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HomeMy WebLinkAbout2007-09 MINUTES OF STEERING COMMITTEE MEETING Orange County Sanitation District Wednesday, September 26, 2007, at 5:30 p.m. A meeting of the Steering Committee of the Orange County Sanitation District was held on Wednesday, September 26, 2007 at 5:30 p.m., in the District's Administrative Office. (1) A quorum was declared present, as follows: STEERING COMMITTEE MEMBERS: DIRECTORS ABSENT Directors Present: Jim Ferryman, Chair STAFF PRESENT: Doug Davert, Vice Chair Bob Ghirelli, 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 Lorenzo Tyner, Director of Finance and Cathy Green Administrative Services Phil Luebben Michael Gold, Legislative Affairs Liaison Penny Kyle, Clerk of the Board OTHERS PRESENT: Bradley R. Hogin, General Counsel (2) APPOINTMENT OF CHAIR PRO TEM FI.DIiAN(� OFFICE OF E COUP IN SF RATION DISTRICT L THE BOARD No appointment was necessary. OCTT 2 41007 (3) PUBLIC COMMENTS BY; There were no public comments. (4) REPORT OF THE COMMITTEE CHAIR Chair Jim Ferryman reported the workshop held on September 19 was successful, and encouraged the Directors to attend the final workshop on October 11. A. Directors' Compensation Chair Ferryman advised that staff completed a survey of comparable agencies to consider possibly increasing Directors' compensation. After a brief discussion, the Steering Committee directed staff to submit an ordinance to be considered by the Board of Directors in October. 'Minutes of the Steering Committee September 26, 2007 Page 2 (5) REPORT OF GENERAL MANAGER Bob Ghirelli, Assistant General Manager, did not give a report. (6) REPORT OF GENERAL COUNSEL General Counsel, Brad Hogin, did not give a report. (7) ACTION ITEMS a. MOVED, SECONDED AND DULY CARRIED: Approve minutes of the August 22, 2007 Steering Committee meeting. (8) INFORMATIONAL ITEMS a. Legislative Affairs Report: Federal Lobbyists Eric Sapirstein and John Freshmen reported via telephone conference call that the Water Resources Development Act (WRDA) passed the Senate by an overwhelming margin. WRDA is significant to the District because it contains language dealing with funding the SARI relocation. The lobbyists also reported that they felt another Washington trip might be needed in November or December to continue advocating for SARI funding and additional dollars for the secondary treatment upgrades. Michael Gold reported that SB 645(Correa and Tran)had passed both houses in California and are awaiting the Govemor's signature. With the enactment of SB 645 and design-build authority, board oversight would transfer to the Operations Committee as projects are sent out to bid. b. The agenda items scheduled to be presented to the Board at the September 26, 2007 meeting were reviewed. C. The agenda Items scheduled to be presented at the Operations Committee meeting on October 3,2007, and the Administration Committee meeting on October 10, 2007, were reviewed. (9) CLOSED SESSION The Steering Committee convened at 5:57 p.m. in Closed Session, pursuant to Government Code Section 54956.9(c)to discuss one matter. 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. At 6:02 p.m., the Committee reconvened in regular session. 'Minutes of the Steering Committee September 26, 2007 Page 3 (10) OTHER BUSINESS, COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY There were none. (11) MATTERS WHICH A DIRECTOR MAY WISH TO PLACE ON A FUTURE AGENDA FOR ACTION AND/OR STAFF REPORT There were none. (12) CONSIDERATION OF UPCOMING MEETING The next Steering Committee meeting is scheduled for Wednesday, October 24, 2007 at 5:30 p.m. (13) ADJOURNMENT The Chair declared the meeting adjourned at 6:03 p.m. Submitted by: Pe I M. 1e A - Clerk of the Board HVepiwom steering C=mA1ee12WT1WN1em)(a)W2602 Sherinp Mnules Occ 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 to be held on September 26, 2007, was duly posted for public inspection in the main lobby of the District's offices on September 20, 2007. IN WITNESS WHEREOF, I have hereunto set my