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Home My WebLink About2006-12-13CORRECTED MINUTES OF THE REGULAR JOINT MEETING OF THE FINANCE, ADMINISTRATION AND HUMAN RESOURCES COMMITTEE & STEERING COMMITTEE Orange County Sanitation District WEDNESDAY, DECEMBER 13, 2006, AT 5:00 P.M. A joint meeting of the Finance, Administration and Human Resources Committee and the Steering Committee of the Orange County Sanitation District was held on December 13, 2006, at 5:00 p.m., in the Sanitation District's Administrative Office. (1) The roll was called and a quorum declared present, as follows: (2) FAHR COMMITTEE MEMBERS: DIRECTORS PRESENT: Bill Dalton Rich Freschi Phil Luebben Joy Neugebauer Mark Waldman Doug Davert, Board Vice Chair Jim Ferryman, Board Chair DIRECTORS ABSENT: Darryl Miller, Chair Mike Duvall, Vice Chair James W. Silva STAFF PRESENT: Jim Ruth, Interim General Manager Bob Ghirelli, Assistant General Manager Lorenzo Tyner, Director of Finance and Administrative Services Jeff Reed, Human Resources and Employee Relations Manager Mike White, Controller Lilia Kovac, Committee Secretary Paul Loehr, Human Resources Supervisor Jim Matte, Safety and Health Supervisor OTHERS PRESENT: Brad Hogin, General Counsel Norbert Gaia Bob Geggie Ryal Wheeler APPOINTMENT OF CHAIR PRO TEM Due to the absence of Committee Chair Miller, Chair Ferryman conducted the meeting. (3) PUBLIC COMMENTS There were no public comments. (4) REPORT OF THE COMMITTEE CHAJR Chair Ferryman announced that the December Board of Directors meeting had been rescheduled to start at 6:30 p.m., followed by a social event at Chair Ferryman's home. (5) REPORT OF THE GENERAL MANAGER Jim Ruth, Interim General Manager, did not give a report Minutes of the Regular Joint meeting of the Finance, Administration and Human Resources Committee and Steering Committee Meeting December 13, 2006 Page 2 (6) REPORT OF DIRECTOR OF FINANCE AND ADMINISTRATIVE SERVICES Lorenzo Tyner, Director of Finance and Administration, did not give a report. (7) REPORT OF GENERAL COUNSEL Brad Hagin, General Counsel, reported that he has drafted a memo to the committee members regarding the July and August legal fees. (8) CONSENT CALENDAR ITEMS Consideration of motion to approve all agenda items appearing on the Consent Calendar not specifically removed from same, as follows: a. Approve minutes of the November 8, 2006 joint meeting of the Finance, Administration and Human Resources Committee and Steering Committee meeting. b. FAHR06-83 c. FAHR06-84 d. FAHR06-85 e. FAHR06-86 f. FAHR06-87 Motion: Receive and file Employment Status Report as of November 16, 2006. Receive and file OSHA Incidence Rates and Workers' Compensation Claims and Costs Report. Receive and file report of General Manager approved purchases in amounts exceeding $50,000 in accordance with Board purchasing policies. Recommend to the Board of Directors to approve the Indemnification Agreement with Water Emergency Response Organization of Orange County (WEROC) for mutual aid for member agencies of WEROC during emergencies, in a form approved by General Counsel. Recommend to the Board of Directors to adopt the Orange County Regional Water and Wastewater Multi-Hazard Mitigation Plan, subject to incorporation of comments, if any, by the State Office of Emergency Services and the Federal Emergency Management Agency upon completion of their review. It was moved, seconded, and duly carried to approve the recommended action for the items specified as 8(a) through 8(f). END OF CONSENT CALENDAR Minutes of the Regular Joint meeting of the Finance, Administration and Human Resources Committee and Steering Committee Meeting December 13, 2006 Page 3 (9) ACTION ITEMS a. FAHR06-88 Direct staff to research and collect Capital Facilities Connection Charges Motion: for the current and prior four years from School Districts and Community Colleges. It was moved, seconded, and duly carried to approve the recommended action. Chair Ferryman and Director Neugebauer opposed. (10) INFORMATIONAL ITEMS a. FAHR06-89 Commissions Earned by the Sanitation District's Insurance Broker of Record. Mike White, Controller, presented a report on the Sanitation District's insurance broker's various commissions earned as set by the insurance carriers by category. (11) CLOSED SESSION . The Committee convened in Closed Session at 5:25 p.m. pursuant to Government Code Section 54957(b)(1) and Subdivision (a) of Section 54956.9. Confidential Minutes of the Closed Session held by the Finance, Administration and Human Resources Committee have been prepared in accordance with California 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 Meetings. Agenda Item No. 11 (A)(2) was not discussed. (12) OTHER BUSINESS, COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY (13) MATTERS WH ICH A DIRECTOR MAY WISH TO PLACE ON A FUTURE AGENDA FOR ACTION AND STAFF REPORT There were none. (14) FUTURE MEETING DATES The next regular Finance and Administration (F&A) Committee meeting is scheduled for January 3, 2006, at 5 p.m. MINUTES OF THE REGULAR JOINT MEETING OF THE FINANCE, ADMINISTRATION AND HUMAN RESOURCES COMMITTEE & STEERING COMMITTEE Orange County Sanitation District WEDNESDAY, DECEMBER 13, 2006, AT 5:00 P.M. A joint meeting of the Finance, Administration and Human Resources Committee and the Steering Committee of the Orange County Sanitation District was held on December 13, 2006, at 5:00 p.m., in the Sanitation District's Administrative Office. (1) The roll was called and a quorum declared present, as follows: FAHR COMMITTEE MEMBERS: DIRECTORS PRESENT: Bill Dalton Rich Freschi Phil Luebben Joy Neugebauer Mark Waldman Doug Davert, Board Vice Chair Jim Ferryman, Board Chair DIRECTORS ABSENT: Darryl Miller, Chair Mike Duvall, Vice Chair James W. Silva STAFF PRESENT: Jim Ruth, Interim General Manager Bob Ghirelli, Assistant General Manager Lorenzo Tyner, Director of Finance and Administrative Services Jeff Reed, Human Resources and Employee Relations Manager Mike White, Controller Lilia Kovac, Committee Secretary Paul Loehr, Human Resources Supervisor Jim Matte, Safety and Health Supervisor OTHERS PRESENT: Brad Hogin, General Counsel Norbert Gaia Bob Geggie Ryal Wheeler (2) APPOINTMENT OF CHAIR PRO TEM Due to the absence of Committee Chair Miller, Chair Ferryman conducted the meeting. (3) PUBLIC COMMENTS There were no public comments. (4) REPORT OF THE COMMITTEE CHAIR Chair Ferryman announced that the December Board of Directors meeting had been rescheduled to start at 6:30 p.m., followed by a social event at Chair Ferryman's home. (5) REPORT OF THE GENERAL MANAGER Jim Ruth, Interim General Manager, did not give a report FILED IN THE OFFICE OF THE SECRETARY 1 ORANGE rp11r,,-· .,-,,~., 1<,TRIC DEC 2 0 2006 BY~i ~- Minutes of the Regular Joint meeting of the Finance, Administration and Human Resources Committee and Steering Committee Meeting December 13, 2006 Page2 (6) REPORT OF DIRECTOR OF FINANCE AND ADMINISTRATIVE SERVICES Lorenzo Tyner, Director of Finance and Administration, did not give a report. (7) REPORT OF GENERAL COUNSEL Brad Hogin, General Counsel, reported that he has drafted a memo to the committee members regarding the July and August legal fees. (8) CONSE.NT CALENDAR ITEMS Consideration of motion to approve all agenda items appearing on the Consent Calendar not specifically removed from same, as follows: a. Approve minutes of the November 8, 2006 joint meeting of the Finance, Administration and Human Resources Committee and Steering Committee meeting. b. FAHR06-83 c. F AH R06-84 d. FAHR06-85 e. FAHR06-86 f. FAH R06-87 Motion: Receive and file Employment Status Report as of November 16, 2006. Receive and file OSHA Incidence Rates and Workers' Compensation Claims and Costs Report. Receive and file report of General Manager approved purchases in amounts exceeding $50,000 in accordance with Board purchasing policies. Recommend to the Board of Directors to approve the Indemnification Agreement with Water Emergency Response Organization of Orange County (WEROC) for mutual aid for member agencies of WEROC during emergencies, in a form approved by General Counsel. Recommend to the Board of Directors to adopt the Orange County Regional Water and Wastewater Multi-Hazard Mitigation Plan, subject to incorporation of comments, if any, by the State Office of Emergency Services and the Federal Emergency Management Agency upon completion of their review. It was moved, seconded, and duly carried to approve the recommended action for the items specified as 8(a) through 8(f). END OF CONSENT CALENDAR Minutes of the Regular Joint meeting of the Finance, Administration and Human Resources Committee and Steering Committee Meeting December 13, 2006 Page 3 (9) ACTION ITEMS a. FAHR06-88 Direct staff to research and collect Capital Facilities Connection Charges Motion: for the current and prior four years from School Districts and Community Colleges. It was moved, seconded, and duly carried to approve the recommended action. Chair Ferryman and Director Neugebauer opposed. (10) INFORMATIONAL ITEMS a. FAHR06-89 Commissions Earned by the Sanitation District's Insurance Broker of Record. Mike White, Controller, presented a report on the Sanitation District's insurance broker's various commissions earned as set by the insurance carriers by category. (11) CLOSED SESSION The Committee convened in Closed Session at 5:25 p.m. pursuant to Government Code Section 54957(b)(1) and Subdivision (a) of Section 54956.9. Confidential Minutes of the Closed Session held by the Finance, Administration and Human Resources Committee have been prepared in accordance with California 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 Meetings. (12) OTHER BUSINESS. COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS. IF ANY (13) MATTERS WHICH A DIRECTOR MAY WISH TO PLACE ON A FUTURE AGENDA FOR ACTION AND STAFF REPORT There were none. (14) FUTURE MEETING DATES The next regular Finance and Administration (F&A) Committee meeting is scheduled for January 3, 2006, at 5 p.m. Minutes of the Regular Joint meeting of the Finance, Administration and Human Resources Committee and Steering Committee Meeting December 13, 2006 Page4 (15) ADJOURNMENT The Chair declared the meeting adjourned at 6:40 p.m. Submitted by: ~k~ 0i/Kovac Committee Secretary H:\dept\agenda\FAHR\FAHR2006\1106\110806 draft FAHR Minutes.doc ROLL CALL JOINT FINANCE, ADMINISTRATION AND HUMAN RESOURCES AND STEERING COMMITTEES Meeting Date: December 13, 2006 COMMITTEE MEMBERS Time: 5:00 p.m. Adjourn: ___ _ Darryl Miller (Chair) Bill Dalton Richard Freschi Phil Luebben Joy Neugebauer Mark Waldman Jim Winder Jim Ferryman (Board Chair) Doug Davert (Board Vice Chair) OTHERS I Brad Hagin, General Counsel STAFF Jim Ruth, Interim General Manager Bob Ghirelli, Assistant General Manaqer Lorenzo Tyner, Director of Finance and Administrative Services Jim Herberg, Director of Engineering Nick