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HomeMy WebLinkAbout01-28-2015 Steering Committee Agenda Packet.pdf Orange County Sanitation District Wednesday, January 28, 2015 Regular Meeting of the 5:00 P.M. Steering Committee Administration Building Conference Rooms A& B 10844 Ellis Avenue Fountain Valley, CA 92708 " (714) 593-7130 AGENDA DECLARATION OF QUORUM: PUBLIC COMMENTS: If you wish to speak, please complete a Speaker's Form and give it to the Clerk of the Board. Speakers are requested to limit comments to three minutes. REPORTS: The Committee Chair and the General Manager may present verbal reports on miscellaneous matters of general interest to the Directors. These reports are for information only and require no action by the Directors. CONSENT CALENDAR: 1. Approve Minutes of the December 17, 2014 Steering Committee Meeting. NON-CONSENT ITEMS: 2. Recommend to the Board of Directors to: Approve the Orange County Sanitation District 2015 Legislative Plan. 3. Recommend to the Board of Directors to: Adopt Resolution No. OCSD 15-01, entitled, "A Resolution of the Board of Directors of Orange County Sanitation District Fixing and Establishing Rules of procedure for the Conduct of Business of the District, and Repealing Resolution No. OCSD 10-06." 01/28/15 Steering Committee Agenda Page 1 of 4 4. Recommend to the Board of Directors to: Adopt Resolution No. OCSD 15-02, entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District approving the Memoranda of Understanding between the Orange County Sanitation District and the Supervisory and Professional Management Group, for Fiscal Years 2013/2014, 2014/2015 & 2015/2016." 5. Recommend to the Board of Directors to: Adopt Resolution No. OCSD 15-03, entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District approving Salary and Benefit Adjustments for Unrepresented Exempt Confidential Employees for Fiscal Years 2013/2014, 2014/2015 & 2015/2016." 6. Steering Committee to grant the request for a hearing and set a date and time for the hearing in the matter of Klean Waters, Inc., Tim Miller and Shaun Miller (Industrial Wastewater Discharge Permit No. 52-1-841) and determine procedures for the hearing. INFORMATION ITEMS: None. CLOSED SESSION: During the course of conducting the business set forth on this agenda as a regular meeting of the Board, the Chair may convene the Board in closed session to consider matters of pending real estate negotiations, pending or potential litigation, or personnel matters, pursuant to 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 Board during a permitted closed session and are not available for public inspection. At such time as the Board takes final action on any of these subjects, the minutes will reflect all required disclosures of information. Convene in closed session. (1) CONFER WITH LABOR NEGOTIATORS (Government Code Section 54957.6) Agency Designated Representatives: Steve Filarsky, James Ruth, James Herberg, Robert Ghirelli, Jeff Reed, and Richard Spencer. Employee Organizations: 2 01/28/15 Steering Committee Agenda Page 2 of 4 • Orange County Employees Association (OCEA); • International Union of Operating Engineers, Local 501 (2) CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED LITIGATION (Government Code Section 54956.9(d)(2)) Significant Exposure to Litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9. Number of Potential Cases: 1 Claim for Damage or Injury from Rush N. Hill, II (3) CONFERENCE WITH LEGAL COUNSEL RE ANTICPATED LITIGATION (Government Code Section 54956.9(d)(4)) Initiation of Litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9 Number of Potential Cases: 1 Recovery of sales tax paid to the State Board of Equalization on the purchase of chemicals used to treat wastewater. (4) PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code Section 54957(b)(1)) Number of Employees: 1 General Counsel Reconvene in regular session. Consideration of action, if any, on matters considered in closed session. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: ADJOURNMENT: The next Steering Committee meeting is scheduled for Wednesday, February 25, 2015, at 5:00 p.m. 01/28/15 Steering Committee Agenda Page 3 of 4 Accommodations for the Disabled: Meeting Rooms are wheelchair accessible. If you require any special disability related accommodations, please contact the Orange County Sanitation District Clerk of the Board's office at (714) 593-7130 at least 72 hours prior to the scheduled meeting. Requests must specify the nature of the disability and the type of accommodation requested. Agenda Posting: In accordance with the requirements of California Government Code Section 54954.2,this agenda has been posted outside the main gate of the Sanitation District's Administration Building located at 10844 Ellis Avenue, Fountain Valley, California, not less than 72 hours prior to the meeting date and time above. All public records relating to each agenda item, including any public records distributed less than 72 hours prior to the meeting to all,or a majority of the Board of Directors,are available for public inspection in the office of the Clerk of the Board. NOTICE TO DIRECTORS: To place items on the agenda for the Committee Meeting, items must be submitted to the Clerk of the Board 14 days before the meeting. Maria E.Ayala Clerk of the Board (714)593-7130 mavalalo?ocsd.com For any questions on the agenda,Committee members may contact staff at: General Manager Jim Herberg (714)593-7110 iherberobocsd.com Assistant General Manager Bob Ghirelli (714)593-7400 mhirelli(olocsd.com Director of Engineering Rob Thompson (714)593-7310 rthomoson(@Iocsd.com Director of Facility Support Services Nick Arhontes (714)593-7210 narhontes(alocsd.com Director of Finance and Lorenzo Tyner (714)593-7550 Itvner(o)ocsd.com Administrative Services Director of Human Resources Jeff Reed (714)593-7144 ireed(o)ocsd.com Director of Operations&Maintenance Ed Tortes 714 593-7080 etorres ocsd.com 01/28/15 Steering Committee Agenda Page 4 of 4 ITEM NO. 1 MINUTES STEERING COMMITTEE MEETING Orange County Sanitation District The Steering Committee meeting convened on Wednesday, December 17, 2014, at 5:35 p.m. in the Administration Building of the Orange County Sanitation District. A quorum was declared present, as follows: COMMITTEE MEMBERS PRESENT: STAFF PRESENT Tom Beamish, Chair Jim Herberg, General Manager John Nielsen, Vice-Chair Bob Ghirelli, Assistant General John Withers, Administration Manager Committee Chair Nick Arhontes, Director of Facilities Keith Curry, Member-At-Large Support Services Steve Jones, Member-At-Large Jeff Reed, Director of Human Greg Sebourn, Member-At-Large Resources Rob Thompson, Director of Engineering COMMITTEE MEMBERS ABSENT: Ed Torres, Director of Operations & Vacant, Operations Committee Chair Maintenance Lorenzo Tyner, Director of Finance & Administrative Services Maria E. Ayala, Clerk of the Board Jennifer Cabral Jim Colston Norbert Gaia Al Garcia Stephanie Good Andrew Nau Rich Spencer OTHERS PRESENT: Brad Hogin, General Counsel James Ruth, Consultant PUBLIC COMMENTS: None. Minutes of the Steering Committee December 17 2014 Page 2 of 4 REPORTS: Chair Beamish reported on the Legislative and Public Affairs (La PA) Special Committee meeting earlier this month, including potential plans to schedule meetings in Washington DC to meet the District's delegates. Chair Beamish also announced the City of Yorba Linda commendation (resolution) on tonight's Board agenda. Lastly, he reported on the SARI Line ribbon cutting ceremony on December 11 th. General Manager Herberg reported on the following from his General Manager's Monthly Update: Tours provided for the month including visitors from China and South Korea; Board Orientation; District's workforce planning; with the exception of La PA that will meet on January 121h7 the Operations and Administration committees are dark in January. CONSENT CALENDAR: Maria Ayala, Clerk of the Board, announced the corrections to the Minutes as follows: John Withers, Administration Committee Chair; and Scott Nelson, Operations Committee Chair. 1. MOVED, SECONDED, AND DULY CARRIED TO: Approve CORRECTED Minutes of the November 19, 2014 Steering Committee Meeting. AYES: Beamish, Curry, Jones; Nielsen, and Sebourn NOES: None ABSTENTIONS: None ABSENT: Withers NON-CONSENT CALENDAR: Bob Ghirelli, Assistant General Manager, explained the RFP process for this item. 2. MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: A. Approve a Professional Services Agreement with Townsend Public Affairs, Inc. for State Legislative Services, Specification No. CS-2014- 63413D, for the period of January 1, 2015 through December 31, 2015 Minutes of the Steering Committee December 17 2014 Page 3 of 4 at a monthly rate of $5,000 per month and not to exceed $60,000 per year, with three one-year renewal options. B. Approve a Professional Services Agreement with ENS Resources for Federal Legislative Services, Specification No. CS-2014-633BD, for the period of January 1, 2015 through December 31, 2015 at a monthly rate of $7,500 per month and not to exceed of $90,000 per year, with three one-year renewal options. AYES: Beamish, Curry, Jones; Nielsen, and Sebourn NOES: None ABSTENTIONS: None ABSENT: Withers Chair Beamish announced that a request had been made to change the time of the Board Meeting from 6:30 p.m. to 6:00 p.m. The Steering Committee agreed with this change. The change will be announced at the Board Meeting later. CLOSED SESSION Director Withers arrived at the meeting during closed session at 6:04 p.m. CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS: 54956.9(d)(4) and 54957.6 The Committee convened in closed session at 5:44 p.m. to discuss two items. Confidential minutes of the Closed Session have been prepared in accordance with the above Government Code Sections and are maintained by the Clerk of the Board in the Official Book of Confidential Minutes of Board and Committee Closed Meetings. RECONVENED IN REGULAR SESSION: The Committee reconvened in regular session at 6:13 p.m. CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED SESSION: None. Minutes of the Steering Committee December 17 2014 Page 4 of 4 OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: None. ADJOURNMENT: The Chair declared the meeting adjourned at 6:13 p.m. to the next Steering Committee meeting to be held on Wednesday, January 28, 2015. Submitted by: Maria E. Ayala Clerk of the Board STEERING COMMITTEE Meeting Date TO ad.of Dir. 0128/ls 01/28/15 AGENDA REPORT Item Number Item Number 2 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Robert Ghirelli, Assistant General Manager SUBJECT: APPROVAL OF DRAFT 2015 LEGISLATIVE PLAN GENERAL MANAGER'S RECOMMENDATION Approve the Orange County Sanitation District 2015 Legislative Plan. SUMMARY Since 2006, the Orange County Sanitation District (OCSD) has annually approved a Legislative Plan which provides a list of key issues for OCSD's staff, management, Board of Directors and legislative advocates to follow during the legislative year. Additionally, the Legislative Plan provides direction to the staff and management on how to coordinate advocacy efforts with wastewater associations and state and federal legislative bodies. PRIOR COMMITTEE/BOARD ACTIONS 2006-2014, annually approve the OCSD Legislative Plan ADDITIONAL INFORMATION Legislative Team Contacts: Name Organization Email Phone Rebecca Long OCSD I rlon ocsd.com 714-593-7444 Jennifer Cabral OCSD I jcabral@ocsd.com 714-593-7581 Page I of 6 The following Federal and State priorities and tactics has been compiled by the OCSD's Legislative team to serve as a working guide on key legislative issues: Federal Priorities • Support legislation that provides below market rate assistance to construct treatment facilities such as infrastructure banks. • Support at least $1.5 billion in annual federal appropriations to State Revolving Fund (SRF). • Support legislation to revise the SRF allocation formula to reflect appropriate and fair share of funding to California. • Remove restrictions on the use of tax-exempt financing in conjunction with alternative financing tools (WIFIA). • Remove State Volume Caps on water and wastewater private activity bonds to allow for innovative financing options such as public private partnerships. • Oppose restrictions on tax-exempt financing for public infrastructure. • Seek Federal funding for projects, including infrastructure funding, water recycling, ecosystem restoration and alternative energy projects. • Support development of CASA and NACWA's legislative priorities. • Work with Congress to develop cost effective mandates to reduce compliance costs. • Work with Congress and USEPA on proposals to modernize the Clean Water Act and Clean Air Act. Federal Tactics Initiative Action 1. Identify and advise on . Monitor federal agency competitive grants federal funding announcements for funding of alternative energy, opportunities for OCSD bioenergy, water recycling, beach protection and infrastructure projects habitat conservation projects • Schedule meetings with Federal agency officials stakeholders and senior officials in D.C. and district offices to build support for OCSD priority projects 2. Seek funding support . Resubmit proposal for the WaterSmart grant if for water recycling funding for feasibility studies becomes available feasibility study . Seek congressional letters of support for study assistance . Arrange for meetings with key USBR officials to discuss proposed project . Work with OCWD to ensure coordination on requested assistance Arrange for tour of OCSD facility by federal officials to gain understanding of project needs Page 2 of 6 3a. Seek funding support . Work with hydrogen partners to develop next phase for continuation of project activities hydrogen fueling station . Meet with U.S. Department of Energy and U.S. Environmental Protection Agency federal officials to discuss project continuation • Secure support for unsolicited proposal 3b. Seek funding • Meet with U.S. Department of Energy staff to assistance to advance discuss funding opportunities and options recovery of energy from • Work with other agencies to advance technologies biosolids 4. Seek funding • Meet with congressional delegation to seek support assistance/credit for Santa for assistance to remove rip rap Ana River Rip Rap removal • Work with Regional Partners to advance (SAWPA) Meet with U.S. Army Corp of Engineers officials to review status of rip rap removal and permit compliance issues 5. Seek funding for • Submit request to delegation for support in fiscal infrastructure project needs year 2016 budget for project assistance 6. Support continued public • Work with NACWA and CASA in support of financing continued use of tax-exempt financing and feasible innovative financing approaches such as infrastructure banks to supplement traditional funding approaches Submit testimony on tax-exempt financing 7. Support drought relief • Work with delegation to ensure incorporation of legislation that supports new programs for water