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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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Originally Adopted December,2005
January 2013
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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.
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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.
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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
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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
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Originally Adopted December,2005
January 2013
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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
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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.
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Originally Adopted December,2005
January 2013
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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
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� o
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F H •
ORANGE COUNTY SANITATION DISTRICT
10844 Ellis Avenue
Fountain Valley, California 92708-7018
714.962.2411
www.ocsewers.com
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