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HomeMy WebLinkAbout2005-09 DRAFT MINUTES OF STEERING COMMITTEE MEETING Wednesday, September 28, 2005 A meeting of the Steering Committee of the Orange County Sanitation District was held on Wednesday, September 28, 2005 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: STAFF PRESENT: Directors Present: Blake Anderson, General Manager Steve Anderson, Chair Nick Arhontes, Director of Regional Services and Jim Ferryman, Vice Chair Assets Roy Moore, Chairman, FAHR Committee Bob Ghirelli, Director of Technical Services Tod Ridgeway, Chairman, PDC Committee Lorenzo Tyner, Director of Finance Jim Silva, County Supervisor Jeff Reed, Human Resources Manager Sonja Morgan, Principal Public Information Directors Absent: Specialist Carolyn Cavecche, Chair, OMITS Committee Jennifer Cabral, Senior Public Information Specialist OTHERS PRESENT: Layne Baroldi, Legal & Regulatory Affairs Liaison Bradley R. Hogin, General Counsel Gail Garrett, Committee Secretary Joe Forbath, Counsel Don Hughes Randy Fuhrman General Manager Anderson introduced the new Director of Finance, Lorenzo Tyner. (2) APPOINTMENT OF CHAIR PRO TEM IN THE OFFICE FILED SECRETARY ORANGE r,- r..u*errnu DISTRICT No appointment was necessary. OCT 26 2005 2 (3) PUBLIC COMMENTS By . 1/ Randy Fuhrman spoke in support of the Steering Committee and the Board and its oversight over Sanitation District matters. (4) RECEIVE, FILE AND APPROVE MINUTES OF PREVIOUS MEETING The minutes of the August 24, 2005 Steering Committee meeting were approved as drafted. 'Minutes of the Steering Committee Page 2 September 28, 2005 (5) REPORT OF THE COMMITTEE CHAIR Chair Anderson informed that Richard Parker, Director Ken Parker's brother, had passed away and services would be held at Forest Lawn on September 30 at 2:30 p.m. The October dates for the standing committees were reviewed. Due to the League of Cities meeting during the first week of October, OMTS has been canceled for October and the PDC will meet on Thursday, October 13, one week later than usual. The FAHR Committee meeting date remains on Wednesday, October 12. The CIP Oversight Ad Hoc Committee has been cancelled and will be rescheduled in early November. The Cooperative Projects Grants Ad Hoc Committee will meet on October 4. (6) REPORT OF THE GENERAL MANAGER a. General Manager Blake Anderson introduced Jeff Reed, Human Resources Manager, who will be acting for Lisa Tomko who is on vacation. b. Mike Moore, Environmental Assessment Manager, has been diagnosed with melanoma and will be out for several weeks for treatment. Chair Anderson requested Gail Garrett to forward Mr. Moore's email address to the Steering Committee members. c. Mr.Anderson reported that the County of Orange will be unable to fully fund the SARI line relocation. Staff continues to meet with County and Corps of Engineers representatives, SAWPA, RWQCB and others to discuss funding options. The Sanitation District may provide funding with the expectation of future repayment from SAWPA and through grant funds. The SAWPA Board has requested its member agencies general managers to work directly with the Sanitation District d. Mr. Anderson gave an overview of the Executive Management's strategic planning and project management efforts. Larry Gibson has been assigned as Program Manager for the newly formed Strategic Planning Office (SPO). Larry worked previously in the Program Management Office in Engineering getting the Capital Improvement Program off the ground. Under the General Manager's direction, Larry and an advisory committee are developing an implementation plan that will be the basis for decision-making by the EMT, will ensure thorough and consistent communication,and bring alignment throughout the agency. Directors recommended the CIP Oversight Committee review the SARI line relocation project. It was noted that there is a need to create a more business-odented approach,to supplement the engineering models now used to develop the CIP. e. General Manager introduced the idea that the Sanitation District appoint a Rate Advisory Committee (RAC)similar to one formed in the late 90's. It would provide full understanding to the Board of the technical,financial,and public opinion aspects throughout the rate setting process. It would include workshops, hearings and a draft report that the public and industry would be invited to participate in. The committee would comprise a Board member either as committee chair or liaison, representatives 'Minutes of the Steering Committee Page 3 September 28, 2005 from OCBC, OCTA, environmental groups, local companies,or a Grand Jury member. Further updates will be presented to the FAHR committee. f. Dr. Ghirelli provided an update on the Inland Empire Utility Agency regional biosolids project. The consortium of five agencies proposes to purchase a 63 acre parcel,with a suggested allocation for the $20 million purchase price of 35% each OCSD and LACSD, and others at 10%each. Representatives from each agency have been meeting weekly. IEUA has asked each agency to send a letter of intent to participate and OCSD staff Is preparing a letter for the General Manager's signature. Each partner is being asked to raise their commitment to$60,000 to cover the feasibility study cost, which include site assessment, project development plan, marketing study, and a preliminary financial plan. Board committees will be kept Informed and, once the study is completed,staff will bring a recommendation to the Board through the PDC. Chair Anderson thanked Directors Ridgeway and Ferryman for taking the time to visit the site. In response to Chair Anderson's question, Layne Baroldi said the Yakima hearings have been postponed indefinitely. g. Dr. Ghirelli informed that the Southern California Coastal Water Research Projects (SCCW RP) plans to move to a larger office and lab space in Costa Mesa. They have requested a co-signer on the lease agreement and each of the JPA member agencies is evaluating the extent of their commitment. Dr. Ghirelli explained that, based on preliminary results by staff, there does not appear to be a financial liability. Having a world-class ocean research facility in close proximity is of considerable benefit to the Sanitation District General Counsel clarified that the Sanitation District benefits from SCCRW P research,therefore the lease payments would not be deemed a gift of public funds. Direction was given to staff to explore OCSD becoming a cosigner with SCCWRP subject to review by legal counsel. h. Sonja Morgan gave an end-of-year Sanitation District progress report and provided handouts that will be published by the end of October. Directors directed staff to include information on the status of the CIP over 20 years, new technology the Sanitation District has embraced, and replacing the Sanitation District's aging Infrastructure. (7) REPORT OF GENERAL COUNSEL General Counsel gave an update on the biosolids litigation issues. The Kern County Board approved the attorney fees waiver. Attorney fees were also waived for the Kings County litigation. (8) DISCUSSION ITEMS (Items A-D) A. Acquisition of Property for North County Yard This item was discussed in closed session. 'Minutes of the Steering Committee Page 4 September 28, 2005 B. Establishing Support for Gulf Coast Disaster Recovery Efforts Jeff Reed presented the General Managers recommendation to (a)Approve Resolution No. OCSD 05-24, Establishing Support for Gulf Coast Disaster Recovery Efforts (b) Authorize the General Manager to enter into individual"Release Time Agreements"with volunteer employees; (c) Authorize the General Manager to deploy physical assets into the Gulf Coast area to assist with Disaster Recovery efforts; and, (d) Permit employees to engage in recovery efforts that are limited to the rendering of specialized assistance in the areas of engineering, operations and maintenance,and/or technical services in support of infrastructure recovery efforts pertaining to the collection, treatment and/or disposal of wastewater and associated byproducts. Mr. Reed outlined the labor and transportation costs, reviewed the Release Time Agreements and explained the advantages to the Sanitation District to participate in this effort. The General Manager's recommendation provides the Board a measured level of response should the Sanitation District be called upon to provide assistance by the Federal Emergency Management Agency(FEMA),the Emergency Management Information System (EMIS), or other recognized official National Coordination effort. C. The Agenda Items scheduled to be reviewed by the Board's working committees in October were reviewed. D. The agenda items scheduled to be presented to the Board at tonight's meeting were reviewed. (9) OTHER BUSINESS. COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS. IF ANY Director Ferryman provided an update on the Legal Service Ad Hoc Committee. Requests for proposal were sent to Aleshire&Wynder, Best, Best& Krieger, and Woodruff, Spradlin & Smart. Proposals are due by October 17 after which the committee will meet and interview the finalists. (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, October 26, 2005 at 5 p.m. The next Board Meeting is scheduled for Wednesday, October 26, 2005 at 7 p.m. Minutes of the Steering Committee Page 5 September 28, 2005 (13) CLOSED SESSION The Committee convened at 6:25 p.m. in Closed Session, pursuant to Sections 54956.9(b), 54956(c), 54957(b), 54956.9(a) and 54956.8, to discuss 5 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 7:00 p.m., the Committee reconvened in regular session. (14) ADJOURNMENT The Chair declared the meeting adjourned at 7:00 p.m. Submitted by:Qq ail Garrett Steering Committee Secretary H:WeCfWOenCa;S efts g COm I(A&QXW 0 ;0 280$SC Minutes FINAL.5 dw 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, September 28, 2005, was duly posted for public inspection in the main lobby of the District's offices on Thursday, September 22, 2005. IN WITNESS WHEREOF, I have hereunto/seen my hand this 28th day of September, 2005. L�W',Ay e� Penny Kyle, 9dcretary of the Board of Directors of Orange County Sanitation District Posted: Seotember 22. 2005, 12:00 p.m. By: \GQ- -Q Signature w WgmW'1 .Mlmt..'lm ORANGE COUNTY SANITATION DISTRICT REVISED atone: (714)962-2411 flue 17141962A356 www.owdi maliiny addral NOTICE OF MEETING BC. Box 8127 Fuunta h valley.CA OF THE 92728-8127 STEERING COMMITTEE .oast aaaress: 100"Ellis Avenue rourtain valley.CA ORANGE COUNTY SANITATION DISTRICT 92708-7018 ue r WEDNESDAY, September 28, 2005 - 5 P.M. • Cities Arai DISTRICT'S ADMINISTRATIVE OFFICE Brea 10844 ELLIS AVENUE Bush.Pen:Cypress FOUNTAIN VALLEY, CALIFORNIA 92708 Cy Fic.ritichFullerton Ilan e. Garden Grave HunGnyton beach Irvine to Habra A regular meeting of the Steering Committee of the Board of Directors of La Palma Loa Alamitos Orange County Sanitation District will be held at the above location, date and Newport Beach time. orange Placentla Santa Are Seal Beach Bfimme Tasdn Vol Perk Marna Linda County of Orange Sanitary Oistricts Costa Mae. Midway City Water Oiatrfab Irvine Ranch HAdept\agendalSteering Committee\200511 Meeting Notice Form.l.doc To maintain warld class leadership in wastewa[ar and water resource management. STEERING COMMITTEE AND BOARD MEETING DATES FOR THE NEXT TWELVE MONTHS Wednesday, October 26, 2005 'Wednesday, November 16, 2005 'Wednesday, December 21, 2005 Wednesday, January 25, 2006 Wednesday, February 22, 2006 Wednesday, March 22, 2006 Wednesday, April 26, 2006 Wednesday, May 24, 2006 Wednesday, June 28, 2006 Wednesday, July 26, 2006 Wednesday, August 23, 2006 Wednesday, September 27, 2006 Wednesday, October 25, 2006 'Wednesday, November 15, 2006 'Wednesday, December 20, 2006 'Tentatively rescheduled from regular fourth Wednesday. H:bepmgendalsteedng Committee\04\Meehng Dates Fom.2.doc STEERING COMMITTEE (1) Roll Call: Meeting Date: September 28, 2005 Meeting Time: 5:00 p.m. Meeting Adjourned: D.M. Committee Members Steve Anderson, Board Chair............................................. Jim Ferryman, Board Vice Chair.........................................— Roy Moore, FAHR Committee Chair................................... Carolyn Cavecche, OMITS Committee Chair....................... Tod Ridgeway, PDC Committee Chair................................ JimSilva. Supervisor.......................................................... Others Brad Hogin, General Counsel Don Hughes Staff Present Blake P. Anderson, General Manager Nick Amontes, Director of Regional Assets & Services Carol Beekman, Director of Public Affairs Bob Ghirelli, Director of Technical Services Jim Herberg, Director of Operations& Maintenance David Ludwin, Director of Engineering Patrick Miles, Director of Information Technology Lorenzo Tyner, Director of Finance/Treasurer Lisa Tomko, Director of Human Resources Gail Garrett, Committee Secretary Other Staff Present Sonja Wassgren Morgan, Principal Public Information Specialist Jeff Reed, Human Resources Manager c: Lenora Crane HddepMgenda\Steering Committee@OOWM92am Roll Call Sheet.3.doc AGENDA REGULAR MEETING OF THE STEERING COMMITTEE ORANGE COUNTY SANITATION DISTRICT WEDNESDAY, SEPTEMBER 28, 2005 AT 5 P.M. ADMINISTRATIVE OFFICE 10844 Ellis Avenue Fountain Valley, California Agenda Posting: In accordance with the requirements of California Government Code Section 54954.2, this agenda has been posted in the main lobby of the District's Administrative offices not less than 72 hours prior to the meeting date and time above. All written materials relating to each agenda item are available for public inspection in the office of the Board Secretary. Items Not Posted: In the event any matter not listed on this agenda is proposed to be submitted to the Committee for discussion and/or action, it will be done in compliance with Section 54954.2(b) as an emergency item or because there is a need to take immediate action,which need came to the attention of the Committee subsequent to the posting of agenda,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 general interest should do so at this time. As determined by the Chairman, speakers may be Book Page I -2- September 28, 2005 Agenda 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 August 24, 2005 Steering Committee meeting. (5) REPORT OF COMMITTEE CHAIR (6) REPORT OF GENERAL MANAGER A. Status of SARI line relocation funding B. Strategic planning activities of the EMT C. Update on Inland Empire Utility Agency regional biosoltds project D. New Office Space for Southern California Coastal Water Research Project (7) REPORT OF GENERAL COUNSEL (8) DISCUSSION ITEMS (Items A-D) A. Acquisition of Property for North County Yard. B. Establishing Support For Gulf Coast Disaster Recovery Efforts (Jeff Reed) C. Review Agenda Items scheduled to be presented to Committees in October (Information item only) D. Review and consideration of Agenda Items for Board of Directors Meeting of September 28, 2005 (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 Book Page 2 -3- September 28, 2005 Agenda (12) FUTURE MEETING DATES The next Steering Committee Meeting is scheduled for 5 p.m., Wednesday, October 26, 2005. The next Board Meeting is scheduled for 7 p.m.,Wednesday, October 26, 2005. (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 Government Code Sections 54956.8, 54956.9. 