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Home My WebLink About2002-01-24FILED IN THE OFFICE OF THE SECRETARY ORANGE COUNTY SANITATION DISTRICT FEB 2 7 2002 DRAFT MINUTES OF AD HOG COMMITTEE RE URBAN RUNOFF MEETING.' Orange County Sanitation District Thursday, January 24, 2002 A meeting of the Ad Hoc Committee re Urban Runoff of the Orange County Sanitation District was held on Thursday, January 24, 2002 at 3 p.m., in the District's Administrative Office. (1) The roll was called and a quorum declared present, as follows: AD HOC COMMITTEE MEMBERS: Directors Present: Shawn Boyd, Ad Hoc Committee Chair Steve Anderson, Director Don Bankhead, Director Beth Krom, Director Tod Ridgeway, Director Norm Eckenrode, Director Directors Absent: Jim Silva, Director/Supervisor (2) APPOINTMENT OF CHAIR PRO TEM No appointment was necessary. (3) PUBLIC COMMENTS OTHERS PRESENT: Thomas L. Woodruff, General Counsel Don Hughes Larry Paul, County of Orange Vicki Wilson, County of Orange Mike Wellborn, County of Orange Bob Beardsley, City of Huntington Beach Scott Baugh, Legislative Consultant June Nguyen, LACSD Rice Alderton Seema Mehta Randy Fuhrman STAFF PRESENT: Blake Anderson, General Manager Bob Ghirelli, Director of Technical Services Bob Ooten, Director of O&M Gary Streed, Director of Finance Lisa Murphy, Communications Manager Tom Meregillano, Regulatory Specialist Jean Tappan, Secretary There were no comments by any member of the public. Minutes of the Ad Hoc Committee re Urban Runoff Meeting Page 2 January 24, 2002 (4) RECEIVE, FILE AND APPROVE MINUTES OF PREVIOUS MEETING The minutes of the of the August 29, 2001Ad Hoc Committee meeting were approved as drafted. (5) REPORT OF THE COMMITTEE CHAIR Committee Chair Shawn Boyd welcomed the attendees. (6) REPORT OF THE GENERAL MANAGER Bob Ghirelli, Director of Technical Services, provided an overview of why the committee is meeting and a PowerPoint presentation was made on steps that have been taken since the beach closures of 1999 and what still needs to be accomplished. The current voluntary policy for treating urban runoff is for dry weather flows only and a daily limit of 10 million gallons. All diversions require a permit. The discharge through the outfall continues to be monitored to maintain regulatory permit limits, as the environmental community is most concerned about the quality of the discharge. The members of the committee discussed and raised questions on the impacts of a full-blown urban runoff program, including costs to the cities, and the role of the county through its Storm Water Permit. The Regional Board's decision to impose storm water permits on the cities will have a major impact on the program. Mr. Anderson said that he thought it was important that the District take an active part in the development of this county -wide program before it was forced on the agency. (7) REPORT OF GENERAL COUNSEL General Counsel did not make a report. (8) DISCUSSION ITEMS — Items (A-D) A. Status of Orange County's Storm Water Permit. This item will be discussed at the next Ad Hoc Committee meeting on February 28, 2002. B. Discussion on the District's Cooperative Projects Program to Fund Urban Runoff Diversion and Treatment Projects. This program could be a possible funding source, but only if there are impacts to 1/I. Changes to the program would require a policy change by the District's Board of Directors. This item will be discussed further at the next Ad Hoc Committee meeting. C. Proposition 218, "Right to Vote on Taxes Act" —Overview and Impacts to Proposed Charter. Scott Baugh, legislative consultant, discussed the consequences of the wording change to the charter and impacts of Proposition 218 on this program. At this time it is unclear whether Proposition 218 applies to charging a fee for treating urban runoff. A ruling would be required to determine whether any fee was a Minutes of the Ad Hoc Committee re Urban Runoff Meeting Page 3 January 24, 2002 'regulatory' or a `property' (ownership) fee. There could be challenges to the District's treating urban runoff as it is not now allowed by charter. An amendment to the charter would be required, and because of the timing, a bill would have to be introduced within the next week to get on this year's legislative calendar. C. Recommend a Legislative Proposal to Change District's Charter to Address Urban Runoff. At the January 23, 2002 Board Meeting, the Directors authorized the Ad Hoc Committee to review the proposed wording of the charter change and the ramifications of the program. While the amended wording provides for the authorization to provide urban runoff treatment, it does not require the District to implement the program. How the program is dealt with can be determined at a later date. The pros and cons of the wording were discussed. Motion: Moved, seconded and duly carried to: Authorize legislative consultant to submit amended charter language as proposed for inclusion in the District's charter. (9) OTHER BUSINESS COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS IF ANY There was no other business discussed. (10) MATTERS WHICH A DIRECTOR WOULD LIKE STAFF TO REPORT ON AT A SUBSEQUENT MEETING There were none. (11) MATTERS WHICH A DIRECTOR MAY WISH TO PLACE ON A FUTURE AGENDA FOR ACTION AND STAFF REPORT There were none. (12) CONSIDERATION OF UPCOMING MEETINGS The next Ad Hoc Committee re Urban Runoff meeting is scheduled for February 28, 2002 at 3 p.m. (13) CLOSED SESSION There was no closed session_ (14) ADJOURNMENT The Chair declared the meeting adjourned at 4:20 p.m. Minutes of the Ad Hoc Committee re Urban Runoff Meeting Page 4 January 24, 2002 5 miffed by: J Tappan, Comm e Secretary G:Iwp.dfalagendalAd Hoc CommitteeslUrban Runoft1012402 draft Ad Hoc Committee Minutes.doc STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) Pursuant to California Government Code Section 54954.2, 1 hereby certify that the Notice and the Agenda for the Urban Runoff Ad Hoc Committee meeting to be held on Thursday, January 24, 2002, was duly posted for public inspection in the main lobby of the District's offices on Thursday, January 17, 2002. IN WITNESS WHEREOF, I have hereunto set my hand this 24th day of January, 