recycling assistance water recycling assistance • Work with NACWA, CASA, ACWA to advance priority 8. Work with federal • Work with the U.S. Environmental Protection agencies on permitting Agency Office of Water and Office of Air on issues emerging issues of concern Work with U.S. Department of Energy on alternative energy permitting issues Work with U.S. Fish and Wildlife Service on environmental site assessment issues State Priorities • Secure State funding including Prop 1, for the final expansion of GWRS and ongoing capital projects. • Secure funding through grants and legislation for the planning and feasibility studies, as well as capital infrastructure improvements, at Plant No. 1 and Plant No. 2. Page 3 of 6 • Work with the current administration, legislators and their staff, key stakeholders, and statewide associations to advocate for OCSD's desired goals. Amend, support and/or oppose legislation that may impact OCSD and its operations. • Continue to monitor the state budget and actively protect local property taxes. • Monitor pension reform legislation for clean-up bills. • Support efforts to competitively seek funding for projects that meet the state's goals of expanded water supply and energy reduction. • Oppose additional and redundant regulatory requirements that do not create a statewide management program for biosolids. State Tactics Initiative Action 1. Develop a proactive . As legislation is introduced between January and legislative advocacy February, and as bills are amended, identify agenda legislation that has the potential to impact OCSD Recommend positions on identified legislation in alignment with OCSD's legislative agenda . Create and continually update a legislative matrix to track identified pieces of priority legislation • Schedule advocacy days in Sacramento with legislators and committee staff • Continue an active letter writing campaign in support or opposition of priority legislation Schedule meetings with legislators, stakeholders and senior officials in Sacramento and district offices to build support for OCSD priority projects • Participate in CASA legislative committees 2. Compile a . Meet EMT to discuss future capital projects and comprehensive list of priorities Capital Improvement . Match capital improvements with funding projects opportunities based on project eligibility Page 4 of 6 3. Monitor and advise on . Identify opportunities included in the water bond funding opportunities related to: Water recycling-$725 million available through Prop 1 Integrated Regional Water Management section-$69 million . Proactively engage on the drafting of grant funding guidelines, and provide input to drafting agency or committee to ensure eligibility of OCSD projects and priorities are met . Proactively engage on proposed legislation that would have an impact on the implementation of funding guidelines and OCSD priorities . Identify funding opportunities and provide recommendations for eligible projects . Create a schedule on planning and execution of efforts to seek funds, including outreach and advocacy strategy 4. Monitor and advise on . Monitor future solicitations and track guideline funding available changes to the Water-Energy grant: a $20 million through Cap and Trade opportunity . Identify eligible and competitive projects and programs . Create a schedule on planning and execution of efforts to seek funds, including outreach and advocacy strategy 5. Monitor and advise on . Track energy related grant opportunities energy related funding . Identify potential projects for funding, including, but opportunities not limited to: alternative energy, biosolids to energy conversion, and GHG reduction projects . Schedule meetings with local delegation as well as key members to discuss project benefits and funding opportunity 6. Schedule and attend . Educate current administration, key staff, and advocacy and outreach agencies on priority projects and advocate for meetings to provide funding allocations that align with OCSD priorities OCSD project updates . Schedule stakeholder meetings to build support for projects . Hold advocacy meetings in coordination with funding opportunities and project timelines . Work with relevant budget committees, budget sub- committees, policy committees and their staff to advocate for funding allocations that align with OCSD priorities . Provide full briefings and updates to Orange County legislative delegation and relevant members on OCSD priority projects Page 5 of 6 7. Regulatory relief to allow Outreach with Department of Toxic Substances, for water recycling and State Water Resources Control Board, the govemor's expansion of GWRS for office, legislative leadership and other appropriate all water flowing into stakeholders Plant No. 2 8. Development and . Develop outreach calendar in conjunction with advocacy for design- legislative deadlines and developments build legislation targeted Create and update a legislative matrix to track at OCSD projects identified pieces of legislation • Schedule briefings and updates with Orange County legislative delegation and relevant members on OCSD related legislative impacts and benefits 9. Development and Work in conjunction with CASA to outreach, educate implementation of a and develop an advocacy strategy for regulatory statewide biosolids land framework that will support statewide objectives to application management manage biosolids land application policy CEQA N/A BUDGET/PURCHASING ORDINANCE COMPLIANCE NA ATTACHMENTS The following affachments(s)are attached in hard copy and may be viewed on-line at the OCSD website (wwwocsd.com) with the complete agenda package and attachments: • OCSD 2015 Legislative Plan Page 6 of 6 Return to Mende Report PSV SNNI iq / O � 90 2 f � iXE Orange County Sanitation District 2015 Legislative Plan Orange County Sanitation District 2015 Legislative Plan Legislative Affairs Team OCSD Staff Rebecca Long,Senior Public Affairs Specialist (714)593-7444 rlong@ocsd.com Jennifer Cabral, Principal Public Affairs (714)593-7581 jcabral@ocsd.com Specialist Robert Ghirelli (714)593-7400 rghirelli@ocsd.com Assistant General Manager Jim Herberg (714)593-7110 jherberg@ocsd.com General Manager Federal Lobbying Team Eric Sapirstein (202)466-3755 esap@ensresources.com ENS Resources Sacramento Lobbying Team Heather Dion (949)399-9050 hstratman@TownsendPA.com Townsend Public Affairs 2 January 2015 Return to Aaenda Report Orange County Sanitation District 2015 Legislative Plan Introduction The Orange County Sanitation District(OCSD) recognizes the need for an active state and federal legislative advocacy program to ensure that the interests of the ratepayers and the Board of Directors are protected.Towards that end,the legislative team monitors activities in Sacramento and Washington, D.C. and takes appropriate action in support or opposition of legislative initiatives. Each year,the Board of Directors adopts a legislative plan,which is a summary of OCSD's goals, key issues and policy positions.The following legislative policies have been developed by OCSD staff and legislative advocates in consideration of OCSD's member agencies and policy needs.These Board- approved policies serve as OCSD's official positions of support or opposition on issues of importance to the agency.The legislative plan is a dynamic document,adopted annually and changing to meet the needs of the Board. The legislative team, in conjunction with the Board, may take appropriate action consistent with the legislative plan, including, but not limited to, drafting letters, lobbying legislators and staff and crafting bills. Procedure for Taking Positions on Bills 1. Staff will track bills of greatest interest to OCSD, particularly those that fall within the goals and objectives identified by the Board of Directors.Staff will monitor bills being watched by similar agencies in Orange County(IRWD,SOCWA,OCWD, MWDOC,etc.)as well as state,federal and national associations such as California Association of Sanitation Agencies(CASA),the California Special Districts Association (CSDA)and the Association of California Water Agencies (ACWA) and National Association of California Water Agencies(NACWA). 2. For those bills that are being tracked,where there is clear policy direction stated in the Board- adopted legislative plan or adopted goals,staff can send letters and give direction to the lobbyists to advocate that position. 3. Where a particular issue is not urgent,all legislative letters will be hand-signed by the Chair or Vice-Chair. If a matter is urgent, staff may use the electronic signature,so long as a clear policy direction exists. 4. When a bill does not fall within the scope of the legislative plan or is a politically controversial issue,staff will seek direction from the Legislative and Public Affairs Committee. S. If a bill does not fall within the scope of the legislative plan, but the California Association of Sanitary Agencies(CASA),the California Special Districts Association (CSDA)or the National Association of Clean Water Agencies(NACWA) has an adopted position,staff may follow this position but must inform the Legislative and Public Affairs Committee of such action at the next regularly scheduled meeting. 3 January 2015 Orange County Sanitation District 2015 Legislative Plan Federal Priorities • Support legislation that provides below market rate assistance to construct treatment facilities such as infrastructure banks. • Support at least$1.5 billion in annual federal appropriations to State Revolving Fund (SRF). • Support legislation to revise the SRF allocation formula to reflect appropriate and fair share of funding to California. • Remove restrictions on the use of tax-exempt financing in conjunction with alternative financing tools(WIFIA). • Remove State Volume Caps on water and wastewater private activity bonds to allow for innovative financing options such as public private partnerships. • Oppose restrictions on tax-exempt financing for public infrastructure. • Seek Federal funding for projects, including infrastructure funding,water recycling,ecosystem restoration and alternative energy projects. • Support development of CASA and NACWA's legislative priorities. • Work with Congress to develop cost effective mandates to reduce compliance costs. • Work with Congress and USEPA on proposals to modernize the Clean Water Act and Clean Air Act. Federal Tactics Initiative Action 1. Identify and advise on . Monitor federal agency competitive grants announcements federal funding opportunities for funding of alternative energy, bioenergy,water recycling, for OCSD infrastructure projects beach protection and habitat conservation projects . Schedule meetings with Federal agency officials stakeholders and senior officials in D.C.and district offices to build support for OCSD priority projects 2. Seek funding support for . Resubmit proposal for the WaterSmart grant if funding for water recycling feasibility study feasibility studies becomes available . Seek congressional letters of support for study assistance . Arrange for meetings with key USER officials to discuss proposed project . Work with OCWD to ensure coordination on requested assistance . Arrange fortour of OCSD facility by federal officials to gain understanding of project needs 3a.Seek funding support for . Work with hydrogen partners to develop next phase project continuation of hydrogen activities fueling station • Meet with U.S. Department of Energy and U.S. Environmental Protection Agency federal officials to discuss project continuation • Secure support for unsolicited proposal 4 January 2015 Return to Aaenda Report Orange County Sanitation District 2015 Legislative Plan 3b.Seek funding assistance to • Meet with U.S. Department of Energy staffto discuss advance recovery of energy funding opportunities and options from biosolids • Work with other agencies to advance technologies 4.Seek funding • Meet with congressional delegation to seek support for assistance/credit for Santa Ana assistance to remove rip rap River Rip Rap removal • Work with Regional Partners to advance(SAW PA) • Meet with U.S.Army Corp of Engineers officials to review status of rip rap removal and permit compliance issues S.Seek funding for • Submit request to delegation for support in fiscal year 2016 infrastructure project needs budget for project assistance 6.Support continued public • Work with NACWA and CASA in support of continued use of financing tax-exempt financing and feasible innovative financing approaches such as infrastructure banks to supplement traditional funding approaches • Submit testimony on tax-exempt financing 7.Support drought relief • Work with delegation to ensure incorporation of new legislation that supports water programs for water recycling assistance recycling assistance • Work with NACWA, CASA,ACWA to advance priority 8. Work with federal agencies • Work with the U.S. Environmental Protection Agency Office on permitting issues of Water and Office of Air on emerging issues of concern • Work with U.S. Department of Energy on alternative energy permitting issues • Work with U.S. Fish and Wildlife Service on environmental site assessment issues State Priorities • Secure State funding including Prop 1,for the final expansion of GWRS and ongoing capital projects. • Secure funding through grants and legislation for the planning and feasibility studies,as well as capital infrastructure improvements, at Plant No. 1 and Plant No. 2. • Work with the current administration, legislators and their staff,key stakeholders,and statewide associations to advocate for OCSD's desired goals.Amend,support and/or oppose legislation that may impact OCSD and its operations. • Continue to monitor the state budget and actively protect local property taxes. • Monitor pension reform legislation for clean-up bills. • Support efforts to competitively seek funding for projects that meet the state's goals of expanded water supply and energy reduction. • Oppose additional and redundant regulatory requirements that do not create a statewide management program for biosolids. • Oppose legislation or any regulations that would mandate volumetric pricing of wastewater. • Where appropriate, pursue state funding for critical aging infrastructure,through funding sources made available through the State Water Resources Control Board and Department of Water Resources. 