HomeMy WebLinkAbout2007-03 MINUTES OF STEERING COMMITTEE MEETING
Orange County Sanitation District
Wednesday, March 28, 2007, at 5:00 p.m.
A meeting of the Steering Committee of the Orange County Sanitation District was
held on Wednesday, March 28, 2007 at 5:00 p.m., in the District's Administrative
Office.
(1) The roll was called and a quorum declared present, as follows:
STEERING COMMITTEE MEMBERS: DIRECTORS ABSENT
Directors Present: None
Jim Ferryman, Chair
Doug Davert, Vice Chair STAFF PRESENT:
Mark Waldman, F&A Committee Chair Jim Ruth, General Manager
Larry Crandall, E&O Committee Chair Bob Ghirelli, Assistant General Manager
Steve Anderson, Past Board Chair Nick Arhonles, Director of Operations and
Phil Luebben, F&A Committee Vice Chair Maintenance
Cathy Green, E&O Committee Vice Chair Jim Herberg, Director of Engineering
Ed Torres, Director of Technical Services
OTHERS PRESENT: Lorenzo Tyner, Director of Finance and
Bradley R. Hogin, General Counsel Administrative Services
Scott Baugh, Platinum Advisors Michael Gold, Legislative Affairs Liaison
Jackie Nutting,Associated Builder's Contracts Gail Garrett,
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(2) APPOINTMENT OF CHAIR PRO TEM
No appointment was necessary. APR 2 5 2007
(3) PUBLIC COMMENTS
There were none.
(4) REPORT OF THE COMMITTEE CHAIR
Chair Jim Ferryman reported that he and staff attended the 2007 CASA Washington DC Conference
in March and met with Orange county delegates. A full report will be provided at the Board meeting
tonight.
Chair Ferryman and staff met weekly with SAWPA, OCWD and County executive staff and have
agreed upon a tentative financial plan to fund the SARI line relocation. He outlined the plan and
explained that OCSD would be repaid as the County receives its Subvention Funds from the State.
Lorenzo Tyner, Director of Finance and Administration, answered questions regarding the financial
plan's potential impact on OCSD's rates. He and General Counsel will draft an agreement between
OCSD and the County for consideration by the governing boards of each agency. This will be
reviewed at the next SARI Executive meeting scheduled April 12.
Chair Ferryman announced the upcoming committee meetings for April. After a brief discussion,
the Steering Committee concurred with Chair's recommendation to reschedule its Steering and
Board meetings to begin at 5:30 p.m. and 6:30 p.m. respectively, effective next month. The
decision will be ratified at the April Board meeting.
Minutes of the Steering Committee
Page 2
March 28, 2007
(5) REPORT OF GENERAL MANAGER
Jim Ruth briefly reported on the month's activities and achievements: excellent progress is
being made on Design-Build Legislation—the California Building Industry Association has
Indicated it will send a letter of support; Succession Plan has been completed; separate
agreements with the County are being drafted by OCSD and SAWPA; HR is initiating an
executive search for the IT Systems& Operations Manager position; labor negotiations are
progressing with proposals and counter-proposals being exchanged.
Mr. Ruth recognized Nick Arhontes, Director of Operations and Maintenance,who briefed the
Committee on the City of Huntington Beach Pump Station construction timeline, and responded
to their questions. Sanitation District staff will begin the Due Diligence process and assist
General Counsel's staff in developing the Consideration of Acquisition agreement once the
executed MOU is received. The new facilities will eventually be staffed by personnel from the
phased out Carbon Canyon pump station,which will be replaced with a new gravity sewer.
(6) REPORT OF GENERAL COUNSEL
General Counsel Brad Hogin did not give a report.
(7) CONSENT CALENDAR ITEMS
a. MOVED, SECONDED AND DULY CARRIED: Approve minutes of the February 28,
2007 Steering Committee meeting.
END OF CONSENT CALENDAR
(8) ACTION ITEMS
There were none.
(9) INFORMATIONAL ITEMS
a. Michael Gold introduced lobbyist Scott Baugh who provided an update on the District's
Design-Build bill SB 645 authored by Senator Lou Correa. The first hearing on this
legislation will be April 18'In the Senate Local Government Committee. He is
confident the bill will pass.
Mr. Gold informed that our state and federal lobbyists will be participating in future
Steering committee meetings, alternating each month, either in person or by
teleconference.
b. The Agenda Items scheduled to be reviewed by the Board's working committees in
April were reviewed.
C. The agenda Items scheduled to be presented to the Board at the March 28, 2007
meeting were reviewed.
(10) OTHER BUSINESS, COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY
Jim Herberg, Director of Engineering, briefed the Committee on the emergency repairs required for
the Clarifier P Sludge Collector Mechanism at Plant 2. He advised that, as a result of the Corrosion
Inspection just completed, additional emergency repairs will be performed on a sewer pipe at Plant 2.