2002. Penny M. Kyle, Secretary Board of Directors Orange County Sanitation District Posted: G:\WP.DTA\AGENDA\AD HOC COMMITTEES\URBAN RUNOFF\012402 COMMITTEE POSTING CERTIFICATION FORM.DOC sd'*" ORANGE COUNTY SANITATION DISTRICT R i 1 } i - Hoard Secretary (2) phone: (714) 962-2411 W. (7141962-0356 www.oad.eem NOTICE OF marling address: P.O. Box 6127 Fountain Valley, CA AD HOC COMMITTEE RE URBAN RUNOFF 92728-8127 atrwe address: 108" Ellis Avenue Fountain Valley. CA ORANGE COUNTY SANITATION DISTRICT 92708-7018 Member Agencies THURSDAY, JANUARY 24, 2002 - 3 P.M. Cities Anshewn DISTRICT'S ADMINISTRATIVE OFFICE Brea 10844 ELLIS AVENUE Buena CY Psi* FOUNTAIN VALLEY, CALIFORNIA 92708 Fountain Malley Fullerton Carden Grove Huft&ngtor Feach Irvine L8 Habra A regular meeting of the Ad Hoc Committee re Urban Runoff will meet at the above La Palma date and time to discuss issues of mutual interest. Los Alamitos ►Vewpvr; Reach Orange Flecenua Santa Ana Ssa) Beach seantnn Tusarn >!fin Park YQrba Linda Caunty of Orange Sanitety Districts Costa Mesa Midway City Water Districts Irvine Aanth To maintain world -class leadership in wastewater and water resource management. ROLL CALL (1) Roll Call: Meeting Date: January 24, 2002 _ Meeting Time: 3 p.m. Meeting Adjourned: Ad Hoc Committee Members Shawn Boyd, Ad Hoc Committee Chair .................... Steve Anderson, Director ......................................... Don Bankhead, Director ........................................... Beth Krom, Director ................................................. Tod Ridgeway, Director ........................................... Jim Silva, Director .................................................... Norm Eckenrode, Board Chair ................................ Vacant, Board Vice Chair ......................................... Others Thomas L. Woodruff, General Counsel .................... DonHughes........................................................... Don McIntyre, Consultant ........................................ Larry Paul, County of Orange .................................. Vicki Wilson, County of Orange ............................... Dave Kiff, City of Newport Beach ............................. Bob Beardsley, City of Huntington Beach ................ Scott Baugh, Consultant .......................................... Staff Present Blake P. Anderson, General Manager ...................... Bob Ghirelli, Director of Technical Services ............. David Ludwin, Director of Engineering ..................... Tom Meregillano, Regulatory Specialist ................... Lisa Murphy, Communications Manager .................. Jean Tappan, Secretary ........................................... c: Lenora Crane ETCUV l l MEETING OF THE AD HOC COMMITTEE RE URBAN RUNOFF ORANGE COUNTY SANITATION DISTRICT THURSDAY, JANUARY 24, 2002 AT 3 P.M. ADMINISTRATIVE OFFICE 10844 Ellis Avenue Fountain Valley, California 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 Board Secretary. In the event any matter not listed on this agenda is proposed to be submitted to the Board for discussion and/or action, it will be done in compliance with Section 54954.2(b) as an emergency item, or that there is a need to take immediate action which need came to the attention of the District subsequent to the posting of the agenda, or as set forth on a supplemental agenda posted not less than 72 hours prior to the meeting date. All current agendas and meeting minutes are also available via Orange County Sanitation District's Internet site located at www.ocsd.com. Upon entering the District's web site, please navigate to the Board of Directors section. (1) ROLL CALL (2) APPOINTMENT OF CHAIR PRO TEM IF NECESSARY (3) PUBLIC COMMENTS (4) APPROVE MINUTES OF PREVIOUS MEETING A. Approve minutes of the August 29, 2001 Ad Hoc Committee Meeting re Urban Runoff Book Page 1 2 January 24, 2002 Agenda (5) REPORT OF COMMITTEE CHAIR (6) REPORT OF GENERAL MANAGER (6) REPORT OF GENERAL COUNSEL (7) AD HOC COMMITTEES DISCUSSION ITEMS (Items A-D) A. Status of Orange County's Storm Water Permit (Jim Colston, Tom Meregillano) B. Discussion on the District's Cooperative Projects Program to Fund Urban Runoff Diversion and Treatment Projects (Tom Woodruff) C. Proposition 218, "Right to Vote on Taxes Act" —Overview and Impacts to Proposed Charter (Scott Baugh) D. Recommend a Legislative Proposal to Change District's Charter to Address Urban Runoff (Scott Baugh, Jim Colston, Tom Woodruff) (8) OTHER BUSINESS, COMMUNICATIONS OR SUt--.eLEMENTAL AGENDA ITEMS IF ANY (9) MATTERS WHICH A DIRECTOR WOULD LIKE STAFF TO REPORT ON AT A SUBSEQUENT MEETING (10) MATTERS WHICH A DIRECTOR MAY WISH TO PLACE ON A FUTURE AGENDA FOR ACTION AND STAFF REPORT (11) FUTURE MEETING DATES The next Urban Runoff Ad Hoc Committee Meeting will be scheduled at the meeting or at the call of the Committee Chair. (12) CLOSED SESSION During the course of conducting the business set forth on this agenda as a regular meeting of the Ad Hoc Committee, the Chair may convene the Committee in closed session to consider matters of pending real estate negotiations, pending or potential litigation, or personnel matters, pursuant to Government Code Sections 54956.8, 54956.9, 54957 or 54957.6, as noted. Reports relating to (a) purchase and sale of real property; (b) matters of pending or potential litigation; (c) employment actions or negotiations with employee representatives; or which are exempt from public disclosure under the California Public Records Act, may be reviewed by the Directors during a permitted closed session and are not available for public inspection. At such time as final actions are taken by the Board on any of these subjects, the minutes will reflect all required disclosures of information. A. Convene in closed session, if necessary B. Reconvene in regular session C. Consideration of action, if any, on matters considered in closed session. Book Page 2 3 January 24, 2002 Agenda (13) ADJOURNMENT jt GAwp.dtMagendaWd Hoc Commillees%Urban Runoff\012402 AH Committee Agenda.doc Notice to Committee Members: To place items on the agenda, Committee members should contact the Committee Chair or the Secretary ten days in advance of the