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HomeMy WebLinkAbout12-19-2018 Steering Committee Agenda Packet.pdf12/19/2018 Steering Committee Agenda Page 1 of 2 AGENDA CALL TO ORDER DECLARATION OF QUORUM: Clerk of the Board PUBLIC COMMENTS: If you wish to address the Committee on any item, please complete aSpeaker’s Form (located at the table at the back of the room) and submit it to the Clerk of the Board or notify the Clerk of the Board the item number on which you want to speak. Speakers will be recognized by the Chairperson and are requested to limit comments to three minutes. REPORTS: The Committee Chairperson 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: The Consent Calendar Items are considered to be routine and will be enacted, by the Committee, after one motion, without discussion. Any items withdrawn from the Consent Calendar for separate discussion will be considered in the regular order of business. 1.APPROVAL OF MINUTES (Clerk of the Board) RECOMMENDATION: Approve Minutes of the Regular Meeting of the SteeringCommittee held November 28, 2018. NON-CONSENT ITEMS: 2.LABOR RELATIONS – CONTRACT NEGOTIATIONS (Celia Chandler) RECOMMENDATION: Recommend to the Board of Directors to: Authorize the BoardChair to execute an agreement with Liebert Cassidy Whitmore, the external Chief Negotiator selected by the Ad Hoc Committee, for an amount not to exceed $120,000. CLOSED SESSION: None. Orange County Sanitation District Regular Meeting of the STEERING COMMITTEE Wednesday, December 19, 2018 5:00 P.M. Administration Building Conference Rooms A & B 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 12/19/2018 Steering Committee Agenda Page 2 of 2 OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: ADJOURNMENT: To the Steering Committee meeting scheduled for Wednesday, January 23, 2019 at 5:00 p.m. Accommodations for the Disabled: Meeting Rooms are wheelchair accessible. If you require any special disability related accommodations, please contact the Orange County Sanitation District Clerk of the Board’s office at (714) 593-9433 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, and on the Sanitation District’s website at www.ocsd.com not less than 72 hours prior to the meeting date and time above. All public records relating to each agenda item, including any public records distributed less than 72 hours prior to the meeting to all, or a majority of the Board of Directors, are available for public inspection in the office of the Clerk of the Board. Agenda Description: The agenda provides a brief general description of each item of business to be considered or discussed. The recommended action does not indicate what action will be taken. The Board of Directors may take any action which is deemed appropriate. NOTICE TO DIRECTORS: To place items on the agenda for a Committee or Board Meeting, items must be submitted to the Clerk of the Board 14 days before the meeting. Kelly A. Lore, MMC Clerk of the Board (714) 593-7433 klore@ocsd.com For any questions on the agenda, Committee members may contact staff at: General Manager Jim Herberg (714) 593-7300 jherberg@ocsd.com Assistant General Manager Lorenzo Tyner (714) 593-7550 ltyner@ocsd.com Assistant General Manager Rob Thompson (714) 593-7310 rthompson@ocsd.com Director of Environmental Services Jim Colston (714) 593-7450 jcolston@ocsd.com Director of Human Resources Celia Chandler (714) 593-7202 cchandler@ocsd.com Director of Operations & Maintenance Ed Torres (714) 593-7080 etorres@ocsd.com 11/28/2018 Steering Committee Minutes Page 1 of 5 MINUTES OF THE STEERING COMMITTEE Orange County Sanitation District Wednesday, November 28, 2018 at 5:00 p.m. A regular meeting of the Steering Committee of the Orange County Sanitation District was called to order by Board Chairman Greg Sebourn on Wednesday, November 28, 2018 at 5:04 p.m. in the Administration Building of the Orange County Sanitation District. A quorum was declared present, as follows: COMMITTEE MEMBERS PRESENT: Greg Sebourn, Board Chair David Shawver, Board Vice-Chair Peter Kim, LaPA Committee Chair Chad Wanke, Administration Committee Chair Ellery Deaton, Member-At-Large Donald Wagner, Member-At-Large COMMITTEE MEMBERS ABSENT: John Withers, Operations Committee Chair STAFF PRESENT: Jim Herberg, General Manager Rob Thompson, Assistant General Manager Lorenzo Tyner, Assistant General Manager Celia Chandler, Director of Human Resources Jim Colston, Director of Environmental Services Ed Torres, Director of Operations and Maintenance Kelly Lore, Clerk of the Board Janine Aguilar Jennifer Cabral Mike Dorman Al Garcia Tina Knapp Laura Maravilla Kathy Millea Andrew Nau Ddaze Phuong Tyler Ramirez OTHERS PRESENT: Brad Hogin, General Counsel PUBLIC COMMENTS: No public comments were provided. ITEM NO. 1 11/28/2018 Steering Committee Minutes Page 