (14) ADJOURNMENT jt G:\WP.eTANGEV7AV EAIAG CCMd(REeOZ9CTl W1 AGENGAML 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: Shirley McCracken (714)765-5247(Anaheim City Hall) Committee Staff Contact: Blake P.Anderson (714)593-7110 General Counsel: Thomas L.Woodruff (714)564-2605 Secretary- Jean Tappan (714)593-7101 (714)962-0356 (Fax) E-mail: jtappan®ocsd.com Book Page 3 DRAFT MINUTES OF STEERING COMMITTEE MEETING Wednesday, September 25, 2002 A meeting of the Steering Committee of the Orange County Sanitation District was - held on Wednesday, September 25, 2002 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: STAFF PRESENT: Directors Present: Blake Anderson, General Manager Shirley McCracken, Chair Bob Ghirelli, Director of Technical Services Steve Anderson, Vice Chair David Ludwin, Director of Engineering Pat McGuigan, Chairman, OMTS Committee Bob Ooten, Director of Operations and Russell Patterson, Chairman, PDC Committee Maintenance Brian Brady, Chairman, FAHR Committee Lisa Murphy, Communications Manager Norm Eckenrode, Past Board Chair Jim Colston, Senior Regulatory Specialist Jean Tappan, Committee Secretary Directors Absent: Jim Silva, County Supervisor OTHERS PRESENT: Thomas L. Woodruff, General Counsel Julio Lara, RWQCB Don Hughes, Supervisor Silva's Office Gary Stewart, RWQCB Gerard Thibeault, RWQCB Kris Lindstrom, Consultant Brad O'Brien, US Dept. of Justice Randy Fuhrman Robert Moyer,US EPA, Region 9 Doug Korthof THomas Huetteman,US EPA, Region 9 Joey Racano Janet Hashimoto, US EPA, Region 9 Jan Vandersloot Jerry Klug, US EPA, Region 9 (2) APPOINTMENT OF CHAIR PRO TEM No appointment was necessary. (3) PUBLIC COMMENTS Randy Fuhrman commented that the he thought the information presented in last month's Steering Committee's closed session should have been public information. He also mentioned that the Committee should consider a direct contract with John Freshman (Item 8.B.) rather than paying mark-up to ENS Resources for a subcontractor. Book Page 4 Minutes of the Steering Committee _ Page 2 September 25,2002 (4) RECEIVE. FILE AND APPROVE MINUTES OF PREVIOUS MEETING The minutes of the August 28, 2002 Steering Committee meeting were approved as corrected. (5) REPORT OF THE COMMITTEE CHAIR Committee Chair Shirley McCracken reported that Steve Anderson has volunteered to be the District representative on the Orange County Council of Governments. An alternate is still needed for this position in the event Director Anderson cannot attend a meeting. Chair McCracken also reported on the Joint Management Committee meeting yesterday. ESA has been selected to do the federal EIS and CA EIR report on the relocation project. This report is expected to be completed in December 2003. An update on the eight alternatives was provided. General Manager Blake Anderson also reported on progress of the SARI relocation project. The Corps of Engineers has established August 2003 as the drop dead date for changes to its project in the river. There is consideration being given to incorporating the proposed SARI project into the Corps' project. This will be discussed at the next PDC Committee meeting. Who would pay for the project has not yet been determined, though the Corps has previously indicated that it would pay the equivalent of the least costly alternative. Mr. Anderson reported that he is working with the general manager of SAW PA on the$3 million in past due invoices for engineering work, as well as the potential transfer of ownership of the SARI line north of SAVI Ranch. (6) REPORT OF THE GENERAL MANAGER A two-day workshop on asset management was held Monday and Tuesday. This tool will be used to integrate everything we do. A gap analysis was performed and a game plan is being developed based on the findings in the analysis. Mr. Anderson announced that on October 10 the Orange County Infrastructure Report Card will be unveiled. It is anticipated that this report card will begin a county-wide dialogue on what do we do to correct problems that have been identified pertaining to the condition, operations and capacity of the eight studied assets. Mr. Anderson reported that he will be presenting a 35-year service award to Gary Screed at tonight's Board meeting. He also announced that Ms. Lisa Murphy, Communications Manager, has submitted her resignation effective October 18 to join a private firm in Santa Barbara. (7) REPORT OF GENERAL COUNSEL General