Committee meeting. Committee Chair: Shawn Boyd (562) 431-2527 (Seal Beach City Hall) Secretary: Jean Tappan (714) 593-7101 (714) 962-0356 (Fax) e-mail: jtappan@ocsd.com Book Page 3 DRAFT MINUTES OF AD HOC COMMITTEE MEETING RE URBAN RUNOFF Orange County Sanitation District Wednesday, August 29, 2001 at 4 p.m. A meeting of the Ad Hoc Committee re Urban Runoff of the Orange County Sanitation District was held on Wednesday, August 29, 2001 at 4 p.m., in the District's Administrative Office. (1) The roll was called and a quorum declared present, as follows: AD HOC COMMITTEE MEMBERS: Directors Present: Norm Eckenrode, Board Chair Peter Green, Board Vice Chair Shawn Boyd, Ad Hoc Committee Chair Steve Anderson Don Bankhead Beth Krom Tod Ridgeway Directors Absent: Jim Silva (2) APPOINTMENT OF CHAIR PRO TEM OTHERS PRESENT: Thomas L. Woodruff, General Counsel Don Hughes, Assistant to Supervisor Silva Don McIntyre, Consultant Larry Paul, County of Orange Bob Beardsley, City of Huntington Beach Jim Stahl, LACSD Mike Wellborn, County of Orange Chip Prather, OC Fire Authority Ken Smith, County of Orange Howard Johnson, Huntington Beach Jim Jones, Huntington Beach David Kiff, Newport Beach STAFF PRESENT: Blake P. Anderson, General Manager Bob Ghirelli, Director of Technical Services David Ludwin, Director of Engineering Tom Meregillano, Regulatory Specialist Lisa Murphy, Communications Manager Gary Streed, Director of Finance Bob Ooten, Director of Operations and Maintenance Pam Koester, Project Manager Greg Mathews, Assistant to the General Manager Mary Sue Thompson, Source Control Inspector Board Chair Norm Eckenrode announced that he had appointed Director Shawn Boyd as chair of the committee. (3) PUBLIC COMMENTS There were no comments by any member of the public. Book Page 5 Minutes of the Ad Hoc Committee re Urban Runoff Meeting Page 2 August 29, 2001 (4) REPORT OF THE AD HOC COMMITTEE CHAIR Board Chairman Eckenrode welcomed everyone to the meeting. The goal will be to address upstream issues as well as possible improvements that will result in higher quality water at the beaches. (5) REPORT OF THE GENERAL MANAGER General Manager Blake Anderson said that staff is seeking direction from the committee on how wide the role of the Sanitation District should be in the short- and long-term dry weather run off problems for Orange County. (6) REPORT OF GENERAL COUNSEL General Counsel Thomas Woodruff said that in an effort to improve the water quality of the local beaches, the District has five agreements for diversion of dry weather flows into the District's treatment plant in Huntington Beach for treatment. (7) DISCUSSION ITEMS — Items (A-C) A. Update on Urban Runoff Program Bob Ghirelli provided an update on the actions the District has taken since the Directors approved the dry weather runoff diversion program as a result of the closure of 4 1 /2 miles of beach in the summer of 1999. The number of exceedances along Huntington Beach has declined since the diversions were put in place. The County will be putting in permanent rubber dams in the Greenville -Banning and Talbert Channels, as well as the Santa Ana River. The quality of the 2.3 mgd (average) of diverted flow has not been a problem so far, though staff is beginning to see pesticides in the water, but the numbers are very low at this time. The additional diversions will add .4 mgd. B. Program Issues The program approved by the Directors allows for 4 mgd of diverted flow before fees are assessed. Once that 4 mgd is met, everyone in the system will be charged for flow from that point forward. The maximum capacity for diverted flow is 10 mgd. It was noted that the majority of flow is from landscape over -watering and water districts, fire departments and construction projects that dump into storm drains. Operating costs are about $700 per million gallons of flow treated. The County is in the process of creating a model ordinance for grease traps that will require review of maintenance logs during all inspections. This will be passed on to the cities for their action. The requirement for grease traps is part of the building code, which is under the purview of cities. All results will be provided to the cities for further action if necessary. Book Page 6 Minutes of the Ad Hoc Committee re Urban Runoff Meeting Page 3 August 29, 2001 The County is also planning to sponsor a summit, possibly in October, on the various aspects of urban runoff. An initial goal is to increase public awareness of the program and to create incentives to reduce runoff, as well as estimate and set priorities of problem areas. C. Committee Purpose and Goals Among the items that will require additional discussion are quantity and quality issues, funding for diversion projects including the possibility of the District providing matching funding through its Cooperative Projects Program, establishing roles and responsibilities, evaluate and recommend changes to the District's urban runoff program and evaluate funding. The three major issues are: 1) whether to bring diversion runoff into the regional system and how much; 2) who is going to pay for operating costs; and 3) what contributions, if any, should the Sanitation District make to the regional program. Another goal is to take care of the problems to clean up water quality and reduce outrage and pressure in the public setting. Expenditures on things that are not solving the problems should be avoided or curtailed. Staff was directed to monitor the summit planned by the County and the committee will meet again after that, probably in November, to further discuss options. (8) OTHER BUSINESS, COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY There was no other business discussed. (9) MATTERS WHICH A DIRECTOR WOULD LIKE STAFF TO REPORT ON AT A SUBSEQUENT MEETING Staff will report on the Urban Runoff Summit at the next meeting. (10) MATTERS WHICH A DIRECTOR MAY WISH TO PLACE ON A FUTURE AGENDA FOR ACTION AND STAFF REPORT There were none. (11) CONSIDERATION OF UPCOMING MEETINGS The next Ad Hoc Committee re Urban Runoff meeting will be scheduled after the County of Orange's Urban Runoff Summit scheduled for October. (12) CLOSED SESSION There was no closed