54957 or 54957.6, as noted. Reports relating to (a) purchase and sale of real property; (b) matters of pending or potential litigation; (c)employment actions or negotiations with employee representatives; or which are exempt from public disclosure under the California Public Records Act, may be reviewed by the Directors during a permitted closed session and are not available for public inspection. At such time as final actions are taken by the Board on any of these subjects, the minutes will reflect all required disclosures of information. A. Convene in closed session, if necessary 1. Conferences with Legal Counsel—Anticipated Litigation. Significant exposure to litigation [Government Code Section 54956.9(b)]: One matter; Possible initiation of litigation [Government Code Section 54956.9(c)]: One matter. 2. Consideration of Public Employee Discipline/Dismissal/Release. [Government Code Section 54957(b)]: one matter. 3. Conference with Legal Counsel—Existing Litigation [Government Code Section 54956.9(a)]: One case: a. Pall Corporation v. OCWD and OCSD, Orange County Superior Court Case No. 02CCO6622 4. Conference with Real Property Negotiators [Government Code Section 54956.81: One property: Property: 7465 Lampson Avenue, Garden Grove, California Agency Negotiator: Terry B. Knapper, CB Richard Ellis Negotiating Parties: Rob Guthrie, Guthrie Development; Frank Adler and Jeff Hirsch, Lee &Associates Under Negotiation: Price, terms and conditions for the purchase, sale exchange, or lease of subject properly. Book Page 3 A- September 28, 2005 Agenda 5. Consider General Manager's Performance Evaluation pursuant to Government Code Section 54957.6. B. Reconvene in regular session C. Consideration of action, if any, on matters considered in closed session. (14) ADJOURNMENT 99 N NEP GENDA�WNG fAMIBREE'MKGENM FOMADOC 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: Brad Hogin (714)564-2606 Committee Secretary: Gail Garrett (714)593-7101 (714)962-0356 (Fax) E-mail: ggamett@ocsd.com Book Page 4 DRAFT MINUTES OF STEERING COMMITTEE MEETING Wednesday, August 24, 2005 A meeting of the Steering Committee of the Orange County Sanitation District was held on Wednesday,August 24, 2005 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: Bradley R. Hogin, General Counsel Steve Anderson, Chair Director Doug Davert Jim Ferryman, Vice Chair Don Hughes Carolyn Cavecche, Chair, OMTS Committee Layne Baroldi Roy Moore, Chairman, FAHR Committee Jennifer Cabral Jim Silva, County Supervisor Jim Colston Mike Moore Ryal Wheeler Directors Absent: STAFF PRESENT: Tod Ridgeway, Chairman, PDC Committee Blake Anderson, General Manager Nick Arhontes, Director of Regional Services and Assets Bob Ghirelli, Director of Technical Services David Ludwin, Director of Engineering Patrick Miles, Director of Information Technology Jim Herberg, Director of Operations and Maintenance 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 July 20, 2005 Steering Committee meeting were approved as drafted. (5) REPORT OF THE COMMITTEE CHAIR Committee Chair Steve Anderson announced the passing today of Director Harry Dotson, whose family has requested donations to the Boys and Girls Club of Stanton for the"Teen Center' expansion. There were no details regarding funeral arrangements. Book Page 5 Minutes of the Steering Committee Page 2 August 24, 2005 Chair Anderson also noted with sadness that Dr. Ron Ltnsky, Executive Director at NW RI, passed away from complications related to an acute form of leukemia. There will be a "Celebration of Life"in mid-October arranged by his family. Several Directors and District staff attended the CASA annual conference in San Diego last week. Director Carolyn Cavecche gave an update on the conference and commended Layne Baroldi for a job well done on the panel. She noted that topics discussed included work by the State Water Resources Control Board (SWRCB)to develop state-wide waste discharge requirements for local sewers and privately owned sewer laterals. Staff noted that our Regional Water Quality Control Board (RWQCB),with our assistance, developed local agency sewer maintenance requirements for our region in 2002 and they seem to be effective and appropriate. Some local agencies in the San Francisco Bay Area region have programs for the repair of laterals at the time of the property sale. Director Carolyn Cavecche announced the Asset Management Consultant Agenda Report the Board referred back to OMITS last month will be the subject of information reports to all three committees in September. Dr. Bob Ghirelli, Director of Technical Services, presented an update on the ongoing discussions with SAWPA on the SARI line improvements and the future use of the SARI line for brine discharges and other wastewater discharges. Dr. Ghirelli provided an update on the Urban Runoff Ad Hoc Committee which met on August 3r°. Committee Chair Don Bankhead will present for board approval tonight Resolution No. OCSD05-22 supporting the countys urban runoff management program. The resolution also authorizes the chair of the board to designate a board representative to the countys urban runoff management committee for the north county area. Committee Chair Doug Davert provided an update on meetings held by the Ad Hoc Committee for the General Manager's Evaluation. a. The committee recommended that Creative Management Solutions be issued a contract at a proposed cost of$18,750 to conduct a management audit of the District- It was moved, seconded and duly carried to approve the recommended action specified in Item 5(a)above. There were no abstentions. b. The committee requested and received direction from the Steering Committee to retain Moreland &Associates to conduct a compliance audit of the Dharma contract to ensure proper procurement practices were followed. It was moved,seconded and duly carried to approve the recommended action specified in Item 5(b)above. There were no abstentions. The above recommendations will be presented to the Board tonight for ratification. General Counsel was directed to retain both consultants. Book Page 6 Minutes of the Steering Committee Page 3 August24, 2005 (6) REPORT OF THE GENERAL MANAGER Dr. Ghirelli reported that SAWPA will work with District staff to explore ways to economically transport brines through the existing SARI line. General Manager Anderson and staff will meet with SAWPA staff to discuss the future of the SARI line. Dr. Ghirelli will meet with the SAWPA board members in the next 30-60 days. Dr. Ghirelli also reported on the Disinfection program and future options. The Operations and Maintenance department is exploring changes in the District's disinfection program that may save the district up to$1 million a year in chemical costs while maintaining compliance with the bacteria and chlorine limits in our ocean discharge permit. This year's annual disinfection budget is over$7 million and the price bleach has risen by more than 30%. Staff will meet with the Regional Water Quality Control Board and with key people in the community to keep them informed. Layne Baroldi updated the committee on the status of the two bills that Senator Dean Florez introduced and the status of the initiative process that the Senator and others are attempting to achieve in Kern County for June 2006. General Manager Anderson and Mr. Baroldi met with City of LA staff and the Citys Board of Public Works President Commissioner Ruiz, at the City's invitation, to discuss a strategy to address the Kern County ballot initiative that seeks to ban all biosolids land application in the unincorporated County areas. The ballot initiative petition is being circulated in Kem County and 15,000 valid signatures are needed to place the initiative on the June 2006 ballot. The proponents plan to collect 30,000 signatures by December 2005. The Executive Management Team held a Retreat on August 8, 2005. General Manager Anderson reported that they are drafting a report on strategic initiates that will be provided to the Steering Committee in September. General Manager Anderson reviewed a 12-Month Summary of the District's legal fees for the period ending June 30. AB1234 (Salinas)re compensation and ethics training which affects cities, counties and special districts will likely be approved by the legislature and signed by the governor. Ethics training will be required for all elected local officials to be conducted every two years. There are additional procedural, sunshine and reporting provisions in the bill that the Sanitation District already performs. General Manager Anderson reported that he has been elected to the CASA Board of Directors as a member at large. He noted this is a distinct advantage to the District and will add to the leadership we already exert on air quality, biosolids and public information issues. (7) REPORT OF GENERAL COUNSEL General Counsel Brad Hogin reported on the following: a. The Bushard settlement is final, pursuant to the Board's approval. Book Paoe 7 Minutes of the Steering Committee Page 4 August24, 2005 b. General Counsel provided an update on the Pall litigation, informing that counsel will be moving forward with a motion for summary adjudication of issues. The GWR Steering Committee will meet with General Counsel on September 12, prior to the Mandatory Settlement Conference on September 16. General Counsel noted that the Pall settlement demand has dropped from $3 million to $580,000. c. Kimberly-Clarke has agreed to third-party oversight to review fees. General Counsel and staff are continuing negotiations with Kimberly Clarke. (8) DISCUSSION ITEMS (Items A-B) A. The Agenda Items scheduled to be reviewed by the Board's working committees in September were reviewed. Jim Herberg, Director of Operations and Maintenance, clarified that OMTS Item 6,Asset Management Improvement is an information only item. Nick Arhontes, Director of Regional Assets and Services, pulled OMTS Item 4, Fleet Management Software system; it will be presented to the December OMTS. General Manager Anderson announced that he will be on vacation from September 1 through September 19, 2005- Dr. Ghirelli will be the Acting General Manager during that period. 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 There were none. (12) CONSIDERATION OF UPCOMING MEETINGS The next Steering Committee meeting is scheduled for Wednesday, September 28, 2005 at 5 p.m. Hunk P3L'U 8 Minutes of the Steering Committee Page 5 August 24, 2005 The next Board Meeting is scheduled for Wednesday, September 28, 2005 at 7 p.m. (13) CLOSED SESSION The Committee convened at 6:20 p.m. in Closed Session, pursuant to Section 54956.9 and 54956.8 to discuss two 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 6:50 p.m., the Committee reconvened in regular session. (14) ADJOURNMENT The Chair declared the meeting adjourned at 6:50 p.m. Submitted by: (�:7� 6w-;,t� Gail Garrett Steering Committee Secretary NVWW,ru,NMe CamMfro�24MC TSCM&S.S.ab[ Book Page 9 STEERING COMMITTEE M-Ing Dah TOBA.or Dir. 09128 /0 5 og/wigs AGENDA REPORT rrem CA) ruY rnM A r7 Orange County Sanitation District FROM: Nick Arhontes, Director, Regional Assets and Services Department SUBJECT: ACQUISITION OF PROPERTY FOR NORTH COUNTY YARD GENERAL MANAGER'S RECOMMENDATION (1)Approve and direct the Board Chair to execute on behalf of the District a Purchase and Sale Agreement in a forth acceptable to General Counsel to acquire the property located at 7465 Lampson Avenue in Garden Grove for$7,900,000; and, (2)Approve the use of the acquired property for the North County Yard. SUMMARY In November 2004, staff provided an initial information item regarding the need for a north county yard facility that included a site selection process for a possible acquisition. Since November 2004, District staff has worked with a commercial real estate brokerage firm to refine the list of likely sites for a north county facility for collections staff. Due to increasing industrial land prices and lack of availability in the original Orange Crush/Platinum Triangle vicinity, staff has investigated locations west of that and north of the Garden Grove Freeway. District staff retained the services of an architectural firm to help evaluate and rank the possible sites. The analysis examined a series of site selection criteria, including site area, building area, and proximity to the center of the service area. Other site factors considered included egress, ease of development, truck route suitability, the tenant improvement costs that were likely to be needed, and other physical issues such as building dock height. The preferred site identified by this evaluation, performed again on September is the property at 7465 Lampson Avenue in Garden Grove. The District obtained an appraisal of the property in July 2005, which indicated a market value of$7,525,000. The owner proposed to sell for$8,300,000. Negotiations continued with the assistance of Director Ridgeway and Terry Knapper of CB/Richard Ellis (the broker representing the District),and the owner is now willing to sell the property for$7,900,000. Although negotiations concerning the terms of the sale are continuing as of the date this Agenda Report was written, the seller has demanded that the Purchase and Sale Agreement be executed by October 3, 2005. In order to place the District in a position to meet that demand, Staff requests authorization from the Board to execute the Agreement for a purchase price of $7,900,000, and otherwise in a form acceptable to General Counsel. Staff will also report to the Board the progress of the negotiations concerning the terms of the sale at the time of the Board meeting. Assuming other terms of the sale can be agreed upon, Staff recommends acquisition at the proposed price in light of the limited and competitive marketplace for similar sites, and the suitability of the site for the north county yard. WWRRR2 i aem,Camnmee12005 92[ $C AR Rem NA)Rem 17 Wm CWnN VarQp% RRn. O W Page 1 Bonk Page I I As a result, Staff requests that your Board authorize the Board Chair to execute an agreement for the purchase price of$7,900,000 and otherwise in a form acceptable to General Counsel. Upon acquisition in an as is condition, District staff will develop and initiate a capital project for the necessary tenant improvements following established District processes and procedures and will thereafter commence to move to and use the property. PRIOR COMMITTEE/BOARD ACTIONS Staff proposed the North County Yard with Information Only Report OMTSO4-57, and provided a status update with an Information Only Report OMTS05-31. PROJECT/CONTRACT COST SUMMARY The proposed purchase price for the property is $7,900,000. BUDGETIMPACT ® This item has been budgeted. (Project 15-04, Budget Book Section 8—page 44) ❑ This Item has been budgeted, but there are insufficient funds. ❑ This Item has not been budgeted. ❑ Not applicable (information item) ADDITIONAL INFORMATION The Regional Assets and Services Department has internally discussed and developed business needs of relocating staff directly involved with the collection systems O&M to a more centralized location. Sewer maintenance staff and equipment were originally based at Plant 1 in Fountain Valley, but due to space limitations, were moved to Plant 2 in Huntington Beach in the late 1980's. Space needs at Plant 2 for facilities growth needs and Treatment plant support staff