Loading...
HomeMy WebLinkAbout2004-07 DRAFT MINUTES OF STEERING COMMITTEE MEETING Wednesday, July 21, 2004 A meeting of the Steering Committee of the Orange County Sanitation District was held on Wednesday, July 21, 2004 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 Steve Anderson, Chair Don Hughes Jim Ferryman, Vice Chair and Chairman, Joe Forbath OMTS Committee Dan Spradlin Brian Donahue, Chairman, PDC Committee Jim Silva, County Supervisor STAFF PRESENT: Shirley McCracken, Past Board Chair Blake Anderson, General Manager David Ludwin, Directorof Engineering Directors Absent: Gail Garrett, Committee Secretary Brian Brady, Chairman, FAHR Committee Layne Baroldi, Legal& Regulatory Affairs Liaison Jennifer Cabral, Public Information Specialist Jim Colston, Legal& Regulatory Affairs Liaison Jim Herberg, Engineering Manager (2) APPOINTMENT OF CHAIR PRO TEM FILED IN THE OFFICE OF THE SECRETARY No appointment was necessary. ORANGE rmI-- Q nISTRICT AUG/2 5 1004 (3) PUBLIC COMMENTS By 7t There were no comments by any member of the public. (4) RECEIVE. FILE AND APPROVE MINUTES OF PREVIOUS MEETING The minutes of the June 23, 2004 Steering Committee meeting were approved as drafted. (5) REPORT OF THE COMMITTEE CHAIR Committee Chair Steve Anderson thanked outgoing Chair Shirley McCracken for her leadership during the last two years. He requested Directors to advise him which subcommittee they wish to be placed on. 1 knutes of the Steering Committee Page 2 July 21, 2004 (6) REPORT OF THE GENERAL MANAGER General Manager Blake Anderson introduced his new executive assistant, Gail Garrett. General Manager Blake Anderson provided updates on several issues, as follows: • State Budoet Update Mr.Anderson reported on the State budget and the proposed$225 million property tax transfer from special districts to the State for each of the next two years. Committee members unanimously agreed the General Manager should continue to encourage CASA to request that a uniform rate of property tax transfers be applied to enterprise special districts. • Biosolids Update ♦ Layne Baroldi reported on the biosolids spill that occurred yesterday and distributed handouts. Cleanup costs will be billed to the contractor. There was an hour delay caused by CalTrans hesitancy regarding what to do about the spill. CalTrans ultimately turned to OCSD to clean up the freeway which we were prepared for. Mr.Anderson informed the Committee that from this point forward OCSD will clean up spills Immediately and not wait for other entities to either perform or direct the work to be done. Tom Woodruff asked if there were any secondary accidents. Mr. Baroldi will provide information when the report comes in. ♦ Mr. Anderson said that Information on the Issue of In-county managed biosolids has been well received for both the Prima Deshecha Landfill and Great Park. Mr. Baroldi gave a brief update on the joint effort with SOCWA and OCSD In-County Biosolids facilities proposal. Feasibility and technical studies will be performed. Mr. Baroldi noted that having Director Bankhead and ex-Director McGuigan on the special committee for biosolids has been beneficial. ♦ Blake reported that Blake Anderson,Jim Burror and Carol Beekman attended the Great Parks ad hoc committee. Well thought out questions regarding composting were asked by the committee members. OCSD staff will continue working with the various committees to keep them informed. The next meeting will be in November. • Lecislative Affairs General Manager briefed the Steering Committee on our progress in Washington DC to secure additional EPA grants to help pay for secondary treatment facilities. The House approved $60 million in additional funding for GW RS. It will go to Senate next. Tom Ridgeway volunteered going to Washington DC In September. • Ocean Discharge Permit draft Mr.Anderson announced OCSD received the official draft of our ocean discharge permit. Jim Colston gave a brief description of the next steps before the permit is finalized in early January. Mr. Anderson complimented Mr. Colston and Mr. Woodruff on a job well done. 2 Minutes of the Steering Committee Page 3 July 21, 2004 (7) REPORT OF GENERAL COUNSEL General Counsel Tom Woodruff introduced Dan Spradlin and Joe Forbath, who are handling the SAW PA litigation and the Bushard Trunk issues. They will give their reports in closed session. General Counsel also gave an historical background on the Davis-Bacon Act and California's Prevailing Wage provisions, and reported on how they would impact the Sanitation District' construction contracts. The Steering Committee provided no direction to staff about prevailing wage law. (8) DISCUSSION ITEMS (Items A-D) A. Award of Contract for Continuous Chemical Feed Facility—Steering Committee approved a$20,000 purchase agreement for a 635 square foot parcel owned by Stage Road LLC so that District can site a small chemical feed facility that will serve a nearby District trunk sewer. B. Pulled by Staff. segsideratier) C. Mr.Anderson confirmed that the three standing committees will not meet in August D. The agenda items scheduled to be presented to the Board at tonight's meeting were reviewed. Discussed the revised User Fee Ordinance and the Orange County Business Council's interest in having a presentation in August. (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, August 25,2004 at 5 p.m. The next Board Meeting is scheduled for Wednesday, August 25, 20D4 at 7 p.m. 3 Minutes of the Steering Committee Page 4 July 21, 2004 (13) CLOSED SESSION The Committee convened at 6:05 p.m. In Closed Session, pursuant to Section 54956.8 and Section 65956.9,to discuss six issues. 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 6.50 p.m.,the Committee reconvened in regular session. (14) ADJOURNMENT The Chair declared the meeting adjourned at 6:50 p.m. Submitted;E.'