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HomeMy WebLinkAbout2004-12-15 DRAFT MINUTES OF STEERING COMMITTEE MEETING Wednesday, December 15, 2004 A meeting of the Steering Committee of the Orange County Sanitation District was held on Wednesday, December 15, 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: Thomas L. Woodruff, General Counsel Directors Present: Joe Forbath Steve Anderson, Chair Don Hughes Carolyn Cavecche, Chair, OMTS Committee Roy Moore, Chair, FAHR Committee STAFF PRESENT: Tod Ridgeway, Chair, PDC Committee Blake Anderson, General Manager Jim Silva, County Supervisor Bob Ghirelli, Director of Technical Services David Ludwin, Director of Engineering Carol Beekman, Director of Communications and Directors Absent Administrative Services Jim Ferryman,Vice Chair Gail Garrett, Committee Secretary Layne Baroldi, Legal & Regulatory Affairs Liaison (2) APPOINTMENT OF CHAIR PRO TEM FILED IN THE OFFICE OF THE SECRETARY No appointment was necessary. ORANGE C IWI. SANITATInN DISTRICT J`AANN 26 2005 (3) PUBLIC COMMENTS BY / -- There were no comments by any member of the public. (4) RECEIVE. FILE AND APPROVE MINUTES OF PREVIOUS MEETING The minutes of the November 17, 2004 Steering Committee meeting were approved as drafted. Minutes of the Steering Committee Page 2 December 15, 2004 (5) REPORT OF THE COMMITTEE CHAIR Committee Chair Steve Anderson reported on his trip to Washington D.C. to attend the California Congressional meetings. He met with Congresswoman Loretta Sanchez and her staffman Christopher Cox. OCSD will receive an appropriation of$800,000 for secondary treatment. SAW PA received $300,000 and GWRS$2.5 million which,when added to other grants we have received, brings the GWRS grant total to$92.5 million. Chair Anderson will be presenting resolutions to Shirley McCracken, John Collins, Anna Piercy, Patricia Bortle and Paul Walker, commending them for their many years of service to the District. Directors Mike Duvall and Carolyn Cavecche were appointed voting members to the GWRS Committee, and Jim Ferryman, Don Bankhead and Larry Crandall as alternates 1, 2, and 3 respectively. City of Anaheim appointed Council Member Harry Sidhu and City of Cypress has appointed Phil Leubben to the OCSD Board of Directors. Chair Anderson and Supervisor Jim Silva will be attend the CASA conference in Palm Springs next month, as will Bob Ghirelli and Jim Colston. The three Standing Committees will not meet in January. The Steering Committee will meet on January 26, 2005 at 5:00 p.m. There will be a 15-minute meet-and-greet to welcome new Directors at 7:00 p.m. prior to the Board meeting,which will begin at 7:15 p.m. The meeting schedule for February was announced. Chair Anderson said he would seek a resolution to adjourn the Board meeting in memory of Director Dick Edgar, who was a past Board Chair, and provided leadership to the District for most of the 1980's. He represented the City of Tustin where he was on the city council for over 10 years. (6) REPORT OF THE GENERAL MANAGER A. OCBC Executive Committee General Manager Blake Anderson announced he has been elected to the Orange County Business Council's Executive Committee to serve in the capacity of a Vice Chair for Public Infrastructure. A memorandum from Mr. Anderson to the Steering Committee was handed out, outlining OCBC's 2005 objectives. The Directors approved his request. B. Huntington Beach Conference and Business Visitors Bureau Mr.Anderson reported the HBCBVC request for the Sanitation District to invest in an advertising campaign was considered by the FAHR Committee last Wednesday night. Carol Beekman, Director of Communications and Administrative Services, gave an overview of the sequence of events and briefed the Directors on the outcome of the FAHR meeting. General Counsel issued an opinion that was shared with the FAHR Committee that the proposal, as written,would constitute an unlawful gift of public funds. Dr. Robert Ghirelli, Director of Technical Services, had provided an opinion that the HBCVB proposal would not qualify for the RWQCB's supplemental Minutes of the Steering Committee Page 3 December 15, 2004 environmental projects which are designed to build facilities that improve water quality or restore habitat. Ms. Beekman handed out copies of a letter to Doug Traub, President and CEO of HBCVBA, informing him of the FAHR committee's direction to continue with the planned efforts for community outreach and outlining the considerable public outreach efforts the District has conducted in the past to promote education and ensure the public knows our coastal water is safe and clean. C. OCLS IV The fourth annual Orange County Leadership Symposium begins mid-day Friday, January 10 and ends mid-day Sunday, January W at UCLA's Conference Center in Lake Arrowhead. The Flyer and registration form is in tonight's agenda packages. D. Right of Way Issue Mr.Anderson alerted the Directors of the right-of-way issue that is developing In Costa Mesa and gave handouts of a map of the area which is impacted. Twenty-seven homeowners have been given formal notice to remove the encroachments from District's property. Mr. Anderson noted that it will take some time for the property owners to comply, and the District is willing to work with them. (7) REPORT OF GENERAL COUNSEL General Counsel Tom Woodruff reported that pending and anticipated litigation will be discussed in closed session, with regards to SAWPA, Bushard trunk, Yakima, and RWOCB Administrative Civil Liability Complaint. (8) DISCUSSION ITEMS (Items A-C) A. Date and time for New Board Orientation: Three dates for the New Board Orientation were put forth for discussion and consideration by the Steering Committee. The Directors approved Wednesday, February 15, 2005 from 5:00—7:00 p.m.for the New Board Orientation. Director Carolyn Cavecche noted that, in Item 12(d)Dr. Stephen Weisberg, Executive Director of SCCWRP,was to present a report prior to the Board's consideration of the Item. Dr. Ghirelli responded that Dr. Weisberg is out of town and his associate had a personal commitment this evening. A report will be provided at a later date. B. The three Standing Committees will not be meeting in January. C. 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. Minutes of the Steering Committee Page 4 December 15,2004 (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, January 26, 2005 at 5 p.m. There will be a 15-minute meet-and-greet gathering on Wednesday, January 26, 2005 beginning at 7 p.m. The next Board Meeting is scheduled for Wednesday, January 26, 2005 at 7:15 p.m. (13) CLOSED SESSION The Committee convened at 5:55 p.m. in Closed Session, pursuant to Section 54956.9 and Section 54956.9(b), to discuss pending litigation and anticipated 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 6:50 p.m., the Committee reconvened in regular session. (14) ADJOURNMENT The Chair declared the meeting adjourned at 6:50 p.m. Submitted by: Gail Garrett Steering Committee Secretary Nb Wenesl!ix LammMx1200NtOn+r30e SC M BOWL xOw 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, December 15, 2004,was duly posted for public inspection in the main lobby of the District's offices on Thursday, December 9, 2004. IN WITNESS WHEREOF, I have hereunto set my hand this 15th day of December, 2004. Penny Kyle, S cretary of{iA Board of Directors of Orange County Sanitation District Posted: —December 9 2004 12:00 o.m. By: G� Signature wpdwQmws mm)postng.im 6 ORANGE COUNTY SANITATION DISTRICT pbn.: (714)962 2411 fa.: 17141962D 56 onsonee.J.. .Ili, NOTICE OF MEETING we"lon any .CA OF THE 92J28-B12J �,�: STEERING COMMITTEE 1O844 Ellis Avenue °un927008-70 s ORANGE COUNTY SANITATION DISTRICT Memter "°aa"aa WEDNESDAY, DECEMBER 15, 2004 -5 P.M. • Cities An.he,m DISTRICT'S ADMINISTRATIVE OFFICE Be Park een 10844 ELLIS AVENUE Lypress aanan 1911ey FOUNTAIN VALLEY, CALIFORNIA 92708 Fullerten GeMen Grove Hen4ngtan Beach Irvine Le Ha6re Le Palma A regular meeting of the Steering Committee of the Board of Directors of Lea Alama Newport Beacchh g y Orange Count Sanitation District will be held at the above location, date and Grange time. Placentia Banta Ann Seel Beech Started Testin Naa Park Yor6a LmCa County o1 Ormy. {mks, Oined". costa Mesa Midway ed, w.t.r Mottles. o-nna Bench H:ldephagenda\Steering Committee\2004\1204\121504 SC Meeting Notice Form.l.doc To mamtam world class leadershq m wastewater and water resource management. STEERING COMMITTEE AND BOARD MEETING DATES FOR THE NEXT TWELVE MONTHS 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 Wednesday, August 24, 2005 Wednesday, September28, 2005 Wednesday, October 26, 2005 'Wednesday, November 16, 2005 `Wednesday, December21, 2005 'Tentatively rescheduled from regular fourth Wednesday. Hldepl\agenda\Steering CommitteeM Meeting Dates Folm2.doc STEERING COMMITTEE (1) Roll Call: Meeting Date: December 15 . 2004 Meeting Time: 5 p.m. Meeting Adjourned: p.m. Committee Members Steve Anderson, Board Chair.............................................❑ Jim Ferryman, Board Vice Chair......................................... ❑ Roy Moore, FAHR Committee Chair................................... ❑ Carolyn Cavecche, OMTS Committee Chair....................... ❑ Tad Ridgeway, PDC Committee Chair................................ ❑ Jim Silva, Supervisor.......................................................... ❑ Others Thomas L. Woodruff, General Counsel ❑ Brad Hogin ❑ 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 Finance/Treasurer........................❑ Lisa Tomko, Director of Human Resources ❑ Carol Beekman, Director of Communication and Administration Services ❑ Gail Garrett, Committee Secretary ❑ c: Lenora Crane KWepgagenda0eenng Commltleet200CRoll Call Sheet Fo .&&c AGENDA REGULAR MEETING OF THE STEERING COMMITTEE ORANGE COUNTY SANITATION DISTRICT WEDNESDAY, DECEMBER 15, 2004 AT 5 P.M. ADMINISTRATIVE OFFICE 10844 Ellis Avenue Fountain Valley, California Acenda 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,or as 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 Adjournment: This meeting 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 (3) PUBLIC COMMENTS All persons wishing to address the Steering Committee on specific agenda items or matters of Book Page 1 -2- December 15, 2004 Agenda general interest should do so at this time. As determined by the Chairman, speakers may be deferred until the specific item is taken for discussion and remarks may be limited to three minutes. Matters of interest addressed by a member of the public and not listed on this agenda cannot have action taken by the Committee except as authorized by Section 54954.2(b). (4) APPROVE MINUTES OF PREVIOUS MEETING Approve draft minutes of the November 17, 2004 Steering Committee meeting. (5) REPORT OF COMMITTEE CHAIR (6) REPORT OF GENERAL MANAGER (7) REPORT OF GENERAL COUNSEL (8) DISCUSSION ITEMS (Items A-C) A. Date and time for New Board Orientation B. Review Agenda Items scheduled to be presented to Committees in January (January is dark for all three committees) C. Review and consideration of Agenda Items for Board of Directors Meeting of December 15, 2004 (9) OTHER BUSINESS, COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY (10) MATTERS WHICH A DIRECTOR WOULD LIKE STAFF TO REPORT ON AT A SUBSEQUENT MEETING (11) MATTERS WHICH A DIRECTOR MAY WISH TO PLACE ON A FUTURE AGENDA FOR ACTION AND STAFF REPORT (12) FUTURE MEETING DATES The next Steering Committee Meeting is scheduled for 5 p.m.,Wednesday,January 26, 2005. The next Board Meeting is scheduled for 7 p.m.,Wednesday, January 26, 2005. Book Page 2 -3- December 15, 2004 Agenda (13) CLOSED SESSION During the course of conducting the business set forth on this agenda as a regular meeting of the Steering Committee, the Chair may convene the Committee in closed session to consider matters of pending real estate negotiations, pending or potential litigation, or personnel matters, pursuant to Govemment 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, if necessary I. Confer with General Counsel re pending litigation, Santa Ana Watershed Protect Authority v. Orange County Sanitation District, Orange County Superior Court Case No. 04CC06197, Government Code Section 54956.9. 