HomeMy WebLinkAbout2003-03 DRAFT
MINUTES OF STEERING COMMITTEE MEETING
Wednesday, March 26, 2003
A meeting of the Steering Committee of the Orange County Sanitation District was
held on Wednesday, March 26,2003 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 Nixon, Counsel FILED
Shirley McCracken, Chair Don Hughes IN THE OFFICE OF THE SECRETARY
Steve Anderson, Vice Chair Ryal Wheeler ORANGE M,1- .1----TnnON DISTRICT
Jim Ferryman, Chairman, OMTS Committee Jennifer Cabral APR 2 3 2003
Brian Donahue, Chairman, PDC Committee Randy Fuhrman
Brian Brady, Chairman, FAHR Committee Jan Vandersloot
Jim Silva, County Supervisor Gerhardt Van Dne 'Y
Norm Eckenrode, Past Board Chair
STAFF PRESENT:
Directors Absent: Blake Anderson, General Manager
None Bob Ghirelli, Director of Technical Services
David Ludwin, Director of Engineering
Gary Streed, Director of Finance/Treasurer
Carol Beekman, Communications Services
Manager
Jean Tappan, Committee Secretary
(2) APPOINTMENT OF CHAIR PRO TEM
No appointment was necessary.
(3) PUBLIC COMMENTS
Randy Fuhrman questioned some of the statements made in the report on the septic system
abandonment policy. He mentioned that he accompanied the biosolids audit team during its audit
this past week and said that the auditors were Impressed with the District's operations. He also
asked about a public letter writing campaign in an effort to seek federal funds for the District's
planned secondary treatment facilities.
(4) RECEIVE. FILE AND APPROVE MINUTES OF PREVIOUS MEETING
The minutes of the February 26, 2003 Steering Committee meeting were approved as drafted.
Minutes of the Steering Committee
Page 2
March 26, 2003
(5) REPORT OF THE COMMITTEE CHAIR
Committee Chair Shirley McCracken reported on the progress of the Legislative Advocacy Ad Hoc
Committee that is meeting weekly. The committee is working with staff and consultants on the
biosolids bill (AB 1427),ACA 10 (Hartman), as well as trying to secure federal funding. Chair
McCracken also reported that she extended her stay in Washington, DC to meet with our consultants
and the members and staff of the Orange County delegation to seek support for our program.
Chair McCracken reported that there the Ad Hoc Committee re Urban Runoff will meet on
Wednesday, May 7 at 3 P.M.
(6) REPORT OF THE GENERAL MANAGER
General Manager Blake Anderson reported on the following issues:
A. Proaress towards Achieving 30/30 Secondary Treatment Standards
Our ocean discharge effluent quality continues to be in the mid-30s ppm for suspended solids
and the mid-50s ppm for biochemical oxygen demand.
B. Disinfection Update
Disinfection is continuing and we are achieving state AB411 standards at the end of the
ouffall. While our numbers are low, there are still elevated readings at the beach, particularly
during high tide events when the storm channels are flushed out.
C. State Budget Crisis
There is nothing new to report. Special Districts are not being discussed as part of the
solution to the state budget crisis. Staff will continue to monitor this.
D. Proposed Special Board Meeting on April 16,2003 to discuss the Capital Improvement
Program and the schedule for Achieving Secondary Treatment Standards
David Ludwin reported that the CIP review has been completed. It is estimated that
secondary treatment facilities will be completed by November 2012. The peer review panel
will be preparing an independent report on our schedule, which will be given to the Board. A
special focus meeting on the CIP schedule is scheduled for April 16 to give the Directors an
understanding of how the schedule was developed and what it will mean to the District. The
Committee determined that the April 16 meeting will begin at 6 p.m.
Mr.Anderson stated that when the language of the bills has been finalized, public support will
be sought.
E. Orange County Business Council Dinner April 17
Mr.Anderson said that as members of the OCBC there is a table available for this event. The
Steering Committee and key staff will be invited to get better acquainted with the business
community and seek support for our legislative initiatives.
F. Ocean Environment Issues at the April 23 Board Meeting
Mr. Anderson announced that there will be a lengthy presentation at the April 23 Board
meeting on three issues related to the ocean environment, including a report on the 2001
Huntington Beach Studies, our recent video taping of the ecosystem at the end of the outfall
and an overview of the results of last year's ocean monitoring program.
