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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.