2. Confer with General Counsel re pending litigation, Orange County Sanitation District v. Santa Ana Watershed Protect Authority, Orange County Superior Court Case No. 04CC0l 1345, Government Code Section 54956.9. 3. Confer with General Counsel-Anticipated Litigation. Significant Exposure to Litigation, Government Code Section 54956.9(b): Three(3) matters. B. Reconvene in regular session C. Consideration of action, if any, on matters considered in closed session. (14) ADJOURNMENT 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)664-2605 Committee Secretary: Gail Garrett (714)593-7101 (714)962-0356 (Fax) E-mail: ggamed@=d.com H`bgWp,LLalSi MCwftuW Nl3 %l 21sw Rje,pa 4Ox Book Page 3 MINUTES OF STEERING COMMITTEE MEETING Wednesday, November 17, 2004 A meeting of the Steering Committee of the Orange County Sanitation District was held on Wednesday, November 17, 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 Jim Ferryman, Vice Chair Don Hughes Carolyn Cavecche, Chair, OMITS Committee Tod Ridgeway, Incoming Chairman, PDC STAFF PRESENT: Committee Blake Anderson, General Manager Roy Moore, Chairman, FAHR Committee Bob Ghirelli, Director of Technical Services Jim Silva, County Supervisor Bob Dolan, Director of Operations and Shirley McCracken, Past Board Chair Maintenance Carol Beekman, Director of Communications and Directors Absent: Administrative Services Steve Anderson, Chair Gail Garrett, 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 October 27, 2004 Steering Committee meeting were approved as drafted. Book Page 5 Minutes of the Steering Committee Page 2 November 17, 2004 (5) REPORT OF THE COMMITTEE CHAIR Committee Vice Chair Jim Ferryman announced that Chair Steve Anderson was in Washington, DC, doing the rounds with members of the Orange County delegation. Information packets are available for the Directors for the 2005 CASA Mid-Year Conference at the Palm Springs Hilton, January 19 through January 22. If Directors plan to attend, please let Gail Garrett know as soon as possible. Vice Chair Ferryman made the following announcements. Director Tom Ridgeway has been appointed Chair of the Planning, Design and Construction (PDC) Committee,effective immediately. Vice Chair Ferryman thanked Director Donahue for his service as the PDC Committee Chair this past year. Vice Chair Ferryman has been appointed to both GWRS and the Council of Governments (COG), and Director Darryl Miller to GWRS. The Steering Committee will adjourn to Conference Rooms A and B at 6:30 p.m. for Wes Bannister's reception to congratulate him on his appointment as Chairman of the Metropolitan Water District of Southern California. He is only the second Orange County chairman to attain this honor in the agency's 75-year history. The District has received its new ocean discharge permit from EPA and the Consent Decree was formally filed in the United States District Court in Santa Ana. Finally,Vice Chair Ferryman announced the standing committee meeting dates for December. The Urban Runoff Ad Hoc Committee quarterly meeting is scheduled for December 1"at 3 p.m. and due to the holidays, the Board will meet one week earlier, on December 15°. (6) REPORT OF THE GENERAL MANAGER General Manager Blake Anderson reported on: A. Legal Services General Manager Blake Anderson gave an overview of the report provided by Mr. Darrell Cohoon, an independent management consultant,on the scope of legal services, relative costs, and overall level of performance. He outlined the steps that have been taken in the last six months to review cost monitoring and possible cost savings measures with each of the Departments. General Counsel Tom Woodruff commended Ms. Olga Cervantes on her performance at the District as Principal Contracts Administrator. Her presence at the District has reduced and will continue to reduce General Counsel services, thereby resulting in significant cost savings to the District. Director Jim Silva questioned the high cost of legal services for last year. Mr. Woodruff responded that this was largely due to recent litigation. Director Ridgeway requested that General Manager Anderson and the Director of Finance, Gary Streed,submit a report on the breakdown of all legal services. Director Carolyn Cavecche expressed concern regarding conflicts that may arise with General Counsel, and noted that having in-house attorneys would erase all Book Page 6 Minutes of the Steering Committee Page 3 November 17, 2004 possible conflicts. Supervisor Silva and Director Ridgeway concurred. General Manager Anderson advised that Mr. Streed would provide a mid-year report on the breakdown of legal costs for each Department. Vice Chair Ferryman requested that staff circulate the audit results once again. B. Status of Response to the Huntington Beach Visitors and Convention Center Request(HBVCB)for PR Fund General Manager Anderson reported that Chairman Anderson met with the mayors of the beach cities. Mr. Anderson submitted a memo to Chair Anderson re staff recommendations vis-9-vis the HBCVB proposal, including estimated associated costs. Director Cavecche objected to forming another coalition and suggested joining an established coalition. Director Ridgeway named several and noted that Supervisors Wilson and Silva are both on the Orange County Coastal Coalition (OCCC) Board. Don Hughes, Supervisor Silva's assistant, will send a copy of the OCCC membership roster to Director Ridgeway and General Manager Anderson. (7) REPORT OF GENERAL COUNSEL General Counsel Tom Woodruff 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 December were reviewed. General Manager Blake Anderson alerted the Steering Committee that, since January is a dark month for the PDC, an additional Item, OCSD Collection System Model and Strategic Plan Update, Job. No. J-101, will be going directly to the Board for consideration in January. B. 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. (11) MATTERS WHICH A DIRECTOR MAY WISH TO PLACE ON A FUTURE AGENDA FOR ACTION AND/OR STAFF REPORT Book Page 7 Minutes of the Steering Committee Page 4 November 17, 2004 There were none. (12) CONSIDERATION OF UPCOMING MEETINGS Due to the holidays, the Steering Committee and Board will meet one week earlier next month, on December 151"at 5 p.m. and 7 p.m. respectively. (13) CLOSED SESSION The Committee convened at 5:40 p.m. In Closed Session, pursuant to Sections 54956.9, 54956.7, and 54956.9(c)to discuss four items. 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 6:20 p.m.,the Committee reconvened in regular session. (14) ADJOURNMENT The Chair declared the meeting adjoumed at 6:20 p.m. Submitted by: Gail Garrett Steering Committee Secretary H a.P+ewwuim,aq cmmv�nwa�sc nruaea rwm.a eoc Book Page 8 STEERING COMMITTEE Mewing Date To ad.of Mr. 12/15/04 AGENDA REPORT Item Iem Nume B(A) Orange county Sanitation District FROM: Blake Anderson, General Manager Originator: Carol Beekman, Director of Communications and Administrative Services SUBJECT: NEW BOARD ORIENTATION DATES GENERAL MANAGER'S RECOMMENDATION Determine date and time for the New Board Orientation SUMMARY In order to prepare the new Board members prior to the February 23, 2005 Board of Directors meeting, the following three dates for the New Board Orientation have been put forth in order of preference for discussion and consideration by the Steering Committee. • February 16, 2005 (third Wednesday, no committee meetings) from 3-5 p.m. or 5-7 p.m. • February 17, 2005 from 3-5 p.m. or 5-7 p.m. • February 9, 2005 (FAHR committee meeting date) from 3-5 p.m. Note that February 11' and 23r° are holidays, there is a League of Cities meeting on February 1&, and most City Council meetings are on Tuesday, so we did not select any dates on Tuesday. PRIOR COMMITTEEIBOARD ACTIONS PROJECT/CONTRACT COST SUMMARY 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) N:Weq�%IWW M Ne a td onnuom mmeec w.,wd.oswroa Page 1 Book Page 9 ADDITIONAL INFORMATION ALTERNATIVES CEQA FINDINGS N/A ATTACHMENTS N VeWWmOSWemro Lwmmee120'NIIlVt13t5M M New BorE Cnmutcn ann aoc Page 2 Book Page 10 STEERING COMMITTEE Meeting Date 7o Btl.oro . wssioa AGENDA REPORT Item Number Item Number eB1 Orange County Sanitation District FROM: Blake P. Anderson, General Manager Originator: Gail Garrett, Committee Secretary SUBJECT: January Agenda Items for Consideration by Working Committees GENERAL MANAGER'S RECOMMENDATION SUMMARY The Working Committees will not be meeting in January. 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 Book Page 11 STEERING COMMITTEE Meeting Date To ad.of W. 12/15/04 AGENDA REPORT Rem Number I[em Number ero Orange County Sanitation District 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 December 15, 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 December 15, 2004 meeting: CONSENT CALENDAR 9. Consideration of motion to approve all agenda items appearing on the Consent Calendar not specifically removed from same, as follows: a. Approve Amendment No. 2 to Purchase Order No. 101758-OB for Purchase of Cationic Polymer, Specification No. C-2003-143, issued to Polydyne Inc., to provide for the additional purchase of Mannich cationic polymer for a price increase of$0.23, increasing the total unit price to $1.28 per pound, and increasing the total contract amount of$913,000 by $375,000 to an estimated annual amount of$1,288,000 for the period ending June 30, 2005. b. Accept Abandonment of Airbase Trunk Sewer—California Street, Contract No. 6-13-3, as complete, authorizing execution of the Notice of Completion and approving the Final Closeout Agreement with Mike Prlich and Sons, Inc. END OF CONSENT CALENDAR 10. Consideration of items deleted from Consent Calendar, if any. Book Page 13 COMMITTEE REPORTS AND RECOMMENDED ACTIONS 11. STEERING COMMITTEE Consent Calendar a. Order draft Steering Committee Minutes for the meeting held on November 17, 2004 to be filed. Non-Consent Calendar b. Review and consideration of agenda items considered by the Steering Committee re the December 15, 2004 meeting. C. Consideration of items deleted from Steering Committee Consent Calendar, if any. 12. 