:.Minutes of the Steering Committee
Page 3
March 26, 2003
G. New Feature at Board Meetings
In an effort to help the Board become more familiar with some of the things that staff is
involved with, there will be a series of presentations at the Board meetings on 'interesting
things that are happening at the District'These will be presented from time to time.
(7) REPORT OF GENERAL COUNSEL
Counsel Tom Nixon did not make a report.
(8) DISCUSSION ITEMS (Items A-D)
A. Status of NPDES Permit Renewal and Negotiation Process
Dr. Robert Ghirelli updated the Steering Committee on staff activities now that the CIP
validation report has been completed and what can be expected in the next few months.
When the schedule is approved by the Directors in April,staff will begin negotiations with the
regulators on the compliance agreement along with General Counsel as lead. There will be
multiple opportunities for public input during the review process. Dr. Ghirelli announced that
on April 14 staff members from the Washington delegation will be at the District for a tour and
a briefing on our program.
Chair McCracken asked when Phase 2 of GW RS would begin and the potential for impacting
our program to reach secondary treatment standards. Mr. Ludwin stated that the earliest we
could provide water for Phase 2 would be in 2012. And if GW RS Phase 3 was constructed, it
would require that water would have to be brought up from Plant 2. It was stated that there is
no commitment to Phase 2 or 3 at this time.
B. Consider recommending a policy for properties that abandon septic tanks and connect to
sanitary sewers within the District that offsets the Capital Facilities Capacity Charge against
the environmental and social benefits to the service area
Gary Streed reported on the proposed policy and sought direction from the Committee on
whether to move forward with the program. The Committee decided to table the issue
because of the many policy and financial issues that need to be more thoroughly evaluated.
C. The Agenda Items scheduled to be reviewed by the Board's working committees in April were
reviewed.
D. The agenda items scheduled to be presented to the Board at tonight's meeting were
reviewed.
(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.
Minutes of the Steering Committee
Page 4
March 26, 2003
(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, April 23, 2003 at 5 p.m.
The next Board Meeting is scheduled for Wednesday, April 23, 2003 at 7 p.m.
(13) CLOSED SESSION
The Committee convened at 6:10 p.m. in Closed Session, pursuant to Government Code
Section 54956.9(c), to discuss one case of anticipated litigation and Section 54957.6 to discuss
the General Manager's performance evaluation. 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 6:55 p.m., the Committee reconvened in regular session.
(14) ADJOURNMENT
The Chair declared the meeting adjourned at 6:55 p.m.
S mitted by:
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To maintain worltl-class leadership in wastewater and water resource management.
STEERING COMMITTEE AND BOARD MEETING DATES
FOR THE NEXT TWELVE MONTHS
Wednesday, March 26, 2003
Wednesday, April 23, 2003
Wednesday, May 28, 2003
Wednesday, June 25, 2003
Wednesday, July 23, 2003
Wednesday, August 27, 2003
Wednesday, September 24, 2003
Wednesday, October 22, 2003
Wednesday, November 19, 2003*
Wednesday, December 17, 2003*
Wednesday, January 28, 2004
Wednesday, February 25, 2004
Wednesday, March 24, 2004
*Tentatively rescheduled from regular fourth Wednesday.
STEERING COMMITTEE
(1) Roll Call:
Meeting Date: March 25, 2003 Meeting Time: 5 p.m.
Meeting Adjourned:
Committee Members
Shirley McCracken, Board Chair
Steve Anderson, Board Vice Chair _
Brian Donahue, Chair, PDC Committee
Jim Ferryman, Chair, OMTS Committee
Brian Brady, Chair, FAHR Committee
Jim Silva, Supervisor
Norm Eckenrode, Past Board Chair
Others
Thomas L.Woodruff, General Counsel
Don Hughes
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 & Maintenance.......
Gary Streed, Director of FinancelPreasurer......................
Lisa Tomko, Director of Human Resources.......................
Greg Mathews, Administrative Services Manager.............
Carol Beekman, Communication Services Manager.........