He assured directors that these two emergency repairs are not a result of deferment of CIP funds.
The Corrosion Inspection report will be presented to the Committees and Board In April.
Minutes of the Steering Committee
Page 3
March 28, 2007
(11) MATTERS WHICH A DIRECTOR WOULD LIKE STAFF TO REPORT ON AT A
SUBSEQUENT MEETING
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, April 25, 2007 at 5:30 p.m.
The next Board Meeting is scheduled for Wednesday, April 25, 2007 at 6:30 p.m.
(14) CLOSED SESSION
The Committee convened at 5:52 p.m. in Closed Session, pursuant to Sections 54956.8,
54956.9. 54957, or 54957.6 to discuss two matters. Minutes of the Closed Session are on file
with the Clerk of the Board. 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 Clerk of the Board in the Official Book of Confidential Minutes of Board and
Committee Closed Meetings. A report of the recommended actions will be publicly reported at
the time the approved actions become final.
At 5:59 p.m., the Committee reconvened in regular session.
(15) ADJOURNMENT
The Chair declared the meeting adjourned at 5:59 p.m.
Submitted by:
Gai Garrett
Steering Committee Secretary
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STATE OF CALIFORNIA )
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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, March 28, 2007, was
duly posted for public inspection in the main lobby of the District's offices on Thursday, March 22,
2007.
IN WITNESS WHEREOF, I have hereunto set my hand this 28th day of March, 2007.
Penny Kyle, Oferk of the B and of Directors of Orange
County Sanitation District
Posted: March22 2007 12:00 p.m.
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By: 6
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STEERING COMMITTEE AND BOARD MEETING DATES
FOR THE NEXT TWELVE MONTHS
Wednesday, March 28, 2007
Wednesday, April 25, 2007
Wednesday, May 23, 2007
Wednesday, June 27, 2007
'Wednesday, July 18, 2007
Wednesday, August 22, 2007
Wednesday, September 26, 2007
Wednesday, October 24, 2007
'Wednesday, November 14, 2007
'Wednesday, December 19, 2007
Wednesday, January 23, 2008
Wednesday, February 27, 2008
Wednesday, March 26, 2008
'Tentatively rescheduled from regular fourth Wednesday.
H:WepttegendMCaemidees%Steenng CommlHeM20072.Meeting Dams Fon.doc
STEERING COMMITTEE
(1) Roll Call:
Meeting Date: March 28 2007 Meeting Time: 5:00 p.m.
Metal Adjourned: D.M.
Committee Members
Jim Ferryman, Board Chair.................................................
Doug Davert, Vice Chair.....................................................
Mark Waldman,Administration Committee Chair................
Larry Crandall, Operations Committee Chair......................
PhilLuebben.......................................................................—
CathyGreen.......................................................................— —
SteveAnderson..................................................................—
Others
Brad Hogin, General Counsel —
Scott Baugh, Platinum Advisors —
Staff Present
Jim Ruth, General Manager
Bob Ghirelli, Assistant General Manager
Nick Arhontes, Director of Operations & Maintenance
Jim Herberg, Director of Engineering —
Ed Torres, Director of Technical Services
Lorenzo Tyner, Director of Finance &Administrative Services
Michael Gold, Legislative Affairs Liaison
Gail Garrett, Committee Secretary
Other Staff Present
c: Lenora Crane
H:\dephagenda\Committees\steering Committee@00W Benda\03\3.Rall Call Sheet Form.3.doc
AGENDA
REGULAR MEETING OF THE STEERING COMMITTEE
ORANGE COUNTY SANITATION DISTRICT
WEDNESDAY, March 28, 2007 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
b. City of Huntington Beach Pump Station Update
(6) REPORT OF GENERAL COUNSEL
(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. Order the minutes for the regular meeting held on February 28, 2007 to be filed and
deemed approved, as mailed.
END OF CONSENT CALENDAR
Consideration of items deleted from Consent Calendar, if any.
(8) ACTION ITEMS
(9) INFORMATIONAL ITEMS
a. Legislative Update (Book Page 8)
b. Review Agenda Items scheduled to be presented to Committees in April (Information
item only) (Book Page 12)
C. Review and consideration of Agenda Items for Board of Directors Meeting of March 28,
2007 (Book Page 14)
Book Page I
-2- March 28, 2007 Agenda
(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 W ISH 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, April 25, 2007.
The next Board Meeting is scheduled for 7 p.m., Wednesday,April 25, 2007.
(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. Ali
A. Convene in closed session, if necessary
1. Confer with designated representatives Jim Ruth, General Manager; Lorenzo
Tyner, Director of Finance and Administrative Services;Jeff Reed, Human
Resources and Employee Relations Manager; and Paul Loehr, Human
Resources Supervisor, re Meet and Confer Update re contract negotiations
for employees represented by 1). Orange County Employees Association; 2).
