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HomeMy WebLinkAbout05-23-2012 Steering Committee Agenda Packet05/23/12 Steering Committee Agenda Page 1 of 2 Orange County Sanitation District Regular Meeting of the Steering Committee Wednesday, May 23, 2012 5:00 P.M. Administration Building Conference Rooms A & B 10844 Ellis Avenue Fountain Valley, CA 92708 (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. CONSENT CALENDAR: 1. Approve Minutes of the April 25, 2012 Steering Committee Meeting. ACTION ITEMS: 2. Recommend to the Board of Directors to: Adopt Resolution No. OCSD 12-XX, Establishing Rules of Procedure for the Conduct of Business of the District, and Repealing Resolution No. OCSD 07-10, to include the banning of texting and emailing during noticed and open Board and Committee meetings. INFORMATION ITEMS: 3. Public Affairs Report 4. Full Cost Recovery for Urban Runoff Flows 05/23/12 Steering Committee Agenda Page 2 of 2 OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: ADJOURNMENT: The next Steering Committee meeting is scheduled for Wednesday, June 27, 2012, 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 mayala@ocsd.com For any questions on the agenda, Committee members may contact staff at: General Manager Jim Ruth (714) 593-7110 jruth@ocsd.com Assistant General Manager Bob Ghirelli (714) 593-7400 rghirelli@ocsd.com Assistant General Manager Jim Herberg (714) 593-7300 jherberg@ocsd.com Director of Facility Support Services Nick Arhontes (714) 593-7210 narhontes@ocsd.com Director of Finance and Administrative Services Lorenzo Tyner (714) 593-7550 ltyner@ocsd.com Director of Human Resources Jeff Reed (714) 593-7144 jreed@ocsd.com Director of Operations & Maintenance Ed Torres (714) 593-7080 etorres@ocsd.com Page 1 of 1 STEERING COMMITTEE Meeting Date 05/23/12 To Bd. of Dir. 05/23/12 AGENDA REPORT Item Number 2 Item Number Orange County Sanitation District FROM: Larry R. Crandall, Board Chair SUBJECT: Ban on Texting and Emailing During Noticed Meetings GENERAL MANAGER'S RECOMMENDATION Adopt Resolution No. OCSD 12-XX, Establishing Rules of Procedure for the Conduct of Business of the District, and Repealing Resolution No. OCSD O7-10, to include the banning of texting and emailing during noticed and open Board and Committee meetings. SUMMARY It is necessary to establish rules of procedure to facilitate the orderly handling of business to come before the Board and its subordinate committees. At this time, the Board of Directors wishes to revise its rules of procedure regarding the conduct of its meetings. During noticed and open Board and Committee meetings to the public, pursuant to the Brown Act, the use of computer hardware, including cell phones, iPads, notebooks, netbooks, desktop, and other devices, by Board members to send or receive text messages or email messages is not permitted. PRIOR COMMITTEE/BOARD ACTIONS June 2007 – The last formal revision to the Sanitation District’s Rules of Procedure for the Conduct of Business was adopted by the Board of Directors at its regular Board Meeting in June 2007. The Board adopted Resolution No. OCSD 07-10 (thereby repealing previous Resolution No. OCSD 07-06). ADDITIONAL INFORMATION Within the Board’s adopted Resolution No. OCSD 07-10, Establishing Rules of Procedure for the conduct of Business of the District, is section “E. Conduct of Meetings”. This section shall be revised to include the following: (7) Ban on Texting or Emailing. During Board and Committee meetings noticed and open to the public pursuant to the Brown Act, the use of computer hardware, including cell phones, iPads, notebooks, netbooks, desktop, and other devices, by Board members to send or receive text messages or email messages is not permitted. Page 2 of 1 CEQA N/A BUDGET / DELEGATION OF AUTHORITY COMPLIANCE N/A 1 RESOLUTION NO. OCSD 12-XX ESTABLISHING RULES OF PROCEDURE FOR THE CONDUCT OF BUSINESS OF THE DISTRICT A RESOLUTION OF THE BOARD OF DIRECTORS OF ORANGE COUNTY SANITATION DISTRICT FIXING AND ESTABLISHING RULES OF PROCEDURE FOR THE CONDUCT OF BUSINESS OF THE DISTRICT, AND REPEALING RESOLUTION NO. OCSD 07-10 WHEREAS it is necessary to establish rules of procedure to facilitate the orderly handling of business to come before the Orange County Sanitation District Board of Directors and Standing, Steering, Special and Ad Hoc Committees. NOW THEREFORE, the Board of Directors of the Orange County Sanitation District (“District”), DOES HEREBY RESOLVE, DETERMINE AND ORDER: Section 1: Rules of Procedure. That the following rules of procedure be adopted for the conduct of business of the District: A. Regular Meetings. There shall be a regular monthly meeting of the Board of Directors of the District on the fourth Wednesday of every month at 6:30 