Arhontes, Director of Operations & Mgmt. Patrick Miles, Director of Information Technoloqv Ed Torres, Acting Director of Technical Services Bret Colson, Public Information Manaqer Jeff Reed, Human Resources and Employee --Relations Manager Mike White, Controller Lilia Kovac, Committee Secretary c: Lenora Crane AGENDA REGULAR JOINT MEETING OF THE FINANCE, ADMINISTRATION AND HUMAN RESOURCES COMMITTEE & STEERING COMMITTEE ORANGE COUNTY SANITATION DISTRICT WEDNESDAY, DECEMBER 13, 2006, AT 5:00 P.M . (1) ROLL CALL ADMINISTRATIVE OFFICE 10844 Ellis Avenue Fountain Valley, California 92708 www.ocsd.com (2) APPOINTMENT OF CHAIR PROTEM, IF NECESSARY (3) PUBLIC COMMENTS (4) REPORT OF COMMITTEE CHAIR (5) REPORT OF GENERAL MANAGER (6) REPORT OF DIRECTOR OF FINANCE AND ADMINISTRATIVE SERVICES (7) REPORT OF GENERAL COUNSEL (8) CONSENT CALENDAR ITEMS Consideration of motion to approve all agenda items appearing on the Consent Calendar not specifically removed from same, as follows: a. Approve minutes of the November 8, 2006 Joint Meeting of the Finance, Administration and Human Resources Committee and Steering Committee. b. FAHR06-83 Receive and file Employment Status Report as of November 16, 2006. Book Page 10 c. FAHR06-84 Receive and file OSHA Incidence Rates and Workers' Compensation Claims and Costs Report. Book Page 15 Book Page I December 13, 2006 Page2 d. FAHR06-85 Receive and file report of General Manager approved purchases in amounts exceeding $50,000 in accordance with Board purchasing policies. Book Page 18 e. FAHR06-86 Recommend to the Board of Directors to approve the Indemnification Agreement with Water Emergency Response Organization of Orange County (WEROC) for mutual aid for member agencies of WEROC during emergencies, in a form approved by General Counsel. Book Page 20 f. FAHR06-87 Recommend to the Board of Directors to adopt the Orange County Regional Water and Wastewater Multi-Hazard Mitigation Plan, subject to incorporation of comments, if any, by the State Office of Emergency Services and the Federal Emergency Management Agency upon completion of their review. BookPage29 END OF CONSENT CALENDAR g. Consideration of items deleted from Consent Calendar, if any. (9) ACTION ITEMS a. FAHR06-88 Direct staff to research and collect Capital Facilities Connection Charges for the current and prior four years from School Districts and Community Colleges. Book Page 38 Lorenzo Tyner - 5 Minutes (10) INFORMATIONAL ITEMS a. FAHR06-89 Commissions Earned by the Sanitation District's Insurance Broker of Record BookPage44 Mike White - 5 Minutes (11) CLOSED SESSION • •••o·••••••n•••••••••••••·•••••••••••,),. .......... ;,.._•••~••••••~•·•'""-"••••••••••••••••·•••••••_ •••••,..· .. H•-•-••,.•-•••---•-••••••••• • •••••·••--•••••••••••••••-••-••·•·••••••••·••-... ••-•••••• .... •••••n••-•• .... •·-••"• .. ••-•••••--••••••••-M,_.,...,,,.00000000000••••••••• • ,_,,,,.., 0 1 During the course of conducting the business· set forth on this agenda as a regular meeting of the Committee, t I the Chair may convene the Committee in closed session to consider matters of pending real estate negotiations, I i pending or potential litigation, or personnel matters, pursuant to Government Code Sections 54956.8, 54956.9, I I 54957 or 54957.6, as noted. I ; : ' : f Reports relating to (a) purchase and sale of real property; (b) matters of pending or potential litigation; (c) ! l employee actions or negotiations with employee representatives; or which are exempt from public disclosure : [ under the California Public Records Act, may be reviewed by the Committee during a permitted closed session ; ) and are not available for public inspection. At such time as final actions are taken by the Committee on any of 1. these subjects, the.minutes will reflect all required.disclosures. of information, ............ __ ····--··-· ...................................... -................... l H:\dept\agenda\FAHR\FAHR2006\1206\03.121306 FAHR Agenda.doc Book Page 2 December 13, 2006 Page 3 A. Convene in closed session. 1. Conference with designated representatives Jim Ruth, Interim General Manager; Lorenzo Tyner, Director of Finance and Administrative Services; Jeff Reed, Human Resources and Employee Relations Manager; and Paul Loehr, Human Resources Supervisor, re Meet and Confer Update re contract negotiations for employees represented by 1 ). Orange County Employees Association; 2). International Union of Operating Engineers, Local 501, and 3). Supervisors, Professional Management Team {part of Peace Officers Council of California) (Government Code Section 54957(b)(1 ). 2. CONFERENCE WITH LEGAL COUNSEL RE. EXISTING LITIGATION (Subdivision (a) of Section 54956.9) a. Case: Andino, et al. v. OCSD, et al. (Orange County Superior Court Case No. 05CC00054) b. Case: Fallon v. OCSD, et al. (Orange County Superior Court Case No. 05CC00177) c. Case: Travelers Casualty and Surety v. OCSD (San Diego Superior Court Case No. GIC873347) d. Case: Polk v. OCSD (Orange County Superior Court Case No. 06CC07014) e. Case: William Cooper v. Malcolm Drilling, OCSD, et al. (Orange County Superior Court Case No. 05CC12927) f. Case: Spencer v. OCSD (Orange County Superior Court Case No. 06CC05848) g. Case: Butler v. OCSD (Kings County Superior Court Case No. 06C0281) h. Case: Nguyen, et al. v. OCSD (Orange County Superior Court Case No. 06CC11453) i. Case: City of Los Angeles, et al. v. County of Kern, et al. (United States District Court-Central District of California Case No. CV 06-5094-GAF) B. Reconvene in regular session. C. Consideration of action, if any, on matters considered in closed session. H:\dept\agenda\FAHR\FAHR2006\1206\03.121306 FAHR Agenda.doc Book Page 3 December 13, 2006 Page4 (12) OTHER BUSINESS,. COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY (13) MATTERS WHICH A DIRECTOR MAY WISH TO PLACE ON A FUTURE AGENDA FOR ACTION AND STAFF REPORT (14) FUTURE MEETING OATES The next regular Finance and Administration Committee meeting is scheduled for February 14, 2007, at 5 p.m. (15) ADJOURNMENT H:\dept\agenda\FAHR\FAHR2006\ 1206\03.121306 FAHR Agenda.doc Book Page 4 December 13, 2006 Page 5 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 written materials relating to each agenda item are available for public inspection in the office of the Clerk of the Board. 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 Finance, Administration and Human Resources 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 Adjournment: 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: Committee Secretary: Interim General Manager: Assistant General Manager Director of Finance and Administrative Services Human Resources and Employee Relations Manager Darryl Miller Lilia Kovac Jim Ruth Bob Ghirelli Lorenzo Tyner Jeff Reed (949) 453-5300 (714) 593-7124 (714) 593-7110 (714) 593-7400 (714) 593-7550 (714) 593-7144 H:\dept\agenda\FAHR\FAHR2006\1206\03.121306 FAHR Agenda.doc Book Page 5 lkovac@ocsd.com jruth@ocsd.com .bghirelli@ocsd.com ltyner@ocsd.com lreed@ocsd.cc:>rh MINUTES OF THE REGULAR JOINT MEETING OF THE FINANCE, ADMINISTRATION AND HUMAN RESOURCES COMMITTEE & STEERING COMMITTEE Orange County Sanitation District Wednesday, November 8, 2006, 5:00 p.m. A joint meeting of the Finance, Administration and Human Resources Committee and the Steering Committee of the Orange County Sanitation District was held on November 8, 2006, at 5:00 p.m., in the Sanitation District's Administrative Office. (1) The roll was called and a quorum declared present, as follows: FAHR COMMITTEE MEMBERS: DIRECTORS PRESENT: Darryl Miller, Chair Mike Duvall, Vice Chair Bill Dalton Rich Freschi Phil Luebben Joy Neugebauer Mark Waldman Doug Davert, Board Vice Chair DIRECTORS ABSENT: James W. Silva Jim Ferryman, Board Chair STAFF PRESENT: Jim Ruth, Interim General Manager Bob Ghirelli, Acting Assistant General Manager Lorenzo Tyner, Director of Finance and Administrative Services Jeff Reed, Human Resources Manager Mike White, Controller Lilia Kovac, Committee Secretary Denise Martinez, Sr. Human Resources Analyst Rich Spencer, Human Resources Supervisor Paul Loehr, Human Resources Supervisor Norbert Gaia Bob Geggie Juanita Skillman OTHERS PRESENT: Brad Hogin, General Counsel Jennifer Christian, Mayer Hoffman Mccann P.C. Ken Al-Imam, Mayer Hoffman Mccann P.C. (2) APPOINTMENT OF CHAIR PRO TEM No appointment was necessary. (3) PUBLIC COMMENTS There were no public comments. (4) REPORT OF THE COMMITTEE CHAIR Chair Miller did not give a report. (5) REPORT OF THE GENERAL MANAGER Jim Ruth, Interim General Manager, did not give a report. Book Page 6 Minutes of the Regular Joint meeting of the Finance, Administration and Human Resources Committee and Steering Committee Meeting November 8, 2006 Page2 (6) REPORT OF DIRECTOR OF FINANCE ANO ADMINISTRATIVE SERVICES Lorenzo Tyner, Director of Finance, reported further research of APIA insurance may offer a viable alternative for insurance, and will present options to the FAHR committee in December. (7) REPORT OF GENERAL COUNSEL Brad Hagin, General Counsel, reported that he will be responding to a letter from Bob Lockhart, president of Revenue Enhancement Group. Mr. Lockhart alleges in the letter that the Sanitation District's fee ordinance does not comply with Proposition 218. General Counsel also reported that he will be reporting to the FAHR Committee in December on 2006 legal fees. (8) CONSENT CALENDAR ITEMS Consideration of motion to approve all agenda items appearing on the Consent Calendar not specifically removed from same, as follows: a. Approve minutes of the October 11, 2006 joint meeting of the Finance, Administration and Human Resources Committee and Steering Committee meeting. b. FAHR06-76 Receive and file Employment Status Report as of October 13, 2006. c. FAHR06-77 Receive and file OSHA Incidence Rates and Workers' Compensation Claims and Costs Report. d. FAHR06-78 Recommend to the Board of Directors to receive and file the FY 2006-07 First Quarter Financial Report for the period ended September 30, 2006. e. Item pulled for discussion. Motion: It was moved, seconded, and duly carried to approve the recommended action for the items specified as 8(a) through 8(d). END OF CONSENT CALENDAR f. FAHR06-79 Recommend to the Board of Directors to approve Amendment No. 1 to (9) Motion: the Real Property Lease Agreement, Specification No. L-018, with Village Nurseries Wholesale, LLC, providing for a lease extension effective December 1, 2006 through November 30, 2011, with option to renew for three additional 5-year periods. It was moved, seconded, and duly carried to approve the recommended action. ACTION ITEMS Book Page 7 Minutes of the Regular Joint meeting of the Finance, Administration and Human Resources Committee and Steering Committee Meeting November 8, 2006 Page3 a. FAHR06--80 Recommend to the Board of Directors to receive and file the Motion: Comprehensive Annual Financial Report (CAFR) for the year ending June 30, 2006, prepared by staff and audited by Mayer Hoffman Mccann P.C., Certified Public Accountants. It was moved, seconded, and duly carried to approve the recommended action. b. FAHR06-81 Recommend to the Board of Directors to approve the reclassification of four OCSD positions affecting incumbents Motion: It was moved, seconded, and duly carried to approve the recommended action. (10) INFORMATIONAL ITEMS a. FAHR06-82 Information on industry, county and state trends related to OCSD's Succession Management Program Jeff Reed, Human Resources Manager, presented the current status of the Succession Management Program, as well as statistics that indicate the future shortage of qualified staffing resources due to competition for skilled personnel. (11) CLOSED SESSION The Committee convened in Closed Session at 6:05 p.m. pursuant to Government Code Section 54957(b)(1) to: (1) Confer with designated representatives, Jeff Reed, Human Resources Manager; Richard Spencer, Human Resources Supervisor; and Paul Loehr, Human Resources Supervisor, re Meet and Confer Update re contract negotiations for employees represented by 1). Orange County Employees Association; 2). International Union of Operating Engineers, Local 501, and 3). Supervisors, Professional Management Team (part of Peace Officers Council of California), Government Code Section 54957.6. Confidential Minutes of the Closed Session held by the Finance, Administration and Human Resources Committee have been prepared in accordance with California 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 Meetings. (12) OTHER BUSINESS, COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY There were none. Book Page 8 Minutes of the Regular Joint meeting of the Finance, Administration and Human Resources Committee and Steering Committee Meeting November 8, 2006 Page4 (13) MATTERS WHICH A DIRECTOR MAY WISH TO PLACE ON A FUTURE AGENDA FOR ACTION AND STAFF REPORT There were none. (14) FUTURE MEETING DATES The next regular FAHR Committee meeting is scheduled for December 13, 2006, at 5 p.m. (15) ADJOURNMENT The Chair declared the meeting adjourned at 7:15 p.m. Submitted by: 1/!i&f ~~ Committee Secretary H :\dept\agenda\FAHR\FAHR2006\ 1106\ 110806 draft FAHR Minutes.doc Book Page 9 FAHR COMMITTEE Meeting Date To Bel. of Dir. 12/13/06 AGENDA REPORT Item Number Item Number FAHR06-83 Orange County Sanitation District FROM: Lorenzo Tyner, Director of Finance & Administrative Services Originator: Jeff Reed, Human Resources & Employee Relations Manager SUBJECT: EMPLOYMENT STATUS REPORT AS OF NOVEMBER 16, 2006 GENERAL MANAGER'S RECOMMENDATION Receive and file the Employment Status Report. SUMMARY The number of full-time equivalent (FTE) employees at OCSD is 597.5; actual headcount is 606. PRIOR COMMITTEE/BOARD ACTIONS N/A PROJECT/CONTRACT COST SUMMARY N/A BUDGET IMPACT D This item has been budgeted. (Line item: ) D This item has been budgeted, but there are insufficient funds. D This item has not been budgeted. ~ Not applicable (information item) ADDITIONAL INFORMATION NEW HIRES: 6 Total Job Title Division Business Need Principal Financial Analyst Accounting 2 -Important Plant Operator Operations Plant 1 3 -Normal Plant Operator Operations Plant 2 3 -Normal Operator in Training Operations Plant 1 3 -Normal Operator in Training Operations Plant 2 3-Normal Intern Environmental Assessment 3-Normal H:\dept\agenda\FAHRIFAHR2006\1206\08.06-83.Emp Status,doc Page 1 Book Page 10 SEPARATIONS: 2 Total Job Title Division Reason Director of Engineering Engineering Administration Resignation Lead Mechanic Collection Facilities Operations & Maintenance Resignation PROMOTIONS: 1 Total Current Job Title Pay Former Job Title Pay Name Division Grade Grade Clerk of the Board 84 Secretary to the Board of 80 Kyle, Penny Board Services Directors RECRUITMENT STATUS: All current recruitments have been reviewed and approved by the General Manager through the Position Analysis process. RECRUITMENTS GREATER THAN 90 DAYS: 1 Total Job Title Engineer -Mechanical ALTERNATIVES N/A CEQA FINDINGS N/A ATTACHMENTS Date Days Posted Open 2/6/2006 283 1. November 16, 2006 Employment Status Report Division Status O&M Process Reposted to attract Engineering additional applicants 2. FY 2006/07 Staffing Report (year to date performance compared to budgeted FTE's) 3. November 16, 2006 Recruitments in Process H:ldeptlagenda\FAHRIFAHR2006\1206\08.06-83.Emp Status.doc Page2 Book Page 11 t:c 0 0 ;>;"" '"ti ~ (I) -N EMPLOYMENT STATUS REPORT DIVISION/DEPARTMENT AUTHORIZED FTE ACTUAL FTE VACANCIES 110 General Management Administration 2.50 2.50 - 150 Assistant General Manager Administration 3.50 2.50 1.00 151 Board Services 7.50 5.00 2.50 152 Public Information Office 7.00 7.00 - 153 Safety & Health 8.00 8.00 - General Management Totals 28.50 25.00 3.50 210 Finance Administration 2.00 2.00 - 220 Accounting 19.00 17.00 2.00 230 Contracts, Purchasing & Materials Management 29.50 27.50 2.00 240 Human Resources 19.00 16.00 3.00 Administrative Services Totals 69.50 62.50 7.00 410 Regional Assets & Services Administration 8.00 8.00 - 420 Collection Facilities O&M 24.00 20.00 4.00 430 Facilities Maintenance Services 19.00 17.00 2.00 Regional Assets & Services Totals 51.00 45.00 6.00 610 Technical Services Administration 2.00 2.00 - 620 Environmental Assessment 16.00 15.50 0.50 630 Environmental Sciences Laboratory 38.00 37.50 0.50 640 Source Control 39.00 38.00 1.00 660 Environmental Compliance Services 21.50 19.50 2.00 Technical Services Totals 116.50 112.50 4.00 710 Engineering Administration 3.00 1.00 2.00 740 Planning 16.00 16.00 - 750 Project Management Office 15.75 14,75 1.00 760 Engineering & Construction 63.50 59.50 4.00 Engineering Totals 98.25 91.25 7.00 810 O&M Administration 4.0-0 4.00 - 820 O&M Process Engineering 15.50 12.50 3.00 830 Operations, Plant No. 1 42.25 42.25 - 840 Operations, Plant No. 2 47.50 46.50 1.00 850 Mech Maint & Power Production 72.00 68.00 4.00 860 Electrical & Instrumentation Maintenance 68.00 60.00 8.00 Operations & Maintenance Totals 249.25 233.25 16.00 910 IT Administration 2.00 2.00 - 920 IT Customer Support 9.00 8.00 1.00 930 IT Network Support 8.00 8.00 - 940 IT Programming & Database Systems 12.00 10.00 2.00 Information Technology Totals 31.00 28.00 3.00 GRAND TOTAL FTEs AUTHORIZED FTE ACTUALFTE VACANCIES 644.00 597.50 46.50 #. of V9-cande§l Not. In Recruitment: RECRUITMENTS - - - -- - - - 2.00 - 2.00 - 4.00 - 4.00 - - 0.50 -- 0.50 --- 2.00 2.00 - 2.00 - - 4.00 5.00 11.00 - 1.00 - 1.00 2.00 In RecmJifnient 2t 50, 2_5 . .00. b:1 0 ~ '"C cffl Cl) -w 700.00 680.00 - 660.00 - 640.00 • 620.00 - 600.00 • 580.00 560.00 - 540.00 - 520.00 - 500.00 FEB Authorized FTE* 644.00 Actual FTE** 601.00 Difference*** 43.00 In Recruitment 16.50 Vacancies 26.50 *Authorized FTE as of August .. Actual FTE as of August ... Difference = Recruitments + Vacancies • • MAR 644.00 598.50 45.50 24.00 21.50 STAFFING REPORT • • • • • • • • • • • • • • • • APR MAY JUN JUL SEP OCT NOV DEC 644.00 644.00 644.00 644.00 644.00 644.00 644.00 644.00 596.50 591.50 593.50 590.50 591.50 593.00 594.00 597.50 47.50 52.50 50.50 53.50 52.50 51.00 50.00 46.50 21.00 22.00 17.50 18.00 28.00 30.00 28.00 21.50 26.50 30.50 33.00 35.50 24.50 21.00 22.00 25.00 I-+-Authorized FTE* -e-Actual FTE** I to 0 ~ "ti cfcl ro -.j::,. DIV 230 420 420 420 634 760 760 820 820 850 860 860 860 860 860 920 940 HC 2 2 1 1 1 1 1 1 1 4 1 1 1 1 1 1 1 FTE POSITION DIVISION Contracts 2.00 Administrator Purchasing Maintenance Regional Assets & Services 2.00 Worker Admin Engineering Regional Assets & Services 1.00 Manager Admin Lead Regional Assets & Services 1.00 Mechanic Admin Laboratory Environmental Sciences 0.50 Assistant Laboratory Planner/Sched Engineering & Construction 1.00 uler Management Engineering & Construction 1.00 Engineer Management Engineer- 1.00 Mechanical 0 & M Process Support 1.00 Engineer O & M Process Support Mechanic/Sr. 4.00 Mechanic Mechanical Maintenance lnstrumentatio Instrumentation & Electrical 1.00 n Tech II Maintenance Maintenance Instrumentation & Electrical 1.00 Supervisor Maintenance Electrical Tech Instrumentation & Electrical 1.00 II Maintenance Instrumentation & Electrical 1.00 IT Analyst Ill Maintenance Instrumentation & Electrical 1.00 Engineer Maintenance 1.00 IT Analyst I Customer & Network Support Principal IT 1.00 Analyst Programming & Databases 21.50 FTE's 22.00 Actual Recruitments (Headcount) RECRUITMENTS IN PROCESS NEW/ CLOSING INTERNAL/ JOB REPLACEMENT STATUS DATE EXTERNAL NUMBER POSTED Offer in process. Remainin position re-Open Until New posted. Filled External 411 8/16/2006 Aurelio Jaime will start 11/27. One vacancy remains. Position will be reposted to attract Open Until Replacement additional applicants. Filled External 412 8/24/2006 New Position re-posted 11 /6. 11/20/2006 Internal 418 11/6/2006 Replacement Position on hold. Closed Internal 422 10/6/2006 Replacement Interviews scheduled 11/21 . Closed iternal/Extern 425 11/7/2006 Open Until New Scheduling additional interviews. Filled External 408 8/17/2006 Post New Posting in development. Internal 426 pending Open Until Replacement Reviewing written exams. Filled External 355 2/6/2006 Replacement Interviews scheduled 11/16. Closed External 420 9/21/2006 New Scheduling hands-on tests. Closed Internal 407 10/5/2006 Replacement Written exams scheduled 11/16 & 11/17. Closed External 406 8/17/2006 Replacement Position re-posted 11113. 