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
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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.
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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��
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ORANGE COUNTY SANITATION DISTRICT
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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.
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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
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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
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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
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STEERING COMMITTEE MTrg/ re o0ad23o/OW.
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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
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A,.,. aa. Page 2
ALTERNATIVES
NA
CECA FINDINGS
Not a project.
ATTACHMENTS
NA
99
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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,
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,�,,, 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.
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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
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a... E 138 Page 4
CEQA FINDINGS
Not a project.
ATTACHMENTS
NA
99
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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