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HomeMy WebLinkAbout2008-03 MINUTES OF STEERING COMMITTEE MEETING Orange County Sanitation District Wednesday, March 26, 2008, at 5:30 p.m. A meeting of the Steering Committee of the Orange County Sanitation District was held on Wednesday, March 26, 2008, at 5:30 p.m., in the District's Administrative Office. (1) A quorum was declared present, as follows: STEERING COMMITTEE MEMBERS: DIRECTORS PRESENT: STAFF PRESENT: Jim Ferryman, Chair Jim Ruth, General Manager Doug Davert, Vice Chair Bob Ghirelli, Assistant General Manager Mark Waldman, Administration Committee Nick Amontes, Director of Operations and Chair Maintenance Larry Crandall, Operations Committee Chair Jim Herberg, Director of Engineering Don Bankhead Ed Torres, Director of Technical Services Phil Luebben Lorenzo Tyner, Director of Finance and Ken Parker Administrative Services Michael Gold, Legislative Affairs Liaison DIRECTORS ABSENT Penny Kyle, Clerk of the Board OTHERS PRESENT: Bradley R. Hogin, General Counsel THHFI CD ERK OF OHEC9gE 00 D Heather Dion ORANGE COUNTY SANRATON Des Rim (2) PUBLIC COMMENTS APR 23 2008 There were no public comments. (3) REPORT OF THE COMMITTEE CHAIR Chair Jim Ferryman advised the next CASA conference would be held April 24-26, 2008 in Squaw Valley. (4) REPORT OF GENERAL MANAGER General Manager Jim Ruth reported there had been progress made on condensing multiple agreements into one with SAWPA, and will be submitted to the Board for approval in the near future. He noted that the EIR for improvements to the SARI line was released to the public on March 13'". He also reported: 08109 and 09/10 budget would be reviewed by the committees in May; industrial rates would be reviewed by the Administration Committee in April; and an agency Speakers' Bureau is available to provide more educational outreaches. Lorenzo Tyner provided a report on the proposed rate increases for the local sewer service areas in the Tustin area and the required Prop 218 notifications. Jim Herberg reported on a request by the Republic of(South) Korea Environmental Management Corporation to send two c Minutes of the Steering Committee r March 26, 2008 Page 2 OCSD employees to engage in discussion and sharing of information on advanced wastewater issues and technology at their facility, and the corporation would absorb all of the expenses. Mr. Ruth also discussed ideas to update the lobby area with interactive kiosks and displays that would assist in public education. Staff was requested to come back with a proposal for consideration by the committee. (5) REPORT OF GENERAL COUNSEL There was no report. (6) ACTION ITEMS A. MOVED, SECONDED AND DULY CARRIED: Approve minutes of the February 27, 2008 Steering Committee meeting. B. MOVED, SECONDED AND DULY CARRIED: Recommend to the Board of Directors to adopt Resolution No. OCSD08-XX, Establishing a Policy for Naming Facilities and Placing of Monuments and Other Memorials. (7) INFORMATIONAL ITEMS A. Legislative Affairs Report: Heather Dion and Chris Townsend from Townsend Public Affairs gave an update on State legislation and the political climate in Sacramento. In addition, Michael Gold gave an up update of State and Federal legislative activities, including the possibility of the State taking property taxes away from special districts. Steering Committee members requested they be provided talking points on a property tax takeaway and its impact to OCSD. B. Proposed transfer of OCSD local sewers to Costa Mesa Sanitary District: Nick Arhontes, Director of Operations & Maintenance, provided a brief overview and noted that OCSD has transferred local sewers in the past with other agencies. (8) CLOSED SESSION The Steering Committee convened at 6:24 p.m. in Closed Session, pursuant to Government Code Section 54956.9(a)to discuss one matter. Confidential Minutes of the Closed Session held by the Steering Committee have been prepared in accordance with Government Code Section 54967.2, and are maintained by the Clerk of the Board in the Official Book of Confidential Minutes of Board and Committee Closed Meetings. At 6:26 p.m., the Steering Committee reconvened in regular session. (9) OTHER BUSINESS, COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY There were none. y Minutes of the Steering Committee March 26, 2008 Page 3 (10) ADJOURNMENT The next Steering Committee meeting is scheduled for Wednesday, April 23, 2008. The Chair declared