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HomeMy WebLinkAbout2006-08 MINUTES OF STEERING COMMITTEE MEETING Orange County Sanitation District Wednesday, August 23, 2006, at 5 p.m. A meeting of the Steering Committee of the Orange County Sanitation District was held on Wednesday, August 23, 2006 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 Jim Fenyman, Chair Joe Forbath, Counsel Doug Davert,Vice Chair Carolyn Cavecche, Chair, OMITS Committee Tod Ridgeway, Chairman, PDC Committee STAFF PRESENT: Jim Silva, County Supervisor Jim Ruth, Interim General Manager Steve Anderson, Past Board Chair Nick Arhontes, Director of Regional Assets and Services David Ludwin, Director of Engineering Directors Absent: Lorenzo Tyner, Director of Finance and Darryl Miller, Chairman, FAHR Committee Administrative Services Jeff Reed, Human Resources Manager Rich Castillon, Information Technology Manager Juanita Skillman, Records Manager Karen Ramirez, Intern Gail Garrett, Committee Secretary (2) APPOINTMENT OF CHAIR PRO TEM FILED No appointment was necessary. IN THE OFFICE OF THE SECRETARY ORANGE Pm-- -•..._,l,nu nISTRICT SEP 27 2006 (3) PUBLIC COMMENTS n� There were none. By (4) REPORT OF THE COMMITTEE CHAIR Chair Ferryman reported that Bob Ghirelli,Acting Assistant General Manager, was recovering from emergency surgery and would be returning to work in a couple of weeks. He met with Congressman Campbell who expressed general support for our Federal priorities Minutes of the Steering Committee Page 2 August23,2006 and a willingness to support our requests for additional money for secondary treatment, GWRS, and the SARI line. The committee calendar was reviewed for the month of September. The PDC meeting will be held at Plant 2 on September 14, immediately following a tour of construction sites which will begin at 4:30. It was also noted that the CIP Workshop would be rescheduled for a future date. (5) REPORT OF THE GENERAL MANAGER Interim General Manager Jim Ruth reviewed activities Included in his August Status Report. • Staff is reviewing reports submitted by consultants on the Joint Campus Study. Recommendations will be brought to Steering for the Board's consideration next month. • Mr. Ruth will meet with Virginia Grebbien, General Manager, OCW D, next Monday to discuss the new Visitors Center, Lab, and the Open Campus concept. • The new Performance Evaluation program for management has been put Into practice and evaluations completed. Goals and objectives have been submitted for the coming year. • Executive management held a retreat at the Huntington Beach Public Library on August 16 to review management goals for the year and ensure they are in alignment with the Board's goals. They will follow up with the Profession of Management training for middle management. • Jeff Reed and his staff have worked hard to develop the Succession Management Plan. The first draft was provided to employees in an effort to elicit their input. The final document will be presented for the Board's consideration next month. Mr. Ruth assured Board members that the goal Is to promote from within when possible, as well as recruit from outside sources through an open competitive process. • An Open House was held on August 22 for contractors, construction management firms,and subcontractors to make them aware of the upcoming construction bids totaling$540 million. David Ludwin, Director of Engineering, said that 80 Individuals from 63 companies attended. He Informed that Contract Administration staff was present to address bond insurance questions. • Michael Gold, Legislative Affairs Liaison, provided an update on the proposed Design- build legislation granting OCSD the ability to utilize design-build specifications on projects over$10 million. Senator Joe Dunn has agreed to carry the bill (SB 92). Senator Ackerman has assisted in moving our legislation and supports OCSD's efforts to secure design-build authorization. Michael will provide additional Information as it becomes available. (6) REPORT OF GENERAL COUNSEL In response to Director Crandall's request for clarification at the July Board meeting as to whether consultant contracts can lawfully be based on percentage, General Counsel Brad Hogin explained there was not a general prohibition but that, depending on the context, one may have a problem. Mr. Hogin will provide further clarification at next month's meeting re specific rules for lobbyists. Minutes of the Steering Committee Page 3 August 23, 2006 (7) CONSENT CALENDAR ITEMS a. Approve the minutes of the July 19, 2006 Steering Committee meeting as drafted. MOTION: It was moved, seconded and duly carried to approve the recommended actions for items specified as 7(a)under Consent Calendar. END OF CONSENT CALENDAR (8) ACTION ITEMS Michael Gold gave an update to a bill that was discussed at the Legislative Affairs Committee meeting earlier that month. Since this meeting,AB 573 (Wolk) had passed out of the Senate and on to the Governor's desk for signature or veto. Staff had already instructed the lobbyists to request a veto and letters were sent to the Governor's office. Gold explained that the bill was likely to be signed into law because no votes against the bill were registered. Director Ridgeway asked if the bill would have a major impact on District operations, Brad Hogin responded that he did not think it would impact the District significantly. a. Adopt positions on legislation as listed on the Legislative Bill Tracking Matrix, dated August 10, 2006. b. Amend Legislative Platform to include new procedures for taking positions on legislation. MOTION: It was moved, seconded and duly carried to approve the recommended actions for items specified as 8(a)and (b). (9) INFORMATIONAL ITEMS a. The Agenda Items scheduled to be reviewed by the Board's working committees in March were reviewed. b. The agenda items scheduled to be presented to the Board at tonight's meeting were reviewed. (10) OTHER BUSINESS,COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY There were none. (11) MATTERS WHICH A DIRECTOR WOULD LIKE STAFF TO REPORT ON AT A SUBSEQUENT MEETING Minutes of the Steering Committee Page 4 August23, 2006 There were none. (12) MATTERS WHICH A DIRECTOR MAY WISH TO PLACE ON A FUTURE AGENDA FOR ACTION AND/OR STAFF REPORT There were none. (13) CONSIDERATION OF UPCOMING MEETINGS The next Steering Committee meeting is scheduled for Wednesday, September 27, 2006 at 5 p.m. The next Board Meeting is scheduled for Wednesday, September 27, 2006 at 7 p.m. (14) CLOSED SESSION The Committee convened at 5:40 p.m. in Closed Session, pursuant to Sections 54956.9(b), (b)(3)(3), 54957(b)(1)to discuss two matters. Minutes of the Closed Session are on file with the Board Secretary. Confidential Minutes of the Closed Session held by the Steering Committee have been prepared in accordance with Government Code Section 54957.2, and are maintained by the Board Secretary in the Official Book of Confidential Minutes of Board and Committee Closed Meetings. A report of the recommended actions will be publicly reported at the time the approved actions become final. At 6:45 p.m., the Committee reconvened in regular session. (15) ADJOURNMENT The Chair declared the meeting adjourned at 6:45 p.m. Submitted by: Gai Garrett Steering Committee Secretary H:WMW9en0640s 9 CCmmpI00QMRNAW@810923N SC W..O '50x STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) Pursuant to California Government Code Section 54954.2, 1 hereby certify that the Supplemental Agenda for the Steering Committee Meeting of Orange County Sanitation District to be held on u dam, 200%, was dulyposted for public inspection in the main lobby of the Districts' offices on ar0 200JZ. //IN WITNESS WHEREOF, I have hereunto set my hand this/day of CMG , 200 Penny M. Kyle, Secretary Board of Directors Orange County Sanitation District RUEP-MMOBOARD SERVICESBSFORMSWGENDA CERTIFICATION-SUPPLEMENTAL.STEERING.DOC SUPPLEMENTAL AGENDA STEERING COMMITTEE ORANGE COUNTY SANITATION DISTRICT DISTRICT'S ADMINISTRATIVE OFFICES 10844 ELLIS AVENUE FOUNTAIN VALLEY, CA 92708 REGULAR MEETING August 23, 2006 — 5:00 P.M. Agenda Postina: In accordance with the requirements of California Government Code Section 54954.2,this agenda has been posted in the main lobby of the Districts 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 Board 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 Board 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 or Board meeting held within five(5)days of this meeting per Government Code Section 54954.2(b)(3). Meeting 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). 10. Other business and communications or supplemental agenda items, if any. 