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HomeMy WebLinkAbout02-27-2013 Steering Committee Agenda Packet.pdf Wednesday, February 27, 2013 Orange County Sanitation District 5:00 P.M. Regular Meeting of the Administration Building Steering Committee Conference Rooms A& B 10844 Ellis Avenue Fountain Valley, CA 92708 r, (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. Rate Update CONSENT CALENDAR: 1. Approve Minutes of the January 23, 2013 Steering Committee Meeting. ACTION ITEMS: 2. Recommend to the Board of Directors to: A. Adopt Resolution No. OCSD 13-XX appointing James D. Herberg (Mr. Herberg) to the position of General Manager for the Orange County Sanitation District; B. Approve the At-Will Employment Agreement, attached hereto, with Mr. Herberg specifying terms and conditions of employment for General Manager services beginning April 1, 2013; C. Authorize the Board Chair to execute the At-Will Employment Agreement, attached hereto; and D. Authorize the Board Chair to provide a notice of termination of employment to General Manager James D. Ruth effective April 1, 2013, consistent with the OCSD General Manager Transition Plan and as required pursuant to Mr. Ruth's At-Will Employment Agreement. 02/27/13 Steering Committee Agenda Page 1 of 3 3. Recommend to the Board of Directors to: Adopt the 2013 Legislative Platform and Goals. 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) CONFERENCE WITH LEGAL COUNSEL RE. EXISTING LITIGATION (5 items) (Government Code Section 54956.9(d)(1)) • Case: Mladen Buntich V. Orange County Sanitation District, Riverside County Superior Court, Case No. RIC 1201005 • Case: City of Los Angeles v. County of Kem, Fifth District Court of Appeal, Case No. F063381 • Case: Santa Ana Watershed Project Authority v. Orange County Sanitation District, Contractual Arbitration before Judicial Arbitration and Mediation Services, Jams Reference No. 1210030062 • Case: Kiewit Infrastructure West v. Orange County Sanitation District, Orange County Superior Court, Case No. 30-2012 00544245 • Case: Vallejo Gallery, LLC v. Orange County Sanitation District, Orange County Superior Court, Case No. 30-2012 00570950 (2) PUBLIC EMPLOYEE APPOINTMENT (Government Code Section 54957(b)(1)) Title: General Manager (3) CONFERENCE WITH LABOR NEGOTIATORS 02/27/13 Steering Committee Agenda Page 2 of 3 (Government Code Section 54957.6) Agency Designated Representatives: Chair, Troy Edgar Unrepresented Employee: General Manager 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, March 27, 2013, 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) 593-7130 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 mavala/glocsd.com For any questions on the agenda,Committee members may contact staff at: General Manager Jim Ruth (714)593-7110 iruthralocsd.com Assistant General Manager Bob Ghirelli (714)593-7400 rohirellirglocsd.com Assistant General Manager Jim Herberg (714)593-7300 iherbergroloosd.com Director of Engineering Nick Kanetis (714)593-7310 nkanetis0locsd.com Director of Facility Support Services Nick Amontes (714)593-7210 nsrhontesGDocsd.00m Director of Finance and Lorenzo Tyner (714)593-7550 Itynerrglocsd.com Administrative Services Director of Human Resources Jeff Reed (714)593-7144 ireedrglocsd.com Director of Operations&Maintenance Ed Torres 714 593-7080 etorres ocsd.com 02/27/13 Steering Committee Agenda Page 3 of 3 Glossary of Terms and Abbreviations AQMD Air Quality Management District ASCE American Society of Civil Engineers BOO 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) 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 OOBS 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 SARI Santa Ana River Inceptor SARWQCB Santa Ana Regional Water Quality Control Board Glossary of Terms and Abbreviations 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. 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. Contaminants of Potential Concern (CPC) — Pharmaceuticals, hormones, and other organic wastewater contaminants. Dilution to Threshold (DR) — the dilution at which the majority of the people detect the odor becomes the D(f for that air sample. Glossary of Terms and Abbreviations 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. NOMA— 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. 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. STEERING COMMITTEE Needog Date TOBd.Of Dir. OV27113 02/27/13 AGENDA REPORT Item Number Item Number z Orange County Sanitation District FROM: Troy Edgar, Board Chair Originator: Jeff Reed, Director of Human Resources SUBJECT: APPOINTMENT OF JAMES D. HERBERG TO THE POSITION OF GENERAL MANAGER; APPROVAL OF AN AT-WILL EMPLOYMENT AGREEMENT ON BEHALF OF THE BOARD OF DIRECTORS WITH GENERAL MANAGER, JAMES D. HERBERG; AUTHORIZATION OF THE BOARD CHAIR TO EXECUTE THE AT- WILL EMPLOYMENT AGREEMENT; AND AUTHORIZATION OF THE BOARD CHAIR TO PROVIDE NOTICE OF TERMINATION OF EMPLOYMENT TO GENERAL MANAGER JAMES RUTH. BOARD CHAIR'S RECOMMENDATION Recommend that the Board of Directors: A. Adopt Resolution No. OCSD 13-XX appointing James D. Herberg ("Mr. Herberg") to the position of General Manager for the Orange County Sanitation District ("OCSD"); B. Approve the At-Will Employment Agreement, attached hereto, with Mr. Herberg specifying terms and conditions of employment for General Manager services beginning April 1, 2013; C. Authorize the Board Chair to execute the At-Will Employment Agreement, attached hereto; and D. Authorize the Board Chair to provide a notice of termination of employment to General Manager James D. Ruth