�by: cr" L-- Gail Garrett Steering Committee Secretary H:NpiirparWl4tnNp Comnehegnsc iunWea Fomas eoc 4 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 Steering Committee meeting held on Wednesday, July 21, 2004, was duly posted for public inspection in the main lobby of the District's offices on Thursday, July 15, 2004. IN WITNESS WHEREOF, I have hereunto set my hand this 21 st day of July, 2004. &,, ;r Penny Kyle,§ecretary of ffe Board of Directors of Orange County Sanitatio istrict i Posted: �aj2004, : OO p.m. By: ( �u.F Lllirtk- Signature wp \gm�trcammVoshngim t) ORANGE COUNTY SANITATION DISTRICT Phan.: (714)862-2411 he: (714)962 56 mva.00td.eern eeenlPg,ddnee: NOTICE OF MEETING P.C. 9vt6127 OF THE Fwntiun 927298127 STEERING COMMITTEE twee addreau: 10344 one Acenva ORANGE COUNTY SANITATION DISTRICT Fountain Valley.G B27C9-7010 Member WEDNESDAY, JULY 21, 2004 - 5 P.M. yeetln Olt[.. DISTRICT'S ADMINISTRATIVE OFFICE Anaheim 10844 ELLIS AVENUE Brae Buena Park FOUNTAIN VALLEY, CALIFORNIA 92708 gyres. Pounrnm Wiley Fullerton Borden drove Nuncngwn Beech 'ro".Na A regular meeting of the Steering Committee of the Board of Directors of Le to Palma a Orange County Sanitation District will be held at the above location, date and Loa Alemeoe time. New➢wx Beech Qrong. Plecend Benue An. Seal Beech !itanuun T Tusti.dn 411e Perk Ynr0e Linde County of Orange met", Obteivta Cnare Mee. MINwy Co 41111letor Dina". i IrWne Ranch H:\dept\agenda\Steering Committee\04Ju1\072104 SC Meeting Nolice.t.doc ID mem[ern world-class laetlarahip In wentnr. ,end .In,resource menagemen[. STEERING COMMITTEE AND BOARD MEETING DATES FOR THE NEXT TWELVE MONTHS 'Wednesday, July 21, 2004 Wednesday, August 25, 2004 Wednesday, September 22, 2004 Wednesday, October 27, 2004 'Wednesday, November 17, 2004 *Wednesday, December 15, 2004 Wednesday, January 26, 2005 Wednesday, February 23, 2005 Wednesday, March 23, 2005 Wednesday, April 27, 2005 Wednesday, May 25,2005 Wednesday, June 22, 2005 Wednesday, July 27, 2005 `Tentatively rescheduled from regular fourth Wednesday. STEERING COMMITTEE (1) Roll Call: Meeting Date: July 21, 2004 Meeting Time: 5 p.m. Meeting Adjoumed: Committee Members Steve Anderson, Board Chair Jim Ferryman, Board Vice Chair Brian Donahue, Chair, PDC Committee Jim Ferryman, Chair, OMTS Committee Brian Brady, Chair, FAHR Committee Jim Silva, Supervisor Shirley McCracken, Past Board Chair Others Thomas L. Woodruff, General Counsel Tom Nixon 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 6 Maintenance........ Gary Streed, Director of Finance/Treasurer....................... Lisa Tomko, Director of Human Resources........................ Carol Beekman, Director of Communication and Administration Services................................................ Gail Garrett, Committee Secretary..................................... c: Lenora Crane M Nepragemiatsteenng Commitleeb4Vuh072104 Roll Cell Sheet.3.dac AGENDA REGULAR MEETING OF THE STEERING COMMITTEE ORANGE COUNTY SANITATION DISTRICT WEDNESDAY, JULY 21, 2004 AT 5 P.M. ADMINISTRATIVE OFFICE 10844 Ellis Avenue Fountain Valley, Califomia Agenda Posting: 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 offices 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. Items Not Posted: In the event any matter not listed on this agenda is proposed to be submitted to the Committee for discussion and/or action, it will be done in compliance with Section 54954.2(b) as an emergency item or because there is a need to take immediate action,which need came to the attention of the Committee subsequent to the posting of agenda,oras set forth on a supplemental agenda posted in the manner as above, not less than 72 hours prior to the meeting date. Accommodations for the Disabled: The Board of Directors Meeting Room is wheelchair accessible. If you require any special disability related accommodations,please contact the Orange County Sanitation District Board Secretary's office at(714)593-7130 at least 72 hours prior to the scheduled meeting. Requests must specify the nature of the disability and the type of accommodation requested. Items Continued: Items may be continued from this meeting without further notice to a Committee meeting held within five(5)days of this meeting per Government Code Section 54954.2(b)(3). Meeting Ad oumment: This meefing may be adjourned to a later time and items of business from this agenda may be considered at the later meeting by Order of Adjournment and Notice in accordance with Government Code Section 54955(posted within 24 hours). (1) ROLL CALL (2) APPOINTMENT OF CHAIR PRO TEM, IF NECESSARY Book page I -2- July 21, 2004 Agenda (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 defamed 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 have action taken by the Committee emept as authorized by Section 54954.2(b). (4) APPROVE MINUTES OF PREVIOUS MEETING Approve minutes of the June 23, 2004 Steering Committee meeting. (5) REPORT OF COMMITTEE CHAIR (6) REPORT OF GENERAL MANAGER A. State Budget Update B. In-County Biosolids Update C. Legislative Affairs Update (7) REPORT OF GENERAL COUNSEL A. Davis-Bacon Act (and California's prevailing wage provisions) (8) DISCUSSION ITEMS (Items A-D) A. Award of Contract for Continuous Chemical Feed Facility(Herberg/Nazaroff) B. Adopt Resolution No. OCSD-04-22, establishing Grant Funding Program Policy and Code of Ethics (on tonight's Board Agenda for consideration) (Tomes) C. Review Agenda Items scheduled to be presented to Committees in August (August is dark for all three committees) D. Review and consideration of Agenda Items for Board of Directors Meeting of July 21, 2004 (9) OTHER BUSINESS, COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY (10) MATTERS WHICH A DIRECTOR WOULD LIKE STAFF TO REPORT ON AT SUBSEQUENT MEETING Book page 2 -3- July 21, 2004 Agenda (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,August 25, 2004. The next Board Meeting is scheduled for 7 p.m., Wednesday, August 25, 2004. (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 orpotential litigation, or personnel matters, pursuant to Government Code Sections 54956.8, 54956.9. 