hand this 20r' day of September 2007. P Kyld nny K�' Clerk of the Board Orange County Sanitation District H:IDEP GENDAIPOSTMGICOMMITTEE POSTING CERTIFICATION FORM.DOC ORANGE COUNTY SANITATION DISTRICT September 19, 2007 O141 Efi_241 r.. l,111ur'a.a+ :vwa.vved.evm er V6me1f : F:uma:. aX.el 21 el v evzd aa.x rxw: wnm«a,van:.yca a2706 nitfi NOTICE OF MEETING yee.ee STEERING COMMITTEE era.. '.R" 6:en. ORANGE COUNTY SANITATION DISTRICT e:an�n va:a fhnrnns IOun41N1 VnliNy Gan:n`, WEDNESDAY, SEPTEMBER 26, 2007 - 5:30 P.M. mnwifivai gee Irn::a r•'nn'"a DISTRICT'S ADMINISTRATIVE OFFICES Li PnIO:a tns axulw.0 10844 ELLIS AVENUE FOUNTAIN VALLEY, CALIFORNIA 92708 un:y, Fa:rmia W W W.00SD.COM save M.: s.ai bens: 6rdMl1R aue va t Haan r,mw A regular meeting of the Steering Committee of the Orange i�aay nr or..ee County Sanitation District will be held at the above location, date and time. il[en' eIaCNCt6 f'uii. A1xvn fr1:J.wY :5'e Water elvtdtt=_ .rvnn• 6a��.:' To mei Mm.01011 se leetlersh:p m was[ewa[er end weer resource management. x y •Nl tq O Na 8 •s C..» p x F�q CpE MY e° STEERING COMMITTEE AND BOARD MEETING DATES October 24, 2007 November 28, 2007 "December 19, 2007 January 23, 2008 February 27, 2008 March 26, 2008 April 23, 2008 May 28, 2008 June 25, 2008 July 23, 2008 August 27, 2008 September 17, 2008 -Meetings being held the third Wednesday of the month. STEERING COMMITTEE (1) Roll Call: Meeting Date: September 26, 2007 Meeting Time: 5:30 p.m. Committee Members Jim Ferryman, Board Chair................................................. ........... Doug Davert, Vice Chair..................................................... ........... Mark Waldman,Administration Committee Chair................ ........... Larry Crandall, Operations Committee Chair....................... ........... PhilLuebben....................................................................... ..........._ Cathy Green. ...................................................................... ........... _ SteveAnderson.................................................................. ........... Others Brad Hogin, General Counsel............................................. ..........._ 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.................................... Penny Kyle, Clerk of the Board........................................... ._ Other Staff Present AGENDA REGULAR MEETING OF THE STEERING COMMITTEE ORANGE COUNTY SANITATION DISTRICT WEDNESDAY, SEPTEMBER 26, 2007 AT 5:30 P.M. ADMINISTRATIVE OFFICE 10844 Ellis Avenue Fountain Valley, California 1. Declaration of Quorum 2. Appointment of Chair Pro Tem, if necessary 3. Public Comments 4. Report of Committee Chair A. Directors' Compensation 1. Direct staff to proceed with recommendations of the Steerinc Committee in connection with Directors Compensation. (Book Page 4) 5. Report of General Manager 6. Report of General Counsel 7. Action Items A. Approve minutes of the August 22, 2007 Steering Committee meeting. (Book Page 6) 8. Information Items A. Legislative Affairs Report—Gold (Book Page 9) B. Review and consideration of Agenda Items for Board of Directors Meeting of September 26, 2007. (Book Page 13) j C. Review and consideration of Agenda Items for Operations Committee Meeting on October 3, 2007, and for Administration Committee Meeting on October 10, 2007. (Book Page 17) Book Page I September 26, 2007 9. 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 vnll reflect all required disclosures of information. A. Convene in closed session, if necessary 1. CONFERENCE WITH LEGAL COUNSEL RE: INITIATION OF LITIGATION re Level 3 Communication, LLC(Government Code Section 5491 Number of Potential Cases: 1 B. Reconvene in regular session C. Consideration of action, if any, on matters considered in closed session. 10. Other business and communications or supplemental agenda items, if any 11. Matters which a Director may wish to place on a future agenda for action and staff report. 