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HomeMy WebLinkAbout2008-10 f " < MINUTES OF STEERING COMMITTEE MEETING Orange County Sanitation District Wednesday, October 22, 2008, at 5:30 p.m. A meeting of the Steering Committee of the Orange County Sanitation District was held on Wednesday, October 22, 2008, at 5:30 p.m., in the District's Administrative Office. A quorum was declared present, as follows: STEERING COMMITTEE MEMBERS: STAFF PRESENT: DIRECTORS PRESENT: Doug Davert, Chair Jim Ruth, General Manager Mark Waldman, Administration Committee Bob Ghirelli, Assistant General Manager Chair Nick Arhontes, Director of Oper. & Maintenance Bill Dalton Jim Herberg, Director of Engineering Phil Luebben Ed Torres, Director of Technical Services Lorenzo Tyner, Director of Finance and DIRECTORS ABSENT Administrative Services Larry Crandall, Vice Chair Michael Gold, Legislative Affairs Liaison Ken Parker, Operations Committee Chair Penny Kyle, Clerk of the Board Jim Ferryman E �p p OTHERS PRESENT: THELC�LERKTHpA THE BEOp�R� Ryal Wheeler ORANGE COUNTY SANrIATION DISTRICT Layne Baroldi NOV 19 2000 Drew Kolosky, Liberty Composting ////nJJJJ PUBLIC COMMENTS sr'—IL. Drew Kolosky stated that his employer, Liberty Composting, was interested in purchasing the Sanitation District's land in Kings County and was prepared to offer the Sanitation District a proposal of$42tton of biosolids for four years, with a minimum of 50,000 tons per year. REPORT OF THE COMMITTEE CHAIR Chair Davert reported that the board meeting would be adjourned in memory of Cornell Norby, Director Norby's father. He also reported that Director Crandall was attending the WEFTEC conference in Chicago where he was participating on a leadership panel and also the Utility Executive's Forum. Minutes of the Steering Committee October 22, 2008 Page 2 REPORT OF GENERAL MANAGER Jim Ruth, General Manager, advised staff was proceeding with preparing the update to the Strategic Plan, and the update would be ready for presentation at the November board meeting. He also provided a brief update on negotiations with SAWPA, a tour of EnerTech in Rialto, and status on SARI line repairs. REPORT OF GENERAL COUNSEL There was no report. ACTION ITEMS (1 -2) 1. MOVED, SECONDED AND DULY CARRIED: Approve minutes of the September 17, 2008 Steering Committee meeting. 2. MOVED, SECONDED AND DULY CARRIED: Recommend to the Board of Directors to approve an agreement with the City of Fountain Valley for permitting P1 Miscellaneous Buildings Office Improvements, Project No. FE07-08, and authorize payment and development fees for an amount not to exceed$356,835, in a form approved by General Counsel. INFORMATION ITEMS (3 -4) 3. Legislative Affairs Report—Government Affairs Manager, Michael Gold, informed the Committee that the list of state bills being tracked by OCSD was in their packet with the final actions taken by the Governor. Gold mentioned that many of the bills OCSD opposed were vetoed. As a result of the growing state budget deficit, it is likely that a special session will be called by the Governor after the election to deal with the impending crisis; however, a bright spot in the state's situatton was that the Governor was successful in selling about$5 billion in bonds to the public to cover the short-term cash crunch. In Washington, D.C., Gold reported that the likelihood of a stimulus package including Infrastructure funding was growing when the Federal Reserve Chairman expressed his support for it. With Bernanke's support,the President signaled he also might be willing to support infrastructure funding. Finally, Gold reported that at the November Steering Committee meeting, the lobbyists would be available to discuss the implications of the election. 