p.m., in the Administrative Offices of the District, located at 10844 Ellis Avenue, Fountain Valley, California; provided, however, if the fourth Wednesday of the month falls upon a legal holiday, said monthly meeting shall be held on the next day thereafter, at the same time and place, unless the Board adjourns to a different date and time certain. The Board of Directors may adjourn any regular, special or adjourned special meeting to a time and place certain, as specified in the order of adjournment. B. Special Meetings. A special meeting of the Board of Directors may be called in either one of the following ways: (1) By the Chairperson of the Board of Directors; or (2) By the written request of a majority of the Steering Committee delivered to the Clerk of the Board. The call or notice for special meeting shall be in writing and delivered personally or by mail at least twenty-four (24) hours before the time of such meeting, as specified in the notice. Any notice deposited in the regular mail addressed to a Director at the address he or she has on file with the Clerk of the Board postage prepaid, sixty (60) 2 hours in advance of any such meeting as specified in the notice, shall be presumed to have been delivered. The call or notice shall specify the time and place of the special meeting, a description of the business to be transacted, and copies of all pertinent written materials. Such written notice may be dispensed with as to any Director or Alternate Director who, at or prior to the time the meeting convenes, files with the Clerk of the Board a written waiver of notice. Such waiver may be given by facsimile or electronic mail. Such written notice may also be dispensed with as to any member who is actually present at the meeting at the time it convenes. The Clerk of the Board shall diligently attempt to notify each Director personally of the time, place and purpose of said meeting, not less than twenty-four (24) hours before the time of said meeting. The call or notice shall be posted in the administrative offices’ public lobby at least twenty-four (24) hours prior to the special meeting. C. Meetings Adjourned by Clerk of the Board. If at any regular, adjourned regular, special, or adjourned special meeting, there is not a quorum of Directors present, the Clerk of the Board may declare the meeting adjourned to a stated time and place and shall cause written notice of the adjournment to be given in the same manner as for a special meeting, unless such notice is waived as provided for in special meetings. Within twenty-four (24) hours after the time of the adjournment, a copy of the order or notice of adjournment shall be conspicuously posted on or near the door of the place where the meeting was held. D. Notices to News Media. When any local newspaper of general circulation, radio or television station requests, in writing, notices of meetings of the Board of Directors, the Clerk of the Board shall thereafter, until receipt of a notice terminating said request, deliver notices of regular, regular adjourned, and special adjourned meetings to such newspapers, radio or television stations. Delivery shall be made in the same manner as delivery is made to the Directors. E. Conduct of Meetings. (1) Procedural Rules. The procedural rules for debate and action shall be as set forth in Table 1, attached hereto and adopted herein by reference. Robert’s Rules of Order shall not be applicable or govern the procedures for the conduct of District business. (2) Legal Officer. In any case of ambiguity or uncertainty in the interpretation or application of these Rules to any procedure, the presiding officer may direct such question for a ruling to the Board’s General Counsel, who shall be the parliamentarian of the Board. 3 (3) Obtaining the Floor and Making Motions. Any member of the Board wishing to speak, or any member of the public wishing to address the Board, must first be recognized by the Chairperson. The Chairperson must recognize any member of the Board who seeks the floor when appropriately entitled to address the Board. Any member of the Board, including the Chairperson, may bring a matter of business properly before the Board by making a motion. Any member, including the Chairperson, except the member making the motion, may second the motion. Once a motion is seconded, it may be opened for discussion and debate, in accordance with the procedures in Subsection (4) below. (4) Rules for Discussion, Debate, and Deliberation by the Board. The procedures for consideration and action on all matters to come before the Board shall be in compliance with the terms of this Section, as follows: (a) Each item on the Agenda will be introduced in a form of a report by either Staff or Counsel. (b) Upon completion