effective April 1, 2013, consistent with the OCSD General Manager Transition Plan and as required pursuant to Mr. Ruth's At-Will Employment Agreement. SUMMARY Pursuant to the OCSD General Manager Transition Plan, the employment of James D. Ruth ("Mr. Ruth") as the General Manager of OCSD was planned to terminate as of April 1, 2013. Mr. Herberg, who currently serves as one of OCSD's Assistant General Managers, has been recommended for appointment to the General Manager position, and has agreed to serve as General Manager beginning April 1, 2013, pending Board action. A proposed resolution for this appointment and related at-will employment agreement is enclosed. Page 1 of 3 911576.1 PRIOR COMMITTEE/BOARD ACTIONS October 24, 2001 — Board Resolution No. 01-21 approving base salary and benefits package (not to exceed 38% of base salary) plus merit opportunity for the General Manager. April 28, 2004 — Board approval for the Chair to directly negotiate terms and conditions of a contract amendment with the General Manager and requirement to report those results to the Steering Committee. April 25, 2012 — Steering Committee report of the General Manager's Transition Plan with a completion date of April 1, 2013. September 26, 2012 — Steering Committee receipt and filing of the General Manager Transition Plan. Mr. Herberg identified as successor General Manager, effective April 1, 2013, the departure date of OCSD's current General Manager, Mr. Ruth. The report also provided information about the active recruitment of a Director of Engineering. ADDITIONAL INFORMATION OCSD's Beyond 2012 Reorganization Plan, adopted by the Board in mid-2010, recognized the need for a General Manager succession plan. The plan included the appointment of a second Assistant General Manager, which allowed for an additional potential internal candidate for General Manager. Mr. Herberg, Director of Engineering, was selected through the recruitment process as the second Assistant General Manager, effective February 1, 2011. Mr. Herberg agreed to continue to perform Director of Engineering duties while assuming the responsibilities of Assistant General Manager until a replacement could be found for the Director of Engineering position. At the September 2012 Board meeting, it was announced that Mr. Herberg would be the recommended successor General Manager effective April 1, 2013. In the meantime, Mr. Herberg would continue to perform the duties of Assistant General Manager/Director of Engineering. In December 2012, the recruitment for Director of Engineering was concluded. The selected candidate, Nicolas Kanetis ("Mr. Kanetis"), began employment on January 21, 2013, which allowed Mr. Herberg to transition Director of Engineering responsibilities to Mr. Kanetis before assuming the General Manager position on April 1, 2013, pending Board approval. The proposed At-Will Employment Agreement with Mr. Herberg, which is included herein as an attachment, specifies a proposed annual base salary of $215,000, which is within the set salary range for the General Manager classification. This proposed annual base salary is a 13% increase from Mr. Herberg's current salary of $190,590 as Assistant General Manager, and is 10% higher than the next highest paid subordinate's salary. Pursuant to Resolution No. 01-21, adopted in October of 2001, the Board provided a benefit package for the General Manager valued in an amount not to exceed Page 2 of 3 911576.1 38% of the General Manager's base salary. In lieu of selecting from a variety of different benefit options, Mr. Herberg has elected a fixed benefits package, which is 34% of Mr. Herberg's proposed base salary ($215,000). The funds for the compensation and benefit package of the General Manager are derived from the OCSD Operating Budget and have been included in the FY 2012-13 and 2013-14 adopted budgets. CEQA N/A BUDGET / DELEGATION OF AUTHORITY COMPLIANCE N/A ATTACHMENTS The following attachments may be viewed online at the OCSD website (wwwocsd.coml with the complete agenda package and attachments: • Attachment A: Proposed OCSD Resolution No. 13-XX • Attachment B: Proposed At-Will Employment Agreement • Attachment C: OCSD General Manager Transition Plan Page 3 of 3 911576.1 Return to Agenda Report RESOLUTION NO. 13-XX A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ORANGE COUNTY SANITATION DISTRICT APPOINTING JAMES D. HERBERG TO THE POSITION OF GENERAL MANAGER FOR THE ORANGE COUNTY SANITATION DISTRICT AND AUTHORIZING THE CHAIR OF THE BOARD OF DIRECTORS TO ENTER INTO AN AT- WILL EMPLOYMENT AGREEMENT EFFECTIVE APRIL 1, 2013 WHEREAS, in mid-2010, the Board of Directors ("Board")of the Orange County Sanitation District("OCSD" or"District")adopted OCSD's Beyond 2012 Reorganization Plan, which recognized the need for a General Manager succession plan and recommended the appointment of a second Assistant General Manager, which would allow for an additional potential internal candidate for General Manager; and WHEREAS, through the Assistant General Manager recruitment process, James D. Herberg ("Mr. Herberg"), Director of Engineering, was selected as a second Assistant General Manager, effective February 1, 2011; and WHEREAS, at the September 2012 Board meeting, Mr. Herberg was announced as the successor General Manager with a proposed effective date of April 1, 2013; and WHEREAS, effective April 1, 2013, Mr. Ruth's employment as OCSD's General Manager will terminate; and WHEREAS, the Board of Directors of the OCSD desires to appoint Mr. Herberg to serve as General Manager beginning April 1, 2013; and