11/29/2006 Internal 421 11/13/2006 Replacement Scheduling hands-on tests. Closed External 419 9/13/2006 Replacement Scheduling interview. Closed Internal 423 10/20/2006 Frank Steiger selected. Promotion effective Replacement 11/24. Closed Internal 424 10/11/2006 Applications forwarded to Patrick Miles for Replacement review. Closed External 382 9/13/2006 Open Until New Scheduling interviews. Filled External 415 8/29/2006 FAHR COMMITTEE Meeting Date To Bet of Dir. 12/13/06 AGENDA REPORT Item Number Item Number FAHR06-84 Orange County Sanitation District FROM: Bob Ghirelli, Assistant General Manager Originator: James Matte, Safety & Health Supervisor SUBJECT: OSHA INCIDENCE RATES AND WORKERS' COMPENSATION CLAIMS AND COSTS REPORT GENERAL MANAGER'S RECOMMENDATION Receive and file the OSHA Incidence Rates and Workers' Compensation Claims and Costs Report. SUMMARY The Safety and Health Division tracks OSHA Incidence Rates for DART<1> Cases (DART Incidence Rate) and Total Accidents (Total Injury Frequency Rate) and the District's Workers' Compensation Claims and Costs. The data for January-October 2006 are shown in the table below: OCSD DART Cases OCSD DART Rate\"'' OSHA Recordable Accidents District OCSD Total Injury Frequency Rate\.,, NOTES: (1) Days Away, Restricted or Transfer (2) Industry Average for DART is 2.80 (3) Industry Average for TIFR is 6.00 Revised: 06/04/03 January- October 2006 10 2.07 17 3.52 Book Page 15 October Change 2006 (September Data to October) 2 1 4.13 2.04 3 2 6.20 4.11 Page 1 Injuries The three recordable injuries for this reporting period are as follows: • On October 5 a Senior Plant Operator was exposed to chlorine vapors while opening inlet gate. She was given two days of restricted duty. This injury is classified as a DART case. • On October 5 a Senior Plant Operator was exposed to chlorine vapors while opening inlet gate. He was released to return to work with no restrictions. This injury is classified as an OMT case. • On October 5 an OIT was exposed to chlorine vapors while opening inlet gate. He was given two days of restricted duty. This injury is classified as a DART case. Claims and Costs The Division also tracks the District's Workers' Compensation Claims and Costs. Information regarding OCSD workers' compensation claims is presented below. January-October Change October 2006 2006 Data (September to October) OCSD Workers' Compensation Claim Count (report period) 6 3 1 OCSD Workers' Compensation Claim Cost (report period) $34,840 0.00 -$4,000 Total Open Claims 24 Total OCSD Workers' $1,616,597 Compensation Claim Cost Closed Cases The four closed cases for this reporting period are as follows: • A claim involving an OIT who sustained a right shoulder strain after opening a valve on September 22 closed with a total incurred cost of $537. • Three claims involving two Senior Plant Operators and an OIT who experienced eye & nose irritation after exposure to chlorine vapors on October 5 closed with a total incurred cost of $0.00. PRIOR COMMITTEE/BOARD ACTIONS NIA PROJECT/CONTRACT COST SUMMARY NIA Revised: 06/04/03 Book Page 16 Page2 BUDGET IMPACT D This item has been budgeted. (Line item: ) D This item has been budgeted, but there are insufficient funds. D This item has not been budgeted. cg] Not applicable (information item) ADDITIONAL INFORMATION The reporting period ends October 31. ALTERNATIVES N/A CEQA FINDINGS N/A ATTACHMENTS N/A Revised: 06/04/03 Book Page 17 Page 3 FAHR COMMI TTEE Meeting Date To Bd. of Dir. 12/13/06 AG ENDA REPORT Item Number Item Number FAHR06-85 Orange County Sanitation District FROM: Lorenzo Tyner, Director of Finance and Administrative Services Originator: Marc Dubois, C.P.M., Contracts/Purchasing Manager SUBJECT: GENERAL MANAGER APPROVED PURCHASES GENERAL MANAGER'S RECOMMENDATION Receive and file report of General Manager approved purchases in amounts exceeding $50,000 in accordance with Board purchasing policies. SUMMARY In May 1998, the FAHR Committee and the Board approved changes to the staff purchasing authority. One of the changes was to increase the dollar threshold before Board authority was required for purchases of goods or services, excluding public works purchases, to $100,000. When approving this change, the Committee asked for periodic reports showing purchases approved by the General Manager for amounts between $50,000 and $100,000. Subsequent to receiving the initial report, the Committee requested that future reports be placed on the Consent Calendar. Vendor Name Amount Black & Veatch $93,049 Oxygen Service Company $75,000 Oracle USA, Inc. $75,556.79 Yale/ Chase Materials $92,796 Jamison Engineering $80,000 PRIOR COMMITTEE/BOARD ACTIONS N/A Form No. DW-102 Dept. 320 Page 1 Department O&M Technical Services Information Technoloov RAS Engineering Book Page 18 Description/Discussion Inspection of outfall pipe Blanket order for gases Support for ERP system Electric Carts Emergency Street Repairs Agenda Report -Board Revised: 12/6/2006 PROJECT/CONTRACT COST SUMMARY N/A BUDGET IMPACT D This item has been budgeted. (Line item: ) D This item has been budgeted, but there are insufficient funds. D This item has not been budgeted. !Z1 Not applicable (information item) ADDITIONAL INFORMATION N/A ALTERNATIVES N/A CEQA FINDINGS N/A ATTACHMENTS None. MD Form No. DW-102 Depl 320 Page2 Book Page 19 Agenda Report-Board Revised: 12/6/2006 FAHR COMMITTEE Meeting Date 12/13/06 AGENDA REPORT Item Number FAHR06-86 Orange County Sanitation District FROM: Robert Ghirelli, Assistant General Manager Originator: James Matte, Safety and Health Supervisor SUBJECT: Approval of the Water Emergency Response Organization of Orange County (WEROC) Indemnification Agreement GENERAL MANAGER'S RECOMMENDATION To Bel. of Dir. 12/20/06 Item Number Approve an indemnification agreement with the Water Emergency Response Organization of Orange County (WEROC) for mutual aid between member agencies of WEROC and the Orange County Sanitation District during emergencies, in a form approved by General Counsel. SUMMARY The Water Emergency Response Organization of Orange County (WEROC) was formed in 1983 by the Orange County water community for the purposes of coordinating an emergency response by all Orange County water agencies in the event of an earthquake, flood, fire, or other regional disaster. In 2004, WEROC expanded its charter to include wastewater agencies, citing similar business interests and the primary goal of protecting public health. At this time, the Orange County Sanitation District was invited to participate in WEROC. WEROC coordinates and supports an effective emergency response to a major disaster on behalf of all Orange County water and wastewater utilities. To carry out this mission WEROC provides services that promote planning and preparedness activities for both the utilities, as well as its own Emergency Operations Center (EOC) volunteer staff. The program also takes an active role in maintaining two EOCs. WEROC receives advice and guidance from its Steering Committee, which includes representatives from Orange County water and wastewater utilities, The County of Orange and the California Department of Health Services. The program is funded by a consortium of Orange County water and wastewater utilities. The participation of OCSD shall be to receive mutual aid from, as well as provide mutual aid to WEROC member agencies in the event of an emergency; provide discounted emergency response and planning training; and pool resources for regional projects such as the Hazard Mitigation Plan. OCSD has a similar agreement in place with the County of Orange. By not joining, we lose these benefits and increase overall administrative costs to OCSD. Book Page 20 PRIOR COMMITTEE/BOARD ACTIONS None PROJECT/CONTRACT COST SUMMARY N/A BUDGET IMPACT IZI This item has been budgeted. (Line item: 26) D This item has been budgeted, but there are insufficient funds. D This item has not been budgeted. D Not applicable (information item) ADDITIONAL INFORMATION N/A ALTERNATIVES N/A CEQA FINDINGS N/A ATTACHMENTS 1. Indemnification Agreement H:\deptlegenda\FAHRIFAHR2006\1206\0B.06-86.AR WEROC.doc Revised: 9/12/05 Book Page 21 Page2 Attachment 1 WATER EMERGENCY RESPONSE ORGANIZATION OF ORANGE COUNTY INDEMNIFICATION AGREEMENT This indemnification agreement is entered into on the 20th day of December, 2006, by and between Municipal Water District of Orange County (MWDOC), Orange County Water District (OCWD), and the undersigned participants in the Water Emergency Response Organization of Orange County (WEROC), (All parties are collectively referred to as "WEROC Participants".), pursuant to California Government Code §895.4. WHEREAS, WEROC was formed in 1983 by the Orange County water community for the purposes of coordinating an emergency response by all Orange County water agencies in the event of an earthquake, flood, fire, or other regional disaster; and WHEREAS, to accomplish this purpose each of the WEROC Participants has or will contribute the use of certain of its facilities and equipment and the services of certain of its personnel, both in preparation for an emergency and in response to any emergency situation pursuant to an Emergency Response Plan prepared by WEROC; and WHEREAS, the WEROC Participants desire to indemnify and hold each other harmless from any liability for injury or property damage incurred by any WEROC Participant or its employees, officers or agents or to third parties in the course of or as a result of their participation in WEROC activities; NOW, THEREFORE, in consideration of the mutual promises and covenants herein, the WEROC Participants agree as follows: 1. VOLUNTARY PARTICIPATION Neither this Agreement, nor the WEROC Emergency Response Plan creates, or shall be deemed to create, any contractual or implied duty on the part of any signatory to provide, or attempt to provide, any real property, structures, facilities, tools, vehicles, equipment, machinery, materials, personal property or personnel to any other WEROC Participant or third party. No signatory shall be liable for its failure to provide, or attempt to provide, assistance to any other party. It is the intent of the parties that assistance under the WEROC H:ldept\agenda\FAHRIFAHR2006\1206\08.06-86.AR WEROC.doc Revised: 9/12/05 Book Page 22 Page 3 Emergency Response Plan be provided on a "strictly voluntary basis, and that no joint venture be created. 2. LIABILITY FOR JOINING Notwithstanding Government Code S895.2. if is the intent of the signatories to this Agreement that there shall be no liability assumed by, or imposed upon, any signatory solely by reason of such signatory executing the WEROC Emergency Response Plan or this Agreement." In the event of any liability, claim, demand, action or proceeding of whatever kind or nature arising out of the rendering of assistance through WEROC, the parties involved in rendering or receiving assistance through WEROC agree to indemnify and hold harmless, to the fullest extent allowed by law, each signatory to the WEROC Emergency Response Plan whose only involvement, in the transaction or occurrence which is the subject of such claim, action, demand or other proceeding, is the execution and approval of the WEROC Emergency Response Plan and this Agreement. Such indemnification shall include indemnity for all claims, demands, liability, damages and costs, including reasonable attorneys' fees and other costs of defense, for personal injury and property damage and is not waived as a result of the uninvolved party's negligent or willful failure to respond in accordance with the WEROC Emergency Response Plan. 2. COVENANT NOT TO SUE OTHER PARTICIPANTS Each WEROC Participant agrees to assume .the entire risk of loss and to indemnify and hold each of the remaining WEROC Participants harmless from any and all claims, liability, or damages for personal injury or property damage incurred by that WEROC Participant or its agents, employees or officers as a result of any defect or dangerous condition of any real property, structures, facilities, tools, vehicles, equipment, machinery, materials, personal property or other items supplied or contributed for the use of WEROC by itself or any other WEROC Participant. The right to indemnification shall not be barred by the passive negligence of the WEROC Participant which supplies or contributes the real or personal property for use by WEROC. Including, but not limited to. the failure to warn of or take action to correct any defect or dangerous condition if the defect or dangerous condition was not the result of active negligence on the part of that WEROC Participant or its agents, employees or officers. 