of the report, the Chairperson will allow for direct questions regarding the item, by Directors, each in turn, and in the order as selected by the Chairperson. (c) Upon completion of the question period, the Chairperson will entertain a motion and second for consideration by the Board. (d) Discussion among the Directors will follow. Each Director will be recognized to address the Board in the order selected by the Chairperson, with a five (5) minute time limit for each Member wishing to speak on the Agenda item, unless the time limit is waived by the Chairperson. There will be no interruptions of the Director who has been recognized. Attempted interruptions will be declared out-of-order, and the Board Member attempting to interrupt will be asked to remain silent until recognized. (e) As an additional courtesy to everyone, repetition of comments will be discouraged in the interest of time, and at the discretion of the Chairperson, can be declared out-of-order. (f) After each Member who wishes to speak has been recognized and completed his/her remarks, a single three (3) minute period of rebuttal will be allowed any Director, unless the time limit is waived by the Chairperson. (g) If it appears to the Chairperson that any Director is pursuing a line of questioning or commentary due to lack of preparation or prior review with the District’s Staff, the Director’s time will be declared to have been used up, and no further inquiry will be allowed. 4 (h) Upon adoption of a motion on an Agenda item, there will be no further discussion of that item. (5) Decorum in Debate. All Members shall address their remarks to the Chairperson and confine them to the business then pending and subject to discussion before the Board, avoiding personalities and reflections upon anyone’s motives. (6) Closing or Limiting Debate. At all times the Board shall endeavor to allow free and open debate among Members of the Board. However, in the discretion of the Chairperson, it may become necessary to close or limit debate, so that action can be taken by the Board. An order by the Chairperson closing or limiting the debate can only be set aside by a majority vote of the Board. (7) Ban on Texting or Emailing. During noticed and open Board and Committee meetings to the public pursuant to the Brown Act, the use of computer hardware, including cell phones, iPads, notebooks, netbooks, desktop, and other devices, by Board members to send or receive text messages or email messages is not permitted. F. Quorum. A majority of the Directors shall constitute a quorum of the Board. G. Chairperson and Vice Chairperson of the Board. A Chairperson and Vice Chairperson of the Board shall be elected by a majority vote of Directors at the regular meeting in June of each year, and will assume office July 1st. The nominations for Chairperson and Vice Chairperson shall be made at the regular Board meeting in May of each year. Any person nominated for Chairperson shall be deemed to be nominated for Vice Chairperson in the event the person is not elected as Chairperson. Thereafter, the nominees shall prepare a statement setting forth their qualifications for the office sought. The statements shall be mailed to members of the Board of Directors with the Agenda and other meeting material for the June regular meeting. If only one individual is nominated for Chairperson at the regular Board meeting in May, that individual shall be deemed elected as Chairperson, no election shall be held in June, and the individual shall assume office July 1st. If only one individual is nominated for Vice Chairperson at the regular Board meeting in May, that individual shall be deemed elected as Vice Chairperson, no election shall be held in June, and the individual shall assume office July 1st. The Chairperson and Vice Chairperson shall serve at the pleasure of a majority of the Directors. In the event the office of Chairperson becomes vacant due to resignation or retirement of the incumbent prior to the expiration of the regular term, the Vice Chairperson shall automatically succeed to the office of the Chairperson and shall continue to serve through the remainder of the regular term unless sooner removed by action of a majority of the Directors. In the event the office of Vice Chairperson becomes vacant prior to the expiration of the regular term, nominations and the election 5 of a Director to serve in that capacity shall be conducted at the next regular Board meeting. The person so elected shall serve the balance of the regularly-scheduled term unless sooner removed as a result of action by a majority of the Directors. The Chairperson shall not serve more than two consecutive one-year terms for which he/she has been elected to the office of Chairperson. The Vice