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. Conference with Legal Counsel—Anticipated Litigation, Receipt of Govemment Tort Claim —(Government Code Section 54956.9(b), (b)(3)(3)) Significant exposure to litigation based on receipt of claim from ARB, Inc. regarding Contract Nos. 7-36, 7-39, 7-41, and City of Tustin Project Nos. 6106 and 6151. B. Reconvene in regular session C. Consideration of action, if any, on matters considered in closed session. KWepragendatSteering Commltlee1g MgI1t0023ge SC supplemental agenda Closed Session do, r 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, August 23, 2006, was duly posted for public inspection in the main lobby of the District's offices on Thursday, August 16, 2006. IN WITNESS WHEREOF, I have hereunto set my hand this 23rd day of August, 2006. Penny Kyle, Secretary of th oard of Directors of Orange County Sanitation District Posted: Au ust16 2006 12:00 .m. By: L,22 L�� ,Signature H)4eptagenda\Steering Commitlee\g %CeOifi lion Foon.dm ORANGE COUNTY SANITATION DISTRICT NOTICE OF MEETING vi41962sho2411' STEERING COMMITTEE fsa: (714)88241900 nww.atae.mm ma111n6iths er ORANGE COUNTY SANITATION DISTRICT P.0 Bon B127 Faun 92 213-11 27 82]2B-B12] otnaot.W.: WEDNESDAY, AUGUST 23, 2006 - 5:00 P.M. 108"Ell le Avnnua Fuunl.nin Will CA 82708-7018 DISTRICT'S ADMINISTRATIVE OFFICES Massa, 10844 ELLIS AVENUE FOUNTAIN VALLEY, CALIFORNIA 92708 aids, www.ocsd.com amherm Brae Buena PmM1 L1q,reee F.n,a,n Valley A regular meeting of the Steering Committee of the Fullermn Gallia, w,rw, Board of Directors of the Orange County Sanitation Hundrlp[nn 9asch Iran District, will be held at the above location, date and I e Habra time. La Palma L.,Al.....U's Newpnl Bem:h IAxnge Plerends :ienp Ana Seel Beech bYurrnm uadn fella Per. M,rde Inlde :turn, of Oanea mltery Olatrlow Caste Maee Md.,04 Water Oletrittt Mne Ranch C:1Documents and Settings\xeroz\Local Settings\Temporary Internet Files\OLK78\1 SC Meeting Notice Form 1,doc To main[ein wblidalese Isads ahi0 in wastewater and water resource management. STEERING COMMITTEE AND BOARD MEETING DATES FOR THE NEXT TWELVE MONTHS Wednesday, August 23, 2006 Wednesday, September 27, 2006 Wednesday, October 25, 2006 'Wednesday, November 15, 2006 `Wednesday, December 20, 2006 Wednesday, January 24, 2007 Wednesday, February 28, 2007 Wednesday, March 28, 2007 Wednesday, April 25, 2007 Wednesday, May 23, 2007 Wednesday, June 27, 2007 'Wednesday, July 18, 2007 'Tentatively rescheduled from regular fourth Wednesday. H:Wepttagenda\Steenng Committeet200 Weeting Dates Fom.2.dm STEERING COMMITTEE (1) Roll Call: Meeting Date:August 23, 2006 Meeting Time: 5:00 p.m. Meeting Adjourned: P.M. Committee Members Jim Ferryman, Board Chair................................................. Doug Davert, Vice Chair..................................................... Darryl Miller, FAHR Committee Chair..................................— Carolyn Cavecche, OMTS Committee Chair.......................— Tod Ridgeway, PDC Committee Chair................................— Jim Silva, Supervisor.......................................................... Steve Anderson, Past Board Chair.....................................— Others Brad Hogin, General Counsel Don Hughes Staff Present Jim Ruth, Interim General Manager Bob Ghirelli, Acting Assistant General Manager Nick Arhontes, Director of Regional Assets & Services Jim Herberg, Director of Operations & Maintenance David Ludwin, Director of Engineering Patrick Miles, Director of Information Technology Ed Torres,Acting Director of Technical Services Lorenzo Tyner, Director of Finance&Administrative Services Gail Garrett, Committee Secretary Other Staff Present Michael Gold, Legislative Affairs Liaison c: Lenora Crane C]Documents and SetlingsveroxLLocal SettingsRemporary Internet Filea*U<7M Roll Call Sheet Form 3.doo AGENDA REGULAR MEETING OF THE STEERING COMMITTEE ORANGE COUNTY SANITATION DISTRICT WEDNESDAY, AUGUST 23, 2006 AT 5 P.M. ADMINISTRATIVE OFFICE 10844 Ellis Avenue Fountain Valley, California www.ocsd.com (1) ROLL CALL (2) APPOINTMENT OF CHAIR PRO TEM, IF NECESSARY (3) PUBLIC COMMENTS (4) REPORT OF COMMITTEE CHAIR (5) REPORT OF GENERAL MANAGER a. Monthly Status Report (6) REPORT OF GENERAL COUNSEL a. Consultant Contracts (7) CONSENT CALENDAR ITEMS Consideration of motion to approve all agenda items appearing on the Consent Calendar not specifically removed from same, as follows: a. Approve minutes of the July 19, 2006 Steering Committee meeting. -2- August 23, 2006 Agenda END OF CONSENT CALENDAR Consideration of items deleted from Consent Calendar, if any. 8) ACTION ITEMS a. Adopt positions on legislation as listed on the Legislative Bill Tracking Matrix, dated August 10, 2006. b. Amend Legislative Platform to include new procedures for taking positions on legislation. 9) INFORMATIONAL ITEMS a. Review Agenda Items scheduled to be presented to Committees in August (Information item only) b. Review and consideration of Agenda Items for Board of Directors Meeting of August 23, 2006 (10) OTHER BUSINESS, COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY (11) MATTERS WHICH A DIRECTOR WOULD LIKE STAFF TO REPORT ON AT A SUBSEQUENT MEETING (12) MATTERS WHICH A DIRECTOR MAY WISH TO PLACE ON A FUTURE AGENDA FOR ACTION AND STAFF REPORT (13) FUTURE MEETING DATES The next Steering Committee Meeting is scheduled for 5 p.m., Wednesday, September 27, 2006. The next Board Meeting is scheduled for 7 p.m., Wednesday, September 27, 2006. -3- August 23, 2006 Agenda (14) 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. Confer re Public Employee Performance Evaluation and Appointment (Government Code Section 54957(b)(1)) Title: Interim General Manager B. Reconvene in regular session C. Consideration of action, if any, on matters considered in closed session. (15) ADJOURNMENT Agenda Posting: In accordance with the requirements of Califomia Government Code Section 54954.2,this agenda has been posted in the mein lobby of the District's Administrative offices not lessthan 72 hours priortothe meeting dateand time above.Al 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 bemuse there is a need to take immediate actign,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. Public Comments: Any member of the public may address the Steering Committee on specific agenda items or matters of general interest. As determined by the Chair,speakers may be deferred until the specific item is taken for discussion and remarks may be limited to three minutes. Matters of interest addressed by a member of the public and not listed on this agenda cannot have action taken by the Committee except as authorized by Section 54954.2(b). Consent Calendar: All matters placed on the consent calendar are considered as not requiring discussion or further explanation,and unless a particular item is requested to be removed from the consent calendar by a Director of staff member, there will be no separate discussion of these items. All items on the consent calendar will be enacted by one action approving all motions,and mating a unanimous ballot for resolutions included on the camanu calendar. All items removed from the consent calendar shall be considered in the regular order of business. The Committee Chair volt determine if any items are to be deleted from the consent calendar. Items Continued: Items maybe continued from this meating without further notice to a Committee meeting held vothin five(5) days of this meeting per Government Code Section 54954.2(b)(3). Meetino Adioumment: This meeting maybe adjourned to a later time and hems of business from this agenda maybe considered at the later meeting by Order of Adjournment and Notice in accordance Wth Government Code Section 64955(posted within 24 -4- August 23, 2006 Agenda hours). 