HomeMy WebLinkAbout2009-03 MINUTES OF STEERING COMMITTEE MEETING
Orange County Sanitation District
Wednesday, March 25, 2009, at 5:30 p.m.
A meeting of the Steering Committee of the Orange County Sanitation District was held on
Wednesday, March 25, 2009, 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: Jim Ruth, General Manager
Doug Davert, Chair Bob Ghirelli, Assistant General Manager
Larry Crandall, Vice Chair Nick Arhontes, Director of Operations and
Bill Dalton, Operations Committee Chair Maintenance
Mark Waldman, Administration Committee Jim Herberg, Director of Engineering
Chair Ed Torres, Director of Technical Services
Jim Ferryman Lorenzo Tyner, Director of Finance and
Phil Luebben Administrative Services
David Shawver Michael Gold, Legislative Affairs Liaison
Penny Kyle, Clerk of the Board
DIRECTORS ABSENT: Ryal Wheeler
N/A Juanita Skillman
OTHERS PRESENT: THE EECCO IN THE OFFICE OF
Brad Hogin, General Counsel 0 THE COUNTYRK?,F THE BOARD
Drew Kolosky, Liberty Compost
APR 2 2 2009
PUBLIC COMMENTS gy.
There were no public comments
REPORT OF THE COMMITTEE CHAIR
Doug Davert, Board Chair, reported that he would be traveling to Washington, DC, to accept
awards for the Groundwater Replenishment System from the American Society of Civil
Engineers and the American Council of Engineering Companies. It was also announced that
another Groundwater Replenishment System award will be presented mid-July by the National
Association of Clean Water Agencies in Milwaukee, Wisconsin. He reminded the Directors that
the Steve Anderson Lift Station Dedication would take place on April 17, 2009.
REPORT OF GENERAL MANAGER
Jim Ruth, General Manager, provided a brief recap of his monthly written report.
Minutes of the Steering Committee
March 25, 2009
Page 2
REPORT OF GENERAL COUNSEL
There was no report.
ACTION ITEMS (1-2)
1. MOVED, SECONDED AND DULY CARRIED: Approve minutes of the February 25,
2009 Steering Committee meeting.
2. a) MOVED, SECONDED AND DULY CARRIED: Direct staff to initiate discussions
with the City of Newport Beach to transfer the Balboa Trunk Sewer System to the
City: and,
b) Direct staff to continue to explore new opportunities to transfer additional local
sewer assets to the City of Newport Beach.
INFORMATION ITEMS (3)
3. Legislative Affairs Report—Government Affairs Manager, Michael Gold, informed the
Steering Committee about OCSD's support for AB 1100 by Assembly Member Mike
Duvall. This bill would allow the bottling of recycled water, such as GAR water, for
educational and demonstration purposes only.
Gold also discussed the status of the economic stimulus funds for wastewater
infrastructure. He stated that the State Water Resources Control Board adopted a
resolution specifying that 65% of the $280 million would be made available as grants to
disadvantaged communities and projects that were supposed to receive bond funding
but were frozen due to lack of bond sales. The remaining 35% of the funds would be
distributed as loans to agencies through the Clean Water State Revolving Loan Fund
(SRF) program.
Under these guidelines, OCSD would not be eligible to receive any grant funds.
Gold also reported that a coalition or urban wastewater agencies, including San
Francisco, Los Angeles City and County, Oakland and Orange County, have been
working to change the criteria so that all economic stimulus funds would be distributed
as grants and our efforts focused on a bill moving quickly through the legislature. He
said the bill would be taken up on March 26.
01nutes of the Steering Committee
March 25, 2009
Page 3
CLOSED SESSION
There was no closed session.
ADJOURNMENT
The next Steering Committee meeting is scheduled for Wednesday,April 22, 2009, at 5:30 p.m. The
Chair declared the meeting adjourned at 5:17 p.m.
Submitted by:
A
Penny M. &le
Clerk of the Board
FROM SHOWERS
TO THE FLOWERS
11 Orange County's Groundbreaking
Groundwater Replenishment System
Steering COmmittee meeting.
'W' Al ER RE
Atom Ilmled13y
\msen7bINman Alike Duvall
District OOim r', Capitol Office
0 West Birch St.Suite 202 State Capitol,Boom 4177
Brea,CA 92821 Sacramento,CA 95814
(7141672.4734 ' (916) 319-2073
Distributed at
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 25,
2009, was duly posted for public inspection in the main lobby of the District's offices on
March 18, 2009.