5 January 2015 Orange County Sanitation District 2015 Legislative Plan State Tactics Initiative Action 1. Develop a proactive . As legislation is introduced between January and February,and legislative advocacy agenda as bills are amended, identify legislation that has the potential to impact OCSD . Recommend positions on identified legislation in alignment with OCSD's legislative agenda . Create and continually update a legislative matrix to track identified pieces of priority legislation . Schedule advocacy days in Sacramento with legislators and committee staff . Continue an active letter writing campaign in support or opposition of priority legislation . Schedule meetings with legislators,stakeholders and senior officials in Sacramento and district offices to build support for OCSD priority projects . Participate in CASA legislative committees 2. Compile a comprehensive list . Meet EMT to discuss future capital projects and priorities of Capital Improvement . Match capital improvements with funding opportunities based projects on project eligibility 3. Monitor and advise on . Identify opportunities included in the water bond related to: funding opportunities Water recycling-$725 million available through Prop 1 Integrated Regional Water Management section-$69 million . Proactively engage on the drafting of grant funding guidelines, and provide input to drafting agency or committee to ensure eligibility of OCSD projects and priorities are met . Proactively engage on proposed legislation that would have an impact on the implementation of funding guidelines and OCSD priorities . Identify funding opportunities and provide recommendations for eligible projects . Create a schedule on planning and execution of efforts to seek funds, including outreach and advocacy strategy 4. Monitor and advise on . Monitor future solicitations and track guideline changes to the funding available through Water-Energy grant: a $20 million opportunity Cap and Trade . Identify eligible and competitive projects and programs . Create a schedule on planning and execution of efforts to seek funds, including outreach and advocacy strategy 5. Monitor and advise on . Track energy related grant opportunities energy related funding . Identify potential projects for funding, including, but not opportunities limited to: alternative energy,biosolids to energy conversion, 6 January 2015 Return to Aaenda Report Orange County Sanitation District 2015 Legislative Plan and GHG reduction projects . Schedule meetings with local delegation as well as key members to discuss project benefits and funding opportunity 6. Schedule and attend . Educate current administration, key staff,and agencies on advocacy and outreach priority projects and advocate for funding allocations that align meetings to provide OCSD with OCSD priorities project updates . Schedule stakeholder meetings to build support for projects . Hold advocacy meetings in coordination with funding opportunities and project timelines . Work with relevant budget committees, budget sub- committees, policy committees and their staff to advocate for funding allocations that align with OCSD priorities . Provide full briefings and updates to Orange County legislative delegation and relevant members on OCSD priority projects 7. Regulatory relief to allow for . Outreach with Department of Toxic Substances,State Water water recycling and Resources Control Board,the governor's office, legislative expansion of GWRS for all leadership and other appropriate stakeholders water flowing into Plant No. 2 8. Development and advocacy . Develop outreach calendar in conjunction with legislative for design-build legislation deadlines and developments targeted at OCSD projects . Create and update a legislative matrix to track identified pieces of legislation . Schedule briefings and updates with Orange County legislative delegation and relevant members on OCSD related legislative impacts and benefits 9. Development and . Work in conjunction with CASA to outreach,educate and implementation of a develop an advocacy strategy for regulatory framework that statewide biosolids land will support statewide objectives to manage biosolids land application management application policy Legislative Policies 1. Air Quality:OCSD is committed to complying with federal,state, and local air quality laws and rules.OCSD is further committed to establishing an odor policy to assure that OCSD is a good neighbor to the surrounding communities. a. Support air quality legislation that emphasizes the use of advance technologies and applicable market incentives, and incentives for the use of alternative fuels and the development ofthe infrastructure for alternative fuel vehicles. b. Support measures that maintain and enhance local decision-making authority,where appropriate, in the development and implementation of air quality attainment strategies. 7 January 2015 Orange County Sanitation District 2015 Legislative Plan c. Support legislation to ensure greater consistency between the California and Federal Clean Air Acts; including the need to demonstrate cost-effective public health or environmental benefit if California elects to exceed federal standards. d. Support strategies that clearly demonstrate and provide for the most cost-effective means for meeting air quality goals. e. Support, in concept,legislation that would utilize incentives and pricing strategies as a preferred alternative to traditional command and control regulations for meeting emission reduction objectives for all sources. f. Oppose actions that preclude implementation of the Air Quality Management Plan (AQMP)to the extent that such actions could subject the basin to sanction or conformity penalties. 2. Biosolids:OCSD strives to beneficially use biosolids through multiple management options performed at reasonable costs that are protective of public health and the environment and offer cost-effective alternatives to land application. a. Support legislation that supports the beneficial use of biosolids on agricultural lands. b. Support policies that encourage biosolids product use by horticulture,commercial,and residential markets. c. Oppose legislation that imposes new mandates or bans the use of biosolids for land application in any region,county,or state. d. Support alternative energy policy that encourages use of biosolids as a renewable energy resource. 3. Grant Funding:OCSD is committed to advancing the state of knowledge in the treatment and management of wastewater through the application of innovative and alternative technologies. To this end,OCSD supports grants assistance to offset its research and special projects. a. Support appropriations legislation, bonds, programs,and projects that provide funding for infrastructure construction and rehabilitation,special studies and research or projects relating to security,environmental education,water quality,wastewater processing,urban runoff,and water recycling. b. Support projects that provide for public benefit,over projects that are primarily intended for private benefit or gain. c. Oppose proposals placing further requirements on grant recipients that return low value for high administrative costs. 4. Labor Relations:OCSD is committed to the exercise of and provision of orderly procedures for the administration of employer-employee relations, including, but not limited to, meeting and conferring in good faith with recognized employee organizations regarding the wages, hours of work,and other terms and conditions of employment. As Congress considers reforming the federal tax code,many of the provisions subject to reform may impact labor relations. 8 January 2015 Return to Aaenda Report Orange County Sanitation District 2015 Legislative Plan a. Support measures to reform current workers compensation formulas to rely on higher thresholds for compensation or a proportionate exposure formula. b. Support health insurance reform that does not create additional financial burdens on special districts. c. Support measures to ease applicability of the Fair Labor Standards Act(FLSA)on public agencies. d. Oppose any measure imposing compulsory and binding arbitration with respect to public employees. e. Oppose any measure that imposes upon local government mandated employee benefits that are more properly decided at the local bargaining table. f. Oppose efforts reducing local control over public employee disputes and imposing regulations on an outside agency. g. Oppose any measure granting public employees the right to strike. It. Oppose a new mandatory Social Security tax for public employers and public employees. 5. Planning:OCSD ensures the long-range planning of capital improvement programs in order to deliver the highest quality facilities. a. Support reform of existing state, regional,and local planning processes only if directly linked to reforms in the current revenue and tax structure of state and local governments. b. Support measures that provide new revenues for growth management and the public facilities necessary to support expected growth. c. Support proposals encouraging regional,sub-regional or countywide cooperation in planning urban development strategies,especially those that provide funding for effective implementation of agreed upon goals. d. Oppose legislation consolidating special districts that fail to address the concerns of cities affected by the proposed consolidation. e. Oppose measures that prevent or restrict the ability of cities or special districts to participate in the Southern California Association of Governments'(SCAG)sub-regional process. 6. Public Health: Protection of public health is OCSD's core mission. OCSD will work cooperatively with county and state health officers to assure local health protection. a. Support hazard mitigation,emergency response,planning and recovery through direct legislation, policy directives and funding toward floodplain security within the Santa Ana River watershed. b. Support(generally) measures that provide for improved public health through regulation. c. Support the protection of public health through the construction and implementation of advanced wastewater treatment technology. 9 January 2015 Orange County Sanitation District 2015 Legislative Plan 7. Public Works:OCSD is committed to the achievement of effective and efficient projects that provides wastewater treatment services that benefit its ratepayers. a. Support measures that provide funding and support to publicly owned treatment works and sewerage collection systems. b. Support legislation that allows public agencies to procure goods and services in manners similar to private industry,thereby reducing overall costs of delivery. c. Support legislation that improves the Utility Underground Service Alert Program in order to improve coordination, identification,minimize damage, minimize environmental risks and minimize cost exposure to publicly owned facilities when contractors are performing sub-surface work. d. Support a comprehensive response to the State's electricity and natural gas shortages that provide a stable energy supply, respects the ability of municipalities to provide power, recognizes that infrastructure(i.e.emergency and standby generators)exists that could be employed temporarily during periods with minimal air quality impact and protects ratepayers(including cities and special districts) against dramatic rate increases and statewide power outages. e. Support legislation that allows OCSD to utilize the Best Value Design/Build option for the construction of public works projects. f. Oppose Buy American mandates legislation that would increase project costs or prevent the use of the most innovative technologies. B. Revenue and Taxation:Track pending legislation to ensure OCSD remains in compliance with the government code as it pertains to wastewater system user fees and property tax revenues and the investment of public funds. a. Support measures leading to a greater financial independence from the state and would result in greater stability and predictability in local government budgeting. b. Oppose measures that impose mandated costs for which there is no guarantee of local reimbursement or offsetting benefits. c. Oppose legislation that shifts tax revenues away from local governments without the adequate provision of a constitutionally guaranteed backfill to offset the lost revenues of those local governments. d. Oppose measures that allow state retention of existing local revenue sources, including the special district share of property tax,sales tax,vehicle license fees and rate payer fees. e. Oppose the use of revenues traditionally used to fund the delivery of municipal services to fund programs for which the state is responsible,particularly the courts, health,and welfare programs. 9. Special Districts:OCSD supports the maintenance of special districts to provide specific services, in response citizen's demands,in a cost effective manner. 10 January 2015 Return to Agenda Report Orange County Sanitation District 2015 Legislative Plan a. Support outreach to local, regional,and state elected officials to foster a greater understanding regarding the critical relationship between adequate reserves and the successful short-and-long-term operation of water and wastewater agencies. b. Support the work of the Association of California Water Agencies(ACWA), California Association of Sanitation Agencies(CASA),and California Special Districts Association (CSDA)in any future discussions or negotiations pertaining to the legislative and budget issues relative to preserving control of members'reserves. c. Oppose further state regulations that adversely impact special district financing and operations. d. Oppose measures that create or grant powers to sub-regional or regional bodies that would result in an infringement on clearly local concerns. e. Oppose any administrative or legislative efforts to access or transfer any reserve funds held by water and wastewater districts. f. Oppose the imposition of unfunded, mandated programs on local governments. g. Oppose efforts that diminish OCSD's ability to govern efficiently and effectively, including expanding the size of the Board of Directors. 