Counsel Tom Woodruff reported on a recent Supreme Court ruling that limits invocations at public meetings to non-sectarian references only. He will be preparing an opinion memo for the Directors on this matter. Book Page 5 _ Minutes of the Steering Committee Page 3 September 25, 2002 (8) DISCUSSION ITEMS (Items A-F) A. NPDES Permit Application Issues Information Only Bob Ghirelli, Director of Technical Services, summarized progress to date. Negotiations are underway with the regulators. The regulators are visiting the District today so that. staff can give them an appreciation of all of our efforts and to understand all of our challenges in moving to secondary treatment standards. B. Additional Information re ENS Resources consulting services for Washington representation Mr. Anderson presented additional information on the services to be provided by ENS Resources. This firth has been representing the District's interests in Washington for the last four years. The additional scope will cover services to assure that regulatory fines are not raised as we move forward towards secondary standards by possibly amending the language of the Clean Water Act and to continue to work on securing funding or grants to offset some of our costs for moving to secondary standards. There was a discussion about contracting with John Freshman directly. Mr. Anderson pointed out that there is no subcontractor markup in ENS Resources'proposal, and that by working through ENS Resources we can be assured that the work is a coordinated effort and that there would be only one point of contact. The Steering Committee did not oppose increasing the contract amount with ENS Resources for the additional work. C. Consider support for Proposition 50,the Clean Water and Coastal Protection Bond on the November 5 ballot Mr.Anderson provided an overview of the terms and conditions of Proposition 50, which targets a wide-range of issues of interest to the District. After discussion,the Steering Committee decided not to take a position on this proposition. D. Consider Joint Exercise of Power Agreement(Draft 33)for Groundwater Replenishment System, Job No.J-36 Mr. Anderson reported that Draft 33 was endorsed by the Joint Coordinating Committee on Monday, September 24, and will now go through both agencies' committee and board approval process. There are a couple of changes that are being made because of the time it has taken to finalize the agreement so Draft 35 will be the document presented for final approval. Cost estimates and completion schedules are also be updated.The design is at about 60%and the current project cost estimate is$427 million, some of which will be offset by grants. Time for project completion is scheduled for fall 2007. Director Patterson indicated that the Board needs to have the answers to the questions he posed in his letter to the JCC, including why the 21 percent cost increase. It is his opinion that the Directors are not receiving enough information and has asked that the weekly reports be expanded to more fully explain what is happening. Mr. Anderson reported that he is having regular meetings with Paul Brown (CDM)and Virginia Grebbien, OCW D general manager, to answer the questions raised by Director Patterson. Book Page 6 Minutes of the Steering Committee - Page 4 September 25, 2002 E. The Agenda Items scheduled to be reviewed by the Board's working committees in October were reviewed. Director McGuigan reported that she would not be attending the next OMTS Committee meeting. F. There were no questions on the agenda items scheduled to be presented to the Board at tonight's 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 There were none. (11) MATTERS WHICH A DIRECTOR MAY WISH TO PLACE ON A FUTURE AGENDA FOR ACTION AND/OR STAFF REPORT There were none. (12) CONSIDERATION OF UPCOMING MEETINGS The next Steering Committee meeting is scheduled for Wednesday, October 23, 2002 at 5 p.m. The next Board Meeting is scheduled for Wednesday, October 23,2002 at 7 p.m. (13) CLOSED SESSION The Committee convened at 6:05 p.m. in Closed Session, pursuant to Government Code Sections 54957.6 and 54956.9(b)(1), to discuss labor negotiations and potential litigation relating to the District's discharge pursuant to its NPDES Permit. Confidential Minutes of the Closed Session are on file with the Board Secretary. Confidential Minutes of the Closed Session held by the Steering