HomeMy WebLinkAbout05-27-2015 Steering Committee Agenda Packet.pdf Orange County Sanitation District Wednesday, May 27, 2015
Regular Meeting of the A
5:00 P.M.
Steering Committee Administration Building
Conference Rooms A& B
10844 Ellis Avenue
Fountain Valley, CA 92708
+ (714) 593-7433
AGENDA
DECLARATION OF QUORUM:
PUBLIC COMMENTS: If you wish to speak, please complete a Speaker's Form and give it to the
Clerk of the Board. Speakers are requested to limit comments to three minutes.
REPORTS: The Committee Chair and the General Manager may present verbal reports on
miscellaneous matters of general interest to the Directors. These reports are for information only and
require no action by the Directors.
CONSENT CALENDAR:
1. A. Approve Minutes of the April 16, 2015 Special Steering Committee
Meeting; and
B. Approve Minutes of the April 22, 2015 Regular Steering Committee
Meeting.
NON-CONSENT ITEMS:
None.
INFORMATION ITEMS:
None.
05/27/15 Steering Committee Agenda Page 1 of 3
CLOSED SESSION:
During the course of conducting the business set forth on this agenda as a regular meeting of the
Board, the Chair may convene the Board in closed session to consider matters of pending real estate
negotiations, pending or potential litigation, or personnel matters, pursuant to Govemment 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 Board during a permitted
closed session and are not available for public inspection. At such time as the Board takes final action
on any of these subjects, the minutes will reflect all required disclosures of information.
Convene in closed session.
(1) CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION
(Government Code Section 54956.9(d)(1))
Number of Potential Cases: 3
Klean Waters, Inc. v. Orange County Sanitation District, United States
District Court, Central District of California, Southern Division, Case No.
8:15-cv-00627-JVS-FFM
Alex Shaaban v. Orange County Sanitation District, Orange County
Superior Court, Case No. 30-2014-00714555
Kelly Ross v. Orange County Sanitation District, Orange County Superior
Court, Case No. 30-2014-00714553
Reconvene in regular session.
CONSIDERATION OF ACTION ON MATTERS CONSIDERED IN CLOSED SESSION,
IF ANY:
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA
ITEMS, IF ANY:
O5/27/15 Steering Committee Agenda Page 2 of 3
ADJOURNMENT:
To the Steering Committee meeting scheduled for Wednesday, June 24, 2015,
at 5:00 p.m.
Accommodations for the Disabled: Meeting Rooms are 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)593-7433 at least 72 hours prior to the scheduled meeting. Requests must specify the nature of the disability
and the type of accommodation requested.
Agenda Posting: In accordance with the requirements of California Government Cade Section 54954.2,this agenda
has been posted outside the main gate of the Sanitation District's Administration Building located at 10844 Ellis
Avenue, Fountain Valley, California,and on the Sanitation District's website at www.ocsd.com,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 the Board of Directors,are available
for public inspection in the office of the Clerk of the Board.
NOTICE TO DIRECTORS: To place items on the agenda for the Committee Meeting, items must be submitted to the
Clerk of the Board 14 days before the meeting.
Kelly A. Lore
Clerk of the Board
(714)593-7433
klore(olocsd.com
For any questions on the agenda,Committee members may contact staff at:
General Manager Jim Herberg (714)593-7110 iherbem0ocsd.com
Assistant General Manager Bob Ghirelli (714)593-7400 mhirelli(@,ocsd.com
Director of Engineering Rob Thompson (714)593-7310 rthomoson(g),ocsd.com
Director of Facility Support Services Nick Arhontes (714)593-7210 nsrhontes(docsd.com
Director of Finance and Lorenzo Tyner (714)593-7550 Itynerlglocsd.com
Administrative Services
Director of Operations&Maintenance Ed Torres 714 593-7080 etorms omd.com
05/27/15 Steering Committee Agenda Page 3 of 3
ITEM NO. I
MINUTES OF THE
STEERING COMMITTEE SPECIAL MEETING
Orange County Sanitation District
A Special Meeting of the Steering Committee of the Orange County Sanitation
District was called to order by Chair Beamish on Thursday, April 16, 2015 at
3:30 p.m. in the Administration Building of the Orange County Sanitation District.