WHEREAS, in October 2001, the Board adopted Resolution No. OCSD 01-21 providing benefits for the General Manager with a cap of 38% of base salary consisting of benefit items selected by the General Manager from the benefits otherwise provided to any management employee; and WHEREAS, on February 27, 2013, staff presented a proposed At-Will Employment Agreement by and between Mr. Herberg and the District; and WHEREAS, Mr. Herberg has elected a fixed benefits package instead of selecting from a variety of different benefit options, which is less than 38%of his base salary, as set forth in the At-Will Employment Agreement; and WHEREAS, the funds for the compensation and benefit package of the General Manager are derived from the OCSD Operating Budget and have been included in the FY 2012-13 and 2013-14 adopted budgets. NOW, THEREFORE, in consideration thereof, the Board of Directors of the Orange County Sanitation District, does hereby resolve declare, determine and order as follows: Section 1. James D. Herberg is hereby appointed to the position of General Manager of the Orange County Sanitation District effective April 1, 2013, to serve at the will of the Board. Section 2. The At-Will Employment Agreement between Mr. Herberg and the District, as presented at the February 27, 2013, Board Meeting is hereby approved. 911578.1 Return to Agenda Report Section 3. The Chair of the Board is authorized to execute the approved At-Will Employment Agreement with Mr. Herberg effective April 1, 2013, for General Manager services, consistent with this Resolution, on behalf of the District. PASSED AND ADOPTED at a regular meeting held February 27, 2013. Troy Edgar, Chair ATTEST: Clerk of the Board 911578.1 Return to Agenda Report C�p AT-WILL EMPLOYMENT AGREEMENT James D. Herberg General Manager ORANGE COUNTY SANITATION DISTRICT THIS AT-WILL EMPLOYMENT AGREEMENT ("Agreement") is made and entered into, to be effective the 1st day of April, 2013, by and between: ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to as "District"; AND JAMES D. HERBERG, sometimes hereinafter referred to as "General Manager". RECITALS WHEREAS, District desires to employ James D. Herberg ("Mr. Herberg"), as General Manager of District, pursuant to the terms and conditions as set forth in this Agreement; and WHEREAS, Mr. Herberg, by virtue of his education, training and experience, is fully qualified to fill the position of General Manager and desires to continue to serve the District as its General Manager, pursuant to the terms and conditions of this Agreement; and WHEREAS, per Resolution No. 13-XX adopted on February 27, 2013, the District's Board of Directors has approved and authorized the Board Chair to execute this "At-Will Employment Agreement"with Mr. Herberg for General Manager services. NOW, THEREFORE, the Parties hereto agree as follows: Section 1: District hereby employs Mr. Herberg to serve as General Manager of the t 911590.1 Return to Agenda Report Orange County Sanitation District, commencing on the effective date hereof, and continuing until termination by either Party, as provided in this Agreement. In that capacity, Mr. Herberg agrees to perform the functions and duties of General Manager, the administrative head of the District, as prescribed by the laws of the State of California, and by the rules, regulations, decisions, and directions of the Board of Directors of District (hereinafter referred to as "Board"). The General Manager's duties may involve expenditures of time in excess of the regularly established workday or in excess of a forty hour work week and may also include time outside normal office hours (including attendance at Board and Committee meetings). General Manager is classified as an exempt employee under the Fair Labor Standards Act ("FLSA") and shall not be entitled to any additional compensation for hours worked in excess of forty in a work week. Section 2: Mr. Herberg shall be employed in an "at-will" capacity serving at the sole pleasure of the Board. Either party to this Agreement may terminate the Agreement at any time for any reason with or without cause, and without hearing, upon 30 days' notice to the other party. Mr. Herberg is advised and acknowledges that he has none of the termination rights of a Regular employee of the District. Except as expressly provided herein, and as a condition of employment, Mr. Herberg knowingly, willingly and voluntarily gives up, waives, and disclaims any and all rights he may have, express or implied, to any notice and/or hearing before or after termination, and/or to any continued employment with the District after termination. As an "at-will" employee, Mr. Herberg understands that he may be subject to termination with or without cause at the sole discretion of the Board, notwithstanding that the other provisions of the District's Personnel Policies and Procedures Manual (hereinafter referred to as "Manual") apply to Mr. Herberg. If employment should be terminated without cause, Mr. Herberg shall be given a thirty (30) day Notice of Termination and severance pay in an amount equal to six (6) months of his then current annual base salary. If the District terminates this Agreement (thereby terminating Mr. Herberg's employment) without cause, the severance pay is considered a rash settlement related to the termination of Mr. Herberg and shall therefore be fully reimbursed to the District by Mr. Herberg if Mr. Herberg is convicted of a crime involving an abuse of his office or position. Abuse of office or position shall have the meaning set forth in Government