Committee have been prepared in accordance with Government Code Section 54957.2, and are maintained by the Board Secretary in the Official Book of Confidential Minutes of Board and Committee Closed Meetings. A report of the recommended actions will be publicly reported at the time the approved actions become final. At 6:57 p.m.,the Committee reconvened in regular session. Book Page 7 . Minutes of the Steering Committee _ Page 5 September 25, 2002 (14) ADJOURNMENT The Chair declared the meeting adjourned at 6:57 p.m. Submitted by: Tappan Bring Committee Secretary awaeurymwwn,rp cmman.misaownsozscruWwcmc Book Page 8 STEERING COMMITTEE Meeting Date To ea.Dr ob. io-z3-gr AGENDA REPORT Item Number Item Number Orange County Sanitation District FROM: Robert P. Ghirelli, Director of Technical Services Originator: James Colston, Senior Regulatory Specialist SUBJECT: Status of NPDES Permit Renewal and Negotiation Process GENERAL MANAGER'S RECOMMENDATION N/A SUMMARY • On August 28, 2002, staff provided the Steering Committee with an explanation of the options potentially available to the District as it pursues renewal of the ocean discharge permit (NPDES permit). Since that time, staff met with representatives of the United States Environmental Protection Agency and the California Regional Water Quality Control Board to discuss these options. • On September 25, 2002, staff conducted a meeting and tour with these regulators to explain the District's Capital Improvement Program and the schedule for construction of new facilities, including secondary treatment at the District. • Since that time, staff has worked to complete the NPDES permit renewal application, and the draft application will be provided to the full Board at the October 23, 2002 meeting. • On September 28, 2002, the Governor signed Assembly Bill 1969, which would allow the District to avoid minimum mandatory penalties for up to 10 years. • Congressional Representatives Cox, Sanchez and Rohrabacher have inserted House of Representatives report language that supports OCSD's move to secondary treatment while avoiding litigation and penalties. The language is incorporated in the attached delegation letter dated October 8, 2002. PROJECT/CONTRACT COST SUMMARY N/A BUDGETIMPACT ❑ This item has been budgeted. (Line item: I ❑ This item has been budgeted, but there are insufficient funds. Book Page 9 0.W Ala14W10VAM110UGENM DMFTa110.2342 SWW5 d NPDES Plydl aer l"Ng 110m R=en.dx R.wWa 10 2ap Page 1 ❑ This item has not been budgeted. _ ® Not applicable (information item) - ADDITIONAL INFORMATION N/A ALTERNATIVES N/A CEQA FINDINGS N/A ATTACHMENTS Delegation letter dated October 8, 2002. Book Page 10 G.h dWU%10ft s laUGENM DR4Ff&I6M2 SM4 d NPDEG Pt ml flmw.y ak Ne cbaum Preens do a.a.: Page 2 Oct 09 2002 8: 57AM ' W-01-02 01:42M From-Conanrtoaom Loretta Sm Int 202.226i059 T-1T! 7.006/001 F-732 91'onarezo of the Ewa Oti>tez '110a5bh19t0n,MC 20515 October 8,2002 The Honorable Bill Young Chairman Committee on Appropriations H218 Capitol Building Washington,DC 20515 Dear Chairman Young: We respectfully request that you include report language in the FY '03 VA-HUD Appropriations bill to facilitate the Orange County Sanitation District's(OCSD)efforts to improve the ocean environment in Southern California. The OCSD provides wastewater treatment services to more than 2.5 million of our constituents. On July 19,2002,the District's Board of Directors voted to move the OCSD to secondary tramnem ompliance. This vote included a decision not io renew the District's current Clean Water Act NPDL•S permit that includes a 301(h)waiver permitting the discharge of treated wastewaters at less than the secondary treatment standard. This action was unprecedented and this bold decision will load the way to ensure that coastal warm;receive the highest level of ptotecrion throughout California. Unfortunately,the Clem Water Act never envisioned that a Publicly Owned Treatment Works permilted with a 301(h)waiver would decline to pursue an extended waiver and instead adopt a decision to meet the full secondary treatment standard threshold. As a result,the OCSD finds themselves in the bureaucratic Catch-22 situation of being in noncompliance with the Clean Water Act when the existing 301(h)permit expires in June 2003. in order to avoid the District's "Good Samaritan"effort triggering lawsuits for noncompliance with the Clean Water Act when