session. Book Page 7 Minutes of the Ad Hoc Committee re Urban Runoff Meeting Page 4 August 29, 2001 (13) ADJOURNMENT The Chair declared the meeting adjourned at 5:55 p.m. Submitted by: 0n Tappan, Commitfeekoecretary GAwp.dfalagendaWd Hoc CommiffeeslUrban RunoR1082901 Ad Hoc Committee Minutes.doc Book Page 8 AD HOC COMMITTEE AGENDA REPORT Mee2date Q1/24102 To Bd. of Dir. Item Number 7. a. Item Number Orange County Sanitation District FROM: Robert P. Ghirelli, Director of Technical Services Originator: Tom B. Meregillano, Regulatory Specialist SUBJECT: Status Report on the Orange County Storm Water Permit GENERAL MANAGER'S RECOMMENDATION Information Item Only SUMMARY • On December 19, 2001, a special Santa Ana Regional Water Quality Control Board (Regional Board) hearing was held to adopt the Orange County (OC) Storm Water Permit. The Regional Board did not adopt the proposed OC Storm Water Permit because additional public comments were received during the hearing. The Regional Board has scheduled another special Regional Board hearing on January 18, 2002 to adopt the proposed OC Storm Water Permit. The hearing will be held at the Santa Ana City Council Chambers. Permittee's Concerns of the Proposed Orange County Storm Water Permit Additional Municipal Inspection Requirements and Cost: Permittees are required to prioritize, inspect, and enforce all construction, commercial, industrial, and restaurant sites within their jurisdiction. The cost associated with implementing these additional inspection requirements is $14 million/year based on numbers taken from a Regional Board presentation. Permittees spent approximately $52 million during fiscal year 2000-2001 to meet existing storm water regulations. ➢ The Regional Board has recommended to the County that the County's Health Care Agency, which currently implements a countywide restaurant inspection program, should conduct these inspections, not local wastewater agencies. The County currently disagrees with the Regional Board that the permittees should be responsible for inspecting grease trap devices. • New Development/Significant Re -Development: The Regional Board will implement numeric sizing criteria for all new development and significant redevelopment sites if the County does not submit an acceptable Water Quality Management Plan (WQMP) to the Regional Board by October 1, 2003. Book Page 9 OCSD's Maior Concern on the Proposed Permit Proposed General Waste Discharge Requirements for Sewage Collection Agencies in Orange County: A number of beach closures in Orange County have been due to spills, overflows, and leaks from sanitary sewer lines. To address these concerns, the Regional Board has described in the proposed OC Storm Water Permit that a set of separate waste discharge requirements (WDRs) for local sanitary sewer agencies is to be developed. The Regional Board, in cooperation with the District and other local sanitary sewer agencies, has developed proposed WDRs and identified the District to lead a steering committee of all other entities tributary to the District for the purpose of complying with the proposed WDRs. At this time, long-term costs of the proposed WDR regulations are not known. The Regional Board is scheduled to hold a public workshop on the proposed WDRs on January 23, 2002. A report on the outcome of that meeting will be made at the Ad Hoc Committee meeting. • Urban Runoff Controls and Cooperative Project Funding: With the added cost in implementing Best Management Practices (BMPs) to address urban storm water pollution, permittees of the proposed OC Storm Permit may seek funding from the District to fund urban runoff diversion projects. PROJECT/CONTRACT COST SUMMARY Not applicable 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) ADDITIONAL INFORMATION Not applicable ALTERNATIVES Not applicable CEQA FINDINGS Not applicable TM:wh:mm G:\wp.dta\agenda\Ad Hoc Committees\Urban Runo(H012402 Status Report OC Storm Water Permit AR.doc Revised: 01/15/02jt Page 2 Book Page 10 ATTACHMENTS Los Angeles Times, December 20, 2001: "Regional Water Boards New Rules on Hold" Daily Pilot, December 20, 2001: "Tough Water Standards Postponed" TM.wh:mm G:\wp.dta\agenda\Hd Hoc Committees\Urban Runoff\012402 Status Report OC Storm Water Pemdt AR doc Revised: 01/15/02jt Page 3 Book Page 11 Regional Water Board Puts New Rules on Hold Page 1 of 3 December 20, 2001 ORANGE COUNTY 4<- Talk about it 41 E-mail story J Print Regional Water Board Puts New Rules on Hold ■ Environment: Objections to the timing of additional regulations lead to the delay. Provisions take tough stand on runoff control. By SEEMA MEHTA, TIMES STAFF WRITER State water officials put off voting on sweeping Times Headlines new rules on storm water runoff in northern and SEC Files Lawsuit Against central Orange County after local officials Company Led by Masry objected to dozens of revisions they never got a Congress OKs $254-Million chance to review. 'Brownfield' Cleanup Regional Water Board Puts "Failure to [delay the vote], I respectfully New Rules on Hold suggest ... could cause or contribute to the Timber Sale Stalled to Allow development of an antagonistic relationship Appeal because it will compel city councils ... to Airing the Environment at an petition this matter to the state board," said Urban School attorney Rufus C. Young Jr., who is more > representing Lake Forest, Los Alamitos and Stanton. SUBSCRIBE to the Los Angeles Times. The Santa Ana Regional Water Quality Control click here Board's unanimous vote followed testimony by more than three dozen county and city officials, environmentalists, attorneys and a handful of residents at the five -hour meeting Wednesday in the Santa Ana City Council chambers. The regulations, mandated by the federal Clean Water Act, are meant to reduce the amount of polluted runoff tainting local waterways. Though some people disagree, the U.S. Environmental Protection Agency says that runoff --car oil, pet waste and other contaminants washed off streets and lawns into storm drains, creeks and eventually the ocean --is the No. 1 cause of coastal pollution. The Santa Ana regional board is charged with enforcing the Clean Water Act and state water -quality