Jean Tappan, Secretary....................................................
c: Lenora Crane
AGENDA
REGULAR MEETING OF THE STEERING COMMITTEE
ORANGE COUNTY SANITATION DISTRICT
WEDNESDAY, MARCH 26, 2003 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.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this
meeting, please contact the Board Secretary's office at(714)593-7130 at least 48 hours prior to the
meeting to allow the District to make reasonable arrangements to ensure accessibility to this meeting.
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 specifc agenda items or matters of
general interest should do so at this time. As determined bythe Chairman, speakers may be
deferred until the specific item is taken for discussion and remarks may be limited to three
minutes.
Book Page I
-2- March 26, 2003 Agenda
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 February 26, 2003 Steering Committee meeting.
(5) REPORT OF COMMITTEE CHAIR
A. Report on progress of the Legislative Advocacy Ad Hoc Committee
(6) REPORT OF GENERAL MANAGER
A. Progress towards Achieving 30130 Secondary Treatment Standards
B. Disinfection Update
C. State Budget Crisis
D. Proposed Special Board Meeting on April 16, 2003 to discuss the Capital
Improvement program and the schedule for achieving secondary treatment
standards
(7) REPORT OF GENERAL COUNSEL
(6) DISCUSSION ITEMS (Items A-D)
A. Status of NPDES Permit Renewal and Negotiation Process (Bob Ghirelli)
B. Consider recommending a policy for properties that abandon septic tanks and
connect to sanitary sewers within the District that offsets the Capital Facilities
Capacity Charge against the environmental and social benefits to the service
area (GaryStreed)
C. Review Agenda Items scheduled to be presented to Committees in April
(Information item only)
D. Review and consideration of Agenda Items for Board of Directors Meeting of
March 26, 2003
(9) OTHER BUSINESS, COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY
Book Page 2
-3- March 26, 2003 Agenda
(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
Book Page 3
4- March 26, 2003 Agenda
(12) FUTURE MEETING DATES
The next Steering Committee Nbeting is scheduled for 5 p.m., Wednesday, April 23, 2003.
The next Board Meeting is scheduled for 7 p.m., Wednesday, April 23, 2003.
(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 mayconvene 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 to:
1. Confer with General Counsel-Anticipated Litigation. Calibmia
Government Code Section 54956.9(c): One (1) potential case.
2. General Manager's Annual Performance Evaluation and Compensation
(Government Code Section 54957.6).
B. Reconvene in regular session
C. Consideration of action, if any, on matters considered in closed session.
(14) ADJOURNMENT
jt
G%MDTAN ENDMTEENIND COMMMEEWVMWgMn A ENOAOOC
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 4
DRAFT
MINUTES OF STEERING COMMITTEE MEETING
Wednesday, February 26, 2003, 2003
A meeting of the Steering Committee of the Orange County Sanitation District was
held on Wednesday, February 26, 2003 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 Layne Baroldi
Jim Ferryman, Chairman, OMTS Committee Mike Moore
Brian Donahue, Chairman, PDC Committee Ryal Wheeler
Brian Brady, Chairman, FAHR Committee Randy Fuhrman
Norm Eckenrode, Past Board Chair Joan Irvine Smith
Jan Vandersloot
Directors Absent:
Jim Silva, County Supervisor STAFF PRESENT:
Blake Anderson, General Manager
Bob Ghirelli, Director of Technical Services
Carol Beekman, Communications Services
Manager
Jean Tappan, Committee Secretary
(2) APPOINTMENT OF CHAIR PRO TEM
No appointment was necessary.
(3) PUBLIC COMMENTS
Randy Fuhrman complimented the ECM staff on their work towards moving to Class A biosolids. He
also complimented the work of the Engineering Department on the work it has done on the CIP
reassessment. Joan Irvine Smith expressed her appreciation for supporting the blue ribbon panel
concept with NWRI.
(4) RECEIVE. FILE AND APPROVE MINUTES OF PREVIOUS MEETING
The minutes of the January 22, 2003 Steering Committee meeting were approved as drafted.
Director Jim Ferryman abstained.
Book Page 5
(5) REPORT OF THE COMMITTEE CHAIR
Committee Chair Shirley McCracken reminded the members that the CASA Conference is going to
be held at the Tenaya Lodge in Yosemite and reservations are due as soon as possible.