54957 or54957.6, as noted. Reports relating to (a) purchase and sale of real property; (b) matters of pending or potential litigation; (c) employment actions or negotiations vdth 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, if necessary 1. Confer with General Counsel re Santa Ana Watershed Project Authority v. Orange County Sanitation District, Orange County Superior Court Case No. 04CC06197 (Califomia Government Code Section 54956.9). 2. Confer with General Counsel re Orange County Sanitation District v. County of Kings, at al., Kings County Superior Court Case No. 02C0835 (California Government Code Section 54956.9). 3. Confer with General Counsel re Orange County Sanitation District, at al. v. County of Kem, at al., Tulare County Superior Court Case No. 189564 (California Government Code Section 54956.9). 4. Confer with Real Property Negotiator pursuant to Government Code Section 54956.8. Property: 5856 Warner Avenue, Huntington Beach, California Agency Negotiator. James D. Herberg Negotiating Parties: Samuel and Dorothy Elster Under Negotiation: Instruction re price, terms, and conditions for the purchase, sale, exchange, or lease of subject property. Contract No. 11-29 Purchase of Easements Book page 3 4- July 21, 2004 Agenda 5. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8. Property 5781 Rogers Drive, Huntington Beach, California Agency Negotiator. James D. Herberg Negotiating Parties: Robert and Kellie Nicholas Under Negotiation: Instruction re price, terms, and conditions for the purchase, sale, exchange, or lease of subject property. Contract No. 11-29 Purchase of Easements 6. Confer with General Counsel—Anticipated Litigation. California Government Code Section 54956.9(b)—One matter. B. Reconvene in regular session C. Consideration of action, if any, on matters considered in closed session. (14) ADJOURNMENT 99 n�oamvrxw�rasamo caaam�wwcvmra•oarmaaooc 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: Steve Anderson (562)905-9700(La Habra City Hall) Committee Staff Contact: Blake P.Anderson (714)593-7110 General Counsel: Thomas L.Woodruff (714)564-2605 Committee Secretary: Gail Garrett (714)593-7101 (714)962-0356 (Fax) E-mail: ggarett@ocsd.com Book page 4 MINUTES OF STEERING COMMITTEE MEETING Wednesday, June 23, 2004 A meeting of the Steering Committee of the Orange County Sanitation District was held on Wednesday,June 23,2004 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, General Counsel Shirley McCracken, Chair Don Hughes Steve Anderson, Vice Chair Jim Ferryman, Chairman, OMTS Committee STAFF PRESENT: Brian Donahue, Chairman, PDC Committee Blake Anderson, General Manager Norm Eckenrode, Past Board Chair Bob Ghirelli, Director of Technical Services Carol Beekman, Communications Services Directors Absent: Manager Brian Brady, Chairman, FAHR Committee Jean Tappan, Committee Secretary Jim Silva, County Supervisor Gail Garrett, Incoming 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 May 26, 2004 Steering Committee meeting were approved as drafted. (5) REPORT OF THE COMMITTEE CHAIR Committee Chair Shirley McCracken announced that reservations for the August 4-7 CASA 2004 Annual Conference in Monterey are due as soon as possible. The logistics for tonight's 501" Anniversary reception were reviewed. Chair McCracken thanked the committee members and staff for their support during her two-year term, which is ending tonight. She said that it was a challenging and exciting experience. Book page 5 Minutes of the Steering Committee Page 2 June 23, 2004 (6) REPORT OF THE GENERAL MANAGER General Manager Blake Anderson complimented Chair McCracken on her efforts during a very interesting two years. He outlined several of the major events and challenges that occurred. Mr. Anderson introduced Gail Garrett as his new assistant, replacing Jean Tappan,who is retiring. The Committee and Mr.Anderson thanked Mrs. Tappan for her efforts over the year, assisting them with anything and everything as needed. A. Update on Corporate Identify Program Carol Beekman, Communications Services Manager, reported that Phase 1 is underway. The consultant, Johnson Ukropina, is beginning the research phase, wherein it will be contacting the public, Board members and stakeholders to find out what they have to say about the Sanitation District through various surveys and interviews. The results will be compiled and a report will be presented to the Board for further direction. B. Spill in Garden Grove Staff updated the Committee on the spill that occurred in Garden Grove last week. Investigations continue to try to determine the cause. The Orange County Health Care Agency closed the beach as a precaution for two days, but there was no evidence of higher than usual bacteria counts at two locations in Huntington Harbor. The Sanitation District will be attending city council meetings for Garden Grove and Stanton to commend their first- responder crews for their cooperation during this event. C. The General Manager reported on his recent trip to Washington, DC with Director Silva. They attended a Legislative Affairs Day sponsored by the California Association of Sanitation Agencies (CASA). Several meetings were held involving EPA and House staff members on a variety of topics, including State Revolving Funds for clean water projects, Davis Bacon Act and prevailing wages, federal grant programs for water projects, Major Species Act changes, and regulatory issues such as TMDLs. D. The General Manager provided an update on the Bushard Trunk construction project and announced that impacted residents will be attending tonight's Board meeting to discuss their concerns. (7) REPORT OF GENERAL COUNSEL General Counsel Tom Nixon did not make a report. (8) DISCUSSION ITEMS(Items A-B) A. The Agenda Items scheduled to be reviewed by the Board's working committees in July were reviewed. B. The agenda items scheduled to be presented to the Board at tonight's meeting were reviewed. It was decided that if there was any questions related to Agenda Item 18, Ordinance No. OCSD-23,An Ordinance of the Board of Directors of Orange County Sanitation District, Amending Ordinance No.OCSD-14 Establishing Board of Directors Compensation, Chair McCracken would move to have it pulled from the agenda and re-considered at the