International Union of Operating Engineers, Local 501,and 3). Supervisors,
Professional Management Team (part of Peace Officers Council of California)
(Government Code Section 54957(b)(1).
2. Confer with Legal Counsel Re. Existing Litigation
(Subdivision (a)of Section 54956.9)-One(1) Case:Travelers Casualty And
Surety Company,at al. v. OCSD, San Diego Superior Court, Case No.
GIC873347, re Plant 2 Solids & Storage Truck Loading Facility, Job
No. P2-60
B. Reconvene in regular session
C. Consideration of action, if any, on matters considered in closed session.
(15) ADJOURNMENT
Book Page 2
-3- March 28, 2007 Agenda
Agenda Posting: In accordance with the requirements of California Government Code Section 54954.2,this
agenda has been posted in the main lobby of the District's Administrative offices not less than 72 hours prior
to the meeting date and time above. All written materials relating to each agenda item are available for public
inspection in the office of the Clerk of the Board.
Items Not Posted: In the event any matter not listed on this agenda is proposed to be submitted to the
Committee for discussion and/or action, it will be done in compliance with Section 54954.2(b) as an
emergency item or because there is a need to take immediate action,which need came to the attention of the
Committee subsequent to the posting of agenda, or as set forth on a supplemental agenda posted in the
manner as above, not less than 72 hours prior to the meeting date.
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 casting a unanimous ballot for
resolutions included on the consent calendar. All items removed from the consent calendar shall be
considered in the regular order of business.
The Committee Chair will determine if any items are to be deleted from the consent calendar.
Items Continued: Items may be continued from this meeting without further notice to a Committee
meeting held within five(5)days of this meeting per Government Code Section 54954.2(b)(3).
Meeting 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).
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
Clerk of the Board's office at(714)593-7130 at least 72 hours prior to the scheduled meeting. Requestsmust
specify the nature of the disability and the type of accommodation requested.
Notice to Committee Members:
For any questions on the agenda or to place any items on the agenda, Committee members should contact the
Committee Chair or Secretary ten days in advance of the Committee meeting.
Committee Chair. Jim Ferryman (714)283-5910 ext.123
General Manager: James D.Ruth (714)593-7110
Assistant General Manager. Bob Ghirelli (714)593-7400
General Counsel: Brad Hogin (714)564-2606
Committee Secretary: Gail Garrett (714)593-7101
(714)968-4389 (Fax)
E-mail: nggMftjlocsd.Wm
HIDEP GENOAICOMMMESSMERING COMMMIMFWTGENDAWA AGENDA FORM.WC
Book Page 3
MINUTES OF STEERING COMMITTEE IN MEET
Orange County Sanitation District
Wednesday, February 28, 2007, at 5:00 p.m.
A meeting of the Steering Committee of the Orange County Sanitation District was
held on Wednesday, February 28, 2007 at 5:00 p.m., in the District's Administrative
Office.
(1) The roll was called and a quorum declared present, as follows:
STEERING COMMITTEE MEMBERS:
Directors Present: STAFF PRESENT:
Jim Ferryman, Chair Jim Ruth, General Manager
Doug Davert,Vice Chair Bob Ghlrelli,Assistant General Manager
Mark Waldman,Administration Committee Nick Arhontes, Director of Operations and
Chair Maintenance
Larry Crandall, Operations Committee Chair Jim Herberg, Director of Engineering
Steve Anderson Ed Torres, Director of Technical Services
Cathy Green Lorenzo Tyner, Director of Finance and
Phil Luebben Administrative Services
Michael Gold, Legislative Affairs Liaison
DIRECTORS ABSENT Tod Haynes, Engineering Manager
Layne Baroldi, Legal & Reg Affairs Liaison
OTHERS PRESENT: Juanita Skillman, Records Management
Bradley R. Hogin, General Counsel Specialist
Joe Forbath, Counsel Norbert Gaia, IT Analyst
Reed Royalty, OC Tax Association Gail Garrett, Committee Secretary
Jackie Nutting,Associated Builder's Contracts
Mike Holton, Helix Electric Inc.
Heather Dion, Townsend Public Affairs
Chris Townsend,Townsend Public Affairs
(2) APPOINTMENT OF CHAIR PRO TEM
No appointment was necessary.
(3) PUBLIC COMMENTS
Public comments were made by Jackie Nutting from Associated Builder's Contracts; Mike Holton of
Helix Electric; and Reed Royalty of the Orange County Tax Association with reference to the
proposed design/build legislation.
(4) REPORT OF THE COMMITTEE CHAIR
Chair Ferryman reported that he, General Manager Ruth and staff met with Congresswoman
Loretta Sanchez on February 20 to present a request for federal funds for the District's
secondary treatment upgrade. Congresswoman Sanchez agreed to take the lead in the House
on this request.