its existing permit expires, the District is working with the EPA. State officials, and the resional environmental community to develop an acceptable permit and compliance schedule. The State of California has enacted a specific amendment to its clean water law to ensure that the District can proceed at the state level without the threat or frivolous litigation or administrative penalties attributable to the unusual situation of not renewing its current permit waiver. We have enclosed specific language that will ensure the timely upgrade of the District's treatment rapacity and protect the interests of our community. The language complements the state action and is consistent with the District's ongoing discussions with the U.S.EPA regarding the renewal of its NPDES permit to achieve the secondary treatment standard. It emphasizes the importance of providing the District with the opportunity to work with the EPA on a compliance schedule that would allow for the orderly planning,design,and construction of facilities to meet this standard. The proposed language only seeks to endorse the approach that the District is pursuing. Upon agreement with the EPA, the District would be able to implement a plea of action without the threat of litigation for noncompliance when its current permit expires. .nw,ruu.,,nam..ne Book Page 11 Oct 05 2002 8: 57RM Ott-Ot03 01:42m FrwKonaravvw n WWI Smcbr 201-iZS-5156 7-316 P 006/007 F-133 I The need for report language is critical to the orderly implementation of a plan to improve- " our coastal waters and the economic health of our co mnunitles. If you or your staff have any questions,please don't hesitate to contact us or Kristen Cummings with Representative Sanchez, Muhammad Hutasuhul with Representative Cox,or Aaron Lewis with Representative Rohrabacher. I JJ/�^1 Sincerely, Lorca Sanchez,M.C. Christopher Cox, .C- Dana Rohrabacher,M.C. Hook Page 12 .. ua <vuc er:arnn p.6 VOat-0B-1! ol:afpa Froe-0011"assonsn Loselh Sanchez 202-225-6451 T-376 P.007/001 F-732 REPORT LANGUAGE FOR ORANGL•'COUNTY SANr3'AIION.DISTRICT The Commoner is aware of the mcem decision by du Board of Directors of the OmSc Cooney Seamulion District(OCSD)in Orange Counry,California to move as expcdidamly av practicable in Poll secondary vesvncat and to withdraw 6mn the Clean Water tics See.3WOO waiver program. 7Ae Comminee is also aware Am the Clean Water Act has ma pmvisiva for snh ao c.emwliry. Tlxrefose,th<Conotuiaee strongly olge3 The Emirumnemal Protection Agency(EPA)and the State of California an work with OCSD to protect OCSD from lawstim and adadnisomdve penohies while it vwsuu the difficuh challenge of achieving the secondary mom¢nt slandord trades the lerms and conthtiind of the Clean Water Act and*4 ci mpliaxe schaduie in the applicable NPDES permit imed by EPA and doe State. Book Page 13 STEERING COMMITTEE Meetlng Date To Bd.or Dlr. 10.23.02 AGENDA REPORT Item Number Item Number s.c Orange County Sanitation District FROM: Blake Anderson, General Manager SUBJECT: Proposed Principles of Agreement between OCSD and SAWPA for the Purchase of the Reach of the Santa Ana River Interceptor between Savi Ranch and the Orange County Line by SAWPA GENERAL MANAGER'S RECOMMENDATION: Provide direction to General Manager about whether to proceed with developing principles of agreement between the Sanitation District and the Santa Ana Watershed Project Authority for the purchase of the Santa Ana River Interceptor between Savi Ranch and the Orange County Line and to reconcile certain payment disputes now present between the two parties. SUMMARY The attached draft Principles of Agreement is the result of three informal meetings between the General Manager of SAWPA, Joe Grindstaff, and the General Manager of the Sanitation District, Blake Anderson. The purpose of the principles is to set down in writing the major issues that would have to be addressed to accomplish the following objectives: 1. To reconcile the existing dispute between the two parties over the payment of approximately $3 million of invoices sent to SAWPA by the Sanitation District for SAWPA payment share for certain consultant and contractor fees associated with the planning and design of improvements to the Santa Ana River Interceptor and for certain contractor fees associated with the construction of certain temporary improvements to the Santa Ana River Interceptor. 