Code 53243.4, as may be amended, of either (1) an abuse of public authority, including, but not limited to, waste, fraud, and violation of the z 911590.1 Return to Agenda Report law under color of authority or (2) a crime against public justice, including, but, not limited to, a crime described in Title 7 (commencing with Section 92 of Part 1 of the Penal Code). Mr. Herberg shall reimburse such severance pay to the District no later than six months after such conviction. If Mr. Herberg terminates his employment with 30 days' notice, the Board shall have the right to accept his resignation effective the date notice is given. Such decision to accept his resignation earlier shall not be considered a termination without cause and shall not entitle Mr. Herberg to receive the severance pay noted above. Section 3: The term of this Agreement shall commence on the effective date above and continue for an indefinite duration, until terminated by either Party pursuant to Section 2 above, or unless terminated or amended as provided herein. Section 4: As compensation for the services to be performed hereunder, upon the effective date, District agrees to pay General Manager an annual base salary for services rendered of Two Hundred Fifteen Thousand Dollars ($215,000), subject to all applicable deductions and withholdings of any and all sums required by then current state, federal or local law, along with deductions of applicable sums the General Manager is obligated to pay because of participation in plans and programs described in this Agreement, and paid biweekly in accordance with the District's established accounting and payroll practices at the same time and in the same manner as other employees of the District. No increase in salary may exceed the compensation permitted by the applicable salary range for the classification established by duly adopted Resolution of the Board. Section 5: For the period of this Agreement, District shall provide Mr. Herberg with a fixed benefit package that includes the following: • Personal Leave - 200 hours per fiscal year, earned on a biweekly fiscal year basis, which is eligible for annual cash out in accordance with the Manual. • Investment Incentive Salary (IIS) - 5% of base salary applied on a biweekly fiscal year basis. • Deferred Compensation - OCSD-paid annual allocation for 2013 of $5,000 allocated on a biweekly calendar year basis. Mr. Herberg's benefit package shall also include benefits consistent with the Manual for: holiday pay; medical, dental, vision and life insurance; long-term and short-term disability insurance; and employee assistance program. Additionally, Mr. Herberg's benefit package shall 3 911590.1 Return to Agenda Report include executive disability insurance benefits, consistent with those provided to OCSD managers. These benefits shall remain in full force and effect unless and until replaced by an amendment to this Agreement, signed by Mr. Herberg and approved by the Board, which amendment shall include the effective date thereof. Section 6: District's Steering Committee shall meet with General Manager in August of each year during the term of this Agreement to review and evaluate his performance over the prior year. The Steering Committee shall make its recommendation(s) to the Board concerning adjustment to the compensation and/or benefits paid or provided to General Manager, to be effective in July of the year of review. After consideration of the recommendation(s) of the Steering Committee, the Board shall determine and approve the compensation, including benefits, payable to General Manager, which generally becomes effective July of the fiscal year of the review. Failure of the District to review and evaluate the performance of the General Manager pursuant to this section shall not affect the right of the District to terminate the General Manager's employment and shall not be considered a breach of this Agreement. Section 7: Mr. Herberg shall be a Participant Member in the Orange County Employees Retirement System ("OCERS"). District shall pay the required employer's contribution, and 0% of Mr. Herberg's required contribution towards membership in OCERS. The amount of the required employer's contribution will not be included within the maximum limits of the benefits package, as set forth in Section 7 above. Section 8: District shall reimburse General Manager for all expenses paid by him and incurred for non-personal,job-related District business that are reasonably necessary to the General Manager's service to the District. The District agrees to either pay such expenses in advance or to reimburse the expenses, so long as the expenses are incurred and submitted according to the criteria established by District's budget and/or normal expense reimbursement procedures pursuant to applicable policy Resolutions. To be eligible for reimbursement, all expenses must be supported by documentation meeting the District's policies and requirements and must be submitted within time limits established by the District. Such reimbursement shall not be considered a benefit. Section 9: During the period of this Agreement, it is agreed that General Manager shall devote his full-time, skills, labor and attention to said employment. At no time may General a 911590.1 Return to Agenda Report Manager undertake outside activities consisting of consultant work, speaking engagements, writing, lecturing, or other similar professional activities for money or other consideration without prior approval of District's Steering Committee. However, the expenditure of reasonable