12. Future Meeting Date: The next Steering Committee Meeting is scheduled for October 24, 2007, at 5:30 p.m. _ 13. Adjournment Book Page 2 September 26, 2007 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 hem 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 Adiournment: 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. Requests must 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 Clerk of the Board 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 General Counsel: Brad Hogin (714)415-1006 Clerk of the Board: Penny Kyle (714)593-7130 E-mail. pkvle@ sd.com Book Page 3 STEERING COMMITTEE Me Inn Date To ad.of Dir. 0912610, AGENDA REPORT ttem(al(llN "� 1einNinnhef 9 Orange County Sanitation District FROM: James D. Ruth, General Manager Originator: Penny Kyle, Clerk of the Board SUBJECT: DIRECTORS' COMPENSATION GENERAL MANAGER'S RECOMMENDATION Direct staff to proceed with recommendations of the Steering Committee in connection with Directors Compensation. SUMMARY A survey was completed at the direction of Chair Ferryman for Directors' compensation of local special districts similar to Orange County Sanitation District. The last survey completed was in 2004, and the last increase in Directors' compensation took place in March 2001, increasing the stipend per meeting from $100 to $170, and increased the maximum number of meetings compensated per month from three to six (Board Chair's increased from six to ten meetings per month). The results of the survey indicate a wide spread of stipends, and staff noted that several of the districts were also undertaking a similar survey for comparison purposes. The compensation amounts for meetings range from a high of$221 per meeting to a low of $100 per meeting. If the Board desires to increase the compensation, it must be accomplished through two readings for adoption of an ordinance. Current legislation allows the stipend to be increased by an amount not to exceed 5% of the present compensation for each calendar year following the operative date of the last increase. The current rate of$170 per meeting or day of service became operative in April of 2001. Thus, any increase adopted before the end of the year cannot exceed 5% x 5 years, or $212.50 per meeting or day of service. If the second reading and adoption of the ordinance takes place in January 2008 or thereafter, then the Board could increase the rate by an additional 5%, with a maximum of$221. PRIOR COMMITTEE ACTION The Board of Directors adopted Resolution No. OCSD 04-16 on May 26, 2004, and Ordinance No. OCSD-23 on June 23, 2004, which established a policy for Directors' compensation related to meeting attendance, and the reimbursement of business and travel expenses incurred by Board Members. Book Page 4 ADDITIONAL INFORMATION Compensation Amount& Orcianization Maximum Number of Meetings Milea e $221/meeting, maximum 2 per month Central Contra Costa Chair maximum 6 per month No Costa Mesa Sanitary District $221/meetin , maximum 6 per month No East Bay Municipal Water District $1,025/month, no maximum Yes El Toro Water District $189/meetin , maximum 10 per month No Irvine Ranch Water District $215/meetin , maximum 10 per month Yes Los Angeles County San Dist $125/meetin , no maximum Yes Mesa Consolidated Water District $189/meetin , maximum 10 per month No Midway City Sanitary District $198/meetin , maximum 6 per month No Municipal Water District of Orange County $201.02/meetin , maximum 10 per month Yes Orange County Fire Authority $100/meetin , maximum 3 per month No Orange County Transportation Authority $1DO/meetin , maximum 5 permonth Yes Orange County Vector Control $100/meetin , no maximum No Orange County Water District $200.57/meetin , maximum 10 per month Yes $55/meeting, maximum 5 per month Chair= $110/meeting, maximum 10 per Sunset Beach Sanitary District month Yes Yorba Linda Water District $150/meetin , maximum 10 per month No Book Page 5 MINUTES OF STEERING COMMITTEE MEETING Orange County Sanitation District Wednesday, August 22, 2007, at 5:30 p.m. A meeting of the Steering Committee of the Orange County Sanitation District was held on