10. Water Quality and Supply:OCSD is committed to participating collaboratively in the protection of regional water resources for the benefit of the people we serve. a. Support federal contribution for the removal of rip rap from Santa Ana River. b. Support(generally)measures to increase water supply and improve water quality in the region, including drought relief legislation. c. Support measures that would increase funding for water reuse technologies, including support for the Groundwater Replenishment System project by the Orange County Water District and OCSD to create new water supplies through recycling. d. Support U.S.Army Corps of Engineers projects for Orange County regarding watershed and water quality protection and sand replenishment. e. Support measures that promote and provide for the use of reclaimed water. f. Support"watershed-based" solutions,including cost-shared studies with the US Army Corps of Engineers of water quality impairments that reflect state-of-the-art science. g. Support policy development,funding, and research for addressing urban runoff and beach closures, including funding for studies that identify the sources of bacterial,viral and other contaminants and human pathogens. h. Support measures to evaluate water quality standards,as needed,to ensure the objectives are appropriately protecting the designated use. L Support legislation that would direct USEPA levied fines to remain in the region. j. Support legislation that clarifies the use of Clean Water Act citizen suits that are frivolous and/or abusive of congressional intent. k. Support measures addressing non-point source pollution in order to protect our ocean water quality and provide funding to mitigate its effects, including integrated permitting 11 January 2015 Orange County Sanitation District 2015 Legislative Plan approaches that can reduce costs and achieve water quality improvements while allowing permits to be tailored to the needs of Orange County and its watershed. I. Support national aspirational goal through legislation that promotes improved water use efficiency in construction of water efficient buildings and communities. m. Support legislation that promotes improved water use efficiency through state and federal assistance in evaluating and implementing new programs and technologies and increasing public awareness of water use efficiency. n. Support legislation that provides for the development of the watershed approach, including watershed management plans and watershed-based permitting. o. Oppose proposed environmental constraints on government agencies that would result in economic damage to the region while providing only minimal protections. p. Oppose the imposition of statewide/nationwide fees for environmental cleanup that is privately caused or regional in nature(e.g.,when the nexus between those responsible for environmental abuse and those required to pay for cleanup or mitigation is absent). q. Support measures to provide federal assistance to support urban runoff studies and urban runoff reduction. r. Support federal BEACHES Program to ensure that clean beach projects remain a top priority for the state,whether through negotiations on upcoming resources bonds, in setting of legislative priorities, implementation of funding programs,and in any other relevant process. 12 January 2015 STEERING COMMITTEE Meath,Dare TOBA.of Dir. 01/28/15 O1/28/15 AGENDA REPORT Item Number Item Number 3 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Robert Ghirelli, Assistant General Manager SUBJECT: ADOPTION OF NEW UPDATED RESOLUTION ON RULES OF PROCEDURE, RESOLUTION NO. OCSD 15-01 GENERAL MANAGER'S RECOMMENDATION Adopt Resolution No. OCSD 15-01, entitled, "A Resolution of the Board of Directors of Orange County Sanitation District Fixing and Establishing Rules of procedure for the Conduct of Business of the District, and Repealing Resolution No. OCSD 10-06." SUMMARY The procedures are being updated at this time to reflect the new start times for the Board and Steering Committee meetings. At the December 17, 2014 Board Meeting, Chair Beamish announced the change commencing with the January meetings. The Steering meetings will begin at 5 p.m., with the Board meetings beginning at 6 p.m. In addition, staff has received direction to formalize the Legislative and Public Affairs Committee (La PA) into a standing committee. This makes for a total of three standing committees (Administration, Operations, and LaPA). PRIOR COMMITTEE/BOARD ACTIONS June 2010—The Board approved the latest Rules of Procedure Resolution on June 23, 2010, Resolution No. OCSD 10-06. ADDITIONAL INFORMATION N/A CEQA N/A ATTACHMENT The following attachments) is attached in hard copy and may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: • Resolution No. OCSD 15-01 Page 1 Of 1 Return to Mende Report RESOLUTION NO. OCSD 15-01 A RESOLUTION OF THE BOARD OF DIRECTORS OF ORANGE COUNTY SANITATION DISTRICT FIXING AND ESTABLISHING RULES OF PROCEDURE FOR THE CONDUCT OF BUSINESS OF THE DISTRICT, AND REPEALING RESOLUTION NO. OCSD 10-06 WHEREAS it is necessary to establish rules of procedure to facilitate the orderly handling of business to come before the Orange County Sanitation District Board of Directors and Standing, Steering, Special and Ad Hoc Committees. NOW THEREFORE, the Board of Directors of the Orange County Sanitation District, DOES HEREBY RESOLVE, DETERMINE AND ORDER: Section 1: Rules of Procedure. That the following rules of procedure be adopted for the conduct of business of the District: A. Regular Meetings. There shall be a regular monthly meeting of the Board of Directors of the District on the fourth Wednesday of every month at 6:00 p.m., in the Administrative Offices of the District, located at 10544 Ellis Avenue, Fountain Valley, California; provided, however, if the fourth Wednesday of the month falls upon a legal holiday, said monthly meeting shall be held on the next day thereafter, at the same time and place, unless the Board adjourns to a different date and time. The Board of Directors may adjourn any regular, special or adjourned special meeting to a time and place certain, as specified in the order of adjournment. B. Special Meetings. A special meeting of the Board of Directors may be called in either one of the following ways: (1) By the Chairperson of the Board of Directors; or (2) By the written request of a majority of the Steering Committee delivered to the Clerk of the Board. The call or notice for special meeting shall be in writing and delivered personally or by mail at least twenty-four (24) hours before the time of such meeting, as specified in the notice. Any notice deposited in the regular mail addressed to a Director at the address he or she has on file with the Clerk of the Board postage prepaid, sixty (60) hours in advance of any such meeting as specified in the notice, shall be presumed to have been delivered. OCSD 15-01-1 The call or notice shall specify the time and place of the special meeting, a description of the business to be transacted, and copies of all pertinent written materials. Such written notice may be dispensed with as to any Director or Alternate Director who, at or prior to the time the meeting convenes, files with the Clerk of the Board a written waiver of notice. Such waiver may be given by facsimile or electronic mail. Such written notice may also be dispensed with as to any member who is actually present at the meeting at the time it convenes. The Clerk of the Board shall diligently attempt to notify each Director personally of the time, place and purpose of said meeting, not less than twenty-four (24) hours before the time of said meeting. The call or notice shall be posted in the administrative offices' public lobby at least twenty-four(24) hours prior to the special meeting. C. Meetings Adjourned by Clerk of the Board. If at any regular, adjourned regular, special, or adjourned special meeting, there is not a quorum of Directors present, the Clerk of the Board may declare the meeting adjourned to a stated time and place and shall cause written notice of the adjournment to be given in the same manner as for a special meeting, unless such notice is waived as provided for in special meetings. Within twenty-four (24) hours after the time of the adjournment, a copy of the order or notice of adjournment shall be conspicuously posted on or near the door of the place where the meeting was held. D. Notices to News Media. When any local newspaper of general circulation, radio or television station requests, in writing, notices of meetings of the Board of Directors, the Clerk of the Board shall thereafter, until receipt of a notice terminating said request, deliver notices of regular, regular adjourned, and special adjourned meetings to such newspapers, radio or television stations. Delivery shall be made in the same manner as delivery is made to the Directors. E. Conduct of Meetings. (1) Procedural Rules. The procedural rules for debate and action shall be as set forth in Table 1, attached hereto and adopted herein by reference. Robert's Rules of Order shall not be applicable or govern the procedures for the conduct of Sanitation District business. (2) Legal Officer. In any case of ambiguity or uncertainty in the interpretation or application of these Rules to any procedure, the presiding officer may direct such question for a ruling to the Board's General Counsel, who shall be the parliamentarian of the Board. (3) Obtaining the Floor and Making Motions. Any member of the Board wishing to speak, or any member of the public wishing to address the Board, must first OCSD 15-01-2 Return to Mende Report be recognized by the Chairperson. The Chairperson must recognize any member of the Board who seeks the floor when appropriately entitled to address the Board. Any member of the Board, including the Chairperson, may bring a matter of business properly before the Board by making a motion. Any member, including the Chairperson, except the member making the motion, may second the motion. Once a motion is seconded, it may be opened for discussion and debate, in accordance with the procedures in Subsection (4) below. (4) Rules for Discussion. Debate, and Deliberation by the Board. The procedures for consideration and action on all matters to come before the Board shall be in compliance with the terms of this Section, as follows: (a) Each item on the Agenda will be introduced in a form of a report by either Staff or Counsel. (b) Upon completion of the report, the Chairperson will allow for direct questions regarding the item, by Directors, each in turn, and in the order as selected by the Chairperson. (c) Upon completion of the question period, the Chairperson will entertain a motion and second for consideration by the Board. (d) Discussion among the Directors will follow. Each Director will be recognized to address the Board in the order selected by the Chairperson, with a five (5) minute time limit for each Member wishing to speak on the Agenda item, unless the time limit is waived by the Chairperson. There will be no interruptions of the Director who has been recognized. Attempted interruptions will be declared out-of-order, and the Board Member attempting to interrupt will be asked to remain silent until recognized. (a) As an additional courtesy to everyone, repetition of comments will be discouraged in the interest of time, and at the discretion of the Chairperson, can be declared out-of-order. (f) After each Member who wishes to speak has been recognized and completed his/her remarks, a single three (3) minute period of rebuttal will be allowed any Director, unless the time limit is waived by the Chairperson. (g) If it appears to the Chairperson that any Director is pursuing a line of questioning or commentary due to lack of preparation or prior review with the District's Staff, the Director's time will be declared to have been used up, and no further inquiry will be allowed. (h) Upon adoption of a motion on an Agenda item, there will be no further discussion of that item. OCSD 15-01-3 (5) Decorum in Debate. All Members shall address their remarks to the Chairperson and confine them to the business then pending and subject to discussion before the Board, avoiding personalities and reflections upon anyone's motives. (6) Closing or Limiting Debate. At all times the Board shall endeavor to allow free and open debate among Members of the Board. However, in the discretion of the Chairperson, it may become necessary to close or limit debate, so that action can be taken by the Board. An order by the Chairperson closing or limiting the debate can only be set aside by a majority vote of the Board. F. Quorum. A majority of the Directors shall constitute a quorum of the Board. G. Chairperson and Vice Chairperson of the Board. A Chairperson and Vice Chairperson of the Board shall be elected by a majority vote of Directors at the regular meeting in June of each year, and will assume office July 1st. The nominations for Chairperson and Vice Chairperson shall be made at the regular Board meeting in May of each year. Any person nominated for Chairperson shall be deemed to be nominated for Vice Chairperson in the event the person is not elected as Chairperson. Thereafter, the nominees shall prepare a statement setting forth their qualifications for the office sought. The statements shall be mailed to members of the Board of Directors with the Agenda and other meeting material for the June regular meeting. If only one individual is nominated for Chairperson at the regular Board meeting in May, that individual shall be deemed elected as Chairperson, no election shall be held in June, and the individual shall assume office July 1". If only one individual is nominated for Vice Chairperson at the regular Board meeting in May, that individual shall be deemed elected as Vice Chairperson, no election shall be held in June, and the individual shall assume office July 151. The Chairperson and Vice Chairperson shall serve at the pleasure of a majority of the Directors. In the event the office of Chairperson becomes vacant due to resignation or retirement of the incumbent prior to the expiration of the regular term, the Vice Chairperson shall automatically succeed to the office of the Chairperson and shall continue to serve through the remainder of the regular term unless sooner removed by action of a majority of the Directors. In the event the office of Vice Chairperson becomes vacant prior to the expiration of the regular term, nominations and the election of a Director to serve in that capacity shall be conducted at the next regular Board meeting. The person so elected shall serve the balance of the regularly-scheduled term unless sooner removed as a result of action by a majority of the Directors. The Chairperson shall not serve more than two consecutive one-year terms for which he/she has been elected to the office of Chairperson. The Vice Chairperson shall not serve more than two consecutive one-year terms for which he/she has been elected to the office of Vice Chairperson. OCSD 15-01-4 Return to Mende Report H. Presiding Officer. The Chairperson of the Board shall preside during meetings of the Directors. In the absence of the Chairperson, the Vice Chairperson shall preside. I. Clerk of the Board and Minutes. The Board of Directors shall have a person designated to serve as Clerk of the Board. The Clerk of the Board will be appointed to the position by the General Manager and shall report to the General Manager or a Department Head as designated by the General Manager. The Clerk of the Board will be a regular full time employee, subject to all the rules and policies applicable to all regular full time employees. The Clerk of the Board shall attend all meetings of the Board of Directors, unless excused by the Chairperson, and shall prepare an accurate record of each meeting for submission to the Directors and subsequent approval at the following meeting; provided, however, that when an adjourned, special or special adjourned meeting of the Board of Directors immediately precedes a regular meeting, Minutes of said meeting shall be submitted for approval at the next meeting of the Board following said regular meeting. In the preparation of Official Minutes of a meeting of the Board of Directors, the Clerk of the Board will not record the name of the Director who moves or who seconds the adoption of a motion or Resolution, except the vote of any individual Director shall be recorded upon that Director's request. The Minutes will reflect the votes by name of Director when required