Book Page 4
Minutes of the Steering Committee
Page 2
February 28, 2007
Mr. Ferryman and staff will attend the CASA conference in Washington DC March 11-14 to meet
with Orange County delegates re federal funding requests. A report will be provided to the Board at
the next meeting.
Mr. Ferryman and staff will meet with SAWPA and County executive staff on March 8 to discuss the
development of a financial plan to fund the SARI line relocation.
Mr. Ruth advised that the Santa Ana Water Quality Control Board (SCCWQCB) Intends to issue a
cease and desist order against OCSD and SAW PA for failure to protect the SARI line.
Chair Ferryman announced the upcoming committee meetings for March.
(5) REPORT OF GENERAL MANAGER
Mr. Jim Ruth reported on the month's status and achievements:the upgraded Annual
Report; Succession Plan; Engineering's new Fast Track Team; ongoing labor
negotiations; the review schedule for the CIP budget. The IT assessment has been
completed and organizational options are being considered.
Jim Herberg gave an update on the 10-year Collection System Improvement Plan EIR,
which will be finalized in July 2007. He informed that LAFCO has hired a contractor to
prepare a Municipal Service Review for OCSD which should address local sewer
responsibilities in unincorporated areas of the County.
Bob Ghirelli provided an update on the progress of the SARI line technical meetings. He
informed that Herb Nakasone will retire in March—Ignacio Ochoa will be the new
engineer in charge for the County.
(6) REPORT OF GENERAL COUNSEL
General Counsel Brad Hogin provided an update on the Hawk Industrial Uniform matter.
He and staff have reviewed a letter from Kem County's General Counsel, objecting to the
Board's approval of the Addendum to Final Program EIR for the 1999 Strategic Plan, and
have concluded it does not raise any significant issues. He reported that staff recommends
moving forward with Board Item No. 8(c)on tonight's agenda.
(7) CONSENT CALENDAR ITEMS
a. MOVED, SECONDED AND DULY CARRIED: Approve minutes of the January 24,
2007 Steering Committee meeting.
b. MOVED, SECONDED AND DULY CARRIED: Receive and file transcript of
proceedings of the Hawk Industrial Uniform appeal hearing before the Steering
Committee held on January 24, 2007
END OF CONSENT CALENDAR
Book Page 5
Minutes of the Steering Committee
Page 3
February 28, 2007
8) ACTION ITEMS
Michael Gold provided an update on the Sanitation District's Design-Build bill SB 645
authored by Senator Lou Correa and Assembly Member Van Tran. He introduced Sanitation
District lobbyists Heather Dion and Chris Townsend who provided reports on Prop 84 and 1 E
bond measures. Townsend &Associates staff is working to expand the definition of eligible
recycled water projects to include sanitation districts—this could allow access to an additional
$90 million for beach areas. A written report will be provided next month. After brief
discussion by Committee members, it was:
a. MOVED, SECONDED AND DULY CARRIED: Recommend that Steering Committee (1)
reaffirm its sponsorship and support of design-build legislation; and (2)direct staff to
provide regular updates to the Steering Committee regarding Design Build legislation.
(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 the February 28, 2007
meeting were reviewed. Item 8(b)was pulled by staff.
(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
Nick Arhontes, Director of Operations and Maintenance, to provide a report on the Huntington Beach
Lift Station. He informed that, to date, the City of Huntington Beach staff and general counsel have
not signed and returned the MOU.
(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, March 28, 2007 at 5 p.m.
The next Board Meeting is scheduled for Wednesday, March 28, 2007 at 7 p.m.
Director Larry Crandall announced that, due to the July Fourth holiday, the Operations Committee will
meet on Thursday, July 12, 2007.
(14) CLOSED SESSION
The Committee convened at 6:05 p.m. in Closed Session, pursuant to Sections 54956.8,
54956.9, 54957, or 54957.6 to discuss two matters. Minutes of the Closed Session are on file
Book Page 6
Minutes of the Steering Committee
Page 4
February 28, 2007
with the Clerk of the Board. 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 Clerk of the Board 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 6:25 p.m.,the Committee reconvened in regular session.
(15) ADJOURNMENT
The Chair declared the meeting adjourned at 6:25 p.m.
Submitted by: f
wy Ill,
Gail Garrett
Steering Committee Secretary
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Book Page 7
STEERING COMMITTEE Meeuo9oare TO Bd.or Dir.
03/2a/20W
AGENDA REPORT Item Numbe Iem Number
9(a)
Orange County Sanitation District
FROM: James D. Ruth, General Manager
Originator: Michael Gold, Legislative Affairs Liaison
SUBJECT: Legislative, Policy and Political Update
GENERAL MANAGER'S RECOMMENDATION
Information Only
SUMMARY
This report is the monthly update from Washington, D.C. and Sacramento, highlighting
lobbyists' activities, OCSD legislative priorities, and other information of interest to the Steering
Committee.