Wednesday,August 22, 2007 at 5:30 p.m., in the District's Administrative Office. (1) A quorum was declared present, as follows: STEERING COMMITTEE MEMBERS: DIRECTORS ABSENT Directors Present: Jim Ferryman, Chair STAFF PRESENT: Doug Davert, Vice Chair Jim Ruth, General Manager Mark Waldman,Administration Committee Bob Ghirelli,Assistant General Manager Chair Nick Arhontes, Director of Operations and Larry Crandall, Operations Committee Chair Maintenance Steve Anderson Lorenzo Tyner, Director of Finance and Cathy Green Administrative Services Phil Luebben Michael Gold, Legislative Affairs Liaison Jeff Reed, Human Resources Manager OTHERS PRESENT: Penny Kyle, Clerk of the Board Bradley R. Hogin, General Counsel Heather Dion Ryal Wheeler Juanita Skillman (2) APPOINTMENT OF CHAIR PRO TEM No appointment was necessary. (3) PUBLIC COMMENTS There were no public comments. (4) REPORT OF THE COMMITTEE CHAIR Chair Jim Ferryman reported he requested Directors compensation be listed on the agenda for discussion, noting that it had been a few years since the issue was considered. He requested staff to conduct a survey of local agencies and submit an agenda report for discussion at the September meeting. Director Ferryman noted that Celeste Cantu, SAWPA General Manager, would be providing a Book Page 6 Minutes of the Steering Committee July 18, 2007 Page 2 watershed presentation at the Board of Directors meeting that evening; and Directors Crandall and Green attended the CASA conference in San Diego and received the CASA 2007 Public Education and Outreach Award on behalf of the District for the Residential Fog Can Campaign. (5) REPORT OF GENERAL MANAGER Mr. Ruth reported briefly on the Workers Compensation Plan; Succession Plan, NWRI Panel Review; Safety study, and the success of the Contractors Open House. (6) REPORT OF GENERAL COUNSEL General Counsel, Brad Hogin, reported that the U.S. District Court granted summary judgment in favor of OCSD and other plaintiffs on two claims in City of Los Angeles v. Kern County. The case involved a challenge to Kern County's Measure E. Adopted by the voters in 2006, Measure E banned the land application of biosolids in the unincorporated areas of Kern County. The Court ruled that Measure E violated the Commerce Clause of the U.S. Constitution. The Court also ruled that Measure E was preempted by the California Integrated Waste Management Act. The Court will presumably permanently enjoin the implementation of Measure E, allowing the Sanitation District to continue using Tule Ranch for biosolids application. This will save the Sanitation District as much as $1 million per year. Kern County will probably appeal the ruling. Legal costs for the defense amounted to about$75,000,which was$25,000 below estimated legal costs. (7) ACTION ITEMS a. MOVED, SECONDED AND DULY CARRIED: Approve minutes of the July 18, 2007 Steering Committee meeting. (8) INFORMATIONAL ITEMS a. Legislative Affairs Report: Christopher Townsend and Heather Dion from Townsend Public Affairs provided an update on State Legislative items including the recently passed State Budget and the status of the Water Bond implementation Legislation. Michael Gold provided an update on Federal legislative matters and the District's design-build legislation, SB 645. b. The agenda items scheduled to be presented to the Board at the August 22, 2007 meeting were reviewed. C. The agenda 'gems scheduled to be presented at the Operations Committee meeting on August 29, 2007, and the Administration Committee meeting on September 12, 2007,were reviewed. Book Page 7 Minutes of the Steering Committee July 18, 2007 Page 3 (9) CLOSED SESSION The Steering Committee convened at 6:09 p.m. in Closed Session, pursuant to Government Code Section 54957(b)(1)and 54957.6 to discuss two matters. Agenda Item No. 9(a)(3)was not discussed. 