Loading...
HomeMy WebLinkAbout07-28-2010 Steering Committee Agenda Packet AGENDA REGULAR MEETING OF THE STEERING COMMITTEE ORANGE COUNTY SANITATION DISTRICT WEDNESDAY, JULY 285 2010 AT 5:30 P.M. ADMINISTRATIVE OFFICE 10844 Ellis Avenue Fountain Valley, California 92708-7018 www.ocsd.com DECLARATION OF QUORUM PUBLIC COMMENTS REPORT OF COMMITTEE CHAIR REPORT OF GENERAL MANAGER • ...General Manager's FY 2010/11 Work Plan • ...Strategic Plan Performance Dashboard REPORT OF GENERAL COUNSEL ACTION ITEMS 1. Approve minutes of the June 23, 2010 Steering Committee meeting. 2. Recommend to the Board of Directors to revise the recommendation of the approved May 26, 2010 report regarding the Santa Ana River Interceptor Line Loan (SARI) and Repayment Agreement No. D07-042 with the Orange County Flood Control District (OCFCD) to allow for the release of $36,000,000, 30 days prior to the scheduled OCFCD Board hearing on contract award, with the remaining balance to be released 12 months later. July 28, 2010 INFORMATION ITEMS 3. Public Affairs Report (Gold) CLOSED SESSION During the course of conducting the business set forth on this agenda as a regular meeting of the Steering Committee, the Chair may convene the Committee in closed session to consider matters of pending real estate negotiations, pending or potential litigation, or personnel matters, pursuant to Government Code Sections 54956.8, 54956.9, 54957 or 54957.6, as noted. Reports relating to(a)purchase and sale of real property; (b)matters of pending or potential litigation; (c) employment actions or negotiations with employee representatives; or which are exempt from public disclosure under the California Public Records Act, may be reviewed by the Directors during a permitted closed session and are not available for public inspection. At such time as final actions are taken by the Board on any of these subjects, the minutes will reflect all required disclosures of information. Convene in closed session, if necessary. 4. CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54954.5 (f)) a. Agency Designated Representatives: James D. Ruth, General Manager; Robert Ghirelli, Assistant General Manager; Lorenzo Tyner, Director of Finance and Administrative Services; Jeff Reed, Human Resources and Employee Relations Manager; and Paul Loehr, Human Resources Supervisor. b. Employee Organizations: a) Peace Officers Council of California representing employees in the Professional Group and Supervisor Group. 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 August 25, 2010 at 5:30 p.m. July 28, 2010 Agenda Posting: In accordance with the requirements of California Government Code Section 54954.2,this agenda has been posted in the main lobby of the District's Administrative offices not less than 72 hours prior to the meeting date and time above. All 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 all, of the members of District's Board,are available for public inspection in the office of the Clerk of the Board,located at 10844 Ellis Avenue, Fountain Valley, California. Items Not Posted: In the event any matter not listed on this agenda is proposed to be submitted to the Committee for discussion and/or action, it will be done in compliance with Section 54954.2(b) as an emergency item or because there is a need to take immediate action,which need came to the attention of the Committee subsequent to the posting of agenda, or as set forth on a supplemental agenda posted in the manner as above, not less than 72 hours prior to the meeting date. Public Comments: Any member of the public may address the Steering Committee on specific agenda items or matters of general interest. As determined by the Chair, speakers may be deferred until the specific item is taken for discussion and remarks may be limited to three minutes. Matters of interest addressed by a member of the public and not listed on this agenda cannot have action taken by the Committee except as authorized by Section 54954.2(b). Consent Calendar: All matters placed on the consent calendar are considered as not requiring discussion or further explanation, and unless a particular item is requested to be removed from the consent calendar by a Director of staff member, there will be no separate discussion of these items. All items on the consent calendar will be enacted by one action approving all motions, and casting a unanimous ballot for resolutions included on the consent calendar. All items removed from the consent calendar shall be considered in the regular order of business. The Committee Chair will determine if any items are to be deleted from the consent calendar. Items Continued: Items may be continued from this meeting without further notice to a Committee meeting held within five (5) days of this meeting per Government Code Section 54954.2(b)(3). Meeting Adjournment: This meeting may be adjourned to a later time and items of business from this agenda may be considered at the later meeting by Order of Adjournment and Notice in accordance with Government Code Section 54955 (posted within 24 hours). Accommodations