by provisions of state law. In the absence of the Clerk of the Board, a Secretary Pro Tem shall be appointed to exercise the duties of the Clerk of the Board. J. Regular Business to Come Before the Board of Directors. Insofar as practicable, all items of business to be taken up at a regular meeting of the Board shall be submitted to the Clerk of the Board, who shall include on the Agenda all such items submitted by Directors, the General Manager and General Counsel, and all formal communications. The Clerk of the Board shall mail to each Director a notice of such regular meetings, together with a proposed Agenda, not later than the Friday immediately preceding such regular meetings. Said Agenda, insofar as possible, shall include copies of Resolutions, except as hereafter provided, and a description of all matters to be considered, together with any pertinent written materials. Agendas shall be posted in a location freely accessible to the public not less than seventy-two (72) hours in advance of the meeting. Resolutions designated as "standard" and adopted by the Board of Directors from time to time, and approved as to form and content, need not be included with said Agenda; provided, however, that the information completing said standard Resolutions OCSD 15-01-5 shall be set forth on the Agenda listing, and copies of said standard Resolutions shall be on file with the Clerk of the Board at the meeting time and place. Items of business not known at the time the regular Agenda is mailed as herein provided, may be considered as supplemental Agenda items; provided that all requirements of the Ralph M. Brown Act (California Government Code Sections 54950 at seg.) are satisfied. No business, except with consent of two-thirds of the Directors present (a majority of Directors present for emergency actions), and only if permitted by the Ralph M. Brown Act, not appearing on the regular or supplemental Agendas may be brought before the Board of Directors. The meeting Agenda shall provide for an opportunity for members of the public to address the Board on items on the Agenda and non-Agenda items of public interest. As determined by the Chairperson, speakers may be deferred until the specific Agenda item is taken for discussion, and remarks may be limited to three (3) minutes. Speakers on non-Agenda items may address only items that are within the subject matter jurisdiction of the Board of Directors. Time allotted for such presentations is limited to three (3) minutes or less. Total time allotted for all public input on each non-Agenda item is limited to thirty (30) minutes to one (1) hour, taking into consideration the number of persons filing a request to address the Board. However, time allotments may be waived by a majority vote of the Board. K. Handling of Business and Voting. During the course of a Board meeting, routine matters listed on the Agenda for consideration will be referred to by Agenda Item Number only. Voting on all Resolutions shall be by roll call, except if waived by unanimous voice vote, in which event, the Chairperson may order a unanimous ballot cast in favor of the motion or Resolution under discussion. The name of each Director shall be called only once. On matters of considerable interest or on which there appears to be a controversy, the motion or Resolution shall be read by title or repeated by the Chairperson. The Chairperson shall thereafter call for discussion of the motion or Resolution, at which time any member may discuss the pending matter. Any person other than a Director present at the meeting may speak on the motion if recognized by the Chairperson. Sole discretion as to the extent of discussion outside of the membership of the Board shall rest with the Chairperson. At the close of discussion, the Chairperson may, at the Chairperson's discretion, repeat the motion or Resolution pending, and thereafter, call for a vote. The Clerk of the Board shall determine and state whether or not a motion or Resolution is adopted by roll call vote. On all other matters, the Chairperson shall determine the outcome of the voting. OCSD 15-01-6 Return to Mende Report L. Committees. (1) Standing Committees. (a) Steering Committee: There shall be a permanent Committee designated as the Steering Committee, comprised of the Chairperson of the Board, the Vice Chairperson of the Board, the Chairperson of each of the Standing Committees, and three at-large members selected by the Chairperson of the Board. The Vice Chairperson of each of the two Standing Committees shall serve as the designated Alternate, in the absence or inability to serve by any Chairperson. The Committee shall also conduct an annual performance evaluation of the General Manager and submit recommendations on his/her compensation to the Board of Directors. The Committee shall also review the General Manager's evaluation and compensation of the executive management employees, based on established criteria, and executive management's goals and objectives for the following year. The Committee shall also conduct an annual performance evaluation of General Counsel and submit recommendations to the Board of Directors as provided by Resolution OCSD 12-03. The Committee shall receive written requests for a hearing, set hearings or deny the request for a hearing on appeals concerning permit suspension, revocation, or denial as provided by Ordinance OCSD-37. The Committee shall make recommendations to the Board of Directors on labor negotiations and other related activities as may be needed or appropriate. The Committee shall also be authorized to assign new subjects of significant importance to the appropriate Standing Committee for study, evaluation and recommendation. The Steering Committee shall meet on the fourth Wednesday of each month at 5:00 p.m. preceding the Board's meeting, or at the call of the Chairperson of the Board of Directors. (b) Administration Committee: There shall be a permanent Administration Committee (Finance, Human Resources and Information Technology) to advise the Staff and make recommendations on matters related to the financial, budgeting, administrative and personnel policies and programs of the District. The Committee shall review with the Staff the procedures for development, preparation and format of the annual budget and recommend appropriate change, and counsel the Staff during the budget process to assure the proper OCSD 15-01-7 interpretation and implementation of the Board's policies and that the desired procedures have been followed. The responsibility for consideration and adoption of the District budget rests with the Board of Directors. The Committee shall periodically interview and recommend the selection of outside auditors. The Committee shall review the result of the annual audit of the District's accounts with representatives of the outside audit firm, including any comments received recommending improvements. The Committee shall review management's response to these comments and make appropriate recommendations for implementation. Periodically, the Committee shall recommend employment of an outside firm to audit internal control procedures to safeguard the assets of the District. The Committee shall interview and make recommendations on the employment of investment-banking firms, bond counsel, and if necessary or desired, financial advisors, to be used in connection with the District's financing programs. The Committee shall periodically coordinate recommendations on personnel audits of the District's operations or segments of the operations on an as-needed basis. The Committee shall make recommendations on personnel policies and procedures, insurers and coverage, procurement procedures, and such other related activities as may be needed or appropriate. The Chairperson of the Board of Directors shall appoint a Committee Chairperson and a Committee Vice Chairperson for the Administration Committee. The Committee Chairperson and Committee Vice Chairperson shall serve at the pleasure of the Chairperson of the Board of Directors. The Administration Committee shall consist of thirteen members, as follows: (1)The Chairperson of the Board of Directors; (2)The Vice Chairperson of the Board of Directors; (3)The Committee Chair of the Administration Committee; (4)The Committee Vice Chair of the Administration Committee; and OCSD 15-01-8 Return to Mende Report (5) Nine additional Board members appointed by the Chairperson of the Board of Directors. Other than the Board Chairperson and the Board Vice Chairperson, no Director who serves on the Operations Committee shall be eligible to serve on the Administration Committee. The Administration Committee shall meet on the second Wednesday of each month at 5:30 p.m., or at the call of its Chairperson. (c) Operations Committee. There shall be a permanent Committee designated the Operations Committee (Engineering, Operations & Maintenance and Technical Services). With the goal of compliance with all public health and environmental laws and regulations, the Operations Committee shall review and submit appropriate recommendations on the matters pertaining to the operation of the District Treatment Works, including such matters as current and projected service/flow needs, level and quality of treatment, conservation, recycling and reuse activities, and air quality issues. The Committee shall also review issues pertaining to the District's NPDES Ocean Outfall Discharge Permit, including annual review of the contractor(s) performing the ocean monitoring and research programs required as a condition of said permit, and related issues regarding protection of the marine waters off metropolitan Orange County's coastline from impacts resulting from the District's operations and discharge of treated wastewater. The Committee shall also review matters pertaining to contractual arrangements by the District to provide sewerage services to areas outside the District's boundaries or approved spheres of influence. The Committee shall review plans for the future needs of the District, explore alternatives and make recommendations to the Board of Directors. The Operations Committee shall also review and submit appropriate recommendations on matters pertaining to capital projects which address operational needs, including the selection of professional consulting services to assist in studying, planning and designing needed District Treatment Works and support facilities, including computerized systems, in accordance with the Board's established policies and procedures for procuring such services; the Committee shall further review construction projects for said facilities in accordance with applicable public works laws and Board policies. Said oversight shall include the contracts for professional services and public works construction projects and addenda or change orders thereto. In carrying out its responsibilities, the Committee shall receive advance notice and regular OCSD 15-01-9 status reports on the projects from Staff, and monitor, visit and observe the District Treatment Works' operational functions and major capital construction projects. The Chairperson of the Board of Directors shall appoint a Committee Chairperson and a Committee Vice Chairperson of the Operations Committee. The Committee Chairperson and Committee Vice Chairperson shall serve at the pleasure of the Chairperson of the Board of Directors. The Operations Committee shall consist of fourteen members, as follows: (1)The Chairperson of the Board of Directors; (2)The Vice Chairperson of the Board of Directors; (3)The Committee Chair of the Operations Committee; (4)The Committee Vice Chair of the Operations Committee; and (5) Ten (10) additional Board members appointed by the Chairperson of the Board of Directors. Other than the Board Chairperson and the Board Vice Chairperson, no Director who serves on Administration Committee shall be eligible to serve on the Operations Committee. The Operations Committee shall meet on the first Wednesday of each month at 5:00 p.m., or at the call of its Chairperson. (d) Legislative and Public Affairs Committee: There shall be a permanent Committee designated as the Legislative and Public Affairs Committee, comprised of the Chairperson of the Board, the Vice Chairperson of the Board, and five at-large members selected by the Chairperson of the Board. The Committee shall advise the Staff and make recommendations on matters related to the legislative and public affairs programs of the District. The Legislative and Public Affairs Committee shall meet on the second Monday of each month at 8:00 a.m. or at the call of the Board Chair. (2) Special and Ad Hoc Committees. In addition to the Standing Committees, the Chairperson of the Board of Directors, or the Chairperson of a Standing Committee, or a majority of the Directors, may appoint from time to time, Special or Ad Hoc Committees to study and report on specific matters. Such Committees shall be temporary in nature, and their assignments shall pertain to a current, specific issue. Upon completion of the assigned task, the Ad Hoc or Special Committee will be dissolved. OCSD 15-01-10 Return to Mende Report The Chairperson and Vice Chairperson of Special and Ad Hoc Committees shall be appointed by the Chairperson of the appointing authority. Each Special and Ad Hoc Committee shall meet at the call of its Chairperson. M. Motion to Refer to a Standing Committee. Any Director at a Board meeting may move to have a policy or any other activity affecting the Sanitation District, or any one of the member Agencies, referred to a Standing Committee for study and report. This motion shall be a privileged motion, and when duly seconded, discussion thereof shall be limited to Directors only. Said motion shall receive an affirmative vote of a majority of the Directors for adoption. Section 2: Procedure for Consideration of Demands for Corrective Action. A. Requirement of Written Demand. Prior to any person commencing a judicial action for injunction or mandamus to declare any action taken by the Board void because of failure to observe Brown Act requirements, such person must first serve upon the Clerk of the Board a written demand describing the alleged violation and demanding corrective action. Such demand must be served upon the Clerk of the Board within thirty (30) days of the complained of action. Failure to serve any such demand within this thirty (30) day period shall result in the loss of any right to challenge any action to have been taken in violation of Sections 54953, 54954.2, or 54956 of the California Government Code. B. Consideration of Corrective Action. Upon receipt of such a demand, consideration of the demand shall immediately be placed on the Agenda for the next meeting of the Board of Directors. If the demand is received less than seventy-two (72) hours prior to the time set for the next meeting, the Board may determine that the notice constitutes the initiation of litigation, and that the need to take action on the threatened litigation arose subsequent to the posting