3. COVENANT TO INDEMNIFY OTHER PARTICIPANTS AGAINST CLAIMS BY THIRD PARTIES Each WEROC Participant agrees to assume the entire risk. of loss and to indemnify and hold each of the remaining WEROC Participants harmless from H:\dept\agenda\FAHRIFAHR2006\1206\08.06-86.AR WEROC doc Revised: 9/12105 Book Page 23 Page4 3. any and all claims, demands, liabilities, costs and damages (including reasonable attorneys' fees and costs of defense) for personal injury or property damage incurred by any third person, or. entity, not a party to this Agreement as a result of any defect or dangerous condition of any real property, structures, facilities, tools, vehicles, equipment, machinery, materials, personal property or other items, supplied or contributed for the use of WEROC by that WEROC Participant. COVENANT TO INDEMNIFY OTHER PARTICIPANTS FOR ACTS OF OFFICERS AND EMPLOYEES Except as provided in Paragraph 6 hereof, while carrying out their functions and activities under the Emergency Response Plan, each agent, employee and officer of a WEROC Participant shall continue to act within the scope and duties of his employment or relationship with that' WEROC Participant and shall not be deemed to be. or act in the capacity of. an agent, employee or officer of WEROC or of any of the remaining WEROC Participants. Except as provided in Paragraph 6 hereof, each WEROC Participant agrees to assume the entire risk of loss and to indemnify and hold the remaining WEROC Participants harmless from any and all claims, liabilities or damages for personal injury incurred by any WEROC Participant, its officers, employees or agents or any third person, not a party to this Agreement as a result of the active negligence or intentional, willful or malicious acts of that WEROC Participant's officers, employees, or agents while engaged in carrying out their duties, functions or activities pursuant to the WEROC Emergency Response Plan. 6. EMPLOYEE CLAIMS. Any employee, officer or agent of a WEROC Participant who is acting under the direction, supervision or control of an employee, officer or agent of another WEROC Participant pursuant to the WEROC Emergency Response Plan shall, except as otherwise provided under Labor Code §§3600.2 through 3600.6, be considered to be the special employee of the WEROC Participant which is directing, supervising or controlling the activity and the general employee of his or her regular employer while engaged in carrying out duties, functions or activities pursuant to the WEROC Emergency Response Plan. The special employer, if any, and general employer, shall indemnify and hold all other WEROC Participants harmless from any and all claims, liabilities or damages for personal injury incurred by such officers, employees or agents while engaged in carrying out their duties, functions or activities pursuant to the WEROC Emergency Response Plan, notwithstanding any passive negligence of other WEROC Participants. It is the intent of the parties that personnel made available through WEROC be insured against loss or injury through the Workers Compensation insurance of those who controlled and directed their work through WEROC. H:\deptlagenda\FAHR\FAHR2006\1206\08.06-86.AR WEROC.doc Revised: 9/12/05 Book Page 24 Page 5 7. COVENANT TO MAINTAIN INSURANCE OR SELF-INSURE EACH WEROC Participant agrees to obtain and maintain insurance policies naming the remaining WEROC Participants as additional insured's or participate in a self- insurance pool, or maintain a reasonably adequate self-insurance fund as appropriate for general liability, workers' compensation, automobile and property owners' liability which will cover all activities, personnel, vehicles, equipment, real property, tools, machinery and personal property of that WEROC Participant while engaged in the WEROC Program. The ability to respond in damages shall be in the following minimum amounts: a. General Liability (including bodily injury): $1,000,000 per occurrence. b. Workers' Compensation: $200,000 per occurrence c. Automobile Coverage: Compliance with Vehicle Code Section 16430 for vehicles owned or leased by the WEROC Participant. d. Property Owner's Liability, if applicable: $1,000.000 per occurrence 8. ARBITRATION The parties to this Agreement acknowledge that in the event of a claim for personal injury or property damage arising out of a WEROC activity, it would probably be in the best interests of the WEROC Participants and their insurers to submit the issue, of which WEROC Participant or Participants has the ultimate duty to indemnify the others, to binding arbitration and that the party or parties determined to be ultimately responsible conduct the defense of the claim on behalf of the other WEROC Participant defendants in the event of a lawsuit. It is the intent of the parties to encourage the use of binding arbitration to effectuate the terms of this Agreement whenever possible. Therefore, each WEROC Participant agrees that, as soon as possible after receiving notice of any claim arising out of a WEROC activity, that WEROC Participant will notify all WEROC Participants in writing of the existence of the claim or potential claim. Upon receipt of notice of a claim or potential claim arising out of a WEROC activity from a claimant or another WEROC Participant, each WEROC Participant, which is not self-insured, will notify its insurance carrier of the existence of the claim and of the terms of this Agreement. If the insurance carriers of WEROC Participants and self-insured WEROC Participants agree to submit the issue of the obligation to indemnify under this Agreement to binding arbitration, the parties hereto agree not to object to arbitration. Nothing herein shall be construed as a consent or undertaking on the part of any insured WEROC Participant to pay all or any portion of the costs of arbitration or other costs which it would not otherwise be obligated to pay under its insurance policy in the absence of this Agreement. H:ldeptlegenda\FAHRIFAHR200611206\08.06-86,AR WEROC.doc Revised: 9112/05 Book Page 25 Page6 9. EXECUTION IN COUNTERPARTS This Agreement shall be executed by each WEROC Participant in duplicate originals, each of which shall be considered an original Agreement. This Agreement shall not become effective as to any WEROC Participant until all WEROC Participants have executed this Agreement and have delivered an executed original to the WEROC Coordinator who will provide each WEROC Participant with a photocopy of all executed signature pages and a list of all Participants. Prior to the admission of any additional agencies to the WEROC Program, such agency shall be required to execute this Agreement and comply with this provision. 10. SUCCESSORS AND ASSIGNS This Agreement shall be binding upon and inure to the benefit of the original Participants and all parties who may subsequently enter into this Agreement, and their officers, agents, employees, successors and assigns. The names of the WEROC Participants, all of which are signatories to this Agreement, are and shall be set forth on the list attached hereto as Exhibit "A" and incorporated herein by reference. Additional Participants may be added to the list from time to time upon execution of this Agreement and compliance with Paragraph 5 hereof. Such additions shall automatically constitute an amendment of this Agreement without further action by existing Participants and shall not void or invalidate this' Agreement. 11. MARS PROGRAM It is the understanding and intention of the WEROC Participants that the WEROC program will be coordinated with the MARS program established by Metropolitan Water District of Southern California and that the terms and conditions hereof shall apply with equal force and effect to activities performed under the MARS program. 12. CAPTIONS The Captions heading the various paragraphs of this Agreement are for convenience only and shall not be considered to limit, expand, or define the contents of the respective paragraphs. IN WITNESS WHEREOF, each of the WEROC Participants has caused this instrument to be executed by its authorized agent or official evidencing the consent of the legislative body hereto. H:\dept\agenda\FAHRIFAHR2006\1206\08.06-86.AR WEROC.doc Revised: 9/12/05 Book Page 26 Page 7 Approved as to form: Bradley R. Hogin, General Counsel ATTEST: Clerk of the Board H:ldeptlagenda\FAHRIFAHR200611206\08.06-86.AR WEROC.doc Revised: 9/12/05 DATED: --------- MUNICIPAL WATER DISTRICT OF ORANGE COUNTY (MWDOC) ORANGE COUNTY SANITATION DISTRICT Page8 Book Page 27 EXHIBIT"A" WEROC PARTICIPANTS This list constitutes a complete list of WEROC Participants as of November 30, 2006 Municipal Water District of Orange County Coastal Municipal Water District Orange County Water District Capistrano Valley Water District City of Anaheim City of Brea City of Buena Park City of Fountain Valley City of Fullerton City of Garden Grove City of Huntington Beach City of La Habra City of La Palma City of Newport Beach City of Orange City of Santa Ana City of Seal Beach City of Westminster East Orange County Water District El Toro Water District Irvine Ranch Water District Laguna Beach County Water District Los Alisos Water District Mesa Consolidated Water District Moulton-Niguel Water District Santa Ana Mountains County Water District Santa Margarita Water District Santiago County Water District Serrano Irrigation District Southern California Water Company South Coast County Water District Tri-Cities Municipal Water District Yorba Linda Water District H:\dept\agenda\FAHRIFAHR2006\1206\08.06-86.AR WEROC.doc Revised: 9112/05 Book Page 28 Page9 FAHR COMMITTEE AGENDA REPORT Orange County Sanitation District FROM: Robert Ghirelli, Assistant General Manager Originator: James Matte, Safety and Health Supervisor SUBJECT: Approval of the Orange County Regional Water and Wastewater Multi-Hazard Mitigation Plan GENERAL MANAGER'S RECOMMENDATION Meeting Date To Bel. of Dir. 12/13/06 12/20/06 Item Number Item Number OMTS06-87 Approve the Orange County Regional Water and Wastewater Multi-Hazard Mitigation Plan, subject to incorporation of comments, if any, by the State Office of Emergency Services and the Federal Emergency Management Agency. SUMMARY A Hazard Mitigation Plan is a pre-disaster strategic plan written to guide how a community will lower its risk and exposure to disasters. Jurisdictions, like the water and wastewater agencies participating in the Orange County Multi-Hazard Mitigation Plan, are dedicated to ensuring service to their customers and to safeguarding those services when disaster strikes. An approved Hazard Mitigation