2 of 5 REPORTS: Chair Sebourn did not provide a report. General Manager Jim Herberg provided information regarding the organizational realignment with Operations & Maintenance and Engineering Departments. Mr. Herberg also announced that Director of Operations & Maintenance Ed Torres has announced his retirement in early January. He stated that, as a result, staff is requesting an upgrade to the vacant position to the Director of Engineering on tonight’s agenda. Mr. Herberg went on to say that Assistant General Manager Rob Thompson will assume the role of Assistant General Manager and Director of Operations and Maintenance, and an open recruitment for the Director of Engineering will begin in December. CONSENT CALENDAR: 1. APPROVAL OF MINUTES (Clerk of the Board) Clerk of the Board Kelly Lore stated a correction to the minutes. MOVED, SECONDED, AND DULY CARRIED TO: Approve Minutes of the Regular Meeting of the Steering Committee held on October 24, 2018. AYES: Deaton, Kim, Sebourn, Wagner and Wanke NOES: None ABSTENTIONS: None ABSENT: Shawver and Withers NON-CONSENT ITEMS 2. NEW POLICY REGARDING THE DISPOSITION OF EXTERNAL SIGNAGE ON ORANGE COUNTY SANITATION DISTRICT PROPERTY (Lorenzo Tyner) MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: Adopt Resolution No. OCSD 18-XX entitled: “A Resolution of The Board of Directors of Orange County Sanitation District Adopting The “Sign Removal Policy”. AYES: Deaton, Kim, Sebourn, Wagner and Wanke NOES: None ABSTENTIONS: None ABSENT: Shawver and Withers 11/28/2018 Steering Committee Minutes Page 3 of 5 3. REVISED POLICY REGARDING BOARD OF DIRECTORS’ EXPENSE REIMBURSEMENT, MEETING ATTENDANCE AND COMPENSATION (Lorenzo Tyner) MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: Adopt Resolution No. OCSD 18-XX entitled: “A Resolution of the Board of Directors of the Orange County Sanitation District Adopting a Revised Policy Regarding Board of Directors’ Expense Reimbursement, Meeting Attendance and Compensation; and Repealing Resolution No. OCSD 15-06.” AYES: Deaton, Kim, Sebourn, Wagner and Wanke NOES: None ABSTENTIONS: None ABSENT: Shawver and Withers Vice-Chair Shawver arrived at the meeting at 5:08 p.m. 4. LABOR RELATIONS – CONTRACT NEGOTIATIONS (Celia Chandler) MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: Authorize/Direct the Steering Committee to form an Ad Hoc Committee for the purpose of interviewing and selecting an external Chief Negotiator for the upcoming contract negotiations with all six (6) bargaining units at the Orange County Sanitation District. AYES: Deaton, Kim, Sebourn, Shawver, Wagner and Wanke NOES: None ABSTENTIONS: None ABSENT: Withers Board Vice-Chair Shawver and Directors Wagner and Kim volunteered to serve on the Committee. 5. POSITION CHANGE FOR FY 2018-19 AND 2019-20 (Celia Chandler) Director of Human Resources Celia Chandler provided information regarding the changes included in this item. MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: Approve an upgrade of the vacant Director of Finance & Administrative Services (Salary Grade EM25) position to Director of Engineering (Salary Grade EM27). AYES: Deaton, Kim, Sebourn, Shawver, Wagner and Wanke NOES: None ABSTENTIONS: None ABSENT: Withers 11/28/2018 Steering Committee Minutes Page 4 of 5 6. STRATEGIC PLAN UPDATE (Rob Thompson) Assistant General Manager Rob Thompson provided a brief report to the Committee regarding the Strategic Plan Update. MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: A. Approve the Strategic Plan 2018-2019 Update; and B. Direct staff to implement the goals and levels of service contained in the Plan. AYES: Deaton, Kim, Sebourn, Shawver, Wagner and Wanke NOES: None ABSTENTIONS: None ABSENT: Withers CLOSED SESSION CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(2): The Board convened in closed session at 5:22 p.m. to discuss one item. Confidential minutes of the Closed Session have been prepared in accordance with the above Government Code Section and are maintained by the Clerk of the Board in the Official Book of Confidential Minutes of Board and Committee Closed Session Meetings. RECONVENED IN REGULAR SESSION: The Board reconvened in regular session at 5:27 p.m. CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED SESSION: General Counsel Brad Hogin did not provide a report. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: None. ADJOURNMENT: Chair Sebourn declared the meeting adjourned at 5:29 p.m. to the next Steering Committee meeting to be held on Wednesday, December 19, 2018 at 5:00 p.m. 11/28/2018 Steering Committee Minutes Page 5 of 5 Submitted by: __________________ Kelly A. Lore, MMC Clerk of the Board Page 1 of 3 STEERING COMMITTEE Meeting Date 12/19/18 To Bd. of Dir. 12/19/18 AGENDA REPORT Item Number 2 Item Number Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Celia Chandler, Director of Human Resources SUBJECT: LABOR RELATIONS – CONTRACT NEGOTIATIONS GENERAL MANAGER'S RECOMMENDATION Authorize the Board Chair to execute an agreement with Liebert Cassidy Whitmore, the external Chief Negotiator selected by the Ad Hoc Committee, for an amount not to exceed $120,000. BACKGROUND On November 28, 2018, the Steering Committee approved the formation of an Ad Hoc Committee for the purpose of interviewing and selecting an external Chief Negotiator for the upcoming contract negotiations with all six (6) bargaining units at the Orange County Sanitation District (Sanitation District). The Ad Hoc Committee consists of the Board Chair, the Legislative and Public Affairs Committee Chair, and a Steering Committee Member-at-Large. The Ad-Hoc Committee met to interview and select from the following list of firms: • Atkinson, Andelson, Loya, Ruud & Romo • Liebert Cassidy Whitmore • Rutan & Tucker On December 10, 2018, the Ad Hoc Committee conducted interviews with the firms. The Committee selected Liebert Cassidy Whitmore and will report their recommendation to the Steering Committee and the Board of Directors at their regular meetings on December 19, 2018. RELEVANT STANDARDS • Cultivate a highly qualified, well-trained, and diverse workforce • Offer competitive compensation and benefits • Negotiate fair and equitable labor agreements • Maintain positive employer-employee relations PROBLEM Contract negotiations are expected to begin with all six (6) bargaining units prior to the expiration of their respective Memoranda of Understanding (MOU’s) in June 2019. In Page 2 of 3 preparation for the upcoming negotiations, the Sanitation District labor negotiations team and the Sanitation District’s Chief Negotiator will need to work closely with Board leadership to set parameters and develop negotiation strategies. PROPOSED SOLUTION Authorize the Board Chair to execute an agreement with the external Chief Negotiator selected by the Ad Hoc Committee Chief Negotiator selection process in accordance with Ordinance No. OCSD-52, Section 3.03.B Contractors Reporting to the Board. Ordinance No. OCSD-52 is an ordinance of the Board of Directors of the Sanitation District establishing requirements and procedures for the purchase of goods, services, and public works projects. Ordinance No. OCSD-52, Section 3.03.B Contractors Reporting to the Board indicates that the provisions listed under Article 3 (Professional Services) shall not apply to the retention of Professional Service firms or individuals that are selected by the Board and report directly to the Board. For such contracts, the Board shall determine the method of selection, consistent with the requirements of applicable law. TIMING CONCERNS On June 30, 2019, the MOU’s with all six (6) of the Sanitation District’s bargaining units will expire. It is anticipated that the selection of the Chief Negotiator will be presented to the Board of Directors for consideration and authorization during the December 2018 Board Meeting, leaving approximately six (6) months for preparation and negotiation once the Chief Negotiator is hired. RAMIFICATIONS OF NOT TAKING ACTION Delays in the selection of a Chief Negotiator would postpone initiation of labor contract negotiations and may negatively impact the Sanitation District’s ability to finalize successor agreements before the MOU’s expire on June 30, 2019. PRIOR COMMITTEE/BOARD ACTIONS November 2018 - The Steering Committee formed an Ad Hoc Committee for the purpose of interviewing and selecting an external Chief Negotiator for the upcoming contract negotiations with all six (6) bargaining units at the Sanitation District. ADDITIONAL INFORMATION On June 30, 2019, the MOU’s with all six (6) of the Sanitation District bargaining units will expire. Three (3) of the bargaining units are represented by the Orange County Employees Association (OCEA). OCEA represents 102 Sanitation District employees, who perform para-professional, technical, and administrative jobs. One (1) bargaining unit is represented by the International Union of Operating Engineers - Local 501 (Local 501). Local 501 represents 200 Sanitation District employees, who perform operations, Page 3 of 3 maintenance, and other trade-related jobs. The remaining two (2) bargaining units are represented by the Supervisor and Professional Management Group (SPMT) affiliated with the American Federation of State, County and Municipal Employees (AFSCME). SPMT/AFSCME represent 65 Sanitation District employees that are responsible for supervisory duties across all divisions. In addition, SPMT/AFSCME represent 210 Sanitation District employees holding professional, exempt-level positions who perform analytical work. CEQA N/A FINANCIAL CONSIDERATIONS It is estimated that the cost for labor relations