HomeMy WebLinkAbout2002-11-07 DRAFT
MINUTES OF SPECIAL STEERING COMMITTEE MEETING
Thursday, November 7, 2002
A special meeting of the Steering Committee of the Orange County Sanitation District
was held on Thursday, November 7, 2002 at 3 p.m., In the Districts Administrative
Office.
(1) The roll was called and a quorum declared present, as follows:
STEERING COMMITTEE MEMBERS: OTHERS PRESENT:
Directors Present: Thomas Nixon, General Counsel
Shirley McCracken, Chair Eric Sapirstein
Steve Anderson, Vice Chair John Freshman
Pat McGuigan, Chairman, OMTS Committee Larry Porter
Russell Patterson, Chairman, PDC Committee Randy Fuhrman
Brian Brady, Chairman, FAHR Committee Eileen Murphy
Norm Eckenrode, Past Board Chair Mike Moore
Chandra Johannesson
Directors Absent: Laura Ann Davick
Jim Silva, County Supervisor
STAFF PRESENT:
Slake Anderson, General Manager
Bob Ghirelli, Director of Technical Services
Gary Streed, Director of Finance
Sonja Wassgren, Communications Analyst
Jean Tappan, Committee Secretary
"I "
N THr ^^^rr rvE SECRETARY
(2) APPOINTMENT OF CHAIR PRO TEM ORAN',, - .. """TION DISTRICT
NOV 20 2002
No appointment was necessary. Q/
(3) PUBLIC COMMENTS
Larry Porter and Eileen Murphy both asked the Committee members to continue towards full
secondary treatment.
(4) REPORT OF THE COMMITTEE CHAIR
Committee Chair Shirley McCracken did not make a report.
Minutes of the Special Steering Committee
Page 2
November 7, 2002
(5) REPORT OF THE GENERAL MANAGER
General Manager Blake Anderson did not make a report
(6) REPORT OF GENERAL COUNSEL
Counsel Tom Nixon did not make a report.
(7) DISCUSSION ITEMS (Items A-D)
Before beginning discussion on the listed items, Blake Anderson said that staff would be presenting a
review of activities here in California as well as Washington, DC since the July 17 decision to move to
secondary treatment standards, what possibilities there are for federal funding of some of the efforts
and how the context of the federal Clean Water Act and prior federal grant funding for wastewater
treatment upgrades can be instructive on how best to proceed. He introduced Eric Sapirstein and
John Freshman, our lobbyists in Washington, DC, who then gave brief biographical statements.
Bob Ghirelli, Director of Technical Services, gave a brief overview of staff activities since July 17.
The Engineering Department is reviewing all of the planned CIP projects and anticipated projects
required to meet the new 30/30level of treatment and will be presenting a final report to the Directors
in March. The disinfection program is up and running. For the past month the regulatory goals have
been met as well as our stated goal of meeting AB411 standards at the end of the ouffall. At the
same time Operations is ramping up the level of secondary. The draft NPDES permit application was
presented to the Directors for comment and the final application will be presented to the Board at its
November 20 meeting before submitting to EPA the first part of December.
Staff continues to meet with the regulators on the terms and conditions of the permit. The agreement
should be finalized in May or June, after the CIP planning program is completed. AB1969 was
passed that changed the law to allow a 10-year schedule for construction of the necessary facilities
without penalty as long as we adhere to the schedule. Staff is working on obtaining the same
assurances from EPA. Mr. Ghirelli also mentioned that a key component will be to seek grant funds
from EPA. Messrs. Sapirstein and Freshman will be assisting the District in this effort. They met with
several departments today to get an overview of the ongoing initiatives.
A. Washington Update
Mr. Sapirstein reported that with the help of three members of the Orange County delegation
(Cox, Rohrbacher and Sanchez) report language has been included in the EPA spending bill
endorsing the course of action the District is taking and informing EPA that they should work
with the District to avoid penalties as we move voluntarily towards meeting secondary
treatment standards. Mr. Sapirstein said that the Clean Water Act never anticipated an
agency moving away from a waiver voluntarily.
B. Authorization and Funding Options for Secondary Treatment
Mr. Freshman first addressed the concern expressed by members of the environmental
community that our efforts might be directed towards amending the Clean Water Act(CWA)
and somehow undercut it. Mr. Freshman made it very clear that the direction he has received
from the Sanitation District is to not amend the CWA at this time. That is because of the
positive assurances that we have received from EPA that punitive fines are not what they
have in mind for the Sanitation District. EPA staff and counsel have acknowledged that the
Minutes of the Special Steering Committee
Page 3
November 7, 2002
Sanitation District's move to secondary is voluntary and for this reason EAP intends to give
the Sanitation District every consideration for a reasonable compliance schedule.