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 December 1, 2004 to be filed. b. (1) Authorize the General Manager to renew the contract with Cytec Industries for the Purchase of Anionic Polymer, Specification No. C-149, for the period of January 1, 2005 through August 31, 2005, providing for a unit price increase of$0.56 per active pound, for a total unit price of$2.30 per active pound, for an estimated increase of$21,000, increasing the estimated annual cost through August 31, 2005 to $235,000; and, (2) Authorize the General Manager to conduct anionic polymer performance trials in preparation for bidding and awarding a contract for anionic polymer effective September 1, 2005. C. Approve a Consulting Services Agreement with AKM Consulting Engineers for a Dig Alert Technician, Specification No. CS-2004-202, for an amount not to exceed $117,000, plus a contingency of$32,400, for an annual amount not to exceed $149,400, and providing for three one-year extensions. d. Adopt Resolution No. OCSD 04-29, approving the Sixth Amended Joint Powers Agreement with Southern California Coastal Water Research Project Authority (SCCWRP), providing for the initial term of the agreement for one year, with a total term of four years, including extensions effective July 1, 2005 through June 30, 2009, with the District's contribution not to exceed $1,399,527 over the four-year term. XblpNptlgBZ.l ISM IV W A 1v OefnrCer Bvr0.a1<CC Rc W Page 2 Book Page 14 OMTS Non-Consent Calendar e. Consideration of items deleted from OMTS Committee Consent Calendar, if any 13. PLANNING, DESIGN AND CONSTRUCTION COMMITTEE (PDC) PDC Consent Calendar a. Order draft Planning, Design and Construction Committee Minutes for the meeting held on December 2, 2004 to be filed. (Minutes to be distributed at 12115104 Board Meeting.) b. Ratify Change Order No. 2 to Secondary Treatment Facilities Process Upgrades at Plant No. 2, Job No. P2-47-3, with Morrow-Meadows Corporation, authorizing an addition of $12,765, increasing the total contract amount to $4,930,668. C. (1) Ratify Change Order No. 4 to Effluent Pump Station Annex, Job No. J- 77, with J.F. Shea Construction, Inc., authorizing an addition of $174,549, increasing the total contract amount to $43,461,297; and (2) Approve out- of-country travel for two employees to Japan for the purpose of witnessing factory tests associated with pumps, variable frequency drives, and motors that will be installed at the new Effluent Pump Station Annex. d. (1) Approve a budget amendment of$116,086, for Plant Nos. 1 and 2 Facilities Modifications for Odor Control, Job No. J-71-3, for a total budget of$3,760,596; and, (2) Ratify Change Order No. 3 for Plant Nos. 1 and 2 Facilities Modifications for Odor Control, Job No. J-71-3, with J.F. Shea Construction, Inc., authorizing an addition of$116,086, increasing the total contract amount to $2,223,883. e. Ratify Change Order No. 9 for Area Classification Study Implementation Plan, Plant Nos. 1 and 2, Job No. J-35-2, with J.F. Shea Construction, Inc., authorizing an addition of $527,005, increasing the total contract amount to $15,976,454. f. Ratify Change Order No. 16 to Primary Clarifiers 16-31 and Related Facilities, Job No. Pt-37, with Margate Construction, authorizing a deduction of$160,121, decreasing the total contract amount to $71,217.259. g. Ratify invoices rendered under an expired Professional Services Agreement with MDS Consulting for Surveying Services, Specification No. PSA-2001-34BD, for an amount not to exceed $55,000. N V eGa9enGa\Sleal,g LOm,nRU'Opi\1Mt\1z150a Lv o!Pli[lu De¢r,Ov Bx'0.]r I dN Page 3 Book Page 15 i h. Ratify Change Order No. 11 to Bushard Trunk Sewer Rehabilitation, Job t No. 1-2-4, with Steve P. Rados, Inc., authorizing a time extension of 49 calendar days, increasing the total contract duration to 607 calendar days. i. Ratify Change Order No. 12 to Bushard Trunk Sewer Rehabilitation, Job No. 1-2-4, with Steve P. Rados, Inc., authorizing a time extension of 27 calendar days, increasing the total contract duration to 634 calendar days. j. Approve a budget amendment for Activated Sludge Plant Rehabilitation, Job No. P1-82, in the amount of$5,559,000, for a total project budget of $50,128,000. k. (1) Approve budget amendment for Standby Power and Reliability Improvements, Job No. J-33-1A in the amount of$676,000, for a total budget of$18,319,000; and, (2) Ratify Change Order No. 5 to Standby Power and Reliability 1 Improvements, Job No. J-33-1A, with Southern Contracting Company, authorizing an addition of$931,410 and an addition of 545 calendar days, increasing the contract amount to $7,634,611. I. (1) Approve a budget increase of$37,144,000 for Headworks Improvements at Plant No. 2, Job No. P2-66, for a total budget of $266,380,941; (2) Approve a budget transfer of$6,900,000 from Trickling Filters at Plant No. 2, Job No. P2-90, increasing the total project budget to $273,280,941; and, (3) Approve a budget transfer of$580,000 from Newport Trunk Sewer and Force Mains and Bitter Point Pump Station to Coast Trunk Sewer, Job No. 5-58, increasing the total project budget to $273,860,941. M. (1)Approve time extensions to Cooperative Projects Grant Program Contract Nos. 0102 and 0203 with the City of Buena Park; and, (2) Approve $35,000 FY 04/05 funding for the flow monitoring and data analysis project proposed by the City of Buena Park. n. Authorize the General Manager to enter into a sole source three-year, one-year renewable blanket purchase order agreement with OCB Reprographics, Inc., for Reproduction of Plans, Photocopying and Related Services, for an annual amount not to exceed $225,000. i PDC Non-Consent Calendar o. Consideration of items deleted from PDC Committee Consent Calendar, if any N NPpIUgMEdl51¢Trp CmmlXreIff0G112UIIZI.U.VAR V Ctt .r B rOA1.7Ez nnua: a2o� Page 4 Book Page 16 14. FINANCE, ADMINISTRATION AND HUMAN RESOURCES COMMITTEE (FAHR) FAHR Consent Calendar a. Order draft Finance, Administration and Human Resources Committee Minutes for the meeting held on December 8, 2004 to be filed. (Minutes to be distributed at 12115104 Board Meeting.) b. Receive and file Treasurer's Report for the month of November, 2004. C. Adopt Resolution No. OCSD 04-30, amending Resolution No. OCSD 98- 33, amending Human Resources Policies and Procedures Manual. d. Adopt Resolution No. OCSD 04-31, amending Resolution No. OCSD 98- 33, amending Human Resources Policies and Procedures Manual re specific IT related policies. e. Approve a one time only non-base building payment for the Director of Technical Services in an amount not to exceed $3,480 for his service as Acting General Manager. FAHR Non-Consent Calendar f. Consideration of items deleted from FAHR Committee Consent Calendar, if any. 15. GWR SYSTEM STEERING COMMITTEE (GWRSSC) GWRSSC Consent Calendar a. Order Joint Groundwater Replenishment System Cooperative Committee Minutes for the meeting held on November 8, 2004 to be filed. b. Approve Amendment No. 5 to the Professional Services Agreement with Montgomery Watson Harza, providing for additional construction management services for the Groundwater Replenishment System, Job No. J-36, for an additional amount of$214,162, increasing the total amount not to exceed $13,573,246 to be equally shared with the Orange County Water District. GWRSSC Non-Consent Calendar C. Consideration of items deleted from GWRSSC Consent Calendar, if any. H'NP�gMda&ea% z,W W WPAs Ia OerenEerBmrUa,.�M[ Page 5 Book Page 17 NON-CONSENT CALENDAR 16. Reject bid from J &W Construction Specialties for Hydrogen Peroxide Facility Modifications, Job No. FE02-08, for non-compliance with the District's insurance requirements. 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:W,PapemM19 np Cem,Yeee12 IMQIW<IIeI dN Im0eun0erpmq 74= Hems: eaaae Page 6 Book Page 18 ORANGE COUNTY SANITATION DISTRICT (714) 962-2411 www.ocsd.com Mailing Address: P.O. Box 8127 Fountain Valley, California 92728-8127 Street Address: 10844 Ellis Avenue Fountain Valley, California 92708-7018 'v December 15, 2004 MEMORANDUM TO: Steering Committee FROM: Blake P. Anderson General Manager, Orange ounly Sanitation District SUBJECT: General Manager's Involvement in the Orange County Business Council The purpose of this memo is to seek your approval for my joining the Orange County Business Council's Executive Committee and to inform you of its 2005 objectives which align with ours. Approximately a year and a half ago, I informed the Steering Committee that the Orange County Business Council had approached me to join its 40-member board of directors and to add the Sanitation District as an OCBC contributing member. Since then, I have been attending OCBC board meetings every two months, its Public Infrastructure Committee monthly and various ad hoc meetings and subcommittees. My primary interest(and input)has been on issues related to public infrastructure funding. OCBC has supported the GWRS and has been vocal in its support of public infrastructure. It has also served as a path of communication between the industrial community that we regulate and my office. This has helped when the Sanitation District has had to ask more of industry in the form of regulations or fees. In short, I now have a much better understanding of and access to the business community. I have been approached by OCBC to join its 14-member Executive Committee. I will be the first person from a public agency to be a member of this body. The Executive Committee meetings, the OCBC Board Meetings and the Public Infrastructure Committee will take about six hours per month plus the time to read agenda materials and to communicate with OCBC staff and board members on a variety of issues. To better inform you of the potential value of my increasing involvement in OCBC, a look at its 2005 priorities would be useful. An OCBC subcommittee of directors and staff has recently drafted a '2005-06 Legislative Action Guide'. It will be considered by the OCBC Board in January 2005. The OCBC has identified 20 policy objectives. Relevant excerpts from seven having direct bearing on the Sanitation District follow: Energy Policy Objective: Reliable, stable and competitively priced energy supplies for California's businesses and consumers achieved by: • Comprehensive and coordinated energy policies that ensure adequate supplies at reasonable pricing • Improvements in generation, transmission and distribution infrastructure Steering Committee Page 3 December 15, 2004 Environmental Regulation Policy Objective: Protect our environment without sacrificing economic prosperity achieved by: • Regulations based on sound science • Streamlined environmental reviews • Local access to and accountability from regulators • Innovative, market-oriented approaches for meeting environmental objectives • Participatory processes between the regulated community, regulators and other stakeholders leading to consensus-based rulemaking • Urban runoff and ocean water quality strategies that include assessment, prevention, cost-effective regional solutions Infrastructure Policy Obiective: Promote investments in infrastructure sufficient to meet expanding needs and to protect existing investments by: • Improve project delivery • Direct resources to the most needed infrastructure • Use a suite of contracting methods • Utilize the OC Infrastructure Report Card to create public awareness and facilitate dialogue • Fair-share state funding to OC Ocean Water Quality Policy Objective: Improve ocean water quality with comprehensive, watershed, cost-effective and science-based approaches that reduce contaminants from point and non-point sources by: • Protect the coast from wastewater contamination, sewage leaks and other sources • Use science and objective assessments to protect against impacts from urban runoff and stone water • Improve water quality testing methods • Use dry weather diversions • Inform the public about steps it can take to minimize urban runoff contamination • Use appropriate technology and natural treatment systems to treat urban runoff State/Local Fiscal Reform