needs and the mounting cost of fuel and lost productivity caused by crews having to drive their trucks to worksites in the middle of our service area now dictate that sewer maintenance should be moved northward. The proposed site would provide a more centralized location to conduct business. The freeway-close facility near the "Orange Crush" 57122/5 Freeway area was desirable to put staff closer to their work on the small, medium and large pipe cleaning and inspection programs. Lack of availability of desired sites moved our search to the west. The facility should serve as a base for approximately 50 staff, their personal vehicles, district's vehicles, service trucks, parts, supplies, tools and equipment. Space will also be available for some Engineering and Source Control staff should their business needs be better met by moving to a more central location. Staff will continue to use the commercial card lock type fueling facilities countywide and not be constructing any on site fueling facilities for District vehicles. Space will also be available to host training events and regional meetings for joint city and sewering agency activities in this more centralized location, and for shop and storage space. The facility will also be available for Board use as desired. H WroNg Wa4IWW CwmaW1Z005WC 805 WMp %A)1b 17H C IyYeN.dw Femsed:CN M Page 2 Book Page 12 CEQA FINDINGS In accordance with CEQA, the District has evaluated the proposed property acquisition and the use of the property and concluded that the project qualifies for a categorical exemption from the California Environmental Quality Act(CEQA) pursuant to CEQA Guidelines 15301 (Class 1 —operation, repair, maintenance, permitting, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use). The proposed project will utilize the existing structures at the site consistent with previously established and permitted uses at the property, ample parking already exists for the anticipated uses at the site, and only minor interior tenant improvements are required. ATTACHMENTS None JGH:AT:sa & NJA X:blgNpe 1SPmrP,q emmin¢pVCO5b3U92M SC AP 1b NAP MM 17N C—ty YaNdw Page 3 Book Page 13 STEERING COMMITTEE Meeting Date Tu6tl.af Dir. 09/28/05 09/zs/O5 AGENDA REPORT Item Number Item Number 9(s) 19 Orange County Sanitation District FROM: Blake Anderson, General Manager SUBJECT: ESTABLISHING SUPPORT FOR GULF COAST DISASTER RECOVERY EFFORTS GENERAL MANAGER'S RECOMMENDATION 1. Approve Resolution No. OCSD 05-24, Establishing Support for Gulf Coast Disaster Recovery Efforts Related to Hurricanes Emanating from the Gulf of Mexico that is Specifically Targeted to Infrastructure Operations Pertaining to the Collection,Treatment and Disposal of Wastewater and Associated Byproducts as requested through the Federal Emergency Management Agency(FEMA), the Emergency Management Information System (EMIS), or other recognized official National Coordination effort; 2. Authorize the General Manager to enter into individual "Release Time Agreements" with volunteer employees and their recognized employee organizations (i.e., unions or employee associations) based on the following terms: a. A "rotation" of three employees will be released from regular duties at any given time for up to a maximum of twelve calendar days per rotation; b. A total of up to four"rotations"; c. Employees shall be paid for up to 80 hours of regular pay during the time they are away on a twelve day rotation; d. Up to a total of twelve employees maximum released to participate in the response and recovery efforts for a total authorization of 960 hours (12 employees x 80 hours) of regular paid time; e. Cap regular paid time for volunteer employees at an authorized amount not to exceed $75,000 for this effort; and 3. Authorize the General Manager to deploy physical assets into the Gulf Coast area to assist with Disaster Recovery efforts within the scope permitted herein and to support volunteer employees based on the following terms: a. One Hydro Cleaning Vactor Truck and associated equipment deployed to the Gulf Coast region; b. Roundtrip transportation cost to deploy the asset authorized at an amount not to exceed $5,000; c. Sanitation District equipment is to be operated by Sanitation District employees only; d. Estimated equivalent cost of providing the equipment is an additional $20,000; and 4. Permit volunteer employees to engage in recovery efforts that are limited to the rendering of specialized assistance in the areas of engineering, operations and maintenance, and/or technical services in support of infrastructure recovery efforts pertaining to the collection, treatment and/or disposal of wastewater and associated byproducts. H Weppngmda151 n9�90 2515 K 804 D..Wfl 19ugp,I M-09]W5.0 aexsed:06ro 103 Page 1 Book Page 15 SUMMARY 1. The Board Chair and General Manager expressed interest in the Sanitation District providing assistance to the Gulf Coast disaster areas related to Hurricane Katrina. 2. The United States is bracing for Hurricane Rita, upgraded to the maximum danger level of a category five hurricane. Hurricane Rita is headed into the heart of the US oil refining area, which arcs from Corpus Christi, Texas to already devastated New Orleans, Louisiana. 3. The mission of the OCSD is: We, the employees and the Board of Directors of the Orange County Sanitation District,are committed to protect public health and the environment by developing, integrating, and implementing fiscally responsible solutions to wastewater, water reclamation and watershed protection issues. We are a values-based organization dedicated to upholding and consistently demonstrating the attributes affirmed in our Guiding Principles. 4. The Sanitation Districts of Los Angeles County(LACSD) received a specific request from the EMIS through the Los Angeles Emergency Center for assistance in the New Orleans area for site evaluation related to sewage treatment and water reclamation. The following summarizes the LACSD experience: a. LACSD selected two employees to respond to the request. b. The employees selected were superintendent level with an operations background. c. The employees were deployed for three days. d. There was no organizational reporting structure in-place. e. Interaction did occur with FEMA, State and local officials without determining a method for assistance. f. The employees returned home without rendering aid. g. No additional LACSD employees have been deployed. 5. The potential for OCSD involvement was reviewed by senior management, which involved evaluation of various impacts including, but not limited to, the following: a. Allocation of resources and benefits to OCSD b. Volunteer activities and employer liabilities c. OCSD operational requirements d. Regular pay e. Overtime pay f. Supervision g. Release time h. Mental health counseling L Workers' Compensation j. Tort liabilities 6. It is recommended that if OCSD supports the effort it be accomplished by entering into "Release Time Agreements"for employees who volunteer for the effort. 7. Establishing "Release Time Agreements'will limit OCSD to the following: a. Regular pay for up to 80 hours per employee b. Workers' Compensation claims for injuries occurring while employees are engaged in activities that fall within the course and scope of employment n wepiayaa Zls no cw��e�zoosmaaxwssc aeru®a�nemwrSugMM.wiammc ae„W o W Page 2 Book Page 16 c. Liabilities related to Tort Claims d. Resulting impacts on OCSD operations 8. Risks to OCSD are: a. OCSD will absorb the salary costs for the employees for up to 80 hours. b. Any injury suffered by an employee during the deployment would be subject to benefits under Workers' Compensation as this would be viewed as a work assignment. c. Public perception on the use of public funds. d. Backfilling and overtime costs 9. Benefits to OCSD include on-the-job training for employees related to knowledge and skill development for application in the event of a disaster impacting OCSD operations. 10. 00SD will send employees and assets to the Gulf Coast region only under the following conditions: a. There are adequately described and planned activities or objectives provided to the Sanitation District by the coordinating authority; b. The Sanitation district has received a specific request for the planned activities or objectives from the coordinating authority; and, c. The General Manager has determined that the specific employees and assets that will be provided are appropriate for the planned activities or objectives. PRIOR COMMITTEE/BOARD ACTIONS None PROJECTICONTRACT COST SUMMARY The labor cost associated with the effort would be based on an employee's hourly pay rate up to a maximum of 80 hours. The average fully burdened hourly rate for a Sanitation District employee is approximately$60.00. The approximate costs for release time of twelve employees at 960 hours based on an average fully burdened rate would be $60,000. The amount could vary based on an employee's actual hourly pay rate. Transportation costs associated with the deployment of a hydro cleaning vector truck is approximated at$5,000.The monthly rental rate for a similar piece of equipment is approximately$8,500 per month (minimum two week rental @ $5100). Approximate costs for a six week deployment would be$20,000. BUDGETIMPACT ® This item has been budgeted. (Line item: Salaries and Wages) ❑ This item has been budgeted, but there are insufficient funds. ❑ This item has not been budgeted. ❑ Not applicable (information item) ADDITIONAL INFORMATION There are two distinct advantages to the Sanitation District to participate in this recovery effort. First, it reinforces our willingness to meaningfully participate in National mutual aid efforts. Our H"EVO��%M9151t01nYCwmillee2W9WDB2BO5 SC NE40m1w Pw S�M-MMAX Page 3 Book Page 17 willingness to Provide assistance today may be very helpful when we ask for assistance tomorrow. Second, our staff will learn firsthand what it takes to recover from a large-scale disaster. We will incorporate our learning into our own Integrated Emergency Response Plan. Currently, there is no Board policy supporting the Sanitation District's participation in emergency response or relief efforts related to disasters or other emergencies at Regional, National or International levels. The Sanitation District has a mutual aid agreement approved by the Board of Directors that supports assistance from OCSD at the local and State levels. The Integrated Emergency Response Plan (IERP)was originally issued December 31, 1996. The Plan provides for OCSD response in the event of disaster(natural or manmade) and other emergencies. The goals of the IERP are to: • Protect human life. • Protect the environment. • Prevent or reduce property damage. • Restore normal operations. When emergencies exceed the Sanitation District's capabilities, assistance from local agencies will be requested through prearranged agreements and working relationships. When local resources are exhausted, assistance will be requested in accordance with the Operational Area Agreement. This is provided for in the Mutual Aid Plan section of the IERP. The Sanitation District has signed the Operational Area Agreement. The "Operational Area" is defined as Orange County. In addition, since the State of California has implemented the Standardized Emergency Response Management System (SEMS), the Sanitation District may be called upon to assist in an emergency anywhere in the State through the Operational Area. Staff intends on bringing an item to the Board of Directors in October 2005 on the National Incident Management System (NIMS), which will replace SEMS. The Sanitation District's mutual aid agreement authorizes the allocation of resources for activities not directly related to OCSD operations and provides benefit to OCSD with respect to requesting mutual aid from other organizations in the event of a disaster or other emergency impacting Sanitation District operations. The Board Chair and the General Manager have expressed interest in the Sanitation District providing assistance in mutual aid activities that extend beyond the local or State levels. This has occurred recently with respect to the Tsunami that struck Indonesia in January 2005 and Hurricane Katrina,which struck the Gulf Coast at the end of last month (August 29, 2005). The General Manager's recommendation provides the Board of Directors a measured level of response should it be deemed appropriate for the Sanitation District to provide assistance. ALTERNATIVES • No Action. • Deny the recommendation in its entirety. • Approve"Release Time Agreements" only and no use of equipment. • Approve vacation requests by employees, after consideration of OCSD business needs, which allows employees the opportunity to volunteer time without regular pay. NWeG�MO•Me�51e•f^3 C ..owswaA M sc e(e)D.FaswvSuppa ut•W805eec Page 4 Book Page 18 CECIA FINDINGS N/A ATTACHMENTS 1. OCSD Resolution No. 05-24 2. Draft- Release Time Agreement—Exempt Employees 3. Draft - Release Time Agreement—Non-Exempt Employees K: MpnEal4l WCamm'IbpVMSOBgBYBpS SC 8481 aWlq REMrery SW M-OWOOS,Epc RW W:oarowa Page 5 Book Page 19 RESOLUTION NO. OCSD 05-24 A RESOLUTION OF THE BOARD OF DIRECTORS OF ORANGE COUNTY SANITATION DISTRICT APPROVING THE WHEREAS, Hurricane Katrina is one of the largest natural disasters in the history of this Nation; and WHEREAS, emergency response needs in the Gulf Coast have exceeded the capacity of local resources; and WHEREAS, the American Red Cross has asked for volunteers to assist in the disaster relief efforts on the Gulf Coast; and WHEREAS, the Orange County Sanitation District and its employees are ready, willing and able to provide assistance; and WHEREAS, the provision of such assistance will not only benefit Gulf Coast residents, but also the District because of the experience and training that could be applied in the event of a local disaster. NOW, THEREFORE, the Board of Directors of Orange County Sanitation District DOES HEREBY RESOLVE AS FOLLOWS: 1. The General Manager may approve up to three (3) employees to be released from regular duties at any one time for a maximum of twelve (12) calendar days in order to support the Gulf Coast emergency response efforts related to Hurricane Katrina. 2. Released employees shall engage in relief efforts that are limited to the provision of medical aid or the rendering of specialized assistance in the areas of engineering, operations and maintenance or technical services. 3. Released employees and their recognized employee organizations, if any, shall enter into "release time agreements" prior to deployment. Said agreements shall be substantially similar to the agreements attached hereto as Exhibit A. Z03031G Book Page 21 PASSED AND ADOPTED at a regular meeting held Chair ATTEST: Board Secretary ZOE031A Book Page 22 EXHIBIT A RELEASE TIME AGREEMENT (Exempt Employees) The Orange County Sanitation District ("OCSD"), the Association ("Association"), and (hereinafter referred to as "Employee") hereby agree as follows: 1. Employee will be released from working his or her regularly scheduled shifts between the period of and 2. The parties have entered into this Agreement for purposes of utilizing Employee's knowledge and expertise in the field of to provide assistance to the City of New Orleans with the damage caused by Hurricane Katrina. OCSD will benefit therefrom in the following manner: 3. The purpose of this Agreement is to relieve Employee from performing Employee's regular duties for OCSD. In lieu of performing his or her regular duties, OCSD shall authorize Employee to take a leave of absence for purposes of providing assistance with the clean-up and relief efforts to the City of New Orleans on behalf of OCSD. Time spent providing such assistance will be considered "hours worked" for purposes of making retirement contributions and accruing all other OCSD benefits. 