2. To develop deal points for the purchase of the Santa Ana River Interceptor between Savi Ranch and the Orange County line by SAWPA. 3. To develop deal points for reimbursement to the Sanitation District by SAWPA for anticipated for extraordinary capital costs associated with the transfer of the subject reach of the SARI to SAWPA. 4. To reduce the overall vulnerability of both parties to operational failures of the SARI line and to establish clear operational, maintenance, and financial responsibilities of each party. 5. To agree in principle to a long-term cooperation between the two parties for the betterment of water quality in the Santa Ana River watershed. 6. To develop a dispute resolution procedure. Book Page 14 G\wp.CeLgentlalSleerng Comnaee`0M 10230 SAWPMCGSD Agreerem re Upper SARI P rpharo AR Utt R..,aan: W10ry0 Page 1 PROJECT/CONTRACT COST SUMMARY No analysis available at this time. 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 CEOA FINDINGS ATTACHMENTS Book Page 15 G%xp a%Wdal4 ng ecm,len`M.GcgMW2 S WPA CSD•g,aanan,n Ug SM1 Num M.Ooc R-1. W'.. Page 2 DRAFT Principles of Agreement October 11,2002 At 1:30 PM on Thursday,July 11,2002,Mr.Blake Anderson,General Manager of the Orange County Sanitation District(OCSD);Mr.Joe Grindstaff, General Manager of the Santa Ana Watershed Project Authority(SAWPA);and Mr.Paul Brown,consultant with Camp Dresser&McKee Inc. (CDM)met at SAWPA Headquarters in Riverside,CA,to continue discussions regarding issues related to the Santa Ana Regional Interceptor (SARI Line). Mr. Anderson and Mr.Grindstaff agreed to the following principles: 1. Payment of outstanding invoices from OCSD to SAWPA. SAWPA to reimburse OCSD for outstanding invoices related to the SARI Line protection and relocation project.Reimbursement will be provided in two payments of 60% and 40%respectively. The first installment(60%)to be paid upon finalization of these principles of agreement, and the remaining balance(40%)paid upon completion of a mutually acceptable list of milestone deliverables associated with implementation of the principles.The target date for completing deliverables and fully reimbursing OCSD is December 2002,prior to the final Joint Management Committee(JMC)decision regarding SARI line protection and relocation measures expected in January 2003. SAWPA agrees to reimburse OCSD for future invoices for work and expenses conducted in accordance with agreements between SAWPA and OCSD in no more than 45 days. 2. Acquisition of the SARI Line by SAWPA. Upon payment of invoices,OCSD and SAWPA to proceed with the transfer of ownership of SARI Line facilities and property upstream of the SAVI Ranch River Crossing from OCSD to SAWPA. OCSD to be fully reimbursed for costs over and above those they would otherwise bear associated with the relocation of OCSD's two Yorba Linda domestic wastewater connections to the SARI Line. Reimbursement to OCSD for these costs will be no less than$$and shall not exceed$$. Effective upon the transfer of ownership and operations of above referenced SARI Line Facilities from OCSD to SAWPA,SAWPA to assume all liabilities associated with the operation,maintenance,and relocation of the SARI Line upstream of SAVI Ranch. 3. Segregation of brine wastes. SAWPA and OCSD to work towards preserving and utilizing the capacity of the SARI Line as a primary means of segregating and transmitting brine waste from the Upper Santa Ana River Basin(Upper Basin)to OCSD Plant#2 for treatment and discharge.Towards this end SAWPA to begin the reduction of domestic wastewater discharges to the SARI line within the next year. 4. Purchase of additional treatment and disposal rights. OCSD and SAWPA to quantify SAWPA's current treatment and disposal rights to discharge to OCSD. Unit rates for the purchase of future treatment and disposal rights to be based on OCSD's costs of service for flow,discharge of biochemical oxygen demand(BOD)in pounds,and discharge of suspended solids in pounds,in a manner similar to the unit charge rates established for OCSD Class I Users. Book Page 16 1 5. Extending the term of the 1972 and the 1996 Agreements. SAWPA and OCSD to explore options for effectively extending the 50-year term of the 1972 and 1996 - Agreements. The objective of this principle is to provide Upper Basin agencies with reliable on-going access to essential facilities and services, as well as to assure both SAWPA and OCSD that capital investments in future facilities made by OCSD on SAWPA's behalf are: (1)available for use by SAWPA, and (2)paid for by SAWPA in accordance with the agreement. 