Chairperson shall not serve more than two consecutive one-year terms for which he/she has been elected to the office of Vice Chairperson. H. Presiding Officer. The Chairperson of the Board shall preside during meetings of the Directors. In the absence of the Chairperson, the Vice Chairperson shall preside. I. Clerk of the Board and Minutes. The Board of Directors shall have a person designated to serve as Clerk of the Board. The Clerk of the Board will be appointed to the position by the General Manager and shall report to the General Manager or a Department Head as designated by the General Manager. The Clerk of the Board will be a regular full time employee, subject to all the rules and policies applicable to all regular full time employees. The Clerk of the Board shall attend all meetings of the Board of Directors, unless excused by the Chairperson, and shall prepare an accurate record of each meeting for submission to the Directors and subsequent approval at the following meeting; provided, however, that when an adjourned, special or special adjourned meeting of the Board of Directors immediately precedes a regular meeting, Minutes of said meeting shall be submitted for approval at the next meeting of the Board following said regular meeting. In the preparation of Official Minutes of a meeting of the Board of Directors, the Clerk of the Board will not record the name of the Director who moves or who seconds the adoption of a motion or Resolution, except the vote of any individual Director shall be recorded upon that Director’s request. The Minutes will reflect the votes by name of Director when required by provisions of state law. In the absence of the Clerk of the Board, a Secretary Pro Tem shall be appointed to exercise the duties of the Clerk of the Board. J. Regular Business to Come Before the Board of Directors. Insofar as practicable, all items of business to be taken up at a regular meeting of the Board shall be submitted to the Clerk of the Board, who shall include on the Agenda all such items submitted by Directors, the General Manager and General Counsel, and all formal communications. The Clerk of the Board shall mail to each Director a notice of such regular meetings, together with a proposed Agenda, not later than the Friday immediately preceding such regular meetings. Said Agenda, insofar as possible, shall include copies of Resolutions, except as hereafter provided, and a description of all matters to be considered, together with any pertinent written materials. 6 Agendas shall be posted in a location freely accessible to the public not less than seventy-two (72) hours in advance of the meeting. Resolutions designated as “standard” and adopted by the Board of Directors from time to time, and approved as to form and content, need not be included with said Agenda; provided, however, that the information completing said standard Resolutions shall be set forth on the Agenda listing, and copies of said standard Resolutions shall be on file with the Clerk of the Board at the meeting time and place. Items of business not known at the time the regular Agenda is mailed as herein provided, may be considered as supplemental Agenda items; provided that all requirements of the Ralph M. Brown Act (California Government Code Sections 54950 et seq.) are satisfied. No business, except with consent of two-thirds of the Directors present (a majority of Directors present for emergency actions), and only if permitted by the Ralph M. Brown Act, not appearing on the regular or supplemental Agendas may be brought before the Board of Directors. The meeting Agenda shall provide for an opportunity for members of the public to address the Board on items on the Agenda and non-Agenda items of public interest. As determined by the Chairperson, speakers may be deferred until the specific Agenda item is taken for discussion, and remarks may be limited to three (3) minutes. Speakers on non-Agenda items may address only items that are within the subject matter jurisdiction of the Board of Directors. Time allotted for such presentations is limited to three (3) minutes or less. Total time allotted for all public input on each non-Agenda item is limited to thirty (30) minutes to one (1) hour, taking into consideration the number of persons filing a request to address the Board. However, time allotments may be waived by a majority vote of the Board. K. Handling of Business and Voting. During the course of a Board meeting, routine matters listed on the Agenda for consideration will be referred to by Agenda Item Number only. Voting on all Resolutions shall be by roll call, except if waived by unanimous voice vote, in which event, the Chairperson may order a unanimous ballot cast in favor of the motion or Resolution