Plan helps meet that goal. In addition, participating jurisdictions become eligible to receive Federal Emergency Management Agency (FEMA) grants, which ease the financial impacts of emergency preparedness planning and the response measures developed before and after natural and manmade disasters. OCSD staff has been working with MWDOC and WEROC staff and their consultant, URS Corporation, and 18 other water and wastewater agencies in the County to complete the Orange County Regional Water and Wastewater Multi-Hazard Mitigation Plan. Agencies who did not participate in this process were either already covered by an existing Hazard Mitigation Plan or elected not to prepare a plan. The participants in the plan include: Participating Water and Wastewater Service Providers Regional Service Providers Municipal Water District of Orange County Orange County Water District Orange County Sanitation District South Orange County Wastewater Authority Book Page 29 Retail Agencies • City of Buena Park • El Toro Water District • City of Garden Grove • Laguna Beach County Water District • City of La Habra • Mesa Consolidated Water District • Moulton Niguel Water District • City of Newport Beach • City of Orange • Santa Margarita Water District • Serrano Water District • South Coast Water District • Trabuco Canyon Water District • City of Tustin • City of Westminster • Yorba Linda Water District Beginning in 2004 FEMA began restricting grant applications for pre-and post-disaster hazard mitigation funds for any agencies not covered by an approved Hazard Mitigation Plan. These FEMA funds are available for the purpose of mitigating damage to public facilities due to a natural disaster -fire, flood, earthquakes, landslides, etc. For example, a retrofit of a water treatment plant to protect against earthquakes would be eligible, but only if a Hazard Mitigation Plan has been previously prepared that identified the need for the retrofit. WEROC identified that many of the water and wastewater agencies in the County were not covered by Hazard Mitigation Plans. The plans are extensive documents that require a significant amount of staff and/or consultant time to prepare. WEROC secured the grant and has facilitated the process of completing the plan. The benefits of completing a plan include: • Qualifies agencies to submit for Hazard Mitigation Implementation Grants. FEMA allocates funding every year for these types of grants. • During disaster recovery efforts, Hazard Mitigation elements can be added into the recovery work and can be submitted for funding by FEMA. Without the plan, disaster recovery is limited to what was already there. • Going through the process of reviewing the water and wastewater system operations and impacts from natural hazards is good business and allows an agency to anticipate what might happen in the future to be better prepared. The steps involved in developing the Hazard Mitigation Plan are outlined in Attachment A. The culmination of the process is a list of goals, objectives and actions that can be carried out to reduce the risk of water or wastewater systems being out of service. H:\dept\agenda\FAHRIFAHR2006\1206\08.06-87.Hazardous Mil Plan.doc Revised: 9/12/05 Book Page 30 Page2 The final list of hazards profiled for Orange County included: • Tsunamis, • Contamination, • Dam Failure, • Drought/Extreme Heat, • Earthquake, • Liquefaction, • Expansive soils, • Floods/Coastal Storms, • High winds/Santa Ana Winds (resulting in power outages), • Landslide/mudslide, • Land Subsidence, • Tornado/Water Spout, • Wildfire/Urban Fire, and • Human caused hazards. A table in Attachment A provides an overview of the potential financial risks to the water and wastewater facilities in Orange County. Part of the Plan Preparation Process required by FEMA is to hold public meetings to receive input into the process before the final plan is prepared. Three meetings were recently held to provide an opportunity for public input and review of the process. Additional information regarding the meetings can be found in Attachment A The Hazard Mitigation Plan is not binding on any agency, but adoption of the plan by the local jurisdictions essentially clears the way for the mitigation projects to move forward when and if specifically approved and funded by the local jurisdiction. The Orange County Regional Water and Wastewater Multi-Hazard Mitigation Plan will be submitted to FEMA and the California Office of Emergency Services for approval once consideration has been completed by all of the local entities. Upon adoption by the local entities, they will be asked to send a letter certifying successful action by their governing body, a draft attached as Attachment B. The Plan was prepared with $106,000 in Federal Emergency Management Agency (FEMA) grant funds secured by WEROC for the planning effort, along with funds and in- kind contributions by the participating agencies and MWDOC. The agencies participating in the process committed staff time to provide input into the regional plan and to draft goals, objectives, actions and an implementation plan for their own community. Each participating agency has its own implementation section. The total effort, including in-kind contributions, is estimated at $262,000. OCSD's portion was $ 4,800.00. The Plan will require updating every five years. MWDOC will act as the regional facilitator for monitoring and updating of the plan. H:\dept\agenda\FAHRIFAHR2006\1206\08.06-87.Hazardous Mil Plan.doc Revised: 9/12/05 Book Page 31 Page3 PRIOR COMMITTEE/BOARD ACTIONS None PROJECT/CONTRACT COST SUMMARY N/A BUDGET IMPACT [gl This item has been budgeted. (Line item: 94) D This item has been budgeted, but there are insufficient funds. D This item has not been budgeted. D Not applicable (information item) ADDITIONAL INFORMATION Staff will prepare a letter certifying approval of the Orange County Regional Water and Wastewater Multi-Hazard Mitigation Plan as shown in Attachment 2. ALTERNATIVES NIA CEQA FINDINGS NIA ATTACHMENTS 1. What is involved in the Hazard Mitigation Planning Process? 2. DRAFT Certification Letter for OES/FEMA H:\dept\agenda\FAHRIFAHR2006\1206\08.06-87.Hezardous Mil Plan.doc Revised: 9/12/05 Book Page 32 Page4 Attachment 1 What is involved in the Hazard Mitigation Planning Process? As noted in the figure below, the basic steps in the process are to assess the risks and the risk profile within the community to the water and wastewater facilities in Orange County and develop plans to mitigate those risks. The culmination of the process is a list of goals, objectives and actions that can be carried out to reduce the risk of water or wastewater systems being out of service. organize resources assess risks develop a mitlaat1on pTan lmp.ement the plan and monitor progress 1;1. develop mitigation goals and objectives . · · . 2. ldentfty and prioritize mitigation m•«;1sures ' 3. prepare a11 implementatfon,ctrategy · · · ' L C!Q~.l!'I'l_~~!t:!~i~i~!9ation plan ·. 1 : The final list of hazards profiled for Orange County included: • Tsunamis, • Contamination, • Dam Failure, • Drought/Extreme Heat, • Earthquake, • Liquefaction, • Expansive soils, • Floods/Coastal Storms, • High winds/Santa Ana Winds (resulting in power outages), • Landslide/mudslide, • Land Subsidence, • Tornado/Water Spout, • Wildfire/Urban Fire, and • Human caused hazards. H:ldept\agenda\FAHRIFAHR2006\1206\08.06-87.Hazardous Mil Plan.doc Revised: 9/12105 Book Page 33 Page 5 The following table provides an overview of the potential financial risks to the water and wastewater facilities in Orange County. This table conservatively assumes that if a facility is damaged, the damage is valued at 100% of the replacement cost. Replacement costs for various types of facilities were valued at the highest values submitted from among any of the participants (to be conservative and for ease of analysis). One confusing part of the table has to do with the FEMA requirement that a facility be included in only one category of an event. For example, for earthquakes a facility may be damaged by a moderate earthquake, but also by an extreme earthquake. The table below captures the geographic location based on the GIS mapping. The earthquake hazard map in Orange County shows a much smaller geographic area of "extreme" rating compared to "high" or "moderate". This is the reason why the "extreme" event indicates less dollar damage. A better way to view the table is to think of the "extreme" category as being what would occur in addition to the "high" or "moderate" categories. The biggest threat in California and Orange County is due to the occurrence of earthquakes, of which there are five major faults within Orange County. Mitigation against all service issues from earthquake damage is not possible. At all public meetings, the need for the public to be self sufficient for the first 3 to 5 days following a major earthquake until the local and regional utilities can get their systems back at partial or full operating capacity is crucial. H:ldept\agenda\FAHRIFAHR2006\ 1206108.06-87.Hazardous Mil Plan.doc Revised: 9/12/05 Book Page 34 Page6 Hazard Valuation Loss Summary by Hazard Replacement Value Hazard Event ($Millions) Earthquake Moderate $3,251 High $3,986 Extreme $662 Flood 100 Year $1,415 500 Year $1,459 Landslide $1,372 Liquefaction Moderate $1,200 High $1,931 Very High $56 Fire Low $1 ,111 High $329 Extreme $41 Part of the Plan Preparation Process required by FEMA is to hold public meetings to receive input into the process before the final plan is prepared. Three meetings were recently held to provide an opportunity for public input and review of the process. The first meeting was held at El Toro Water District's Community Advisory Group meeting. This is a quarterly meeting with their customers to discuss and highlight items affecting ETWD. There were about 40 attendees. Two regional community meetings were advertised via press releases, water bill inserts, retail agency service counter materials and via MWDOC's website. One meeting was held in Tustin while the second meeting was held at MNWD. Approximately 15 members of the public attended the meetings, including two members of the Orange County Grand Jury. Important contacts were made at both meetings, including a hospital administrator and a local community preparedness organization. Following the public meetings, the final edits were made to the Plan which culminated in a Final Draft Plan being completed on September 29. Our goal is to complete the approval and adoption process for the plan by December. This will require specific consideration by each of the 20 participating Boards or City Councils. The Hazard Mitigation Plan is not binding on any agency, but adoption of the plan by the local jurisdictions essentially clears the way for the mitigation projects to move forward when H:\deptlagenda\FAHRIFAHR2006\1206\08,06-87.Hazardous