A quorum was declared present, as follows:
COMMITTEE MEMBERS PRESENT: STAFF PRESENT
Tom Beamish, Chair Bob Ghirelli, Assistant General
Greg Sebourn, Operations Committee Manager
Chair Kelly A. Lore, Acting Clerk of the Board
Keith Curry, Member-At-Large Jim Colston, Environmental Affairs
Steve Jones, Member-At-Large Manager
David Shawver, Member-At-Large Norbert Gaia
Al Garcia
Roya Sohanaki
COMMITTEE MEMBERS ABSENT:
John Nielsen, Vice-Chair
John Withers, Administration OTHERS PRESENT:
Committee Chair Kathy Jenson, Rutan and Tucker,
Independent Counsel to Steering
Committee
Melissa Thorme, Downey Brand
Special Prosecutor for OCSD
(via Teleconference)
Matthew Kaplan, Tucker Ellis LLP,
Counsel for Klean Waters, Tim
Miller and Shaun Miller
(via Teleconference)
Deborah Blanchet, Court Reporter,
Golkow T&C
PUBLIC COMMENT:
None.
Ms. Jenson, Rutan and Tucker, Independent Counsel to Steering Committee, stated
corrections to the Written Determination and Order of Steering Committee that was
delivered to the parties, were submitted by Ms. Thorme and Ms. Jenson. A copy of
the corrected brief was delivered to the Committee.
Minutes of the SPECIAL Steering Committee Meeting
April 16, 2015
Page 2 of 2
Mr. Kaplan, Tucker Ellis LLP, Counsel for Klean Waters, Tim Miller and Shaun
Miller, noted for the record, that he had objected to the corrections being introduced
in an email delivered to Ms. Jenson.
The consensus of the Committee was to allow the suggested changes as introduced
by Ms. Thorme and Ms. Jenson.
NON-CONSENT ITEMS:
1. KLEAN WATERS APPEAL HEARING
MOVED, SECONDED AND DULY CARRIED TO: Adopt the Written
Determination and Order of Steering Committee, as presented, pursuant to
Subpart D of Section 618 of Ordinance OCSD-39, on the appeal of the
December 11, 2014 decision of the Sanitation District's General Manager
James D. Herberg, imposing: 1) a revocation of Industrial Wastewater
Discharge Permit No. 52-1-841, and 2) an administrative civil penalty in the
amount of$1,190,000.
The original order was fully executed and filed with the Clerk of the Board.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA
ITEMS, IF ANY:
None.
ADJOURNMENT:
The Chair declared the meeting adjourned at 3:45 p.m. to a regular Steering
Committee meeting to be held, April 22, 2015 at 5:00 p.m.
Submitted by:
Kelly A. Lore
Clerk of the Board
ITEM NO. 1B
MINUTES OF THE
STEERING COMMITTEE
Orange County Sanitation District
Wednesday, April 22, 2015 at 5:00 p.m.
A regular meeting of the Steering Committee of the Orange County Sanitation
District was called to order by Chair Beamish on Wednesday, April 22, 2015 at
5:02 p.m. in the Administration Building of the Orange County Sanitation District.
A quorum was declared present, as follows:
COMMITTEE MEMBERS PRESENT: STAFF PRESENT:
Tom Beamish, Chair Jim Herberg, General Manager
John Nielsen, Vice-Chair Bob Ghirelli, Assistant General
Greg Sebourn, Operations Committee Manager
Chair Rob Thompson, Director of
John Withers, Administration Engineering
Committee Chair Lorenzo Tyner, Director of Finance &
David Shawver, Member-At-Large Administrative Services
Ed Torres, Director of Operations &
COMMITTEE MEMBERS ABSENT: Maintenance
Keith Curry, Member-At-Large Nick Arhontes, Director of Facility
Steve Jones, Member-At-Large Support Services
Kelly A. Lore, Clerk of the Board
Jennifer Cabral
Ann Crafton
Norbert Gaia
Al Garcia
Stephanie Good
Andrew Nau
Rich Spencer
OTHERS PRESENT:
Brad Hogin, General Counsel
Steve Filarsky, Consultant
Doug Daver, EOCWD
PUBLIC COMMENTS:
None.