Nevertheless, he stated that under the unlikely situation that negotiations for an administrative
order or consent decree accompanying our secondary treatment permit go horribly against he
interests of the citizens of Orange County, then under that condition and that condition alone
we would seriously contemplate seeking a very narrow amendment of the CWA to
accommodate our need for protection against enforcement fines as we transition to
secondary treatment standards.
He gave a brief history of the Clean Water Act, which in the beginning provided grants and
then moved to a loan program. In the early years of the Clean Water Grant Program,the
federal government provided 75%grants amounting to$3-to$5 billion per year. In
California, the state provided a 12 %%grant, which implied that the local authority contributed
only 12 %%to the cost of these facilities. In the 1980s, the Grant Program was scrapped in
favor of a loan program. The Sanitation District did not avail itself of this program because of
the red tape and because we could secure loans in the market that were comparable to what
was available through the state revolving loan program. Around the rest of the country this
was also true. There wasn't a lot of interest in the federal financing program since the change
because agencies have been able to find lower cost funding. In the 90s, a Coastal Cities
program was created to make grants to agencies that embarked on large programs. For
example, Los Angeles City and Los Angeles County Sanitation District received sizable
federal grants to upgrade their facilities to full secondary treatment under this program.
Today, the Sanitation District is one of the largest"stragglers"for federal funding. There an
equity argument that we can pursue. Basically, it's now Orange County's turn to receive what
most large agencies in the country have received in the last 30 years of federal clean water
grants.
C. Legislative Strategy for Pursuing Federal Funding
The States and Territorial Assistance Grants program is now in effect that helps agencies that
have a significant capital need. These grants live in the VA HUD-Independent Agencies
appropriation bill that Congress passes every year as part of the normal budgeting process..
Mr. Freshman mentioned that the District should begin with an incremental process building
on prior grants as a long-term strategy. By demonstrating our involvement in regional
water/wastewater/watershed management projects, we could make the persuasive argument
for an ecosystem restoration program. As our representatives they would help develop a five-
year plan that will require packaging a comprehensive water and infrastructure picture to
present to EPA.
Blake Anderson mentioned that the cost for these consulting services, staff and board
member trips and other expenses for a well-coordinated campaign to receive federal funding
is estimated at$200,000 per year. Assuming up to five years to achieve significant federal
funding, this implies$1 million of out-of-pocket expenses over and above staff time to
participate in the effort. The projects that we hope to get on the list could be over$50 million.
Or not. The question before the Steering Committee is: Are we willing to commit up to$1
million, spent incrementally over the next several years,with the hope but not the assurance
of receiving federal funding support for our CIP?
Minutes of the Special Steering Committee
Page 4
November 7,2002
D. Next Steos
Mr. Sapirstein indicated that it is likely that we can get grant funding. The first step is to get
included on the list of eligible projects. This will require active participation by the directors
and staff in Washington with our delegation. He and Mr. Freshman will be setting up
meetings. They will put together briefing materials and develop a target list of administrators
and representatives.
An advisory motion was moved, seconded and approved to request staff to move forward with the
consultants in developing a short-term strategy for securing grant funding. An action item will be on
the November Steering Committee and Board meetings agendas. This will include an estimate of
the amount of grant assistance available,and an authorization to establish a budget for this purpose
for Calendar Year 2003 covering Fiscal Years 02-03 and 03-04
(8) OTHER BUSINESS, COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY
There was no other business discussed.
(9) MATTERS WHICH A DIRECTOR WOULD LIKE STAFF TO REPORT ON AT A
SUBSEQUENT MEETING
There were none.
(10) MATTERS WHICH A DIRECTOR MAY WISH TO PLACE ON A FUTURE AGENDA FOR
ACTION AND/OR STAFF REPORT
There were none.
(11) CONSIDERATION OF UPCOMING MEETINGS
The next Steering Committee meeting is scheduled for Wednesday, November 20, 2002 at 5 p.m.
The next Board Meeting is scheduled for Wednesday, November 20, 2002 at 7 p.m.
(12) CLOSED SESSION
There was no closed session.
(13) ADJOURNMENT
The Chair declared the meeting adjourned at 4: 40 p.m.
Sub itted by:
Jq�
Jea ' appan
Ste bring Committee Secretary
Glrq.paepanEa lPoersp CwnmIDealONbN11W02 SpMW MealYp1110114 Spxkl SC MvwNx Ax
STATE OF CALIFORNIA )
) SS.
COUNTY OF ORANGE )
Pursuant to California Government Code Section 54954.2, 1 hereby certify that the Notice
and the Agenda for the Special Steering Committee meeting held on Thursday, November 7, 2002,
was duly posted for public inspection in the main lobby of the District's offices on Thursday, October
31, 2002.
IN WITNESS WHEREOF, I have hereunto set my hand this 7th day of November, 2002.