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. At 6:25 p.m., the Committee reconvened in regular session. (10) OTHER BUSINESS, COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY There were none. (11) MATTERS WHICH A DIRECTOR MAY WISH TO PLACE ON A FUTURE AGENDA FOR ACTION AND/OR STAFF REPORT There were none. (12) CONSIDERATION OF UPCOMING MEETING The next Steering Committee meeting is scheduled for Wednesday, September 26, 2007 at 5:30 p.m. (13) ADJOURNMENT The Chair declared the meeting adjourned at 6:25 p.m. Submitted by: 9�bx—o-A Penny M. K Clerk of the Board MlpglpnEa0 CmxMeNMJ Mem](e)M2207&ft"Mn &e Book Page 8 STEERING COMMITTEE MeeaR9 Dale To ed.or Dr. os/zWzoo� AGENDA REPORT 1Oe NY be 1e Na be Ba Orange County Sanitation District FROM: James D. Ruth, General Manager Originator: Michael Gold, Government Affairs 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 With the California State Legislature adjourned for the year, the fate of the bills moving through the process has been determined: either bills passed, died or will come back in 2008 for the second year. The following is a summary of priority legislation tracked by staff(a table is attached as well): SB 645 (Correa and Tran)—On the Governor's Desk I am very pleased to report that the District's design-build legislation, SB 645, has cleared both the Assembly and Senate by wide, bi-partisan margins (despite opposition by the Associated Builders and Contractors (ABC)) and now awaits the Governor's signature. The votes were 58-5 in the Assembly and 30-3 in the Senate. The Orange County Legislators voted as follows: Yes Ackerman, Correa and Harman (Senate) Silva, Solodo, Spitzer and Tran (Assembly) No None Not Voting/Abstain None(Senate) DeVore, Duvall and Waiters(Assembly) AB 1489(Huffman)—Wastewater to be eligible under Proposition 84 One of the District's highest priorities this year is to pursue grant funds from the bond measures passed last November. OCSD staff and lobbyists, working with CASA and others did get language inserted into AB 1489 allowing this change for the Integrated Regional Water Form No, N R,SC RenrE 01r 7 Page 1 Book Page 9 Management Plans(IRWMP); however, this bill was held in the Appropriations committee and will return in 2008 as a two-year bill. According to Townsend, the language we inserted dealing with wastewater remains in the bill. Special Session for Health Care and Water As has been widely reported, the Governor has called a special session of the Legislature to deal with his top priorities, health care and water, because these issues remain unresolved. The report from Townsend highlights the details of the Governor's revised proposal for water supply. Request for Proposals for Lobbyist Services As directed by the Steering Committee, staff sent out an RFP for both state and federal lobbyists services to a number of firms. Proposals are due on September 25 and staff anticipates bringing a recommendation to the Steering Committee next month. The full board will consider the Steering Committee's recommendation the following month. Federal Legislative Report Eric Sapirstein, ENS Resources John Freshman,Troutman Sanders Public Affairs Group Political Climate Although the Congress returned from the August recess, they quickly adjourned for a funeral for a fellow member and the Jewish holidays. During their short working session, Congress worked on patent reform in the House and three appropriations bills in the Senate(none of which impacted our funding requests). Most of the attention in Washington continues to be the Iraq War, particularly the testimony of General Petraeus and Ambassador Crocker. Funding of the war will now take center stage as the Senate resumes debate on the defense authorization bill. As a result, it is unlikely that Congress will adjourn before mid-November and they easily may go until Christmas to finish their work(including the budget). Issues Affecting OCSD As mentioned the Interior, Environment and Related Agencies bill containing funding for water and wastewater projects has not been passed in the Senate and will probably not be done until late September or early October. In particular, the Energy and Water Appropriations, which affects the SARI, is in the same situation