July meeting. Book page 6 Minutes of the Steering Committee Page 3 June 23, 2004 (9) OTHER BUSINESS,COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY The chair of the Urban Runoff Ad Hoc Committee has asked that the July 21 3 p.m. meeting be rescheduled. Bob Ghlrelli, Director of Technical Services,will meet with Director Bankhead to find another time. This will have to be scheduled in July because of meetings that the County of Orange is planning on this issue in August. Director Steve Anderson reported that he attended the AW WA Conference in Orlando. He attended sessions on asset management, urban runoff and construction of wetlands. He will make a more detailed report at the next Steering Committee meeting. Chair McCracken reported her experiences on the GW RS video taping session with Huell Howser. The video is being made to provide the community information on the GWRS. It will be offered to the local cable television stations and the cities. (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 Director Anderson asked that a discussion on the Davis-Bacon Act be considered and that the Board consider sending a letter to the Governor asking for a waiver of prevailing wage requirements for public works projects in exchange for the 'tax shift' of funds from cities and special enterprise districts. Many of the cities are proposing this exchange. (12) CONSIDERATION OF UPCOMING MEETINGS The next Steering Committee meeting is scheduled for Wednesday, July 21, 2004 at 5 p.m. The next Board Meeting is scheduled for Wednesday, July 21, 2004 at 7 p.m. (13) CLOSED SESSION The Committee convened at 5:07 p.m. in Closed Session, pursuant to Section 54956.9, to discuss three cases of litigation. 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 5:45 p.m., the Committee reconvened in regular session. Book page 7 Minutes of the Steering Committee Page 4 June23,2004 (14) ADJOURNMENT The Chair dedared the meeting adjourned at 5:45 p.m. Submitted by: l Jean lippan SteeriW Committee Sea K�ro�roa��ro�ur.rasax Book page 8 STEERING COMMITTEE Meatmg Date To Bd.of Dir. m/2I/D4 AGENDA REPORT Item Nam xr Item Number B.A orange County Sanitation District FROM: David Ludwin, Director of Engineering Originator: Adam Nazaroff, Associate Engineer III SUBJECT: CONTINUOUS CHEMICAL FEED TREATMENT FACILITY, CONTRACT NO. 01-96 GENERAL MANAGER'S RECOMMENDATION Authorize the General Manager to execute a purchase agreement for a 635 square foot parcel with Stage Road LLC in an amount not to exceed $20,000. SUMMARY • In the summer of 2000 the Orange County Sanitation District (OCSD) embarked on a study to evaluate alternative treatment technologies for controlling sulfide odors and corrosion in the collection system. Several different chemicals and application methods were assessed to reduce sulfide odor generation in the sewers. The study recommended installing several continuous feed systems that would discharge a mixture of ferrous chloride and hydrogen peroxide into three trunk sewers. • The proposed Buena Park site (near Stage Road and Dodds Avenue) is an ideal location for the ferrous chloride application because it allows access to two major sewer trunk lines; the Miller Holder Trunk and the Knott Interceptor. This site is also the only available location that is in an industrial area and not near any residential housing. • The property is owned by Stage Road LLC and contains an easement that is owned by OCSD. The easement is subsurface and does not give OCSD the right to construct the chemical feed facility. The portion of the property needed (635 square feet) will be subdivided from the existing parcel. • Under the proposed purchase agreement, OCSD will pay $20,000 for the title to the property, up to$2,000 administrative costs for the seller, and all Escrow costs. The agreement will be contingent upon the closing of the Subsequent Environmental Impact Report. • PRIOR COMMITTEE/BOARD ACTIONS April 2004, Steering Committee Closed Session. Authorized Staff to negotiate the purchase of the property on behalf of OCSD KW910ba ern Drzn Reponn5,eenno Cp ftaewl%SteeingC mtl m wp�ee. mype�asa0n1NE Reraaa: oioava Page 1 Book page 9 PROJECT/CONTRACT COST SUMMARY Authorization of $20,000 for the construction budget line item is being requested as shown in the attached Budget Information Table. BUDGET IMPACT ® This item has been budgeted. (Line item: Section 6, Page 13) ❑ This item has been budgeted, but there are insufficient funds. ❑ This item has not been budgeted. ❑ Not applicable (information item) No change to the project budget is being requested. ADDITIONAL INFORMATION OCSD has been discussing the purchase of this property with Stage Road LLC since October of 2003. Since then, OCSD staff has obtained a property appraisal. At the April 2004 Steering Committee, Closed Session, Staff was given the authority to negotiate for the purchase of this property. Since then, Stage Road LLC has offered a selling price of$20,000. ALTERNATIVES 1. Do not purchase the property and not proceed with the project at this site. Other possible sites would be difficult to obtain since they are within residential areas. 2. Secure the land on a long term lease. Staff estimates that this will cost OCSD over $76,000 (with no escalation provisions) through a 50 year lease agreement. 