PRIOR COMMITTEE/BOARD ACTIONS
None
ADDITIONAL INFORMATION
Design build legislation update
SB 645 (Correa and Trani is set for hearing in the Senate Local Government Committee on
April 18. As more details about the hearing become know, staff will inform members of the
Steering Committee.
Following last month's action by the Steering Committee to proceed with SB 645, the
Associated Builders and Contractors of Southern California have been meeting with members of
the Orange County Legislative Delegation to express their opposition to our bill. ABC will
continue to oppose the bill, although the organization has not been supportive of any design-
build efforts in California, regardless of labors involvement.
The American Federation of State, County and Municipal Employee unions has also come out
opposed to our bill because of the omission of the labor language that was part of SB 92 last
year. As Steering Committee members will recall, it was the insertion of this labor language
from AFSCME that caused Republicans to vote against the bill.
Neither of these should have a significant impact on the prospects for our bill.
Staff has been working with coalition partners seeking letters of support.
CASA Washington, D.C. Conference
From March 12-14, Chair Jim Ferryman, Bob Ghirelli and Michael Gold attended the CASA
Washington, D.C. conference to discuss federal issues and meet with members of our federal
delegation to discuss funding secondary treatment.
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Page 1
Book Page 8
Chair Ferryman and staff met with the offices of Senator Feinstein and Representatives Calvert
and Sanchez, along with Congressman Miller regarding our request for$6 million to assist with
completing the secondary treatment upgrades.
The meetings were very positive with all members expressing support for our project. While
federal funding is very tight this year with the war and other domestic priorities, our lobbyists are
optimistic about our chances this year to receive some funding.
Senator Feinstein is carrying our request In the Senate while Representatives Miller and
Sanchez are carrying the project in the House.
Other bills being tracked by staff are listed on the attached table.
Federal Legislative Report
Eric Sapirstein, ENS Resources
John Freshman,Troutman Sanders Public Affairs Group
For the first time in a few years, the House passed H.R. 720,the Water Quality Financing Act,
funding the State Revolving Loan Fund. The loan fund is a popular program (although OCSD
has never utilized it) that agencies can tap into for wastewater projects. The total program is
about $14 billion over the next 4 years with California expected to receive about$692 million.
One of CASA's federal priorities is to change the allocation funding (developed many years
back)to ensure that larger states like California, receive a larger proportional share of the
funding. CASA and others will be pursuing this change when the bill reaches the Senate.
The Water Resources Development Act (H.R. 1495), which authorizes funding for a whole
host of water-related projects emerged from full committee on March 15. The bill contains $14
billion and has not been passed since 2000. This bill is very important to OCSD because last
year it contained funding authorization language for the SARI line. This funding
authorization does not contain actual money for the relocation of the SARI, but it does set up a
process so the County and OCSD can be reimbursed for construction and relocation costs
down the road. Our lobbyists are working with Congressman Miller to ensure that the SARI
authorization is in the new bill.
WRDA was set to pass at the end of the last Congress but was held up after the change in
leadership.
State Legislative Report
Heather Dion, Sean Fitzgerald and Chris Townsend, Townsend Public Affairs
Political Highlights
With February 23 marking the deadline for new legislation to be introduced, the last several
weeks have produced a steady stream of bills totaling approximately 2700 new bill
introductions. Legislation that was Introduced in January and early February is being assigned
to policy committee hearings, which begin the first week of March. Most legislation that was
introduced just prior to the bill deadline has not been assigned policy committee hearings yet.
In addition to the regulatory and policy issues that will be discussed this session, a multitude of
bond implementation bills will be introduced to allocate funding through existing programs.
There are also a number of policy Issues that either failed or required additional work that are
being reintroduced this year and are of concern to OCSD, Including the statewide land use
application for biosolids and the District's own design-build sponsored legislation.
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Page 2
Book Page 9
Besides the p0iicy and regulatory issues that are significantly important, Senate Natural
ResOurces Chair Darrell Steinberg had scheduled hearings for the week of February 18 to
discuss the implementation of flood control funds included in both Propositions I and 84. The
focus of the hearings has been introductory and focused primarily on the Legislative Analyst
Office report on the implementation of the Prop 84 bond funds. The County of Orange
estimates approximately$125 million in backlogged State Subvention funds, and there is a total
of$690 between Propositions 1E and 84.