under discussion. The name of each Director shall be called only once. On matters of considerable interest or on which there appears to be a controversy, the motion or Resolution shall be read by title or repeated by the Chairperson. The Chairperson shall thereafter call for discussion of the motion or Resolution, at which time any member may discuss the pending matter. Any person other than a Director present at the meeting may speak on the motion if recognized by the Chairperson. Sole discretion as to the extent of discussion outside of the 7 membership of the Board shall rest with the Chairperson. At the close of discussion, the Chairperson may, at the Chairperson’s discretion, repeat the motion or Resolution pending, and thereafter, call for a vote. The Clerk of the Board shall determine and state whether or not a motion or Resolution is adopted by roll call vote. On all other matters, the Chairperson shall determine the outcome of the voting. L. Committees. (1) Standing Committees. (a) Steering Committee: There shall be a permanent Committee designated as the Steering Committee, comprised of the Chairperson of the Board, the Vice Chairperson of the Board, the Chairperson of each of the Standing Committees, and three at-large members selected by the Chairperson of the Board. The Vice Chairperson of each of the two Standing Committees shall serve as the designated Alternate, in the absence or inability to serve by any Chairperson. The Committee shall also conduct an annual performance evaluation of the General Manager and submit recommendations on his/her compensation to the Board of Directors. The Committee shall also review the General Manager’s evaluation and compensation of the executive management employees, based on established criteria, and executive management’s goals and objectives for the following year. The Committee shall also be authorized to assign new subjects of significant importance to the appropriate Standing Committee for study, evaluation and recommendation. The Steering Committee shall meet on the fourth Wednesday of each month at 5:30 p.m. preceding the Board’s meeting, or at the call of the Chairperson of the Board of Directors. (b) Administration Committee: There shall be a permanent Administration Committee (Finance, Human Resources and Information Technology) to advise the Staff and make recommendations on matters related to the financial, budgeting, administrative and personnel policies and programs of the District. The Committee shall review with the Staff the procedures for development, preparation and format of the annual budget and recommend appropriate change, and counsel the Staff during the budget process to assure the proper interpretation and implementation of the Board’s policies and that the desired procedures have been followed. 8 The responsibility for consideration and adoption of the District budget rests with the Board of Directors. The Committee shall periodically interview and recommend the selection of outside auditors. The Committee shall review the result of the annual audit of the District’s accounts with representatives of the outside audit firm, including any comments received recommending improvements. The Committee shall review management’s response to these comments and make appropriate recommendations for implementation. Periodically, the Committee shall recommend employment of an outside firm to audit internal control procedures to safeguard the assets of the District. The Committee shall interview and make recommendations on the employment of investment-banking firms, bond counsel, and if necessary or desired, financial advisors to be used in connection with the District’s financing programs. The Committee shall periodically coordinate recommendations on personnel audits of the District’s operations or segments of the operations on an as-needed basis. The Committee shall make recommendations on personnel policies and procedures, labor negotiations, insurers and coverage, procurement procedures, and such other related activities as may be needed or appropriate. The Chairperson of the Board of Directors shall appoint a Committee Chairperson and a Committee Vice Chairperson for the Administration Committee. The Committee Chairperson and Committee Vice Chairperson shall serve at the pleasure of the Chairperson of the Board of Directors. The Administration Committee shall consist of thirteen members, as follows: (1) The Chairperson of the Board of Directors; (2) The Vice Chairperson of the Board of Directors; (3) The Committee Chair of the Finance and Administration Committee; (4) The Committee Vice Chair of the Finance and Administration Committee; and (5) Nine additional Board members appointed by the Chairperson of the Board of Directors. 