for the Disabled: The Board of Directors Meeting Room is 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. Notice to Committee Members: For any questions on the agenda or to place any items on the agenda, Committee members should contact the Committee Chair or Clerk of the Board ten days in advance of the Committee meeting. Committee Chair: Larry R. Crandall (714)593-4400 General Manager: James D. Ruth (714)593-7110 General Counsel: Brad Hogin (714)415-1006 Assoc. Clerk of the Board: Lilia Kovac (714)593-7124 E-mail: Ikovac(cDocsd.com STEERING COMMITTEE Meeting Date To Bd. of Dir. 07/28/10 07/28/10 AGENDA REPORT Item Number Item Number 2 7 Orange County Sanitation District FROM: James D. Ruth, General Manager Originator: Lorenzo Tyner, Director of Finance and Administrative Services GENERAL MANAGER'S RECOMMENDATION Revise the recommendation of the approved May 26, 2010 report regarding the Santa Ana River Interceptor Line Loan (SARI) and Repayment Agreement No. D07-042 with the Orange County Flood Control District (OCFCD) to allow for the release of funds 30 days prior to the scheduled OCFCD Board hearing on contract award, with the remaining balance to be released 12 months later. SUMMARY On May 26, 2010, the OCSD Board approved the Santa Ana River Interceptor Line Loan (SARI) and Repayment Agreement No. D07-042 with the Orange County Flood Control District (OCFCD), providing for: 1. A loan of up to 60% of the successful bid amount for improvements to the SARI Line not to exceed $72,000,000; 2. No interest accruing until June 30, 2018; 3. 3% interest on any unpaid balance through July 2022 and the complete repayment by July 1 , 2022; and, 4. Authorize the release of $36,000,000 to OCFCD immediately after the award of the contract, and to allow the remaining balance to be released 12 months later. However, as per the agreement, point 4 should have read: Authorize the release of $36,000,000 to OCFCD to allow for the release of funds 30 days prior to the scheduled OCFCD Board hearing on contract award, and to allow the remaining balance to be released 12 months later. Page 1 PRIOR COMMITTEE/BOARD ACTIONS May 26, 2010: Board approved the Santa Ana River Interceptor Line Loan (SARI) and Repayment Agreement No. D07-042 with the Orange County Flood Control District (OCFCD), providing for: 1. A loan of up to 60% of the successful bid amount for improvements to the SARI Line not to exceed $72,000,000; 2. No interest accruing until June 30, 2018; 3. 3% interest on any unpaid balance through July 2022 and the complete repayment by July 1, 2022; and, 4. Authorize the release of $36,000,000 to OCFCD immediately after the award of the contract, and to allow the remaining balance to be released 12 months later. June 2007: Board approved Santa Ana River Interceptor Line Loan and Repayment Agreement No. D07-42 with the Orange County Flood Control District (OCFCD) to provide a no-interest loan until 2018 (revised from 2016), of 60% of the total bid amount. April 2007: Board approved Santa Ana River Interceptor Line Loan and Repayment Agreement No. D07-42 with the Orange County Flood Control District (OCFCD) to provide a no interest loan until 2016, of 60% of the total bid amount. ADDITIONAL INFORMATION None. CEQA N/A BUDGET / DELEGATION OF AUTHORITY COMPLIANCE N/A Page 2 STEERING COMMITTEE Meeting Date To Bd.of Dir. 07/28/10 AGENDA REPORT Item Number Item Number 4 Orange County Sanitation District FROM: James D. Ruth, General Manager Originator: Michael Gold, Public Affairs GENERAL MANAGER'S RECOMMENDATION Information only SUMMARY This report is the monthly Public Affairs Division update that includes legislative and political information from Washington, D.C. and Sacramento, lobbyists' activities, and outreach education and communication programs to member cities, employees and the public. ADDITIONAL INFORMATION Federal Legislative Update Legislative Advocate: Eric Sapirstein, ENS Resources SARI Clarification Update Staff continues to work with Congressman Miller's office on the Water Resources Development Act (2007) SARI authorization and whether clarification is needed in an upcoming WRDA bill or not. Specifically, Miller's office has been communicating with the Army Corps of Engineers to determine if the language carried by Senator Feinstein is necessary. Staff will keep the Steering Committee updated on our progress as we work with the County and Congress on clarification. State Legislative Report Legislative Advocates: Christopher Townsend, Heather Dion and Casey Elliott, Townsend Public Affairs Legislators in Sacramento still continue to be in no hurry to pass a budget as the stalemate between the Governor, Democrats and Republicans continue. Unlike last year where the cash- flow crunch pushed legislators to pass interim measures and issue IOUs, the lack of a short- term crisis has meant a slower pace in Sacramento. The greatest evidence of the slow pace is that the "Big 5" legislative leaders —the Governor and the majority and minor leaders of both houses— have not met. The main issues are the same as they have been for