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 Distinct Board Secretary soffice at(714)593-7130 atleast72hourspnortothescheduledmeeting. Requests must specify the nature ofthe disability and the type of accommodatm requested. Notice to Committee Members: Foranyquestions on the agenda or to place any items on the agenda,Committee members should contacithe Committee Chair or Secretary ten days in advance of the Committee meeting. Commie.Chair Jim Ferryman (714)283-5910 Ind.123 Interim General Manager: James D.Ruth (714)593-7110 General Counsel: Brad Hogin (714)564-2606 Commidee Secretary: Gail Gained (714)593,7101 (714)968-4389 (Far) E-mail: gaamett@oesd.corn nmsvrnusnoacsrsrwno cauarteeaod;mm71sa arsaoaaooc MINUTES OF STEERING COMMITTEE MEETING Orange County Sanitation District Wednesday, July 19, 2006, at 5 p.m. A meeting of the Steering Committee of the Orange County Sanitation District was held on Wednesday,July 19, 2006 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 Jim Ferryman, Chair Don Hughes Doug Davert,Vice Chair Rich Freschi, Board Member Carolyn Cavecche, Chair, OMITS Committee Darryl Miller, Chairman, FAHR Committee STAFF PRESENT: Jim Silva, County Supervisor Jim Ruth, Interim General Manager Steve Anderson, Past Board Chair Nick Arhontes, Director of Regional Assets and Services Bob Ghirelli, Director of Technical Services Directors Absent: Patrick Miles, Director of Information Technology Tod Ridgeway, Chairman, PDC Committee Lorenzo Tyner, Director of Finance/Treasurer Layne Baroldi, Legal & Regulatory Affairs Liaison Ryal Wheeler, Maintenance Supervisor Juanita Skillman, Records Manager Alexi Robichaux, Intern Gail Garrett, Committee Secretary (2) APPOINTMENT OF CHAIR PRO TEM No appointment was necessary. (3) PUBLIC COMMENTS Director Rich Freschi commented on the District's election process. He recommended the District adopt a more formal process and structure to elect OCSD leadership. Director Miller informed that the FAHR Committee has strongly endorsed this concept. This item will be agendized for further discussion at a future Steering Committee meeting. Ryal Wheeler, Maintenance Supervisor, in response to Item 6(b) in the June 28 minutes on Independent Reviews for O&M Staffing needs, provided a brief history of several consultant studies that have been performed in the past few years. He assured the committee members that staff has sufficient data to make informed decisions on their work load and staffing needs, without having to Minutes of the Steering Committee Page 2 July 19, 2006 incur the additional cost of another independent study. Mr. Ruth then explained that the proposed O&M and RA&S staffing study was considered at the OMTS meeting and staff was directed not to proceed with the study. (4) REPORT OF THE COMMITTEE CHAIR Committee Chair Jim Ferryman announced the appointment of Vice Chair Davert to the GWRS Joint Cooperative Steering Committee as 30 Alternate. Supervisor Silva, Bob Ghirelli, and Mr. Ferryman will attend the CASA conference in August. Directors are to notify staff if they wish to attend. Mr. Ferryman attended the General Manager's All Hands meeting on July 11. He outlined his vision for the organization and assured employees that, though this past year has been difficult for the District, he has confidence in staff. He will work to instill a new board culture and emphasized that the Board of Directors are responsible for setting policy and the General Manager is responsible for managing the District's administrative and operational needs. Chair Ferryman announced the standing committee meeting dates for August, and noted that OMTS and FAHR committees will be dark in August. A Legislative Strategic Planning session is planned for October 25, 2:30—4:30 p.m. prior to the Steering Committee meeting. (6) REPORT OF THE GENERAL MANAGER Interim General Manager Jim Ruth reviewed activities included in his July Status Report. • Benefits consultant, John Bartel, will be working with staff and the FAHR Committee to explore benefit options to reduce costs. • With the approval of the Board, Mr. Ruth will appoint Dr. Ghirelli as Acting Assistant General Manager effective July 20. • The evaluations of the EMT by the General Manager will be completed by July 21. • Mr. Ruth will be meeting with representatives from the Labor units to initiate preliminary discussions. • Proposals from qualified firms will be solicited to conduct organizational and operational reviews of the District administrative functions. (6) REPORT OF GENERAL COUNSEL General Counsel Brad Hogin announced that CASA has joined the biosolids lawsuit brought by the City of LA vs. Kern County. (7) CONSENT CALENDAR ITEMS a. Approve the minutes of the June 28, 2006 Steering Committee meeting as drafted. MOTION: It was moved, seconded and duly carried to approve the recommended actions for items specified as 7(a) under Consent Calendar. Minutes of the Steering Committee Page 3 July 19, 2006 END OF CONSENT CALENDAR (8) ACTION ITEMS None. (9) INFORMATIONAL ITEMS a. Proposed MOU re protection of the Santa Ana River Interceptor Line Bob Ghirelli, Director of Technical Services, provided handouts and explained that staff and General Counsel had reviewed the MOU. He outlined the changes in three areas suggested by staff'. (1) Limit signatories to those who have a direct financial stake in the realignment portion of SARI line; (2) Emphasize relocation of SARI as a top priority; and, (3) Ensure that existing agreements between SAWPA and OCSD remain in place. Supervisor Silva reported on his meeting with the Army Corps of Engineers in Washington D.C. He informed that the Corps are dedicated to completing the project in a timely manner, and that Flood Control Director Mr. Nakasone will be delaying his retirement for 18 months in order to see the project through. Dr. Ghirelli informed that an amendment to the language in the Water Resources Development Act has been added to raise the funding cap for the Santa Ana River Mainstem Project$1.7 billion to$1.8 billion and the resulting $100 million is earmarked for the SARI line project. Mr. Ruth and Dr. Ghirelli will meet with OCWD General Manager, Virginia Grebbien to determine the level of interest by the Water District in being a signatory to the agreement. After a brief discussion, committee members directed staff to agendize this item for further discussion at the next Steering Committee meeting. Director Silva expressed concern about a potential conflict of interest regarding his participation in the discussion of this matter and was reassured by General Counsel that there is none. b. The Agenda Items scheduled to be reviewed by the Board's working committees in March were reviewed. C. The agenda items scheduled to be presented to the Board at tonight's meeting were reviewed. (10) OTHER BUSINESS. COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY There were none. Minutes of the Steering Committee Page 4 July 19, 2006 (11) MATTERS WHICH A DIRECTOR WOULD LIKE STAFF TO REPORT ON AT A SUBSEQUENT MEETING General Counsel was directed to consider whether consultant contracts may lawfully be based on a percentage of a contract to managed. (12) MATTERS WHICH A DIRECTOR MAY WISH TO PLACE ON A FUTURE AGENDA FOR ACTION AND/OR STAFF REPORT a. Proposed MOU re protection of the Santa Ana River Interceptor Line b. Formal OCSD Leadership Election Process (13) CONSIDERATION OF UPCOMING MEETINGS The next Steering Committee meeting is scheduled for Wednesday, August 23, 2006 at 5 p.m. The next Board Meeting is scheduled for Wednesday,August 23, 2006 at 7 p.m. (14) CLOSED SESSION The Committee convened at 5:55 p.m. in Closed Session, pursuant to Sections 54956.9(b), 54957(b)(1), and 54956.9(c), to discuss three matters. Minutes of the Closed Session are on file with the Board Secretary. Confidential Minutes of the Closed Session held by the Steering Committee have been prepared in accordance with Government Code Section 54957.2, and are maintained by the Board Secretary in the Official Book of Confidential Minutes of Board and Committee Closed Meetings. A report of the recommended actions will be publicly reported at the time the approved actions become final. At 6:30 p.m., the Committee reconvened in regular session. (15) ADJOURNMENT The Chair declared the meeting adjourned at 6:30 p.m. Submitted by: Gail Garrett Steering Committee Secretary H.bagMB>MeNYeert'q fanmlleeltMBVAiwfxl0]1Bce SC Mhules.S.Onc STEERING COMMITTEE MTrg/ re o0ad23o/OW. 123 8/ 6 AGENDA REPORT Item eal(a) Number 1II1661 Orange County Sanitation District FROM: Robert P. Ghirelli, Acting Assistant General Manager Originator: Michael Gold, Legislative Affairs Liaison SUBJECT: Legislative Affairs Update GENERAL MANAGER'S RECOMMENDATION Adopt positions on legislation as listed on the Legislative Bill Tracking Matrix, dated August 10, 2006. SUMMARY Legislation of Particular Interest AB 573 (Wolk) — Design Professionals: Liability. This bill was brought to the attention of the Legislative Affairs Committee on August S at their regular meeting. Previously, staff asked General Counsel, Brad Hogin, to summarize the legal implications of AB 573 (Wolk) dealing with contracts for design professionals and indemnity. The summary prepared by Mr. Hogin is attached. This bill could have a significant effect on the District because for those contracts dealing with engineers and other design professionals, it would exempt them from any liability beyond what is covered in their insurance policies. AB 571 would shift the burden of any legal defense arising out of any claims to the District from the firm and not allow blanket indemnification clauses. AB 573 has significant support from a number of architectural and engineering firms, including many who do business in Orange County. The Orange County Business Council is also in support. (The list of supporters is attached). The bill has already passed the Senate and moved on to the Governor's desk. A letter requesting a veto of AB 573 was sent to the Governor. Otherlssues A list of bills and issues being tracked by staff is attached for your information only. PRIOR COMMITTEE/BOARD ACTIONS The Legislative Affairs Committee recommended opposing AB 573 and sending a letter to Sacramento. Form No.DW-102 Agenda Repod—SC DepL 320 R..aad 811W2DW Pagel 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 N/A ALTERNATIVES N/A CEQA FINDINGS N/A ATTACHMENTS AB 573 Summary prepared by Brad Hogin List of supporters of AB 573 Legislative Issues Tracking Matrix Fmm No.M-102 Agen a Rep n-SC Dept.320 ReNeea'. 