although it is viewed as non-controversial and should be completed shortly as a free-standing bill (not as part of an omnibus bill). The Water Resources Development Act(WRDA) should also be completed shortly. State Legislative Report Heather Dion, Sean Fitzgerald and Chris Townsend, Townsend Public Affairs Political Highlights The budget was finally adopted by the Senate upon their return from summer recess and signed by the Governor on August 24. This budget sat idle in the Senate for 32 days and was finally approved after Senators Ackerman and Maldonado cast the deciding Republican votes. This budget includes a $700 million general fund deficit that the Governor pledged to"pencil out"with his line item veto. While the budget creates a $4.1 billion reserve and fully funds education and public safety, the Governor will have to cut health and human services, the general fund and Department of Corrections. This is the most Governor Schwarzenegger has vetoed in any budget. Form No,Dw 1 1 agenm aepvi-sc PwiuE O1WYD] Page 2 Book Page 10 The Governor revised his earlier water bond proposal to provide less money for surface storage and more money for local water reliability. His current proposal totals $8.35 billion and contains the following major elements: • $2.4 billion for Delta Sustainability $2 billion for Regional Water Supply Reliability o Santa Ana Region: $185 million o San Diego/South Orange County: $157 million • $2.5 billion for Surface Storage $400 million for groundwater management and cleanup $1.85 billion for Delta Eco-System Restoration It is likely that SIB 378 will be used to carry the Governor's proposal, but in order to qualify for the February 2008 ballot, it should have passed both houses by September 27, 2007 (131 days prior to the election). However, this deadline for legislative measures is regularly missed and the legislature could pass something as late as November 7. State Legislative Report Scott Baugh and Holly Fraumeni, Platinum Advisors No report submitted FCM No.o 1oa1 /pew aepm-sc Page 3 Book Page I I OCSD Bill Tracking—Updated September 2007 (priority bills in bold) Bill No. Summary Position (1N Final Action AB 800 Specifies and clarifies notification requirements after a No Position/ (Lieu) sewage spill. Mostly reiterates current regulations. OCSD To Governor was reviousl o sad but worked to amend the bill. AB 1150 Redefines Transformation as the incineration or processing Watch/ (Lieu) of solid waste through a non-combustion, thermal, Two-year bill chemical or biolo ical process AB 1207 City of Los Angeles biosolids bill. Sets statewide Two-year bill (Smyth) standards for the land application of biosolids and preempts local governments from banning biosolids when such standards are met. AB 1260 Intended fix Bighorn decision regarding definition of fee Watch/ Caballero and tax To Governor SB 55 Requires a producer of biosolids to indemnify the receiving Oppose (Florez) party for any contamination or other damages (in Held on Suspense perpetuity) and certify the safety of the sludge. Amended. OCSD weighed-in heavily on this bill to oppose. SB 343 Makes changes to the Brown Act, requiring that all writings Amended, no (McCloud) be made available to the public at least 72 hours prior to position/ the meeting. To Govemor OCSD worked with CASA on amendments. SB 645 OCSD's design-build authorization Sponsor/Support/ Correa To be heard June 27. To Governorl SB 966 Amended: requires the CIWMB to create a model Support/ (Simitian) program for prescription drug take-backs. Changed To Governor significantly from its original version mandating pharmacies to im lament a r ram for prescription drugs. SB 1001 Changes the membership of the Regional Water Quality CASA: Oppose/ (Perata) Control boards from 9 members to 7 and eliminated To Governor representation by"sector.' Would remove designated representatives from the water and local government communities. (1) Position is derived from the 2007 Legislative Platform and Goals unless stated otherwise. Bills where there is