9 Other than the Board Chairperson and the Board Vice Chairperson, no Director who serves on the Operations Committee shall be eligible to serve on the Administration Committee. The Administration Committee shall meet on the second Wednesday of each month at 5:00 p.m., or at the call of its Chairperson. (c) Operations Committee. There shall be a permanent Committee designated the Operations Committee (Engineering, Operations & Maintenance and Technical Services). With the goal of compliance with all public health and environmental laws and regulations, the Operations Committee shall review and submit appropriate recommendations on the matters pertaining to the operation of the District Treatment Works, including such matters as current and projected service/flow needs, level and quality of treatment, conservation, recycling and reuse activities, and air quality issues. The Committee shall also review issues pertaining to the District’s NPDES Ocean Outfall Discharge Permit, including annual review of the contractor(s) performing the ocean monitoring and research programs required as a condition of said permit, and related issues regarding protection of the marine waters off metropolitan Orange County’s coastline from impacts resulting from the District’s operations and discharge of treated wastewater. The Committee shall also review matters pertaining to contractual arrangements by the District to provide sewerage services to areas outside the District’s boundaries or approved spheres of influence. The Committee shall review plans for the future needs of the District, explore alternatives and make recommendations to the Board of Directors. The Operations Committee shall also review and submit appropriate recommendations on matters pertaining to capital projects which address operational needs, including the selection of professional consulting services to assist in studying, planning and designing needed District Treatment Works and support facilities, including computerized systems, in accordance with the Board’s established policies and procedures for procuring such services; the Committee shall further review construction projects for said facilities in accordance with applicable public works laws and Board policies. Said oversight shall include the contracts for professional services and public works construction projects and addenda or change orders thereto. In carrying out its responsibilities, the Committee shall receive advance notice and regular status reports on the projects from Staff, and monitor, visit and observe the District Treatment Works’ operational functions and major capital construction projects. The Chairperson of the Board of Directors shall appoint a Committee Chairperson and a Committee Vice Chairperson of the Operations 10 Committee. The Committee Chairperson and Committee Vice Chairperson shall serve at the pleasure of the Chairperson of the Board of Directors. The Operations Committee shall consist of fourteen members, as follows: (1) The Chairperson of the Board of Directors; (2) The Vice Chairperson of the Board of Directors; (3) The Committee Chair of the Engineering & Operations Committee; (4) The Committee Vice Chair of the Engineering and Operations Committee; and (5) Ten (10) additional Board members appointed by the Chairperson of the Board of Directors. Other than the Board Chairperson and the Board Vice Chairperson, no Director who serves on Administration Committee shall be eligible to serve on the Operations Committee. The Operations Committee shall meet on the first Wednesday of each month at 5:00 p.m., or at the call of its Chairperson. (2) Special and Ad Hoc Committees. In addition to the Standing Committees, the Chairperson of the Board of Directors, or the Chairperson of a Standing Committee, or a majority of the Directors, may appoint from time to time, Special or Ad Hoc Committees to study and report on specific matters. Such Committees shall be temporary in nature, and their assignments shall pertain to a current, specific issue. Upon completion of the assigned task, the Ad Hoc or Special Committee will be dissolved. The Chairperson and Vice Chairperson of Special and Ad Hoc Committees shall be appointed by the Chairperson of the appointing authority. Each Special and Ad Hoc Committee shall meet at the call of its Chairperson. M. Motion to Refer to a Standing Committee. Any Director at a Board meeting may move to have a policy or any other activity affecting the District, or any one of the member Agencies, referred to a Standing Committee for study and report. This motion shall be a privileged motion, and when duly seconded, discussion thereof shall be limited to Directors only. Said motion shall receive an affirmative vote of a majority of the Directors for adoption. Section 2: Procedure for Consideration of Demands for Corrective Action. 