SAW PA held a Sacramento Day on February 26, which included a number of presentations
from Assembly and Senate members who have water policy issues before the legislature this
session. Included were in the briefings were:
• Assemblyman Villines,who offered the Assembly Republican Caucus perspective;
• Senator Machado discussed his SB 5 dealing with flood protection and liability issues;
• John Moffatt,who serves as the Deputy Legislative Secretary for the Governor;
• Assemblyman Devore, who discussed AS 19 and his Intention for the legislation;
• Senator Steinberg, who is the new Chair of the Senate Natural Resources committee;
• Senator Cogdill, who discussed SB 59 and the factors impacting a 2008 Water Bond;
• Alan Gordon, who serves as principal consultant to Senator Simitian, discussed an
isolated facility to transport water east of the delta; and,
• Senator Simitian, who discussed SB 27.
Many of the SAWPA participants reinforced the high importance of relocating the SARI line
and the critical impact the line holds for not only Orange County but also the Inland Empire.
Priority Legislation
SB 55 (Florez)would hold biosolids producers, such as OCSD, liable in perpetuity for any risks
associated with the biosolids or the groundwater where it is disposed. Senator Florez
introduced SB 55 and another piece of legislation dealing with recycled water and its use to
irrigate crops in the wake of the E-coli outbreak in the central valley last summer. The
legislation has not been assigned a hearing date yet. OCSD opposed SB 5
AS 1207 (Smyth)would create statewide regulations and policy for the land application of
biosolids. This would include establishing criteria addressing land use, public health, protection
of groundwater, resource management, conservation and agriculture. Any local government
entity that attempted to pass a local measure that conflicts with or would further regulate the
mandates set forth in the legislation. The Los Angeles Department of Water and Power is
sponsoring the legislation in response to the Kern County initiative that banned land use
application of biosolids in the County. Without the ability to transport and dispose of biosolids in
counties such as Kern and others in the Central Valley, OCSD is forced to transport biosolids
out of state and drastically raising the cost. The bill has not been given a hearing date. OCSD
supports AS 1207
State Legislative Report, continued
Scott Baugh and Holly Fraumeni, Platinum Advisors—no report submitted
Attachments: OCSD Legislative Bill Tracking
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Book Page 10
SC 032807 Item 9(a)
Attachment 1
OCSD Bill Tracking — Updated March 2007
(priority bills in bold)
Bill No. Summary Position
AB 642 Design-build authority for cities, counties and special districts Support
olk
AB 800 Requires that when sewage, hazardous waste or other substance is discharged into state CASA: opposed
(Lieu) waters notify within 2 hours. (current law does not specify when the state and others should be unless amended
notified).
AS 1150 Redefines Transformation as the incineration or processing of solid waste through a non- Watch
Lieu combustion, thermal, chemical or biological process
AB 1207 City of Los Angeles biosolids bill. Sets statewide standards for the land application of Support
m (Smyth) biosolids and preempts local governments from banning biosolids when such standards
g are met.
AB 1260 Intended fix Bighorn decision regarding definition of fee and tax Watch
� (Caballero)
SB 55 Requires a producer of biosolids to indemnify the receiving party for any contamination Oppose
Florez or other damages (in perpetuity) and certify the safety of the sludge.
SB 645 OCSD's design-build authorization Sponsor/Support
Correa
SB 966 Would require pharmacies to have a system in place by 2008 to take back unused Support
Simltian prescription drugs and makes It a misdemeanor to not have a program available.
SB 1001 Changes the membership of the Regional Water Quality Control boards from 9 members to 5; CASA: Oppose
(Perata) requiring that each of them have degrees or prescribed experience in biology, public sector
finance, urban planning, public health and environmental justice. They must also have a
demonstrated interest and proven ability in the field of water pollution control and water
pollution problems.
STEERING COMMITTEE MeedngDate To ad.ofoir.
3WO7
AGENDA REPORT emNumber IemNumber
8(b)
Orange County Sanitation District
FROM: James D. Ruth, General Manager
Originator. Gail Garrett, Committee Secretary
SUBJECT: April 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 March.
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 March:
1. OPERATIONS COMMITTEE
a. Ratify Change Order No. 5 re Job No. 1-2-4, Bushard Trunk Sewer Rehabilitation
b. Ratify Change Order No. 3 re Job No. P1-82,Activated Sludge Plant
Rehabilitation
c. Ratify Change Order No. 1 re Job No. P2-74, Rehabilitation of the Activated
Sludge Plant at Plant No. 2
d. Approve Amendment No. 1 to PSA re Contract No. 5-58, Newport Trunk Sewer
and Force Mains
e. Approve Amendment No. 2 to PSA re Job No. 1-2-4, Bushard Trunk Sewer
Rehabilitation
I. Approve Amendment No. 1 to PSA re Contract No. 7-32-1, Gisler-Redhill Trunk
Sewer Relocation - Phase 1
g. Approve Amendment No. 2 to PSA re Job No. P1-106,Truck Wash and
Dewatering Beds at Plant No. 1
h. Approve Plans & Specs and Award Construction Contract re Job No. P1-106,
Truck Wash and Dewatering Beds at Plant No. 1
1. Establish Change Order Contingencies re Contingency for CIP Projects per
Delegation of Authority
j. Report on FY 2007-08 CIP Budget
k. Approve Second Year of Three-Year Sponsorship re 2007-08 Sponsorship of the
Center for Demographic Research
2. ADMINISTRATION COMMITTEE
a. Report on Employee Benefits Renewals
b. Report on Budget Development
c. Consider First Reading of Rate Increase
Book Page 12
PROJECT/CONTRACT COST SUMMARY
N/A
ADDITIONAL INFORMATION
NIA
ATTACHMENTS
NIA
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Book Page 13
STEERING COMMITTEE Maeang Date I To ad.of Dir.