amounts of time for educational, charitable, or professional activities shall not be deemed a breach of this Agreement if those activities do not conflict or materially interfere with the services required under this Agreement, and shall not require the prior written consent of the Steering Committee. This Agreement shall not be interpreted to prohibit General Manager from making passive personal investments or conducting private business affairs, provided those activities are not deemed to be a conflict of interest by state law nor do they conflict or materially interfere with the services required under this Agreement. Section 10: Because General Manager is an at-will employee, the District is not obligated to pay General Manager pending an investigation into any alleged misconduct by the General Manager. Notwithstanding the foregoing, in the event that the District's Board determines, in its sole discretion, that it is in the best interest of the District for General Manager to be placed on paid administrative leave pending such an investigation, General Manager shall fully reimburse any salary provided for that purpose if the misconduct for which the General Manager was under investigation results in the General Manager being convicted of a crime involving an abuse of his office or position as defined in Section 2 of this Agreement. General Manager shall reimburse such salary to the District no later than six months after such conviction. Section 11: In the event that the District provides funds for the legal criminal defense of General Manager, General Manager shall fully reimburse said funds to the District if the General Manager is convicted of a crime involving an abuse of his/her office or position as defined in Section 2 of this Agreement. General Manager shall reimburse such criminal legal defense fees to the District no later than six months after such conviction. Section 12: The terms and conditions of employment for General Manager, including other employment benefits for the General Manager that are not specifically provided for in this Agreement, shall be governed by the Manual, to the extent that amendments to the Manual made after the effective date of this Agreement are not inconsistent with the provisions of this Agreement. In the event of any such inconsistency or conflict, the provisions of this Agreement 5 911590.1 Return to Agenda Report shall govern. Section 13: This Agreement supersedes any and all other prior agreements, either oral or in writing, and specifically, but not limited to, Mr. Herberg's At Will Employment Agreement for Assistant General Manager dated January 25, 2012, between the Parties hereto with respect to the employment of Mr. Herberg by District, and contains all of the covenants and agreements between the Parties with respect to that employment in any manner whatsoever. Each Party to this Agreement acknowledges that no representation, inducement, promise, or agreement, orally or otherwise, has been made by any Party, or anyone acting on behalf of any Party, which is not embodied herein, and that no other agreement, statement, or promise not contained in this Agreement or Employment shall be valid or binding on either Party. Section 14: Any notices to be given hereunder by either Party to the other shall be in writing and may be transmitted by personal delivery, or by mail, registered or certified, postage prepaid, with return receipt requested. Mailed notices shall be addressed to the Parties at the addresses maintained in the personnel records of District, but each Party may change that address by written notice in accordance with this Section. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of the date of mailing. Section 15: Any modifications of this Agreement will be effective only if set forth in writing and signed by the Parties. Section 16: The failure of either Party to insist on strict compliance with any of the terms, covenants, or conditions of this Agreement by the other Party, shall not be deemed a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times. Section 17: If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way. Section 18: This Agreement shall be governed by and construed in accordance with the laws of the State of California and all applicable ordinances, policies and resolutions. Section 19: General Manager acknowledges that he has had the opportunity and has e 911590.1 Return to Agenda Report conducted an independent review of the financial and legal effects of this Agreement. General Manager acknowledges that he has made an independent judgment upon the financial and legal effects of the Agreement and has not relied upon representation of the District, its elected or appointed officers and officials, agents or employees other than those expressly set forth in this Agreement. General Manager acknowledges that he has been advised to obtain, and has availed himself of, legal advice with respect to the terms and provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this At-Will Employment Agreement on the day and year first above written. "DISTRICT" ORANGE COUNTY SANITATION DISTRICT "GENERAL MANAGER" By. James D. Herberg APPROVED AS TO FORM: "CHAIR, BOARD OF DIRECTORS" BRADLEY R. HOGIN GENERAL COUNSEL By: Bradley R. Hogin Troy Edgar 911590.1 Return to Agenda Report STEERING COMMITTEE Meeting Date I To Bd.of Dir. 04,25,12 AGENDA REPORT Item Number Item Number s Orange County Sanitation District FROM: Larry R. Crandall, Board Chair SUBJECT: General Manager Transition Plan STEERING COMMITTEE'S RECOMMENDATION Receive and