Chair McCracken reported that she has asked staff to prepare a monthly listing of compensation
payments made to directors for meetings that they have attended on behalf of the District. The
governing resolution requires prior approval by the Chair for meeting attendance before
compensation can be made. Corrections will be made after-the-fact in the following month's payment
cycle.
Chair McCracken, as chair of the Legislative Advocacy Ad Hoc Committee, reported that the
committee has been meeting weekly for the past month to keep our legislative program on track.
She outlined the discussion issues and indicated that proposals are due this week for services to
seek grants from the state bond propositions.
(6) REPORT OF THE GENERAL MANAGER
Bob Ghirelli filled in forthe General Manager until he returned from a meeting with the Orange
County Taxpayers Association where support Is being sought for exempting stormwater and urban
runoff from Proposition 218 requirements.
A. Report on EMT Retreat
Dr. Ghirelli reported on the EMT retreat that was held January 30.31 and February 10.
The goal was to develop the major unifying strategies that will be proposed to the
Board for adoption and for use by our employees. The strategies will help describe
the overall strategic direction and intention of the agency and support major policy
decisions that the board has made, including the move to secondary treatment
standards, GW RS,water resources management and our overall wastewater
treatment program, including our$2 billion (plus) capital improvement program.
B. Progress towards Achieving 30/30 Secondary Treatment Standards
Dr. Ghirelli reported that work continues to move to secondary treatment standards.
Secondary treatment level is now at 68 percent Suspended solids averaged 33 ppm,
close to the 30 ppm standard. BOD averaged 47 ppm. The expert panel that is
reviewing our secondary treatment facilities construction schedule met for the second
time today. The panel includes experts in wastewater treatment engineering,
construction and operations plus a representative from OC Coastkeepers. It is
chaired by Jerry Thibeault. It is taking an independent look at the scheduled
developed by staff.
C. Disinfection Update
Dr. Ghirelli reported that staff has successfully disinfected our effluent since mid-
August. There have been a number of days when the District's own operational
targets (a much stricter standard) were not met, but that has been rare. The State's
surtzone bathing water standards have been met without exception at 4.5 miles out in
the ocean, around our ouffall for 200 days. The bacterial counts in Huntington Beach
appear to be unaffected by disinfecting our effluent. An evaluation will be done to see
0 the amount of bleach could be reduced. A presentation will be made at the April
Board meeting.
D. State Budget Crisis
General Manager Blake Anderson reported that there was nothing new to report. Staff
Book Page 6
Minutes of the Steering Committee
Page 3
February 26, 2003
will continue to monitor the situation and notify the Board if something occurs that
Impacts the District.
E. Special OMTS Workshop on Asset Management Proposed
Staff is recommending that a special OMTS workshop on Asset Management be
conducted on March 19 beginning at 5 p.m. to give the directors a better
understanding of asset management and the possibilities and costs. This program
can substantially reduce our lice cycle costs and make us more efficient. An invitation
will be extended to all directors to attend this workshop. The Steering Committee
agreed with staff's recommendation.
F. Directors Compensation
Mr. Anderson reported that present directors compensation is set at$170 per meeting
as established by resolution adopted in January 2001. State law allows for a 5
percent increase every calendar year, provided the Board adopts an ordinance to do
so. Staff was seeking direction on whether to proceed with a new ordinance. The
Steering Committee decided that a compensation increase is not appropriate at this
time but that it would be revisited annually at its January meeting.
(7) REPORT OF GENERAL COUNSEL
General Counsel Tom Woodruff reported that a detailed outline was included in the directors Board
agenda package on changes to the Conflict of Interest provisions of state law. The members of the
Steering Committee determined that the existing lists of warrants would be sufficient for checking for
individual conflicts for the time being. It was suggested that a reminder to directors to check for
possible conflicts of interest be added to agenda reports on new contracts.
(6) DISCUSSION ITEMS (Items A-C)
A. Status of NPDES Permit Renewal and Negotiation Process
Bob Ghirelli reported that one of the conditions of the permit renewal for disinfection was
that a report would be prepared on various options for disinfection other than bleach.