no stated board policy are marked watch. JR:mg F.N. UVito?t pponUa gepn-SC RavIW.01/ 7 Page 4 Book Page 12 STEERING COMMITTEE Mea log Dale To BE.of Mr. AGENDA REPORT �N '0T Ilam ba Vern N be Orange County Sanitahon Dlstnct &e1 FROM: James D. Ruth, General Manager Originator: Penny Kyle, Clerk of the Board SUBJECT: Agenda Items for Consideration by the Board GENERAL MANAGER'S RECOMMENDATION Review with staff the agenda items tentatively scheduled for consideration by the Board at its September 26, 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 September 26, 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 special meetings held on August 1 and August 8, 2007, and the regular meeting held on August 22, 2007, to be fled and deemed approved, as mailed. b. (1) Approve an Agreement for Access and Easement purposes with SWEPI LP in connection with Carbon Canyon Sewer and Pump Station Abandonment, Contract No. 2-24-1, at no cost, in a form approved by General Counsel; and, (2)Approve an Agreement for Access and Easement purposes with Breitburn Energy in connection with Carbon Canyon Sewer and Pump Station Abandonment, Contract No. 2-24-1, at no cost, in a form approved by General Counsel. C. Approve a Purchase Option Agreement with the Coast Community College District and Orange Coast College in connection with the Rocky Point Pump Station, Contract No. 5-50, for a total amount of$10,000, in a form approved by General Counsel. END OF CONSENT CALENDAR d. Consideration of items deleted from Consent Calendar, if any. Book Page 13 COMMITTEE REPORTS AND RECOMMENDED ACTIONS 9. STEERING COMMITTEE Consent Calendar a. Order Steering Committee Minutes for the meeting held on August 22, 2007, to be filed. Non-Consent Calendar b. Consideration of items deleted from Consent Calendar, if any. 10. OPERATIONS COMMITTEE Consent Calendar a. Order Operations Committee Minutes for the meeting held on August 29, 2007, to be filed. b. (1)Approve a Professional Services Consultant Agreement with Dudek Engineering for the study of Potable Water Assessment at Plant No. 1, Specification No. CS-2007-335BD, in the amount of$218,200; and, (2) Approve a 20% contingency ($43,640). C. Authorize staff to enter into negotiations with Camp Dresser& McKee for support services during the construction, commissioning, and closeout phases of the 66kV Substation at Plant No. 1, Job No. P1-97. d. Authorize staff to enter into negotiations with Malcolm Pimie, Inc. for support services during the construction, commissioning, and the closeout phases of Coast Trunk Sewer Rehabilitation, Contract No. 11-26. e. (1)Approve Amendment No. 1 to Cooperative Projects Grant Program Contract No. 0602 with Garden Grove Sanitary District, providing for a six-month time extension; and, (2)Approve Amendment No. 1 to Cooperative Projects Grant Program Contract No. 0605 with the City of Buena Park, providing for a four-month time extension. f. (1)Approve a budget increase for Rehabilitation of the 14th Street Pump Station, Contract No. 5-51, in the amount of$318,296 for a total project budget of $10,935,653; (2)Approve Change Order No. 5 for Rehabilitation of the10 Street Pump Station, Contract No. 5-51, and Rehabilitation of the "A" Street Pump Station, Contract No. 5-52, with Kiewit Pacific Company, authorizing an addition of $318,296, increasing the total contract amount to$13,142,537;and, (3)Accept Rehabilitation of the 14' Street Pump Station, Contract No. 5-51, and Rehabilitation of the"A" Street Pump Station, Contract No. 5-52, as N WeplNp««Weenno comma«�'aoT➢aon�en,%b)ud d ua Im s.q.iw.mw.ex a « a Page 2 Book Page 14 complete, authorizing execution of the Notice of Completion and approving the Final Closeout Agreement with Kiewit Pacific Company. g. Approve a Reimbursement Agreement with the City of Fountain Valley to compensate the City for costs incurred due to delay of repaving Ellis Avenue, to coordinate with Replacement of Ellis Avenue Pump Station, Job No. 1-10, and Bushard Trunk Sewer Rehabilitation, Job No. 1-2-4, in an amount not