8hW200a Page 2 LAW OFFICES OF WOODRUFF, SPRADLIN & SMART A PROFESSIONAL CORPORATION 701 SOUTH PARKER STREET. SUITE 9000 ORANGE. CA 92268-4760 (71ea 00 S.7000 PRIVILEGED AND CONFIDENTIAL ATTORNEY-CLIENT COMMUNICATION MEMORANDUM TO: Michael Gold Legislative Affairs Liaison FROM: Bradley R. Hogin,Esq. DATE: July 25,2006 RE: AB 573 You have asked us to review AB 573 (Wolk),a pending bill restricting public agencies ability to seek broad indemnity from design professionals. I. Overview of AB 573 As recently approved by the Senate Judiciary Committee,AB 573 would add Section 2782.8 to the Civil Code to read, in part,as follows: (a)For all contracts,and amendments thereto,entered into on or after January 1, 2007,with a public agency for design professional services,all provisions, clauses,covenants,and agreements contained in, collateral to,or affecting any such contract,and amendments thereto,that purport to indemnify, including the cost to defend,the public agency by a design professional against liability for claims against the public agency, are unenforceable,except for claims that arise out of,pertain to,or relate to the negligence,recklessness,or willful misconduct of the design professional. This section shall not be waived or modified by contractual agreement, act, or omission of the parties. Contractual provisions, clauses, covenants,or agreements not expressly prohibited herein are reserved to the agreement of the parties. The bill would define "design professional' to include licensed architects, licensed landscape architects,registered professional engineers, and licensed professional land surveyors. "Public agency"is defined broadly in the proposed statute to include virtually all local public agencies, including OCSD, but not the State. The bill passed unanimously in the Assembly,was amended slightly and unanimously recommended by the Senate Judiciary committee,and is now pending before the full Senate. The bill is supported by a large consortium of architectural and engineering firms,as well as by the Chairman of the Orange County Board of Supervisors, Bill Campbell. The California League of Cities,the California State Association of Counties,the Association of California sls±n.1 Michael Gold Legislative Affairs Liaison July 25,2006 Page 2 Water Agencies, and a number of other public agencies and associations of public agencies oppose the bill. CASA has been actively monitoring the bill. The bill appears to have a lot of traction,and all indications are that it is likely to pass. The primary argument in support of the bill (which was persuasive to the Senate Judiciary Committee) is that design professional consultants should not be liable beyond what they can get insurance for,and that the errors and omissions policies available to design professionals will not cover their liability beyond the designer's own negligence or willful misconduct. The primary arguments raised to date by the bill's public agency opponents include the following: • The bill would limit the flexibility of public agencies to negotiate professional service contracts to reflect the particular risks of a project and the relative capacities and capabilities of different design professions. • The legal requirement for public agencies to disclose indemnity and hold harmless contract provisions in requests for proposals or invitations to bid fairly and reasonably addresses the issues in AB 573,because architects/engineers receive advance notice of indemnity provisions and can bid accordingly. • The bill encourages protracted litigation and increased legal defense costs. In the typical lawsuit, it will result in refusal by the architectural or engineering firm or its insurance carrier to provide a legal defense for the public agency prior to a full trial. This will shift the burden of legal defense costs to public agencies/tax payers and will result in protracted litigation because,as a practical matter, a formal finding of negligence or intentional misconduct will be a prerequisite for the public agency to receive indemnity from the A/E consulting firm or its insurance carrier. • The bill interferes with the free-play of market forces in the setting of terms of contracts between public agencies and design professionals. II. Effect of AB 573 AB 573 would significantly curtail the scope of the indemnities OCSD is currently asking for from design professionals. OCSD's current standard indemnification clause requires a defense and indemnification for the entirety of any claim that arises from the consultant's work, EXCEPT claims caused solely by: (1)the OCSD's negligence; (2)third patties not under the consultant's control;and(3)acts of God. However, in response to resistance from consultants, we understand that OCSD staff has been considering curtailing the scope of the standard indemnity clause anyway to limit is scope claims relating to the negligence or willful misconduct of consultants and/or their subcontractors. Even if AB 573 passes in its current form, OCSD would still be able to require that it be named as an additional insured under a consultant's policy. However, ensuring this actually occurs properly will become even more important if AB 573 becomes law. 5152981 Michael Gold Legislative Affairs Liaison July 25,2006 Page 3 In the absence of an enforceable additional insured endorsement,the language of AB 573 may permit a consultant and/or its insurance company to deny a defense to OCSD until there is an actual finding of negligence on the part of the consultant This would shift the burden of upfront legal defense costs to OCSD. A particularly troubling aspect of the current version of AB 573 is the omission of a clarification that the design professional can be required to indemnify the agency against claims arising from the negligence of other persons employed by the design professional, in the performance of the agreement or contract. This language was contained in prior versions of the bill,but has now apparently been stricken or omitted. The inclusion of such a clarification makes sense, since it is the design professional that oversees and controls the quality of work of its employees and subcontractors. Without this language,the bill could be read to prevent a public agency from requiring indemnity for the acts of subcontractors or other employees or independent contractors of the design professional. III. Conclusion AB 573 would significantly curtail the scope of the indemnities OCSD is permitted to negotiate for from design professionals. Whether OCSD wishes to mount formal opposition (either alone or through CASA)to the bill is a policy decision,especially in light of the fact that the bill appears likely to pass. However,I would recommend,at a minimum,that OCSD(and/or CASA) lobby to get the clarification that the design professional can be required to indemnify the agency against claims arising from the negligence of other persons employed by the design professional, in the performance of the agreement or contract reinserted back into the bill. $13283A List of supporters of AB 673(Wolk) • Consulting Engineers and Land Surveyors of • DMJM Harris, Inc. Califomia . DMJMH+N • Infrastructure Delivery Council • Earth Tech, Inc. • Abratique&Associates, Inc. • F. Eugene Metz,AIA • AD Architects, Inc. • Fehr&Peers Associates • Adams Streeter Civil Engineers, Inc. . Flasher+ Foster Architects • Advanced Infrastructure Management, Inc. . Flowers&Associates, Inc. • AEI-CASC Engineering, Inc. . Fraser Seiple Architects • American Institute of Architects, California Council • Fugro West, Inc. • Architects Mosher