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HomeMy WebLinkAbout08-25-2010 Steering Committee Agenda Packet AGENDA REGULAR MEETING OF THE STEERING COMMITTEE ORANGE COUNTY SANITATION DISTRICT WEDNESDAY, AUGUST 25, 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 • Beyond 2012 ACTION ITEMS 1. Approve minutes of the July 28, 2010 Steering Committee meeting. INFORMATION ITEMS 2. Public Affairs Report (Gold) August 25, 2010 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. 3. a. CONFERENCE WITH LEGAL COUNSEL RE. ANTICIPATED LITIGATION (Government Code Section 54956.9(b),(c)) Significant Exposure to Litigation & Potential Litigation That the District May File Number of Potential Cases: 2 1) Relating to Project No. P2-66 2) Relating to Project No. 5-58 b. CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54954.5 (f)) 1) 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. 2) Employee Organizations: a) Peace Officers Council of California representing employees in the Professional Group and Supervisor Group. C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code Section 54957(b)(1)) Title: General Manager Reconvene in regular session Consideration of action, if any, on matters considered in closed session. August 25, 2010 OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY ADJOURNMENT The next Steering Committee meeting is scheduled for September 22, 2010 at 5:30 p.m. August 25, 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)593-7124 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. 08/25/10 AGENDA REPORT Item Number Item Number 2 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 During the past month, Congress continued to develop spending bills for fiscal year 2011 but despite their work, final action will not occur until after the November elections. Aside from spending legislation, the Senate attempted to pass climate change legislation but could not muster enough votes around a compromise. With the oil spill in the Gulf and other issues, many doubt Congress' ability to pass energy related legislation this year. For OCSD, this is a disappointment because most of the energy bills had funding programs of interest to the District. Fiscal Year 2011 Budget Process Representative Loretta Sanchez remained the sole supporter of the District's request for funding assistance in the House of Representatives. As has been reported before, all Republicans decided not to carry any funding requests; however, Sanchez was able to secure funding for the District as part of the EPA budget. The funding was just one of a handful of California projects approved by the committee, but final action on this funding request is likely to be delayed until after November. In the Senate, the situation remains unresolved because of disputes over unrelated budget priorities. Senator Dianne Feinstein, who serves as the chair of the EPA spending subcommittee, was unable to move markup legislation forward. Consequently, no decisions have been made on project funding requests, including OCSD's request for secondary treatment funding. Later this year, all funding decisions will be made through the conference committee process, so it will be important for us to work with Representative Sanchez to gain Senate support. Water Resources Development Act (WRDA) The effort to renew WRDA received a boost on July 29 when the House Committee on Transportation and Infrastructure marked up a WRDA bill. The current version is a limited measure that authorizes a series of studies and does not address infrastructure projects. Committee Chairman James Oberstar (D-MN) indicated that he intends to consider such projects prior to House floor debate. Form No.DW-102-1 Agenda Report—SC Revised:01/08/07 Page 1 The Senate Committee on Environment and Public Works Chairman Barbara Boxer and Ranking Republican James Inhofe (R-OK) continue to work on a draft Senate WRDA bill but it remains unclear when such a bill may be introduced. While it is possible that a bill could be finalized during August allowing for introduction in September, most think final action on WRDA will be held until next year. State Legislative Report Legislative Advocates: Christopher Townsend, Heather Dion and Casey Elliott, Townsend Public Affairs State Political Highlights Speaker Perez and Pro Tern Steinberg officially unveiled the Democrats' latest budget proposal this month that aims to revenue and spending through a combination of program cuts, increased revenues and tax reform. Perez and Steinberg said that the goal of this budget is to spare vulnerable Californians from the worst budget cuts, while at the same time promote economic growth and job creation. The main points of their proposal are: • Tax Reform —The tax reform proposal will likely be the main point of contention between the Democrats and Republicans. The proposal, in an effort to reduce the volatility in state tax collection, would raise the State income tax, as well as the Vehicle License Fee, on all Californians, while at the same time lowering the State sales tax by nearly half. The Speaker and Pro Tem, working with the Franchise Tax Board, have conducted modeling which shows that this proposal would lead to an overall reduction in the tax burden at all income levels (but not necessarily all individuals). Both of the taxes that the Democrats propose to increase, the State income tax and VLF, can be used as deductions on federal income taxes, thereby lessening their impact on Californians that itemize their federal tax returns. This plan works for the State budget because the actual tax increases would be paid to the State, but the deductions would be paid back to the taxpayer by the federal government, thereby allowing the State to collect an estimated $2 billion to $3 billion annually. • Delay in Corporate Tax Breaks—As part of last year's budget agreement, a law was passed which will modify the way that corporations can calculate their tax liability to the State. This corporate tax break is set to go into effect on January 1, 2011 and would likely cost the State $2 billion per year in lost corporate taxes. The Democrats' plan unveiled today calls for a two-year delay in the implementation of these tax breaks, thereby saving the State approximately $4 billion over the next two fiscal years. • Proposition 98 suspension —The Speaker and Pro Tern did acknowledge today that in order to balance the budget, the Proposition 98 minimum guarantee would need to be suspended. While they did not provide exact details, Perez and Steinberg did indicate that there would be provisions put into place