6. Operations and Asset Management Agreement. To reduce the overall vulnerability of both agencies to operational and structural failures, SAWPA and OCSD to develop a comprehensive long-term operating agreement that fully defines their respective roles and responsibilities for on-going SARI Line operations, maintenance,repair,and replacement,including detailed contingency plans for managing risks. The agreement shall address both short duration and long-term risks and uncertainties facing both OCSD and SAWPA. For example,OCSD may need to close the control gate at SA VI Ranch as described below, and SAWPA may need to construct alternative wastewater facilities and sellback its capacity in OCSD's system. SAWPA acknowledges that OCSD owns and operates a shutoff valve on the SARI Line at the easterly side of SAW Ranch. Under certain extreme and emergency circumstances or conditions restricted to the failure or imminent failure of the SARI Line upstream of this valve or when extreme flows are experienced in the SARI Line because of river flows entering the line, and if no other alternative exists,OCSD may close the valve to protect its downstream assets. OCSD shall notify SAWPA and appropriate regulatory authorities according to a mutually acceptable notification schedule that provides at least 72 hours advance notice for valve closures resulting from predicted failures, several hours notice for closures resulting from imminent failures, and as much notice as is feasible in response to an identified break in the line. 7. Governance and Mutual Assurances. SAWPA and OCSD to recommend continuation of the JMC to provide on-going oversight and governance of joint facilities. Further, OCSD and SAWPA to develop mutual annual reporting requirements that provide for. (1)a full disclosure of pertinent financial and operations information, and(2) reasonable access to any additional information needed for an evaluation of the each agency's performance of responsibilities defined in the operations and asset management plan. 8. Long-Term Collaborative Relationship. Recognizing their high level of regional interdependence and joint stewardship responsibilities,SAWPA and OCSD to foster an improved long-term collaborative working relationship to protect the interests and health of the entire Santa Ana River watershed and its environment. 9. Dispute Resolution. SAWPA and OCSD to develop a mutually acceptable dispute resolution provision for inclusion in future agreements that defines the process for achieving timely resolution of future conflicts and disputes. This provision shall specifically address the rights and responsibilities of the parties regarding disputed Book Page 17 2 invoices, including agreed upon payment requirements that account for the time value of money. Book Page 18 3 STEERING COMMITTEE Meeting Date To ad.or Dlr. 10/23/02 AGENDA REPORT Item Number Item Number tP. um Orange County Sanitation District 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 agenda items tentatively 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 Board 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 November: OMTS Committee: 1. Consider Manhole Coating Services contract 2. Report on Final Phase Huntington Beach If Studies 3. Consider contract for Microfiltration Demonstration Project Report, Phase 1 4. Consider Ferric Chloride contract 5. Consider amendment to Biosolids Management contract PDC Committee: 1. Ratify Change Order No. 1 and Approve Closeout Agreement and Notice of Completion for Job No. J-71-7, Scrubber Monitor and Control at Plant 2 2. Ratify Change Order No. 2 to SP2000-59, Purchasing Conference Room at Plant 1 3. Establish budget for Contract 2-63, SR-22 Widening Sewer Relocation/Protection 4. Approve budget increase for construction contract for Job No. P-176, Tickling Filter Rehabilitation and New Clarifiers 5. Ratify Change Order No. 2 and Approve Closeout Agreement and Notice of Completion for Contract 3-25, Orange-Western Subtrunk Relief Sewer 6. Approve PSA for Job No. J-79, Central Generation Automation 7. Approve Addendum No. 4 to PSA for Job No. J-35-2, Area Classification Implementation Plan 8. Approve Addendum No. 3 to PSA for Job No. J-77, Effluent Pump Station Annex 9. Receive and file Final Project