Policy Obiective: Long-term, stable, reliable and equitable funding for essential public services by: • Government finance reform that provides long-term financing mechanism for service and infrastructure • Funding that is understandable by the public and accountable to the public • Locally-provided services with nexus between fees paid and services received • Equitable distribution of sales tax. Taxes. Fees and Assessments Policy Objective: Simplified tax structures, lower taxes, taxes logically associated with specific services and the use of incentives to support economic growth by: • Balance local, state and federal budgets, reduce spending and don't shift costs to other layers of government • Correct OC's current donor county status Steering Committee Page 3 December 15, 2004 • Use private sector investment as a method to fund services and infrastructure • Provide a clear distinction between taxes and user fees,with a direct nexus between fees and service Water Policy Objective: Safe, dean, high quality, adequate and reliable water supply to support economic growth and quality of life in Southern California by: • Receive state and federal funding to implement CAVED • Regional collaboration, cost-effective solutions, integrated planning,water transfers, water-use efficiency, storage, reclamation and desal • GWRS • North county-south county cooperation • County-wide partnerships to control non-point source pollution Most of these objectives line up quite well with our own stated objectives and intenfions. We could have very well written them ourselves. They are smart and balanced and tie to our triple bottom line: financial, social, and environmental costs and benefits. It will be my task to stay closely engaged with the OCBC, seeking its understanding,support and flexibility regarding the public policy objectives that have a bearing on our ability to provide effective water quality protection, environmental protection, public health protection and developing new water resources for the people we serve. BPA:gg H:WgNgmMa�ebogCom,•NOVCM\l2M121W GM.moot to S,aMng to O=dw ` % California Regional Water Quality Control Board / v Santa Ana Region Te Tamminen 3737 Mein Sese4 Suite NO,Riverside,Cdifomia 92501-3MB eeY Fh.(951)7824130-FAx(951)781-6288 Arnold&hx...eggei Se`M Jb` hupl/wnerbpesds.m.g9v/seen/ riavPMof 6av6oemaual Paned. December 13, 2004 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Blake P. Anderson General Manager ORANGE COUNTY SANITATION DISTRICT P.O. Box 8127 Fountain Valley, California 92728-8127 ADMINISTRATIVE CIVIL LIABILITY COMPLAINT NO. R8-2004-0108 Dear Mr. Anderson: Enclosed is a copy of Administrative Civil Liability Complaint No. R8-2004-0108. The complaint is in response to a violation of an effluent discharge prohibition specified in your waste discharge requirements, Order No. 98-5. It was issued pursuant to California Water Code Section 13385 and proposes the assessment of a penalty of $160,000 for a violation that occurred on September 4, 2004. Should you wish to waive your right to a public hearing on this matter, please sign the enclosed waiver form and submit it, along with the bottom portion of the attached invoice and a check or money order for the amount of civil liability ($100,000) not suspended (see Parts 9 and 11 of Complaint No. R8-2004-0108). Please submit all three items by December 27, 2004 to the address on the invoice. The remainder of the liability imposed ($60,000) is suspended, contingent upon OCSD conducting an acceptable supplemental environmental project. Your staff has expressed an interest in completing a supplemental environmental project to address the suspended portion of the civil liability. As discussed, I will consider allowing up to $60,000 to be used toward a SEP. We expect to meet with you and your staff shortly to identify an acceptable project. Please be advised that if no acceptable project is identified or if the agreed-upon supplemental environmental project is not completed in a timely and acceptable manner, then the amount of liability suspended will become immediately due and payable (see Part 12 of Complaint No. R8-2004-0108). If you do not wish to waive your right to a public hearing on this matter, a hearing will be held before the Regional Board at its regularly scheduled meeting on January 28, 2005 in Santa Ana. California Environmental Protection Agency a ReyrldParer l Blake P. Anderson Complaint No. R8-2004-0108 - 2 - December 13, 2004 Should you have any questions, please contact me at (951) 782-3284, Gary Stewart, Chief of the Board's Surveillance and Enforcement Section, at (951) 782A379, or Jorge A. Leon, the Regional Board's staff counsel, at (916) 341-5180. Sincerely, � W �4 Gerard J. Thibeault Executive Officer Enclosure: Complaint No. R8-2004-0108 Invoice cc: w/enclosure U.S. EPA - CWA Compliance Office (WTR-7) State Water Resources Control Board — Office of the Chief Counsel, Jorge Leon State Water Resources Control Board — Division of Water Quality Orange County Coastkeeper Lawyers for Clean Water Regional Board j d/ocedadr8-2004-0108.cov California Environmental Protection Agency 0 Reryded Paper California Regional Water Quality Control Board Santa Ana Region IN THE MATTER OF: Orange County Sanitation District ) Complaint No. R8-2004-0108 10844 Ellis Avenue ) for P.O. Box 8127 ) Administrative Civil Liability Fountain Valley, California ) 92708-8127 ) YOU ARE HEREBY GIVEN NOTICE THAT: 1. Orange County Sanitation District (OCSD) is alleged to have violated provisions of law for which the California Regional Water Quality Control Board, Santa Ana Region (hereinafter Board), may impose administrative civil liability pursuant to California Water Code Section 13385. 2. A hearing concerning this complaint will be held before the Board within 90 days of the date of issuance of this complaint, unless OCSD waives its right to a hearing. Waiver procedures are specified in Paragraph 13 of this complaint. If the hearing on this matter is not waived, the hearing will be held during the Board's regular meeting on January 28, 2005. OCSD or its representative will have the opportunity to appear and be heard and to contest the allegations in this complaint and the imposition of civil liability by the Board. 3. If the January 28, 2005 hearing on this matter is held, the Board will consider whether to affirm, reject, or modify the proposed administrative civil liability or whether to refer the matter to the Attorney General for recovery of judicial civil liability. 4. At the time of the incident that forms the basis of this complaint, discharges from OCSD's wastewater treatment plants to the Pack Ocean were regulated under Order No. 98-5 (NPDES No. CA 0110604). waste discharge requirements adopted by the Board on March 6, 1998. 5. OCSD is alleged to have violated Discharge Specification A.2. of Order No. 98-5, by discharging approximately 1,569,000 gallons of partially disinfected and treated sewage on September 4, 2004, into the Santa Ana River on a non-emergency basis. This discharge specification states: "The discharge of wastewater to other than Discharge Serial No. 001 is prohibited, except in the event of an emergency. An emergency is a circumstance that precludes discharging all wastewater to Discharge Serial No. 001 despite proper operations Orange County Sanitation District Page 2 Administrative Civil Liability Complaint No. RS-2004-0108 and maintenance of the dischargers facilities. Such emergencies are limited to situations such as earthquake, flood, and acts of war or terrorism." 6. This complaint is based on the following facts: A.) OCSD owns and operates a publicly owned treatment works (POTW) that includes wastewater collection system and treatment facilities. The treatment facilities handle waste from twenty-one cities and unincorporated areas of northern and central Orange County. The facilities also receive brines, sewage, and other waste from the western areas of San Bernardino and Riverside Counties through the Santa Ana Regional Interceptor. B.) OCSD operates Reclamation Plant No. 1 (RP-1), with a primary treatment design capacity of 108 million gallons per day (MGD) and 96 MGD of secondary treatment capacity, and Treatment Plant No. 2 (TP-2) with a primary treatment design capacity of 168 MGD and 90 MGD of secondary treatment capacity. The OCSD's final effluent is composed approximately of a 40% to 60% blend ratio of primary treated and secondary treated wastewater. C.) The primary/secondary treated wastewater blend produced in RP-1 is sent to TP-2 and commingled with TP-2's effluent blend for disposal in the Pack Ocean. OCSD discharges its effluent through Discharge Serial No. 001, which is a 120-inch diameter underwater pipeline that extends approximately 4.5 miles offshore from the mouth of the Santa Ana River, located in Huntington Beach. D.) OCSD may discharge to the Pacific Ocean on an emergency basis through Discharge Serial No. 002, a deactivated ocean outfall, which is a 78-inch diameter underwater pipeline that extends 1 mile offshore from the mouth of the Santa Ana River, at a depth of 65 feet. In case of an extreme emergency, OCSD may discharge effluent into the Santa Ana River through Discharge Serial No. 003 located immediately upstream from the mouth of the Santa Ana River. Emergencies are limited to situations such as earthquake, flood, and ads of war or terrorism. E.) The Nearshore Zone of the Pack Ocean is within a zone bounded by the shoreline and a distance of 1,000 feet from the shoreline or the 30- foot depth contour, whichever is further from the shoreline. Water contact recreation is an existing beneficial use of the Nearshore Zone. Orange County Sanitation District Page 3 Administrative Civil Liability Complaint No. R8-2004-0108 ' F.) Each OCSD sewage treatment plant includes a Central Power Generating System (CGS) consisting of electrical power generators that provide each plant with sufficient electrical power for their operations. The CGS for OCSD's TP-2 consists of five natural gas- fired generators and one steam turbine. Normally, the steam turbine and three generators will run all day and a fourth generator will be operated during peak flows, leaving the fifth generator as backup. G.) Also, TP-2's CGS is continually connected to the local Southern California Edison (SCE) power grid to sell surplus in-house generated energy to the SCE grid and serve as backup. A 12 kilovolt (12-kV) circuit breaker maintains TP-2's connection to the SCE power grid, and if the grid experiences a malfunction that could threaten to damage the CGS, the 12-kV breaker would open and isolate the CGS from the SCE power grid. Whenever the 12-kV circuit breaker opens to isolate the CGS, a high-voltage technician is needed to restore the connection by physically closing the 12-kV breaker. H.) An OCSD staff investigation determined that, on Saturday, September 4, 2004, a very brief power dip occurred in the neighboring SCE power grid that likely exerted a sudden high demand on the CGS causing the 12-kV circuit breaker to open and disconnect the CGS from the SCE grid to prevent equipment damage. As reported in the CGS power operator's report, around 1320 hours, two out of four gas-fired generators operating at the time shut down, leaving only two gas-fired generators and the steam turbine operating. I.) At this point, because the 12-kV breaker was left open, the SCE power grid could not serve as backup to power