HomeMy WebLinkAbout12-15-2010 Steering Committee Agenda Packet Orange County Sanitation District o�„1� SRNJrgl,�� Wednesday, December 15, 2010
Regular Meeting of the - 5:30 P.M.
Steering Committee Administration Building
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Conference Rooms A & B
10844 Ellis Avenue
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Fountain Valley, CA
(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.
ACTION ITEMS:
1. Approve the Minutes of the November 17, 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 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 54957.61 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.
12/15/10 Steering Committee Agenda Page 1 of 3
Convene in closed session.
(1) CONFERENCE WITH LEGAL COUNSEL RE. INITIATION OF LITIGATION
(Government Code Section 54956.9(b), 54956.9(c))
Significant Exposure to Litigation and Potential Initiation of Litigation
Number of Potential Cases: 1
a) Newport Trunk Sewer, Project No. 5-58
(2) CONFER WITH DISTRICT NEGOTIATORS
(Government Code Section 54954.5(f))
• Agency Designated Representatives: James D. Ruth, General Manager; Robert
Ghirelli, Assistant General Manager; Jeff Reed, Human Resources& Employee
Relations Manager; and, Richard Spencer, Human Resources Supervisor.
• Unrepresented employees: executives, managers, supervisors and
professionals.
(3) CONFERENCE WITH LEGAL COUNSEL RE. EXISTING LITIGATION
(Government Code Section 54956.9(a))
Case: Nguyen v. OCSD, Orange County Superior Court, Case No. 30-
2008-00115222
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, January 26, 2011, at
5:30 p.m.
12/15/10 Steering Committee Agenda Page 2 of 3
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.
Clerk of the Board, Donna Terrones
(714)593-7130
dterrones ocsd.com
12/15/10 Steering Committee Agenda Page 3 of 3
STEERING COMMITTEE Meeting Date To Bd. of Dir.
12/15/2010
AGENDA REPORT Item Number Item Number
2
Orange County Sanitation District
FROM: James D. Ruth, General Manager
Originator: Michael Gold, Public Affairs Manager
SUBJECT: Public Affairs update
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
Overview
Congress returned from the November mid-term elections, setting in play a chaotic
three weeks of legislative action focusing on the expiring Bush tax cuts and resolving
the unfinished 2010-11 budget. While the actual leadership of the House has not
changed, the Republicans have effectively taken control (in collaboration with Senate
Republicans) vowing to filibuster any matter until the tax cuts and budget are resolved.
As of this report, the Democrats and Republicans may have found common ground on
the tax cuts but nothing has been passed.
OCSD's $300,000 request
The District's request for $300,000 being carried by Representative Loretta Sanchez
continues to be an open question wrapped up in the budget discussions. As a
reminder, Congresswoman Sanchez is carrying a $300,000 earmark to assist OCSD
with secondary treatment upgrades. To date, we have received just over $2 million
from EPA for this project.
The issue of earmarks and budget should be resolved by December 22. On the Senate
side, the Appropriations Committee is developing an omnibus spending bill that contains
earmarks; however the House Committee on Appropriations continues to vacillate on
whether it will approve an omnibus spending bill or continuing resolution. In a
continuing resolution, no earmarks would be included.
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We believe that Democrats will push for an omnibus spending bill as part of a
compromise package on tax cuts, unemployment insurance and earmarks.
Outlook for the 112th Congress
The new Republican Majority in the House means important changes for OCSD's
Congressional Delegation and our prospects for legislative initiatives. While the fate of
earmarks remains open because House Republicans may impose an outright ban, other
important changes could mean positive things for our legislative agenda in 2011 and
beyond.
Most significantly, a number of prominent Orange County Members will have key policy
making positions in Congress. With water and wastewater policy issues,
Representatives Gary Miller is expected to continue to sit on the Committee on
Transportation and Infrastructure and would be in a senior position on the key
wastewater subcommittee, Water Resources and Environment. Mr. Rohrabacher is
expected to become the chair of the Science Committee and Representative Calvert
would become a senior member of the all-important Subcommittee on Energy and
Water Development Appropriations and could become chair depending on how
assignments are determined.
The Senate will see limited changes. However, it appears that Senator Feinstein will
become chair of the spending subcommittee that supports alternative energy and water
supply programs. Senator Boxer will retain her chairmanship of the Environment and
Public Works Committee with jurisdiction over the Clean Water Act.
Federal legislative updates
With the lame duck session and the change in leadership in Congress, the prospects for
key legislation of interest to OCSD have changed. Here is a rundown of some bills we
are following and their possible fate:
Water Resources Development Act (WRDA)
The current Water Resources Development Act bill is in the Senate in Barbara Boxer's
committee. At a recent hearing both Senator Boxer and the ranking Republican, James
Inhofe (R-OK), indicated that they intend to move a WRDA bill through the Committee
on Environment and Public Works next year. The WRDA bill provides an opportunity for
OCSD to advance an authorization for future infrastructure projects.
Build America Bonds
OCSD has taken advantage of the Build America Bonds where the Federal Government
subsidizes a portion of the interest costs but these bonds expire at the end of the year.