IN WITNESS WHEREOF, I have hereunto set my hand this 18th day of March,
2009.
Penny M. KAA, C er f this Board
Board of Directors
Orange County Sanitation District
H:1DEPTCAKX15011511aSWORMSWGENDA CERTIFICATION-STEERING COMMITTEE.DOC
M1 5 11
ORANGE COUNTY SANITATION DISTRICT
9
2
O
by lMf. EM1'�M1P
10644 L.Ma Avenue
f4uman Valley L2.
927067016 March 18, 2009
P11 &n S127
Feumtr Velley lit
9272SZ127
wwx.oee&aonn
Phone
(714I 3622411
FeA NOTICE OF MEETING
(714)962UY,6
STEERING COMMITTEE
6eNng
a,aha...
6,vs
a,.ana Pe,i ORANGE COUNTY SANITATION DISTRICT
Lyp,.
fp.nun1 vah,
f Pa,mn WEDNES DAY, MARCH 25, 2009 — 5:30 P.M.
Ge den Grove
Pon ngtanaaauh ADMINISTRATIVE OFFICES
e„na 10844 ELLIS AVENUE
La Hahra FOUNTAIN VALLEY, CALIFORNIA 92708
Le Pala WwW.00SD.COM
Loa Alemma
Waw l Rna.:h
0,txA4e
PI„,:enha A regular meeting of the Steering Committee of the Orange
Sen.k. County Sanitation District will be held at the above location, date
seelae.,,l, and time.
S anlnn
L.scn
✓Na PaM
M w Lnme
!]>sre Mace
sa'x 'D,sr n:r
Mdway uty
Sene.'U,se,'I
IMne Ranh
We.oaa,ti t
Geunty at nge
We pmtect pubic heaM and Me enWmnment by providing aft=a waeunvaar colleduan. deeMent,and re ahng.
STEERING COMMITTEE AND BOARD
MEETING DATES
March 25, 2009
April 22, 2009
*May 20, 2009
June 24, 2009
July 22, 2009
August 26, 2009
September 23, 2009
October 28, 2009
'November 18, 2009
'December 16, 2009
January 27, 2010
February 24, 2010
-Meetings being held the third Wednesday of the month.
STEERING COMMITTEE
(1) Roll Call:
Meeting Date: March 25, 2009 Meeting Time: 5,30 mat.
Committee Members
Doug Davert, Board Chair................................................... ...........
Larry Crandall, Vice Chair................................................... ..........
Mark Waldman, Administration Committee Chair................ ...........
Bill Dalton, Operations Committee Chair............................. ...........
JimFerryman...................................................................... ...........
_
PhilLuebben....................................................................... ...........
DavidShawver.................................................................... ...........
Others
Brad Hogin, 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 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 25, 2009 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
REPORT OF GENERAL COUNSEL
ACTION ITEMS (1-2)
1. Approve minutes of the February 25, 2009 Steering Committee meeting.
2. a) Direct staff to initiate discussions with the City of Newport Beach to
transfer the Balboa Trunk Sewer System to the City; and,
b) Direct staff to continue to explore new opportunities to transfer additional
local sewer assets to the City of Newport Beach. (Book Page 7)
INFORMATION ITEMS (3)
3. Legislative Affairs Report- Gold (Book Page 11)
Book Page I
March 25, 2009
CLOSED SESSION
During the course of conducting the business set forth on this agenda as a regular meeting of the Steering
Committee,the Chair may convene the Committee in closed session to consider matters of pending real
estate negotiations,pending or potential litigation,or personnel matters, pursuant to Government Code
Sections 54956.8.54956.9. 54957 or 54957.6,as noted.
Reports relating to(a)purchase and sale of real property:(b)matters of pending or potential litigation; (c)
employment actions or negotiations with employee representatives;or which are exempt from public
disclosure under the California Public Records Act, may be reviewed by the Directors during a permitted
closed session and are not available for public inspection. At such time as final actions are taken by the
Board on any of these subjects,the minutes will reflect all required disclosures of information.
Convene in closed session, if necessary.
Reconvene in regular session.
Consideration of action, if any, on matters considered in closed session.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY
ADJOURNMENT
The next Steering Committee meeting is scheduled for April 22, 2009 at 5:30 p.m.
Book Page '_'
March 25, 2009
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 item, 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, California.