4. Employee will receive compensation at his or her regular rate of pay during this period and shall continue to accrue vacation and sick leave and receive all other benefits the Employee is ordinarily entitled to receive, including health benefits and contributions toward retirement. Additionally, vacation and sick leave balances will not be reduced during this time. 5. Employee shall be covered by OCSD's workers' compensation program during the period covered by this Agreement so long as any injury for which workers' compensation benefits are sought occurs while Employee is engaged in activities that fall within the course and scope of his or her employment. For purposes of this Agreement, such activities consist of those set forth in paragraph 7. 6. In accordance with the provisions of the California Tort Claims Act, Government Code Section 810, at sea., OCSD agrees to defend, indemnify and pay all damages, including special and general damages, and costs of litigation matters, current and future, in which Employee is named as a party as a result of activities performed pursuant to this agreement and set forth in paragraph 7. OCSD reserves the right to refuse to defend, indemnify and pay damages for acts or omissions which were fraudulent, committed with actual malice or otherwise outside the scope of the activities outlined in this agreement. Employee agrees to cooperate in any and all litigation matters which may be filed against OCSD or 209031.1 Book Page 23 EXHIBIT A Employee, and Employee shall cooperate with OCSD's efforts in defending such litigation. OCSD shall comply with the provisions of Government Code section 825, at sea. in determining whether any award of punitive damages awarded against Employee shall be paid. 7. OCSD has identified the following activities to be performed by Employee while on release time: a) Assist with b) c) 8. This Agreement may be terminated by either party upon written notice without having to demonstrate or prove cause. Upon termination, Employee shall return to his previous position with OCSD without loss of benefits or seniority. 9. To the extent that any of the provisions of this Agreement are inconsistent, or conflict, with provisions of the parties' Memorandum of Understanding, the provisions of this Agreement shall supersede. 10. This Agreement will expire on Any extension of this Agreement beyond this date must be approved by separate written agreement, by both the OCSD General Manager and Employee. ORANGE COUNTY SANITATION ASSOCIATION DISTRICT Blake Anderson, General Manager Date: Date: EMPLOYEE Date: 48031.1 Book Page 24 EXHIBIT A RELEASE TIME AGREEMENT (Non-Exempt Employees) The Orange County Sanitation District ("OCSD"), the Association ("Association"), and (hereinafter referred to as "Employee") hereby agree as follows: 1. Employee will be released from working his or her regularly scheduled shifts between the period of and 2. The parties have entered into this Agreement for purposes of utilizing Employee's knowledge and expertise in the field of to provide assistance to the City of New Orleans with the damage caused by Hurricane Katrina. OCSD will benefit therefrom in the following manner: 3. The purpose of this Agreement is to relieve Employee from performing Employee's regular duties for OCSD. In lieu of performing his or her regular duties, OCSD shall authorize Employee to take a leave of absence for purposes of providing assistance with the clean-up and relief efforts to the City of New Orleans on behalf of OCSD. Time spent providing such assistance will be considered "hours worked" for purposes of the Fair Labor Standards Act and for purposes of making retirement contributions and accruing all other OCSD benefits. 4. While released from regular duty, Employee understands and agrees that he or she will neither work nor receive pay for more than forty hours in one workweek (Sunday to Saturday). Any additional time spent providing assistance by Employee will be considered time volunteered by Employee to the City of New Orleans and Employee will not receive any compensation from OCSD for such time. 5. Employee will receive compensation at his or her regular rate of pay during this period. Employee agrees to provide to his or her supervisor a timesheet demonstrating hours worked during this period; such timesheet to be submitted every_weeks. 6. During the period of time for which he or she is released from regular duty, Employee shall continue to accrue vacation and sick leave and receive all other benefits the Employee is ordinarily entitled to receive, including health benefits and contributions toward retirement. Additionally, vacation and sick leave balances will not be reduced during this time. 7. Employee shall be covered by OCSD's workers' compensation program during the period covered by this Agreement so long as any injury for which workers' M8031.1 Book Page 25 EXHIBIT A compensation benefits are sought occurs while Employee is engaged in activities that fall within the course and scope of his or her employment. For purposes of this Agreement, such activities consist of those set forth in paragraph 9. 8. In accordance with the provisions of the California Tort Claims Act, Government Code Section 810, at sec., OCSD agrees to defend, indemnify and pay all damages, including special and general damages, and costs of litigation matters, current and future, in which Employee is named as a party as a result of activities performed pursuant to this agreement and set forth in paragraph 9. OCSD reserves the right to refuse to defend, indemnify and pay damages for acts or omissions which were fraudulent, committed with actual malice or otherwise outside the scope of the activities outlined in this agreement. Employee agrees to cooperate in any and all litigation matters which may be filed against OCSD or Employee, and Employee shall cooperate with OCSD's efforts in defending such litigation. OCSD shall comply with the provisions of Government Code section 825, at sea. in determining whether any award of punitive damages awarded against Employee shall be paid. 9. OCSD has identified the following activities to be performed by Employee while on release time: a) Assist with b) c) 10. This Agreement may be terminated by either party upon written notice without having to demonstrate or prove cause. Upon termination, Employee shall return to his previous position with OCSD without loss of benefits or seniority. 11. To the extent that any of the provisions of this Agreement are inconsistent, or conflict, with provisions of the parties' Memorandum of Understanding, the provisions of this Agreement shall supersede. 12. This Agreement will expire on Any extension of this Agreement beyond this date must be approved by separate written agreement, by both the OCSD General Manager and Employee. ORANGE COUNTY SANITATION ASSOCIATION DISTRICT Blake Anderson General Manager 48031.1 Book Page 26 EXHIBIT A Date: Date: EMPLOYEE Date: mml.1 Book Page 27 STEERING COMMITTEE Mftdng Date To 8d.of Dlr. o9,zeios AGENDA REPORT Item Number Item Number 8(c) Orange County Sanitation District FROM: Blake P. Anderson, General Manager Originator: Gail Garrett, Committee Secretary SUBJECT: October Agenda Items for Consideration by Working Committees GENERAL MANAGER'S RECOMMENDATION Review with staff the agenda items tentatively scheduled for review by the Working Committees in October SUMMARY Staff routinely prepares for the Steering Committee a list of items scheduled for presentation to the Working Committees and the Board at their next monthly meetings. This allows the Steering Committee the opportunity to review these items early enough to make reassignments in the review or approval process. The following items are scheduled to be considered by the Committees in October: OMTS Committee will be dark in October. PDC Committee: 1. Ratify Change Order No. 17 for Job No. 1-2-4, Bushard Trunk Sewer Rehabilitation 2. Ratify Change Order No. 9 for Job No. J-77, Effluent Pump Station Annex 3. Ratify Change Order No. 14 for Job No. J-35-1, Area Classification Studies, Plant Nos. 1 and 2 4. Ratify Change Order No. 23 for Job No. P1-37, Primary Clarifiers 16-31 and Related Facilities 5. Approve Construction Contract for Job No. 132-90, Rehabilitation of the Activated Sludge Plant at Plant No. 2 6. Approve Amendment No. 4 to PSA for Contract No. 2-24-1, Carbon Canyon Sewer and Pump Station Abandonment Project 7. Approve PSA for Job No. 1-2-4, Bushard Trunk Sewer Rehabilitation 8. Approve Amendment No. 5 to PSA for Job No. 1-10, Rehabilitation of Ellis Avenue Pump Station 9. Approve Amendment No. 5 to PSA for Job No. J-84, Space Allocation and Interior Renovation 10. Award Construction Contract for Job No. FE-05-31, Plant No. 1 Underground Storage Tank Rehabilitation at Electric Power Building 4 11. Award Construction Contract for Job No. FE05-34, Plant No. 2 Underground Storage Tank Rehabilitation Headworks Power Building B Book Pop 29 12. Award Construction Contract for Job No. FE05-32, Plant No. 1 Underground Storage Tank Rehabilitation at CenGen 13. Award Construction Contract for Job No. FE05-33, Plant No. 1 Underground Storage Tank Removal at Auto Shop 14. Award Construction Contract for Job No. FE05-29, Plant No. 1 Underground Storage Tank Rehabilitation at Electric Power Building 2 15. Report on Job No. J-73-2, Long Term Permanent Monitoring Program FAHR Committee: 1. Report on Results of 2005 COP Issue 2. Consider Quarterly Safety Policies 3. Report on Quarterly Public Affairs Plan Update 4. Consider National Emergency Management Systems 5. Report on Security Concepts 6. Consider Results of Non-Residential Parcel Review Project PROJECT/CONTRACT COST SUMMARY N/A BUDGETIMPACT ❑ This item has been budgeted. (Line item: ) ❑ This item has been budgeted, but there are insufficient funds. ❑ This item has not been budgeted. ® Not applicable (information item) ADDITIONAL INFORMATION NA ALTERNATIVES NA CEQA FINDINGS Not a project. H:MapOgH aVaeOnB Cw It =05W 92005 UM MAW W nee m IhR,6 M Ren mom Page 2 Book Page 30 ATTACHMENTS NA 99 H:W¢pllepmEalSYeMnO Ua lt.=N0RM5 Hel aIAR Mnee1 nl ,6 d. aewea:5 3 Page 3 Book Page 31 STEERING COMMITTEE Meeting Date To ad.of Dir. 9/28/05 AGENDA REPORT Item Number Item Number ecD t 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 September 28, 2005 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 September 28, 2005 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. No items to be considered END OF CONSENT CALENDAR 10. Consideration of items deleted from Consent Calendar, if any. COMMITTEE REPORTS AND RECOMMENDED ACTIONS 11. STEERING COMMITTEE Consent Calendar a. Order draft Steering Committee Minutes for the meeting held on August 24, 2005, to be filed. Book Page 33 Non-Consent Calendar b. Review and consideration of agenda items considered by the Steering Committee re the September 28, 2005 meeting. C. Consideration of items deleted from Steering Committee Consent Calendar, if any. 12. OPERATIONS, MAINTENANCE AND TECHNICAL SERVICES COMMITTEE (OMTS) Consent Calendar a. Order draft Operations, Maintenance and Technical Services Committee Minutes for the meeting held on September 7, 2005, to be filed. b. Authorize the General Manager to approve Amendment No. 2 to the Power Purchase Agreement (QF 1098)with Southern California Edison Company, changing the type of the Plant 2 power generating facility from small power producer to co-generator facility. C. Receive and file Biannual Consent Decree Report submitted to the Environmental Protection Agency and Regional Water Quality Control Board regarding secondary treatment compliance. d. (1) Establish an initial budget not to exceed $260,000 annually for the Fats, Oil and Grease (FOG) screening inspection program of which the District's proportionate share is estimated at a maximum of$12,000 per year, (2)Authorize the General Manager to enter into an agreement with the County of Orange for the provision of the FOG inspection program by the Orange County Health Care Agency for three years, in a form approved by General Counsel; and, (3)Authorize the General Manager to enter into agreements with each participating Wastewater Discharge Requirement (WDR) Co-Permittee for inspections in their service areas for three years. e. Approve Amendment No. 2 to the Consultant Services Agreement with Linjer Inc., providing for continuing consulting services to manage the completion of the Collection Facilities O&M Division's Reinvention Project, for an amount not to exceed $112,000 effective September 27, 2005 through June 30, 2006. Non-Consent Calendar f. (1) Receive and file Asset Management Plan 2005 Executive Summary prepared by GHD, LLC and Staff; H:weptag�dMSIeenna e0?M11e6 MSWPD53W UN d Aft for Sept.Bwrdar.i.Ux ae.+ MOM Page 2 Book Page 34 (2) Receive and file OCSD Asset Management Improvement Program Overall Roadmap 2005, prepared by GHD, LLC, dated June 2005; and, (3)Approve Amendment No. 2 to the Consulting Services Agreement with GHD, LLC for Asset Management, Job No. SP-68-02, to continue services for a thirteen-month period from July 1, 2005 to July 31, 2006 for an additional cost of$550,000, increasing the total amount not to exceed $918,000. g. Consideration of items deleted from OMTS 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 September 1, 2005 to be filed. b. (1) Ratify Change Order No. 2 to HVAC Replacement for Operations Center at Plant No. 2, Job No. FE02-62, with Bon Air, Inc. authorizing an additional $4,841, increasing the total contract amount to $216,549; and, (2)Accept HVAC Replacement for Operations Center at Plant No. 2, Job No. FE02-62, as complete, authorizing the Final Closeout Agreement. C. Ratify Change Order No. 22 to Primary Clarifiers 16-31 and Related Facilities, Job No. 131-37, with Margate Construction, authorizing an addition of$48,078, increasing the total contract amount to$71,756,818. d. Ratify Change Order No. 5 to Gisler-Redhill Trunk Improvements, Reach "A", Contract No. 7-36; Orange Trunk Improvements, Contract No. 7-39; Gisler-Redhill/North Trunk Improvements, Contract No. 7-41; and City of Tustin Project Nos. 6106 and 6151, with ARB, Inc., authorizing an addition of$209,252 and 21 calendar days, increasing the total contract amount to $20,169,324. e. Approve Amendment No. 1 to the Professional Services Agreement with Malcolm Pirnie, Inc. for Primary Treatment Rehabilitation and Refurbishment, Job No. P2-80, providing for additional engineering services for an additional amount of$829,984, increasing the total amount not to exceed $6,608,502. f. Approve Amendment No. 4 to the Professional Services Agreement with Malcolm Pirnie, Inc. for Rehabilitation of Ellis Avenue Pump Station, Job No. 1-10, providing for additional design engineering services for an additional amount of$899,979, increasing the total amount not to exceed $4,799,255. HM.1a,-aeftWne a Aft W Sa lm ..74. ftaW:$Q0M Page 3 Book Page 35 Nan-Consent Calendar g. Approve Amendment No. 6 to the Professional Service Agreement with Tran Consulting Engineers for additional construction support services for Sunflower Interceptor Manhole Rehabilitation, Contract No. 7-21, for an additional amount of$29,600, increasing the total amount not to exceed $614,295. h. Consideration of items deleted from PDC Consent Calendar, if any. 