the meeting adjourned at 6:28 p.m. Submitted by: Penny M. Kyle Clerk of the Board X:Wep0a6�'b CmnmMeo4NPLA6103P09.6Mrl,q 6tinNUEx Distributed at )3IR old? Steering Committee meeting. Ideas for Steve Anderson Memorial A few initial ideas for memorializing Steve Anderson: • Bas-relief sculpture of Steve Anderson that can be affixed to a rock or wall near the entrance of the administration building • "Living memorial"—such as the "Steven Anderson: Future Leaders in Water internship program" or an annual memorial scholarship awarded each year to a deserving student in public administration, engineering or other applicable field of study • Specially designed bench or sitting area, surrounded by trees, near front entrance • "Wall of Fame"—a permanent wall that would contain names of board members, community members, employees or other who have made a significant contribution to the Orange County Sanitation District • Water feature or fountain dedicated to Steve's memory • Name one of the GWRS orsecondary treatment facilities for Steve (example: name the new Ellis Pump Station, the Anderson Pump Station) • Design a "public art"sculpture in a prominent place in Steve's memory • Name the boardroom "The Steven Anderson Memorial Board Room" 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 March 26, 2008, was duly posted for public inspection in the main lobby of the District's offices on March 20, 2008. IN WITNESS WHEREOF, I have hereunto set my hand this 20th day of March 2008. •. J LiliS Kovac, Associate Clerk of the Board Board of Directors Orange County Sanitation District HADEMGMW 5W 51\BMFORMS\AGENDA CERTIFICATION-STEERING COMMITTEE.DOC ORANGE COUNTY SANITATION DISTRICT March 19, 2008 P vu: V 1al dF�P•!r . fu: I)f d155'h155h tmw.adtd.mm tvlflnd tddntt. PT, U.B1r) huxrl:nn V+N•ry IY .t«t.dd, NOTICE OF MEETING ""44 elro Mvnue Po::nLam Vnlury !n a27nH m+e STEERING COMMITTEE wwm� Ag l Ck1.. ORANGE COUNTY SANITATION DISTRICT arnner;n mea ILnxr.l nerf rnr. WEDNESDAY, MARCH 26, 2008 — 5:30 P.M. Lundau Ynllep DISTRICT'S ADMINISTRATIVE OFFICES H:n✓�gp.er Hrvx..v, ntnne 10844 ELLIS AVENUE e Px,d FOUNTAIN VALLEY, CALIFORNIA 92708 °S Aux"`°ie WWW.00SD.COM Mwgx.f t)da,r. IFmq)e Hle.rma 'slydfl A"rrd saxr Haecn Z 1.1 , A regular meeting of the Steering Committee of the Orange wla dnl'i County Sanitation District will be held at the above location, date and time. county et 0nnae lenitery GIRMera 1.1w.r Wn . ft n." Iby Water Dietridtt nM1+nn Hanrl: 'n maintain wdNtl-class leatlership in wastewater antl wear resource management. ,p xnpgo 9 hp INE EN*Po STEERING COMMITTEE AND BOARD MEETING DATES March 26, 2008 April 23, 2008 May 28, 2008 June 25, 2008 July 23, 2008 August 27, 2008 *September 17, 2008 October 22,2008 *November 19, 2008 *December 17, 2008 January 28, 2009 February 25, 2009 *Meetings being held the third Wednesday of the month. STEERING COMMITTEE (1) Roll Call: Meeting Date: March 26, 2008 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.......0............... .0......... PhilLuebben....................................................................... ........... DonBankhead.................................................................... ........... KenParker.......................................................................... ........... Others Brad Hogin, General Counsel............................................. ..... ......_ staff Jim Ruth, General Manager.......................0............................_ Bob Ghirelli, Assistant General Manager,.................o............... . 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, MARCH 26, 2008 AT 5:30 P.M. ADMINISTRATIVE OFFICE 10844 Ellis Avenue Fountain Valley, California www.ocsd.com 1. Declaration of Quorum and appointment of Chair Pro Tem, if necessary 2. Public Comments 3. Report of Committee Chair 4. Report of General Manager 5. Report of General Counsel 6. Action Items A. Approve minutes of the February 27, 2008 Steering Committee meeting. (Minutes will be distributed at the March 26, 2008 Steering Committee meeting). B. Recommend to the Board of Directors to adopt Resolution No. OCSD08-XX, Establishing a Policy for Naming Facilities and Placing of Monuments and Other Memorials. (Book Page 4) 7. Information Items A. Legislative Affairs Report—Gold (Book Page 6) B. Proposed transfer of OCSD local sewers to Costa Mesa Sanitary District. (Book Page 10) Book Page I March 26, 2008 8. 