�zaro�
AGENDA REPORT Um Number Item Number
xo)
Orange County Sanitation District
FROM: James D. Ruth, 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 March 28, 2007 meeting.
SUMMARY
Staff routinely prepares for the Steering Committee lists of items scheduled for
presentation to the Working Committees and the Board at their monthly meetings. This
allows the Steering Committee the opportunity to review these items and make
reassignments in the review or approval process.
The following items are scheduled to be considered by the Board at the March 28, 2007
meeting:
CONSENT CALENDAR
8. Consideration of motion to approve all agenda items appearing on the Consent
Calendar not specifically removed from same, as follows:
a. Order the minutes for the regular meeting held on February 28, 2007, to
be filed and deemed approved, as mailed.
b. (1)Authorize staff to annex 152.30 acres to Orange County Sanitation
District(OCSD) in the vicinity of Newport Boulevard, Rangeview Drive and
Cowan Heights Drive, in an unincorporated area of Orange County;
(2) Adopt Resolution No. OCSD 07-05, authorizing initiation of
proceedings to annex said territory to OCSD (Proposed Annexation No.
OCSD-61 — Cowan Heights Annexation); and,
(3) Defer collection of associated fees for proposed Annexation No.
OCSD-61 — Cowan Heights Annexation until a sewer connection is
permitted.
C. Authorize the General Manager to negotiate and enter into a settlement
agreement with Firmenich, dba MCP Foods Inc. (MCP), which would
impose a maximum of$95,000 in administrative penalties against MCP
and a compliance schedule requiring MCP to make improvements and
additions to the facility to ensure long-term compliance.
Book Page 14
END OF CONSENT CALENDAR
d. Consideration of items deleted from Consent Calendar, if any.
COMMITTEE REPORTS AND RECOMMENDED ACTIONS
9. STEERING COMMITTEE
Consent Calendar
a. Order draft Steering Committee Minutes for the meeting held on February
28, 2007, to be filed.
Non-Consent Calendar
b. Consideration of items deleted from Consent Calendar, if any.
10. OPERATIONS COMMITTEE
(Engineering. Operations & Maintenance. and Technical Services)
Consent Calendar
a. Order draft Operations Committee Minutes for the regular meeting held on
March 7, 2007, to be filed.
b. Ratify Change Order No. 23 to Bushard Trunk Sewer Rehabilitation, Job
No. 1-2-4, with Steve P. Rados, Inc., authorizing an addition of$48,198,
increasing the total contract amount to $31,164,224.
C. Ratify Change Order No. 4 to Ellis and Bushard Intersection, Contract No.
1-2-4A, with Mike Bubalo Construction, Inc., authorizing an addition of
$194,229.34, increasing the total contract amount to $11,123,055.70.
d. Ratify Change Order No. 8 to Trickling Filter Rehabilitation and New
Clarifiers, Job No. P1-76, with J.R. Filanc Construction Company Inc.,
authorizing an addition of$232,036, increasing the total contract amount
to $35,223,546.
e. Ratify Change Order No. 2 for Activated Sludge Plant Rehabilitation at
Plant No. 1, Job No. P1-82, with J.R. Filanc Construction Company Inc.,
authorizing an addition of$36,543, increasing the total contract amount to
$32,378,621.
f. Ratify Change Order No. 4 to Headworks Replacements at Plant No. 2,
Job No. P2-66, with J.F. Shea Construction, Inc., authorizing an addition
of$332,489, increasing the total contract amount to $193,474,189.
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Book Page 15
9• (1) Approve Amendment No. 5 to the Professional Services Agreement
with RBF Consulting, Inc. providing for additional design engineering
services for Carbon Canyon Sewer and Pump Station Abandonment,
Contract No. 2.24-1, for an additional amount of$40,771, increasing the
total amount not to exceed $622,557;
(2) Approve a 4% Contingency($25,000); and,
(3) Authorize staff to commence negotiations with RBF Consulting for
support services during the construction, commissioning, and close out
phase of Contract No. 2-24-1.
h. (1) Approve Amendment No. 7 to Professional Services Agreement with
Lee & Ro, Inc., providing for additional design engineering services for
Replacement of the Bitter Point Pump Station, Contract No. 5-49;
Replacement of the Rocky Point Pump Station, Contract No. 5-50;
Rehabilitation of the 14' Street Pump Station, Contract No. 5-51; and
Rehabilitation of the "A" Street Pump Station, Contract No. 5-52,for an
additional amount of$69,000, increasing the total amount not to exceed
$4,878,382; and,
(2)Approve a 1% contingency ($48,784).