REPORTS:
Chair Beamish reported on the following: April 13th Legislative and Public Affairs
meeting, Public Affairs and lobbyists updates; GWRS meeting expansion
04/22/2015 Steering Committee Minutes Page 1 of 6
celebration/ribbon cutting; and Audit Ad Hoc committee meeting, draft audit review,
final report will be presented to the Administration Committee in July.
General Manager Herberg reported briefly on the Klean Waters matter which has
been referred to Federal Court. He stated that staff is carefully monitoring the
situation.
CONSENT CALENDAR:
1. MOVED, SECONDED, AND DULY CARRIED TO:
A. Approve Minutes of the March 25, 2015 Regular Steering Committee
Meeting; and
B. Approve Minutes of the March 27, 2015 Special Steering Committee
Meeting; and
C. Approve Minutes of the April 10, 2015 Special Steering Committee
Meeting.
AYES: Beamish; Nielsen; Seboum; Shawver and Withers
NOES: None
ABSTENTIONS: None
ABSENT: Curry and Jones
2. MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board
of Directors to:
Approve and authorize the execution of the amended compensation
agreement with the City of Garden Grove and other taxing entities within the
meaning of Health and Safety Code Section 34180(f), as required by the
California Department of Finance.
AYES: Beamish; Nielsen; Seboum; Shawver and Withers
NOES: None
ABSTENTIONS: None
ABSENT: Curry and Jones
04/22/2015 Steering Committee Minutes Page 2 of 6
NON-CONSENT CALENDAR:
Director of Facility Support Services Nick Arhontes provided an update as to
the transfer process and the reason for the Amendment.
Chair Beamish stated that the transfer of local sewers is part of the OCSD Strategic
Plan, including this transfer, which was offered to the City of Tustin, and when they
declined, the East Orange County Water District (EOCWD) accepted and began the
application.
Director Withers supported extending the agreement with EOCWD, but stated that
approximately 5 weeks ago, IRWD submitted a competing proposal application for
the transfer as well. It was his understanding that EOCWD withdrew their first
application, made several revisions and recently submitted a new application a few
days ago. He requested that OCSD enter into a similar agreement with IRWD.
Chair Beamish also supports extending the agreement with EOCWD, and stated
that this agreement should be the template terms and conditions for whomever
would be taking over local sewer systems.
Vice-Chair Nielsen, supports the amendment to the agreement. He stated that
OCSD Board of Directors voted and entered into an agreement with EOCWD, they
have spent a great deal of time and money to bring forward to LAFCO, and feels we
should continue to support our original decision and not enter into an agreement
with any other agency.
Doug Davert, Vice President, EOCWD clarified that the original application has been
filed for over a year, never withdrawn, and just recently amended their plan of
service, based upon refined financials with new information received from OCSD.
Discussion ensued.
3. MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board
of Directors to:
Approve first amendment to Agreement with East Orange County Water
District (EOCWD), relating to the proposed transfer of ownership of local
sewers in Service Area 7, and the appropriate reserve balances.
AYES: Beamish; Nielsen; Sebourn; Shawver and Withers
NOES: None
ABSTENTIONS: None
ABSENT: Curry and Jones
04/22/2015 Steering Committee Minutes Page 3 of 6
Assistant General Manager, Bob Ghirelli provided a short presentation on the policy
and selection process of the Honor Walk.
4. MOVED, SECONDED, AND DULY CARRIED TO:
A. Approve nominated retired employees, Jim Ruth and Bill Wallin, as
Honor Walk brick recipients for the year 2015.
B. Consideration of past Board Member Shirley McCracken and former
Board of Director's Legal Counsel, Tom Woodruff as Honor Walk brick
recipients for the year 2015.
AYES: Beamish, Nielsen, Seboum, Shawver and Withers
NOES: None
None
ABSENT: Curry and Jones
Director of Engineering, Rob Thompson provided a short PowerPoint presentation
on this item.
5. MOVED, SECONDED, AND DULY CARRIED TO: Direct the General
Manager to work through the Operations Committee for the decisions
necessary to implement the replacement or retrofit of the Administrative
Facilities including the Administration Building, Human Resources Building,
Laboratory, Fleet Services Buildings, Purchasing Building, and multiple office
trailers at Plant No. 1.