Items Not Posted: In the event any matter not listed on this agenda is proposed to be submitted to the
Committee for discussion and/or action, it will be done in compliance with Section 54954.2(b) as an
emergency hem or because there is a need to take immediate action,which need came to the attention of the
Committee subsequent to the posting of agenda, or as set forth on a supplemental agenda posted in the
manner as above, not less than 72 hours prior to the meeting date.
Public Comments: Any member of the public may address the Steering Committee on speck 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. Al 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 Ai ioumment: 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: Doug Daven (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: pkvlefdpcsd.wm
Book Page 3
MINUTES OF STEERING COMMITTEE MEETING
Orange County Sanitation District
Wednesday, February 25, 2009, at 5:30 p.m.
A meeting of the Steering Committee of the Orange County Sanitation District was held on
Wednesday, February 25, 2009, at 5:30 p.m., in the Districts Administrative Office.
A quorum was declared present, as follows:
STEERING COMMITTEE MEMBERS: STAFF PRESENT:
DIRECTORS PRESENT: Jim Ruth, General Manager
Doug Davert, Chair Bob Ghirelli,Assistant General Manager
Larry Crandall, Vice Chair Nick Arhontes, Director of Oper. & Maintenance
Bill Dalton, Operations Committee Chair Jim Herberg, Director of Engineering
Mark Waldman, Administration Committee Ed Torres, Director of Technical Services
Chair Lorenzo Tyner, Director of Finance and
Jim Ferryman Administrative Services
Phil Luebben Michael Gold, Legislative Affairs Liaison
David Shawver John Linder, Engineering Manager
Jim Burror, Engineering Supervisor
DIRECTORS ABSENT: Lilia Kovac, Associate Clerk of the Board
NIA Ryal Wheeler
OTHERS PRESENT:
Brad Hogin, General Counsel
Drew Kolosky, Liberty Compost
Alex Gima, DWP
Charlie Dong, DWP
Victor Ybarra, DWP
PUBLIC COMMENTS
Mr. Drew Kolosky from Liberty Compost, addressed the committee members with reference to
an offer to purchase the Sanitation District's Kings County property with the option to receive
biosolids at a reduced rate as part of the property sale. Staff answered questions raised by
Directors, and outlined the long-term sustainable biosolids program the Sanitation District has in
place.
REPORT OF THE COMMITTEE CHAIR
Board Chair Davert and Vice Chair Crandall reported on the delegation trip to Washington, D.C.
to address the FY 2010 appropriation bill. Chair Davert announced the Sanitation District will be
receiving a $300,000 grant from the EPA for secondary treatment. The Steve Anderson Lift
Station is scheduled to be dedicated Friday, April 17. 2009 from 10:30 a.m. to 1:00 p.m.
Book Page 4
Minutes of the Steering Committee
February 25, 2009
Page 2 \
REPORT OF GENERAL MANAGER
Jim Ruth, General Manager, reported the start of the budget preparation cycle and deferred an
overview of proposed budget assumptions to Lorenzo Tyner, Director of Finance and
Administrative Services.
Mr. Ruth provided a brief monthly report. He also announced that the grand opening of the
biosolids processing plant in Rialto is scheduled for early May.
REPORT OF GENERAL COUNSEL
Brad Hogin, General Counsel, reported there would be a hearing on Kern County's Measure 'E',
which bans the application of biosolids in the county, scheduled in the Los Angeles Supreme Court
on Monday, March 2, 2009, with a decision expected within two months from the date of hearing.
ACTION ITEMS(1 -3)
1. MOVED, SECONDED AND DULY CARRIED: Approve minutes of the January 28, 2009
Steering Committee meeting.
2. MOVED, SECONDED AND DULY CARRIED: Recommend to the Board of Directors to
adopt the 2009 Legislative Platform and Goals.
3. MOVED, SECONDED AND DULY CARRIED: Direct staff to proceed with
recommendations of the Steering Committee in connection with a letter dated
December 10, 2008, from the Los Angeles Department of Water and Power, requesting
an Out-of-Area Sewer Service Agreement for the Haynes Power Generating Plant.
Staff was directed to proceed with LADWP term negotiations for the Out-of-Area Sewer
Service working agreements based on recommended business operating procedures,
and to bring to the full board for final approval.