of the Agenda, and may consider it at that meeting pursuant to Section 1(J) above. A description of any item so placed on the Agenda shall include both consideration of the demand, and the possibility of corrective action by the Board. In considering such demands, the Board shall first determine, by motion, whether corrective action should be taken. If no motion to take corrective action is carried, the Clerk of the Board shall inform the demanding party in writing of the Board's decision not to cure or correct the challenged action. C. Implementing Corrective Action. If a motion to take corrective action passes, the Chairperson may entertain a motion implementing corrective action. Any motion implementing corrective action shall address the concerns raised in the OCSD 15-01-11 consideration of corrective action. The motion implementing corrective action may include a motion to rescind prior action taken, as appropriate. Passage of a motion to rescind invalidates prior action only as of the time of the passage of the motion, and not from the date of the initial action. A motion implementing corrective action resulting from a written demand is out-of-order if the action complained of (a) was in connection with the sale or issuance of notes, bonds, or other evidences of indebtedness, or any contract, agreement, or incident thereto; or(b) gave rise to a contractual obligation upon which a party has, in good faith, detrimentally relied. In any event, the Board shall notify the party making the demand in writing of its decision to take corrective action, and shall describe any corrective action taken. This notice shall be given to the demanding party as soon as possible after the meeting, but in no event more than thirty (30) days after receipt of the demand.Section 3: Resolution No. OCSD 10-06 is hereby repealed. Section 4: This Resolution shall become effective immediately. PASSED AND ADOPTED at a regular meeting held January 28, 2015. Tom Beamish Board Chair ATTEST: Maria E. Ayala Clerk of the Board OCSD 15-01-12 Return to Mende Report STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) I, Maria E. Ayala, Clerk of the Board of Directors of the Orange County Sanitation District, do hereby certify that the foregoing Resolution No. OCSD 15-XX was passed and adopted at a regular meeting of said Board on the 28t" day of January, 2015, by the following vote, to wit: AYES: NOES: ABSTENTIONS: ABSENT: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of Orange County Sanitation District this 28th day of January, 2015. Maria E. Ayala Clerk of the Board of Directors Orange County Sanitation District OCSD 15-01-13 TABLE 1 BOARD PROCEDURES AND ORGANIZATION SUMMARY OF MOTIONS A. PRIVILEGED MOTIONS Kind of Second Vote Motion Required Debatable Amendable Required Purpose Adjourn Yes No No Majority To end the meeting To Take a Yes No No Majority To interrupt a Recess meeting for a short time or to provide an intermission Raise a No No No None To obtain action Question of immediately in an Privilege emergency B. MAIN MOTION AND RELATED SUBSIDIARY MOTIONS Kind of Second Vote Motion Required Debatable Amendable Required Purpose Main Yes Yes Yes Majority To introduce new Motion business Amend Yes Yes Yes Majority To modify or alter Main a motion Motion Substitute Yes Yes Yes Majority To replace the Motion main motion entirely Previous Yes No No Majority To close debate Question on the main or OCSD 15-01-14 Return to Mende Report Kind of Second Vote Motion Required Debatable Amendable Required Purpose amended motion immediately Continue to Yes Yes Yes Majority To defer action a Certain Time To Table Yes No No Majority To discontinue consideration until brought back by vote of the Board Take a Yes No No Majority To bring before Motion the group a from the motion previously Table tabled Limit or Yes No Yes Majority To limit or extend Extend limits of debate Limits of Debate Refer to a Yes Yes Yes Majority To place business Committee in hands of a Committee Withdraw a No No No None To withdraw a Motion motion before it is voted on Reconsider Yes Yes No Majority To secure a new must be by a vote on a motion Director who previously voted voted for the upon prevailing side on the original motion OCSD 15-01-15 C. INCIDENTAL RULES NON-RANKING Kind of Second Vote Motion Required Debatable Amendable Required Purpose Request to Yes No No Two-Thirds To facilitate Suspend business the Rules ordinarily contra to the rules of the organization Override Yes No No Majority To have Board Order of majority rule o the Chair the order Point of No No No None To enforce the Order rules of the organization OCSD 15-01-16 STEERING COMMITTEE Meath,Dare TOBd.of Dir. 01/28/15 O1/28/15 AGENDA REPORT Item Number Item Number a Orange County Sanitation District FROM: James D. Ruth, Chief Negotiator CHIEF NEGOTIATOR'S RECOMMENDATION Adopt Resolution No. OCSD 15-02, entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District approving the Memoranda of Understanding between the Orange County Sanitation District and the Supervisory and Professional Management Group, for Fiscal Years 2013/2014, 2014/2015 & 2015/2016." SUMMARY The MOUs between OCSD and the Supervisor Group and Professional Group bargaining units that became effective on July 1, 2010 expired on June 30, 2013. The District and the Supervisory and Professional Management Group (SPMG) began the meet and confer process for a successor MOU in April 2013. Negotiations continued for a period of 21 months, during which time 16 proposals were exchanged. On December 17, 2014, the Board of Directors directed the Chief Negotiator to make a counter proposal to SPMG including a three-year contract with 0% salary increase in the first year, 2% in the second year, and 2% in the third year. OCSD delivered this counter proposal to SPMG on December 13, 2014. SPMG's membership ratified the proposal by majority vote on January 12, 2015. The key points include the following: • Salary Increases (3-Year Cost: $2.42M, all-inclusive of benefits) - 0% in Year 1; 2% in Year 2; and 2% in Year 3, for an average of 1.3% annually. • Medical Reopener - Parties agree to reopen negotiations in February 2015 regarding health insurance carrier and/or plan design changes in order to achieve cost containment. • Classification & Compensation Study - OCSD agrees to include a representative from the Supervisor Group and the Professional Group to participate as a partner in the agency-wide Classification & Compensation study. Page 1 of 6 PRIOR COMMITTEE/BOARD ACTIONS In preparation for and during the meet and confer process, the Chief Negotiator received direction for labor negotiations with SPMG from the Steering Committee and the Board of Directors. The SPMG meet and confer process was agendized for discussion at the following Committee/Board meetings in closed session: • May 22, 2013 — Steering Committee and Board Meeting • June 12, 2013 — Special Board Meeting • June 26, 2013 — Steering Committee and Board Meeting • August 28, 2013—Steering Committee and Board Meeting • September 25, 2013 — Steering Committee and Board Meeting • November 20, 2013 — Steering Committee and Board Meeting • December 18, 2013 — Steering Committee and Board Meeting • February 26, 2014 — Steering Committee and Board Meeting • March 26, 2014— Steering Committee and Board Meeting • April 23, 2014 — Steering Committee and Board Meeting • May 28, 2014 — Steering Committee • June 25, 2014 — Steering Committee and Board Meeting • July 23, 2014— Steering Committee and Board Meeting • August 27, 2014— Steering Committee and Board Meeting • October 22, 2014— Steering Committee and Board Meeting • November 19, 2014 — Steering Committee and Board Meeting • December 17, 2014 — Steering Committee and Board Meeting ADDITIONAL INFORMATION The Supervisory and Professional Management Group is the recognized employee organization certified to provide exclusive representation over wages, hours of work, and other terms and conditions of employment for exempt employees in the Supervisor Group and Professional Group bargaining units. There are 255 exempt employees represented by the Supervisory and Professional Management Group. The Supervisor Group consists of 53 employees and the Professional Group consists of 202 employees. Employees in these Groups are assigned to classifications that perform frontline supervisory duties and program-related development, implementation and analytical duties associated with supporting the collection, treatment and recycling of wastewater. Some supervisory classifications are assigned to a 365-day per year, 7-day per week, 24-hour per day operation. The meet and confer process with SPMG was initiated on April 2, 2013 when the District received SPMG's initial proposal. That one-year proposal included enhancements in the following areas: Page 2 of 6 SPMG'S INITIAL PROPOSALS • Duration o One-Year Term (July 1, 2013 through June 30, 2014) • Salary Adjustments 0 4% Salary Increase 0 2.7% Salary Increase Based on Previous Three Years' Consumer Price Index (CPI) o Salary Increase Equal to the Current Year's CPI o Realignment of certain classifications and salary ranges • Hours of Work o Stricter criteria for work schedule changes; disagreements subject to grievance procedure and binding arbitration. • Promotions o District to evaluate all internal applicants prior to determining whether to open recruitments to external applicants. If there are at least three (3) minimally qualified internal applicants, position to be filled through internal recruitment. • Classification Studies o Add option for arbitration for disagreements regarding classification studies. These opening proposals and subsequent proposals from SPMG were rejected by OCSD. Therefore, negotiations continued from April 2013 through December 2014, with little movement. On December 9, 2014, SPMG issued a counter proposal to OCSD including a three- year contract with 0% in the first year, 2% salary increase and $1,000 non-base building payment in the second year, and 2% salary increase in the third year. The Chief Negotiator presented this counter proposal to the Steering Committee and Board of Directors on December 16, 2014. The Board of Directors directed the Chief Negotiator to reject SPMG's proposal and issue a counter proposal including the same terms with the exception of the $1,000 non-base building payment. Based on Board direction, OCSD issued a counter proposal to SPMG on December 18, 2014, including three-year contracts with 0% in the first year, 2% salary increase in the second year, and 2% salary increase in the third year. SPMG distributed the proposals to their membership for voting, and SPMG's membership ratified the proposals by majority vote on January 12, 2015. Page 3 of 6 The agreements include the following key items: • Salary o Year 1 — 0% Salary Increase. o Year 2 — 2.0% Salary Increase, effective the first pay period of July 2014. o Year 3 — 2.0% Salary Increase, effective the first pay period of July 2015. • Medical Reopener o Medical reopener in February 2015 to discuss the transition from Anthem to Blue Shield through California State Association of Counties — Excess Insurance Authority (CSAC-EIA), or to another carrier directly, and varied plan design changes in order to mitigate excise taxation in 2018 and achieve cost containment. • Potential strategies for consideration include, but are not limited to, the following: plan design changes to office and specialist copays, emergency room copays, plan deductibles and contribution rates; and alternative plan offerings such as a high deductible health plan with health savings account funding. • Classification & Compensation (C&C) Studv o OCSD agrees to include a representative from the Supervisor Group and the Professional Group to participate as a partner in the agency-wide C&C study. The total cost is $2.42M over the term of the agreement, which is all-inclusive of benefits. Listed below is a summary of all of the proposed changes in the tentative agreements by article number: FINAL MOU AGREEMENTS Article 1.0— Recognition: Effective date is July 1, 2013. Article 2.0— Duration: Terminates June 30, 2016. Article 3.0— Successor Agreement: No change. Article 4.0— Group Access: No change. Article 5.0— Group Rights: No change. Article 6.0— District Rights: No change. Article 7.0— Nondiscrimination in Employment: No change. Article 8.0— Smoke-free Work Environment: No change. Article 9.0— Safety: No change. Article 10.0— Discipline and Dismissal: No change. Article 11.0— Grievance Procedure: No change. Article 12.0— Problem Solving Procedure: No change. Article 13.0 — Salary Adjustments and Compensation: Year 1: 0% Salary Increases, Year 2: 2% Salary Increases, and Year 3: 2% Salary Increases; removal of outdated language regarding salary reopener. Article 14.0—Severance Pay: No change. Page 4 of 6 Article 15.0 - Deferred Compensation: Minor administrative changes/updated language to clarify that participation is subject to IRS requirements. Article 16.0- Holidays: No change. Article 17.0 - Hours of Work: Administrative changes to clarify that employees may waive the 30-day notice requirement for schedule changes; the 30-day notice does not apply to reasonable accommodations. Article 18.0 (intentionally left blank)- No change. Article 19.0 (intentionally left blank)- No change. Article 20.0 - Insurance: Medical Reopener in February 2015 to discuss the transition from Anthem to Blue Shield through California State Association of Counties - Excess Insurance Authority (CSAC-EIA), or to another carrier directly, and varied plan design changes in order to achieve additional cost savings; minor updates to language. Article 21.0- Reimbursement Accounts: No change. Article 22.0 - Extraordinary Services Compensation: Removal of language referencing Supervisor Group within the Professional Group MOU. Article 23.0- Probationary Period: No change. Article 24.0 - Promotions: Updated language indicating that prior to any determination whether to fill a vacant position externally, the District will evaluate all internal applicants that meet the minimum qualifications for the posted vacant position. In the event there exists at least one (1) minimally qualified applicant, the District shall conduct an internal recruitment. Article 25.0- Retirement: No change. Article 26.0- Shift Differential: No change. Article 27.0- Leave of Absence with Pay: No change. Article 28.0 - Leave of Absence without Pay: Minor administrative/language changes to align with current leave law provisions; housekeeping changes. Article 29.0 - Classification Studies: OCSD agreed to include a representative from the Supervisor Group and the Professional Group to participate as a partner in the upcoming agency-wide Classification & Compensation study; minor administrative changes. Article 30.0- Driver's License: No change. Article 31.0- Layoff Procedure: No change. Article 32.0- Light Duty: No change. Article 33.0- Medical Examination: No change. Article 34.0- Mileage Allowance: No change. Article 35.0-Acting