11 A. Requirement of Written Demand. Prior to any person commencing a judicial action for injunction or mandamus to declare any action taken by the Board void because of failure to observe Brown Act requirements, such person must first serve upon the Clerk of the Board a written demand describing the alleged violation and demanding corrective action. Such demand must be served upon the Clerk of the Board within thirty (30) days of the complained of action. Failure to serve any such demand within this thirty (30) day period shall result in the loss of any right to challenge any action to have been taken in violation of Sections 54953, 54954.2, or 54956 of the California Government Code. B. Consideration of Corrective Action. Upon receipt of such a demand, consideration of the demand shall immediately be placed on the Agenda for the next meeting of the Board of Directors. If the demand is received less than seventy-two (72) hours prior to the time set for the next meeting, the Board may determine that the notice constitutes the initiation of litigation, and that the need to take action on the threatened litigation arose subsequent to the posting of the Agenda, and may consider it at that meeting pursuant to Section 1(J) above. A description of any item so placed on the Agenda shall include both consideration of the demand, and the possibility of corrective action by the Board. In considering such demands, the Board shall first determine, by motion, whether corrective action should be taken. If no motion to take corrective action is carried, the Clerk of the Board shall inform the demanding party in writing of the Board’s decision not to cure or correct the challenged action. C. Implementing Corrective Action. If a motion to take corrective action passes, the Chairperson may entertain a motion implementing corrective action. Any motion implementing corrective action shall address the concerns raised in the consideration of corrective action. The motion implementing corrective action may include a motion to rescind prior action taken, as appropriate. Passage of a motion to rescind invalidates prior action only as of the time of the passage of the motion, and not from the date of the initial action. A motion implementing corrective action resulting from a written demand is out-of-order if the action complained of (a) was in connection with the sale or issuance of notes, bonds, or other evidences of indebtedness, or any contract, agreement, or incident thereto; or (b) gave rise to a contractual obligation upon which a party has, in good faith, detrimentally relied. In any event, the Board shall notify the party making the demand in writing of its decision to take corrective action, and shall describe any corrective action taken. This notice shall be given to the demanding party as soon as possible after the meeting, but in no event more than thirty (30) days after receipt of the demand. 12 Section 3: Resolution No. OCSD 07-10 is hereby repealed. Section 4: This Resolution shall become effective immediately. PASSED AND ADOPTED at a regular meeting held May 23, 2012. _______________________________ Chair ATTEST: _____________________________ Clerk of the Board 13 TABLE 1 BOARD PROCEDURES AND ORGANIZATION SUMMARY OF MOTIONS A. PRIVILEGED MOTIONS Kind of Motion Second Required Debatable Amendable Vote Required Purpose Adjourn To Take a Recess Raise a Question of Privilege Yes Yes No No No No No No No Majority Majority None To end the meeting To interrupt a meeting for a short time or to provide an intermission To obtain action immediately in an emergency B. MAIN MOTION AND RELATED SUBSIDIARY MOTIONS Kind of Motion Second Required Debatable Amendable Vote Required Purpose Main Motion Amend Main Motion Substitute Motion Previous Question Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes No Majority Majority Majority Majority To introduce new business To modify or alter a motion To replace the main motion entirely To close debate on the main or amended motion immediately 14 Continue to a Certain Time To Table Take a Motion from the Table Limit or Extend Limits of Debate Refer to a Committee Withdraw a Motion Reconsider Yes Yes Yes Yes Yes No Yes Yes No No No Yes No Yes Yes No No Yes Yes No No Majority Majority Majority Majority Majority None Majority. Must be by a Director who voted for the prevailing side on the original motion To defer action To discontinue consideration until brought back by vote of the Board To bring before the group a motion previously tabled To limit or extend limits of debate To place business in hands of a Committee To withdraw a motion before it is voted on To secure a new vote on a motion previously voted upon 15 C. INCIDENTAL RULES NON-RANKING Kind of Motion Second Required Debatable Amendable Vote Required Purpose Request to Suspend the Rules Override Order of the Chair Point of Order Yes Yes No No No No No No No Two-Thirds Majority None To facilitate business ordinarily contrary to the rules of the organization To have Board majority rule on the order To enforce the rules of the organization Page 1 of 5 STEERING COMMITTEE Meeting Date 05/23/12 To Bd. of Dir. AGENDA REPORT Item Number 3 Item Number 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 Item. 