to ensure that the loss in funding would be fully restored in the future. While many anticipated that a Prop 98 suspension would be necessary, this is the first budget this year to publically acknowledge that K-14 education would be receiving less funding than is mandated by law. • Realignment—While not all of the realignment proposed by Pro Tern Steinberg several weeks back was included in the Democrats' new proposal, some realignment of services was proposed. Specifically, the Pro Tern outlined a block grant program for counties whereby they will be given funds in order to house criminals convicted of"wobbler" offenses (crimes that can be pursued as either a felony or misdemeanor). Under this program, a county would receive funding for locally housing criminals convicted of Form No.DW-102-1 Agenda Report—SC Revised:01/08/07 Page 2 wobbler offenses, but would be required to forfeit the money back to the State if they chose to send the offenders to State prison. The proposal that the Democrats outlined today will now be sent to the Budget Conference Committee for further discussion. Water Bond Delayed As has been widely expected, the Legislature voted to delay the water bond until 2012. This means that the Legislature will have to rewrite the measure and with new legislators and a new governor, some fear nothing will get done. Specific Activities for the Month: • TPA arranged for and participated in meetings related to the Integrated Regional Water Management Plans (IRWMP)with members of the key funding committee. As has been reported before, OCSD has submitted applications to fund four projects through SAWPA and Proposition 84. TPA arranged meetings with Garry Brown of Orange County Coast Keepers and Mayor Beth Krom, Irvine. They key committee members will be making funding recommendations to the SAWPA Board of Directors. • TPA is monitoring, analyzing and providing feedback on legislation that is of interest to the District. • TPA is meeting monthly with OCSD staff to priority legislation and issues of significant to the District. Public Affairs Report We are pleased to present this year's Annual Report, "Changes Reaches Us All." This new summary of the past year's accomplishments not only demonstrates how OCSD has made changes throughout the year to adapt to the dynamic economy, but also how we are supporting our mission to protect public health and the environment. This document will be sent to all member agencies and will be used for adult tours over the next several months. With the recent salary scandal in Bell and many communities around California posting salary information on their websites, OCSD has posted the salary ranges for all positions on www.ocsd.com. On the main page, this is a link to the salary and benefit information. As many are aware, the League of California Cities and others are developing legislation requiring clear public disclosure; but we have decided to post this information in advance of any legislative requirements. An email was sent to all Board Members letting them know of this post At last month's meeting, the Steering Committee asked staff to pull together the statistics on access to the Director's web pages. Below are some charts showing the number of visitors to the site and how long Directors spend while there. Please note that only Board of Directors and staff have access to the pages; however, the data below does not include staff access to the Directors' web page. Form No.DW-102-1 Agenda Report—SC Revised:01/08/07 Page 3 Number of Visitors Average Time On Site (in seconds) Director's Web Page Director's Web Page Jan 46 Jan 524.848 Feb 31 Feb 681.387 Mar 22 Mar 433.955 Apr 13 Apr 487.308 May 23 May 472.087 Jun 25 Jun 656.8 Jul 22 Jul 498.045 Aug Aug Sep Sep Oct Oct Nov Nov Dec Dec Number of Visitors 60 40 :: :: is —g Director's Webb Page e 20 .:.:.:.:.:.:.11111111111 :.:.:.:.:.:.:.:.:.:.:.:.:.:...:.:.:.:.:.:...:.:.:. 0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Form No.DW-102-1 Agenda Report—SC Revised:01/08/07 Page 4 OCSD Legislative Matrix 8/12/2010 AB 2182 (Huffman D) Contractual assessments: onsite sewer and septic improvements. Current Text: Amended: 8/11/2010 ndf html Introduced: 2/18/2010 Last Amend: 8/11/2010 Is Fiscal: N Location: 8/12/2010-S. THIRD READING 2YealDeskj Policyl Fiscall Floorl Deskj Policyl Fiscaill Floor Conf. Enrolled Vetoed Chaptered Dead 1st House I 2nd House Conc. Calendar: 8/12/2010 #9 SENATE ASSEMBLY BILLS-SECOND READING FILE 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. The bill would also prohibit a public agency from permitting a property owner to participate in a contractual assessment program if the total amount of assessments and taxes on the property exceeds 5% of the property's appraised market value, as specified. The bill would require the preliminary report issued in connection with the contractual assessment program to include criteria for determining the creditworthiness of a property owner, as well as safeguards to be used to limit the total annual property tax and assessments on the property, as specified. Position AB 2256 (Huffman D) Product labeling: flushable products. Current Text: Amended: 6/1/2010 odf htmi Introduced: 2/18/2010 Last Amend: 6/1/2010 Is Fiscal: Y Location: 6/29/2010-S. E.Q. 2Year[21skl Policyl Fiscal I Floor Desk Polic Fiscal Floor Conf. rolledretoed Chaptered Dead 1st House I 2nd House I 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 odf html Introduced: 2/19/2010 Is Fiscal: Y Location: 4/23/2010-A. DEAD Desk I Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered 1st House I 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 (Wri ht D) Child support: compromise of arrears. Current Text: Amended: 6/3/2010 odf html Introduced: 2/27/2009 Last Amend: 6/3/2010 Is Fiscal: Y Location: 7/2/2010-A. DEAD Desk 1 Policy Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled Vetoed Chaptered 1st House I 2nd House Conc. 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 pdf html Introduced: 2/1/2010 Last Amend: 6/1/2010 Is Fiscal: Y Location: 8/5/2010-A. APPR. SUSPENSE FILE 2Year Desk I Policy I Fiscal I Floor I Desk I Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead 1st House I 2nd House Conc. Calendar: 8/12/2010 Upon adjournment of Session - State Capitol, Room 4202 ASSEMBLY APPROPRIATIONS SUSPENSE, FUENTES, Chair 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 k1 Policy I Fiscal I Floor I Desk Polic Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead 1st House 2nd House 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 Total Measures: 6 Total Tracking Forms: 6