years —the Democrats was tax increases, few service cuts and short-term borrowing while the Republicans want no tax increases and greater budget/service cuts and the Governor wants no borrowing. The Democrats supposedly have a unified plan but because it relies on extending taxes passed last year, additional increases and short-term borrowing, they do not have the 2/3 votes needed. Also, since this is an election year, no legislator is excited about making tough decisions on taxes or cuts particularly during this time of strong anti-incumbent feelings among voters. Form No.DW-102-1 Agenda Report—SC Revised:01/08/07 Page 1 Water Bond in Waiting Last month, we mentioned that the Governor had suggested pulling the proposed water bond off the November 2010 ballot until 2012 when the political climate might be more favorable. The Legislature would have to pull the bond measure and now this issue will probably become part of the budget negotiations. Public Affairs Report The Public Affairs team is finalizing our 2010 Strategic Plan with projects and goals for the coming year. The main focus of our efforts will be a three-year program focused on the expiration of the current rate structure in 2013, the completion of the secondary treatment upgrades in 2012 and unifying our messaging and materials. We are committed to a focused and strategic communications program that educates the public about wastewater and our mission to protect the environment and public health. Form No.DW-102-1 Agenda Report—SC Revised:01/08/07 Page 2 OCSD Legislative Matrix 7/16/2010 AB 2182 (Huffman D) Contractual assessments: onsite sewer and septic improvements. Current Text: Amended: 6/2/2010 Ddf htmi Introduced: 2/18/2010 Last Amend: 6/2/2010 Is Fiscal: N Location: 6/30/2010-S. L. GOV. 2Year Desk Policy Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead 1st House I 2nd House Conc. Summary: Existing law authorizes a legislative body of a public agency, as defined, to determine that it would be convenient and advantageous to designate an area within which authorized officials and free and willing property owners may enter into contractual assessments to finance the installation of distributed generation renewable energy sources or energy or water efficiency improvements that are permanently fixed to residential, commercial, industrial, agricultural, or other real property. This bill would expand these provisions to include contractual assessments to finance onsite sewer and septic improvements, as defined. The bill would permit onsite sewer and septic improvements to be installed to convert residential, commercial, industrial, agricultural, or other real property from an onsite septic system to community sewer collection service and to modify or replace existing onsite sewer and septic improvements. The bill would also permit these assessments to be used to replace or upgrade an existing septic system if specified requirements are met. Position AB 2256 (Huffman D) Product labeling: flushable products. Current Text: Amended: 6/1/2010 odf html Introduced: 2/18/2010 Last Amend: 6/1/2010 Is Fiscal: Y Location: 6/29/2010-S. E.Q. 2Year[R2skj Policy I Fiscal I Floor I Desk Polic Fiscal Floor I Conf. Enrolled Vetoed Chaptered Dead 1st House I 2nd House Conc. Summary: Existing law regulates the labeling requirements on various consumer products. This bill would prohibit, on or after January 1, 2012, a person from packaging or labeling a consumer product , as defined, for distribution or sale in California if that product is contained in a package, or has an affixed label, that states that the product is flushable, sewer and septic safe, or other like term or phrase unless the product meets specified criteria. The bill would require a person who has packaged or labeled a consumer product for distribution or sale in California that is labeled as flushable, sewer and septic safe, or other like term or phrase, to maintain, in written form, documentation of the testing substantiating the validity of the claim , except as specified . The bill would exempt certain retailers and wholesalers from these provisions. The bill would make violation of this provision punishable by a fine of up to $2,500. Position Support AB 2407 (Harkey R) California regional water quality control boards: boundaries. Current Text: Introduced: 2/19/2010 pdf html Introduced: 2/19/2010 Is Fiscal: Y Location: 4/23/2010-A. DEAD Desk F Policy Fiscal Floor I Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered 1st House 2nd House Conc. Summary: Under the Porter-Cologne Water Quality Control Act, the 9 California regional water quality control boards are among the principal state agencies that carry out responsibilities relating to water quality. The act prescribes the boundaries of each regional board. This bill would revise the description of the boundaries of the Santa Ana Regional Water Quality Control Board and the San Diego Regional Water Quality Control Board. Position SB 696 (Wright D) Child support: compromise of arrears. Current Text: Amended: 6/3/2010 Ddf html Introduced: 