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 September 14, 2005 to be filed. (Minutes to be distributed at 09128105 Board Meeting.) b. Receive and file Treasurer's Report for the month of August 2005. C. Receive and file report of General Manager approved purchases in amounts exceeding $50,000 in accordance with Board purchasing policies. d. Adopt Resolution No. OCSD05-23, amending Resolution No. OCSD 98- 33, amending Human Resources Policies and Procedures Manual. e. Receive and file SWAP Report for the quarter ended June 30, 2005. f. Receive and file Quarterly Investment Management Program Report for the period April 1, 2005 through June 30, 2005. FAHR Non-Consent Calendar g. (1) Receive and file letter from Newport Fab, LLC dated November 29, 2004, requesting a transfer of the flow baseline established by Conexant and, (2) Deny request to transfer the flow baseline previously established by Conexant to Newport Fab, LLC. h. Consideration of items deleted from FAHR Consent Calendar, if any. M:WBpINBmaaW.na Cgmis�s W.d N NSed.awubB,.)Lx Page 4 Book Page 36 15. GWR SYSTEM STEERING COMMITTEE (GWRSSCI GWRSSC Consent Calendar a. Order Joint Groundwater Replenishment System Steering Committee Minutes for the meeting held on August 8, 2005 to be filed. GWRSSC Non-Consent Calendar b. Consideration of items deleted from GWRSSC Consent Calendar, if any. NON-CONSENT CALENDAR 16. (1)Approve Plans and Specifications for Bushard Trunk Sewer Rehabilitation Pipe Procurement, Job No. 1-2-4P, on file at the office of the Board Secretary; (2)Approve Addenda Nos. 1 and 2 to the plans and specifications; (3) Receive and file bid tabulation and recommendation; and, (4)Award a Purchase Contract to Ameron International for Bushard Trunk Sewer Rehabilitation Pipe Procurement, Job No. I-2-4P, for an amount not to exceed $7,699,777.30. 17. (1) Approve and direct the Board Chair to execute on behalf of the District a Purchase and Sale Agreement in a form acceptable to General Counsel to acquire the property located at 7465 Lampson Avenue in Garden Grove for $7,900,000; and, (2)Approve the use of the acquired property for the North County Yard. 18. (1) Approve Resolution No. OCSD 05-24, Establishing Support for Gulf Coast Disaster Recovery Efforts Related to Hurricanes Emanating from the Gulf of Mexico that is Specifically Targeted to Infrastructure Operations Pertaining to the Collection, Treatment and Disposal of Wastewater and Associated Byproducts as requested through the Federal Emergency Management Agency (FEMA), the Emergency Management Information System (EMIS), or other recognized official National Coordination effort; (2)Authorize the General Manager to enter into individual "Release Time Agreements"with volunteer employees and their recognized employee organizations (i.e., unions or employee associations) based on the following terms: a. A "rotation" of three employees will be released from regular duties at any given time for up to a maximum of twelve calendar days per rotation; b. A total of up to four"rotations"; Hmeoag�na uu m a for seq.awmrer.�.aoc R.W B/M Page 5 Book Page 37 c. Employees shall be paid for up to 80 hours of regular pay during the time they are away on a twelve day rotation; d. Up to a total of twelve employees maximum released to participate in the response and recovery efforts for a total authorization of 960 hours (12 employees x 80 hours) of regular paid time; e. Cap regular paid time for volunteer employees at an authorized amount not to exceed $75,000 for this effort; and (3)Authorize the General Manager to deploy physical assets into the Gulf Coast area to assist with Disaster Recovery efforts within the scope permitted herein and to support volunteer employees based on the following terms: a. One Hydro Cleaning Vector Truck and associated equipment deployed to the Gulf Coast region; b. Roundtrip transportation cost to deploy the asset authorized at an amount not to exceed $5,000; c. Sanitation District equipment is to be operated by Sanitation District employees only; d. Estimated equivalent cost of providing the equipment is an additional $20,000; and (4) Permit volunteer employees to engage in recovery efforts that are limited to the rendering of specialized assistance in the areas of engineering, operations and maintenance, and/or technical services in support of infrastructure recovery efforts pertaining to the collection, treatment and/or disposal of wastewater and associated byproducts. 19. Closed Session 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 nweW'apenaevweM a ue1 a A%ro,Seq.eoe,aa,.t.a« as„sw: eases Page 6 Book Page 38 ALTERNATIVES NA CEQA FINDINGS Not a project. ATTACHMENTS NA 99 M WniWgB Zl�^9 Co: Flc,OUW�2905 OV of ARy for xol.2be Nor.].aoC Ro . Wa Page 7 Book Pa-e 39 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 " ORANGE COUNTY SANITATION DISTRICT BOARD SECRETARY(2) Phone: (714)962-2411 I..: (714196M356 uww..e.d.mm me111nY.ed:es.: NOTICE OF MEETING P.O. Box B127 Fountain Valle,,CA OF THE 9272E-6127 STEERING COMMITTEE street.dare..: 1 Oe44 Ellis pause, Fountain Valle,,CA ORANGE COUNTY SANITATION DISTRICT 92709-7019 0er NgenAgencies; WEDNESDAY, September 28, 2005 - 5 P.M. • MO.. Anaheim DISTRICT'S ADMINISTRATIVE OFFICE Bras 10844 ELLIS AVENUE .dens Park Cypress FOUNTAIN VALLEY, CALIFORNIA 92708 Fountain Valley Fullerton Gordon Grove HvnHuntingtongtogron Beech Irvine Le Habra A regular meeting of the Steering Committee of the Board of Directors of to Palma Los Alamitos Orange County Sanitation District will be held at the above location, date and Newport Beech time. Grange Placed&. Sent.A. Seal Beach Stanton Tustin Was Park ,onto Linda County of Orange emits" Districts Costa Mesa Midway City Water District. Irvine Reach H9dept\agendMSleering Committee\2005\09\SC Meeting Notice Form.t.doc To maintain world-class leadership in wastewater and water resource management. STEERING COMMITTEE AND BOARD MEETING DATES FOR THE NEXT TWELVE MONTHS Wednesday, October 26, 2005 'Wednesday, November 16, 2005 'Wednesday, December21, 2005 Wednesday, January 25, 2006 Wednesday, February 22, 2006 Wednesday, March 22, 2006 Wednesday, April 26, 2006 Wednesday, May 24, 2006 . Wednesday, June 28, 2006 Wednesday, July 26, 2006 Wednesday, August 23, 2006 Wednesday, September 27. 2006 Wednesday, October 25, 2006 "Wednesday, November 15, 2006 'Wednesday, December20, 2006 'Tentatively rescheduled from regular fourth Wednesday. KWeptkagenda\Steering CommldeeM Meeting Dates Fom.'L.doc STEERING COMMITTEE (1) Roll Call: Meeting Date: September 28, 2005 Meeting Time: 5:00 o.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....................... - Tod Ridgeway, PDC Committee Chair................................— Jim Silva, Supervisor.......................................................... Others Brad Hogin, General Counsel Don Hughes Staff Present Blake P. Anderson, General Manager Nick Arhontes, Director of Regional Assets &Services Carol Beekman, Director of Public Affairs Bob Ghirelli, Director of Technical Services Jim Herberg, Director of Operations& Maintenance David Ludwin, Director of Engineering Patrick Miles, Director of Information Technology Lorenzo Tyner, Director of Finance/Treasurer Lisa Tomko, Director of Human Resources Gail Garrett, Committee Secretary Other Staff Present Sonja Wassgren Morgan, Principal Public Information Specialist Jeff Reed, Human Resources Manager c: Lenora Crane H:WepilegeneaZteering CommldeaQ005\09W92805 Roll Cali Sheet.3.Goc AGENDA REGULAR MEETING OF THE STEERING COMMITTEE ORANGE COUNTY SANITATION DISTRICT WEDNESDAY, SEPTEMBER 28, 2005 AT 5 P.M. ADMINISTRATIVE OFFICE 10844 Ellis Avenue Fountain Valley, California Agenda Posting: In accordance with the requirements of California Government Code Section 54954.2, this agenda has been posted in the main lobby of the District's Administrative offices not less than 72 hours prior to the meeting date and time above. All written materials relating to each agenda item are available for public inspection in the office of the Board Secretary. Items Not Posted: In the event any matter not listed on this agenda is proposed to be submitted to the Committee for discussion and/or action, it will be done in compliance with Section 54954.2(b) as an emergency item or because there is a need to take immediate action,which need came to the attention of the Committee subsequent to the posting of agenda,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 Govemment Code Section 54954.2(b)(3). Meetina Adioumment: 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 general interest should do so at this time. As determined by the Chairman, speakers may be Book Page 1 -2- September 28, 2005 Agenda 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 August 24, 2005 Steering Committee meeting. (5) REPORT OF COMMITTEE CHAIR (6) REPORT OF GENERAL MANAGER A. Status of SARI line relocation funding B. Strategic planning activities of the EMT C. Update on Inland Empire Utility Agency regional biosolids project (7) REPORT OF GENERAL COUNSEL (8) DISCUSSION ITEMS (Items A-D) A. Acquisition of Property for North County Yard. B. Establishing Support For Gulf Coast Disaster Recovery Efforts (Jeff Reed) C. Review Agenda Items scheduled to be presented to Committees in October (information item only) D. Review and consideration of Agenda Items for Board of Directors Meeting of September 28, 2005 (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 Book Page 2 -3- September 28, 2005 Agenda (12) FUTURE MEETING DATES The next Steering Committee Meeting is scheduled for 5 p.m.,Wednesday, October 26, 2005. The next Board Meeting is scheduled for 7 p.m., Wednesday, October 26, 2005. (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 Government Code Sections 54956.8, 54956.9. 54957 or 54957.6, as noted. Reports relating to (a) purchase and sale of real property; (b)matters of pending or potential litigation; (c)employment actions or negotiations with employee representatives; or which are exempt from public disclosure under the California Public Records Act, may be reviewed by the Directors during a permitted closed session and are not available for public inspection. At such time as final actions are taken by the Board on any of these subjects, the minutes will reflect all required disclosures of information. A. Convene in closed session, if necessary 1. Conferences with Legal Counsel—Anticipated Litigation. Significant exposure to litigation [Government Code Section 54956.9(b)]: One matter, Possible initiation of litigation [Government Code Section 54956.9(c)]: One matter. 2. Consideration of Public Employee Discipline/Dismissal/Release. [Government Code Section 54957(b)]: one matter. 3. Conference with Legal Counsel—Existing Litigation [Government Code Section 54956.9(a)]: One case: a. Pall Corporation v. OCWD and OCSD, Orange County Superior Court Case No. 02CC06622 4. Conference with Real Property Negotiators [Government Code Section 54956.8]: One property: Property: 7465 Lampson Avenue, Garden Grove, California Agency Negotiator: Terry B. Knapper, CB Richard Ellis Negotiating Parties: Rob Guthrie, Guthrie Development; Frank Adler and Jeff Hirsch, Lee&Associates Under Negotiation: Price, terms and conditions for the purchase, sale exchange,or lease of subject property. Book Page 3 -4- September 28, 2005 Agenda 5. Consider General Manager's Performance Evaluation pursuant to Government Code Section 54957.6. B. Reconvene in regular session C. Consideration of action, if any, on matters considered in closed session. (14) ADJOURNMENT 99 H.➢E GENUA�STEERING WMMnTEE vGENW FOWA.WG 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: Brad Hogin (714)564-2606 Committee Secretary: Gail Garrett (714)593-7101 (714)962-0356 (Fax) E-mail: ggarrett@ocsd.com Book Page 4 DRAFT MINUTES OF STEERING COMMITTEE MEETING Wednesday, August 24, 2005 A meeting of the Steering Committee of the Orange County Sanitation District was held on Wednesday, August 24,2005 at 5 p.m., in the Districts Administrative Office. (1) The roll was called and a quorum declared present, as follows: STEERING COMMITTEE MEMBERS, OTHERS PRESENT: Directors Present: Bradley R. Hogin, General Counsel Steve Anderson, Chair Director Doug Davert Jim Ferryman, Vice Chair Don Hughes Carolyn Cavecche, Chair, OMTS Committee Layne Baroldi Roy Moore, Chairman, FAHR Committee Jennifer Cabral Jim Silva, County Supervisor Jim Colston Mike Moore Ryal Wheeler Directors Absent STAFF PRESENT: Tod Ridgeway, Chairman, PDC Committee Blake Anderson, General Manager Nick Arhontes, Director of Regional Services and Assets Bob Ghirelli, Director of Technical Services David Ludwin, Director of Engineering Patrick Miles, Director of Information Technology Jim Herberg, Director of Operations and Maintenance 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 July 20, 2005 Steering Committee meeting were approved as drafted. (5) REPORT OF THE COMMITTEE CHAIR Committee Chair Steve Anderson announced the passing today of Director Harty Dotson, whose family has requested donations to the Boys and Girls Club of Stanton for the"Teen Center" expansion. There were no details regarding funeral arrangements. Book Page 5 Minutes of the Steering Committee Page 2 Augusl24, 2005 Chair Anderson also noted with sadness that Dr. Ron Linsky. Executive Director at NWRI, j passed away from complications related to an acute form of leukemia. There will be a "Celebration of Life" in mid-October arranged by his family. Several Directors and District staff attended the CASA annual conference in San Diego last week. Director Carolyn Cavecche gave an update on the conference and commended Layne Baroldi for a job well done on the panel. She noted that topics discussed included work by the State Water Resources Control Board (SWRCB)to develop state-wide waste discharge requirements for local sewers and privately owned sewer laterals. Staff noted that our Regional Water Quality Control Board (RWQCB),with our assistance, developed local agency sewer maintenance requirements for our region in 2002 and they seem to be effective and appropriate. Some local agencies in the San Francisco Bay Area region have programs for the repair of laterals at the time of the property sale. + Aq�Ver-+_ Director Carolyn Cavecche announced the Asset Management report the Board �� last month will be at-all thrPne committees in September. �d IMIMYMwh 1/r As +F 4• 0 S Dr. Bob Ghirelli, Director of Technical Services, presented an update on the ongoing discussions with SAW PA on the SARI line improvements and the future use of the SARI line for brine discharges and other wastewater discharges. Dr.Ghirelli provided an update on the Urban Runoff Ad Hoc Committee which met on August 3itl. Committee Chair Don Bankhead will present for board approval tonight Resolution No. OCSDOS-22 supporting the county's urban runoff management program. The resolution