The engineering department is working on the report and will be submitting it to the
Regional Board this week. Additional testing will begin this summer. It appears that UV
is the prevailing technology. The goal is to move away from bleach and dechlorination.
Actual negotiations will get underway once the CIP has been validated and the Board
approves the schedule.
B. The Agenda Items scheduled to be reviewed by the Board's working committees in
March were reviewed.
C. The agenda items scheduled to be presented to the Board at tonight's meeting
were reviewed. Mr. Woodruff reported that a bid protest has been received on
Item 16. He will be recommending against upholding the protest and explained his
reasons.
Book Pap 7
Minutes of the Steering Committee
Page 4
February 26, 2003
(9) OTHER BUSINESS, COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY
There were none.
(10) MATTERS WHICH A DIRECTOR WOULD LIKE STAFF TO REPORT ON AT A
SUBSEQUENT MEETING
Bob Ghirelli said that the final report on the Huntington Beach studies has been moved to April. The
presentation will include a video showing life at the end of the outfall before and after disinfection.
He also said that additional work has been planned.
(11) MATTERS WHICH A DIRECTOR MAY WISH TO PLACE ON A FUTURE AGENDA FOR
ACTION AND/OR STAFF REPORT
The General Manager's evaluation, usually scheduled for January, has been on hold awaiting
completion of the MOUs with employee organizations. The Steering Committee asked that the
evaluation be considered next month and compensation issues be discussed when the MOU process
is complete.
(12) CONSIDERATION OF UPCOMING MEETINGS
The next Steering Committee meeting is scheduled for Wednesday, March 26, 2003 at 5 p.m.
The next Board Meeting is scheduled for Wednesday, March 26, 2003 at 7 p.m.
(13) CLOSED SESSION
The Committee convened at 6:16 p.m. in Closed Session, pursuant to Government Code
Sections 54956.9 (b), 54956.9(a) and 54956.9(c),to discuss three litigation matters. 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. No reportable actions were
taken on Agenda Items Nos. 13.A.(1), (2) and (3).
At 6:45 p.m., the Committee reconvened in regular session.
(14) ADJOURNMENT
The Chair declared the meeting adjourned at 6:45 p.m.
Submitted by:
Jean Tappan
Book Page 8
STEERING COMMITTEE Meeting Date mm.or .Dir.
03-26-03
AGENDA REPORT Item Number Item Number
8A
Orange County Sanitation District
FROM: Robert P. Ghirelli, Director of Technical Services
Originator: James Colston, Legal & Regulatory Affairs Liaison
SUBJECT: Status of NPDES Permit Renewal and Negotiation Process
GENERAL MANAGER'S RECOMMENDATION
Information only.
SUMMARY
Staff will provide the Board with an update on the following issues, as needed:
• Status of the Peer Review Process to review the updated Capital Improvement
Program schedule to build additional secondary treatment facilities.
• Status of the negotiations between the District and the EPA and RWQCB to
renew the District's ocean discharge permit.
• Update of legislative funding effort for secondary treatment.
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
C\p unnena and senings ,aLLaaal Semn, rarorary Internet FlesnOUQFEN NPOES PermX Renewal and Negotia0on Prtro AR-6doc
Pevia9E:3q (Cr) Pagel
Book Page 9
CEQA FINDINGS
N/A
ATTACHMENTS
N/A
C Y.` MMe"SetlIno g4oFY SeMryAT*r Mry McMt FIWsOLJQFEWl28W NPOES Pemll Rmewel a Npatl nPro AR44w
RevluE:1IM(CP) Page 2
Book Page 10
STEERING COMMITTEE Mewing Dare To Bd.of Dir.
3/26/03
AGENDA REPORT "B8M It"""n e
Orange County Sanitation District
FROM: Blake P. Anderson, General Manager
SUBJECT: CONSIDER RECOMMENDING A POLICY FOR PROPERTIES THAT
ABANDON SEPTIC TANKS AND CONNECT TO SANITARY SEWERS
WITHIN THE DISTRICT THAT OFFSETS THE CAPITAL FACILITIES
CAPACITY CHARGE AGAINST THE ENVIRONMENTAL AND SOCIAL
BENEFITS TO THE SERVICE AREA
GENERAL MANAGER'S RECOMMENDATION
Recommend to the FAHR Committee that they consider adopting a policy that
establishes the environmental and social benefits to the community from an abandoned
septic tank as being equal to the connection fees (Capital Facilities Capacity Charges)
that would otherwise be due to the District. This policy would apply only in cases where
properties were developed, occupied and served by septic tank prior to March 31,2003.