TP-2's electrical equipment; therefore, TP-2 was isolated from the SCE power grid. As a result, almost all plant electrical equipment stopped working and only the headworks and the ocean outfall booster station (COBS) remained operating. As CGS operators began to restart additional generators, the operators of the wastewater treatment plant also began restarting electrical equipment, causing a sudden surge in power demand that tripped the CGS generators (again), which resulted in an internal second power outage at 1415 hours. This time, the pumping of effluent through the 120-inch outfall (Discharge Serial No. 001) ceased when the COBS pumping station could not be operated and the Foster booster station could not be powered due to a backup diesel-fired generator malfunction. J.) While CGS and wastewater treatment plant operators worked to restart the power generators and key electrical equipment of TP-2 for a second time, the partially treated and disinfected sewage began to Orange County Sanitation District Page 4 Administrative Civil Liability Complaint No. R8-2004-0108 backup near the overflow weir of Discharge Serial No. 003 until k overflowed into the Santa Ana River for approximately 30 minutes. Throughout this period of time, a high-voltage electrical technician was not on-site to close the 12-kV breaker and reconnect TP-2 to the SCE power grid to relieve CGS. High-voltage electrical technicians did not regularly work during weekends and none of them could reach the plant in time when called upon to assist after hours. K.) According to OCSD operations staff, reserve clarifier basins that could have been used to store sewage and keep sewage flows away from Discharge Serial No. 003 long enough to allow for the powering of the OOBS pumps were not available. The reserve clarifier basins are usually operated during the rain season to handle high peaks. These basins had been targeted for maintenance and tags and locks had been placed on their valves. TP-2 operations staff decided not to remove the locks from the valves and use the clarifier basins despite the risk of release. According to the operations supervisor log, the locks and tags were removed from the valves during the day shift of Sunday, September 5, 2004, in the presence of contractors in charge of the maintenance project. L.) As result of the partially treated sewage release, Orange County Health Care Agency (OCHCA) closed a portion of Newport Beach immediately south of the mouth of the Santa Ana River and a section of Huntington Beach immediately north of the mouth of the Santa Ana River from the afternoon of Saturday, September 4 through Monday, September 6, 2004 (Labor Day). M.) OCSD could have prevented the release if proper procedures had been established and followed to promptly reconnect TP-2 to the SCE power grid, effectively coordinate the startup of the treatment plant and CGS to avoid overloading, and reroute sewage away from Discharge Serial No. 003 to reserve primary clarifiers. The combination of operational errors and lack of preparedness likely caused the discharge to the Santa Ana River. 7. The non-emergency discharge occurred from OCSD's TP-2 to the Santa Ana River. The release impacted the water contact recreation beneficial use of the Nearshore Zone of a section of Newport Beach and Huntington Beach immediately south and north of the mouth of the Santa Ana River, respectively. OCSD owns and operates TP-2 and is thus liable for the unauthorized discharge of approximately 1,569,000 gallons of wastes to the Santa Ana River. Pursuant to Section 13385(c), the Board can administratively assess civil liability in an amount not to exceed the sum of the following: Orange County Sanitation District Administrative Civil Liability Complaint No. R8-2004-0108 r A.) Ten thousand dollars ($10,000) for each day in which the violas occurs and, B.) Where there is a discharge, any portion which is not susceptible to clean up or is not cleaned up, and the volume discharged but not cleaned up exceeds 1,000 gallons, a liability not to exceed ten dollars ($10) times the number of gallons by which the volume discharged but not cleaned up exceeds 1,000 gallons. 8. In accordance with Water Code Section 13385(c),the maximum liability for the violation cited is$15,690.000. This liability has been calculated as follows: A.) $10,000,for 1 day of discharge, and B.) $15,680,000, at$10 per gallon for each gallon over 1,000 gallons (1,568,000 x $10 = $15,680,000). 9. Section 13385 (e) specifies factors that the Board shall consider in establishing the amount of civil liability. After consideration of these factors, the Executive Officer proposes civil liability be imposed on OCSD in the amount of$160,000 for the violation cited above. 10. OCSD has expressed its interest in performing a supplemental environmental project (SEP) in partial settlement of the proposed liability. A specific SEP has not yet been identified. 11. The Executive Officer will consider suspending $60,000 of the assessment proposed in hem 9, above, contingent upon OCSD's timely commitment to perform a SEP acceptable to the Executive Officer, and timely completion of the accepted SEP. 12. If the accepted SEP is not timely completed to the satisfaction of the Executive Officer, the amount of liability suspended shall become immediately due and payable. 13. You may waive your right to a hearing. If you waive your right to a hearing, please sign the attached waiver, which is Page 7 of this complaint, and return it together with a check payable to the State Wate• Resources Control Board in the amount of the civil liability not susn- (proposed in paragraph 9). An invoice for this amount is encl— Orange County Sanitation District Page 6 Administrative Civil Liability Complaint No. R8-2004-0108 If you have any questions concerning this complaint, contact the undersigned at (951) 782-3284, Gary D. Stewart, Surveillance and Enforcement Section Chief at (951) 782-4379, Julio C. Lara, staff engineer at (951) 782-4901 or Jorge Leon, the Board's staff counsel, at (916) 341-5180. /.2—/3— I uWk !t�61 Date Gerard . hibeault Executive Officer r California Regional Water Quality Control Board Santa Ana Region IN THE MATTER OF: Orange County Sanitation District ) Complaint No. R8-2004-0108 10844 Ellis Avenue ) for P.O. Box 8127 ) Administrative Civil Liability Fountain Valley, California ) 92708-8127 ) Waiver of Hearing Orange County Sanitation District (OCSD) agrees to waive its right to a hearing before the Santa Ana Regional Water Quality Control Board with regard to the violation alleged in Complaint No. R8-2004-0108. OCSD has enclosed a check for the amount of civil liability not suspended, in partial settlement of Complaint No. R8-2004-0108. OCSD also commits to the timely and satisfactory completion of an acceptable supplemental environmental project, in partial settlement of Complaint No. R8-2004-0108. Furthermore, OCSD understands that if the supplemental environmental project is not completed in a manner satisfactory to the Regional Board's Executive Officer, the amount of suspended liability shall become immediately due and payable. Finally, OCSD understands that it is giving up its right to be heard and to argue against allegations made by the Executive Officer in Complaint No. R8-2004-0108, and against the imposition of, and amount of, the civil liability. Date for Orange County Sanitation District Page 7 of 7 CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD SANTA ANA REGION 3737 MAIN STREET, SUITE 500 RIVERSIDE, CALIFORNIA 92501.3348 NOTICE OF PUBLIC COMMENT PERIOD AND POSSIBLE PUBLIC HEARING Regarding Administrative Civil Liability Complaint No. R8-2004-01080 For Orange County Sanitation District Orange County Sanitation District (OCSD) is alleged to have violated provisions of law for which the California Regional Water Quality Control Board, Santa Ana Region (hereinafter Regional Board), may impose civil liability pursuant to Section 13385(c)of the California Water Code. OCSD is alleged to have violated a discharge prohibition contained in its waste discharge requirements, Order No. 98-5 (CA 0110604). by discharging, without authorization, approximately 1,569,000 gallons of partially treated and disinfected sewage to the Santa Ana River in the vicinity of Huntington Beach on September 4, 2004. The non-emergency discharge caused the closure of beaches adjacent to the mouth of the Santa Ana River for more than 48 hours, thus impacting the water contact recreational beneficial use of the Nearshore Zone of the Newport Beach and Huntington Beach areas. On the basis of preliminary staff review and application of lawful standards and regulations, Complaint No. R8-2004-0108 for administrative civil liability was issued to OCSD by the Executive Officer of the Regional Board on November 17, 2004. The Complaint proposes a civil liability of $160,000. The Complaint also proposes to allow OCSD to contribute up to $60,000 of the civil liability amount to a supplemental environmental project, approved by the Executive Officer, in lieu of putting the entire civil liability amount into the State Water Resources Control Board's Cleanup and Abatement account. The Complaint and related documents may be inspected and copied at the Regional Board office at 3737 Main Street, Suite 500, Riverside, California, by appointment between the hours of 9:00 a.m. and 3:00 p.m., Monday through Thursday. Appointments may be scheduled by calling the Regional Board office at (951)7824130. Interested persons are invited to submit written comments on this matter. Comments must be submitted by January 1B,2004. Unless OCSD waives its right to a public hearing,a hearing on this matter will be held as follows: DATE: January 28,2005 TIME: 9:30 a.m. PLACE: Santa Ana City Council Chambers 22 Civic Center Plaza Santa Ana,CA If a hearing is held, interested persons are invited to attend and express their views regarding this administrative civil liability complaint. Persons making presentations should confine their statements to the issues addressed in the complaint. Oral statements will be heard, but should be brief to allow all interested persons time to be heard. For the accuracy of the record, all testimony (oral statements) should also be submitted in writing. Any person who is physically handicapped and requires special accommodations to participate in this hearing should contact Catherine Ehrenfeld at (951)782-3285 no later than January 19, 2005. Please bring the foregoing to the attention of any persons known to you who may have an interest in this matter. ORANGE COUNTY SANITATION DISTRICT -' December 8, 2004 s f. Daniel Cozad Acting General Manager °"°°•' Santa Ana Watershed Project Authority �Ai esz-zatt 11615 Sterling Avenue r..: 9 via sez-osss Riverside, CA 92503 { -wa.taa.carn Bare..: Subject: Santa Ana River Interceptor Emergency Repairs, Contract No.` 2-41-3 P.o a°.e127 m vauar.az72a-B127 27 ': e.