2/27/2009 Last Amend: 6/3/2010 Is Fiscal: Y Location: 7/2/2010-A. DEAD Desk Policy Fiscal Floor I Desk Policy Fiscal I Floor Conf. Enrolled Vetoed Chaptered 1st House I 2nd House I Conc. I Summary: Existing law establishes a statewide compromise of arrears program pursuant to which the Department of Child Support Services may accept offers in compromise of child support arrears and interest accrued thereon owed to the state for reimbursement of aid paid pursuant to the California Work Opportunity and Responsibility to Kids Act. An offer in compromise must be rescinded and any compromised liability reestablished unless there is a finding of good cause or a determination by the director that it is in the best interest of the state to do otherwise. Existing law provides that the acceptance of an offer in compromise is deemed to be in the best interest of the state with regard to arrears that accrued as a result of a decrease in income when an obligor was a reservist or member of the National Guard activated to United States military service, and failed to modify the support order to reflect the reduction in income. This bill would provide that acceptance of an offer in compromise is deemed to be in the best interest of the state with regard to arrears that accrued as a result of a decrease in income when the obligor failed to modify the support order to reflect the reduction in income when an obligor was a reservist or member of the National Guard activated to United States military service, when the obligor was incarcerated for more than 90 days and does not have other sources of income, when the obligor's sole income was based on specified forms of public assistance, or when the obligor was receiving inpatient services in a medical facility for more than 90 days and does not have other sources of income. Position Support SB 918 (Pavlev D) Water recycling. Current Text: Amended: 6/1/2010 edf html Introduced: 2/1/2010 Last Amend: 6/1/2010 Is Fiscal: Y Location: 6/30/2010-A. APPR. 2Year Dk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead ist House 2nd House Conc. es Summary: Existing law establishes the State Water Resources Control Board and the California regional water quality control boards as the principal state agencies with authority over matters relating to water quality. Existing law requires the State Department of Public Health to establish uniform statewide recycling criteria for each varying type of use for recycled water where the use involves the protection of public health. This bill would require the State Department of Public Health to adopt uniform water recycling criteria for indirect potable water reuse for groundwater recharge, as defined, by December 31, 2013 . The bill would require the department to develop and adopt uniform water recycling criteria for surface water augmentation, as defined, by December 31, 2016 , if a specified expert panel convened pursuant to the bill finds that the criteria would adequately protect public health . The bill would require the department to investigate the feasibility of developing uniform water recycling criteria for direct potable reuse and to provide a final report on that investigation to the Legislature by December 31, 2016. The bill, from July 1, 2011, to June 30, 2017, inclusive, would require funds generated by the imposition of specified liabilities for violations of water quality requirements to be made available, upon appropriation by the Legislature, to the department for purposes of developing and adopting the water recycling criteria . Position SB 1107 (Kehoe D) Water quality: interceptor and trap grease. Current Text: Amended: 5/24/2010 odf html Introduced: 2/17/2010 Last Amend: 5/24/2010 Is Fiscal: Y Location: 6/16/2010-A. AGRI. 2Year[Rnk Policy Fiscal Floor Desk Polic Fis cal Floor I Conf. Enrolled Vetoed Chaptered Dead 1st House 2nd House I Conc. Summary: (1) Existing law regulates the transportation of inedible kitchen grease and requires the transporters of inedible kitchen grease to be registered and to pay specified fees. The State Water Resources Control Board is among the principal state agencies with authority relating to water quality. This bill would require the state board, on or before January 1, 2012, to develop, adopt, and implement regulations, that include specified requirements, for a manifest system to track the transportation of interceptor and trap grease. The bill would require the state board to impose a fee sufficient to cover the costs of implementing the act. The bill would require the state board to deposit all revenues from the fee in the Interceptor and Trap Grease Manifest Fund, which the bill would establish. The bill would authorize the board to expend moneys in the fund to implement the act, subject to appropriation for that purpose. The bill would define "interceptor and trap grease" to mean grease that is principally derived from food preparation, processing, or waste, and that is removed from a grease trap or grease interceptor. This bill contains other related provisions and other existing laws. Position