Drew Watson Ferguson . Gensler • Arroyo Geotechnical • Geodesign, Inc. • Associated Transportation Engineers, Inc. • Geologic Associates • Bahr Architects, Inc. • Geomatics Transportation Services, Inc. • Benner and Carpenter, Inc. • Hall&Foreman Inc. • Biggs Cardona Associates, Inc. . Harris&Associates • Bill Campbell, Chairman, Orange County Board of • Hawley Peterson&Snyder Architects Supervisors . HDR Engineering • Bissell Architects . Higgins Associates • Blackburn Consulting, Inc. . Higginson +Cartozian Architects, Inc. • Blair, Church&Flynn Consulting Engineers . Hilliard Architects • Blake Drucker Architects . HMH Engineers • Boyle Engineering Corporation . HNTB Corporation • Brenton Bridge Engineering, Inc. . Huift-Zollars, Inc. • Building Industry Association of Tulare& Kings . J.P. Kapp Civil Engineers Counties James Winton&Assoc. • C&S Engineers, Inc. . JDBA • C.H.J. Incorporated . Joe G. Hernandez Architects • CA Geotechnical Engineer's Association . Kennedy/Jenks Consultants • CA Land Surveyors Association • Kleinfelder, Inc. • Caldwell Architects . Kornberg Associates • Carlenzoli&Associates . Kruger Bensen Ziemer Architects, Inc • Carter-Burgess Inc. . Lane Engineers, Inc. • Cavignac&Associates . Lawrence A. Rutsch Architects, Inc. • CH2M Hill . Leach Mounce Architects • Chaudhary&Associates, Inc. • Leighton Consulting • Coast Surveying, Inc. . LHA Architects • Construction Management Association of America . Liftech Consultants, Inc. • Covello Group, Inc. • LPA, Inc. • Creagan +D'Angelo • Marchi&Associates • Cunningham Engineering Corporation . Mark Thomas&Company, Inc. • Dahl Taylor&Associates, Inc. • Milazzo&Associates • Daley Enterprises • Moffatt&Nichol • Darden Architects, Inc. • Murray&Downs AIA Architects, Inc. • David Evans and Associates, Inc. . Oakholm Consulting LLC • Dettmer Architecture • Orange County Business Council • Donald E. Banta&Assoc., Inc. . P.A. Arce Engineering, Inc. • Dougherty+ Dougherty Architects LLP . Pacific Design Associates, Inc • Diaz Yourman&Associates . Pacific Geotechnical Engineering • DKS Associates • Parsons Brinckerhoff • PBS&J • Penfield& Smith • Peterson Architects • Phillips Metsch Sweeney Moore Architects • Pollution Prevention International • Provost&Pitchard Engineering Group, Inc. • Psomas • PWNA • Quad Knopf • Quanaroli&Associates • Quincy Engineering, Inc. • R.L. Dewitt&Associates, Inc. • R.L.A. Engineering • RBF Consulting • RCE Consultants, Inc. • Rick Engineering Co. • Rossetti Jorgensen • RRM Design Group • Ruth and Going, Inc. • SA Associates • Salaber Associates, Inc. • Schucard Associates, Inc. • Simon Wong Engineering • Stedam&Dyson Structural Engineers • Strategic Facilities Planning • Strogoff Consulting • Studio Nova A Architects, Inc. • STV Incorporated • T.Y. Lin International • The Alban Group Architects • The Covello Group • TLCD Architecture • Toal Engineering, Inc. • Tri City Engineering • Urban Crossroads, Inc. • Val Cooper&Associates, Inc. • Visual Horizon • Wagner Engineering&Survey, Inc. • Whitson Engineers • William A. Steen&Associates • Winder& Kelly Consulting Engineers • Wright Engineering Associates • Zeiser Kling Consultants • Zijlstra Architecture • Zumwalt Hansen&Associates OCSD Legislative Bill Tracking Updated.August 16, 2006 BIII Number Author Summa Position Source• Action Notes AS 2580 Walters Authorizes OCSD to enter into design- Support Legislative OCSD Sponsored Bill. build contracts in excess of Platform Currently Dead. $10,000,000. AS 140 Nunez Proposition 1 E, slated for the No Position Information to If passed,can be used November 2006 ballot also known as Board of to reimburse the County the Infrastructure Bond. Directors for the SARI Line. AS 573 Wolk Modifies indemnity clauses for design Recommend: Committee Sent veto- Passed Assembly on and engineering-related contracts. Oppose Action request letter Governor's desk. AS 2118 Matthews Defines and allows waste-to-energy Support Legislative At the Unlikely to pass this conversion of various organic wastes to Platform request of year. count towards AS 939 diversion. Board AS 2951 Goldberg Allow public agencies to charge other Support Legislative In Assembly public institutions(universities and Platform Appropriations,ACWA colleges)capacity fees and connection seeking support charges. SB 419 Simitian Requires that any hazardous Oppose Legislative Called CASA Actively opposing substance coming into California by rail Platform committee must meet minimum safety standards and be registered with DES. S8 1205 Escutia "Children's Breathing Rights Act," Oppose BIII referred to which increases penalties for non- Appropriations,appears vehicular pollution sources and to be stalled. establishes a fund for asthma care. SB 1317 Torlakson Gives cities and counties additional Oppose Legislative On suspense. share of property taxes for siting Platform electrical utilities at the expense of special districts. SB 1359 Todakson Sets new notification requirements Oppose when excavating near underground utilities.Also sets standards for who can excavate. SB 1675 Kehoe Requires diesel sold in California to Support Legislative Called Helps create market for contain renewable"bio-diesel." Begins Platform committee to FOGS. In Assembly with 2%renewable content, growing to express Appropriations. 5%after CARS makes certain findings I support *The Legislative Platform contains Board-adopted policies and guidance on legislative matters. Staff uses the platform to take positions on various bills. For the latest copy of the Legislative Platform, please follow this link. STEERING COMMITTEE McMn DaW To 13d.of Dir. 08/23/06 08/23/06 AGENDA REPORT IbNn (b) Ib Nur11(c) 8(b) Orange County Sanitation District FROM: Robert P. Ghirelli, Acting Assistant General Manager Originator: Michael Gold, Legislative Affairs Liaison SUBJECT: Proposed procedures for taking positions on legislation GENERAL MANAGER'S RECOMMENDATION Amend Legislative Platform to include new procedures for taking positions on legislation. SUMMARY Background Currently, OCSD does not take positions on legislation moving through the Assembly or State Senate. Staff has tracked bills, made phone calls and engaged the lobbyists on important issues, but the District has not actively sent letters and aggressively followed key bills. As part of its ongoing efforts to become more involved in legislative affairs and seeking funds, the District Board of Directors adopted a "2006 Legislative Platform" that outlines the District's position on a number of matters. The platform enables staff to advocate for or against bills that fall within its scope. What's needed? With the platform in place, staff now needs direction from Legislative Affairs committee on formally advocating on behalf of the District's Board and giving the lobbyists direction on particular bills. Specifically, staff is requesting that the Board adopted Legislative Platform be amended to include the procedures giving staff the ability to advocate on behalf of the District (including writing letters and giving direction to the lobbyists) on individual bills falling within the scope of the platform. A procedure is also outlined for those bills that do not fall within the scope of the platform. Staff proposes the following procedures: • Staff will track bills of greatest interest to the District, particularly those that fall within the goals and objectives identified by the Board of Directors. Staff will monitor bills being watched by other similar agencies in Orange County (OCWD, Form No.M-103 Agenda Report-SC Dap1.3N R.W W16 W6 Page 1 MWDOC, etc.) as well as State Agencies such as California Association of Sanitation Agencies (CASA), the California Special Districts Association (CSDA) and the Association of California Water Agencies (ACWA). • For those bills that are being tracked where there is clear policy direction stated in the Board-adopted Legislative Platform, staff can send letters and give direction to the lobbyists to advocate that position. • Where a particular issue is not urgent, all legislative letters will be hand-signed by the Chair or Vice-Chair. If a matter is urgent, staff may use the signature stamp, so long as a clear policy direction exists. • A summary of bills being tracked will be presented to the Legislative Affairs and Steering Committees monthly. • When a bill does not fall within the scope of the Legislative Platform or is a politically controversial issue, staff will seek direction from the Legislative Affairs Committee. PRIOR COMMITTEEIBOARD ACTIONS The Legislative Affairs Committee recommended adoption of the procedures at its August 8, 2006 meeting. The Legislative Platform