4. Republic of(South) Korea Environmental Management Corporation—Jim Herberg, Director of Engineering, noted that the Memorandum of Understanding focuses on key areas of exchange of information, technology,joint research and cooperative projects, and future visits to OCSD. Minutes of the Steering Committee October 22, 2008 Page 3 CLOSED SESSION The Steering Committee convened at 5:46 p.m. in Closed Session, pursuant to Government Code Section 54956.8 to discuss one matter. Confidential Minutes of the Closed Session held by the Steering Committee have been prepared in accordance with Government Code Section 64957.2, and are maintained by the Clerk of the Board in the Official Book of Confidential Minutes of Board and Committee Closed Meetings. The Steering Committee reconvened at 5:58 p.m. in regular session. OTHER BUSINESS. COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY There were none. ADJOURNMENT The next Steering Committee meeting is scheduled for Wednesday, November 19, 2008. The Chair declared the meeting adjourned at 5:58 p.m. Submitted b�y: ��f/I U Penny M. P le Clerk of the Board STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) Pursuant to California Government Code Section 54954.2, I hereby certify that the Notice and the Agenda for the Steering Committee to be held on October 22, 2008, was duly posted for public inspection in the main lobby of the District's offices on October 16, 2008. IN WITNESS WHEREOF, I have hereunto set my hand this 16" day of October 2008. LiIiA Kovac Clerk of the Board Orange County Sanitation District HADEMAGENOMSTEERING COMMITTEE1200MCOMMITTEE POSTING CERTIFICATION FORM.000 REQUEST TO ADDRESS THE STEERING COMMITTEE All persons wishing to address the Steering Committee on specific agenda items or matters of general interest should complete and submit this form to the Committee Secretary prior to commencement of the Steering Committee meeting. As determined by the Chair, speakers may be deferred until the specific item is taken for discussion. Remarks may be limited to three minutes or less. Any handouts (15 COPIES REQUIRED) must be given to the Committee Secretary prior to the meeting for distribution. DATE: �Q-22 AGENDA ITEM NO. � f ! f ! f 4 f Y f F F F 1 f k f Y Y Y f ! Y f f f Y f f f f NAME: (please print) zC W ko/o-&/C y HOME ADDRESS: -7 1 1 3 C7 (number/street) fjfHCE,1 (�A `j 33ag (city/zip code) TELEPHONE: C I 32 7 0/0 7 REPRESENTING: L )�5 -r`� cowv PoSTt ---- (self/name of organization) �� � � � � a��. ��N�� �`� �� � i� Distributed at Steering Committee meeting. REVISED MINUTES OF STEERING COMMITTEE MEETING Orange County Sanitation District Wednesday, September 17, 2008, at 5:30 p.m. A meeting of the Steering Committee of the Orange County Sanitation District was held on Wednesday, September 17, 2008, at 5:30 p.m., in the District's Administrative Office. A quorum was declared present, as follows: STEERING COMMITTEE MEMBERS: STAFF PRESENT: DIRECTORS PRESENT: Doug Davert, Chair Jim Ruth, General Manager Larry Crandall, Vice Chair Bob Ghirelli, Assistant General Manager Ken Parker, Operations Committee Chair Nick Arhontes, Director of Oper. & Maintenance Mark Waldman, Administration Committee Jim Herberg, Director of Engineering Chair Ed Torres, Director of Technical Services Bill Dalton Lorenzo Tyner, Director of Finance and Phil Luebben Administrative Services Michael Gold, Legislative Affairs Liaison DIRECTORS ABSENT Lille Kovac,Associate Clerk of the Board Jim Ferryman Jeff Reed, Human Resources Manager OTHERS PRESENT: Ryal Wheeler Eric Sapirstein John Freshman PUBLIC COMMENTS There were no public comments. REPORT OF THE COMMITTEE CHAIR Chair Davert reported that the Strategic Plan meeting has been scheduled for Wednesday, October le from 5:00 p.m. to 7:00 p.m. Chair Davert also announced that he would be attending the California Special District Association conference to receive the Chairman of the Year award for the GWRS project, and acknowledged credit was due to his predecessors, Directors Jim Ferryman and Steve Anderson. REPORT OF GENERAL MANAGER Jim Ruth, General Manager, deferred to Director of Engineering,Jim Herberg for a verbal report on an emergency repair project presented to the Board for approval. Mr. Herberg stated that the SARI line between the OC line and SAVI is subject to catastrophic failure if Santa Ana River Minutes of the Steering Committee . September 17, 2008 Page 2 flows undermine the pipeline where it crosses under the river. He indicated that from 2005- 2007 our survey indicated that soil cover protecting the line had increased as a result of the installation of protective rock grade stabilizers following heavy storm flows in 2005. However, this year's annual survey