file OCSD General Manager Transition Plan SUMMARY Completing the execution of the organization succession plan has been very important to OCSD and its Board of Directors. One of the most important pieces to this plan was to ensure the long-term organization stability within the key role of the General Manager position. The Steering Committee has developed the General Manager Transition Plan below. We have established the following Milestones to complete the Transition readiness: Apr 30, 2012 Director of Engineering (DOE)— Internal Candidate Review Jul 1, 2012 DOE Internal Candidate—Go/ No Go Oct 1, 2012 Go 4 Move forward with the Internal Candidate and begin 90-day Transition Plan — OR— No Go + Begin 90-day external recruitment Jan 1, 2013 Go + Internal Candidate is in place serving as DOE and 90-day stabilization period begins Mar 1, 2013 Decision on union negotiation consulting assistance finalized and union negotiations begin Apr 1, 2013 General Manager Transition Plan completed In summary, we believe this Transition Plan identifies any constraints that could affect the General Manager transition. Pending litigation should also be evaluated to see if there are any significant technical management dependencies that would have an impact. PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION This outlined plan is not an edict, but rather serves as a plan that will require further refinement pending collaborative discussion on other pending issues. Page 1 of 2 Return to Agenda Report CEQA N/A BUDGET/ DELEGATION OF AUTHORITY COMPLIANCE N/A ATTACHMENTS None Page 2 of 2 STEERING COMMITTEE meeting Date TOBd.of W. OV27113 02/27/13 AGENDA REPORT em Number Item Number 3 Orange County Sanitation District FROM: Nick Kanetis, Director of Engineering Originator: Michael Gold, Public Affairs Manager SUBJECT: 2013 LEGISLATIVE PLATFORM AND GOALS GENERAL MANAGER'S RECOMMENDATION Adopt the 2013 Legislative Platform and Goals. SUMMARY At last month's Steering Committee, staff presented the draft 2013 Legislative Platform and Goals, and the Committee provided direction and suggestions to staff regarding the program's direction this year. Staff modified the Platform based on the January 23 discussion. PRIOR COMMITTEE/BOARD ACTIONS Legislative Platform adopted by the Board of Directors, March, 2012. ADDITIONAL INFORMATION Attached to this report is the 2013 Legislative Platform for your consideration. This document guides staff in taking positions on legislation in Sacramento and Washington, D.C. so we can act quickly, when necessary. All bills being tracked by staff are listed in a matrix that is included in the monthly Legislative Report to the Steering Committee. When a bill is controversial or requires additional attention, staff will report these out to the Steering Committee for information or direction. Follow-up to last month's meeting At the January Steering Committee, Members provided input and suggestions to the goals for the year and directed staff to develop ideas for legislative proposals. As a result, staff modified the goals as follows: • Federal Goals • Actively work with CASA in support of their Federal Legislative program and goals; • Work with Congress and the EPA on the Sunshine on Conflicts Act to ensure passage or implement rule changes; Page 1 of 3 • Work with Congress on legislative and regulatory changes related to the Clean Water Act, including pursuing extended NPDES permit terms; • Seek Federal Funding for projects, including infrastructure funding, ecosystem restoration and alternative energy projects. • State Goals • Support legislative proposals that streamline environmental regulations, reduce Orange County Sanitation District's (OCSD) costs, and support policy directions of the Steering Committee, including taking an active role in CEQA reform; • Aggressively protect local property taxes through ongoing meetings and outreach to legislative staff locally and in Sacramento; • Protect OCSD's interests in reducing pension costs as the State Legislature considers clean-up legislation to the Public Employee Pension Act of 2012; • Seek state funding through grants and report progress to the Steering Committee. The modified goals reflect a more active legislative program, including regular meetings with legislative staff locally and in Sacramento, as well as taking a prominent role in CEQA and pension reform. In addition to these goals staff will: • Have regular meetings and conference calls with legislative advocates to discuss pending issues and priorities (through the end of the current contract term); • Receive monthly written reports from advocates (through the end of the current contract term); • Schedule regular meetings with legislative staff to brief them on OCSD's projects and priorities; • As directed, coordinate trips to Sacramento and Washington, D.C. for Board Members to meet with legislators. Also following the meeting, staff met (or will meet) with the Managers' Team and the Executive Management Team to get their ideas for policy changes that would benefit OCSD. Staff will report these ideas in March. Staff is requesting adoption of the 2013 Legislative Platform. Page 2 of 3 2012 Accomplishments Last year, staff met with all the members of the Orange County State delegation to discuss OCSD's property taxes and how important they are to our operations. We effectively communicated this importance and protected OCSD's property taxes through the budget process. We also discussed pension reform with legislators and let them know how we were one of the first agencies to implement