HomeMy WebLinkAbout09-22-2010 Steering Committee Agenda Packet AGENDA
REGULAR MEETING OF THE STEERING COMMITTEE
ORANGE COUNTY SANITATION DISTRICT
WEDNESDAY, SEPTEMBER 22, 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
ACTION ITEMS
1. Approve minutes of the August 25, 2010 Steering Committee meeting.
INFORMATION ITEMS
2. 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.
September 22, 2010
Convene in closed session, if necessary.
3. a. CONFERENCE WITH LEGAL COUNSEL RE. INITIATION OF
LITIGATION (Government Code Section 54956.9(c))
Significant Exposure to Litigation and Potential Litigation That the District
May File
Number of Potential Cases: 1 re EnerTech
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.
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 October 27, 2010 at 5:30 p.m.
September 22, 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
Clerk of the Board: Donna Terrones (714)593-7130
E-mail: dterrones(a)ocsd.com
STEERING COMMITTEE Meeting Date To Bd. of Dir.
09/22/10
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
Legislative Update
September is typically a quiet month at the State and Federal Levels as the State Legislature
adjourned in late August and Congress is out until mid-September.
Nonetheless, the State Legislature wrapped up its 2009-10 session without a budget in place for
the second time since the 1990s and very little accomplished on other fronts.
On this final day of session, the legislature made a token attempt to pass a budget but without
the 2/3 support needed, most knew nothing would pass.
Aside from the budget, numerous other bills were debated and voted upon on the last day of
session. The legislature considered bills on a variety of subjects, including: plastic bag bans,
spaying and neutering of dogs and cats, health insurance rates, starting age for kindergarten,
and modifying horse racing wagering among others.
Getting lots of attention in Sacramento were the bills in response to the scandals in the City of
Bell. Ultimately, only a few bills passed, due mostly to partisan bickering and last minute
scrambling. Among the bills not passed was one that would have extended salary and benefit
disclosure requirements to state officials.
The Correa bill dealing with disclosure for cities, counties and specials districts also failed
passage but the State Controller has already requested this information for publication.
In Congress, with members getting back to work in mid-September not much has occurred.
However, as most observe, with a bitter election cycle all major policy discussions will be put off
until after November 2. The Federal budget will also be stalled until after the election, which
means any discussion of OCSD's appropriations requests will be wrapped up with the budget
discussions.
The monthly state legislative matrix is attached to this report.
Form No.DW-102-1 Agenda Report—SC
Revised:01/08/07
Page 1
Public Affairs Report
Last year, at the direction of the Chair and members of the Steering Committee, OCSD
inaugurated our first Honor Walk and recognized a former employee for outstanding
contributions to the District. As a result of the process last year (based on Steering Committee
input) the Public Affairs team is revamping the nomination and selection process to streamline
things and give people the opportunity to comment on the nominees. Like last year, when we
kick off the process later this year, we will accept nominations for both past Board Members and
past employees.
We are in the process of updating the Honor Walk nomination process but like last year, the
Steering Committee will select the finalist(s) to be recognized with an engraved brick. Staff will
be coming back to the Steering Committee later this year with the new nomination process.
On September 29, the Chair and Vice-Chair will be attending the annual OCSD VIP recognition
lunch. This is the event that recognizes the employee volunteers for giving their time outside of
work to things like tours, community events and speaking engagements.
Form No.DW-102-1 Agenda Report—SC
Revised:01/08/07
Page 2
OCSD Legislative Matrix
9/13/2010
AB 192 (Gatto D) Public retirement benefits: excess salaries.
Current Text: Amended: 8/20/2010 ndf html
Introduced: 2/2/2009
Last Amend: 8/20/2010
Is Fiscal: Y
Location: 8/31/2010-S. DEAD
Desk I Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered
1st House I 2nd House Conc.