shows that we have experienced a loss of earth cover over the pipe and undercutting of the rock grade stabilizer which has left the pipeline vulnerable to failure in three locations. Mr. Herberg indicated that consultation with the U.S. Army Corps of Engineers resulted in a recommendation to install additional rock to protect the pipeline prior to this November 151h which requires that the Board grant emergency purchasing authorization in lieu of the normal bidding process. Mr. Herberg also noted that SAWPA is responsible for 76% of this maintenance cost and OCSD is responsible for the remaining 24%. Director Ferryman asked staff to look into the availability of FEMA funding for this work. REPORT OF GENERAL COUNSEL There was no report. ACTION ITEMS 1. MOVED, SECONDED AND DULY CARRIED: Approve minutes of the August 27, 2008 Steering Committee meeting. 2. MOVED, SECONDED AND DULY CARRIED: Recommend to the Board of Directors to adopt Resolution No. OCSD 08-_, Establishing Award Acceptance Protocols. INFORMATION ITEMS (3) 3. Legislative Affairs Report—Government Affairs Manager, Michael Gold, presented an overview of the State budget adopted by the Legislature earlier that week. While the adopted budget did not take property taxes away from special districts, Gold cautioned that the deficit was not resolved and the District would be under threat of property tax take-aways next year. Federal Lobbyists Eric Sapirstein and John Freshman discussed a possible Washington DC trip before the end of the year and recommended that unless there is dramatic progress made on the budget and other issues, the trip should probably occur in early 2009. The close Presidential election has tied things up in the Capitol and few bills are expected to be passed this year. (8) CLOSED SESSION There was no closed session. Minutes of the Steering Committee September 17, 2008 Page 3 (9) OTHER BUSINESS. COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY There were none. (10) ADJOURNMENT The next Steering Committee meeting is scheduled for Wednesday, October 22, 2008. The Chair declared the meeting adjourned at 6:05 p.m. Submitted by: Lilia Xovac Associate Clerk of the Board YY SP 14! ORANGE COUNTY SANITATION DISTRICT of THE ENYN 14PG1 Elbe kenue Fua,.d ve, Ea October 15, 2008 927MMI8 Meiling Md e Pe.Rd.B127 pwmmn Valley l:A 9272BB127 ...d min Plmn J7141 962241 1 NOTICE OF MEETING Far. (7141862U356 STEERING COMMITTEE Serving a,ane,,;, Brea Bunnx VeM ORANGE COUNTY SANITATION DISTRICT nm,.*aa Fnunran Ublley WEDNESDAY, OCTOBER 22, 2008 — 5:30 P.M. Hunbdg ,Bearb ADMINISTRATIVE OFFICES 10844 ELLIS AVENUE l.a Hahra FOUNTAIN VALLEY, CALIFORNIA 92708 En Pelme W W W.00SD.COM tos nmmmxs Newpxt Bee:�M1 0ir'd A regular meeting of the Steering Committee of the Orange Banco Ana County Sanitation District will be held at the above location, date 8ae)eaacl, and time. B,anm.. resod una Parry inn a t,nda Cp m Macs Senwry Oism,t MMvey Giy SBnRYy irs!n,2 rvns Rdmh Vrbmr l7mbnh Qcpd'y a 'Hjd We pmt r public healM and b,e edNm mr by providing elfecwe dpddEY collection, "'"dent and recycling STEERING COMMITTEE AND BOARD MEETING DATES *November 19, 2008 *December 17, 2008 January 28,2009 February 25, 2009 March 25, 2009 April 22, 2009 May 27, 2009 June 24,2009 July 22, 2009 August 26, 2009 September 23,2009 October 28,2009 *Meetings being held the third Wednesday of the month. STEERING COMMITTEE (1) Roll Call: Meeting Date: October 22, 2008 Meeting Time: 5:30 p.m. Committee Members Doug Davert, Board Chair................................................... ........... Larry Crandall, Vice Chair................................................... ........... Mark Waldman,Administration Committee Chair................ ........... Ken Parker, Operations Committee Chair........................... ...... BillDalton ........................................................................... ........... JimFerryman...................................................................... ..........._ PhilLuebben....................................................................... ........... Others BradHogin, General Counsel............................................. ........... _ Staff 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 Servioss....... 