AYES: Beamish, Nielsen, Seboum, Shawver and Withers
NOES: None
ABSTENTIONS: None
ABSENT: Curry and Jones
Labor negotiator, Steve Filarksy stated that this item represents the Board directive
and mirrors the MOU's previously approved for the other bargaining units.
6. MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board
of Directors to:
A. Adopt Resolution No. OCSD 15-10, entitled, "A Resolution of the
Board of Directors of the Orange County Sanitation District approving
04/22/2015 Steering committee Minutes Page 4 of 6
the Memorandum of Understanding between the Orange County
Sanitation District and the International Union of Operating Engineers,
Local 501 (Loral 501), for Fiscal Years 2014/2015 & 2015/2016" and
B. Direct staff to finalize and sign the Memorandum of Understanding
(MOU) between Orange County Sanitation District and the Local 501
bargaining unit.
AYES: Beamish, Nielsen, Seboum, Shawver and Withers
NOES: None
ABSTENTIONS: None
ABSENT: Curry and Jones
INFORMATION ITEMS
None.
CLOSED SESSION
CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE
SECTIONS: 54956.9(d)(1); 54956.9(d)(2); 54956.9(d)(4); and 54957.6
The Committee convened in closed session at 5:25 p.m. to discuss four items.
Confidential minutes of the Closed Session have been prepared in accordance with
the above Government Code Sections and are maintained by the Clerk of the Board
in the Official Book of Confidential Minutes of Board and Committee Closed
Meetings.
RECONVENED IN REGULAR SESSION:
The Committee reconvened in regular session at 5:58 p.m.
CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN
CLOSED SESSION
None.
04/22/2015 Steering Committee Minutes Page 5 of 6
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA
ITEMS, IF ANY:
None.
ADJOURNMENT:
The Chair declared the meeting adjourned at 5:58 p.m. to the next Steering
Committee meeting to be held on Wednesday, May 27, 2015 at 5:00 p.m.
Submitted by:
Kelly A. Lore
Clerk of the Board
04/22/2015 Steering Committee Minutes Page 6 of 6
ORANGE COUNTY SANITATION DISTRICT
Agenda
Terminology Glossary
Glossary of Terms and Abbreviations
AQMD Air Quality Management District
ASCE American Society of Civil Engineers
BOD Biochemical Oxygen Demand
CARB California Air Resources Board
CASA California Association of Sanitation Agencies
CCTV Closed Circuit Television
CEQA California Environmental Quality Act
CRWQCB California Regional Water Quality Control Board
CWA Clean Water Act
CWEA California Water Environment Association
EIR Environmental Impact Report
EMT Executive Management Team
EPA U.S. Environmental Protection Agency
FOG Fats, Oils, and Grease
FSSD Facilities Support Services Department
gpd Gallons per day
GWR System Groundwater Replenishment System (also called GWRS)
ICS Incident Command System
IERP Integrated Emergency Control Plan
LOS Level of Service
MGD Million gallons per day
NACWA National Association of Clean Water Agencies
NPDES National Pollutant Discharge Elimination System
NWRI National Water Research Institute
O&M Operations and Maintenance
OCCOG Orange County Council of Governments
OCHCA Orange County Health Care Agency
OCSD Orange County Sanitation District
OCWD Orange County Water District
GOBS Ocean Outfall Booster Station
OSHA Occupational Safety and Health Administration
POTW Publicly Owned Treatment Works
ppm Parts per million
RFP Request For Proposal
RWQCB Regional Water Quality Control Board
SARFPA Santa Ana River Flood Protection Agency
Glossary of Terms and Abbreviations
SARI Santa Ana River Inceptor
SARWQCB Santa Ana Regional Water Quality Control Board
SAWPA Santa Ana Watershed Project Authority
SCADA Supervisory Control and Data Acquisition system
SCAP Southern California Alliance of Publicly Owned Treatment Works
SCAQMD South Coast Air Quality Management District
SOCWA South Orange County Wastewater Authority
SSMP Sanitary Sewer Management Plan
SSO Sanitary Sewer Overflow
SWRCB State Water Resources Control Board
TDS Total Dissolved Solids
TMDL Total Maximum Daily Load
TSS Total Suspended Solids
WDR Waste Discharge Requirements
WEF Water Environment Federation
WERF Water Environment Research Foundation
Activated-sludge process — A secondary biological wastewater treatment process where bacteria
reproduce at a high rate with the introduction of excess air or oxygen, and consume dissolved
nutrients in the wastewater.