Proof that the septic tank was abandoned properly would be required.
SUMMARY
Currently our records show there are about 1,500 properties within the Sanitation
District service area on septic tanks rather than sanitary sewers. A smaller number is
estimated to exist within the County but outside of our service area.
Many believe that these septic tanks contribute to the bacterial contamination of urban
runoff. This could be a result of failing systems or of contamination leaching through the
soil and emerging to be carried away.
The Directors have discussed methods of encouraging property owners to abandon
their septic tanks and to connect to the sanitary sewers. General Counsel has advised
that our existing Ordinance does not allow fees to be waived or set aside. The Directors
could, however amend the Ordinance or adopt a revised one to include findings that
would allow an offset or credit to the Capital Facilities Capacity Charge.
There are many steps required of a property owner who wishes to move from an on-site
septic tank to the regional sanitary sewer system. If not in the service area, the property
must be annexed to a local sewering agency as well as to the Sanitation District. A
lateral must be constructed from the building on the property to the local sewer and a
local and OCSD connection fee must be paid. If a local sewer is not available, then that
sewer must be constructed. The septic tank must be emptied and then property
abandoned by a licensed contractor. Of course the total cost for these services varies
by property and proximity to a local sewer, but it is always substantial. District staff has
Book Page I I
estimated the cost to abandon a septic tank and to build a 100-foot vitrified clay pipe
connection to an existing local sewer to be between $12,000 and $15,000.
PROJECT/CONTRACT COST SUMMARY
Cost to the District would be minimal in any single year. The benchmark CFCC, for a 3-
bedroom single-family residence, is currently$1,820. If the 1,500 septic tank estimate
is correct, then the total CFCCs not collected would amount to $2,730,000 over some
period of time. Some of these properties will never connect because no local sewer can
be provided and many will take some time to connect while local sewers are being
constructed. Limited staff time and services of General Counsel would be necessary to
prepare a new Ordinance, and once the policy is implemented there would be minor
staff costs to monitor the septic tank abandonment process.
BUDGETIMPACT
❑ This item has been budgeted. (Line Rem: )
❑ This item has been budgeted, but there are insufficient funds.
X This item has not been budgeted.
❑ Not applicable (information item)
ADDITIONAL INFORMATION
At the November 7, 2002 Special Steering Committee meeting, Vice Chair Anderson
asked that the Committee consider the possibility and/or advisability of the Sanitation
District helping property-owners convert from septic tanks to sewer systems. He
reported that the City of La Habra provides funding for a low-cost loan program and
wondered if the District could implement a similar program. The goal of a District
program would be to encourage sewer connections as a way to reduce the bacterial
contamination in urban runoff that may be attributed to septic tanks. The City of La
Habra program is discussed later in this report.
The County and LAFCO are working together to have all of the County-islands annexed
to the appropriate cities. As a part of this effort, the County would like any properties
currently on septic tanks to connect to available local sewers. The County has
informally asked the District to waive these connection fees. General Counsel has
consistently advised that the existing Ordinance does not permit the Directors to waive
these fees.
The Directors have not waived connection fees in the past, while focusing on their
responsibilities to collect, treat and dispose of sewage. Today the agency has adopted
more regionally-based mission and vision statements and expanded its official concerns
to include groundwater protection, urban runoff and other sources of beach pollution.
At their May 2002 meeting, the Steering Committee members expressed their support
for continuing the current and past practices. They also expressed interest in enacting
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some method to lessen the financial burden for these property owners while retaining a
fair-share principle.
In December 2002,the Steering Committee reviewed a time-payment plan that was
intended to satisfy the members' concerns. There is precedence for a time-payment
plan, but success has been quite limited. In 1989, the Board of District 7 authorized a
3-year, 3-payment, interest free program for homes that were occupied prior to the
authorization and prior to a fee increase from $250 to$1,500. In 1999, the Board
authorized a similar agreement for the owner of a 15-unit apartment complex whose
septic tank had failed. This was during the enactment of a lower per unit connection fee
and ultimately the property owner was able to delay the connection until the lower fees
were enacted and they were paid in a lump sum.