INFORMATION ITEMS(4)
4. Legislative Affairs Report—Gold
Michael Gold reviewed the basic contents of the proposed economic stimulus and recovery
package with the water and wastewater related funds; however, details on how to access funds
have not been identified. Mr. Gold also reported the contents of the State budget, and due to
the alliance with other special districts, funds were not taken away at this time.
Book Page 5
Minutes of the Steering Committee
February 25, 2009
Page 3
CLOSED SESSION (5)
CONVENE IN CLOSED SESSION TO GOVERNMENT CODE SECTION 54956.9(cl: The
Steering Committee convened in closed session at 6:22 p.m.to discuss one matter.
Confidential Minutes of the Closed Session held by the Steering Committee have been
prepared in accordance with Government Code Section 54957.2, and are maintained by the
Clerk of the Board in the Official Book of Confidential Minutes of Board and Committee Closed
Meefings.
The Steering Committee reconvened at 6:26 p.m. in regular session.
ADJOURNMENT
The next Steering Committee meeting is scheduled for Wednesday, March 25, 2009, at 5:30 p.m.
The Chair declared the meeting adjourned at 6:27 p.m.
Submitted by:
Lilia Kovac
Associate Clerk of the Board
Book Page 6
STEERING COMMITTEE Me Ung Date To Ed.of Dir.
03/25/09
AGENDA REPORT Item Number Item Number
2
Orange County Sanitation District
FROM: James D. Ruth, General Manager
Originator: Nick Arhontes, Director of O&M
SUBJECT: Transfer Sewer Systems to City of Newport Beach
GENERAL MANAGER'S RECOMMENDATION
(1) Direct staff to initiate discussions with the City of Newport Beach to transfer the
Balboa Trunk Sewer System to the City; and
(2) Direct staff to continue to explore new opportunities to transfer additional local
sewer assets to the City.
SUMMARY
The Balboa Trunk Sewer System exclusively serves the local collection and
conveyance of wastewater within the City of Newport Beach along the Balboa
Peninsula. The Balboa Trunk Sewer System begins at "A" Street in Balboa Blvd. Loral
facilities upstream of"A" Street and other parts of this System are owned and operated
by the city which is the local sewering agency. From "A" Street, flows travel
northwesterly along the Balboa Peninsula, continuing into Newport Blvd. and
subsequently connect into OCSD's Regional Coast Highway Force Main. Only upon
reaching the Coast Highway Force Main system does the local flow from the peninsula
combine with the regional flow from Costa Mesa and other parts of Newport Beach.
Flows are considered regional at that point and downstream to Plant No. 2 as they
comingle with additional Costa Mesa flows.
By OCSD definition, since the Balboa Trunk Sewer System conveys only local sewage
within the City of Newport Beach, it would be considered a Local Sewer System rather
than a Regional Sewer System. The city owns and operates numerous facilities as the
local sewering agency on the peninsula and in all other parts of the city. OCSD's
records show that the city owns and operates approximately 202 miles of sanitary sewer
lines and also pumping facilities at 22 locations.
Staff recommends that the Balboa Trunk Sewer System should be transferred to the
City of Newport Beach which is the local sewering agency. This would free up OCSD
labor and resources for expanding core business needs in the regional collection and
treatment facilities.
The Balboa Trunk system is the first and most logical component to transfer back. In
addition, several miles of other OCSD facilities that provide only local sewer collection
and transport should also be evaluated in the future. This can be done on a phased
approach as staff time becomes available to explore the additional issues more fully.
Fonn No.04 =-i npwW Pepin-SC
flwiW:01N}G]
Page 1
Book Page 7
Staff will utilize General Counsel to review any legal basis that might prohibit or
complicate the recommended transfer. The General Counsel will also work with staff to
develop the actual transfer agreement as they have on previous transfers to other cities
and sewering agencies.
PRIOR COMMITTEEIBOARD ACTIONS
On this matter: none
On matters related to complying with statewide Waste Discharge Requirements for
Sanitary Sewers:
October 25, 2006— Compliance with new Statewide WDR Order for Sanitary Sewers.
July 12, 2007— Sewer System Management Plan (SSMP) Development Plan and
Schedule document.
ADDITIONAL INFORMATION
In 1956, County Sanitation District No. 5, for reasons unknown by current staff,
purchased the Balboa Trunk Sewer System from the City of Newport Beach for
$35,850.75. At that time, the newly formed Sanitation Districts made a number of
sewer purchases from various cities across the service areas. Since the purchase,
OCSD has and continues to operate and maintain the Balboa Trunk Sewer System.