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 lifigation,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 Califomia 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 infonnabon. A. Convene in closed session, If necessary CONFERENCE WITH LEGAL COUNSEL RE. EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Case: Lynda Heller(Dec.), Christian Heller(App.)vs. Orange County Sanitation District; Workers Compensation Appeals Board No.:AHM 0098129;AHM Unassigned; Claim No.: 7827-0001-01-0029 B. Reconvene in regular session C. Consideration of action, if any, on matters considered in closed session. 9. Other business and communications or supplemental agenda items, if any 10. Adjournment to April 23, 2008, at 5:30 p.m. Book Page 2 March 26, 2008 Acenda 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 Adiournment: This meeting maybe 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 Fenyman (714)263-5910 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: okvle@Lmsd.com Book Page 3 STEERING COMMITTEE FNIeRrigDate Tood.of Dir. 03/26/08 AGENDA REPORT Item Number Item Hamper Orange County Sanitation Dlstrict fi(e) FROM: James D. Ruth, General Manager Originator: Bret Colson, Public Information Manager SUBJECT: Naming Policy GENERAL MANAGER'S RECOMMENDATION Adopt Resolution No. OCSD 08-XX, Establishing a Policy for Naming Facilities and Placing of Monuments and Other Memorials. SUMMARY The Orange County Sanitation District wishes to recognize individuals that have provided meaningful and important service to the Sanitation District. Staff recommends the Board of Directors adopt a policy establishing guidance in the naming of facilities and placing of monuments and other memorials. The attached resolution would establish that policy. PRIOR COMMITTEE/BOARD ACTIONS In February, the Steering Committee instructed staff to prepare a proposed policy for review. ADDITIONAL INFORMATION None Form N.o*1W ne, Rgwn-sc ......d.oime,m Page 1 Book Page 4 RESOLUTION NO. OCSD 08-XX ESTABLISHING NAMING POLICY A RESOLUTION OF THE BOARD OF DIRECTORS OF ORANGE COUNTY SANITATION DISTRICT ESTABLISHING A POLICY FOR NAMING FACILTIES AND PLACING OF MONUMENTS AND OTHER MEMORIALS WHEREAS, the Orange County Sanitation District wishes to recognize individuals that have provided meaningful and important service to the Sanitation District; WHEREAS, the District recognizes the need for guidance in the naming of facilities and placing of monuments and other memorials; NOW THEREFORE, the Board of Directors of the Orange County Sanitation District DOES HEREBY RESOLVE, DETERMINE AND ORDER: Section 1: The naming of District facilities or the placement of monuments and other memorials will be a rare event designed to memorialize an individual who has made distinct and significant contributions to the District. Section 2: To be recognized by the District, the individual must have demonstrated or preformed the following: • Have a long standing affiliation with the Orange County Sanitation District • Enhanced the quality of operations and/or leadership directly contributing to the well-being of the District and people served by the District. • Made an exceptional contribution to the community through their leadership, involvement or substantial commitment of time or improvement of the quality of life. Section 3: By a majority vote of the Board of Directors, an individual may be memorialized by the naming of a component, building, support facilities or through the placement of plaques, markers, or other memorials. Section 4: Only new or unnamed facilities will be named in honor of an individual. Existing facilities will not be renamed. In addition, once named, there will be no renaming of buildings or support facilities. Plaques, markers, or other memorials will be permanent. PASSED AND ADOPTED at a regular meeting held March 26, 2008. Chair ATTEST: Clerk of the Board Book Page 5 STEERING COMMITTEE Meeiing Date To fid.of Dir. 03/26/2008 AGENDA REPORT llan Number IDem"uRibu 7tro 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 Federal Legislative Report Eric Sapirstein, ENS Resources and John Freshman,Troutman Sanders CASA Washington, D.C. Conference and Federal Briefings Directors Davert and Crandall along with Jim Ruth, Bob Ghirelli and Michael Gold travelled to Washington, DC from March 10-12 for the CASA D.C. conference and to discuss the District's federal appropriations request with members of Congress and their staff. The