also authorizes the chair of the board to designate a board representative to the county's urban runoff management committee for the north county area. Committee Chair Doug Davert provided an update on meetings held by the Ad Hoc Committee for the General Manager's Evaluation. a. The committee recommended that Creative Management Solutions be issued a contract at a proposed cost of$18,750 to conduct a management audit of the District. It was moved, seconded and duly carried to approve the recommended action specified in Item 5(a) above. There were no abstentions. b. The committee requested and received direction from the Steering Committee to retain Moreland &Associates to conduct a compliance audit of the Dharma contract to ensure proper procurement practices were followed. It was moved, seconded and duly carried to approve the recommended action specified in Item 5(b)above. There were no abstentions. The above recommendations will be presented to the Board tonight for ratification. General Counsel was directed to retain both consultants. Book Page 6 Minutes of the Steering Committee Page 3 August 24, 2005 (6) REPORT OF THE GENERAL MANAGER Dr. Ghirelli reported that SAW PA will work with District staff to explore ways to economically transport brines through the existing SARI line. General Manager Anderson and staff will meet with SAW PA staff to discuss the future of the SARI line. Dr. Ghirelli will meet with the SAW PA board members in the next 30-60 days. Dr. Ghirelli also reported on the Disinfection program and future options. The Operations and Maintenance department is exploring changes in the District's disinfection program that may save the district up to$1 million a year in chemical costs while maintaining compliance with the bacteria and chlorine limits in our ocean discharge permit. This year's annual disinfection budget is over$7 million and the price bleach has risen by more than 30%. Staff will meet with the Regional Water Quality Control Board and with key people in the community to keep them informed. Layne Barotdi updated the committee on the status of the two bills that Senator Dean Florez introduced and the status of the initiative process that the Senator and others are attempting to achieve in Kem County for June 2006. General Manager Anderson and Mr. Baroldi met with City of LA staff and the City's Board of Public Works President Commissioner Ruiz, at the City's invitation, to discuss a strategy to address the Kem County ballot initiative that seeks to ban all biosolids land application in the unincorporated County areas. The ballot initiative petition is being circulated in Kern County and 15,000 valid signatures are needed to place the initiative on the June 2006 ballot. The proponents plan to collect 30,000 signatures by December 2005. The Executive Management Team held a Retreat on August 8, 2005. General Manager Anderson reported that they are drafting a report on strategic initiates that will be provided to the Steering Committee in September. General Manager Anderson reviewed a 12-Month Summary of the District's legal fees for the period ending June 30. AB1234(Salinas)re compensation and ethics training which affects cities,counties and special districts will likely be approved by the legislature and signed by the governor. Ethics training will be required for all elected local officials to be conducted every two years. There are additional procedural, sunshine and reporting provisions in the bill that the Sanitation District already performs. General Manager Anderson reported that he has been elected to the CASA Board of Directors as a member at large. He noted this is a distinct advantage to the District and will add to the leadership we already exert on air quality, biosolids and public information issues. (7) REPORT OF GENERAL COUNSEL General Counsel Brad Hogin reported on the following: a. The Bushard settlement is final, pursuant to the Board's approval. Book Page 7 Minutes of the Steering Committee Page 4 August 24, 2005 b. General Counsel provided an update on the Pall litigation, informing that counsel will be moving forward with a motion for summary adjudication of issues. The GWR Steering Committee will meet with General Counsel on September 12, prior to the Mandatory Settlement Conference on September 16. General Counsel noted that the Pall settlement demand has dropped from$3 million to$580,000. c. Kimberly-Clarke has agreed to third-party oversight to review fees. General Counsel and staff are continuing negotiations with Kimberly Clarke. (8) DISCUSSION ITEMS (Items A-B) A. The Agenda Items scheduled to be reviewed by the Board's working committees in September were reviewed. Jim Herberg, Director of Operations and Maintenance, clarified that OMTS Item 6, Asset Management Improvement is an information only item. Nick Arhontes, Director of Regional Assets and Services, pulled OMTS Item 4, Fleet Management Software system; it will be presented to the December OMITS. General Manager Anderson announced that he will be on vacation from September 1 through September 19, 2005. Dr. Ghirelli will be the Acting General Manager during that period. 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 There were none. (12) CONSIDERATION OF UPCOMING MEETINGS The next Steering Committee meeting is scheduled for Wednesday, September 28, 2005 at 5 p.m. Book Page 8 Minutes of the Steering Committee Page 5 August 24, 2005 The next Board Meeting is scheduled for Wednesday, September 28, 2005 at 7 p.m. (13) CLOSED SESSION The Committee convened at 6:20 p.m. in Closed Session, pursuant to Section 54956.9 and 54956.8 to discuss two 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 6:50 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 n:w.z�we�w�sma.ip cw+.�n..nmmaaezms awcr sc cocoa:zex Book Page 9 STEERING COMMITTEE Meeting Date Toed.of Dir. 091L 05 09/28/05 AGENDA REPORT Item Number Item Number 8W 17 Orange County Sanitation District FROM: Nick Arhontes, Director, Regional Assets and Services Department SUBJECT: ACQUISITION OF PROPERTY FOR NORTH COUNTY YARD GENERAL MANAGER'S RECOMMENDATION (1)Approve and direct the Board Chair to execute on behalf of the District a Purchase and Sale Agreement in a form acceptable to General Counsel to acquire the properly located at 7465 Lampson Avenue in Garden Grove for$7,900,000; and, (2)Approve the use of the acquired property for the North County Yard. SUMMARY In November 2004, staff provided an initial information item regarding the need for a north county yard facility that included a site selection process for a possible acquisition. Since November 2004, District staff has worked with a commercial real estate brokerage firm to refine the list of likely sites for a north county facility for collections staff. Due to increasing industrial land prices and lack of availability In the original Orange Crush/Platinum Triangle vicinity, staff has investigated locations west of that and north of the Garden Grove Freeway. District staff retained the services of an architectural firm to help evaluate and rank the possible sites. The analysis examined a series of site selection criteria, including site area, building area, and proximity to the center of the service area. Other site factors considered included egress, ease of development, truck route suitability, the tenant improvement costs that were likely to be needed, and other physical issues such as building dock height. The preferred site identified by this evaluation, performed again on September is the properly at 7465 Lampson Avenue in Garden Grove. The District obtained an appraisal of the property in July 2005, which indicated a market value of$7,525,000. The owner proposed to sell for$8,300,000. Negotiations continued with the assistance of Director Ridgeway and Terry Knapper of CB/Richard Ellis (the broker representing the District), and the owner is now willing to sell the property for$7.900,000. Although negotiations concerning the terms of the sale are continuing as of the date this Agenda Report was written, the seller has demanded that the Purchase and Sale Agreement be executed by October 3, 2005. In order to place the District in a position to meet that demand, Staff requests authorization from the Board to execute the Agreement for a purchase price of $7,900,000, and otherwise in a form acceptable to General Counsel. Staff will also report to the Board the progress of the negotiations concerning the terms of the sale at the time of the Board meeting. Assuming other terms of the sale can be agreed upon, Staff recommends acquisition at the proposed price in light of the limited and competitive marketplace for similar sites, and the suitability of the site for the north county yard. H:beplW psHeV4lw,ry Cwm11b01P00510YWe2a05 bC AR Ilan BSA)ItOm 1I NMI Cwny VaN.Oo[ ReHwe:oaroaa+ Page 1 Book Page II As a result, Staff requests that your Board authorize the Board Chair to execute an agreement for the purchase price of$7,900,000 and otherwise in a form acceptable to General Counsel. Upon acquisition in an as is condition, District staff will develop and initiate a capital project for the necessary tenant improvements following established District processes and procedures and will thereafter commence to move to and use the property. PRIOR COMMITTEE/BOARD ACTIONS Staff proposed the North County Yard with Information Only Report OMTSO4-57, and provided a status update with an Information Only Report OMTS05-31. PROJECT/CONTRACT COST SUMMARY The proposed purchase price for the property is $7,900,000. BUDGETIMPACT ® This item has been budgeted. (Project 15-04, Budget Book Section 8—page 44) ❑ This item has been budgeted, but there are insufficient funds. ❑ This item has not been budgeted. ❑ Not applicable (information item) ADDITIONAL INFORMATION The Regional Assets and Services Department has Internally discussed and developed business needs of relocating staff directly involved with the collection systems 08M to a more centralized location. Sewer maintenance staff and equipment were originally based at Plant 1 in Fountain Valley, but due to space limitations, were moved to Plant 2 in Huntington Beach in the late 1980's. Space needs at Plant 2 for facilities growth needs and Treatment plant support staff needs and the mounting cost of fuel and lost productivity caused by crews having to drive their trucks to worksites in the middle of our service area now dictate that sewer maintenance should be moved northward. The proposed site would provide a more centralized location to conduct business. The freeway-close facility near the "Orange Crush" 57/22/5 Freeway area was desirable to put staff closer to their work on the small, medium and large pipe cleaning and inspection programs. Lack of availability of desired sites moved our search to the west. The facility should serve as a base for approximately 50 staff, their personal vehicles, district's vehicles, service trucks, parts, supplies, tools and equipment. Space will also be available for some Engineering and Source Control staff should their business needs be better met by moving to a more central location. Staff will continue to use the commercial card lock type fueling facilities countywide and not be constructing any on site fueling facilities for District vehicles. Space will also be available to host training events and regional meetings for joint city and sewering agency activities in this more centralized location, and for shop and storage space. The facility will also be available for Board use as desired. HM,tCaWdM$t mg W M Item 81Rl Ibm 17 Nwll,C mty Ya,d.dm ReNaed: 06WN3 Page 2 Book Page 12 CEQA FINDINGS In accordance with CEQA, the District has evaluated the proposed property acquisition and the use of the property and concluded that the project qualities for a categorical exemption from the California Environmental Quality Act(CEQA) pursuant to CEQA Guidelines 15301 (Class 1 —operation, repair, maintenance, permitting, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use). The proposed project will utilize the existing structures at the site consistent with previously established and permitted uses at the property, ample parking already exists for the anticipated uses at the site, and only minor interior tenant improvements are required. ATTACHMENTS None JGH:AT:sa& NJA H WeplWpaWCWea LdmY11ee13W5WPD W5$LAP l¢m Al11, 17 NO CW lY.M. . nan.ee.oawua Page 3 Book Page 13 STEERING COMMITTEE Meeting Date To ad.or Do-. 09/28/05 09/28/05 AGENDA REPORT Item N n6e tan"" he stet rs Orange County Sanitation District FROM: Blake Anderson, General Manager SUBJECT: ESTABLISHING SUPPORT FOR GULF COAST DISASTER RECOVERY EFFORTS GENERAL MANAGER'S RECOMMENDATION 1. Approve Resolution No. OCSD 05-24, Establishing Support for Gulf Coast Disaster Recovery Efforts Related to Hurricanes Emanating from the Gulf of Mexico that is Specifically Targeted to Infrastructure Operations Pertaining to the Collection,Treatment and Disposal of Wastewater and Associated Byproducts as requested through the Federal Emergency Management Agency (FEMA), the Emergency Management Information System (EMIS), or other recognized official National Coordination effort; 2. Authorize the General Manager to enter into individual "Release Time Agreements"with volunteer employees and their recognized employee organizations (i.e., unions or employee associations)based on the following terms: a. A"rotation" of three employees will be released from regular duties at any given time for up to a maximum of twelve calendar days per rotation; b. A total of up to four"rotations"; c. Employees shall be paid for up to 80 hours of regular pay during the time they are away on a twelve day rotation; d. Up to a total of twelve employees maximum released to participate in the response and recovery efforts for a total authorization of 960 hours(12 employees x 80 hours) of regular paid time; e. Cap regular paid time for volunteer employees at an authorized amount not to exceed $75,000 for this effort; and 3. Authorize the General Manager to deploy physical assets into the Gulf Coast area to assist with Disaster Recovery efforts within the scope permitted herein and to support volunteer employees based on the following terms: a. One Hydro Cleaning Vector Truck and associated equipment deployed to the Gulf Coast region; b. Roundtrip transportation cost to deploy the asset authorized at an amount not to exceed $5,000; c. Sanitation District equipment is to be operated by Sanitation District employees only; d. Estimated equivalent cost of providing the equipment is an additional $20,000; and 4. Permit volunteer employees to engage in recovery efforts that are limited to the rendering of specialized assistance in the areas of engineering, operations and maintenance, and/or technical services in support of infrastructure recovery efforts pertaining to the collection, treatment and/or disposal of wastewater and associated byproducts. HwequpwNelsuenm Caml1�5 W qa)p .a�&, M.aaxos.ea w.nea. o,wm, Page 1 Book Page 15 SUMMARY 1. The Board Chair and General Manager expressed interest in the Sanitation District providing assistance to the Gulf Coast disaster areas related to Hurricane Katrina. 2. The United States is bracing for Hurricane Rita, upgraded to the maximum danger level of a category five hurricane. Hurricane Rita is headed into the heart of the US oil refining area, which arcs from Corpus Christi,Texas to already devastated New Orleans, Louisiana. 