�.aarou Thank you for your letter dated November 10, 2004 regarding the Santa Ana River yea<Bue Anna. Interceptor (SARI)emergency repairs. As you are aware, construction of the two ( ^"a0ry•n grade stabilizers at Areas 1 and 2 are continuing on schedule and are expected to be u 9270e701e complete prior to the end of the year. The District has estimated $982,000 as the not to exceed design and construction cost and has informed SAWPA by letter on October 29, 2004. elm. Commission's request for additional information is as follows: nnane;m 1. The estimated design and construction cost includes the following items: Br BUB°B Park ,vas Design (ACOE & District) $120,000 t� Yareae�{aan[,m valley Construction (Jamison, Bonterra, Entrix, RBF, District) $772,000 Close Out(District) $ 10,000 >>GeNen Grsre becinptan Beech Contingency $ QQQ ame ca Man..Ce Palma Total $ 982,000 ! R Beach " oranea 2. We are also looking into the matter of seeking reimbursement from either or .,: P/acanna both the County or ACOE, based on the agreement between those agencies hr sans Ana for the protection of utilities in the river. Seel Beach 3. The regulatory agencies have given the District authorization to proceed with 55 Yl/e Pork the emergency repairs without the determination of mitigation measures. Costs for mitigation measures were not known at the time of the estimate and are still '+ r Dr°"°° subject to negotiation between the District, California Department of Fish and Game (CDFG), and United States Fish and Wildlife Service (USFWS). It is O.t.n Districts anticipated that most of the mitigation will center on restoration of vegetative - Cs'. Ms. M;Cwar C'ey Districts 4. Lessons learned are as follows: /mine panch a. A reliable survey of field conditions was not done during the spring of 2004, due to continuous rainfall and high Flows in the river. Future surveys, however, will continue to be planned to be conducted in the early spring, with any necessary field work scheduled to start in late April. 19 'Ts maintain world-class leadership in wastewater and water respurca menaBement- Daniel Cozad December 8, 2004 Page 2 b. The Army Corps of Engineers (ACOE) construction work immediately behind Prado Dam prevented storage of water, and thereby required flows to pass freely through the gates. These unregulated flows created higher water elevations than usual and prevented surveying crews from accessing the deeper sections within the low flow channel, thus delaying the completion of this year's survey. In the future, the District will coordinate with ACOE to get commitments for lower flow releases, in advance of the field surveying activities. c. In order to assess the effectiveness of the emergency repairs, the District will continue to monitor repairs to verity the replenishment of the soil cover over the pipeline. We certainly understand the concems and desire of SAWPA to have such repairs planned well in advance and to minimize the costs. We share those thoughts completely. However, because ultimate control of the river rests with Federal, State, and County authorities, our plans and desires are often unable to be met. For example, although the survey may be able to be completed in the spring during future monitoring events, any planned maintenance or repairs may not be able to be performed within the Least Bell's Vireo nesting season (February 15 to September 15). The nesting season creates a very sensitive period in which any activity within the river is subject to permit conditions from CDFG and USFWS. Also, the lowest flows in this section of the Santa Ana River historically occur in the months of September and October. If you have any questions or need additional information, please call Hardat Khublall at (714) 593-7377. i Blake P. Anderson General Manager BPA:HK:jo M37BM18 c: OCSD Board Members SAWPA Commission Members RESOLUTION OF COMMENDATION A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ORANGECOUNTY SANITATION DISTRICT COMMENDING PAUL WALKER FOR HIS OUTSTANDING CONTRIBUTIONS AND DEDICATION TO PUBLIC SERVICE UPON HIS DEPARTURE AS A DIRECTOR OF THE ORANGE COUNTY SANITATION DISTRICT ..... ... . .. .... WHEREAS, DIRECTOR PAUL WALKER was appointed to the Orange County Sanitation District Board of Directors on December 18, 1996, and provided passionate leadership and vision in guiding the District's efforts through November 2004; and, WHEREAS, DIRECTOR WALKER served on the Operations Maintenance and Technical Services Committee from March 24,1999, and committed himself to obtain the cemmitlee's goal of compliance with public health and environmental regulations through November 2004; and, WHEREAS, DIRECTOR WALKER displayed a thorough understanding of the issues in guiding the District through the high-profile and critically important decision concerning the District's future levels of wastewater treatment; and, WHEREAS, DIRECTOR WALKER was an advocate for the Groundwater Replenishment System as an alternate to the GWRS Joint Cooperative Committee from January 2003 to November 2004, demonstrating an important grasp of the broader policy issues surrounding watershed management; and, WHEREAS, DIRECTOR WALKER committed during each and every meeting to review the facts, consider various opinions, and voicing his particular point of view; and, WHEREAS, DIRECTOR WALKER has characterized his representation of the District, its Board members, employees and ratepayers with a commitment of his time,professional dignity and enthusiasm for the District's issues. NOW, THEREFORE,the Board of Directors of the Orange County Sanitation District DOES HEREBY RESOLVE: That the Directors and staff of the Orange County Sanitation District express to DIRECTOR PAUL WALKER their sincere appreciation for his outstanding public service to the citizens of Orange County and his generous, meritorious,and conscientious efforts on behalf of the District and its program of environmental and public health protection. PASSED AND ADOPTED by unanimous acclamation at a regular meeting of said Board on the 15th day of December, 2004. BOARD OF DIRECTORS ORANGE COUNTY SANITATION DISTRICT Board Chair General Manager Board Secretary RESOLUTION OF COMMENDATION A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ORANGE COUNTY SANITATION DISTRICT COMMENDING SHIRLEY MCCRACKEN FOR HER OUTSTANDING CONTRIBUTIONS AND DEDICATION TO PUBLIC SERVICE UPON HER DEPARTURE AS A DIRECTOR OF THE ORANGE COUNTY SANITATION DISTRICT ............... WHEREAS, DIRECTOR SHIRLEY MCCRACKEN has successfully served as a Board member from December 16, 1998 to November 2004;and, WHEREAS,DIRECTOR MCCRACKEN provided passionate leadership as Board Chair of the Orange County Sanitation District Board of Directors from July 2002 to July 2004, as well as Vice Board Chair from January 2002 to June 2002; and, WHEREAS, DIRECTOR MCCRACKEN was appointed to the Finance,Administration and Human Resource Committee on January 27, 1999,and effectively served as FAHR Chair from January 2001 to January 2002;and, WHEREAS, DIRECTOR MCCRACKEN is active in policy issues that serve the state as well as the community, has devoted her efforts to serve on the SAWPA Joint Management Committee, Legislative Committee,and as Council of Governments from October 2003 to November 2004;and, WHEREAS,DIRECTOR MCCRACKEN provided leadership and vision in guiding the District's efforts in local,regional,state and federal forums;and displayed inventiveness in establishing a legislative advocacy program and made Innumerable trips to Washington D.C.to advocate on behalf of Orange County Sanitation District;and, WHEREAS, DIRECTOR MCCRACKEN was a sincere advocate for the Groundwater Replenishment System as a representative on the GWRS Joint Cooperative Committee from August 2002 to November 2004, demonstrating an important grasp of the broader policy issues surrounding watershed management;and, WHEREAS, DIRECTOR MCCRACKEN displayed sensitivity in guiding the District through the high-profile and crifically important Issue concerning the District's future levels of wastewater treatment; and has characterized her representation of the District, its Board members, employees,and ratepayers with a commitment of her time, professional dignity and enthusiasm for the District's issues. NOW,THEREFORE, the Board of Directors of the Orange County Sanitation District DOES HEREBY RESOLVE: That the Directors and staff of the Orange County Sanitation District express to DIRECTOR SHIRLEY MCCRACKEN their sincere appreciation for her outstanding public service to the citizens of Orange County and her generous, meritorious,and conscientious efforts on behalf of the District and its program of environmental and public health protection. PASSED AND ADOPTED by unanimous acclamation at the regular meeting of said Board on the 15th day of December 2004. BOARD OF DIRECTORS ORANGE COUNTY SANITATION DISTRICT Board Chair General Manager Board Secretary RESOLUTION OF COMMENDATION A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ORANGE COUNTY SANITATION DISTRICT COMMENDING JOHN COLLINS FOR HIS OUTSTANDING CONTRIBUTIONS AND DEDICATION TO PUBLIC SERVICE UPON HIS DEPARTURE AS A DIRECTOR OF THE ORANGE COUNTY SANITATION DISTRICT ............... WHEREAS, DIRECTOR JOHN COLLINS has served the Board of Directors with distinction from December 2002, and provided passionate leadership and vision in guiding the District's efforts through December 2004; and, WHEREAS, DIRECTOR COLLINS was appointed to the Planning, Design and Construction Committee on January 22,2003, and displayed a unique understanding of the design, construction and asset replacement and rehabilitation issues facing the District,providing candid observations; and, WHEREAS, DIRECTOR COLLINS was an advocate for the Groundwater Replenishment System as an alternate to the GWRS Joint Cooperative Committee from April 2004 to December 20D4, demonstrating an important grasp of the broader policy Issues surrounding watershed management; and, WHEREAS, DIRECTOR COLLINS committed during each and every meeting to review the facts,consider various opinions, and voicing his particular point of view;and, WHEREAS, DIRECTOR COLLINS has characterized his representation of the District, its Board members, employees and ratepayers with a commitment of his time, professional dignity and enthusiasm for the District's issues. NOW, THEREFORE,the Board of Directors of the Orange County Sanitation District DOES HEREBY RESOLVE: That the Directors and staff of the Orange County Sanitation District express to DIRECTOR JOHN COLLINS their sincere appreciation for his outstanding public service to the citizens of Orange County and his generous,meritorious, and conscientious efforts on behalf of the District and its program of environmental and public health protection. PASSED AND ADOPTED by unanimous acclamation at a regular meeting of said Board on the 15th day of December,2004. BOARD OF DIRECTORS ORANGE COUNTY SANITATION DISTRICT Board Chair General Manager Board Secretary RESOLUTION OF COMMENDATION A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ORANGE COUNTY SANITATION DISTRICT COMMENDING ANNA PIERCY FOR HER OUTSTANDING CONTRIBUTIONS AND DEDICATION TO PUBLIC SERVICE UPON HER DEPARTURE AS A DIRECTOR OF THE ORANGE COUNTY SANITATION DISTRICT WHEREAS, DIRECTOR ANNA PIERCY, was appointed to the Orange County Sanitation District Board of Directors on June 24, 1998, and provided assertive leadership and sincere participation in guiding the District's efforts through November 2004; and, WHEREAS, DIRECTOR PIERCY, appointed to the Operations Maintenance and Technical Services Committee in August 1998, provided knowledgeable leadership and dedication to the committee's efforts as Vice Chair from January 2003 to November 2004; and, WHEREAS, DIRECTOR PIERCY displayed a thorough understanding of the issues in guiding the District through the high-profile and critically important decision concerning the District's future levels of wastewater