was adopted by the Board of Directors on December 21, 2005. PROJECT/CONTRACT COST SUMMARY N/A BUDGETIMPACT ❑ This item has been budgeted. (Line item: ) ❑ This item has been budgeted, but there are insufficient funds. ❑ This item has not been budgeted. ® Not applicable (information item) ADDITIONAL INFORMATION N/A ALTERNATIVES N/A CEQA FINDINGS N/A ATTACHMENTS 2006 Legislative Platform - Revised (Adopted December, 2005) Farm No.DW 102 A,od.Food—SC Dept 320 NevleeC: SM612006 Page 2 Orange County Sanitation District 2006 Legislative Platform The Orange County Sanitation District (OCSD) recognizes the need to protect its interests and the interests of its ratepayers through political involvement at the federal, state and local levels. In order to be effective in protecting these interests, OCSD reviews legislative action in Sacramento and Washington DC and has established a framework for implementing its legislative advocacy efforts by crafting policies for addressing those activities at the beginning of each legislative year. The following legislative policies have been developed by OCSD staff and legislative advocates in consideration of OCSD service area cities' and OCSD's policy needs. These Board- approved policies serve as OCSD's official positions of support or opposition on issues of importance to the agency. OCSD staff and Board may take appropriate action consistent with these policies statements. Appropriate actions may consist of, but are not limited to, drafting letters of support or opposition on proposed legislation, crafting legislation, lobbying on behalf of or against proposed legislation or maintaining a position without engaging in any proactive efforts. PROCEDURE FOR TAKING POSITIONS ON BILLS 1. Staff will track bills of greatest interest to the District, particularly those that fall within the goals and objectives identified by the Board of Directors. Staff will monitor bills being watched by other similar agencies in Orange County (OCWD, MWDOC, etc.) as well as State Agencies such as California Association of Sanitation Agencies (CASA), the California Special Districts Association (CSDA) and the Association of California Water Agencies (ACWA). 2. For those bills that are being tracked where there is clear policy direction stated in the Board-adopted Legislative Platform, staff can send letters and give direction to the lobbyists to advocate that position. 3. Where a particular issue is not urgent, all legislative letters will be hand-signed by the Chair or Vice-Chair. If a matter is urgent, staff may use the signature stamp, so long as a clear policy direction exists. 4. A summary of bills being tracked will be presented to the Legislative Affairs and Steering Committees monthly. 5. When a bill does not fall within the scope of the Legislative Platform or is a politically controversial issue, staff will seek direction from the Legislative Affairs Committee. Adopted December,2005 Revised August,2008 FEDERAL & STATE LEGISLATIVE POLICIES 1. AIR QUALITY: OCSD is committed to complying with federal, state, and local air quality laws and rules. OCSD is further committed to establishing an odor policy to assure that the district is a good neighbor to the surrounding communities. Therefore, OCSD shall: a. Support air quality legislation that emphasizes the use of advance technologies and applicable market incentives, and incentives for the use of alternative fuels and the development of the infrastructure for alternative fuel vehicles. b. Support measures that maintain and enhance local decision-making authority, where appropriate, in the development and implementation of air quality attainment strategies. c. Support legislation to ensure greater consistency between the California and Federal Clean Air Acts; including the need to demonstrate cost- effective public health or environmental benefit if California elects to exceed federal standards. d. Support strategies that clearly demonstrate and provide for the most cost- effective means for meeting air quality goals. e. Support, in concept, legislation that would utilize incentives and pricing strategies as a preferred alternative to traditional command and control regulations for meeting emission reduction objectives for all sources. f. Oppose actions that preclude implementation of the Air Quality Management Plan (AQMP) to the extent that such actions could subject the basin to sanction or conformity penalties. 2. BIOSOLIDS: OCSD strives to beneficially use biosolids through multiple management options performed at reasonable costs that are protective of public health and the environment. Therefore, OCSD shall: a. Support legislation that supports the use of biosolids as on non-food production agricultural lands. b. Support policies that encourage biosolids product use by horticulture and retail consumers. c. Oppose legislation that bans the use of biosolids for land application in any region, county, or state. d. Support science-based legislation that establishes a state-wide regulatory system for biosolids management. 3. GRANT FUNDING: OCSD is committed to offsetting its research, special projects and wastewater infrastructure project and construction costs by 2 Adopted December,2005 Revised August ,2006 obtaining funding through grants and cooperative agreements. Therefore, OCSD shall: a. Support appropriations legislation, bonds, programs, and projects that provide funding for infrastructure construction and rehabilitation, special studies and research or projects relating to security, environmental education, water quality, wastewater processing, urban runoff, water conservation, and water recycling. b. Support projects that provide for public benefit, over projects that are primarily intended for private benefit or gain. c. Support continued federal funding for protecting and realigning the Santa Ana River Interceptor project and for secondary treatment upgrades. d. Oppose proposals placing further requirements on grant recipients that return low value for high administrative costs. 4. LABOR RELATIONS: OCSD is committed to the exercise of and provision of orderly procedures for the administration of employer-employee relations, including, but not limited to, meeting and conferring in good faith with recognized employee organizations regarding the wages, hours of work, and other terms and conditions of employment. Therefore, OCSD shall: a. Support measures to reform current workers compensation formulas to rely on higher thresholds for compensation or a proportionate exposure formula. b. Support health insurance reform that does not create additional financial burdens on special districts. c. Support measures to ease applicability of the Fair Labor Standards Act (FLSA) on public agencies. d. Oppose any measure imposing compulsory and binding arbitration with respect to public employees. e. Oppose any measure that imposes upon local government mandated employee benefits that are more properly decided at the local bargaining table. f. Oppose efforts reducing local control over public employee disputes and imposing regulations on an outside agency. g. Oppose any measure granting public employees the right to strike. h. Oppose a new mandatory Social Security tax for public employers and public employees. 3 Adopted December,2005 Revised August ,2006 5. PLANNING: OCSD ensures the long-range planning of capital improvement programs in order to deliver the highest quality facilities. Therefore, OCSD shall: a. Support reform of existing state, regional, and local planning processes only if directly linked to reforms in the current revenue and tax structure of state and local governments. b. Support measures that provide new revenues for growth management and the public facilities necessary to support expected growth. c. Support proposals encouraging regional, sub-regional or countywide cooperation in planning urban development strategies, especially those that provide funding for effective implementation of agreed upon goals. d. Oppose legislation consolidating special districts that fail to address the concerns of cities affected by the proposed consolidation. e. Oppose measures that prevent or restrict the ability of cities or special districts to participate in the Southern California Association of Governments' (SCAG) sub-regional process. 6. PUBLIC HEALTH: Protection of public health is OCSD's core mission. OCSD will work cooperatively with county and state health officers to assure local health protection. Therefore, OCSD shall: a. Support hazard mitigation, emergency response, planning and recovery through direct legislation, policy directives and funding toward floodplain security within the Santa Ana River watershed. b. Support (generally) measures that provide for improved public health through regulation. c. Support the protection of public health through the construction and implementation of advanced wastewater treatment technology. 