laws in northern and central Orange County. New requirements include strict inspections of construction sites, carwashes, restaurants and other businesses that often are the sources of runoff; ensuring that discharges from storm drains not cause or contribute to water -quality violations of state limits; and the launch of a public - education campaign. The rules are contained in a five-year permit that must be adopted by the regional board. The permit, required by the federal Clean Water Act, applies to the county and 25 cities. The vote was delayed because the cities did not get a chance to comment on 49 recent revisions to the regulations. Revisions made this month were http://www.latimes.com/news/science/la-00010075 8dec20. story Book Page 13 12/21/01 Regional Water Board Puts New Rules on Hold Page 2 of 3 mailed to the county but were not sent to the 25 affected cities. A new set of revisions was released late Tuesday afternoon, not allowing for any comment. "A cursory review shows that they are not minor revisions. These make substantive changes," said attorney John Schlotterbeck, who represents the county. "Give additional time so we can submit comments." Another reason for the delay appeared to be to give three newly appointed board members a chance to catch up. Gov. Gray Davis appointed Joan Dotson, William Ruh and Karen Stein to the board less than three weeks ago, leaving scant time to review thousands of pages of documents on the issue. Two board members --John Withers and Jose Solario--recused themselves because of potential conflicts of interest. Concern About Added Costs Officials at the hearing voiced concerns about the cost of the inspection program. According to a cost analysis prepared by the county, the affected agencies already are spending $52 million to meet existing storm -water regulations this fiscal year, and meeting the new requirements will cost an extra $14 million. With the exception of Newport Beach, which pushed for stricter standards, every city official who testified was concerned about finding money to pay for the new measures. Dave Kiff, assistant city manager of Newport Beach, said, "While there are significant costs to comply with the tentative order, there are more significant costs if the [agencies involved] do not clean up our beaches and our water." Environmentalists say the regulations are too lax and are less effective than rules adopted for Los Angeles, San Diego and Ventura counties. "It's the weak link on the coast," David Beckman, a senior attorney with the Natural Resources Defense Council's Los Angeles office, said earlier this week. "From Ventura County to the Mexican border, this is the weakest permit by far.... This is the hole. It doesn't measure up. It's not even close." Activists also said street sweeping, storm -drain filter cleaning and other requirements are too vague. At the hearing, water board staff members made a point of saying that their proposed regulations are not weaker, but more flexible. The Santa Ana regional board put off voting on the permit until a special meeting on Jan. 18 in an undetermined Iocation. A permit for South County, which is under the jurisdiction of the San http://www.latimes.com/news/science/la-0001 0075 8 dec20. story Book Page 14 12/21/01 Regional Water Board Puts New Rules on Hold Page 3 of 3 Diego Regional Water Quality Control Board, is modeled after the permits adopted for Los Angeles and San Diego counties and is expected to be voted on at a 9 a.m. meeting Jan. 9 in the Mission Viejo City Council chambers. For information about reprinting this article, go to http://www.lats.com/rights http://www.latimes.com/news/science/la-000100758dec2O.story Book Page 15 12/21/01 Tough water standards postponed Page 1 of 2 December 20, 2001 4+ Talk about it 4 E-mail story r Print advert NEWPORT BEACH Tough water standards postponed ■ Delay by regional board will allow cities more time to look at proposed changes to the rules. By June Casagrande and Paul Clinton �lendless NEWPORT BEACH -- City officials anxious about strict new water -quality rules were left in Daily pilot limbo Wednesday by a regional board's decision News • City Hall to postpone a vote on the matter. • Columnists Maura • Public Safety Culture The Santa Ana Regional Water Quality Board d catni Forum e-i on Wednesday postponed a vote on a permit that • Religion means you' to shove fe allows Orange County cities to operate their Sports • High School Sports winter storm drains. The delay gives representatives of ' Youth Sports the 34 cities more time to consider last-minute • Best Buys • Obituaries A floor lamp changes to the 90-page document. • About the Daily Pilot • About the Staff spreads sun all over a ro The board plans to take up the matter at a special hearing Jan. 18, board spokesman Kurt Spotlight Carry 20 GB Berchtold said. The board also set Jan. 8 as a Learn Your Schools' in your shirt deadline to submit public comments on the 49 Academic Rankings Compare neighborhood schools „ proposed changes. There were a number of based on California's just- released Academic Performance Time zone t last-minute changes," Berchtold said. "The Index at GreatSchools.net. zone never board decided people didn't have enough chance watch again to review these changes." California Digital came Beach has been a strong supporter of �'P g PP Electricity � an webNewport camcorder camcorder strict new rules designed to keep debris out of size size of a pe storm drains that run into the ocean. But at the Updated news about the state's same time, local officials have said the rules power woes. Private DVD will be tough for everyone to comply with. puts a--floati foot screen "I think it's the only way to get a cleaner bay before your and a cleaner ocean,„ Assistant City Manager classifieds and more . Careers Dave Kiff said. "We all talk about cleaning the • Cars It's time to p bay and reducing postings and closures, but a • Homes your photos good education program only gets us so far. • Rentals your compu• There's got to be the teeth in the laws to really This week's ads from the PRINT edition of get us there." the newspaper. • Marketplace Features Everyone agrees that the proposed rules