Pay: No change. Article 36.0 (intentionally left blank)- No change. Article 37.0- Personnel Files: No change. Article 38.0- Bulletin Boards: No change. Article 39.0- Release Time for Meet and Confer Sessions: No change. Article 40.0- Use of District Facilities: No change. Article 41.0- Scope of Bargaining: No change. Article 42.0 - Impasse Procedures: Minor administrative changes/updated language to reference AB 646 and AB 1060. Article 43.0-Severability: No change. Article 44.0- Uniforms: No change. Page 5 of 6 Article 45.0 — Substance Abuse Policy: Added language to reflect that any employee may be subject to discipline, up to and including termination, for any alcohol screen test that indicates a blood alcohol concentration level of 0.02% or greater. Article 46.0— Dues Deductions: No change. Article 47.0— Maintenance of Membership: No change. Article 48.0— Peaceful Resolution of Disputes: No change. Article 49.0 (intentionally left blank)— No change. Article 50.0-Workplace Violence &Weapons Policy: No change. Article 51.0— Resignation: No change. Article 52.0 (intentionally left blank)— No change. ATTACHMENTS The following attachment(s) are included in hard copy and may also be viewed on-line at the OCSD website(www.ocsd.coml with the complete agenda package: • Resolution OCSD 15-02 Page 6 of 6 Return to Mende Report RESOLUTION NO. OCSD 15-02 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ORANGE COUNTY SANITATION DISTRICT APPROVING THE MEMORANDA OF UNDERSTANDING BETWEEN THE ORANGE COUNTY SANITATION DISTRICT AND THE SUPERVISORY AND PROFESSIONAL MANAGEMENT GROUP, FOR FISCAL YEARS 2013/2014, 2014/2015 & 2015/2016. WHEREAS, on September 22, 2010, the Board of Directors ("Directors") of the Orange County Sanitation District (the "District") authorized the General Manager to sign the Memoranda of Understanding with the Supervisory and Professional Management Group (referred hereinafter as "SPMG"), regarding salaries, benefits and terms and conditions of employment for the period July 1, 2010 through June 30, 2013 ("2010 MOUs"). WHEREAS, pursuant to Government Code Section 3500, et seq., representatives of SPMG have met and conferred with the representatives of the District and have reached an understanding with regard to certain terms and conditions relative to employment; and WHEREAS, the parties have modified the 2010 MOUs between the District and SPMG to reflect the parties' understanding regarding certain terms and conditions, which include: • Duration of the MOUs have been modified and will be for a 3-year term commencing July 1, 2013 and terminating June 30, 2016, as reflected in the Cover Page and Article 1 and 2 of the MOUs: • Salary Adjustments and Compensation has been modified as set forth below and as reflected in Article 13 of the MOUs: o Year 1 — 0% Salary Increase. o Year 2—2.0% Salary Increase, retroactive to the first pay period of July 2014. o Year 3—2.0% Salary Increase, effective the first pay period of July 2015. • Deferred Compensation has been modified as set forth below and as reflected in Article 15 of the MOUs: o Minor administrative changes/updated language to clarify that participation is subject to IRS requirements. • Hours of Work has been modified as set forth below and as reflected in Article 17 of the MOUs: o Employees may waive 30-day notice of schedule change. • 30-day notice will not be applicable if the change is a result of a reasonable accommodation. • Insurance has been modified as set forth below and as reflected in Article 20 of the MOUS: OCSD 15-02-1 Return to Mende Report o Medical reopener in February 2015 to discuss health insurance carrier and/or plan design changes in order to achieve additional cost savings; minor updates to language. • Extraordinary Services Compensation has been modified as set forth below and as reflected in Article 22 of the MOUs: o Removal of language referencing Supervisor Group within the Professional Group MOU. • Promotions has been modified as set forth below and as reflected in Article 24 of the MOUS: o Prior to any determination whether to fill a vacant position externally, the District will evaluate all internal applicants that meet the minimum qualifications for the posted vacant position. In the event there exists at least one (1) minimally qualified applicant, the District shall conduct an internal recruitment. • Leave of Absence without Pay has been modified as set forth below and as reflected in Article 28 of the MOUs: o Minor administrative/language changes to align with current leave law provisions; housekeeping changes. • Classification Studies has been modified as set forth below and as reflected in Article 29 of the MOUs: o OCSD will include a representative from the Supervisor Group and the Professional Group to participate as a partner in the agency-wide Classification & Compensation study; minor administrative changes. • Impasse Procedures has been modified as set forth below and as reflected in Article 42 of the MOUs: o Minor administrative changes/updated language to reference AB 646 and AB 1060. • Substance Abuse Policy has been modified as set forth below and as reflected in Article 45 of the MOUs: o Any employee may be subject to discipline, up to and including termination, for any alcohol screen test that indicates a blood alcohol concentration level of 0.02% or greater. NOW, THEREFORE, the Board of Directors of the Orange County Sanitation District, DOES HEREBY RESOLVE, DETERMINE AND ORDER: Section 1. The aforementioned MOUs between the District and SPMG for the contract period of July 1, 2013 through June 30, 2016 as outlined herein are hereby approved. Section 2. The General Manager is authorized to sign the Memoranda of Understanding with SPMG for the period of July 1, 2013 through June 30, 2016, in a form OCSD 15-02-2 Return to Mende Report approved by General Counsel. PASSED AND ADOPTED at a regular meeting held January 28, 2015. Tom Beamish, Board Chair ATTEST: Maria E. Ayala Clerk of the Board OCSD 15-02-3 STEERING COMMITTEE Meeting Date TOBA.of Dir. 01/28/15 O1/28/15 AGENDA REPORT Item Number Item Number s Orange County Sanitation District FROM: James D. Herberg, General Manager SUBJECT: SALARY RANGE ADJUSTMENTS FOR EXEMPT LEVEL CONFIDENTIAL EMPLOYEES GENERAL MANAGER'S RECOMMENDATION Adopt Resolution No. OCSD 15-03, entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District approving Salary and Benefit Adjustments for Unrepresented Exempt Confidential Employees for Fiscal Years 2013/2014, 2014/2015 & 2015/2016:' SUMMARY Confidential employees perform duties and responsibilities that support OCSD management with labor relations. Confidential employees are not represented by a bargaining unit and meet directly with the General Manager regarding terms and conditions of employment. The work and duties performed by exempt level confidential employees aligns with that of employees in the Supervisor Group and Professional Group bargaining units; however, due to their job duties in support of the labor relations program, confidential employees are not represented by a bargaining unit. Therefore, though they are in separate groups, unrepresented exempt level confidential employees' wages and benefits have historically aligned with represented employees' negotiated wages and benefits in the Supervisor Group and Professional Group. The General Manager is proposing the following salary adjustments for exempt level confidential employees that align with represented employee wages and benefits. • Salary Increases (3-Year Cost: $101 K) - 0% in Year 1; 2% salary increase in Year 2; and 2% salary increase in Year 3, for an average of 1.3% annually. Additionally, exempt level confidential employees are committed to reconvening at a later date with the General Manager to discuss health insurance carrier and/or plan design changes in order to achieve cost containment. PRIOR COMMITTEE/BOARD ACTIONS N/A Page 1 of 2 ADDITIONAL INFORMATION There are currently thirteen (13) exempt level confidential employees at OCSD in five (5) classifications. Confidential employees are those employees who, with authorized access, assist and act in a confidential capacity to and for persons who formulate, determine, and effectuate management policies with respect to labor relations. Exempt level confidential employees hold the following classifications: Clerk of the Board Human Resources Analyst Senior Human Resources Analyst Principal Human Resources Analyst Human Resources Supervisor (no current incumbents) Secretary to the General Manager Confidential employees are not represented by a bargaining unit; instead confidential employees represent themselves as a group in informal discussions with OCSD's General Manager regarding wages, hours, and other terms and conditions of employment. The General Manager recommends the following changes: • Salary o Year 1 — 0% Salary Increase. o Year 2 — 2.0% Salary Increase, effective the first pay period of July 2014. o Year 3 — 2.0% Salary Increase, effective the first pay period of July 2015. The cost of the salary increase for exempt confidential employee classifications is approximately $101 K over the three-year period. The proposal for exempt level confidential employees also includes a commitment to reconvene with the General Manager at a later date to discuss potential medical carrier and/or plan design changes in order to achieve cost containment. ATTACHMENTS The following attachment(s) are included in hard copy and may also be viewed on-line at the OCSD website(www.ocsd.com) with the complete agenda package: • Resolution OCSD 15-03 Page 2 of 2 Return to Mende Report RESOLUTION NO. OCSD 15-03 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ORANGE COUNTY SANITATION DISTRICT APPROVING SALARY AND BENEFIT ADJUSTMENTS FOR UNREPRESENTED EXEMPT CONFIDENTIAL EMPLOYEES FOR FISCAL YEARS 2014/2015 & 2015/2016 WHEREAS, there are sixteen (16) employees in the confidential employees job classification at the Orange County Sanitation District ("OCSD") who, with authorized access, assist and act in a confidential capacity to and for persons who formulate, determine, and effectuate management policies with respect to labor relations; and WHEREAS, there are thirteen (13) confidential employees holding exempt level classifications; and WHEREAS, exempt level confidential employees are unrepresented and meet directly with the General Manager about terms and conditions of employment; and WHEREAS, the General Manager recently entered into discussions with the exempt level confidential employees and completed negotiations in January 2015, which resulted in agreed upon proposed changes to wages and benefits that align with those agreed upon for represented employees; and WHEREAS, exempt level confidential employees have agreed to reconvene at a later date with the General Manager to discuss a medical reopener to discuss changes in order to avoid excise taxation; and NOW, THEREFORE, the Board of Directors of the Orange County Sanitation District, DOES HEREBY RESOLVE, DETERMINE, AND ORDER: 1. That the Board of Directors hereby authorizes and approves the following changes to wage and benefits for exempt level confidential employees, which shall become effective as noted: a) Salaries • To align with similarly situated represented employee classifications, exempt level confidential employees' salaries shall be adjusted per the following: • Year 1 —0% Salary Increase. • Year 2 — 2.0% Salary Increase, effective the first pay period of July 2014. • Year 3 — 2.0% Salary Increase, effective the first pay period of July 2015. OCSD 15-03-1 Return to Mende Report 2. That the General Manager, or his designee, is authorized to implement the changes to wages and benefits approved herein, and reconvene at a later date with the exempt level confidential employees to discuss health insurance carriers and/or plan design changes in order to achieve additional cost savings. PASSED AND ADOPTED at a regular meeting of the Board of Directors held January 28, 2015. Tom Beamish, Board Chair ATTEST: Maria E. Ayala Clerk of the Board OCSD 15-03-2 STEERING COMMITTEE Meng Dare TO ad.of W. 0 eti28,15 -- AGENDA REPORT Item Number Item Number 6 Orange County Sanitation District FROM: Robert P. Ghirelli, Assistant General Manager SUBJECT: KLEAN WATERS APPEAL HEARING ASSISTANT GENERAL MANAGER'S RECOMMENDATION Steering Committee to grant the request for a hearing and set a date and time for the hearing in the matter of Klean Waters, Inc., Tim Miller and Shaun Miller (Industrial Wastewater Discharge Permit No. 52-1-841) and determine procedures for the hearing. SUMMARY Appellants Klean Waters Inc., Tim Miller and Shaun Miller ("Klean Waters") appeal to the Steering Committee of the Board of Directors regarding the December 11, 2014 decision of the Sanitation District's General Manager James D. Herberg, imposing: 1) a revocation of Industrial Wastewater Discharge Permit No. 52-1-841, and 2) an administrative civil penalty in the amount of$1,190,000. An administrative complaint hearing was held on November 131b and 10 of 2014 before an independent hearing officer. The District received the hearing officer's findings dated December 8, 2014, which upheld the determination of the General Manager. On December 11, 2014, the Sanitation District forwarded to Klean Waters the General Manager's decision, in conjunction with the appeal process. Klean Waters filed an appeal to the Steering Committee on December 29, 2014. The District has retained M. Katherine Jenson of Rutan & Tucker, LLP, to serve as an independent legal advisor to the Steering Committee for purposes of the hearing. Pursuant to Wastewater Discharge Regulations Ordinance No. OCSD-39, the Steering Committee is required to grant a request for a hearing on appeals concerning permit revocation. It is required to take the actions necessary to set the matter for hearing no later than 60 days after receipt of the request for hearing. The hearing itself must be held within 65 days "from the date of the determination granting a hearing." (Section 618.A., See attached) It is somewhat unclear as to whether the Steering Committee makes such a "determination" in this setting since the right to an appeal hearing before the Steering Committee is automatic. For this reason, staff and Ms. Jenson recommend that, the Steering Committee set a date for the hearing no later than March 4, 2015, which is 65 days from the filing the the appeal. Page 1 of 2 A letter from Matthew Kaplan, attorney representing Klean Waters, was received on January 20, 2015. A copy of the letter is attached. I am preparing a response to the letter and will provide a copy of the response to all parties involved in this matter prior to the January 281^ Steering Committee meeting. PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION N/A ATTACHMENT The following attachment(s) is attached in hard copy and maybe viewed on-line at the OCSD website (www.ocsd.coml with the complete agenda package and attachments: • Section 618 from Ordinance OCSD-39 • Letter from Tucker Ellis