Summary: The Public Employees' Retirement Law (PERL) creates the Public Employees' Retirement
System (PERS), which provides a defined benefit to its employees based on age at retirement, service
credit, and final or highest compensation paid to the employee. In the case of an employee who has
been employed by one or more contracting public agencies, retirement benefits distributed to that
employee is the obligation of all of contracting public agency employers and is prorated to each of the
contracting public agencies based upon the number of years that the employee worked for each of
those agencies. This bill would provide that the obligations for retirement benefits that are
attributable to excess compensation earned by a nonrepresented employee who was employed by
one or more public agencies shall be the sole obligation of the subsequent contracting agency that
paid the excess compensation. This bill would define "excess compensation" as the final compensation
of an employee of a contracting agency who previously worked for another contracting agency to the
extent the final compensation received from the current contracting agency is in excess of 15% of the
salary paid by the prior contracting agency, as adjusted for actuarial increases in that salary.
Position
AB 827 (De La Torre D) Local public employees.
Current Text: Enrollment: 8/31/2010 pdf html
Introduced: 2/26/2009
Last Amend: 8/27/2010
Is Fiscal: Y
Location: 8/31/2010-A. ENROLLMENT
2Yearl Deskl Pol&1 Fiscal I Flood Deski Policyl Fiscal I vioor c;or- Enrolled Vetoed Chaptered
Summary: The Meyers-Milias-Brown Act contains various provisions that govern collective bargaining
of local represented employees. The Ralph M. Brown Act requires that all meetings of a legislative
body of a local agency be open and public and all persons be permitted to attend unless a closed
session is authorized. Existing law requires all contracts of employment between an employee and a
local agency employer to include a provision which provides that regardless of the term of the
contract, if the contract is terminated, the maximum cash settlement that an employee may receive
shall be an amount equal to the monthly salary of the employee multiplied by the number of months
left on the unexpired term of the contract, with a maximum of 18 months. This bill would, on and after
January 1, 2011, additionally prohibit an employment contract for a local excluded employee, as
defined, from including any clause that provides for an automatic renewal, an automatic compensation
increase, as specified, or an automatic compensation increase in excess of a cost-of-living adjustment.
The bill would also require the local agency, as defined, to complete a performance review of any
excluded employee, as defined, before an increase in compensation in excess of a cost-of-living
adjustment may be implemented for that individual. The bill would also specify that those records,
procedures, and actions shall conform to the requirements of law, including, but not limited to, the
Public Records Act and the Ralph M. Brown Act . By expanding the duties of local officials, this bill would
impose a state-mandated local program. This bill contains other related provisions and other existing
laws.
Position
Oppose
AB 2182 (Huffman D) Contractual assessments: onsite sewer and septic improvements.
Current Text: Enrollment: 9/3/2010 odf htmi
Introduced: 2/18/2010
Last Amend: 8/20/2010
Is Fiscal: N
Location: 9/3/2010-A. ENROLLED
2Year ki P.M11111iiiiiiii1ftscal I Floor I Desk I Policy Fiscal I Floor Enrolled Vetoed Chaptered
1!7
Dead � "use- on._
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 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 underwriting requirements, 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 pdf html
Introduced: 2/18/2010
Last Amend: 6/1/2010
Is Fiscal: Y
Location: 8/13/2010-5. DEAD
Desk I Policy Fiscal Floor Desk Fpoiicy Fiscal Floor Conf. Enrolled Vetoed Chaptered
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 odf html
Introduced: 2/19/2010
Is Fiscal: Y
Location: 4/23/2010-A. DEAD
Desk 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 (Wright 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 I Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered
1st House 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 (Payley D) Water recycling.
Current Text: Enrollment: 9/7/2010 odf html
Introduced: 2/1/2010
Last Amend: 8/20/2010
Is Fiscal: Y
Location: 9/7/2010-S. ENROLLED
2Year Floor Desk I Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered
De;
Dead isL r,vuse 2nd House I Conc.
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, as defined, and to provide a final report on that
investigation to the Legislature by December 31, 2016. The bill would require the department, in
consultation with the State Water Resources Control Board, to report to the Legislature from 2011 to
2016, inclusive, as part of the annual budget process, on the progress towards developing and
adopting the water recycling criteria for surface water augmentation and its investigation of the
feasibility of developing water recycling criteria for direct potable reuse. The bill would require the
State Water Resources Control Board to enter into an agreement with the department to assist in
implementing the water recycling criteria provisions. This bill contains other related provisions and
other existing laws.
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: 8/13/2010-A. DEAD
Desk I Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered
1st House I 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: 8
Total Tracking Forms: 8