Description of Assets.
The Balboa Trunk Sewer System's assets include:
• Three Pump Stations: "A" Street, 151h Street, and Lido
• Force Mains (pressure sewers): A total of 1,089 linear feet which range from 8" to
30" in diameter Ductile Iron Pipe (DIP). 259 linear feet up to Lido Pump Station
and 830 linear feet from Lido Pump Station to the connection of Coast Highway
Force Main.
• Gravity Sewers: 13,381 linear feet of Vitrified Clay Pipe (VCP). The pipe inside
diameter ranges from 15 inches to 24 inches
• Manholes: 46 manholes and 2 junction boxes
In 2006, the construction of two replacement pump stations was completed by OCSD
along the Balboa Peninsula in Newport Beach. The new"A" Street pump station was
brought into service July 26, 2006 and replaced the old "A" Street pump station which
was abandoned November 11, 2006. The new 15" Street pump station was brought
into service August 26, 2006 and replaced the old 141h Street pump station which was
abandoned December 11, 2006. The construction cost for the two new pump stations
was approximately $6 million apiece. Additionally, the current Lido pump station was
brought into service in 1998 as a part of a city roadway widening and realignment
project and replaced the previous below grade Lido pump station.
The cost to operate the three pump stations in FY 07/08 was $141,224 and the cost for
the first half of FY 08/09 (through December 31, 2008)was $90,283. The annual cost to
maintain the gravity sewers and manholes is currently estimated at approximately
$8,000 per year.
Form No.DwoID , aaeneo eee"n-sc
R—ee.01NN07
Page 2
Book Page 8
Regional facilities typically transport combined flows from two or more cities. OCSD's
regional ratepayers could argue that their regional sewer user fees are subsidizing the
local sewer systems in the city of Newport Beach.
Within the next 5 years several major projects are anticipated within the Balboa Trunk
Sewer System. Serious Inflow and Infiltration (IA) has been indented within the
OCSD's gravity sewers as well as in the city's sewers that flow into the Balboa trunk line
and along the Balboa Peninsula. Additionally, the pumps and piping at Lido Pump
Station will need to be replaced to prevent serious corrosion failures due primarily to the
large volume of seawater infiltration. This also contributes to odor problems along the
peninsula. Odor and corrosion mitigation programs will also need to be established and
funded.
The basis for OCSD establishing a new local sewer fee for a part of the city of Tustin
and unincorporated areas and islands north of Tustin in 2008 was due to no local
sewering agency existing in those particular areas other than OCSD. In the City of
Newport Beach, a local sewer service agency exists, which is the city.
A report developed by O&M staff titled Transfer of the Balboa Trunk Sewer System
dated March 5, 2009 provides the content for this Agenda Report. Precedence for this
recommended action exists with prior transfers of local sewers in the Irvine Business
Complex to Irvine Ranch Water District and also in several transfers of local sewers to
the Costa Mesa Sanitary District. The General Counsel also assisted in these matters.
The transfer would include all related asset data, drawings, maintenance records, and
spare parts.
Attachments:
Map titled Balboa Trunk Sewer System - Revision 1/30/09
Form No.m ,ov M rare+-Sc
a —o mmas7
Page 3
Book Page 9
01 a2ud 31002
8 R R
?
CD
!It
0
® \ ^ �\ ; d:
it
cf)
liv CD
. %$ C � � ^ � � \ �CD
cn
CD
STEERING COMMITTEE neeu tiaw� To eO.of Dlr.
03/25/2009
AGENDA REPORT IIem Number Iem Numbe
Orange County Sanitation District 3
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
On March 12, 2009, President Obama signed the fiscal year 2009 omnibus budget bill, which
was a carryover from the previous Congress. The bill contained a$300,000 grant for OCSD to
assist with secondary treatment upgrades. The funds will probably be available in late 2009 or
early 2010.
On to business
With the 2009 budget put to rest, Congress has been working on regular business, including
legislation and the 2010 budget. For FY 2010, OCSD has been working with legislators on
additional money for secondary treatment($5 million).
On the legislative front, Climate Change is a hot topic in Congress with Senators Boxer,
Lieberman and Warner expected to reintroduce their cap and trade legislation. OCSD has been
working with CASA on a special exemption for public utilities because the costs associated with
a rap and trade system could be quite high for our agency. Generally, there is support for
special carve-outs for public utilities but the details are yet to be determined.