group met with the following offices: Congressman Ken Calvert, Congressman Gary Miller, Congresswoman Loretta Sanchez, Senator Barbara Boxer, Senator Dianne Feinstein and Senate Energy and Water Appropriations Committee staff. During these meetings,we discussed our three federal priorities and CASA statewide issues. While it was very encouraging that our delegation members and their staff were very familiar with OCSD and our priorities, all said that funding would be very tight this year and with the presidential elections, any budget would probably not occur in late this year. In addition to the Congressional visits, directors and staff also attended conference sessions. FO No..1.1 Ppwda Rg -SC Page 1 Book Page 6 State Legislative Report Heather Dion and Chris Townsend, Townsend Public Affairs Political Highlights Assembly Member Karen Bass (D-Los Angeles) has been chosen to be next Speaker of the Assembly and is the first Afdcan-American woman elected to the position. She is expected to assume the post in August. On the Senate side, the Republicans have chosen their new minority leader to replace Senator Dick Ackerman, Senator Dave Cogdill from Modesto. Mr. Cogdill is a large supporter of water issues and has authored two water bond proposals. While no timetable has been set for Mr. Ackerman to step down, Mr. Cogdill will play a large role in this year's budget negotiations. Many believe that the change in leadership will result in the Senate Republican caucus becoming even more conservative, which will likely lead to a long drawn out budget process. More Water Bond Possibilities The California Chamber of Commerce announced they will stop collecting signatures for a water bond and will focus their attention on having the Legislature place a bond on the ballot. While the group did not completely pull their measure from circulation,they will wait to see if the Legislature takes any action before moving forward. In late February, Senator Diane Feinstein met with Governor Arnold Schwarzenegger and various legislators, and expressed her desire for a water bond to be done by the Legislature. The fact that Senator Feinstein did not express her support for the Chamber's initiative is what likely led to the decision to not collect signatures and it is widely believed that both Governor Schwarzenegger and Senator Feinstein will need to be supportive of any water bond in order for it to pass. Responding to the need for a legislative initiative, Senator Mike Machado released SB 6x in early March titled, 'The Safe Drinking Water Act of 2008. The measure totals $6.8 billion for various water-related projects but nothing of significant meaning to wastewater treatment. Monthly Activities The Assembly Budget Subcommittee#4 on State Administration met on March 12 to discuss the Legislative Analyst's Office(LAO)alternative proposal to the Governors Budget. OCSD has asked that TPA work with the Orange County Delegation and the Budget Subcommittee members on the District's opposition to the LAO's proposal. TPA tested in opposition to the proposal at the hearing on the March 12 and will report the results to the Steering Committee at the meeting. If enacted,the LAO's recommendation would result in approximately$35 million (minimum) in lost property taxes and translates into 15 percent increase in rates. TPA worked with OCSD and the Discovery Science Center to submit a federal appropriations request for the two entities related to the District's education program. The federal appropriations request would fund the District's sewer education program over a number of years and would then pay for the services of DSC's education program and teachers. The request was filed with Congressmen Miller and Calvert and Congresswoman Sanchez, as well as Senators Boxer and Feinstein. Fa No.U =-i PgRw, Rep 1XM7 RevISN.OINB'0] Page 2 Book Page 7 Legislation of Interest AB 642 (Wolk)— Design build for cities and special districts This bill started as an umbrella to grant all cities, counties and special districts the ability to utilize design-build on projects over$2.5 million; however, opposition from several groups forced the author to scale back the proposal just allowing design-build authority for cities and for all public agencies on water, wastewater and waste recycling projects. While the bill has some positive aspects, such as the lower dollar threshold, it limits the total number of projects to twenty for all agencies