3. The mission of the OCSD is: We, the employees and the Board of Directors of the Orange County Sanitation District, are committed to protect public health and the environment by developing, integrating, and implementing fiscally responsible solutions to wastewater, water reclamation and watershed protection issues. We are a values-based organization dedicated to upholding and consistently demonstrating the attributes affirmed in our Guiding Principles. 4. The Sanitation Districts of Los Angeles County (LACSD) received a specific request from the EMIS through the Los Angeles Emergency Center for assistance in the New Orleans area for site evaluation related to sewage treatment and water reclamation. The following summarizes the LACSD experience: a. LACSD selected two employees to respond to the request. b. The employees selected were superintendent level with an operations background. c. The employees were deployed for three days. d. There was no organizational reporting structure in-place. e. Interaction did occur with FEMA, State and local officials without determining a method for assistance. I. The employees returned home without rendering aid. g. No additional LACSD employees have been deployed. 5. The potential for OCSD involvement was reviewed by senior management, which involved evaluation of various impacts including, but not limited to, the following: a. Allocation of resources and benefits to OCSD b. Volunteer activities and employer liabilities c. OCSD operational requirements d. Regular pay e. Overtime pay f. Supervision g. Release time h. Mental health counseling L Workers' Compensation j. Tort liabilities 6. It is recommended that if OCSD supports the effort it be accomplished by entering into "Release Time Agreements"for employees who volunteer for the effort. 7. Establishing "Release Time Agreements"will limit OCSD to the following: a. Regular pay for up to 80 hours per employee b. Workers' Compensation claims for injuries occurring while employees are engaged in activities that fall within the course and scope of employment H VepUgaWa IS n Cmm1lee�00SOd 0055C N01W RM 9,{WI M.0B3m0 Rrns¢E. 05'01n1J Page 2 Book Page 16 c. Liabilities related to Tort Claims d. Resulting Impacts on OCSD operations 8. Risks to OCSD are: a. OCSD will absorb the salary costs for the employees for up to 80 hours. b. Any injury suffered by an employee during the deployment would be subject to benefits under Workers' Compensation as this would be viewed as a work assignment. c. Public perception on the use of public funds. d. Backfilling and overtime costs 9. Benefits to OCSD include on-the-job training for employees related to knowledge and skill development for application in the event of a disaster impacting OCSD operations. 10. 00SD will send employees and assets to the Gulf Coast region only under the following conditions: a. There are adequately described and planned activities or objectives provided to the Sanitation District by the coordinating authority; b. The Sanitation district has received a specific request for the planned activities or objectives from the coordinating authority; and, c. The General Manager has determined that the speck employees and assets that will be provided are appropriate for the planned activities or objectives. PRIOR COMMITTEE/BOARD ACTIONS None PROJECT/CONTRACT COST SUMMARY The labor cost associated with the effort would be based on an employee's hourly pay rate up to a maximum of 80 hours. The average fully burdened hourly rate for a Sanitation District employee is approximately$60.00. The approximate costs for release time of twelve employees at 960 hours based on an average fully burdened rate would be$60,000. The amount could vary based on an employee's actual hourly pay rate. Transportation costs associated with the deployment of a hydro cleaning vector truck is approximated at$5,000. The monthly rental rate for a similar piece of equipment is approximately$8,500 per month (minimum two week rental Qa $5100). Approximate costs for a six week deployment would be $20,000. BUDGETIMPACT ® This item has been budgeted. (Line item: Salaries and Wages) ❑ This item has been budgeted, but there are insufficient funds. ❑ This item has not been budgeted. ❑ Not applicable (information item) ADDITIONAL INFORMATION There are two distinct advantages to the Sanitation District to participate in this recovery effort. First, It reinforces our willingness to meaningfully participate in National mutual aid efforts. Our MMepllpapa%S MConm'ilteell'CBABB➢92B05 BL B(BI DwN Re Buprml M.MWS RWs :o 3 Page 3 Book Page 17 willingness to provide assistance today may be very helpful when we ask for assistance tomorrow. Second, our staff will learn firsthand what it takes to recover from a large-scale disaster. We will incorporate our learning into our own Integrated Emergency Response Plan. Currently, there is no Board policy supporting the Sanitation District's participation in emergency response or relief efforts related to disasters or other emergencies at Regional, National or International levels. The Sanitation District has a mutual aid agreement approved by the Board of Directors that supports assistance from OCSD at the local and State levels. The Integrated Emergency Response Plan (IERP)was originally issued December 31, 1996. The Plan provides for OCSD response in the event of disaster(natural or manmade)and other emergencies. The goals of the IERP are to: • Protect human life. • Protect the environment. • Prevent or reduce property damage. • Restore normal operations. When emergencies exceed the Sanitation District's capabilities, assistance from local agencies will be requested through prearranged agreements and working relationships. When local resources are exhausted, assistance will be requested in accordance with the Operational Area Agreement. This is provided for in the Mutual Aid Plan section of the IERP. The Sanitation District has signed the Operational Area Agreement. The "Operational Area" is defined as Orange County. In addition, since the State of California has implemented the Standardized Emergency Response Management System (SEMS), the Sanitation District may be called upon to assist in an emergency anywhere in the State through the Operational Area. Staff intends on bringing an item to the Board of Directors in October 2005 on the National Incident Management System (NIMS), which will replace SEMS. The Sanitation District's mutual aid agreement authorizes the allocation of resources for activities not directly related to OCSD operations and provides benefit to OCSD with respect to requesting mutual aid from other organizations in the event of a disaster or other emergency impacting Sanitation District operations. The Board Chair and the General Manager have expressed interest in the Sanitation District providing assistance in mutual aid activities that extend beyond the local or State levels. This has occurred recently with respect to the Tsunami that struck Indonesia in January 2005 and Hurricane Katrina, which struck the Gulf Coast at the end of last month (August 29, 2005). The General Managers recommendation provides the Board of Directors a measured level of response should it be deemed appropriate for the Sanitation District to provide assistance. ALTERNATIVES • No Action. • Deny the recommendation in its entirety. • Approve "Release Time Agreements" only and no use of equipment. • Approve vacation requests by employees, after consideration of OCSD business needs, which allows employees the opportunity to volunteer time without regular pay. N�W %eamnutt�NN6WNO)P...Pcmn+l'�M-o9IDO5.aoc nowva: o 03 Page 4 Book Page 18 CEQA FINDINGS N/A ATTACHMENTS 1. OCSD Resolution No. 05-24 2. Draft-Release Time Agreement—Exempt Employees 3. Draft - Release Time Agreement—Non-Exempt Employees HMepMyaLLal4b 9�VODSWao82easuwelDws �awonu+.osRos.a o 03 Page 5 Book Page 19 RESOLUTION NO. OCSD 05-24 A RESOLUTION OF THE BOARD OF DIRECTORS OF ORANGE COUNTY SANITATION DISTRICT APPROVING THE WHEREAS, Hurricane Katrina is one of the largest natural disasters in the history of this Nation; and WHEREAS, emergency response needs in the Gulf Coast have exceeded the capacity of local resources; and WHEREAS, the American Red Cross has asked for volunteers to assist in the disaster relief efforts on the Gulf Coast; and WHEREAS, the Orange County Sanitation District and its employees are ready, willing and able to provide assistance; and WHEREAS, the provision of such assistance will not only benefit Gulf Coast residents, but also the District because of the experience and training that could be applied in the event of a local disaster. NOW, THEREFORE, the Board of Directors of Orange County Sanitation District DOES HEREBY RESOLVE AS FOLLOWS: 1. The General Manager may approve up to three (3) employees to be released from regular duties at any one time for a maximum of twelve (12) calendar days in order to support the Gulf Coast emergency response efforts related to Hurricane Katrina. 2. Released employees shall engage in relief efforts that are limited to the provision of medical aid or the rendering of specialized assistance in the areas of engineering, operations and maintenance or technical services. 3. Released employees and their recognized employee organizations, if any, shall enter into "release time agreements" prior to deployment. Said agreements shall be substantially similar to the agreements attached hereto as Exhibit A. Book Page 21 i PASSED AND ADOPTED at a regular meeting held Chair ATTEST: Board Secretary 208031 1 Book Page 22 EXHIBIT A RELEASE TIME AGREEMENT (Exempt Employees) The Orange County Sanitation District ("OCSD"), the Association ("Association"), and (hereinafter referred to as "Employee") hereby agree as follows: 1. Employee will be released from working his or her regularly scheduled shifts between the period of and 2. The parties have entered into this Agreement for purposes of utilizing Employee's knowledge and expertise in the field of to provide assistance to the City of New Orleans with the damage caused by Hurricane Katrina. OCSD will benefit therefrom in the following manner: 3. The purpose of this Agreement is to relieve Employee from performing Employee's regular duties for OCSD. In lieu of performing his or her regular duties, OCSD shall authorize Employee to take a leave of absence for purposes of providing assistance with the clean-up and relief efforts to the City of New Orleans on behalf of OCSD. Time spent providing such assistance will be considered "hours worked" for purposes of making retirement contributions and accruing all other OCSD benefits. 4. Employee will receive compensation at his or her regular rate of pay during this period and shall continue to accrue vacation and sick leave and receive all other benefits the Employee is ordinarily entitled to receive, including health benefits and contributions toward retirement. Additionally, vacation and sick leave balances will not be reduced during this time. 5. Employee shall be covered by OCSD's workers' compensation program during the period covered by this Agreement so long as any injury for which workers' compensation benefits are sought occurs while Employee is engaged in activities that fall within the course and scope of his or her employment. For purposes of this Agreement, such activities consist of those set forth in paragraph 7. 6. In accordance with the provisions of the California Tort Claims Act, Government Code Section 810, at sea., OCSD agrees to defend, indemnify and pay all damages, including special and general damages, and costs of litigation matters, current and future, in which Employee is named as a party as a result of activities performed pursuant to this agreement and set forth in paragraph 7. OCSD reserves the right to refuse to defend, indemnify and pay damages for acts or omissions which were fraudulent, committed with actual malice or otherwise outside the scope of the activities outlined in this agreement. Employee agrees to cooperate in any and all litigation matters which may be filed against OCSD or 2oaw,., Book Page 23 EXHIBIT A Employee, and Employee shall cooperate with OCSD's efforts in defending such litigation. OCSD shall comply with the provisions of Government Code section 825, at sea. in determining whether any award of punitive damages awarded against Employee shall be paid. 7. OCSD has identified the following activities to be performed by Employee while on release time: a) Assist with b) C) 8. This Agreement may be terminated by either party upon written notice without having to demonstrate or prove cause. Upon termination, Employee shall return to his previous position with OCSD without loss of benefits or seniority. 9. To the extent that any of the provisions of this Agreement are inconsistent, or conflict, with provisions of the parties' Memorandum of Understanding, the provisions of this Agreement shall supersede. 10. This Agreement will expire on Any extension of this Agreement beyond this date must be approved by separate written agreement, by both the OCSD General Manager and Employee. ORANGE COUNTY SANITATION ASSOCIATION DISTRICT Blake Anderson, General Manager Date: Date: EMPLOYEE Date: M0314 Book Page 24 EXHIBIT A RELEASE TIME AGREEMENT (Non-Exempt Employees) The Orange County Sanitation District ("OCSD"), the Association ("Association"), and (hereinafter referred to as "Employee") hereby agree as follows: 1. Employee will be released from working his or her regularly scheduled shifts between the period of and 2. The parties have entered into this Agreement for purposes of utilizing Employee's knowledge and expertise in the field of to provide assistance to the City of New Orleans with the damage caused by Hurricane Katrina. OCSD will benefit therefrom in the following manner: 3. The purpose of this Agreement is to relieve Employee from performing Employee's regular duties for OCSD. In lieu of performing his or her regular duties, OCSD shall authorize Employee to take a leave of absence for purposes of providing assistance with the clean-up and relief efforts to the City of New Orleans on behalf of OCSD. Time spent providing such assistance will be considered "hours worked" for purposes of the Fair Labor Standards Act and for purposes of making retirement contributions and accruing all other OCSD benefits. 4. While released from regular duty, Employee understands and agrees that he or she will neither work nor receive pay for more than forty hours in one workweek (Sunday to Saturday). Any additional time spent providing assistance by Employee will be considered time volunteered by Employee to the City of New Orleans and Employee will not receive any compensation from OCSD for such time. 5. Employee will receive compensation at his or her regular rate of pay during this period. Employee agrees to provide to his or her supervisor a timesheet demonstrating hours worked during this period; such timesheet to be submitted every_weeks. 