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, OCTOBER 22, 2008 AT 5:30 P.M. ADMINISTRATIVE OFFICE 10844 Ellis Avenue Fountain Valley, California www.ocsd.com DECLARATION OF QUORUM PUBLIC COMMENTS REPORT OF COMMITTEE CHAIR REPORT OF GENERAL MANAGER • Strategic Plan Workshop Update REPORT OF GENERAL COUNSEL ACTION ITEMS(1 -2) 1. Approve minutes of the September 17, 2008 Steering Committee meeting. 2. Recommend to the Board of Directors to approve an agreement with the City of Fountain Valley for permitting P1 Miscellaneous Buildings Office Improvements, Project No. FE07-08, and authorize payment and development fees for an amount not to exceed $365,835, in a form approved by General Counsel. (Book Page 7) INFORMATION ITEMS (3 -4) 3. Legislative Affairs Report—Gold (Book Page 9) 4. Republic of(South) Korea Environmental Management Corporation - Herberg (Book Page 12) Book Page I October 22, 2008 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. gentling 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. Convene in closed session, if necessary. 5. Confer vrith Real Property Negotiator pursuant to Government Code Section 54956.8. Property: Kings County, California. The subject property in Kings County comprises 1,808.15 assessed acres as follows: 046 400-016 320 acres 046400-017 320 acres 046400-018 240 acres 046430-005 80 acres 046 430-006 80 acres 046430-008 40 acres 046430-015 80 acres 046430-019 20 acres 046430-038 308.15 acres 046430-039 320 acres Agency Negotiator: OCSD General Manager James Ruth Under Negotiation: Instruction re price,terms,and conditions for the sale of the subject property. Agency Negotiator: OCSD General Manager James Ruth Under Negotiation: Instruction re price, terms, and conditions for the sale of the subject property. Reconvene in regular session. 6. Consideration of action, if any, on matters considered in closed session. 7. Other business and communications or supplemental agenda items, if any. 8. Adjournment to November 19, 2008, at 5:30 p.m. Book Page 2 October 22, 2008 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 public records relating to each agenda Rem, including any public records distributed less than 72 hours prior to the meeting to all, or a majority of all, of the members of District's Board,are available for public inspection in the office of the Clerk of the Board,located at 10844 Ellis Avenue, Fountain Valley, Califomia. 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 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: Doug Davert (714)318-9550 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(olocsd.win Book Page 3 MINUTES OF STEERING COMMITTEE MEETING Orange County Sanitation District Wednesday, September 17, 2008, at 5:30 p.m. A meeting of the Steering Committee of the Orange County Sanitation District was held on Wednesday, September 17, 2008, at 5:30 p.m., in the District's Administrative Office. A quorum was declared present, as follows: STEERING COMMITTEE MEMBERS: STAFF PRESENT: DIRECTORS PRESENT: Doug Davert, Chair Jim Ruth, General Manager Larry Crandall, Vice Chair Bob Ghirelli, Assistant General Manager Ken Packer, Operations Committee Chair Nick Arhontes, Director of Oper. 8 Maintenance Mark Waldman,Administration Committee Jim Herberg, Director of Engineering Chair Ed Torres, Director of Technical Services Bill Dafton Lorenzo Tyner, Director of Finance and Phil Luebben Administrative Services Michael Gold, Legislative Affairs Liaison DIRECTORS ABSENT Lilia Kovac,Associate Clerk of the Board Jim Ferryman Jeff Reed, Human Resources Manager OTHERS PRESENT: Ryal Wheeler Eric Sapirstein John Freshman PUBLIC COMMENTS There were no public comments. REPORT OF THE COMMITTEE CHAIR Chair Davert reported that the Strategic Plan meeting has been scheduled for Wednesday, October le from 5:00 p.m. to 7:00 p.m. Chair Davert also announced that he would be attending the California Special District Association conference to receive the Chairman of the Year award for the GWRS project, and acknowledged credit was due to his predecessors, Directors Jim Ferryman and Steve Anderson. REPORT OF GENERAL MANAGER Jim Ruth, General Manager, deferred to Director of Engineering,Jim Herberg for a