and tasks the Governor's office of OPR to track projects to as to not exceed twenty statewide. Staff has some concerns with this bill, including the arbitrary limit of twenty and whether OPR's involvement will lead to an approval process. This bill will continue to be tracked by staff and TPA has expressed our concerns to Assembly Member Wolk. The current list of bills being tracked by staff is attached. rdm No.O 10I l ftP Pe -SC P�uY�E:O1I 1 Page 3 Book Page 8 OCSD Bill Tracking — Updated March 2008 (priority bills in bold) Bill No. Summary Position (1)1 Status AB 983 This bill provides that there is an implied warranty in the accuracy and completeness of the Oppose (Me) plans and specifications. The bill shifts the burden to the agency'it something wrong occurs In Judiciary after completion of the project and the contractor could claim error in the plan, rather than Committee construction error. AB 1654 Implements the he Safe Drinking Water,Water Quality and Supply, Flood Support (Huffman) Control, River and Coastal Protection Bond Act of 2006 to include wastewater treatment as Recently eligible for funding under the Integrated Regional Water Management Plans. amended and in Rules committee AB 1978 Sponsored by the County of Orange. Bill clarifies that GIS and mapping data will be subject to Support (Solodo) same public records act laws as computer software is not subject to public records rules; In Governmental m however it may be sold for non-commercial use. Or anization 8 F 'O m R ,o SB 842 Design-build authority for water and wastewater agencies and cities/counties that provide these Watch (Wolk) services. Sets a threshold of$2.5 million for projects but limits total projects statewide to 20. First hearing ost coed SB 1176 A redo of Perata's SB 1001 (vetoed by the Governor)from last year. The bill makes changes Watch (Perata) to the Regional Water Quality Control Boards, including lowering number of members from nine to seven. (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. STEERING COMMITTEE M-tkV oars To BO.o/Dlr. AGENDA REPORT az/n/ar IOem Numbs lOen Nimipg Orange County Sanitation Dlsmct xsi FROM: James D. Ruth, General Manager Originator: Nick Arhontes P.E., Director of O&M SUBJECT: Proposed transfer of OCSD local sewers to Costa Mesa Sanitary District GENERAL MANAGER'S RECOMMENDATION Information Only SUMMARY In December of 2007 OCSD staff was contacted by Costa Mesa Sanitary District (CMSD) staff regarding their interest in acquiring certain local sewers. On December 27, a meeting was held at OCSD to further explore the issues in greater detail with CMSD staff. On December 28, CMSD staff prepared and submitted a written request with additional information including marked CMSD sewer maps showing the exact locations of the sewer lines. OCSD O&M and Engineering staff are now evaluating the request in greater detail as well as preparing a description of the assets for use in correspondence and a possible future transfer agreement. About 3 miles of sewers are involved made up of 57 line segments and 63 manholes. There are no pumping facilities involved. The local sewers do not provide a regional purpose as serving two or more cities or sewering agencies. These local flows are eventually collected downstream by OCSD's regional system and benefits only local parcels in the city of Costa Mesa Where CMSD is the local sewering agency. Staff will continue to evaluate the issues and merits of the proposed transfer in a timely manner. A similar process was followed in transferring local sewer assets in the Irvine Business Complex to Irvine Ranch Water District several years ago. Staff has been advised that CMSD will be requesting added O&M data, engineering records, easement and encroachment records and other customary items as a part of their due diligence process and expect that request. Staff anticipates approval and will work with the General Counsel to prepare a Transfer Agreement for possible Board consideration and action in the future. All Department Heads will also be briefed to gain any added input or concerns as the process moves forward. The current goal would be to complete the transfer process by July 2008. Fp N. rnv may Page 1 Book Page 10 PRIOR COMMITTEE/BOARD ACTIONS None ADDITIONAL INFORMATION None ATTACHMENTS None K: ptbge dalWeemq Commileer2bllm.V(bf.CM$n Sewer TmnsM,m F.No.b44faxi Page 2 Book Page I I 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