I. Authorize staff to commence negotiations with Earth Tech for support
services during the construction, commissioning, and closeout phases of
Truck Wash and Dewatering Beds at Plant No. 1, Job No. P1-106.
j. Authorize staff to commence negotiations with Malcolm Pimie for support
services during the construction, commissioning, and closeout phases of
Primary Treatment Rehabilitation Refurbishment, Job No. P2-80.
k. Authorize staff to commence negotiations with Brown and Caldwell for
support services during the construction, commissioning, and closeout
phases of Plant No. 2 Primary Sludge Feed System, Job No. P2-91.
I. Authorize staff to commence negotiations with Dudek and Associates, Inc.
for support services during the construction, commissioning, and closeout
phases of Rehabilitation of District Siphons, Contract No. 2-68.
M. Authorize staff to commence negotiations with PBS&J Inc. for support
services during the construction, commissioning, and closeout phases of
Rehabilitation of Westside Pump Station, Contract No. 3-52.
n. Authorize staff to commence negotiations with Spec Services, Inc. for
support services during the construction, commissioning, and closeout
phases of Gisler-Redhill Trunk Sewer Relocation, Phase 1 Construction,
Contract No. 7-32-1.
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Book Page 16
for SUPPOrt
g. Authorize staff to commence negotiations with RBF Consulting
loud g phases of
services during the construction, commissioning and,
Rehabilitation of College Avenue Pump Station, Contract No. 7-47.
Non-Consent Calendar
P. Consideration of items deleted from E & O Consent Calendar, if any.
11. ADMINISTRATION COMMITTEE
(Finance Human Resources and Information Technology)
Consent Calendar
a. Order draft Administration Committee Minutes forthe regular meeting held
on March 14, 2007, to be filed.
b. (1)Approve the amended Joint Powers Agreement of the CSAC
(California State Association of Counties) Excess Insurance Authority
which supersedes the California Public Entities Insurance Authority
(CPEIA) that provides the District's excess workers' compensation
insurance coverage, in a form approved by General Counsel; and,
(2)Approve the CSAC Excess Insurance Authority's amended
Memorandum of Understanding for the Excess Workers' Compensation
Program to incorporate non-county public entity membership in the
program, in a form approved by General Counsel.
Non-Consent Calendar
C. Consideration of items deleted from F& A Consent Calendar, if any.
12. GWR SYSTEM STEERING COMMITTEE (GWRSSC)
GWRSSC Consent Calendar
a. Order Joint Groundwater Replenishment System Steering Committee
Minutes for the meetings held on February 26, 2007, and March 12, 2007,
to be filed.
GWRSSC Non-Consent Calendar
b. Consideration of items deleted from GWRSSC Consent Calendar, if any.
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Book Page 17
NON-CONSENT CALENDAR
13. (a)Approve Plans and Specifications for Temporary Sludge Truck and Vector
Truck Dump, Job No. FE06-02, on file at the office of the Clerk of the Board;
(b) Receive and file bid tabulation;
(c)Award a construction contract to Den Boer Engineering & Construction, Inc.
for Temporary Sludge Truck and Vector Truck Dump, Job No. FE06-02, for an
amount not to exceed $249,700; and,
(d)Approve a 5% contingency ($12,500).
14. (a)Approve plans and specifications for Gisler-Redhill Trunk Sewer Relocation,
Phase 1, Contract No. 7-32-1, on file at the office of the Clerk of the Board;
(b)Approve Addendum No. 1 to the plans and specifications;
(c) Receive and file bid tabulation and recommendation;
(d) Award a construction contract to Ken Thompson, Inc. for the Gisler-Redhill
Trunk Sewer Relocation, Phase 1, Contract No. 7-32-1, for a total amount not to
exceed $688,670; and
(a) Approve a 7.75% contingency ($53,372).
15. Recess by Board of Directors, Orange County Sanitation District
16. Call to Order, Board of Directors, Orange County Sanitation District Financing
Corporation:
a. Roll Call
b. If no corrections or amendments are made, the Minutes for the meeting
held on February 22, 2006, will be deemed approved and be so ordered
by the Chair.
C. Report of the Director of Finance
17. Adjourn, Board of Directors, Orange County Sanitation District Financing
Corporation.
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Book Page 18
18. Reconvene, Board of Directors, Orange County Sanitation District
19. Closed Session
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
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Book Page 19
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