verbal report on an emergency repair project presented to the Board for approval. Mr. Herberg stated that the SARI line between the OC line and SAVI is subject to catastrophic failure ff Santa Ana River Book Page 4 Minutes of the Steering Committee September 17, 2008 Page 2 flows undermine the pipeline where it crosses under the over. He indicated that from 2005- 2007 our survey indicated that soil cover protecting the line had increased as a result of the installation of protective rock grade stabilizers following heavy storm flows in 2005. However, this year's annual survey shows that we have experienced a loss of earth cover over the pipe and undercutting of the rock grade stabilizer which has left the pipeline vulnerable to failure in three locations. Mr. Herberg indicated that consultation with the U.S. Army Corps of Engineers resulted in a recommendation to install additional rock to protect the pipeline prior to this November 1 r which requires that the Board grant emergency purchasing authorization in lieu of the normal bidding process. Mr. Herberg also noted that SAWPA is responsible for 76% of this maintenance cost and OCSD is responsible for the remaining 24%. Director Ferryman asked staff to look into the availability of FEMA funding for this work. REPORT OF GENERAL COUNSEL There was no report. ACTION ITEMS 1. MOVED, SECONDED AND DULY CARRIED: Approve minutes of the August 27, 2008 Steering Committee meeting. 2. MOVED, SECONDED AND DULY CARRIED: Recommend to the Board of Directors to adopt Resolution No. OCSD 08-_, Establishing Award Acceptance Protocols. INFORMATION ITEMS(3) 3. Legislative Affairs Report-Government Affairs Manager, Michael Gold, presented an overview of the State budget adopted by the Legislature earlier that week. While the adopted budget did not take property taxes away from special districts, Gold cautioned that the deficit was not resolved and the District would be under threat of property tax take-aways next year. (8) CLOSED SESSION There was no closed session. (9) OTHER BUSINESS COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY There were none. Book Page 5 Minutes of the Steering Committee September 17, 2008 Page 3 (10) ADJOURNMENT The next Steering Committee meeting is scheduled for Wednesday, October 22, 2008. The Chair declared the meeting adjourned at 6:05 p.m. Submitted by: � c9-rt-a-a— Lilia Kovac Associate Clerk of the Board Book Page 6 STEERING COMMITTEE Meeting late To ad.of Dlr. 10122/08 la/22/aa AGENDA REPORT Rem Number Item Numte 2 6 Orange County Sanitation District Misc.a ^� Support Projects FROM: James D. Ruth, General Manager Originator: James D. Herberg, Director of Engineering Project Manager: Derek Davis SUBJECT: P1 Miscellaneous Buildings Office Improvements, Project No. FE07-08 GENERAL MANAGER'S RECOMMENDATION Approve an Agreement with the City of Fountain Valley for permitting P1 Miscellaneous Buildings Office Improvements, Project No. FE07-08, and authorize payment of development fees for an amount not to exceed $365,835, in a form approved by General Counsel. SUMMARY • In December 2000, the Orange County Sanitation District (Sanitation District) proposed a new Administration Building (Job No. J-84). The cost estimate for this new facility was $18,500,000 and included the construction of a three-story building to house Information Technology, Human Resources, and the Finance Departments. Due to budget constraints, the project was cancelled in 2006. • In lieu of this cancelled project, a smaller Facilities Engineering project was initiated in 2007 to improve several buildings in order to relocate the Sanitation District's Information Technology staff from temporary office trailers to the Administration Building and to make access improvements to comply with the requirements of the Americans with Disabilities Act. The estimated construction cost for this smaller project is $800,000. • The City of Fountain Valley(City) is reluctant to issue building permits for the proposed improvements because building permits were not issued for the existing structures. The City is concerned that they may be accepting liability for the existing structure. • The proposed Agreement provides a mechanism for the City to permit new work