Mil Plan.doc Revised: 9112/05 Book Page 35 Page 7 and if specifically approved and funded by the local jurisdiction. Implementation of some projects many not be possible without outside funding. The Orange County Regional Water and Wastewater Multi-Hazard Mitigation Plan will be submitted to FEMA and the California Office of Emergency Services for approval once consideration has been completed by all of the local entities. Upon adoption by the local entities, they will be asked to send a letter certifying successful action by their governing body, a draft attached as Attachment B. The Plan was prepared with $106,000 in Federal Emergency Management Agency (FEMA) grant funds secured by WEROC for the planning effort, along with funds and in- kind contributions by the participating agencies and MWDOC. The agencies participating in the process committed staff time to provide input into the regional plan and to draft goals, objectives, actions and an implementation plan for their own community. Each participating agency has its own implementation section. The total effort, including in-kind contributions, is estimated at $262,000. OCSD's portion was$ 4,800.00. The Plan will require updating every five years. MWDOC will act as the regional facilitator for monitoring and updating of the plan. A copy of the current version of the plan can be viewed or downloaded from the MWDOC website at: http://www.mwdoc.com/DRAFTMulti-HazardMitigationPlan.htm H:\dept\agenda\FAHRIFAHR2006\1206\08.06-87.Hazardous Mit Plan.doc Revised: 9/12/05 Book Page 36 Page 8 Attachment B Draft Certification Letter for OES/FEMA December 22, 2006 Kelly Hubbard, Coordinator Water Emergency Response Organization of Orange County Municipal Water District of Orange County 10500 Ellis Avenue Fountain Valley, Ca 92728 Adoption of the Orange County Regional Water and Wastewater Multi-Hazard Mitigation Plan Dear Ms. Hubbard, The Orange County Sanitation District recognizes the natural and manmade hazards that can affect the Orange County water and wastewater community. Due to the potential affects those disasters can have on our ability to provide (water and/or wastewater) services to our customers we determined it was of benefit to participate in the Orange County Regional Water and Wastewater Multi-Hazard Mitigation. The Orange County Sanitation District participated in the year long process with the Hazard Mitigation Working Group (staff representatives from the 20 agencies) to identify critical infrastructure that is vulnerable to natural hazards. Based on the information developed both regional and individual agency goals, objectives and actions were prepared. The Pre-Draft Hazard Mitigation plan was advertised and shared with the public at three meetings. The final draft plan was presented to the Board of Directors of the Orange County Sanitation District for review and adoption as our official agency hazard mitigation plan. It is recognized that this plan is adopted in coordination with our Malicious Event Vulnerability Assessment and Emergency Response Plan. Staff will utilize both documents as a guideline for future hazard mitigation actions, projects and grant proposals. This letter serves to document that the Board of Directors of the Orange County Sanitation District adopted the plan on December 21, 2006 with the recognition that the State Office of Emergency Services and the Federal Emergency Management Agency may suggest required changes to the plan, which will be incorporated. Sincerely, Orange County Sanitation District H:\dept\agenda\FAHRIFAHR2006\1206\08.06-87.Hazardous Mit Plan.doc Revised: 9112/05 Page 9 Book Page 37 FAHR COMMITTEE Meeting Date To Bel. of Dir. 12/13/06 AGENDA RE.PORT Item Number Item Number FAHR06-88 Orange County Sanitation District FROM: Mike White, Controller SUBJECT: COLLECTION OF CAPITAL FACILITY CAPACITY CHARGES FROM SCHOOL DISTRICTS AND COMMUNITY COLLEGE DISTRICTS GENERAL MANAGER'S RECOMMENDATION Direct staff to pursue capital facilities capacity charges (CFCC) owed by school districts and community college districts for the current year and for prior charges owed over the past four years. SUMMARY The Sanitation District primarily collects CFCC fees through the building permit process of our member cities. Each city establishes various fees, including the Sanitation District's CFCC fee, to be paid at the time the building permit issued. All CFCC fees are then remitted to the Sanitation District on a monthly basis. However, only the Santa Ana Unified School District obtains building permits from the local city for their construction projects. All other school districts work through the State of California for approval to begin construction and do not obtain local building permits. Therefore, these school districts have not been paying the Sanitation District's CFCC fees. Staff is proposing to contact these school districts and obtain their construction schedules for the current year and four years back, and to assess them their fair share of CFCC charges owed to the Sanitation District. PRIOR COMMITTEE/BOARD ACTIONS NIA PROJECT/CONTRACT COST SUMMARY NIA BUDGET IMPACT D This item has been budgeted. (Line item: ) D This item has been budgeted, but there are insufficient funds. D This item has not been budgeted. IZI Not applicable (information item) Form No. ow-102-4 Dept. 320 Page 1 Book Page 38 Agenda Report -FAHR Revised: 12/6/2006 tJj 0 0 :,;-- "ti cfd (1) ~ 0 Orange County School District Construction Projects and Corresponding Connection Fees ISCKOOl. DTSTRICT Anaheim City Buena Pa~ Centralia Cypress Fountain Valley Fullerton Huntington Beach La Hal:>ra City rONSTRUCTION PROJECT None found None found None found None found None found Fisler School -New School Construction Hermosa Drive Elementary -New Fire Water Service Laguna Road Elementary -New Multipurpose Building Pacific Drive Elementary -New Multipurpose Building Richman Elementary -New Multipurpose Building Rolling Hills Elementary -New Multipurpose Building Sunset Lane Elementary -New Multipurpose Building Woodcrest Elementary -New Multipurpose BUIiding None found None foUhd l START DATE COMPLETION --NOTES D~TE UTL Dec-04 UTL Apr-06 UTL Apr-06 UTL Apr-06 UTL Apr-06 UTL Apr-06 UTL Apr-06 UTL Apr-06 Measure Bond BB passed in 03/2002 awarding ACSD $32 million for new construction. Unable to find any info on new projects. Unable to find any info on modernization or new construction projects Measure H passed in 12/2002 and awarded $17.5 million for classroom modernization. No reference to new construction Unable to find any info on modernization or new construction projects Unable to find any info on modernization or new construction projects NO CONNECTION FEE FOUND NO CONNECTION FEE FOUND NO CONNECTION FEE FOUND NO CONNECTION FEE FOUND NO CONNECTION FEE FOUND NO CONNECTION FEE FOUND NO CONNECTION FEE FOUND NO CONNECTION FEE FOUND Unable to find any info on modernization or new construction projects Unable to find any info on modernization or new I construction projeofs J Magnolia Ocean View Savanna None found Harbour View School -New Library added Village View & Westmont None found UTL 1 of 4 Jun-05 Unable to find any info on modernization or new construction projects NO CONNECTION FEE FOUND According to OVSD's "Master Plan" the school district is planning to add libraries at both schools between 2005- 2015. Unable to find any info on modernization or new construction p_roiects ttJ 0 0 :,;-- '"O cffl (I) ~ Orange County School District Construction Projects and Corresponding Connection Fees 15cHooL 01sTR1cT !lcoNsTRucTJoN PROJECT II START~ GoM6A~J1oN I NOTES Westminster None found µnable to find any info on modernization or new ~nsJruc_tion erpjeets Lowell None found Unable to find any info on modernization or new constructi on projects Anaheim Union Kennedy HS -New Construction: new practice gym; UTL Nov-06 NO CONNECTION FEE FOUND expand library, auditorium, and some science classrooms Lexington Jr HS -New Construction: Science UTL Dec-06 NO CONNECTION FEE FOUND Building Oxford Academy -New Construction: 8 UTL Jun-06 NO CONNECTION FEE FOUND classrooms, gym Cypress HS -New Construction: 16 classrooms. UTL Jun-06 NO CONNECTION FEE FOUND gym Loara HS -New Construction: 18 classrooms, 4 UTL Aug-06 NO CONNECTION FEE FOUND science labs, gym South Jr HS -New Construction: 8 classrooms. 4 UTL Aug-06 NO CONNECTION FEE FOUND computer labs. expansion of admin wing Katella HS -New Construction: 43 classrooms, UTL Oct-06 NO CONNECTION FEE FOUND admin and science/tech facilltles . g:r-m Fullerton Joint Buena Park HS -New Construction: "Growth UTL Aug-03 NO CONNECTION FEE FOUND Building" Fullerton Union HS -New Construction "Growth UTL Feb-06 NO CONNECTION FEE FOUND Building" La Habra HS -New Construction: "Growth Building" UTL Feb-04 NO CONNECTION FEE FOUND Sonora HS -New Construction: "Growth Building" UTL Aug-04 NO CONNECTION FEE FOUND Sunny Hills HS -New Construction: "Growth UTL Aug-03 NO CONNECTION FEE FOUND Building" Tro~ HS -New Construction: "Growth Building" UTL Mar-05 NO CONNECTION FEE FOUND Huntington Beach Union Fountain Valley HS -"Expansion": project list refers U'l"L Aug-06 NO CONNECTION FEE FOUND to expaning the library and adding restrooms Huntington Beach HS -New Construction: 19 UTL Oct-06 NO CONNECTION FEE FOUND classrooms, restrooms, and teacher workrooms Ocean View HS -New Construction: 17 classrooms, UTL Nov-06 NO CONNECTION FEE FOUND restrooms. teacher workstations Westminster HS -New Construction: 13 UTL UTL NO CONNECTION FEE FOUND classrooms. restrooms. teacher workrooms 2 of 4 t)j 0 0 ;,;- '"Cl cffl Cl) ~ N Orange County School District Construction Projects and Corresponding Connection Fees ISCHOOL DISTRICT IICONSTRUCTION PROJECT I START DATE COM;;;;10N l NOIES Brea-Olinda Unified Garden Grove Unified Los Alamitos Unified Newport-Me!ia lJrilfled Orange Unified Placentfa YL Unified Santa Ana Unified Tustin ,Unffied None found None found Los Alamitos HS -New Construction 2-story classroom facili Kaiser Elementary -New restroom building added None found Melrose Elementary -New School Construction Lakeview Elementary -New School Construction Hector Godinez HS -New Construction: 9 one and two story buildings Heroes Elementary -New Construction. 