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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. �
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NAME: (please print) zC W ko/o-&/C y
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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
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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
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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.
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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