in existing unpermitted buildings without the Sanitation District obtaining permits for the original construction. In lieu of a difficult and costly process to permit the existing unpermitted buildings, the Agreement limits the City's liability for these structures. • The Agreement also requires the District to pay development fees that would have been paid at the time of construction. Fa,m No,DW 02 2 RsnwG a'LO,ro1 Page 1 Book Page 7 PRIOR COMMITTEE/BOARD ACTIONS August 12, 1992 — CON-92-56 Agreement with the City of Fountain Valley establishing the scope of cooperation on land use and permitting issues between the Sanitation District and the City with reference to Plant No. 1. ADDITIONAL INFORMATION During the late 1980s and early 1990s, the Sanitation District constructed several buildings without obtaining City Building Permits. Per a 1992 Agreement between the Sanitation District and the City, the Sanitation District must obtain building permits for all new nontreatment plant buildings and improvements to existing buildings at Plant No. 1. The Sanitation District has not paid the appropriate development fees for three existing unpermitted buildings. Under the proposed Agreement, the Sanitation District will pay the development fees associated with the buildings. The proposed development fees are based on the actual cost at the time of construction, not the current cost to construct the buildings. Development fees are used by the City to mitigate impacts caused by the proposed work. Public agencies are typically subject to these fees. As an example, the Orange County Water District recently paid a development fee associated with their new laboratory. Obtaining a building permit for existing unpermitted buildings would include opening walls and reinspecting the original construction to determine whether the buildings were built to meet the building code requirements that existed at the time of construction. This "deconstructive testing' would be costly, disruptive, and impractical for some of our buildings. In lieu of"deconstructive testing,"the City has proposed an Agreement to allow issuance of building permits for needed modifications to existing buildings, provided that the District agrees to hold the City harmless for any problems that may arise related to the unpermitted buildings. This potential liability for the City was not addressed under the 1992 Agreement. MAE:JDH:ct:gc HAntgloballAgenda Draft ReportatBoard of Dimton\FV Building Agnement.cm F..No.13VN02¢ a 0&01N1 Page 2 Book Page 8 STEERING COMMITTEE Mmfing Dale To Bd.of Dir. to/22,08 AGENDA REPORT Item Number Iem Numbe 3 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 COMMITTEEIBOARD ACTIONS None ADDITIONAL INFORMATION Federal Legislative Report Eric Sapirsteln! ENS Resources and John Freshman,Troutman Sanders Summary of events This month, the Capitol has been hyperkinetic as Congress rushed to complete the Wall Street rescue plan then adjourn until the middle of November. Prior to completing the plan, Congress enacted a continuing resolution to fund the government operations until March 6, 2008. The continuing resolution included three independent appropriations bills for defense, homeland security and veteran's affairs to provide funding for FY 2009. All other spending bills, such as those containing funding for OCSD priority projects,were not completed and funded at the FY 2008 levels(with no earmarks). This was an extraordinary period with the economic crisis and the election consuming all the time and energy available, leaving undone most regular business. As a result, major legislation that was expected to be completed, such as the definition of navigable waters, the reauthorization of the state revolving loan funds, the regulation of perchlorate in drinking water and the sewage overflow right-to-know legislation was not completed. The Senate, however, has left some legislation on the table, which is likely to bring them back to Washington after the election. There is a chance of some activity later in the year such as a stimulus package (including infrastructure funds) and spending bills. Stimulus on the horizon? The collapse of Wall Street and the global markets has reignited congressional efforts