treatment; and, WHEREAS, DIRECTOR PIERCY was an advocate for the Groundwater Replenishment System, demonstrating strong support for broader policy issues surrounding watershed management; and, WHEREAS, DIRECTOR PIERCY continuously showed an important understanding of wastewater, water, and urban runoff issues and their inter-relationships in the broader context of watershed management; and, WHEREAS, DIRECTOR PIERCY has characterized her representation of the District, its Board members, employees and ratepayers with an extremely generous commitment of her time, professional dignity, enthusiasm for District's issues. NOW, THEREFORE, the Board of Directors of the Orange County Sanitation District DOES HEREBY RESOLVE: That the Directors and staff of the Orange County Sanitation District express to DIRECTOR ANNA PIERCY their sincere appreciation for her outstanding public service to the citizens of Orange County and her generous, meritorious, and conscientious efforts on behalf of the District and its program of environmental and public health protection. PASSED AND ADOPTED by unanimous acclamation at a regular meeting of said Board on the 15th day of December 2004. BOARD OF DIRECTORS ORANGE COUNTY SANITATION DISTRICT Board air General Manager Board ecre ary RESOLUTION OF COMMENDATION A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ORANGE COUNTY SANITATION DISTRICT COMMENDING PATRICIA BORTLE FOR HER OUTSTANDING CONTRIBUTIONS AND DEDICATION TO PUBLIC SERVICE UPON HER DEPARTURE AS A DIRECTOR OF THE ORANGE COUNTY SANITATION DISTRICT WHEREAS, DIRECTOR PATRICIA BORTLE, was appointed to the Orange County Sanitation District Board of Directors in December 2003, and provided assertive leadership and sincere participation in guiding the District's efforts through November 2004; and, WHEREAS, DIRECTOR BORTLE was appointed to the Finance, Administration and Human Resource Committee in February 2004; and, WHEREAS, DIRECTOR BORTLE committed during each and every meeting to review the facts, consider various opinions, and voicing her particular point of view; and, WHEREAS, DIRECTOR BORTLE has charactertzed her representation of the District, its Board members, employees and ratepayers with a commitment of her time, professional dignity and enthusiasm for the District's issues. NOW, THEREFORE, the Board of Directors of the Orange County Sanitation District DOES HEREBY RESOLVE: That the Directors and staff of the Orange County Sanitation District express to DIRECTOR PATRICIA BORTLE their sincere appreciation for her outstanding public service to the citizens of Orange County and her generous, meritorious, and conscientious efforts on behalf of the District and its program of environmental and public health protection. PASSED AND ADOPTED by unanimous acclamation at a regular meeting of said Board on the 15th day of December 2004. BOARD OF DIRECTORS ORANGE COUNTY SANITATION DISTRICT Board air General Manager board secretary o ORANGE COUNTY SANITATION DISTRICT December 14, 2004 �.lm ee2-2411-: Doug Traub President& CEO ,.141 S8 MB - .�:w:...e..e,. Huntington Beach Conference and Visitors Bureau .w: 301 Main Street, Suite 208 =?o.B.612T - Huntington Beach, CA 92648 win W1,C .. , .e 728-e127, .eaem.: m;eAron.. :' Dear Doug: y°ift C aTo16' Thank you for your letter dated November 30, 2004. It was provided to and discussed by the members of our Finance, Administration and Human •• Resources Committee (FAHR) on December 8, 2004. The FAHR agenda and • minutes are Included. F elno aenelm The FAHR committee directed OCSD staff to continue with the planned efforts P a for community outreach activities and education programs as described in the Cy ... Communications and Administrative Services Strategic Plan FY 2004-05 "amon adopted by the Board of Directors in July 2004. W wn woe. onw; 6eaw:- These planned efforts include: lrrvre ':, LB P.Ma 1 i..aerrllta. OCSD's Web site —www.ocsd.com: One of the categories that gives specific �•en information is News— Press Releases. A few titles include: OCSD C. Onerge ^;- Pbcenue Commissions New Ocean Monitoring Vessel, OCSD Proposed Ocean Discharge Permit Now Available, and Sanitation District Wins Second Award , Seel ee.cn for 100%p Compliance In protecting Ocean and Beaches. Tu.on uu�e cart roroa a e. Another Web site category, Ocean Monitoring Program, under"Information Center' also provides: Background, Testing Programs, Testing Methods, Beach Closures, Annual Reports, Permit and Lab Results. You may also want to search through: Research, Source Control, and Treating Wastewater. Cmsra Meae Mcwey crzy. Our fact sheets cover topics such as: Disinfecting Wastewater, 301(h) Provision of the Clean Water Act, FAQ Regarding the Clean Water Act, Ocean Monitoring Program, OCSD Permit Renewal Fact Sheet, Processing of Survey Samples from HB Testing and Urban Runoff Diversions. Ta man¢aln werl6clss I..Cersnip in wastewater end water resource management. OCSD Response to HBCVB/ Page 2 As part of our educational outreach program we offer tours to local schools and organizations. We also host environmental meetings for the South East Huntington Beach Neighborhood Association (SEHBNA), at our Huntington Beach facility and provide speakers at environmental group meetings such as CoastKeepers, Surfrider Foundation, and SEHBNA. Other communication efforts include suggesting topics for local cable stations for cities within our service area. The most recent one is "Waterwise," the City of Newport Beach cable station, covering the Ocean Monitoring Program and Urban Runoff. In addition, OCSD is active in local educational events throughout our service areas. Some of the more established community outreach efforts include: Children's Water Festival, Children's museum at La Habra, Local Earth Day events, Ocean Institute—Kid's Conference on Watershed, a Sewer Science program that will be taught in Huntington Beach, Pollution Prevention and Fats, Oils and Grease (FOG) Toolbox. In recent years, we have conducted three community surveys and 2 focus Groups. The findings included: a better understanding of the needs of Huntington Beach, additional education needs on important topics such as urban runoff, biosolids and water conservation. We also found in general that residents do not realize what happens after they flush and did not know there was an ocean outfall in Huntington Beach. In addition, the majority of Huntington Beach residents that were surveyed did not know a waste water facility was located in their community or that OCSD treats sewage for 2.4 million people. OCSD is also very active in legislative advocacy for bills that impact coastal waters. The Orange County Sanitation District is also planning to: • Develop key messages regarding the coastal water quality of Orange County to be used throughout the Outreach Program. • Develop a pilot community newsletter that will be distributed to selected cities in our service area, including portions of Huntington Beach as a vehicle to disseminate key messages to our community. • Publicize the comprehensive, nationally recognized, Ocean Monitoring Program that OCSD undertakes. 1 " OCSD Response to HBCVB / Page 3 • Attend Orange County Coastal Coalition meetings, an association of local, regional, state and federal agencies, non-profit organizations, private industry and the public whose role is to advocate, educate and coordinate activities along the Orange County coast and deliver clean water information messages for this group to disseminate. • Participate in future Orange County Business Council surveys that address issues of concern in Orange County. Additional activities will be planned in the FY 2005-06 Communications and Administrative Services Strategic Plan, that will be drafted for the July 2005 FAHR committee meeting. I hope these efforts to promote education and outreach will ensure that the public knows our coastal water is safe and clean. If you have any further questions please contact Carol Beekman, Director of Communications and Administrative Services at (714) 593-7120, Sincerely, 40"—" Blake Anderson General Manager BPA:jc n wpOrn.n��NEnnv.�u.m wr how sM'�:,�xow_aa,v r,.w ruw.aac Enclosure(s) c: OCSD Steering Committee HBCVB Board of Directors Mayor Cathy Green Steve Anderson Dr. Penny Culbreth-Graft David Biggs Bob Beardsley Laurie Payne Steve Bone MINUTES OF FINANCE, ADMINISTRATION AND HUMAN RESOURCES COMMITTEE MEETING Orange County Sanitation District Wednesday, December 8,2004, 5:00 p.m. A meeting of the Finance, Administration and Human Resources Committee of the Orange County Sanitation District was held on December 8, 2004, at 5:00 p.m., in the District's Administrative Office. (1) The roll was called and a quorum declared present, as follows: FAHR COMMITTEE MEMBERS: STAFF PRESENT: DIRECTORS PRESENT: Blake P.Anderson, General Manager Roy Moore, Chair Gary Streed, Director of Finance/Treasurer Mike Duvall, Vice Chair Carol Beekman, Director of Communications & Patricia Borre Administrative Services Bill Dalton Lisa Tomko, Director of Human Resources Darryl Miller Mike White, Controller Joy Neugebauer Lisa Arosteguy, Human Resources Supervisor James W. Silva Ann Sullivan, Human Resources Analyst Steve Anderson, Board Chair Paul Loehr, Senior Human Resources Analyst Rich Castillon, Information Technology Manager DIRECTORS ABSENT: Jennifer Cabral, Senior Public Information Specialist Jim Ferryman,Vice Board Chair Penny Kyle, Committee Secretary Lilia Kovac, Assistant Committee Secretary OTHERS PRESENT: Director Cathy Green Brad Hogin,Assistant General Counsel Layne Baroldi Bob Gaggle (2) APPOINTMENT OF CHAIR PRO TEM No appointment was necessary. (3) PUBLIC COMMENTS There were no public comments. (4) REPORT OF THE COMMITTEE CHAIR Committee Chair Moore had no report. (5) REPORT OF THE GENERAL MANAGER Minutes of the Finance, Administration and Human Resources Committee Meeting Page 2 December 8, 2004 Blake Anderson, General Manager, reported that the Orange County Business Council Board of Directors has invited him to join their Executive Committee. This opportunity will afford OCSD a forum to educate the customers about the District's infrastructure. The Directors were reminded that the Orange County Leadership Symposium will be held January 14-16, 2005, in Lake Arrowhead.The Directors were encouraged to attend this event. It was also noted that the Orange County Grand Jury will be visiting the District on Monday, December 13, to learn about the District's infrastructure. (6) REPORT OF DIRECTOR OF FINANCE/TREASURER The Director of Finance/Treasurer had no report. (7) REPORT OF DIRECTOR OF HUMAN RESOURCES Lisa Tomko, Director of Human Resources, introduced Paul Loehr, Senior Human Resources Analyst,who will be involved with employee labor relations. (8) REPORT OF DIRECTOR OF COMMUNICATIONS &ADMINISTRATIVE SERVICES The Director of Communications &Administrative Services had no report. (9) REPORT OF GENERAL COUNSEL Assistant General Counsel Brad Hogin had no report. (10) CONSENT CALENDAR ITEMS a. Approve minutes of the November 10, 2004, Finance, Administration and Human Resources Committee meeting, as corrected. b. FAHR04-105 Recommend to the Board of Directors to receive and file Treasurers Report for the month of November 2004. C. FAHR04-106 Receive and file Certificates of Participation (COP) Monthly Report. d. FAHR04-107 Receive and file Employment Status Report as of November 15, 2004. e. FAHR04-108 Receive and file OSHA Incidence Rates and Workers' Compensation