consulting for all negotiations will not exceed $120,000. This request complies with authority levels of the Sanitation District's Purchasing Ordinance. This item has been budgeted for FY 2018-19 and FY 2019-20. (Line item: FY 2018-19 Budget Section 5, Page 7; Object Account 53256). Project contingency funds will not be used for this agreement. ATTACHMENT The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: N/A ORANGE COUNTY SANITATION DISTRICT COMMON ACRONYMS ACWA Association of California Water Agencies LAFCO Local Agency Formation Commission RWQCB Regional Water Quality Control Board APWA American Public Works Association LOS Level Of Service SARFPA Santa Ana River Flood Protection Agency AQMD Air Quality Management District MGD Million Gallons Per Day SARI Santa Ana River Interceptor ASCE American Society of Civil Engineers MOU Memorandum of Understanding SARWQCB Santa Ana Regional Water Quality Control Board BOD Biochemical Oxygen Demand NACWA National Association of Clean Water Agencies SAWPA Santa Ana Watershed Project Authority CARB California Air Resources Board NEPA National Environmental Policy Act SCADA Supervisory Control And Data Acquisition CASA California Association of Sanitation Agencies NGOs Non-Governmental Organizations SCAP Southern California Alliance of Publicly Owned Treatment Works CCTV Closed Circuit Television NPDES National Pollutant Discharge Elimination System SCAQMD South Coast Air Quality Management District CEQA California Environmental Quality Act NWRI National Water Research Institute SOCWA South Orange County Wastewater Authority CIP Capital Improvement Program O & M Operations & Maintenance SRF Clean Water State Revolving Fund CRWQCB California Regional Water Quality Control Board OCCOG Orange County Council of Governments SSMP Sewer System Management Plan CWA Clean Water Act OCHCA Orange County Health Care Agency SSO Sanitary Sewer Overflow CWEA California Water Environment Association OCSD Orange County Sanitation District SWRCB State Water Resources Control Board EIR Environmental Impact Report OCWD Orange County Water District TDS Total Dissolved Solids EMT Executive Management Team OOBS Ocean Outfall Booster Station TMDL Total Maximum Daily Load EPA US Environmental Protection Agency OSHA Occupational Safety and Health Administration TSS Total Suspended Solids FOG Fats, Oils, and Grease PCSA Professional Consultant/Construction Services Agreement WDR Waste Discharge Requirements gpd gallons per day PDSA Professional Design Services Agreement WEF Water Environment Federation GWRS Groundwater Replenishment System POTW Publicly Owned Treatment Works WERF Water Environment & Reuse Foundation ICS Incident Command System ppm parts per million WIFIA Water Infrastructure Finance and Innovation Act IERP Integrated Emergency Response Plan PSA Professional Services Agreement WIIN Water Infrastructure Improvements for the Nation Act JPA Joint Powers Authority RFP Request For Proposal WRDA Water Resources Development Act ORANGE COUNTY SANITATION DISTRICT GLOSSARY OF TERMS 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 known 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. BIOGAS – A gas that is produced by the action of anaerobic bacteria on organic waste matter in a digester tank that can be used as a fuel. 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 farmland 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. CONTAMINANTS OF POTENTIAL CONCERN (CPC) – Pharmaceuticals, hormones, and other organic wastewater contaminants. DILUTION TO THRESHOLD (D/T) – The dilution at which the majority of people detect the odor becomes the D/T for that air sample. GREENHOUSE GASES (GHG) – 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 SYSTEM (GWRS) – 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 per day of drinking quality water to replenish the local groundwater supply. LEVEL OF SERVICE (LOS) – Goals to support environmental and public expectations for performance. N-NITROSODIMETHYLAMINE (NDMA) – A N-nitrosamine 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 and Water Environment Federation, with advisory support from the US Environmental Protection Agency. NBP is committed to developing and advancing environmentally sound and sustainable biosolids management practices that go beyond regulatory compliance and promote public participation 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) – A municipal wastewater treatment plant. SANTA ANA RIVER INTERCEPTOR (SARI) LINE – A regional brine line designed to convey 30 million gallons per day 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 runoff. 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. 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. The Orange County Sanitation District’s service area is in the Santa Ana River Watershed.