3. Condemnation of the property using eminent domain. CEOA FINDINGS The need for continuous chemical feed sites were identified in the November 2002 Effluent Pump Station Annex and Collection System Odor & Corrosion Control Program Supplemental Environmental Impact Report. However, this specific site was not identified so it is being included in the Collections System Improvement Project Subsequent Environmental Impact Report. This Subsequent Environmental Impact Report is currently scheduled to be certified in April of 2005. ATTACHMENTS 1. Budget Information Table 2. Area Location Map 3. Architectural Rendering of Proposed Site 4. Aerial Photograph of Site AN:sa HAnlglobeMgentla Draft Repofls65leedng C=mkleal0l-W Sbedng Comideo AR for property purchase-072104.doc H."Wb"We L WWNV do CamYM I-Wa do�M W�Wmar 0721w.Ox awwe mmog Page 2 Book page 10 BUDGET INFORMATION TABLE CONTINUOUS CHEMICAL FEED TREATMENT FACILITY CONTRACT NO. 1- 96 PROPOSED ORIGINAL CURRENT BUDGET PROPOSED FUNDS ZE THIS PROPOSED ESTIMATED ESTIMATED PROJECTA'HASE AUTHORIZED PROJECT INCREASE REVISED AUTHORIZED TO AUTHORIZATION TOTAL EXPENDITURE EXPENDED TO BUDGET BUDGET !DECREASE BUDGET DATE REQUEST AUTHORIZATION TO GATE DATE(X) Phase I-Project Devela ment f 20000 $ 20000 $ 20,000 $ 20.000 $ 29000 145% Phase 2-Prelimma Des' n $ 20000 S 20000 $ 20000 f 20000 S 21862 109% Phase 3-Dssi n $ 154000 $ 169000 $ 169000 $ 169000 S 169000 S 49380 29% m Phase 4-Construction $ 219000 1ESM4.000 S 54400 S 40,000 S 20.000 S 60000 S 1371 2% Phae S-Coduionin S 1000 f 10000 Phas 6-ClowOut S tODO S 10, 0 Phae7-Conbn en S 76000S 88,00 PROJECTTOTAL f 451,000 $ 861.000 $ 249,000 S 269,000 $ 1U1,613 38% Reimbursable Costs PROJECT NET 5 451.000 $ 861.000 $ 861,000 $ 249,000 f 2fi9,000 E 101,613 38% PSA7Contract Desi n PSA Consbuction Conlracl 1 $ 204000 I S 504090 I f 504000 11 AN:sa EOMS 003777073 EOMS.O03753595 Z I aged I—a ILON r v ( ' 4p z co • e CD T 7 r-r.-a EI aBeJ ywg n - Z 0 C 1-7 B R •{ 1� o Z L e l� K 1 z I,q In bI ,'ed 400g • go raw.. • •r � i i i c Pl1 e CD CD � y t4 `' L Jr) ; Q ` » I / a I , f 1k y" STEERING COMMITTEE Meebrg DaW To ad.or Dir. 7/21/04 7/21/04 AGENDA REPORT Item Number Item Numbe e(b) 12(b) Orange County Sanitation District FROM: Robert Ghirelli, Director of Technical Services Originator: Karen Baroldi, Senior Environmental Specialist SUBJECT: Adoption of Revised Grant Funding Program Policy GENERAL MANAGER'S RECOMMENDATION Adopt Resolution No. OCSD 04-22, Establishing A Grant Funding Program Policy and Code of Ethics in Support of Meeting the Contractual Requirements of Awarding Agencies for Monetary Assistance Granted to the District. SUMMARY In order to facilitate the operation of the grant funding program, OCSD must adopt a Grant Funding Program Policy to allow for the General Manager or his designee to apply for and enter into contractual agreements with federal, state and local agencies. The Policy also allows the General Manager or his designee to develop procedures for administration of the program, and it includes a Code of Ethics to provide compliance with grant requirements. PRIOR COMMITTEE/BOARD ACTIONS Adoption of Resolution OCSD 04-11; April 28, 2004 Board Meeting. PROJECT/CONTRACT COST SUMMARY N/A BUDGETIMPACT ❑ This item has been budgeted. (tine item: ) ❑ This item has been budgeted, but there are insufficient funds. ❑ This item has not been budgeted. ® Not applicable (No budget implications) ADDITIONAL INFORMATION Earlier this year OCSD received a $250,000 grant for its Fats, Oils and Grease Program under the auspices of the State Water Resources Control Board (SWRCB) Proposition 13 Water Bond monies. As OCSD prepared to enter into a contract to receive this grant, it became apparent that the General Manager lacked speck authority to enter into this contract under the requirements of the SWRCB. In order to remedy the c�m sm�S "S%Tw tr1wnw FIW% .Bi tllelC Pr V Mr,, x --^ ^ Page 1 Btwk page 15 situation, the Board of Directors adopted a resolution specifically authorizing the General Manager to enter into a contract with the SWRCB to receive the grant monies and administer the program. The proposed Resolution will allow the General Manager or his designee to enter into future grant contracts and conduct grant administration without bringing individual resolutions to the Board of Directors for each new grant award. ALTERNATIVES No Action CEQA FINDINGS N/A ATTACHMENTS Proposed Resolution No. OCSD D4-22,Adoption of the Grant Funding Program Policy and Code of Ethics C Zo--ems and senjneaeaoeuam aema,rihaw�tx(q a Pn p,dan"WYdba Ra—d M�03 Page 2 Book page 16 RESOLUTION NO. OCSD 04-22 ESTABLISHING A GRANT FUNDING PROGRAM POLICY AND CODE OF ETHICS A RESOLUTION OF THE BOARD OF DIRECTORS OF ORANGE COUNTY SANITATION DISTRICT ESTABLISHING A GRANT FUNDING PROGRAM POLICY AND CODE OF ETHICS IN SUPPORT OF MEETING THE CONTRACTUAL REQUIREMENTS OF AWARDING AGENCIES FOR MONETARY ASSISTANCE GRANTED TO THE DISTRICT WHEREAS, it is the intent of the District to pursue publicly available federal, state, and local monies for District approved projects where the projected economic benefits are greater than the costs. WHEREAS, the District has been awarded monetary assistance from and entered into contractual agreements with federal and state agencies to receive monetary assistance for District projects. These contractual agreements commit the District to comply with awarding agencies requirements. Hence the District is required to develop policies and ethics relating to the management of monetary assistance awards. The awarding agencies require the governing body, Board of Directors, to specify and grant approval of the Grant Funding Program Policy and Code of Ethics. NOW, THEREFORE, the Board of Directors of Orange County Sanitation District, DOES HEREBY RESOLVE, DETERMINE AND ORDER: ARTICLE I GRANT FUNDING PROGRAM POLICY Section 1: Policy Statement It is the policy of the District to pursue publicly available federal, state and local monies for all types of projects including the collection, treatment, recycling and disposal of wastewater and biosolids, monitoring and research, and environmental stewardship and watershed activities. Each division is responsible to inform the District's grant coordinator, at the earliest date possible, about their projects and to work cooperatively with the grant writer to locate and secure funds for the project. 