Additionally, in 2000 the Steering Committee authorized a loan program for a small area
that would be annexed to the City of Brea. This area contained 17 homes and a
commercial nursery, all on septic tanks. While the City requested the fees to be waived,
the Steering Committee suggested a loan program. The proposed loan was limited to
$3,000 per property, was to be a "low interest loan,"and was to be secured by a lien on
the property. This program was submitted to the property owners by the City, but no
loans have been made to date.
The Steering Committee rejected the December time-payment plan as it was deemed
too restrictive and did not provide sufficient incentive to encourage property owners to
abandon their septic tanks. Staff was directed to consider more options and to increase
the incentive. The Committee expressed a desire to improve groundwater quality and
to reduce urban runoff contamination by having septic tanks properly abandoned.
City of La Habra Program
In November 2002, the City of La Habra introduced an Ordinance authorizing levying
annual assessments for sanitary sewer system connections at the request of the
property owner. The purpose of the program was to provide property owners an
alternative means of financing the costs required to convert from a septic tank to the
local sewer system.
The program allows payment of costs over a 10-year period and requires the property
owner to authorize the City to collect the repayment as a separate line item on the
property tax bill. The costs can include the property's share of the local sewer
construction cost, the lateral construction cost, the septic tank abandonment cost, the
OCSD capital facilities capacity charge and interest at the rate of 3%per year. The
costs are expected to be around $15,000 per single-family homeowner.
The process has several steps. It requires a separate petition from each property
owner for each loan, authorization from each property owner to place the assessment
on the tax bill, a report from the Director of Public Works, consideration by the City
Council, a Resolution by the City Council and alien against the property. Once the
Resolution is adopted, City staff notifies the County Auditor/Controller to place the
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assessment on the tax bill. The amount of the assessment changes each year in order
to allow for prepayments with no penalty. Staff keeps track of each loan and notifies the
County of the appropriate assessment each year. When the total loan and interest have
been collected, City staff must complete and record a notice that the assessment lien
has been released.
The City program includes a cap on the total amount of loans outstanding at any time.
Once that cap of$500,000 has been reached, no additional loans can be authorized
until there is room under the cap.
Recommendation
After considering the La Habra program and several other alternatives as shown below,
staff has developed a compromise recommendation. Staff believes there is a nexus
between septic tanks and groundwater pollution and contaminated urban runoff. The
District has long been a regional watershed environmental steward and now has the
legislative authority to provide solutions to urban runoff problems. Staff estimates that
the long-term costs to society from this type of contamination are greater than the
District's capital facilities capacity charge. Therefore, staff recommends that the CFCC
be offset by, or considered "paid"by or equivalent to, these societal and environmental
costs for properties that are currently using a septic tank whenever they connect to a
local sewer, resulting in no CFCC becoming due with the issuance of a building permit.
ALTERNATIVES
1) Make no changes to the current program. Do not provide any incentives to abandon
existing septic tanks because that is not our responsibility and the cost of any
incentive will be passed on to all users.
2) Provide some sort of a payment plan, similar to the proposal rejected by the Steering
Committee in December. This option incurs a range of administrative costs
depending upon the plan. The only incentive of such a plan is reduced interest
payments and that is probably not sufficient to change behavior since our CFCC is
approximately$2,000 for a typical single-family residence.
3) Provide clean water incentive grants. These grants could be a part of the District's
cooperative projects program and made directly to Cities that encourage
connections to the sewer system in place of existing septic tanks. This program may
be more costly to administer, but would also increase the public incentive by
requiring the City and County to participate in funding the program. Limited City and
County funds may make this program difficult to implement. A cost-sharing formula,
setting limits for the District's participation and perhaps setting minimum amounts of
participation by co-funding agencies would have to be developed by District staff for
consideration by District directors.
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Book Page 14
CEQA FINDINGS
N/A
ATTACHMENTS
None
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Book Page 15
STEERING COMMITTEE
Maetlrg�� To Btl.of Oir.