Penny Kyle, Secretary of the rd of Directors of
Orange County Sanitation DiStfict
Posted: October 31 , 2002,E • �" p.m.
By:
fgnature
wpbcipm�trmmmyostirp.�m
6 ORANGE COUNTY SANITATION DISTRICT
phone:
(714)982-2411
far:
(714)992J 56
wviw.ocetl.vsm
malice address:
P0. Bar B127
ralsimn Valley,oA NOTICE OF A
92728.8127
eemet eaatass: SPECIAL MEETING
10844 Ellis Avenue
Pountain Vell.y.C OF THE
92708-7018
STEERING COMMITTEE
Memher
Aped..
• ORANGE COUNTY SANITATION DISTRICT
cities
Anaheim
Brad THURSDAY, NOVEMBER 7, 2002 - 3 P.M.
Sued.Park
cypress
Pount.in Valley
Fullerton careen larded DISTRICT'S ADMINISTRATIVE OFFICE
Huntington Beach 10844 ELLIS AVENUE
Irvine
Le Habra FOUNTAIN VALLEY, CALIFORNIA 92708
Le Palma
Lae Alamitos
Newpart Beach
Ordngd
Placentia
Sent.And A special meeting of the Steering Committee of the Board of Directors of
Seoul Beach
Smnron Orange County Sanitation District will be held at the above location, date and
Tustin time.
We P.H
Marc.Linea
C...ell of Orange
Sanitary Districts
caste Mess
Mlew.y Clty
Water Districts
Irvine Bench
To malntain world class Ia.0ersNp in wastewater and water resource management.
STEERING COMMITTEE
(1) Roll Call:
Meeting Date: November 7. 2002 Meeting Time: 3 p.m.
Meeting Adjourned:
Committee Members
Shirley McCracken, Board Chair
Steve Anderson, Board Vice Chair
Russell Patterson, Chair, PDC Committee
Pat McGuigan, Chair, OMITS Committee
Brian Brady, Chair, FAHR Committee
Jim Silva, Supervisor
Norm Eckenrode, Past Board Chair
Others
Thomas L.Woodruff, General Counsel
Don Hughes
Eric Saperstein
John Freshman
Staff Present
Blake P. 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& Maintenal.......
Gary Streed, Director of Finance.......................................
Lisa Tomko, Director of Human Resources.......................
Greg Mathews, Assistant to the General Manager............
Sonja Wassgren, Communications....................................
Jim Colston, Senior Regulatory Specialist.........................
JeanTappan, Secretary....................................................
c: Lenora Crane
AGENDA
SPECIAL MEETING OF THE STEERING COMMITTEE
ORANGE COUNTY SANITATION DISTRICT
THURSDAY, NOVEMBER 7, 2002 AT 3 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 andror 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).
(4) REPORT OF COMMITTEE CHAIR
.2- November 7, 2002 Agenda
(5) REPORT OF GENERAL MANAGER
(6) REPORT OF GENERAL COUNSEL
(7) DISCUSSION ITEMS (Items A--D)
A. Washington Update
B. Authorization and funding options for secondary treatment
C. Legislative strategy for pursuing federal funding
a. Short-term (through December'02) and long-term activities
D. Next steps
(8) OTHER BUSINESS, COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY
(9) MATTERS WHICH A DIRECTOR WOULD LIKE STAFF TO REPORT ON AT A
SUBSEQUENT MEETING
(10) MATTERS W HICH A DIRECTOR MAY WISH TO PLACE ON A FUTURE AGENDA
FOR ACTION AND STAFF REPORT
(11) FUTURE MEETING DATES
The next regular 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.
(12) CLOSED SESSION
During the course of conducting the business set forth on this agenda as a regular meeting of
the Steering Committee, the Chair may convene the Committee in closed session to consider
matters of pending real estate negotiations, pending or potential litigation, or personnel matters,
pursuant to Government Code Sections 54956.8, 54956.9, 54957 or 54957.6, as noted.
Reports relating to (a) purchase and sale of real property; (b) matters of pending or potential
litigation; (c) employment actions or negotiations with employee representatives; or which are
exempt from public disclosure under the California Public Records Act, may be reviewed by the
Directors during a permitted closed session and are not available for public inspection. At such
time as final actions are taken by the Board on any of these subjects, the minutes will reflect all
required disclosures of information.
-3- November 7, 2002 Agenda
A. Convene in closed session, if necessary
B. Reconvene in regular session
C. Consideration of action, if any, on matters considered in closed session.
(13) ADJOURNMENT
jt
01WP.DTAU ENDAMEEMW COMMITTEE M0W1O7Q SPECIAL STEEPING COMMMEE MEETING ADENMDOC
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 Hell)
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: pappan®ocsd,wm