2 buildings Lorin Grisel Academy -New Construction new building Mauel Esqueda Elementary -New Construction: 3 buildings Segerstrom HS -New Construction: "several" new buildings Jackson Elementary -New Construction: 2-story classroom building Lincoln Elementary -New Construction: 2-story classroom building Roosevelt Elementary -New Construction: 2-story classroom building Washington Elementary -New Construction: 2- story classroom buildino None found Coast Community College Coastline CC(Westminster Learning Center) - New Construction: 2-story learning center Orange Coast College (Library/Resource Center) New Construction: 2-story building UTL UTL 2002 2003 Oct-03 May-06 Sep-06 Oct-03 May-02 Dec-02 Dec-02 Dec-02 Dec-02 Jul-04 Mar-06 3 of 4 May-06 Dec-05 Sep-04 Sep-05 Ocl-06 Jan-06 Dec-06 May-05 Sep-05 Apr-04 May-04 Apr-04 May-04 Jul-05 Nov-07 Unable to find any info on modernization or new construction projects Unable to -fiijd any lnfo on modernization or new construction projeets NO CONNECTION FEE FOUND NO CONNECTION FEE FOUND Unable to find any info on modernization or new construction J)__r(lj_ects NO CONNECTION FEE FOUND NO CONNECTION FEE FOUND Connection Fee rec'd 01/21/2004 for $333,777.73 NO CONNECTION FEE FOUND Connection Fee Rec'd 12/21/2004 for $59,473.91 Connection Fee Rec'd 11/13/2003 for $116,374.16 Connection Fee rec'd 03/28/2003 for $422,231 .13 Connection Fee rec'd 02/10/2003 for $72,630.91 Connection Fee rec'd 02/10/2003 for $82,211.86 Connection Fee rec'd 02/10/2003 for $63 ,956.65 Conncetion Fee rec'd 02/10/2003 for $79,385.44 Measure G passed in 11/2002 awarded $80 million for modernization projects. No reference to new construction. NO CONNECTION FEE FOUND NO CONNECTION FEE FOUND to 0 0 ,.,. 'l:I ~ ('1) .j::. w Orange County School District Constr_t.Jc;_tion Projects and Corres;po_nding Connection Fees !SCHOOL DISTRICT rONSTRUCTION PROJECT ]!START DATEIICO~~~O~II NOTES No O.C.Community College Reho Santiago Comm Coll Orange Coast College (Field House) -New Dec-05 Oct-06 NO CONNECTION FEE FOUND Construction: exercise/science facility, restroom/ticket office building Orange Coast College (Arts Pavilion) -New Sep-05 Aug-06 NO CONNECTION FEE FOUND Construction: art gallery/student cafe Orange Coast College (Fitness Center) -New Nov-05 Jan-07 NO CONNECTION FEE FOUND Construction: fitness center building Orange Coast College (Transportation Facility) -Apr-04 Mar-05 NO CONNECTION FEE FOUND New Construction: 1-story office, vehicle maintenance shop, bus storage, vehicle wash Orange Coast College (Child Education Lab) - Addition: 877 sg ft classroom addition Cypress College -New Construction: library/learning center, athletic facilities, campus center, maintenance facility Fullerton College -New Construction: library/resource center, Campus Safety facility, Cameos Commons Santiago Canyon College - New Construction: Orange Education Center Santiago Canyon College-New Construction: Student Services building Santiago Canyon College-New Construction: Learning Resource Center Santa Ana College -New Construction: Public Safety Institute Santa Ana College -New Construction: Digital Media Center Jan-06 UTL UTL Apr-04 UTL Nov-04 May-05 Dec-04 4 of 4 Mar-06 See Notes See Notes UTL Aug-04 UTL UTL UTL NO CONNECTION FEE FOUND Library cor;nplele, qy Spring '06; UTL completion for Athletic facilities, campus center to be completed by Q4 2007; Maintenance facility completed Q2 2006 NO CONNECTION FEES FOUND Library/Safety facility completed by Spring '06. Commons to be completed by Q3 2007. NO CONNECTION FEES FOUND NO CONNECTION FEE FOUND NO CONNECTION FEE FOUND NO CONNECTION FEE FOUND NO CONNECTION FEE FOUND NO CONNECTION FEE FOUND FAHR COMMITTEE Meeting Date 12/13/06 AGENDA REPORT Item Number FAHR06-89 Orange County Sanitation District FROM: Mike White, Controller SUBJECT: COMMISSIONS EARNED BY THE SANITATION DISTRICT'S INSURANCE BROKER OF RECORD GENERAL MANAGER'S RECOMMENDATION: Informational item. SUMMARY To Bd. of Dir. Item Number At the November FAHR Committee meeting, staff was asked to report back on the commissions earned by Driver Alliant, the Sanitation District's insurance broker of record, for insurance programs placed in FY 2006-07. Attached is a chart depicting the 10 insurance policies secured by Driver Alliant. The premiums paid for these 10 policies secured by Driver Alliant totaled $1.2 million of which Driver Alliant earned $122,470 in commissions, or 10 percent. In addition, as conveyed by Driver Alliant, the individual commissions earned by Driver Alliant are set by the insurance carriers selling the policies. No additional fees or commissions were imposed by Driver Alliant. Also attached is a summary description of each of the policies obtained by the Sanitation District for FY 2006-07. PRIOR COMMITTEE/BOARD ACTIONS N/A PROJECT/CONTRACT COST SUMMARY N/A BUDGET IMPACT • • ~ This item has been budgeted. (Line item: ) This item has been budgeted, but there are insufficient funds. This item has not been budgeted. Not applicable (information item) Form No. ow-102-4 Dept. 320 Page 1 Book Page 44 Agenda Report -FAHR Revised: 12/6/2006 ADDITIONAL INFORMATION See attachment. ALTERNATIVES NIA CEQA FINDINGS N/A ATTACHMENTS Orange County Sanitation District Insurance Schedules for FY 2006-07 MW Fonn No. DW-102-4 Dept. 320 Page2 BookPage45 Agenda Report -FAHR Revised: 12/6/2006 tp 0 0 ~ "ti cf6 (1) -""' °' POLICY POLICY COVERAGE LIMITS Excess $25,000,000 General Blanket loss limit per Liability occurrence and Insurance annual aggregate ORANGE COUNTY SANITATION DISTRICT INSURANCE SCHEDULE POLICY PERIOD 01-Jul-06 to 01-Jul-07 AS OF 1 JULY 2006 INSURANCE CARRIER ANNUAL PREMIUM Everest National $391,233 Insurance Co. ($10 mil. Layer) Policy# 71 P 2000004-061 Traders & Pacific Insurance Company ($15 mil. Layer) Policy# ELD10000026 SIR/DEDUCTIBLE RETENTION -$250,000 per occurrence and annual aggregate _______ ,. _____ ,___ -----·--·----------________ ,. ______ _ Watercraft Protection & Indemnity 1-Jul-06 (Including Crew Liab. & Terrorism) to -$1 million (Primary) -$9 million (Excess) Hull & Machinery- -$1.3 million -Nerissa -$8,350 -Boston Whaler -$ 595 -Trailer $5 million Pollution 1-Jul-07 Schedule of Insurance 06-07 Northern $17,956 $15,000 Deductible Assurance Company of America ($1 mil. Primary Layer) (#N5JH71175) ($9 mil. Excess Layer) (#N5JH71176) Great American Insurance Co. (#OMH3539502) -Property Damage -P&I (Each Accident) -Collision (Ea. Acci.) -Hull & Mach. (Nerrisa) $2,500 Bodily Injury $1,000 Hull & Mach. (Boston Whaler) $750 Not Applicable RISKS COVERED Excess General Liability on occurrence basis for bodily injury, personal injury, property damage (including vehicles), public officials E+O, and employment practices. Coverage is extended to include loss resulting from Terrorism. Note: Traders & Pacific Insurance Co. is a Non-Admitted Carrier and does not participate in any insurance guarantee funds created by California law. Watercraft Coverage for two District Vessels: -57 ft. Ocean Monitoring Vessel (Neris -11 ft. Boston Whaler 12/5/2006 POLICY COVERAGE Excess Workers' Compensation Commercial Crime Program Travel and Accident POLICY LIMITS -$200 mil. workers' POLICY PERIOD 01-Jul-06 Compensation each to accident/each employee 01-Jul-07 -Includes Allocated Claims Expenses -$25 mil. Terrorism per occur/annual agg. Incl. r -$5 mil. Employer's Liability -$1million {Primary) and $4 million (Excess) Per Loss Employee Dishonesty, Faithful! Performance, and Computer Fraud for all Employees and Directors. Accidental Death and 01-Apr--06 to 01-Apr--07 16-Jun-06 Dismemberment: to -Class 1 -Elected Officials 16-Jun--07 $500,000 per occurrence; -Class 2 -Employees; 10 x annual salary to maximum of $500,000 per occurrence -Class 3 -All spouses of Class 1 and 2 Insured Persons: $25,000 -Class 4 -All dependent children of Class 1 and Class 2 insured persons: $10,000 Aircraft Accident: -Class 1 and 2: $2.5 million Schedule of Insurance 06-07 ORANGE COUNTY SANITATION DISTRICT INSURANCE SCHEDULE AS OF 1 JULY 2006 INSURANCE CARRIER California Public Entity Insurance Authority ANNUAL PREMIUM $0.00365 per actual payroll {est.@ $201,746) SIR/DEDUCTIBLE RETENTION -$500,000 Workers' Compensation & Employers' Liability -Includes Allocated Claims Expenses -Hartford Fire Insurance Co. $4,444 $2,500 Deductible ($2,500 -$22,500 Layer) {72BDDDJ8952) -National Union Fire Insurance Co. ($25,000 -$1,000,000 Layer) (153-38-06) (491-00-02) -Great American Insurance Company {Excess of $1,000,000 Layer) {GVT 357-06-05-04) Chubb Group of Insurance Companies Policy #9905-05-43 $2,500 None 2 RISKS COVERED Specific Excess Insurance for self-insurer of Workers' Compensation in the State of California. Public Employee Dishonesty {AKA Fidelity Bond), including Faithful Performance, Computer Fraud, and Depositor's Forgery Accidental Death and Dismemberment while traveling on District business. 12/5/2006 POLICY COVERAGE Boiler and Machinery Property Insurance POLICY LIMITS $100 mil. Per Occurrence Combined Limit Sublimits: POLICY PERIOD 1-Jul-06 to 1-Jul-07 -$10 mil. Expediting Expenses, Ammonia Contamination, Water Damage, Errors & Omissions, Utility Service Interruptions, Consequential Damage, and Demolition & Increased Cost of Construction -$2 mil. EDP -$1 mil. Hazard Substance and Building Ordinance ORANGE COUNTY SANITATION DISTRICT INSURANCE SCHEDULE INSURANCE CARRIER Lexington Insurance Company ($10 mil. Primary) CNA Insurance Company (50% of $90 mil. excess of $10 mil.) Foreign Excess Ins. Companies (50% of $90 mil. excess of $10 mil.) AS OF 1 JULY 2006 ANNUAL PREMIUM SIR/DEDUCTIBLE RETENTION $25,387 $25,000 Deductible ·-------------· $1 billion for all perils incl. Fire, but excluding Flood & Earthquakes Sub-limits: 1-Jul-06 to 1-Jul-07 $175 mil. Flood (loss limit per occur., no aggregate limitation) $100 mil. Combined Business, Rental Income & Tax Interruption; $100 mil. Terrorism occur. per member; $200 mil per occur. all members; $400 mil. Annual aggregate $40 mil. Extra Expense; $40 mil Errors and Omissions; $25 mil Course of Construction; $25 mil. Cost of Construction $25 mil. Automatic Acquisition; $10 mil. Demolition; $5 mil. for Landscaping Public Entity Property Insurance Program Primary: Lexington Ins. Co. Excess Carriers: $777,833 RKH-Various Lloyds Syndicates Lexington Ins. Co. Commonwealth Ins. Co. Axis Specialty Ins. Corp. RU/Mt. Hawley Essex Insurance Co. $25,000 per occurrence except: $100K Flood per occur.; $500,000 Public Infrastructure (i.e., streets, sidewalks, tunnels bridges, catwalks, culverts, etc.) $10,000 vehicles per occurrence; (Total Insured Values -$1.8 bil.) Munich Insurance Co./Great Lakes Ins. Co. RSUI/Landmark Ins. Co. CAN/Continental Casualty Insurance Co. of the West Excess Terrorism: Various Lloyds Syndicates (District is totally self-insured for the perils of earthquake) Schedule of Insurance 06-07 3 RISKS COVERED Production machines, public utility equipment, and business interruption. All Risk including flood on all real property and personal, underground tunnels, piping, utilities, ocean outfall, lift, and pumping stations, business interruption, rents, (including bond revenue payments), electronic data processing media and extra expense, contractors equipment, vehicles (in- cluding collision), transit, demolition and increased cost of construction, contingent liability, valuable papers, automatic coverage, debris removal, extra expense and accounts receivable all per manuscript form. 12/5/2006 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