Loading...
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