7. PUBLIC WORKS: OCSD is committed to the achievement of effective and efficient projects that provide wastewater treatment services that benefit its ratepayers. Therefore, OCSD shall: a. Support measures that provide funding and support to publicly owned treatment works and sewerage collection systems. b. Support legislation that allows public agencies to procure goods and services in manners similar to private industry, thereby reducing overall costs of delivery. c. Support legislation that improves the Utility Underground Service Alert Program in order to improve coordination, identification, minimize damage, minimize environmental risks and minimize cost exposure to publicly owned facilities when contractors are performing sub-surface work. 4 Adopted December,2005 Revised August,2006 d. Support a comprehensive response to the State's electricity and natural gas shortages that provide a stable energy supply, respects the ability of municipalities to provide power, recognizes that infrastructure (i.e. emergency and standby generators) exists that could be employed temporarily during weak periods with minimal air quality impact and protects ratepayers (including cities and special districts) against dramatic rate increases and statewide power outages. e. Support legislation that allows OCSD to utilize the Best Value Design/Build option for the construction of public works projects. 8. REVENUE & TAXATION: Track pending legislation to ensure OCSD remains in compliance with the government code as it pertains to wastewater system user fees and property tax revenues and the investment of public funds. Therefore, OCSD shall: a. Support measures leading to a greater financial independence from the state and would result in greater stability and predictability in local government budgeting. b. Oppose measures that impose mandated costs for which there is no guarantee of local reimbursement or offsetting benefits. c. Oppose legislation that shifts tax revenues away from local governments without the adequate provision of a constitutionally guaranteed backfill to offset the lost revenues of those local governments. d. Oppose measures that allow state retention of existing local revenue sources, including the special district share of property tax, sales tax, vehicle license fees and rate payer fees. e. Oppose the use of revenues traditionally used to fund the delivery of municipal services to fund programs for which the state is responsible, particularly the courts, health, and welfare programs. 9. SPECIAL DISTRICTS: OCSD supports the maintenance of special districts to provide specific services, in response citizen's demands, in a cost effective manner. Therefore, OCSD shall: a. Support outreach to local, regional, and state elected officials to foster a greater understanding regarding the critical relationship between adequate reserves and the successful short-and-long-term operation of water and wastewater agencies. b. Support the work of the Association of California Water Agencies (ACWA), California Association of Sanitation Agencies (CASA), and California Special Districts Association (CSDA) in any future discussions or 5 Adopted December,2005 Revised August,2006 negotiations pertaining to the legislative and budget issues relative to preserving control of members' reserves. c. Oppose further state regulations that adversely impact special district financing and operations. d. Oppose measures that create or grant powers to sub-regional or regional bodies that would result in an infringement on clearly local concerns. e. Oppose any administrative or legislative efforts to access or transfer any reserve funds held by water and wastewater districts. f. Oppose the imposition of unfunded, mandated programs on local governments. 10.WATER QUALITY & SUPPLY: OCSD is committed to participating collaboratively in the protection of regional water resources for the benefit of the people we serve. Therefore, OCSD shall: a. Support continued federal and state funding for the Santa Ana River Interceptor Relocation project. b. Support (generally) measures to increase water supply and improve water quality in the region. c. Support measures that would increase funding for water reuse technologies, including support for the Groundwater Replenishment System project by the Orange County Water District and OCSD to create new water supplies through recycling. d. Support U.S. Army Corps of Engineers projects for Orange County regarding watershed and water quality protection and sand replenishment. e. Support measures that promote and provide for the use of reclaimed water. f. Support "watershed-based" solutions, including cost-shared studies with the US Army Corps of Engineers of water quality impairments that reflect state-of-the-art science. g. Support policy development, funding, and research for addressing urban runoff and beach closures, including funding for studies that identify the sources of bacterial, viral and other contaminants and human pathogens. h. Support measures to evaluate water quality standards, as needed, to ensure the objectives are appropriately protecting the designated use. i. Support measures to develop a state-wide consistent policy for total maximum daily load (TMDL) listing and delisting. j. Support State General Fund subventions and Bond revenue to special districts for local and regional efforts that educate the public on urban runoff, which provide for long-term capital improvements (like storm drain 6 Adopted December,2005 Revised August, 2006 diversions and filters), and encourage municipalities to implement Urban Runoff Best Management Practices at the local level. k. Support legislation that would retain any Regional Board fines levied against a permit violator within the Region of the fine. I. Support legislation that provides "amnesty" from administrative civil liability (ACL) fines from Regional Boards for agencies participating in comprehensive watershed studies that will, when complete, address the problem that resulted in the ACL fine. m. Support efforts, including legislation, clarifying Regional Water Quality Control Board requirements that necessitate expedition of funds are unfunded mandates. n. Support measures addressing non-point source pollution in order to protect our ocean water quality and provide funding to mitigate its effects. o. Support measures for alternative energy sources. p. Support efforts to reduce the toxic and non-reusable waste load. q. Support legislation and regulations that promote improved water use efficiency in construction of water efficient buildings and communities. r. Support legislation that promotes improved water use efficiency through state and federal assistance in evaluating and implementing new programs and technologies and increasing public awareness of water use efficiency. s. Support legislation that provides for groundwater management on a local level, with respect to coordination of programs, extraction and production rights, long-term protection and groundwater quality protection. t. Support legislation that provides for the development of the watershed approach, including watershed management plans and watershed based permitting. u. Oppose proposed environmental constraints on government agencies that would result in economic damage to the region while providing only minimal protections. v. Oppose efforts to make all NPDES permits the same. Requirements of other permits may be too onerous or not applicable. OCSD's permit should be tailored to the Orange County region and watershed. w. Oppose the imposition of statewide/nationwide fees for environmental cleanup that is privately caused or regional in nature (e.g., when the nexus between those responsible for environmental abuse and those required to pay for cleanup or mitigation is absent). x. Support measures supporting urban runoff studies and urban runoff reduction. 7 Adopted December,2005 Revised August,2006 y. Support Coastal Water Quality efforts to ensure that clean beach projects remain a top priority for the state, whether through negotiations on upcoming resources bonds, in setting of legislative priorities, implementation of funding programs, and in any other relevant process. 