6. During the period of time for which he or she is released from regular duty, Employee shall continue to accrue vacation and sick leave and receive all other benefits the Employee is ordinarily entitled to receive, including health benefits and contributions toward retirement. Additionally, vacation and sick leave balances will not be reduced during this time. 7. Employee shall be covered by OCSD's workers' compensation program during the period covered by this Agreement so long as any injury for which workers' 208031.1 Book Page 25 EXHIBIT A compensation benefits are sought occurs while Employee is engaged in activities that fall within the course and scope of his or her employment. For purposes of this Agreement, such activities consist of those set forth In paragraph 9. 8. In accordance with the provisions of the California Tort Claims Act, Government Code Section 810, at sea., OCSD agrees to defend, indemnify and pay all damages, including special and general damages, and costs of litigation matters, current and future, in which Employee is named as a party as a result of activities performed pursuant to this agreement and set forth in paragraph 9. OCSD reserves the right to refuse to defend, indemnify and pay damages for acts or omissions which were fraudulent, committed with actual malice or otherwise outside the scope of the activities outlined in this agreement. Employee agrees to cooperate in any and all litigation matters which may be filed against OCSD or Employee, and Employee shall cooperate with OCSD's efforts in defending such litigation. OCSD shall comply with the provisions of Government Code section 825, at sea. in determining whether any award of punitive damages awarded against Employee shall be paid. 9. OCSD has identified the following activities to be performed by Employee while on release time: a) Assist with b) c) 10. This Agreement may be terminated by either party upon written notice without having to demonstrate or prove cause. Upon termination, Employee shall return to his previous position with OCSD without loss of benefits or seniority. 11, To the extent that any of the provisions of this Agreement are inconsistent, or conflict, with provisions of the parties' Memorandum of Understanding, the provisions of this Agreement shall supersede. 12. This Agreement will expire on Any extension of this Agreement beyond this date must be approved by separate written agreement, by both the OCSD General Manager and Employee. ORANGE COUNTY SANITATION ASSOCIATION DISTRICT Blake Anderson General Manager 20a081.1 Book Page 26 EXHIBIT A Date: Date: EMPLOYEE Date: 208031.1 Book Page 27 STEERING COMMITTEE Meeeng Date To ad.of oil. 09/28/05 AGENDA REPORT Item Number Item Number am Orange County Sanitation District FROM: Blake P. Anderson, General Manager Originator: Gail Garrett, Committee Secretary SUBJECT: October Agenda Items for Consideration by Working Committees GENERAL MANAGER'S RECOMMENDATION Review with staff the agenda items tentatively scheduled for review by the Working Committees in October SUMMARY Staff routinely prepares for the Steering Committee a list of items scheduled for presentation to the Working Committees and the Board at their next monthly meetings. This allows the Steering Committee the opportunity to review these items early enough to make reassignments in the review or approval process. The following items are scheduled to be considered by the Committees in October: OMTS Committee will be dark in October. PDC Committee: 1. Ratify Change Order No. 17 for Job No. 1-2-4, Bushard Trunk Sewer Rehabilitation 2. Ratify Change Order No. 9 for Job No. J-77, Effluent Pump Station Annex 3. Ratify Change Order No. 14 for Job No. J-35-1, Area Classification Studies, Plant Nos. 1 and 2 4. Ratify Change Order No. 23 for Job No. P1-37, Primary Clarifiers 16-31 and Related Facilities 5. Approve Construction Contract for Job No. P2-90, Rehabilitation of the Activated Sludge Plant at Plant No. 2 6. Approve Amendment No. 4 to PSA for Contract No. 2-24-1, Carbon Canyon Sewer and Pump Station Abandonment Project 7. Approve PSA for Job No. 1-2-4, Bushard Trunk Sewer Rehabilitation 8. Approve Amendment No. 5 to PSA for Job No. 1-10, Rehabilitation of Ellis Avenue Pump Station 9. Approve Amendment No. 5 to PSA for Job No. J-84, Space Allocation and Interior Renovation 10. Award Construction Contract for Job No. FE-05-31, Plant No. 1 Underground Storage Tank Rehabilitation at Electric Power Building 4 11. Award Construction Contract for Job No. FE05-34, Plant No. 2 Underground Storage Tank Rehabilitation Headworks Power Building B Book Page 29 12. Award Construction Contract for Job No. FE05-32, Plant No. 1 Underground Storage Tank Rehabilitation at CenGen 13. Award Construction Contract for Job No. FE05-33, Plant No. 1 Underground Storage Tank Removal at Auto Shop 14. Award Construction Contract for Job No. FE05-29, Plant No. 1 Underground Storage Tank Rehabilitation at Electric Power Building 2 15. Report on Job No. J-73-2, Long Term Permanent Monitoring Program FAHR Committee: 1. Report on Results of 2005 COP Issue 2. Consider Quarterly Safety Policies 3. Report on Quarterly Public Affairs Plan Update 4. Consider National Emergency Management Systems 5. Report on Security Concepts 6. Consider Results of Non-Residential Parcel Review Project PROJECT/CONTRACT COST SUMMARY NIA 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. HMepMgwdal Ul ng Co (Id VW WM936D5 UM&Mts mr nexi mmin-er.fi d. HeweM: eW9e Page 2 Book Page 30 I abvd 1008 £ abed bY'9'Je' uwu MU JOIs y w Ian 51192fiPb0�5WdNnWyoJ WalSeiv+BN�A'N 66 VN S1NBWHOViIV STEERING COMMITTEE Meebng Dale To Bd.of Dir. 9128/05 AGENDA REPORT IemNumber Item Number 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 September 28, 2005 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 September 28, 2005 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. No items to be considered END OF CONSENT CALENDAR 10. Consideration of items deleted from Consent Calendar, if any. COMMITTEE REPORTS AND RECOMMENDED ACTIONS 11. STEERING COMMITTEE Consent Calendar a. Order draft Steering Committee Minutes for the meeting held on August 24, 2005, to be filed. Book Page 33 Non-Consent Calendar b. Review and consideration of agenda items considered by the Steering Committee re the September 28, 2005 meeting. C. Consideration of items deleted from Steering Committee Consent Calendar, if any. 12. OPERATIONS, MAINTENANCE AND TECHNICAL SERVICES COMMITTEE (OMTS) Consent Calendar a. Order draft Operations, Maintenance and Technical Services Committee Minutes for the meeting held on September 7, 2005, to be filed. b. Authorize the General Manager to approve Amendment No. 2 to the Power Purchase Agreement (QF 1098)with Southern California Edison Company, changing the type of the Plant 2 power generating facility from small power producer to co-generator facility. C. Receive and file Biannual Consent Decree Report submitted to the Environmental Protection Agency and Regional Water Quality Control Board regarding secondary treatment compliance. d. (1) Establish an initial budget not to exceed $260,000 annually for the Fats, Oil and Grease (FOG) screening inspection program of which the District's proportionate share is estimated at a maximum of$12,000 per year; (2)Authorize the General Manager to enter into an agreement with the County of Orange for the provision of the FOG inspection program by the Orange County Health Care Agency for three years, in a form approved by General Counsel; and, (3)Authorize the General Manager to enter into agreements with each participating Wastewater Discharge Requirement (WDR) Co-Permittee for inspections in their service areas for three years. e. Approve Amendment No. 2 to the Consultant Services Agreement with Linjer Inc., providing for continuing consulting services to manage the completion of the Collection Facilities O&M Division's Reinvention Project, for an amount not to exceed $112,000 effective September 27, 2005 through June 30, 2006. Non-Consent Calendar f. (1) Receive and file Asset Management Plan 2005 Executive Summary prepared by GHD, LLC and Staff; N WedNG lSlen^Ofwm,nve,2M503Y9tBOs 4tl a A 1> I Page 2 Book Page 34 (2) Receive and file OCSD Asset Management Improvement Program Overall Roadmap 2005, prepared by GHD, LLC, dated June 2005; and, (3)Approve Amendment No. 2 to the Consulting Services Agreement with GHD, LLC for Asset Management, Job No. SP-68-02, to continue services for a thirteen-month period from July 1, 2005 to July 31, 2006 for an additional cost of$550,000, increasing the total amount not to exceed $918,000. g. Consideration of items deleted from OMTS 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 September 1, 2005 to be filed. b. (1) Ratify Change Order No. 2 to HVAC Replacement for Operations Center at Plant No. 2, Job No. FE02-62, with Bon Air, Inc. authorizing an additional $4,841, increasing the total contract amount to $216,549; and, (2)Accept HVAC Replacement for Operations Center at Plant No. 2, Job No. FE02-62, as complete, authorizing the Final Closeout Agreement. C. Ratify Change Order No. 22 to Primary Clarifiers 16-31 and Related Facilities, Job No. 131-37, with Margate Construction, authorizing an addition of$48,078, increasing the total contract amount to $71,756,818. d. Ratify Change Order No. 5 to Gisler-Redhill Trunk Improvements, Reach "A", Contract No. 7-36; Orange Trunk Improvements, Contract No. 7-39; Gisler-Redhill/North Trunk Improvements, Contract No. 7-41; and City of Tustin Project Nos. 6106 and 6151, with ARB, Inc., authorizing an addition of$209,252 and 21 calendar days, increasing the total contract amount to $20,169,324. e. Approve Amendment No. 1 to the Professional Services Agreement with Malcolm Pirnie, Inc. for Primary Treatment Rehabilitation and Refurbishment, Job No. P2-80, providing for additional engineering services for an additional amount of$829,984, increasing the total amount not to exceed $6,608,502. f. Approve Amendment No. 4 to the Professional Services Agreement with Malcolm Pimie, Inc. for Rehabilitation of Ellis Avenue Pump Station, Job No. 1-10, providing for additional design engineering services for an additional amount of$899,979, increasing the total amount not to exceed $4,799,255. HMepDagmNel9eaing UM d oaf(W Sep1.ggeNer.>.Gec MMW : % Page 3 Book Page 35 i Non-Consent Calendar g. Approve Amendment No. 6 to the Professional Service Agreement with Tran Consulting Engineers for additional construction support services for Sunflower Interceptor Manhole Rehabilitation, Contract No. 7-21, for an additional amount of$29,600, increasing the total amount not to exceed $614,295. h. Consideration of Items deleted from PDC Consent Calendar, if any. 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 September 14, 2005 to be filed. (Minutes to be distributed at 09/28/05 Board Meeting.) b. Receive and file Treasurer's Report for the month of August 2005. C. Receive and file report of General Manager approved purchases in amounts exceeding $50,000 in accordance with Board purchasing policies. d. Adopt Resolution No. OCSD05-23, amending Resolution No. OCSD 98- 33, amending Human Resources Policies and Procedures Manual. e. Receive and file SWAP Report for the quarter ended June 30, 2005. f. Receive and file Quarterly Investment Management Program Report for the period April 1, 2005 through June 30, 2005. FAHR Non-Consent Calendar g. (1) Receive and file letter from Newport Fab, LLC dated November 29, 2004, requesting a transfer of the flow baseline established by Conexant; and, (2) Deny request to transfer the flow baseline previously established by Conexantto Newport Fab, LLC. h. Consideration of items deleted from FAHR Consent Calendar, if any. KVWNpsMW1t 1cpMmH�WM lW d Aft W Sel.Bw,da,.i.l. Page 4 Book Page 36 15. GWR SYSTEM STEERING COMMITTEE (GWRSSC) GWRSSC Consent Calendar a. Order Joint Groundwater Replenishment System Steering Committee Minutes for the meeting held on August 8, 2005 to be filed. GWRSSC Non-Consent Calendar b. Consideration of items deleted from GWRSSC Consent Calendar, if any. NON-CONSENT CALENDAR 16. (1) Approve Plans and Specifications for Bushard Trunk Sewer Rehabilitation Pipe Procurement, Job No. I-2-4P, on file at the office of the Board Secretary; (2) Approve Addenda Nos. 1 and 2 to the plans and specifications; (3) Receive and file bid tabulation and recommendation; and, (4) Award a Purchase Contract to Ameron International for Bushard Trunk Sewer Rehabilitation Pipe Procurement, Job No. 1-2-4P, for an amount not to exceed $7,699,777.30. 17. (1) Approve and direct the Board Chair to execute on behalf of the District a Purchase and Sale Agreement in a form acceptable to General Counsel to acquire the property located at 7465 Lampson Avenue in Garden Grove for $7,900,000; and, (2) Approve the use of the acquired property for the North County Yard. 18. (1) Approve Resolution No. OCSD 05-24, Establishing Support for Gulf Coast Disaster Recovery Efforts Related to Hurricanes Emanating from the Gulf of Mexico that is Specifically Targeted to Infrastructure Operations Pertaining to the Collection, Treatment and Disposal of Wastewater and Associated Byproducts as requested through the Federal Emergency Management Agency (FEMA), the Emergency Management Information System (EMIS), or other recognized official National Coordination effort; (2) Authorize the General Manager to enter into individual "Release Time Agreements" with volunteer employees and their recognized employee organizations (i.e., unions or employee associations) based on the following terms: a. A "rotation" of three employees will be released from regular duties at any given time for up to a maximum of twelve calendar days per rotation; b. A total of up to four "rotations"; M�e4�a9a+0a�5temna Lvrm�eeV W 5W4J9SB]5�s�a aW�m sent eosear I a« Page 5 Book Page 37 c. Employees shall be paid for up to 80 hours of regular pay during the time they are away on a twelve day rotation; d. Up to a total of twelve employees maximum released to participate in the response and recovery efforts for a total authorization of 960 hours (12 employees x 80 hours) of regular paid time; e. Cap regular paid time for volunteer employees at an authorized amount not to exceed $75,000 for this effort; and (3)Authorize the General Manager to deploy physical assets into the Gulf Coast area to assist with Disaster Recovery efforts within the scope permitted herein and to support volunteer employees based on the following terms: a. One Hydro Cleaning Vector Truck and associated equipment deployed to the Gulf Coast region; b. Roundtrip transportation cost to deploy the asset authorized at an amount not to exceed $5,000; c. Sanitation District equipment is to be operated by Sanitation District employees only; d. Estimated equivalent cost of providing the equipment is an additional $20,000; and (4) Permit volunteer employees to engage in recovery efforts that are limited to the rendering of specialized assistance in the areas of engineering, operations and maintenance, and/or technical services in support of infrastructure recovery efforts pertaining to the collection, treatment and/or disposal of wastewater and associated byproducts. 19. Closed Session PROJECTICONTRACT 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 Kmcmgmm�ng cemmnee�zaos��ams wianits�wseq.eo.roa,.>am �md: OWN Page 6 Book Page 38 ALTERNATIVES NA CEQA FINDINGS Not a project. ATTACHMENTS NA 99 xW epllegeNa�9eenn8 Comnlee12Ws1a9'g938M liv of PRs for amt.BMW 8r.7.Lm achua: erzw a Page 7 Book Page 39 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