1 Book page 17 Section 2: Polic The District Board of Directors, as the agency's governing body, gives authorization for the General Manager, or authorized representative or designee, to apply for and enter into contractual agreements with federal, state, and local agencies for funding assistance and to commit the institutional, managerial and financial resources (including funds sufficient to pay the non-federal, non-state, or non-local share of project cost)to ensure proper planning, management and completion of the obligations required by the awarding agencies. The District's Director of Finance, as the agency's Chief Financial Officer, or designee, the Controller, have the authorization to conduct financial transactions relating to payment from assistance awards. The General Manager, or authorized representative or designee, shall develop procedures for administration of the Grant Funding Program and shall report annually to the Board of Directors on the Program's implementation. The District management and staff involved in grant assistance administration shall follow the Orange County Sanitation District Grant Funding Program's Code of Ethics. The District shall give the awarding agency, through any authorized representative, access to and the right to examine all records, books, papers or documents related to the award. The District shall also give such access to the Comptroller General of the United States and or the State, as appropriate. The District will handle grant funds pursuant to generally accepted accounting standards and directives of the awarding agency. ARTICLE II GRANT FUNDING PROGRAM CODE OF ETHICS District staff and vendors involved in projects funded by grant money or other monetary assistance shall follow all applicable laws and regulations that govern the award. For federal grants, the District shall contact the State Single Point of Contact for Federal Executive Order 12372 to determine whether the application is subject to the state intergovernmental review process. Except as otherwise required by law, the District shall not release information to the public relating to an assistance award that mentions the awarding agency by name, or any agency employee, without the awarding agencies approval. 2 Book page 18 The District shall follow the Code of Ethics of the Purchasing Division and, as applicable, state or federal procurement standards on assistance funded projects. The District grant coordinator or designee involved in the administration of assistance awards shall not be involved in the hiring of staff or procurement of contracts for services funded through assistance awards. The District shall ensure that safeguards are in effect to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. The District shall certify that no federal appropriated funds have been paid or will be paid, by or on behalf of the District, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. PASSED AND ADOPTED at a regular meeting held July 21, 2004. Chair ATTEST: Board Secretary 3 Book pagc 19 STEERING COMMITTEE Meeting Date i To Bd.ofDir. 7/zl/oa AGENDA REPORT Item Number Rem Number B.c Orange County Sanitation District FROM: Blake P. Anderson, General Manager Originator: Gail Garrett, Committee Secretary SUBJECT: Agenda Items for Consideration by Working Committees GENERAL MANAGER'S RECOMMENDATION SUMMARY The Working Committees will not be meeting in August. PROJECT/CONTRACT COST SUMMARY N/A BUDGETIMPACT ❑ This item has been budgeted. (Line item: ) ❑ This item has been budgeted, but there are insufficient funds. ❑ This item has not been budgeted. ® Not applicable (information item) ADDITIONAL INFORMATION NA ALTERNATIVES NA CEQA FINDINGS Not a project. ATTACHMENTS NA es u.,r,ti rage 20 STEERING COMMITTEE Meeting Date To Be.of Dir. Tmro< AGENDA REPORT Item Number Rem Number Orange County Sanitation District e.D FROM: Blake P. Anderson, General Manager Originator: Gail Garrett, Committee Secretary SUBJECT: 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 July 21, 2004 meeting. SUMMARY Staff routinely prepares for the Steering Committee lists 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 at the July 21, 2004 meeting: 9. Ratifying payment of claims of the District, by roll call vote, as follows: ALL DISTRICTS 06/15/04 06/30/04 Totals $11,677,418.41 $17,379,084.13 CONSENT CALENDAR 10. Consideration of motion to approve all agenda items appearing on the Consent Calendar not specifically removed from same, as follows: a. No items to be considered END OF CONSENT CALENDAR 11. Consideration of items deleted from Consent Calendar, if any. Back page 21 COMMITTEE REPORTS AND RECOMMENDED ACTIONS 12. STEERING COMMITTEE Consent Calendar a. Order draft Steering Committee Minutes for the meeting held on June 23, 2004 to be filed. b. Adopt Resolution No. OCSD 04-22, Establishing A Grant Funding Program Policy and Code of Ethics in Support of Meeting the Contractual Requirements of Awarding Agencies for Monetary Assistance Granted to the District. Non-Consent Calendar C. Review and consideration of agenda items considered by the Steering Committee re the June 23, 2004 meeting. d. Consideration of items deleted from Steering Committee Consent Calendar, if any. 13. OPERATIONS, MAINTENANCE AND TECHNICAL SERVICES COMMITTEE (OMTS) OMTS Consent Calendar a. Order draft Operations, Maintenance and Technical Services Committee Minutes for the meeting held on July 7, 2004 to be filed. OMTS Non-Consent Calendar b. Consideration of items deleted from OMTS Committee Consent Calendar, if any 14. PLANNING, DESIGN AND CONSTRUCTION COMMITTEE (PDC) PDC Consent Calendar a. Order draft Planning, Design and Construction Committee Minutes for the meeting held on July 1, 2004 to be filed. H`OMN NSwlry CmmWib1 MIUl dMa 1a Yy�w) n.xwa vycna Page 2 Bayk page 22 b. (1) Approve a budget amendment of$450,000 for Solids Storage and Truck Loading Facility at Plant No. 2, Job No. P2-60, for a total budget of $15,400,000; and, (2) Ratify Change Order No. 5 to Solids Storage and Truck Loading Facility at Plant No. 2, Job No. P2-60, with Travelers Casualty and Surety Company of America (Travelers), authorizing an addition of $112,071, increasing the total contract amount to $10,887,358. C. Ratify Change Order No. 3 to Warner Avenue Relief Sewer, Contract No. 11-22, with ARB, Inc., authorizing an addition of $35,193, increasing the total contract amount to $5,459,342. d. Ratify Change Order No. 8 to Bushard Trunk Sewer Rehabilitation, Job No. 1-2-4, with Steve P. Rados, Inc., authorizing an addition of $230,317, increasing the total contract amount to $31,516,326. e. Approve Professional Services Agreement with PBSM for engineering services for the Rehabilitation of Westside Pump Station, Contract No. 3- 52, for an amount not to exceed $1,164,721. I. Approve Amendment No. 3 to the Professional Services Agreement with HDR Engineering for design of Activated Sludge Plant Rehabilitation, Job No. P1-82, providing for additional engineering services for an additional amount of $203,906, increasing the total amount not to exceed $3,427,864, g. Approve Amendment No. 6 to the Professional Services Agreement with SPEC Services, Inc. for Standby Power and Reliability Improvements to Treatment Plant Nos. 1 and 2, Job No. J-33-1, providing for additional engineering services for an additional amount of $130,791, increasing the total amount not to exceed $3,114,554. h. (1) Approve time extensions to Cooperative Projects Program contracts with the Cities of Fullerton (Contract No. 0205) and Orange (Contract No. 0129); and, (2) Approve additional funding of $21,750 for the City of La Habra (Contract No. 0108, Amendment 1). PDC Non-Consent Calendar i. Consideration of items deleted from PDC Committee Consent Calendar, if any M VepMpaiOa�dng CwnnMebOVW➢] II Uo a M WN'2ovE eamsee. arzase Page 3 Book page 23 I 15. FINANCE ADMINISTRATION AND HUMAN RESOURCES COMMITTEE (FAHR) FAHR Consent Calendar a. The Finance, Administration and Human Resources Committee meeting to be held on July 14, 2004 was cancelled. The following items have not been reviewed by the committee. Therefore, staff is recommending these items be approved by the Board of Directors. b. Receive and file Treasurer's Report for the month of June 2004. C. Adopt Resolution No. OCSD 04-20, Amending Resolution No. OCSD 98-33, Amending Human Resources and Policies Procedures Manual. d. Adopt Resolution No. OCSD 04-21, Authorizing the District's Treasurer to Invest and/or Reinvest District's Funds; Adopting District's Investment Policy Statement and Performance Benchmarks for FY 2004-05; and Repealing Resolution No. OCSD 03-17. e. Receive and file Communications and Administrative Services Strategic Plan FY 2004-2005. FAHR Non-Consent Calendar f. Consideration of items deleted from FAHR Committee Consent Calendar, if any 16. GWR SYSTEM STEERING COMMITTEE (GWRSSC) GWRSSC Consent Calendar a. Order Joint Groundwater Replenishment System Cooperative Committee Minutes for the meeting held on June 14, 2004 to be filed. GWRSSC Non-Consent Calendar b. Consideration of items deleted from GWRSSC Consent Calendar, if any. NON-CONSENT CALENDAR 17. Ratify use of General Manager's emergency purchasing authority pursuant to Resolution No. OCSD 04-08, to issue a sole source contract to MJK Construction, Inc. for Underground Storage Tank Remediation at the Blower Building, Plant 1, Job No. FE04-43, in an amount not to exceed $132,000. H:weWa�evs,eanna ca,.mreenaw,amoa iin o�ans mr.wY emio-e..�.am Aw;ioe. arzo,sa Page 4 Book page 24 18. Adopt Ordinance No. OCSD-24, Adopting Revised Table G re Permittee Charges for Use and Reaffirming All Other Charges, An Ordinance of the Board of Directors of Orange County Sanitation District Establishing Sanitary Sewer Service Charges; Establishing Capital Facilities Capacity Charges; Adopting Miscellaneous Charges and Fees relating to Industrial Charges, Source Control Permittees and Wastehaulers; and Repealing Ordinance No. OCSD-22: a. Open meeting 1. Receive and file written comments, if any 2. Verbal report of Director of Finance 3. Verbal report of General Counsel 4. Directors' questions 5. Public comments b. Close meeting C. Discussion by Board of Directors d. Recommended actions: 1. Motion to read Ordinance No. OCSD-24 by title only and waive reading of said entire Ordinance. (The waiver of the reading of the entire Ordinance must be adopted by a unanimous vote of Directors present.) 2. Motion to adopt Ordinance No. OCSD-24, Adopting Revised Table G re Permittee Charges for Use and Reaffirming All Other Charges, An Ordinance of the Board of Directors of Orange County Sanitation District Establishing Sanitary Sewer Service Charges; Establishing Capital Facilities Capacity Charges; Adopting Miscellaneous Charges and Fees relating to Industrial Charges, Source Control Permittees and Wastehaulers; and Repealing Ordinance No. OCSD-22. 19. Recess by Board of Directors, Orange County Sanitation District 20. Call to Order, Board of Directors, Orange County Sanitation District Financing Corporation. a. Roll Call eeonww�suenm cmn.neamueenioa us a nm ie,ziv mao-e,.�.mc amm awn Page 5 Book page 25 b. If no corrections or amendments are made, the Minutes for the meeting held on July 23, 2003, will be deemed approved, and be so ordered by the Chair. C. Report of the Director of Finance 21. Adjourn, Board of Directors, Orange County Sanitation District Financing Corporation. 22. Reconvene, Board of Directors, Orange County Sanitation District 23. Closed Session a. Convene in dosed session, if necessary 1. Confer with General Counsel re Santa Ana Watershed Project Authority v. Orange County Sanitation District, Orange County Superior Court Case No. 04CC06197 (California Government Code Section 54956.9). 2. Confer with General Counsel re Orange County Sanitation District v. County of Kings, at al., Kings County Superior Court Case No. 02C0835 (California Government Code Section 54956.9). 3. Confer with General Counsel re Orange County Sanitation District, at al. v. County of Kem, at al., Tulare County Superior Court Case No. 189564 (California Government Code Section 54956.9). 