AGENDA REPORT 3/2,
Item Number I Item Number
BG
Orange County Sanitation District
FROM: Blake P. Anderson, General Manager
Originator: Jean Tappan, Committee Secretary
SUBJECT: April 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 April.
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 April:
OMTS Committee: 1.
2.
3.
PDC Committee: 1. Ratify Change Order No. 3 to Job No. J-33-1 A, Standby
Power and Reliability Improvements to Treatment Plants
Nos. 1 and 2
2. Ratify Change Order No. 1 and Approve Closeout Agreement
and Notice of Completion for Job No. P2.84, Landscape and
Irrigation at Plant No. 2
3. Ratify Change Order No. 2 to Job No. P2-60, Solids Storage
and Truck Loading Facility at Plant No. 2
4. Ratify Change Order No. 6 to Job No. P1-37, Primary
Clarifiers Nos. 16-31 and Related Facilities at Plant No. 1
5. Ratify Change Order No. 1 to Job No. P11-62, Sunflower Pump
Station Drive Replacement
6. Ratify Change Order No. 1 to Job No. 1-2-4, Bushard Trunk
Sewer Rehabilitation
7. Approve plans and specifications and Addendum No. 1 and
award construction contract for Job No. P2-85, Circular
Clarifier Drive Replacement; and SP-73, Sludge Blanket
Indicator Installation
FAHR Committee: 1. Consider Safety Policies
2. Meet and Confer Status Report
3. Consider Preliminary User Fees for 2003/04
Book Page 16
4. Consider Connection Fees for 2003104
5. Consider Issuance of COPs
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
CEOA FINDINGS
Not a project.
ATTACHMENTS
NA
jt
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Page 2
Book Paee 17
STEERING COMMITTEE McVn6g Date To ad.of Dir.
3/26/03
AGENDA REPORT Iem Number Item Number
8D
Orange County Sanitation District
FROM: Blake P. Anderson, General Manager
Originator: Jean Tappan, Committee Secretary
SUBJECT: March 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 March 26, 2003 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 March:
1. (Consent Items) none listed
2. Actions from OMTS Committee
12.c. Receive and file Phase II Biotrickling Filter for Odor Control Demonstration
Project Final Report
12.d. Receive and file In-plant Fats, Oils and Grease (FOG) Impact Study
12.e. Authorize General Manager to negotiate and award consulting services
agreement with Partners Consulting Services, Inc. for Financial
Information System Technical Support
12.f. Actions re Fiberglass Reinforced Caustic Storage Tanks
3. Actions from PDC Committee
13.c. Ratify Change Order 1 to Fiber Optics Extension at Plant 2
13.d. Approve Addendum No. 3 to PSA for Abandonment of Airbase Trunk
Sewers and Construction of Watson Avenue and California Street Sewers
13.e. Approve Addendum No. 1 to PSA for Central Generation Automation
4. Actions from FAHR Committee
14.c. Receive and file February 2003 Treasurer's Report
14.d. Adopt resolution re Records Management Program
14.e. Actions re Temporary Employment Services contract
5. Actions from GWRS Cooperative Committee
None
6. Other Action Items
16. Actions re Trickling Filter Rehabilitation and New Clarifiers, Job No. P1=76
Book Page IS
17. Actions re Drain System for North Pacific Coast Highway Force Main,
Contract No. 5-56
18. Approve license agreement re Carbon Canyon Dame Sewer and Pump
Station Abandonment, Contract No. 2-24-1
19. Actions re Final Initial Study/Mitigated Negative Declaration for
Rehabilitation of Edinger Pump Station, Rehabilitation of A Street Pump
Station and Replacement of Bitter Point Pump Station
20. Receive and file correspondence between OCSD/SAWPA re SARI
Relocation and Protection project
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
CEOA FINDINGS
Not a project.
ATTACHMENTS
NA
jt
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Rm>ea: Bregree Page 2
Book Page 19
Orange County Sanitation District
(714) 962-2411
www,ocsd.com
mailing address:
P.Q. Box 8127
Fountain Valley, California
92728-8127
street address :
10844 Ellis Avenue
Fountain Valley, California
92708-7018
published on recycled paper