to develop a package of financial assistance to address the downturn. Originally targeted at about S50 billion, the proposed stimulus package has grown to approximately $150 billion. Legislative leaders have indicated that the new proposed package would be aimed at state and local F.No owt., n `q -W R—.01N 7 Page 1 Book Page 9 governments for infrastructure. Whether the bills will fund individual projects or simply provide block grants to stales remains to be seen. Regardless, it is clear that this issue will dominate the lame duck session that begins on November 17. Staff will be working with the Congressional delegation on the development of this package. State Legislative Report Chris Townsend and Heather Dion, Townsend Public Affairs Political Highlights Following the Legislature's adjournment in late September, Sacramento has shifted their focus towards the November elections. Almost immediately after Legislators left town to campaign for the upcoming elections, the State Controller reported that California is already running a deficit. State revenues are over$1 billion less than anticipated and many agree that the recently adopted budget is already$5 to $13 billion in the red. Additionally, the current problems on Wall Street and the credit lending have California officials worried that the State may run out of cash. On October 8 and 9, the Governor and Legislative leaders met to discuss the situation and the Governor is preparing a list of emergency budget cuts totally$3 billion. The State is also looking for about $4 billion in short-term loans to deal with the cash flow crisis. There may be a special session (called by the Governor) to deal with the pending problem, although this is highly unlikely anytime soon. Activities for this month: • TPA continues to meet with Assembly Speaker Bass to schedule a GWR system tour, possibly in mid-November or December. • TPA worked with OCSD staff to support SB 1XX, which is an appropriation bill to fast-track funding for water bonds passed by the voters (Props 13, 50, 84). This bill was signed by the Governor. The bill contains$35 million in IRWMP planning funds and $100 million in implementation funding that will be administered and distributed in FY 09-2010. Wastewater projects are eligible to compete for this funding. JR:mg F"No.W IMA Aga^ Re -sC ReviuE ovoaa� Page 2 Book Page 10 2008 Legislative Tracking Bill Number Summary Position* Status AB 642 (Wolkl Design-build authority for water and wastewater agencies and cities/counties that provide these Watch To Govemor- services. Signed Into Law AB 983(Mal This bill provides that there is an implied warranty in the accuarcy and completeness of the plans Oppose To Governor- and specificiations. The bill shifts the burden to the agency if something wrong occurs after the Vetoed completion of the project and the contractor could claim error in the plan, rather than construction. AB 2654 Implements the Water Quality and SupplyBond Act of 2006 to include wastewater treatment as Support To Governor- Huffman eligible for funding under the Integrated Regional Water Management Plans. Incorporated in SB Signed Into 1xx Law AB 1978 (Solorio) Sponsored by the County of Orange. Bill clarifies that that GIS and mapping data will be subject to Support Died same public records act laws as computer software and not subject to public records rules and Smay be sold for non-commercial use r. d AS 2270(Laird) Promotes greater water recycling and allows wastewater treatment agencies to regulate water Support To Governor- softeners for the purpose of reducing salts in the wastewater supply. Vetoed All 2716 (Mal Mandates sick leave for all employees working seven or more days in a year(bill written to include Oppose Died all part-time employees)and applies to both public and private sector. AB 2986(Leno) Requires the State Water Resources Control Board to review, grade and monitor sewage Oppose To Governor- treatment plants, including collection systems. Allows the Water Boards to impose fees to finance Vetoed the program. SB 1176(Peratal A redo of Perata's SB 1001 last year(vetoed by the Governor). This bill makes changes to the Oppose Died Regional Water Quality Control Board membership, including