4. Confer with Real Property Negotiator pursuant to Government Code Section 54956.8. Property: 5856 Warner Avenue, Huntington Beach, California Agency Negotiator: James D. Herberg Negotiating Parties: Samuel and Dorothy Elster Under Negotiation: Instruction re price, terms, and conditions for the purchase, sale, exchange, or lease of subject property. Contract No. 11-29 Purchase of Easements n`�jNao�aa�5!w;ro eo+mnm!UfVUMT1!Oa lis a!n0.s!w ltr�y.4v.]ex a2�a Page 6 Book page 26 LAW OFFICES OF WOODRUFF, SPRADLIN & SMART �• A PROFESSIONAL CORPORATION MEMORANDUM TO: Chair and Members of Steering Committee Orange County Sanitation District FROM: General Counsel DATE: July 14, 2004 RE: Davis-Bacon Act ISSUE AND CONCLUSION We have been asked to prepare a brief report to the Committee on what is the Davis-Bacon Act, the pros and cons of getting the Act repealed, and the likelihood of getting it repealed. In short, the Davis-Bacon Act is the federal Prevailing Wage Law, which requires all federally financed or assisted construction projects in excess of $2,000 to pay prevailing wages as determined by the U.S. Secretary of Labor. The arguments in favor and against the Act are based on general policy issues involving wages and the cost of labor. The Act was adopted in response to labor union requests, and the major unions in the U.S. are still the biggest supporters of the Act. It seems unlikely that the Act would be repealed because organized labor is still behind it. GENERAL SUMMARY OF THE DAVIS BACON ACT The Act requires the payment of prevailing wages on federally-funded projects exceeding $2,000 for the construction, alteration and/or repair, including painting and decorating, of public buildings or public works. 40 U.S.C. §§ 276a - 276aB5. The fundamental purpose of the Act is to ensure that all those employed on the work are paid at least at a level concurrent with their occupation and that a system of record keeping is in place. The standards and procedures for establishing the prevailing wages and the record-keeping of certified payroll records are very similar to the California Prevailing Wage Law. Thus, the California Building Trades Council states that the California Prevailing Wage Law is known as the "Little Davis-Bacon Act". When the Davis-Bacon Act and the state prevailing wage statutes apply to a particular contract, the contractor will likely be required to pay the higher of the two wages. ISLnertellLLocel Chair and Members of Steering Committee July 14, 2004 Page 2 DEBATE OVER PREVAILING WAGE STATUTES As to the arguments for the Act and prevailing wages in general, the California Building Trades Council has stated as follows: "In recent years, some states have abolished the prevailing wage, and are now experiencing negative results. A study performed at the University of Utah revealed that in those states there was a tripling of cost overruns on public projects, a 15 percent increase in construction injuries, and a 40 percent decline in apprenticeship training. All of this to save an estimated 1.7 percent in state construction costs." Similar information is included in the U.S. Congressional Record, "Benefits of the Davis-Bacon Act," 142 Cong. Rec. H 5996, Thursday, June 6, 1996, 104" Congress 2n0 Session. On the other hand, opponents argue that the Act is inflationary and fosters racism. For example, opponents claim that the U.S. Secretary of Labor illegally sets the prevailing wage at the union wage or higher, regardless of the average wage that is in effect in the affected locality. Additional analysis of the Davis-Bacon Act includes the following: "Passed at the beginning of the Depression at the instigation of the labor union movement, Davis-Bacon was designed explicitly to keep black construction workers from working on Depression-era public works projects. The act continues today to restrict the opportunities of black workers on federal and federally subsidized projects by favoring disproportionately white, unionized and skilled workers over disproportionately black, non-unionized and unskilled workers. ... Davis-Bacon has survived the civil rights revolution, every attempt to repeal it, and most attempts to reform it, because it is a legislative jewel in organized labor's crown. Civil rights groups--with the political clout to challenge the act--should be natural enemies of Davis- Bacon. But over the years they have agreed to swallow their principles and support the law in exchange for political and economic support from the AFL-CIO" MNQ r mLo l Chair and Members of Steering Committee July 14, 2004 Page 3 The foregoing examples indicate that the debate is politically-charged, and a full analysis would require an extensive socio-economic study of the effect of prevailing wage statutes in the Nation, and perhaps the State, which is beyond the scope of the task at hand. LIKELIHOOD OF REPEAL Given the fact that organized labor is still behind the Act and has been since its inception in 1931, it is unlikely that the Act could be repealed easily without a major national debate and substantial public disdain for government control over the payment of wages for govemment-funded public construction projects. Let me know if you need additional assistance or information pertaining to this matter. THOMAS F. NIXON ASSISTANT GENERAL COUNSEL cc: General Manager General Counsel HWplbppnC0l9t.l CamnTepWl1PDT110!M!$ RWG COMMRiEE PE oRVISBFLUNIL!_r1.GM. 5. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8. Property: 5781 Rogers Drive, Huntington Beach, California Agency Negotiator: James D. Herberg Negotiating Parties: Robert and Kellie Nicholas Under Negotiation: Instruction re price, terms, and conditions for the purchase, sale, exchange, or lease of subject property. Contract No. 11-29 Purchase of Easements 6. Confer with General Counsel —Anticipated Litigation. California Government Code Section 54956.9(b) —One matter. 21. Reconvene, Board of Directors, Orange County Sanitation District PROJECT/CONTRACT COST SUMMARY N/A BUDGETIMPACT ❑ This item has been budgeted. (Line item: ) ❑ This item has been budgeted, but there are insufficient funds. ❑ This item has not been budgeted. ® Not applicable (information item) ADDITIONAL INFORMATION NA ALTERNATIVES NA CEQA FINDINGS Not a project. ATTACHMENTS NA 99 H,apNpntlelS,eMry CwmitleaNfUWOR100 W of PRa for JW�W.7.Ox aw.1JAM6 Page 7 Book page 27 ORANGE COUNTY SANITATION DISTRICT (714)962-2411 Mailing Address: P.O. Boa 8127 Fountain Valley, California 92728-8127 Street Address: 10844 Ellis Avenue Fountain Valley, California 92708-7018 OCSD 2/13/03