have Local Headlines teeth. The rules are, in effect, conditions of a Surf and Sun permit the Santa Ana Regional Water Quality Board issues to the county to operate storm Triangle Square loses another drains. The previous five-year permit expired in tenant March. Board members will revisit the issue at Costa Mesa council moves RVs off the street their next meeting. Once approved, the new permit, which contains seriously stepped -up Patrolling the parade rules for keeping water clean, will go into effect Tough water standards http://www.latimes.com/tcn/pilot/news/la-dp0026388dec20.story 12/21/01 Book Page 17 Tough water standards postponed Page 2 of 2 immediately. postponed more > "It's very controversial," said Berchtold, who explained that coastal cities tend to support suastwBE to the stronger regulations while those further inland los Angeles Times - say they are concerned with costs. "Newport click here Beach has been very supportive. A letter we received from Newport Beach in October was probably the most supportive one we got." In an attempt to accommodate cities' concerns, Berchtold said the board has made numerous revisions to the 90-page document. Most notably, he said, they relaxed proposed inspection rules that would have required Newport Beach to hire three full-time inspectors for construction sites. Also, wording in the permit was changed that will allow measures such as catch basins in storm drains to help cities comply with the rules. Businesses would bear more of the brunt of keeping water clean than individuals, according to the permit. Residents, for example, would still be allowed to wash their cars with soap and water. "Though I hope they don't," Kiff said. But if individual behaviors add up to a collective problem, the law could step in to control things such as washing cars or watering lawns, which both can send pet waste into the storm drains. Worried that the permit could take its biggest toll on small business owners, City Councilwoman Norma Glover has suggested the city step in to help pay for things such as sidewalk washing. Under the new permit, businesses would be prohibited from hosing down their sidewalks unless they take measures to keep the pollutants out of the ocean. For information about reprinting this article, go to http://www.lats.com/rights (LICK THE 4d# L� FAR OWL] 0AW ar l } appenstance s,4P1 � Copyright 2001 Los Angeles Times By visiting this site, you are agreeing to our Terms of Service. http://www.latimes.com/ten/pilot/news/la-dp00263 88dec20. story Book Page 18 12/21/01 AD HOC COMMITTEE 1 Meeting Date To Bd. of Dir. 1-24-02 AGENDA REPORT It,,Nu ber Item Number Orange County Sanitation District FROM: Robert P. Ghirelli, Director of Technical Services Originator: Tom B Meregillano, Regulatory Specialist SUBJECT: Cooperative Project Funding - Urban Runoff Diversion Projects GENERAL MANAGER'S RECOMMENDATION Information Item Only SUMMARY For the past three years, the District's Cooperative Projects Program (Program) offers to co -fund projects sponsored by any local city or wastewater collection agency within the District's jurisdiction to eliminate or reduce inflow and/or infiltration (1/1) of storm/groundwater from local wastewater collection lines into the District facilities, and/or repair or 1 replace poor performing, aging local wastewater collection systems infrastructure. The District's funding mechanism is carried out by 1) contributing up to fifty percent (50%) matching funds against local agency funds applied to a project, 2) granting a low interest loan (3%) to fund a portion of the project, or 3) a combination of contribution and low interest loan. With a well -established and recognized funding Program in place by the District, local cities, that are currently discharging dry weather urban runoff into the District's facilities for treatment and disposal, have inquired if the District can fund urban runoff diversion projects. The District's Program anticipates providing $142 million over the next twenty years for 1/1 projects. The 5-year budget for the program, established in 1999, is for approximately $12 million. Some of this funding could be allocated to urban runoff diversion projects if the Board of Directors so desired. Presently the District processes about 2 MGD of dry weather urban runoff during the summer months. The City of Huntington Beach estimates that flows within its boundaries are around 10-20 MGD. Book Page 19 Approved and Proposed Funding Summary of the District's Cooperative Projects Program OCSD COOPERATIVE PROJECTS PROGRAM Approved and Proposed Agency Funding Summary Program Year Approved Anticipated Year of Reimbursement Funding FY 99/00 FY 00/01 FY 01/02 FY 02/03 FY 03/04 FY 99/00 $2,257,656 $147,500 $1,010,664 $1,099,492 FY 00/01 $4,032,418 $2,459,818 $1,572,600 FY 01/02 PHASE 1 $2,577,133 $318,250 $2,258,883 FY 01/02 PHASE II $3,480,206 $1,662,940 $1,817,266 TOTAL1 $12,347,413 $147,500 $1,010,6641 $3,877,5601 $5,494,423 $1,817.266 • The cost of a diversion project varies, but a typical project can run from several hundred thousand dollars to more than a million dollars. Example of Construction Cost of Urban Runoff Diversion Projects from the County of Orange Grange County Flood Control Construction Costs - Diversion Projects County Diversion Project Cost Average Flow, MGD 0.3 Huntington Beach Pump Station Diversion Project $190,700 Santa Ana River Channel Diversion Project $624,450 0.4 Greenville Banning Channel Diversion Project $1,004,500 0.3 Talbert Channel Diversion Project $1,297,900 0.4 PROJECT/CONTRACT COST SUMMARY 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) TM:wh:mm G:\wp.dta\agenda\Ad Hoc Committees\Urban Runoff\012402 Coop Funding Urban Runoff Diversion AR.doc Revised 011502;t Page 2 Book Page 20 ADDITIONAL INFORMATION N/A ALTERNATIVES N/A CEQA FINDINGS N/A ATTACHMENTS December 26, 2001 letter from City of Huntington Beach September 4, 2001 Memorandum from General Counsel TM:wh:mm G:\wp.dta\agenda\Ad Hoc ComrnitteeslUrban Runoff1012402 Coop Funding Urban Runoff Diversion AR.doc Revised: 011502jt Page 3 Book Page 21 Sr`c..o L G >!igg�J1ow cAx sct " /c /4A'y0 poRa - cc 04 K0 rY' Y IE CITY OF HUNTINGTON BEACH 2000 