lowering the number of members from nine to seven.Amended into AB 2769(Levine) Fan No.Dwroar A P.NrI-Sc e ..a 01m Page STEERING COMMITTEE rdeefMg Date To Ba.d Dir. AGENDA REPORT loi2z-os Item N ber Ifem N ber Orange County Sanaahon District I® Research& Development FROM: James D. Ruth, General Manager Originator: James D. Herberg, Director of Engineering SUBJECT: REPUBLIC OF (SOUTH) KOREA ENVIRONMENTAL MANAGEMENT CORPORATION GENERAL MANAGER'S RECOMMENDATION Information only SUMMARY • The General Manager will be executing a "no cost" Memorandum of Understanding (MOU) with the Environmental Management Corporation (EMC). The Environmental Management Corporation (EMC) is a non-profit public organization under the Republic of(South) Korea's Ministry of Environment, and oversees projects and activities for pollution control and environmental protection. • The EMC is particularly interested in cooperating with the Orange County Sanitation District (OCSD), and similar agencies in the United States, related to advanced technology in the field of wastewater treatment & quality management. This includes efforts like the Groundwater Replenishment System project, treatment strategies for emerging chemical of concerns, biosolids management issues, and other emerging topics in advanced wastewater treatment. • This MOU focuses on several key areas including; exchange of information, exchange of technology, joint research and cooperative projects, and future visits to OCSD. • Since OCSD will not bear any additional costs as a result of the execution of this MOU, General Counsel has determined that the General Manager has the authority to execute the agreement. ADDITIONAL INFORMATION None ATTACHMENT MOU Agreement JB:sa H:Weptlagemia\Steering Canmilleet200811008gtem 4.Korea EMC MOU.eocx Page 1 Book Paee 12 MEMORANDUM OF UNDERSTANDING between THE ENVIRONMENTAL MANAGEMENT CORPORATION, THE REPUBLIC OF KOREA and ORANGE COUNTY SANITATION DISTRICT To facilitate the sharing of information and technology, the Environmental Management Corporation, the Republic of Korea (EMC) and the Orange County Sanitation District (OCSD), in recognition of the growing importance of a sustainable environment, agree to to cooperate under the terms of this Memorandum of Understanding(MOU)as follows: ARTICLE 1. OBJECTIVES AND PRINCIPLES The objective of this Memorandum of Understanding is to strengthen relations between the EMC and OCSD by sharing information and technology. This MOU, however, shall not create any additional contractual rights, financial commitment, or other obligations for the parties. Any details related to technical exchanges and cooperative activities outside the scope of this MOUS shall be determined through mutual consent and agreement ARTICLE 2. CONTENTS OF COOPERATION I. Exchange of Information a) As appropriate, the parties will exchange publications, reports and other related reference materials that have been published by either agency. b) Both agencies will make available, as appropriate, requested information and related materials. 2. Exchange of Technology a) As appropriate, the parties will exchange technological information in those areas of mutual interest. b) Both agencies will invite the other to hosted training seminars and workshops, as appropriate, and provide technical assistance, expertise and technology as needed or requested. 3.Joint research and cooperation projects a) To the extent practicable, the agencies will conduct joint research projects and programs. b) The Parties will make an effort to search for and implement mutual cooperation projects linked with international organisations and/or aid agencies. 4. In order to acquire technical skills and trening, the EMC shall send staff to OCSD,as agreed upon by both agencies. Book Page 13 IN WITNESS WHEREOF, duly executed and agreed, this 261h day of August, 2008. This MOU shall be executed in two (2) copies (in English) with each version being equally authentic. August 26, 2008 August 26, 2008 For: For: Environmental Management Corporation Orange County Sanitation District ----—------------------'----— -----------'------'--- Joo Suk Son Jim Ruth Chairman General Manager Book Page 14 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