Claims and Costs Report. f. FAHR04-109 Receive and file report of General Manager approved purchases in amounts exceeding $50,000 in accordance with Board purchasing policies. g. FAHR04-110 Recommend to the Board of Directors to adopt Resolution No. OCSD 04- amending Resolution No. OCSD 98-33, amending Human Resources Policies and Procedures Manual. Minutes of the Finance, Administration and Human Resources Committee Meeting Page 3 December 8, 2004 h. FAHR04-111 Recommend to the Board of Directors to adopt Resolution No. OCSD 04- _, amending Resolution No. OCSD 98-33, amending Human Resources Policies and Procedures Manual re specific IT related policies. I. FAHR04-112 Receive and file informational report on Status and Impact of State Property Tax Shift for 2004-05 and 2005-06. MOTION: It was moved, seconded and duly cared to approve the recommended actions for items specified as 10(a)through (1) under Consent Calendar. END OF CONSENT CALENDAR (11) ACTION ITEMS a. FAHR04-113 Approve a one time only non-base building payment for the Director of Technical Services in an amount not to exceed $3,480 for his service as Acting General Manager. Blake Anderson, General Manager, reported the item is being resubmitted to the FAHR Committee for a revised lower amount, after consideration of comments made at the last FAHR Committee meeting. MOTION: It was moved, seconded and duly carried to recommend approval to the Board of Directors. b. FAHR04-114 In response to the Huntington Beach Conference and Visitors Bureau (HBCVB) proposal, continue to use the planned efforts for community outreach activities and education programs as described in the current Communications and Administrative Services Strategic Plan FY 2004-05. Carol Beekman, Director of Communications&Administrative Services, reported the Steering Committee and staff have reviewed the proposal submitted by the HBCVB. In response to the District's Labor Day weekend effluent discharge to the Santa Ana River and subsequent pre- emptive closing of nearby beaches by the County Health Department,the HBCVB has made a proposal that the District establish a special budget for an advertising campaign that would directly benefit the city's tourism industry. Board Chair Steve Anderson met with the mayors of Huntington Beach and Newport Beach and representatives of HBCVB. The General Manager wrote a memo to Chair Anderson outlining staff recommendations that were presented at the November 17, 2004 Steering Committee meeting. After Chair Anderson's review of the recommendations, he asked that the proposal be submitted to the FAHR Committee for consideration. General Counsel issued an opinion that was shared with the FAHR Committee that the proposal, as written,would constitute an unlawful gift of public funds because it would have a purely private purpose (prevention of lost revenue to area businesses), and it would vest discretionary spending authority in a private individual,effectively allowing Minutes of the Finance, Administration and Human Resources Committee Meeting Page 4 December 8, 2004 a private individual to spend public funds. Ms. Beekman noted highlights contained in a letter dated November 30, 2004, from the HBCVB, that was provided to the Directors that evening: (1)"We think OCSD should step up to Its job for education and outreach and finance a significant regional advertising campaign to tell the story; and, (2)"It could even be funded as a Supplemental Environmental Project of the Regional Water Quality Control Board using OCSO's fines assessed for the Labor Day sewage spill." It was noted that Dr. Robert Ghirelli, Director of Technical Services and a former Executive Officer of a Regional Water Quality Control Board, had provided his considered opinion that the Regional Water Quality Control Board's supplemental environmental projects are designed for projects to improve water quality and that the HBCVB proposal would not qualify for that reason. Ms. Beekman referred the Directors to review a handout provided that evening listing projects the District has voluntarily initiated since the 1999 Strategic Plan analysis of peak flow management. It was noted more than $700 million has been spent to date to better the District's system and decrease risks of emergency discharge. The Directors entered Into a brief discussion and Director Cathy Green was asked for her input. The city is having a difficult time promoting an environmentally friendly city while experiencing beach closures for sewage spills,and construction problems in connection with the Bushard Trunk Sewer project. She asked that the District do more in promoting a positive image and to do more in promoting positive reports to the public. MOTION: It was moved, seconded and duly carried to continue with the planned efforts for community outreach activities and education programs as described in the current Communications and Administrative Services Strategic Plan FY 2004-05. C. FAHR04-115 Approve the request for proposal for independent financial auditors to conduct the annual financial audit over a five year period beginning with the fiscal year ending 2004-05 and the list of independent auditors to receive the proposal. Mike White, Controller, provided a brief report on the successful audit results of the District's accounting practice. The FAHR Committee directed staff to continue with the existing Audit Committee Policy and Procedure. It was also noted that Moreland &Associates was not to be asked to submit a proposal as they have served as the external auditors for the last ten years; and Moss, Levy& Hartzheim was not to be asked to submit a proposal as they are currently serving as the District's contract Internal auditors. MOTION: It was moved, seconded and duly carried to recommend approval to the Board of Directors. Minutes of the Finance,Administration and Human Resources Committee Meeting Page 5 December 8, 2004 (12) INFORMATION PRESENTATIONS There were none. (13) CLOSED SESSION There was no closed session. (14) OTHER BUSINESS. COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY The General Manager advised the Directors that General Counsel was sending the Board of Directors a confidential memorandum regarding the Yakima Company. Director Bortle announced that this was her last FAHR meeting. Committee members expressed gratitude for her service to the agency. (15) CONSIDERATION OF UPCOMING MEETINGS The next FAHR Committee meeting is scheduled for February 9,2005 at 5 p.m. (16) ADJOURNMENT The Chair declared the meeting adjourned at 5:45 p.m. Submitted by: Penny M. Kyle FAHR Committee Secretary H:\dep0agenda\FAHR\FAHR2004\1204N20904 FAHR Minums.dw Co0rGs "' OeSD SrGRl� � CGMr- 6iG[HlN $/� Gt1.fRLr.LI TN.MJeS November 30, 2004 Iluntington Beach Conference and Visitors Bureau Mr. Blake Anderson General Manager Orange County Sanitation District 10844 Ellis Avenue Fountain Valley,CA 92708 Dear Blake, We appreciate the time your agency devoted to us during our meeting with the FAHR Committee on November 3 to discuss the Clean Water Campaign proposal. Many of us were less encouraged than our previous meetings with OCSD. After a few weeks to regroup and rethink, however, we still believe the concept has strong merit. It conforms exactly with OCSD's policy objective of education and outreach and could help to solve perception problems caused by OCSD while championing its environmental stewardship. Our Bureau has been in the middle of a public debate that began when OCSD discharged 1.6 gallons of treated sewage over the Labor Day weekend. The discharge hurt our tourism industry and will impact it negatively for years. It also revitalized concerns about the outfall pipe off our shores. We maintain the best approach to remedy problems is to create an advertising campaign that fosters OCSD's environmental reputation so the public is educated that OC beaches are some of the cleanest coastal waters in the US. There are people in Southern California who will avoid visiting or swimming at beaches in Orange County and Huntington Beach as a result of your Labor Day sewage spill. There are people who will continue to avoid our beaches because of your outfall pipe off our waters. Whether urban runoff or other sources can create water quality problems, or studies show that many local people ignore the discharges from your outfall pipe,does not relieve OCSD of responsibility or make the situation more palatable. Our Clean Water Campaign proposal may need some revision to make it viable, but the intent and spirit of our concept has been clear from the first meeting with your agency on October 201 . Namely, we think that OCSD's considerable proactive efforts to make our coastal waters the cleanest in the nation needs to be told. Report cards from Heal the Beach are not enough. We think OCSD should step up to.its job for education and outreach and finance a significant regional advertising.campaign to tell the story. 301 Main Stree4 Suite 208 •Huntington Beach • California 92648-5171 •Tel 714-969-3492 Fax 714-969-SS92 • w hbvisitcam if.3•af Co0'63 r I11 ocso sr&zft4 CA"' QI GCMaN l A CLAXr. November 30, 2004 Huntington Beach Conference and Visitors Bureau Mr. Blake Anderson General Manager Orange County Sanitation District 10844 Ellis Avenue Fountain Valley,CA 92708 Dear Blake, We appreciate the time your agency devoted to us during our meeting with the FAHR Committee on November 3 to discuss the Clean Water Campaign proposal. Many of us were less encouraged than our previous meetings with OCSD. After a few weeks to regroup and rethink, however, we still believe the concept has strong merit. It conforms exactly with GCSD's policy objective of education and outreach and could help to solve perception problems caused by OCSD while championing its environmental stewardship. Our Bureau has been in the middle of a public debate that began when OCSD discharged 1.6 gallons of treated sewage over the Labor Day weekend. The discharge hurt our tourism industry and will impact it negatively for years. It also revitalized concerns about the outfall pipe off our shores. We maintain the best approach to remedy problems is to create an advertising campaign that fosters OCSD's environmental reputation so the public is educated that OC beaches are some of the cleanest coastal waters in the US. There are people in Southern California who will avoid visiting or swimming at beaches in Orange County and Huntington Beach as a result of your Labor Day sewage spill. There are people who will continue to avoid our beaches because of your outfall pipe off our waters. Whether urban runoff or other sources can create water quality problems,or studies show that many local people ignore the discharges from your outfall pipe, does not relieve OCSD of responsibility or make the situation more palatable. Our Clean Water Campaign proposal may need some revision to make it viable,but the intent and spirit of our concept has been clear from the first meeting with your agency on October 20 . Namely, we think that OCSD's considerable proactive efforts to make our coastal waters the cleanest in the nation needs to be told. Report cards from Heal the Beach are not enough. We think OCSD should step up to_its job for education and outreach and finance a significant regional advertising.campaign to tell the story. _ 301 Main Street,Suite 208 • Huntington Beach • California 92 6 4 8-5171 •Tel 714-969-3492 Fax 714-969-SS92 • www.hbvisitcom