Benthos— The community of organisms, such as sea stars, worms and shrimp, which live on, in, or
near the seabed, also know as the benthic zone.
Biochemical Oxygen Demand (BOD)—The amount of oxygen used when organic matter undergoes
decomposition by microorganisms. Testing for BOD is done to assess the amount of organic matter in
water.
Biosolids — Biosolids are nutrient rich organic and highly treated solid materials produced by the
wastewater treatment process. This high-quality product can be recycled as a soil amendment on
farm land or further processed as an earth-like product for commercial and home gardens to improve
and maintain fertile soil and stimulate plant growth.
Capital Improvement Program (CIP) — Projects for repair, rehabilitation, and replacement of assets.
Also includes treatment improvements, additional capacity, and projects for the support facilities.
Coliform bacteria—A group of bacteria found in the intestines of humans and other animals, but also
occasionally found elsewhere used as indicators of sewage pollution. E. coli are the most common
bacteria in wastewater.
Collections system — In wastewater, it is the system of typically underground pipes that receive and
convey sanitary wastewater or storm water.
Certificate of Participation (COP) —A type of financing where an investor purchases a share of the
lease revenues of a program rather than the bond being secured by those revenues.
Glossary of Terms and Abbreviations
Contaminants of Potential Concern (CPC) — Pharmaceuticals, hormones, and other organic
wastewater contaminants.
Dilution to Threshold (D!f) — the dilution at which the majority of the people detect the odor
becomes the DrT for that air sample.
Greenhouse gases — In the order of relative abundance water vapor, carbon dioxide, methane,
nitrous oxide, and ozone gases that are considered the cause of global warming ("greenhouse
effect").
Groundwater Replenishment (GWR) System — A joint water reclamation project that proactively
responds to Southern California's current and future water needs. This joint project between the
Orange County Water District and the Orange County Sanitation District provides 70 million gallons a
day of drinking quality water to replenish the local groundwater supply.
Levels of Service (LOS)—Goals to support environmental and public expectations for performance.
NDMA— N-Nitrosodimethylamine is an N-nitrosoamine suspected cancer-causing agent. It has been
found in the Groundwater Replenishment System process and is eliminated using hydrogen peroxide
with extra ultra-violet treatment.
National Biosolids Partnership (NBP) — An alliance of the National Association of Clean Water
Agencies (NACWA) and Water Environment Federation (WEF), with advisory support from the U.S.
Environmental Protection Agency (EPA). NBP is committed to developing and advancing
environmentally sound and sustainable biosolids management practices that go beyond regulatory
compliance and promote public participation in order to enhance the credibility of local agency
biosolids programs and improved communications that lead to public acceptance.
Plume—A visible or measurable concentration of discharge from a stationary source or fixed facility.
Publicly-owned Treatment Works (POTW)— Municipal wastewater treatment plant.
Santa Ana River Interceptor (SARI) Line — A regional brine line designed to convey 30 million
gallons per day (MGD) of non-reclaimable wastewater from the upper Santa Ana River basin to the
ocean for disposal, after treatment.
Sanitary sewer — Separate sewer systems specifically for the carrying of domestic and industrial
wastewater. Combined sewers carry both wastewater and urban run-off.
South Coast Air Quality Management District (SCAQMD) — Regional regulatory agency that
develops plans and regulations designed to achieve public health standards by reducing emissions
from business and industry.
Secondary treatment — Biological wastewater treatment, particularly the activated-sludge process,
where bacteria and other microorganisms consume dissolved nutrients in wastewater.
Sludge—Untreated solid material created by the treatment of wastewater.
Total suspended solids (TSS)—The amount of solids floating and in suspension in wastewater.
Trickling filter — A biological secondary treatment process in which bacteria and other
microorganisms, growing as slime on the surface of rocks or plastic media, consume nutrients in
wastewater as it trickles over them.
Glossary of Terms and Abbreviations
Urban runoff — Water from city streets and domestic properties that carry pollutants into the storm
drains, rivers, lakes, and oceans.
Wastewater—Any water that enters the sanitary sewer.
Watershed —A land area from which water drains to a particular water body. OCSD's service area is
in the Santa Ana River Watershed.