Report on Job No. J-4"B Page 19 Interim Strategic Plan Update 10. Approve Addendum 3 to PSA for Job No. J-84, Space Allocation and Interior Renovation FAHR Committee: 1. Update on 2002-03 Financial Plan 2. Consider Capital Facilities Capacity Charge Calculation Options 3. Quarterly Investment Management Program Report 4. Comprehensive Annual Financial Report 5. Meet and Confer Status Reports 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 it Bmk Page 20 c 1� uy a M0 W Wvv.Yx nwn.e. erzase Page 2 STEERING COMMITTEE AGENDA Meeb�91:r To ea am, _ REPORT 1OIL Orange County Sanitabon District Xftem NE tram N �` FROM: Blake P. Anderson, General Manager Originator: Jean Tappan, Committee Secretary SUBJECT: October Agenda Items for Consideration by the Board GENERAL MANAGER'S RECOMMENDATION Review with staff the agenda items tentatively scheduled for consideration by the Board at its October 23, 2002 meeting. SUMMARY Staff routinely prepares for the Steering Committee a list of items scheduled for presentation to the Working Committees and the Board 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 Board in October: 1. Consent Item 9.a. Approve Change Order 1 to purchase order for reprographic services 2. Steering Committee actions 11.e. Receive and file draft Urban Runoff Ad Hoc Committee Minutes of September 26, 2002 3. Actions from OMTS Committee 12.c. Approve budget amendment for Phase II Biotrickling Filter Demonstration Project; and approve Amendment 1 to Study Agreement with University of California Riverside to provide continued support for testing the filters 4. Actions from PDC Committee 13.c. Ratify General Managers Emergency Purchasing Authority for construction of sewer line within Prospect Avenue, Tustin 13.d. Approve Amendment 1 to Construction Agreement for Standby Power and Reliability Improvements at Plant 2 re indemnification of the contractor for specific work elements 13.e. Approve budget amendment and plans and specs for Short-term Ocean Ouffall Bacteria Reduction Project, Job No. J-87, and authorize General Manager to award a construction contract 131 Approve Addendum No. 5 to PSA for Bushard Trunk Sewer Rehabilitation, Job No. 1-2-4 13.g. Approve PSA for preparation of Santa Ana River Interceptor Environmental Impact Report/Environmental Impact Statement, Contract No. 2-41 13.h. Receive and file Comprehensive Odor Control Program Evaluation and Improvement Report (aka Odor Control Master Plan) Book Page 21 5. Actions from FAHR Committee 14.c. Receive and file Treasurer's Report for the month of September 2002 14.d. Approve revised SAFETY-POL 101 and 202 re District's Injury and Illness Prevention Program policy 14.e. Adopt Resolution OCSD 02-19 amending Human Resources and Policies Procedures Manual 141 Adopt Resolution OCSD 02-20, re reimbursing certain Capital Reserve Funds 14.g. Establish a budget for Community Outreach and Public Involvement Ascertainment and authorize the General Manager to solicit bids and award consultant services contract 6. Actions from GWRS Cooperative Committee 15.c. Approve a budget amendment and approve Joint Exercise of Power Agreement for the GWRS and Green Acres Project 15.d. Authorize award of a construction contract for Southeast Barrier Pipeline Project 15.e. Approve Emerson/Westinghouse as supplier for process control system and approve pre-selection agreement for engineering services and a pricing structure for PCS equipment, and approve a task order providing for engineering services for the PCS design and standards development 7. Other items: 16. Review draft Ocean Discharge Permit Application (information only) 17. Closed session items: a. Existing litigation re Kern County b. Classification and Compensation Study C. Salaries, benefits, terms and conditions of employment for At-will Contracts with Executive Management Team 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. IR Not applicable (information item) ADDITIONAL INFORMATION NA ALTERNATIVES Book Page 22 o:"ftvgwdae i no Le a Mn iw on eo.w,.eoc " ..d: e m Page 2 NA CEQA FINDINGS Not a project. ATTACHMENTS NA jt Book Page 23 caymma«�aewa«�a�n«wrorn�cewx us of aas moon eo.m...a« Ra�«a. aaa9a Page 3 Orange County Sanitation District (714) 962-2411 www.ocsd .com mailing address: P.O. Box 8127 Fountain Valley, California 92728-8127 street address: 10844 Ellis Avenue Fountain Valley, California 92708-7018 published ch recycled paper