LLP dated January 20, 2015 Page 2 of 2 Return to Mende Report ORDINANCE OCSD-39 Section 618 APPEALS TO THE STEERING COMMITTEE A. General Any user, permit applicant, or permittee adversely affected by a decision, action, or determination made by the General Manager may, prior to the date that the General Manager's order becomes final, file a written request for hearing before the Steering Committee of the Joint Boards of Directors accompanied by an appeal fee in the amount established by a fee ordinance of the OCSD Board of Directors. The request for hearing shall set forth in detail all the issues in dispute for which the appellant seeks determination and all facts supporting appellant's request. No later than sixty (60) days after receipt of the request for hearing, the Steering Committee shall either set the matter for a hearing, or deny the request for a hearing. A hearing shall be held by the Steering Committee within sixty-five (65) days from the date of determination granting a hearing, unless a later date is agreed to by the appellant and the Steering Committee. If the matter is not heard within the required time, due to actions or inactions of the appellant, the General Manager's order shall be deemed final. B. Grantina Reauest for Hearing The Steering Committee shall grant all requests for a hearing on appeals concerning permit suspension, revocation, or denial. Whether to grant or deny the request for a hearing on appeals of other decisions of the General Manager shall be within the sole discretion of the Steering Committee. C. Appeal Fee Refund The appeal fee shall be refunded if the Steering Committee denies a hearing or reverses or modifies, in favor of the appellant, the order of the General Manager. The fee shall not be refunded if the Steering Committee denies the appeal. D. Written Determination After the hearing, the Steering Committee shall make a determination whether to uphold, modify, or reverse the decision, action, or determination made by the General Manager. The decision of the Steering Committee shall be set forth in writing within sixty- Page 1 d 2 Return to Aaenda Report five (65) days after the close of the hearing and shall contain a finding of the facts found to be true, the determination of issues presented, and the conclusions. The written decision and order of the Steering Committee shall be sent by certified mail to the appellant or its legal counsel/representative at the appellant's business address. The order of the Steering Committee shall be final upon its adoption. In the event the Steering Committee fails to reverse or modify the General Manager's order, it shall be deemed affirmed. 618.1 Appeal of Charges and Fees Any user, permit applicant, or permittee affected by any decision, action, or determination by the OCSD, relating to fiscal issues of the OCSD in which the user, applicant, or permittee is located, including but not limited to the imposition and collection of fees, such as connection charges, sewer use charges, special purpose discharge use charges and Wastehauler fees, may request that the OCSD reconsider imposition of such fees or charges. Following review of such a request, the OCSD shall notify the user, permit applicant, or permittee by certified mail of the OCSD's decision on the reconsideration request. Any user, permit applicant, or permittee adversely affected by the OCSD's decision on the reconsideration request may file an appeal which shall be heard by the Board of Directors of the District in which the appellant's property is located. The notice of appeal must be received by the OCSD within thirty (30) days of the mailing of the OCSD's decision on the reconsideration request. Notwithstanding the foregoing, appeals of non-compliance sampling fees shall be made pursuant to the appeal procedures set forth in Sections 617 and 618. Page 2 of 2 i Return to Mende Report Tucker5� South Flower street,Forty Second Floor I Los Angeles,CA 90071-2223 I TEL 23430.340o I Fax 213430.3409 Ellis � LLP oIRECTM� 213.430.3309 matf mIn la tuckewllis.corn P � January 20, 2015 VIA U.S. MAIL AND EMAIL Robert P. Ghirelli,D.Env.,BCES Assistant General Manager Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, California 92708 Re: glean Waters,Inc. Industrial Wastewater Discharge Permit No. 52-1-841 Orange County Sanitation District Steering Committee Hearing Dear Mr. Ghirelli: '.. This responds to your January 15,2015 letter. Although our calendars are such that they will allow us to attend the January 28,2015 meeting referred to in your letter,we do not understand the purpose or need for such a meeting. You state it is to confirm the date upon which the appeal will be taken and for the Steering Committee to"cant=the procedures to be used for the hearing on appeal." We appreciate the '.. e opportunity to work with you on scheduling the hearing for a time that is best for most participants,but are confused by your comment about the hearing procedures. The Orange County Sanitation District("OCSD") surely has standard procedures that govern the Steering Committee's conduct of appeals from decisions of the General Manager under Orange County Sanitation District Ordinance No. OCSD-39 (the`Ordinance"). We can _ think of no reason why the appeal in this matter would not follow those standard procedures. However, we have been unable to locate a copy of these procedures,whether in the materials provided to us or our client in connection with this matter or in the OCSD Ordinances. Please provide us with a regulatory citation or other direction as to the location of the rules governing Steering Committee hearings and also provide us a copy of those procedures. Until we see the standard hearing procedures we are unable to evaluate any proposed changes to these procedures or engage in meaningful discussions concerning the length of the hearing. However,to the extent the OCSD wants to conduct the Klean Waters hearing using procedures that differ from the standard Steering Committee procedures,please let us know the specific changes you propose and we will discuss them with our client and meet and confer with you and your counsel about whether we can stipulate to any proposed changes. " With respect to the hearing schedule,we received the email from your assistant, Kelly 5 Lore,with the link to the Doodle website schedule. I responded by advising Ms. Lore we w �r _ — _LeknartaGeW141B9\OOOBB4NB30B&1� _ _____ __.._ -, I' 7� Return W Mende Report Tucker Robert P.Ghirelli Ellis I LLP January 20,2015 Page 2 currently me available on the following dates proposed: February 9, 19, 20 and 23, 2015, However, as noted, we cannot provide feedback on your suggestion as to timing until we understand the parameters of our clients' rights under the existing procedures. With respect to the materials filed under seal, you raised questions about these materials becoming public records"pursuant to the Brown Act and District policy." As a preliminary matter,please identify by citation or provide us a copy of the OCSD policy to which you are referring. As to the specifics of our clients' concerns,they are limited to two general pieces of li information--the names of their customers and the name of one specific polymer they use to treat wastewater(and the documents describing this polymer, including its Material Safety Data Sheet). We propose solving the confidentiality problem through a meet and confer with OCSD !!, and Steering Committee counsel to find ways to provide sufficient information for a meaningful ', review while maintaining the confidentiality of this information,including through the use of various stipulated facts. Please let me know who I should contact to address the details of this !I proposal. ! i Sincerely, 1 1Vctc Et t is LLP 'Matthew�i. Kaplan cc: M. Katherine Jenson(via email and U.S. Mail) Bradley R. Hogin(via email and U.S. Mail) !il -__��,�an>,�totmroe�ooeeei�towossa_ __. ORANGE COUNTY SANITATION DISTRICT Agenda Terminology Glossary Glossary of Terms and Abbreviations AQMD Air Quality Management District ASCE American Society of Civil Engineers BOD Biochemical Oxygen Demand CARB California Air Resources Board CASA California Association of Sanitation Agencies CCTV Closed Circuit Television CEQA California Environmental Quality Act CRWQCB California Regional Water Quality Control Board CWA Clean Water Act CWEA California Water Environment Association EIR Environmental Impact Report EMT Executive Management Team EPA U.S. Environmental Protection Agency FOG Fats, Oils, and Grease FSSD Facilities Support Services Department gpd Gallons per day GWR System Groundwater Replenishment System (also called GWRS) ICS Incident Command System IERP Integrated Emergency Control Plan LOS Level of Service MGD Million gallons per day NACWA National Association of Clean Water Agencies NPDES National Pollutant Discharge Elimination System NWRI National Water Research Institute O&M Operations and Maintenance OCCOG Orange County Council of Governments OCHCA Orange County Health Care Agency OCSD Orange County Sanitation District OCWD Orange County Water District GOBS Ocean Outfall Booster Station OSHA Occupational Safety and Health Administration POTW Publicly Owned Treatment Works ppm Parts per million RFP Request For Proposal RWQCB Regional Water Quality Control Board SARFPA Santa Ana River Flood Protection Agency Glossary of Terms and Abbreviations SARI Santa Ana River Inceptor SARWQCB Santa Ana Regional Water Quality Control Board SAWPA Santa Ana Watershed Project Authority SCADA Supervisory Control and Data Acquisition system SCAP Southern California Alliance of Publicly Owned Treatment Works SCAQMD South Coast Air Quality Management District SOCWA South Orange County Wastewater Authority SSMP Sanitary Sewer Management Plan SSO Sanitary Sewer Overflow SWRCB State Water Resources Control Board TDS Total Dissolved Solids TMDL Total Maximum Daily Load TSS Total Suspended Solids WDR Waste Discharge Requirements WEF Water Environment Federation WERF Water Environment Research Foundation Activated-sludge process — A secondary biological wastewater treatment process where bacteria reproduce at a high rate with the introduction of excess air or oxygen, and consume dissolved nutrients in the wastewater. Benthos— The community of organisms, such as sea stars, worms and shrimp, which live on, in, or near the seabed, also know as the benthic zone. Biochemical Oxygen Demand (BOD)—The amount of oxygen used when organic matter undergoes decomposition by microorganisms. Testing for BOD is done to assess the amount of organic matter in water. Biosolids — Biosolids are nutrient rich organic and highly treated solid materials produced by the wastewater treatment process. This high-quality product can be recycled as a soil amendment on farm land or further processed as an earth-like product for commercial and home gardens to improve and maintain fertile soil and stimulate plant growth. Capital Improvement Program (CIP) — Projects for repair, rehabilitation, and replacement of assets. Also includes treatment improvements, additional capacity, and projects for the support facilities. Coliform bacteria—A group of bacteria found in the intestines of humans and other animals, but also occasionally found elsewhere used as indicators of sewage pollution. E. coli are the most common bacteria in wastewater. Collections system — In wastewater, it is the system of typically underground pipes that receive and convey sanitary wastewater or storm water. Certificate of Participation (COP) —A type of financing where an investor purchases a share of the lease revenues of a program rather than the bond being secured by those revenues. Glossary of Terms and Abbreviations Contaminants of Potential Concern (CPC) — Pharmaceuticals, hormones, and other organic wastewater contaminants. Dilution to Threshold (D!f) — the dilution at which the majority of the people detect the odor becomes the DrT for that air sample. Greenhouse gases — In the order of relative abundance water vapor, carbon dioxide, methane, nitrous oxide, and ozone gases that are considered the cause of global warming ("greenhouse effect"). Groundwater Replenishment (GWR) System — A joint water reclamation project that proactively responds to Southern California's current and future water needs. This joint project between the Orange County Water District and the Orange County Sanitation District provides 70 million gallons a day of drinking quality water to replenish the local groundwater supply. Levels of Service (LOS)—Goals to support environmental and public expectations for performance. NDMA— N-Nitrosodimethylamine is an N-nitrosoamine suspected cancer-causing agent. It has been found in the Groundwater Replenishment System process and is eliminated using hydrogen peroxide with extra ultra-violet treatment. National Biosolids Partnership (NBP) — An alliance of the National Association of Clean Water Agencies (NACWA) and Water Environment Federation (WEF), with advisory support from the U.S. Environmental Protection Agency (EPA). NBP is committed to developing and advancing environmentally sound and sustainable biosolids management practices that go beyond regulatory compliance and promote public participation in order to enhance the credibility of local agency biosolids programs and improved communications that lead to public acceptance. Plume—A visible or measurable concentration of discharge from a stationary source or fixed facility. Publicly-owned Treatment Works (POTW)— Municipal wastewater treatment plant. Santa Ana River Interceptor (SARI) Line — A regional brine line designed to convey 30 million gallons per day (MGD) of non-reclaimable wastewater from the upper Santa Ana River basin to the ocean for disposal, after treatment. Sanitary sewer — Separate sewer systems specifically for the carrying of domestic and industrial wastewater. Combined sewers carry both wastewater and urban run-off. South Coast Air Quality Management District (SCAQMD) — Regional regulatory agency that develops plans and regulations designed to achieve public health standards by reducing emissions from business and industry. Secondary treatment — Biological wastewater treatment, particularly the activated-sludge process, where bacteria and other microorganisms consume dissolved nutrients in wastewater. Sludge—Untreated solid material created by the treatment of wastewater. Total suspended solids (TSS)—The amount of solids floating and in suspension in wastewater. Trickling filter — A biological secondary treatment process in which bacteria and other microorganisms, growing as slime on the surface of rocks or plastic media, consume nutrients in wastewater as it trickles over them. Glossary of Terms and Abbreviations Urban runoff — Water from city streets and domestic properties that carry pollutants into the storm drains, rivers, lakes, and oceans. Wastewater—Any water that enters the sanitary sewer. Watershed —A land area from which water drains to a particular water body. OCSD's service area is in the Santa Ana River Watershed.