a two-tier pension system across the board and how OCSD has been a leader in trimming costs. OCSD was also involved in a bill related to bio-cremation and worked with CASA and others to provide valuable information that allowed the bill to move forward. The bill, however, died in the Senate. We were also actively involved in a bill dealing with communicating to the regional water boards. In exchange for dropping the bill, the State Water Resources Control Board changed their own rules to allow for more open communication with Board members. At the Federal level, we worked with CASA and Congressman Miller to advance the Sunshine on Conflicts Act, to more effectively deal with appointments to regional water boards. This bill was the result of meetings in DC attended by the Chair and Vice Chair. We also put pressure on EPA to resolve this issue through the rule-making process. This bill has returned this year with Congressman Miller as its author. CEQA N/A BUDGET/DELEGATION OF AUTHORITY COMPLIANCE N/A ATTACHMENTS The following attachment(s) are provided in hard copy and may also be viewed on-line at the OCSD website(www.ocsd.com) with the complete agenda package: 2013 Legislative Platform (10 pages) MG:JC:jb:gc Page 3 of 3 ReportReturn to Agenda w. � W Orange County Sanitation District 2013 Legislative We're here for you. Platform Orange county sanitation District Return to Agenda Report 2013 Legislative Platform Legislative Affairs Team OCSD Staff Michael Gold Ph: (714)593-7529 mgold@ocsd.com Public Affairs Manager Cell: (714)552-3801 Federal Lobbying Team (current contract through June 2013) Eric Sapirstein (202)466-3755 esap@ ENS Resources ensresources.com Sacramento Lobbying Team (current contract through June 2013) Townsend Public Affairs Christopher Townsend (949)399-9050 ctownsend@ TownsendPA.com Heather Stratman (949)399-9050 hstratman@ TownsendPA.com 1 Originally Adopted December,2005 January 2013 Return to Agenda Report Orange County Sanitation District 2013 Legislative Platform Introduction The Orange County Sanitation District(OCSD) recognizes the need for an active State and Federal legislative advocacy program to ensure the interests of the ratepayer and Board of Directors are protected.Towards that end,the legislative affairs 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 Platform,which is a summary of goals, key issues and OCSD's policy position.The following legislative policies have been developed by OCSD staff and legislative advocates in consideration of OCSD service area cities'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 Platform is a dynamic document,adopted annually and changing to the needs of the Board. The legislative affairs team, in conjunction with the Board, may take appropriate action consistent with the Legislative Platform,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 the District,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(OCWD, MWDOC,etc.)as well as State Agencies such as California Association of Sanitation Agencies(CASA),the California Special Districts Association (CSDA)and the Association of California Water Agencies(ACWA). 2. For those bills that are being tracked where there is clear policy direction stated in the Board- adopted Legislative Platform or adopted goals,staff can send letters and give direction to the lobbyists(while under contract)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 signature stamp,so long as a clear policy direction exists. 4. A summary of bills being tracked will be presented to the Steering Committee monthly. 5. When a bill does not fall within the scope of the Legislative Platform or is a politically controversial issue,staff will seek direction from the Steering Committee. 6. If a bill does not fall within the scope of the Legislative Platform, 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 Steering Committee of such action at the next regularly scheduled meeting. 2 Originally Adopted December,2005 January 2013 Orange County Sanitation District Return to Agenda Report 2013 Legislative Platform Legislative Goals for 2013 • Federal Goals o Actively work with CASA in support of their Federal Legislative program and goals. o Work with Congress and the EPA on the Sunshine on Conflicts Act to ensure passage or implement rule changes. o Work with Congress on legislative and regulatory changes related to the Clean Water Act, including pursuing extended NPDES permit terms. o Seek Federal Funding for projects,including infrastructure funding,ecosystem restoration and alternative energy projects. • State Goals o Support legislative proposals that streamline environmental regulations,reduce OCSD's costs and support policy directions of the Steering Committee, including taking an active role in CEQA reform. o Aggressively protect local property taxes through ongoing meetings and outreach to legislative staff locally and in Sacramento. o Protect OCSD's interests in reducing pension costs as Sacramento considers clean-up legislation to the Public Employee Pension Act of 2012. o Seek state funding through grants and report progress to the Steering Committee. Federal and State 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 the district 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 of the 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. 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. 