6 Adopted December, 2005 Revised August,2006 STEERING COMMITTEE Meeting Date I To Be.of Dlr. o8r2 AGENDA REPORT Item Number Item Number ecet Orange County Sanitation District FROM: James D. Ruth, Interim General Manager Originator: Gail Garrett, Committee Secretary SUBJECT: September 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 September. 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 September: OMTS Committee: 1. Consider Amendment of Randy Abbott Agreement 2. Report on Effectiveness of the OP Nerissa 3. Consider Odor Control Chemical Contract Credit in the amount of$76,098, and Application of Credit for Relocating Chemical Dosing Tank at Seal Beach Pump Station 4. Consider Reallocation of Funds to Research Program 5. Report on SARI Line Operational Overview 6. Consider Process Data Historian PDC Committee: 1. Ratify Change Order No. 3 and Approve Closeout Agreement for Job No. P2-82, Utilities Rehabilitation at Plant No. 2 2. Ratify Change Order No. 11 for Contract No. 7-36, 7-39, and 7-41, Gisler-Redhill Trunk Improvements 3. Ratify Change Order No. 20 for Contract No. 1-2-4, Bushard Trunk Sewer Rehabilitation 4. Ratify Change Order No. 2 for Contract No. 5-51, Rehabilitation of 14" Street Pump Station 5. Ratify Change Order No. 1 for Job No. FE05-31, P1 Underground Storage Tank Rehabilitation at Electric Power Building 4 6. Ratify Change Order No. 1 for Job No. FE05-32, P1 Underground Storage Tank Rehabilitation at CenGen Building 7. Ratify Change Order No. 28 for Job No. P1-37, Primary Clarifiers 16-31 and Related Facilities 8. Ratify Change Order No. 10 and Approve Closeout Agreement for Job No. P2-47-3, Secondary Treatment Facilities Process Upgrades at Plant No. 2 9. Ratify Change Order No. 1 for Contract No. 7-21, Sunflower Trunk Manhole Rehabilitation 10. Approve Amendment No. 8 to PSA for Contract No. 7-21, Sunflower Trunk Manhole Rehabilitation 11. Approve Amendment No. 5 to PSA for Job No. J-71-8, Rehabilitation of Odor Control Facilities 12. Approve Amendment No. 1 to PSA for Job No. SP-98, P2 Maintenance Building Modifications 13. Award Construction Contract for Contract No. 1-10, Rehabilitation of Ellis Avenue Pump Station 14. Authorize Sole Source Selected Items in CIP Projects for Sole Source Procurements in CIP Projects 15. Receive and File the Strategic Plan Update for Job No. J- 101, Collection System Model and Strategic Plan FAHR Committee: 1. Report on Benchmark Similar Agencies for EMT & Managers DOA 2. Contract Award Appeal Process Policy Update 3. Consider Safety Policy— Contractor Safety Program 4. Consider Open Campus Security Program 5. Consider Security Policy 6. Consider Adopting Revised Conflict of Interest Code Resolution PROJECT/CONTRACT COST SUMMARY N/A BUDGETIMPACT ❑ This item has been budgeted. (Line item: ) ❑ This Rem has been budgeted, but there are insufficient funds. ❑ This item has not been budgeted. ® Not applicable (information item) ADDITIONAL INFORMATION NA C Ubcu—e .-n Se,Imgid —m —l$ .,,T,.,Inldne,1,I IOIMZ Id$ep,emEe,a,fibs A,.,. aa. Page 2 ALTERNATIVES NA CECA FINDINGS Not a project. ATTACHMENTS NA 99 L'\Od' rMpb Gptl SElllipadmotlla' I$elipBe\TempINpry Inlamel FlbegLNlB-0 9�o)Pflelpr SopbmElFY!B.tlCt raew.ae.ermree Page 3 STEERING COMMITTEE Meetig Date To Bd.of Dir. OW23M AGENDA REPORT em Nwnber Item Number 9bt Orange County Sanitation District FROM: James D. Ruth, Interim 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 August 23, 2006 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 August 23, 2006 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. Adopt Resolution No. OCSD06-18, Adopting Policies and Procedures for Providing Priority Services to Affordable Housing Projects (Government Code Section 65589.7). b. Approve the execution of a Purchase and Sale Agreement and Quitclaim Deed with Sakioka Farms and Marjack, LLC (collectively, Sakioka Farms) for 0.6112 acres of sewer easement located near the intersection of Sunflower Avenue and Anton Boulevard in the City of Costa Mesa, for $890,000, in a form approved by General Counsel. 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 July 19, 2006, to be filed. b. Adopt positions on legislation as listed on the Legislative Bill Tracking Matrix, dated August 10, 2006. C. Amend Legislative Platform to include new procedures for taking positions on legislation. Non-Consent Calendar d. Consideration of items deleted from Steering Committee Consent Calendar, if any 12. PLANNING, DESIGN AND CONSTRUCTION COMMITTEE (PDC) PDC Consent Calendar a. Order draft Planning, Design and Construction Committee Minutes for the regular meeting held on August 3, 2006, to be filed. b. (1) Ratify Change Order No. 1 to Plant No. 1 Water Distribution System Modifications, Job No. FE05-20, with Mike Prlich & Sons, Inc., authorizing an addition of$71,930 and 69 calendar days, increasing the total contact amount to $268,308; and, (2) Accept Plant No. 1 Water Distribution System Modifications, Job No. FE05-20, as complete, authorizing the execution of the Notice of Completion and approving the Final Closeout Agreement. C. Ratify Change Order No. 10 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. 741; and City of Tustin Project Nos. 6106 and 6151, with ARB, Inc., authorizing an addition of$67,483, increasing the total contract amount to $21,602,434. d. (1) Ratify Change Order No. 3 to Peak Flow Management, Job No. J-67, with Margate Construction, Inc., authorizing an addition of $15,205, and 159 calendar days, increasing the total contract amount to $1,387,903; and, C`IDrumMsaM Senigtlmm`Im15 S%Ts,NearyH FlMV_'UM%b)MfMNpW Bmds 7.h[ ,�,,, Page 2 (2)Accept Peak Flow Management, Job No. J-67, as complete, authorizing execution of the Notice of Completion and approving the Final Closeout Agreement. e. Ratify Change Order No. 2 to Ellis and Bushard Intersection, Contract No. I-2-4A, with Mike Bubalo Construction Company, Inc. authorizing a deduction of$815,658, decreasing the total contract amount to $10,375.842. f. Approve Amendment No. 2 to the Professional Services Agreement with Malcolm Pimie, Inc. for Primary Treatment Rehabilitation/Refurbishment, Job No. P2-80, providing for additional engineering services for an additional amount of$793,641, increasing the total amount not to exceed $7,402,143. g. (1) Approve a budget increase of$10,000,000 to the construction budget for Trickling Filters at Plant No. 2, Job No. P2-90, for a total increased construction budget of$200,000,000; and, (2)Approve plans and specifications for Trickling Fitters at Plant No. 2, Job No. P2-90. h. (1) Approve a Budget Amendment of$300,000 for the Cooperative Project Grants Program, Job No. J-73, for a total budget of$2,300,000 for Fiscal Year 2006-07; (2)Approve time extensions to Cooperative Projects Contract Agreements: Contract No. 0302 with the City of Anaheim, Contract No. 0404 with the City of Fountain Valley, Contract No. 0409 with Garden Grove Sanitary District, Contract No. 0126 with the City of La Habra, and Contract No. 0417 with the City of Villa Park; and, (3) Approve grant funding for Midway City Sanitary District projects: (a) $519,760 for the replacement of approximately 3,780 lineal feet of sanitary sewer within Basin 22; and (b) $410,000 for sewer repairs at 48 locations for a total amount of$929,750. PDC Non-Consent Calendar t. Consideration of items deleted from PDC Consent Calendar, if any. 13. LEGISLATIVE AFFAIRS COMMITTEE Legislative Affairs Consent Calendar a. Order Legislative Affairs Committee Minutes for the meeting held on August 8, 2006 to be filed. cm�mnaaias.n:q.rm.uaw s+iea.�*«maw eamr rx..�ounam ervra�.n.a4,+emrv.�.mc n..a.e ermae Page 3 Legislative Affairs Non-Consent Calendar b. Consideration of items deleted from FAHR Consent Calendar, if any. 14. GWR SYSTEM STEERING COMMITTEE (GWRSSC) GWRSSC Consent Calendar a. Order Joint Groundwater Replenishment System Steering Committee Minutes for the meeting held on July 10, 2006, to be filed. b. Approve Amendment No. 7 to the Professional Services Agreement with MWH Americas, Inc., providing for the annual cost of living adjustment in accordance with the agreement for the Groundwater Replenishment System, Job No. J-36, for an additional amount of $102,908, increasing the total amount not to exceed $13,888,359 to b equally shared with the Orange County Water District. GWRSSC Non-Consent Calendar C. Consideration of items deleted from GWRSSC Consent Calendar, if any. NON-CONSENT CALENDAR 15. 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 ALTERNATIVES NA c�um.ma and S.niNSU.MY dlS.ainpalTamp.,aryI,dand.F118MOLV8d)%b)ra.nx a,qum Exwdb )ex a... E 138 Page 4 CEQA FINDINGS Not a project. ATTACHMENTS NA 99 c WRcm�nmle ena senin9eWmWnw SMtinpelTenpwmy4Yarw1 FllesWllO9N elnl awkrNrouu ewar 1 ax Page 5 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