Congress may extend the bonds for another year if they can find compromise on the tax
cuts and other budget matters. Fortunately, OCSD recently issued a new round of Build
American Bonds to take advantage of the cost savings.
Pharmaceuticals in Drinking Water Supplies
Following Congressional action on legislation to facilitate the return of controlled
substances by the public (instead of law enforcement) without violation of federal drug
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laws, the President signed the bill into law. As a result, local agencies can now facilitate
drug take back programs and further efforts to address such potential contaminants in
discharges or biosolids will likely fall to EPA rule making.
Chemical Security Mandates
As part of the stopgap funding bill, Congress extended the existing mandates that water
agencies conduct vulnerability assessments and security upgrades. These mandates
will remain in effect until December 18, 2010 when the funding bill expires. At that time,
Congress must either pass a reauthorization bill (which is unlikely) or extend the
mandates for a year as part of any final omnibus spending measure. The
Administration currently supports a one-year extension, preferring to rewrite the law
next year. We expect the extension to occur so OCSD will not face new mandates
related to security assessments or upgrades. Part of the bill circulating Congress in
2010 included inherently safer technologies mandates; however with Republican control
of the House, we believe efforts to impose these mandates on POTWs will not be
incorporated into a final reauthorization of the this program.
State Legislative Report
Legislative Advocates:
Christopher Townsend, Heather Dion and Casey Elliott, Townsend Public Affairs
State Political/Budget Highlights
The State Legislative Analyst Office (LAO) released its fiscal outlook for the coming
year and 2011-12 fiscal year, and the news is not good. As has been widely reported,
California is facing a $25 billion budget deficit, which is significantly higher than many
anticipated.
According to the LAO, the State will likely face a current year (FY 2010-11) deficit of $6
billion and a deficit of $19.4 billion next fiscal year. Additionally, the LAO forecasts that
the State will continue to see annual deficits in excess of $20 billion through the 2015-
16 fiscal year.
The LAO projects that the FY 2011-12 budget, which was enacted just last month, will
likely result in a $6 billion current year deficit unless mid-year actions are taken. The
three primary factors in this current year deficit are:
• Lack of federal funding — The FY 2010-11 budget assumed that the State would
receive approximately $6 billion from the Federal government for various health
and human services programs and well as one-time funding. Given the outcome
of the November election, the LAO now assumes that State is likely only to
receive $2.5 billion in Federal assistance.
• Passage of Proposition 22 — At the General Election, California voters approved
Proposition 22, which restricted the State from using various forms of local
government revenues to aid with the State budget. As a result of the passage of
Proposition 22, it is unlikely that the State will be able to use local transportation
funds as outlined in the 2010-11 budget, adding $800 million to the budget hole.
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• Cost overruns — The LAO's 2010-11 budget deficit figure assumes that there will
be significant cost overruns in the areas of public safety and health and human
services.
The Governor has called a special session to deal with the current deficit but the
Democrats would rather wait until Governor Brown is sworn in and deal with it next year.
Public Affairs Update
Grants update
As staff has been reporting, OCSD has been working hard to compete for a $1 million
grant through SAWPA. We have also reported that we are a finalist and the
engineering team, along with our grant consultant, is finalizing the complex application
to be submitted to SAWPA and ultimately the State of California. OCSD staff has been
participating in weekly conference calls with SAWPA and attending all the meetings
related to the One Water One Watershed grant program.
Below is the schedule for the Proposition 84 grants:
Prop 84 IRWM Schedule
• January 7, 2011 Applications Due (to DWR)
• April 2011 (tentative) Draft funding recommendations — Public Meeting
• June 2011 (tentative) DWR approves final grant awards
Earlier this year staff applied for a grant through South Coast AQMD for $400,000. We
applied to a similar grant last year and did not receive it, but at the request of AQMD
staff, we tried again but were unsuccessful. In addition, staff researched grant
opportunities through the US Bureau of Reclamation (WaterSMART program) and a
grant from the Department of Energy but none of these were applicable to programs at
OCSD. In addition, we researched grant opportunities through the California
Department of Energy for alternative energy and research activities. Staff is on a
number of mailing lists through the State with updates on funding opportunities.
Honor Walk applications still being accepted
As reported last month, staff is now accepting applications for the Honor Walk. Any
past Board Member or retired staff person is eligible to receive a brick commemorating
outstanding service to OCSD. The General Manager will make recommendations for
the staff nominees and the Steering Committee makes the finals decisions for all
nominees.
Year-to-date outreach statistics
This year, there have been ten community and speakers bureau events and we have
increased our presence with local environmental groups by attending their meetings.
On the education front, not only have our tours been strong but we also are working
with a local high school on the Stockholm Junior Water Prize (this is a first). To date,
we have had 44 groups (630 people) take tours of OCSD with half from local schools
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and colleges. We also arranged a special tour for the California Special Districts
Association (CSDA) Annual Conference where 50 attendees visited OCSD and GWRS.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
N/A
CEQA
N/A
BUDGET / DELEGATION OF AUTHORITY COMPLIANCE
N/A
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