Main Street P.O. Box 190 California 92648 Robert F. Beardsley, P.E. Director December 26, 2001 Mr. Blake Anderson, General Manager Orange County Sanitation District 10844 Ellis Avenue Fountain Valley CA 92708 Dear Mr. An son: Department of Public Works (714)536-5431 At our December 17, 2001, City Council meeting, Mayor Pro Tem Ralph Bauer proposed an action item for the full Council's consideration, i.e., to request that the Orange County Sanitation District include in its Capital Improvement Program the allotment of capacity for accepting and processing all dry weather urban runoff from flood control channels that run through the City of Huntington Beach. This action was approved by a 6-0 vote of the Council. For your reference, I have enclosed Dr. Bauer's memorandum and the Council action item. It is my understanding that this would include both the large County of Orange channels, as well as City facilities. Would you please review this material and respond back to me on the feasibility of accepting all dry weather urban runoff flows, either passing through or generated within the City, into your collection system. Our best estimate at this time would be that this would generate inflows to your system of around 10-20 MGD. If you have any questions or need additional information, please have your staff call David Webb, City Engineer, at (714) 375-5077. Sincer Robert F. Beardsley Director of Public Works RFB:DW:jm Enclosures c Ray Silver, City Administrator Elaine Kuhnke, Admin. Analyst Book Page 23 CITY OF HUNTINGTON BEACH City Council Interoffice Communication To: Honorable Mayor and City Council Members From: Ralph Bauer, City Council Member Date: December 12, 2001 Subject: 0 rl N V co 71 a "H" ITEM FOR DECEMBER 17, 2001 CITY COUNCIL MEETING - REQUEST TO THE ORANGE COUNTY SANITATION DISTRICT STATEMENT OF ISSUE: The Orange County Sanitation District is currently developing capital improvement plans to handle sewage and urban run-off, RECOMMENDED ACTION: As input to them, the following motion is made: I move that the Sanitation District be requested to include in their capital improvement program the capacity for handling all dry weather run-offs from flood control channels that run through Huntington Beach. As a second motion: I move that the Huntington Beach staff research the possibility that urban run-off facilities can be funded in the same way that sewage treatment is funded without resorting to a Proposition 218 vote. RB:cf xc: Ray Silver Connie Brockway Bob Beardsley Book Page 24 (24) December 17, 2001 - Council/Agency Agenda - Page 24 H-1 c. Submitted By Mayor Pro Tern Ralph Bauer (City Council) Request the Orange County Sanitation District to Include the Handling of Flood Control Channels in its Capital Improvement Plans and Direct Staff to Seek Funding Alternatives to Proposition 218 for Urban Runoff Treatment Facilities ( . ) Communication from Mayor Pro Tern Ralph Bauer transmitting the following Statement of Issue: The Orange County Sanitation District is currently developing capital improvement plans to handle sewage and urban run-off problems. Recommended Action: As input to the Orange County Sanitation District, the following motion is made: I move that the Orange County Sanitation District be requested to include in their capital improvement program the capacity for handling all dry weather run-offs from flood control channels that run through Huntington Beach; and As a second motion: I move that the Huntington Beach staff research the possibility that urban run-off facilities can be funded in the same way that sewage treatment is funded without resorting to a Proposition 218 vote. Approved both recommended motions 6-0-1 (Garofalo out of room) Councilmember Boardman stated residents' Christmas trees can be planted in City's Urban Forest if not root bound. Contact the Parks, Trees and Landscape Division at 17581 Gothard Street. Councilmember Bauer announced that the City will participate in Tree City USA in March 2002. Council Comments - Not A endized At this time Councilmembers may report on items not specifically described on the agenda which are of interest to the community. No action or discussion may be taken except to provide staff direction to report back or to place the item on a future agenda. Council Agency Adiournment to Monday, January 7, 2002, at 5:00 p.m., in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. Council/Agency Agendas and Minutes are Available at No Charge to the Public at the City Clerk's Office by Mail and Through Paid Subscription. Complete Agenda Packets are Available at the Central Library and Library Annexes on Friday Prior to Meetings. Video Tapes of Council Meetings are Available for Checkout at the Central Library at No Charge. CONNIE BROCKWAY, CITY CLERK City of Huntington Beach 2000 Main Street - Second Floor Huntington Beach, California 92648 Internet: http://www.ci.huntington-beach.ca.us Book Page 25 LAW OFFICES OF WOODRUFF, SPRADLIN & SMART A PROFESSIONAL CORPORATION MEMORANDUM TO: Mr. Robert P. Ghirelli Director of Technical Services FROM: General Counsel DATE: September 4, 2001 RE: Cooperative Projects Program In response to your recent request as to whether the District has any limitations or impediments on using its current Cooperative Projects Program funds for any of the urban runoff diversion projects, I would indicate that there is no limitation under applicable provisions of State law. In 1997, the District adopted the Program, and while it does not have the force and effect of an Ordinance, and certainly could be subject to a liberal interpretation allowing use for urban runoff projects, I believe that as presented and approved by the Board, the Cooperative Projects Program is limited to those projects intended to reduce or eliminate inflow and infiltration of water into the local sewer lines, to identify illegal connections to local sewer systems, and to repair or replace aging infrastructure. A review of the Minutes from the Board of Directors meeting of May 26, 1999, which approved funding for the FY99-00, affirms that the Board was considering only the issues of inflow and infiltration reduction. It is my recommendation that a report