to exceed $750,000, in a form approved by General Counsel. h. Receive and file Staff Report re FY O6/07 Strategic Initiatives-Local Sewer Services, dated January 2007 and revised April 2007, and direct the General Manager to implement the following: (1) Perform a comprehensive rate study for local sewers, establish a local sewer user fee structure, and initiate the appropriate Proposition 218 notifications and actions; (2)lnvestigate the feasibility of establishing accurate and separate accounting procedures for local sewer services; (3)lnitiate a public information effort in the unincorporated areas and part of the city of Tustin; and, (4)ldentify and pursue other local agencies that may be interested in a transfer of ownership in the future. Non-Consent Calendar I. Consideration of items deleted from Consent Calendar, if any. 11. ADMINISTRATION COMMITTEE Consent Calendar a. Order Administration Committee Minutes for the meeting held on September 12, 2007, to be filed. b. Adopt Resolution No. OCSD 07-20,Appointing Representatives for the District to Act as Agents on its Behalf in the Small Claims Courts of Orange County Judicial Districts, and Repealing Resolution No. OCSD 04-12. C. Approve the discharge of uncollectible debt owed by Expo-Dyeing & Finishing in the amount of$151,370.36. d. Approve a Deferred Payment Agreement with Pacific Ocean Dyeing & Finishing in the amount of$224,981.99, for the collection of all charges and fees owed for sewer service charges and industrial discharge permit fees,for a two-year period, plus interest of 10% per annum. e. Adopt Resolution No. OCSD 07-21, Terminating the California Public Entity Insurance Authority Joint Powers Agreement. Huwnao��s+e.,��c�ae.naowemwem Ne)ua a nns a 6.pen,ee,eeeramc Page 3 Book Page 15 f. Authorize issuance of up to$300 million in new foxed-rate Certificates of Participation debt. g. Authorize the General Manager to procure bids for the replacement of the Certificates of Participation Series 2006 Standby Purchase Agreement. Non-Consent Calendar h. Consideration of items deleted from Consent Calendar, if any. 12. GWR SYSTEM STEERING COMMITTEE (GWRSSC) GWRSSC Consent Calendar a. Order Joint Groundwater Replenishment System Steering Committee Minutes for the meeting held on August 13, 2007, to be filed. GWRSSC Non-Consent Calendar b. Consideration of items deleted from GWRSSC Consent Calendar, if any. ti:WegWpmget4mvg Comma®�.00'/b9UMmnaNFlNaansiu s+Parovamnae amuse. aaaee Page 4 Book Page 16 STEERING COMMITTEE NkaUnp Dale To 8E.of Dir. AGENDA REPORT �� It=Nmber 11M N tav Orange County Sanitaaon Dlstnct a/ FROM: James D. Ruth, General Manager Originator: Penny M. Kyle, Clerk of the Board SUBJECT: October Agenda Items for Consideration by Working Committees GENERAL MANAGER'S RECOMMENDATION Review with staff the agenda items tentatively scheduled for review by the Working Committees in August and 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 Operations Committee on October 3, and the Administration Committee on October 10: Operations Committee: 1. Approve amendment to Biosolids agreement with Tule Ranch/Magan Farms 2. Approve change order and 10% contingency for purchase of ferric chloride 3. Approve increase in contingency for PSA with RBF Consulting re Contract No. 2-24-1 4. Approve PSA with Dudek, Inc. re Contract No. 5-61 5. Approve Grant of Easement to Southern California Edison re Job No. P1-97 6. Approve Utility Relocation Agreement with Southern California Edison re Job No. P1-97 7. Approve PSA with Alan Plummer Associates, Inc. re Superoxygenation Process Feasibility Study 8. Approve plans and specifications and award construction contract to Ken Thompson, Inc. re Job No. FE05-36 Book Pace 17 Administration Committee: 1. Groundwater Replenishment System External Review 2. ARBA Update 3. Owner Controlled Insurance Program Selection PRIOR COMMITTEE ACTION N/A ADDITIONAL INFORMATION N/A �:`aa`+u�.aay.s;,,e wmnwuwnmarumm&c)iu a as mr�ummw.a� Page 2 Book Page I g 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