3 Originally Adopted December,2005 January 2013 Orange County Sanitation District Return to Agenda Report 2013 Legislative Platform 2. eiosolids:OCSD strives to beneficially use biosolids through multiple management options performed at reasonable costs that are protective of public health and the environment. a. Support legislation that supports the use of biosolids as on non-food production agricultural lands. b. Support policies that encourage biosolids product use by horticulture and retail consumers. c. Oppose legislation that bans the use of biosolids for land application in any region, county,or state. d. Support science-based legislation that establishes a state-wide regulatory system for biosolids management. 3. Grant Funding:OCSD is committed to offsetting its research,special projects and wastewater infrastructure project and construction costs by obtaining funding through grants and cooperative agreements. 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,water conservation,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. a. Support measures to reform current workers compensation formulas to rely on higher thresholds for compensation or 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. 4 Originally Adopted December,2005 January 2013 Return to Agenda Report Orange County Sanitation District 2013 Legislative Platform 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. h. 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'(SLAG)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. 7. Public Works:OCSD is committed to the achievement of effective and efficient projects that provide 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 5 Originally Adopted December,2005 January 2013 Return to Agenda Report Orange County Sanitation District 2013 Legislative Platform 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 weak 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. 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. 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. 6 Originally Adopted December,2005 January 2013 Return to Agenda Report Orange County Sanitation District 2013 Legislative Platform 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(generally) measures to increase water supply and improve water quality in the region. b. Support measures that would increase funding for water reuse technologies, including support forthe Groundwater Replenishment System project by the Orange County Water District and OCSD to create new water supplies through recycling. c. Support U.S.Army Corps of Engineers projects for Orange County regarding watershed and water quality protection and sand replenishment. d. Support measures that promote and provide for the use of reclaimed water. e. 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. f. 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. g. Support measures to evaluate water quality standards,as needed,to ensure the objectives are appropriately protecting the designated use. h. Support measures to develop a state-wide consistent policy for total maximum daily load(TMDL) listing and delisting. i. Support State General Fund subventions and Bond revenue to special districts for local and regional efforts that educate the public on urban runoff,which provide for long- term capital improvements(like storm drain diversions and filters),and encourage municipalities to implement Urban Runoff Best Management Practices atthe local level. j. Support legislation that would retain any Regional Board fines levied against a permit violator within the Region of the fine. k. Support legislation that provides"amnesty"from administrative civil liability(ACL)fines from Regional Boards for agencies participating in comprehensive watershed studies that will,when complete,address the problem that resulted in the ACL fine. I. Support efforts,including legislation,clarifying that Regional Water Quality Control Board rules that require spending funds are unfunded mandates. 7 Originally Adopted December,2005 January 2013 Orange County Sanitation District Return to Agenda Report 2013 Legislative Platform m. Support measures addressing non-point source pollution in order to protect our ocean water quality and provide funding to mitigate its effects. n. Support measures for alternative energy sources. o. Support efforts to reduce the toxic and non-reusable waste load. p. Support legislation and regulations that promote improved water use efficiency in construction of water efficient buildings and communities. q. 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. r. Support legislation that provides for groundwater management on a local level,with respect to coordination of programs, extraction and production rights, long-term protection and groundwater quality protection. s. Support legislation that provides for the development of the watershed approach, including watershed management plans and watershed based permitting. t. Oppose proposed environmental constraints on government agencies that would result in economic damage to the region while providing only minimal protections. u. Oppose efforts to make all NPDES permits the same.Requirements of other permits may be too onerous or not applicable. OCSD's permit should be tailored to the Orange County region and watershed. v. 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). w. Support measures supporting urban runoff studies and urban runoff reduction. x. Support Coastal Water Quality efforts 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. 8 Originally Adopted December,2005 January 2013 Return to Agenda Report � o •o i F H • ORANGE COUNTY SANITATION DISTRICT 10844 Ellis Avenue Fountain Valley, California 92708-7018 714.962.2411 www.ocsewers.com 1/13