Other key legislative matters for the year include a possible reauthorization of the Clean Water
Act and another attempt at addressing the definition of the Waters of the United States. The
Waters of the US issue is critical to wastewater treatment agencies because inclusion means
greater regulation.
Briefly, the issue is that there have been two Supreme Court cases defining Waters of the
United States and which waterways fall under the jurisdiction of the Clean Water Act, Those
Fp No.DWn02n �Report-$c
Page 1
Book Page I I
bodies that are part of the Clean Water Act need to get federal NPDES permits(for example) if
they discharge into the waterway.
The Supreme Court Cases narrowed the definition of Waters of the United States and now
Congress wants clearly define these waters. While this is a complex issue,for the wastewater
community, the main goal is to exempt things like groundwater and holding ponds (for
treatment)from regulation.
Staff will be monitoring these issues closely.
CASA Washington, D.C. conference summary
On March 8-11, Michael Gold attended the CASA Washington, D.C. conference to learn about
federal issues and priorities and attend meetings on Capitol Hill. Overall, the conference
sessions were very informative with subjects ranging from climate change and pharmaceutical
disposal to infrastructure funding.
Over the course of the trip, staff met with representatives from the offices of Congressman
Miller, Congresswoman Sanchez and Congressman Royce, and directly with Congressman
Rohrabacher and Congressman Calvert.
State Legislative Report
Chris Townsend and Heather Dion, Townsend Public Affairs
With a mid-year budget in place, the Legislature has turned its attention and focus towards
it regular business of legislation. The deadline for bill introduction was February 27 and
following that date, hundreds of bills crossed the clerk's desk. TPA is currently sorting
through these bills to determine what might be relevant to OCSD.
Part of the deal to pass the mid-year budget included a number of ballot measures that will
be part of a special election called for May 19, 2009. Recent polling has indicated that
these measures face an uphill battle, but it is still too early to tell. Most important, however
is that should the ballot measures fail, California will face an immediate $5.8 billion shortfall,
setting up another partisan fight over taxes and spending.
The special election, for May 19, 2009, will ask voters to consider six measures:
• Proposition 1A: Implements a spending cap based on the rate of growth from the last
10 years. If approved, it would extend the length of the taxes approved by the
Legislature.
• Proposition 1 B: Changes the state's education funding law for supplemental
education payments to local districts due to recent budget cuts.
• Proposition 1C: Allows borrowing from future lottery earnings.
• Proposition 1 D: Takes money from the First 5 Commissions to help balance the
budget.
• Proposition 1 E: Takes money from the Mental Health Services Act to help balance
the budget.
• Proposition 1 F: Prevents state-level elected officials from receiving pay raises in
years when the state is running a deficit. Prop 1A
In addition to the measures on the May special election ballot, the Legislative Analyst Office
released a report this week detailing the impacts that the federal stimulus package will have
F009 No 102{ Agw,a,R -56
Nwee101N 7
Page 2
Book Page 12
on California. Part of mid-year budget made the assumption that California will receive
about$10 billion in stimulus funding; however since California received only $8 billion
additional tax Increases and spending cuts will be put into effect.
i
Activities for the Month
• TPA has been working to modify the draft guidelines proposed by the State Water
Resources Control Board to allocate the federal stimulus dollars that will be
distributed through the Clean Water Revolving Loan Fund Program. We are working
not only at the state level to address this issue, but also with Senator Feinstein. The
Senator Chairs the subcommittee that oversees EPA, which is the federal
administering agency of the Clean Water Revolving Loan fund and the agency which
must ultimately sign off on the State Water Resources Control Board's plan to
expend the funds.
• TPA is also working with OCSD to advocate for the District's projects that were
submitted through the Clean Water Revolving Loan Fund. The cutoff date for these
projects is March 24 and OCSD staff has already submitted the pre-applications.
• TPA has arranged for and will attend a joint OCSD and OCWD meeting with newly
elected Senator Huff staff to brief them on current issues.
• TPA is monitoring proposed legislation that would impact the District.
Ang
Fam No.MIN-t /pmNeN -Sc
PwYaO:St/060
Page 3
Book Page 13
ORANGE COUNTY SANITATION DISTRICT
(714) 962-2411
www.ocsd.corn
Mailing Address:
P.O. Box 8127
Fountain Valley, California
92728-8127
Street Address:
10844 Ellis Avenue
Fountain Valley, California
92708-7018