be prepared for:the Board's consideration, which would expand the permissible uses of the Cooperative Projects Program to specifically address such matters as urban runoff diversion projects, which can be set forth in whatever detail Staff feels appropriate. nw.p) cc: Mr. B. P. Anderson Mr. G. G. Streed TH MAS L. WOODRUFF GENERAL COUNSEL 141o1nl Book Page 26 AD HOC COMMITTEE AGENDA REPORT Orange County Sanitation District FROM: Robert P. Ghirelli, Director of Technical Services Originator: James Colston, Senior Regulatory Specialist SUBJECT: Recommendation to Prepare Charter Legislation GENERAL MANAGER'S RECOMMENDATION Meeting Date To Bd. of Dir. j 1-24-02 It,qyNu ber' Item Number I f Authorize the General Manager to prepare draft legislation to expand the agency's charter to include permissive language regarding the diversion and management of dry weather urban runoff flows and to begin the process to achieve sponsorship and support for the legislation through the California Legislature. SUMMARY Due to the beach closures along Huntington Beach city and State beaches during the summer of 1999, the Orange County Sanitation District (OCSD) began an emergency acceptance of some local urban runoff flows to help reduce beach contamination. Subsequently, the agency formed the Urban Runoff Ad Hoc Committee to develop a policy to formalize the acceptance of urban runoff flows. Based on the development of this policy and changing community needs, agency staff is recommending that the Board of Directors expand the charter of the agency to include treatment, reuse and disposal of dry weather urban runoff flows, as appropriate. PROJECT/CONTRACT COST SUMMARY $25,000 for consultant services to sponsor the charter amendment legislation. BUDGET IMPACT ® This item has been budgeted. (Line item:101) ❑ This item has been budgeted, but there are insufficient funds. ❑ This item has not been budgeted. ❑ Not applicable (information item) ADDITIONAL INFORMATION The Irvine Ranch Water District and the Santa Margarita Water District adopted similar legislation during 2001 via Assembly Bill 810. The specific language of this bill authorizes the districts "to acquire, construct, operate, maintain, and furnish facilities for the diversion of urban runoff from drainage courses within the district, the treatment of Book Page 27 the urban runoff, the return of the water to the drainage courses, or the beneficial use of the water." The proposed changes in OCSD's Charter would be modeled after the IRWD bill. ALTERNATIVES No recommendation to staff to develop the legislation language or begin the sponsorship process. CEQA FINDINGS N/A ATTACHMENTS Proposed Bill Language Assembly Bill 810 (2001) JC:wh:mm G:\wp.dta\agenda\Ad Hoc Committees\Urban Runoff\012402 Legislative Charier Rec AR.doc Revised: 011502 jl Page 2 Book Page 28 Proposed Bill Language Health and Safety Code Section 4746.7 Orange County Sanitation District; powers (a) Notwithstanding any other provision of law, the Orange County Sanitation District, in addition to the existing powers authorized in this chapter, may acquire, construct, operate, maintain, and furnish facilities for the diversion of urban runoff from drainage courses within the district, the treatment and disposal of the urban runoff, the return of the water to drainage courses, or the beneficial use of the water. (b) In order to carry out the powers and purposes granted under this section, the district may exercise any of the powers otherwise granted to a district by this chapter to the extent those powers may be made applicable. (c) Nothing in this chapter affects any obligation of the district to obtain a permit that may be required by law for the activities undertaken pursuant to this section. JC:wh:mm G:\wp.dta\agenda\Ad Hoc Committees\Urban RunofAO12402 Legislative Charter Rec AR.doc Page 3 Revised: 011502 jt Book Page 29 Assembly Bill No. 810 CHAPTER 209 An act to add Chapter 2.7 (commencing with Section 35539.10) to Part 5 of Division 13 of the Water Code, relating to water. [Approved by Governor August 30, 2001. Filed with Secretary of State August 31, 2001.] LEGISLATIVE COUNSELS DIGEST AB 810, John Campbell. California water districts: Irvine Ranch Water District and Santa Margarita Water District. The California Water District Law authorizes a California water district to acquire, plan, construct, maintain, improve, and operate the necessary works for the production, storage, transmission, and distribution of water for irrigation, domestic, industrial, and municipal purposes, and any related drainage or reclamation works. This bill would authorize the Irvine Ranch Water District and Santa Margarita Water District to acquire, construct, operate, maintain, and furnish facilities for the diversion of urban runofffrom drainage courses within the district, the treatment of the urban runoff, the return of the water to the drainage courses, or the beneficial use of the water. The people of the State of California do enact as follows: SECTION 1. Chapter 2.7 (commencing with Section 35539.10) is added to Part 5 of Division 13 of the Water Code, to read: CHAPTER 2.7. PROVISIONS PERTAINING ONLY TO IRVINE RANCH WATER DISTRICT AND SANTA MARGARITA WATER DISTRICT 35539.10. This chapter applies only to the Irvine Ranch Water District and Santa Margarita Water District. The powers granted in this chapter supplement the existing powers of the districts. 35539.12. The districts may acquire, construct, operate, maintain, and famish facilities for the diversion of urban runuff from drainage courses within the districts, the treatment of -the urban runoff, the return of the water to the drainage courses, or the beneficial use of the water. 35539.14. In order to carry out the powers and purposes granted under this chapter, the districts may exercise any of the powers otherwise granted to a district by this division to the extent those powers may be made applicable. 35539.16. Nothing in this chapter affects any obligation of the districts to obtain a permit that may be required by law for the activities undertaken pursuant to this chapter. Book Page 30 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 published on recycled paper ��i