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 Public Affairs Update OCSD Community Open House on July 28 For the first time in several years, OCSD will be holding a community open house on July 28 with the Orange County Water District. The event will be from 9:00 am to 2:00 pm and will feature plant tours and information booths about who we are and what we do. We are opening our doors to the community to educate the public. Look for more information soon. Outreach As reported in the past, the Public Affairs team is leading efforts to ramp up our outreach efforts in the service area. We are demonstrating our “We’re here for you” message by explaining who we are and what we do to educate the public about what to flush down the drain and keeping our sewers clean. In addition to the numerous tours and community events, we are also visiting local legislative offices and city PIOs to talk about how OCSD protects public health and the environment. This year, we have participated in over 50 community outreach events, met with 17 cities and legislative offices and given tours to 2360 guests. We also have a very active Facebook presence with a growing list of likes and followers. Between our new website and social media presence, OCSD has gained a great deal of recognition for our efforts. We have been asked to present at conferences Page 2 of 5 and teach others about how we are educating and informing the public. Upcoming events: · Thursday, May 17– Orange County Green Fair, Santa Ana, CA · Friday, June 1 – PSA Video Contest entries due by 5 p.m. · Sunday, June 3 – Tustin Street Fair & Chili Cook-Off · Friday thru Sunday, June 8-10 – Fountain Valley Summerfest · Wednesday, June 27 – PSA Video Contest winners announced at board meeting Federal Legislative Update Legislative Advocate: Eric Sapirstein, ENS Resources Congress returned from its April recess and continued to address a limited legislative agenda with an eye toward the passage of federal budget bills in each chamber over the next two months. The prospects for actual passage before the election appear uncertain because both chambers are operating under differing budget strategies. Most still expect a continuing resolution to maintain spending levels through December to get past the election and the uncertainty of which party will be controlling the White House and Congress. On the regulatory front, an important transition is underway at USEPA: the nomination of Kenneth Kopocis to be Assistant Administrator of Water remains on hold in the Senate; all key senior water policy managers over the past month have either left the agency or announced their retirements; and the managers of the Office of Science and Technology, Office of Wastewater Management, and the Office of Groundwater and Drinking Water are to be replaced for the first time in more than two decades. This means that new personnel, perhaps with a different outlook on the way to implement water policy mandates, will assume control over the development of water quality standards, ecosystem protection, and wastewater operation policies. Fiscal Year 2013 Budget To date, there has been no action on the FY 2013 budget. Action on USEPA’s budget is expected to occur later in the fall and the House remains committed to defunding EPA over concerns of regulatory over-reach. In the Senate it is a different story with Senator Boxer vowing to fight any efforts to limit the agency’s authority or revise current policies such as the definition of which waters are subject to regulation under the Clean Water Act. Water Resources Development Act (WRDA) The efforts to renew WRDA continue to be delayed mostly because Congress cannot finalize a transportation bill. Currently there is no new timetable to renew WRDA. Page 3 of 5 Conflict of Interest Regulation and Appointment to Water Boards The ongoing “wait and see” situation surrounding USEPA’s willingness to consider regulatory revisions to the Income Restriction Rule remains. EPA has yet to publish a rule revision related to conflict of interest and income restrictions and the current unreasonable standards. As a result, Representative Gary Miller transmitted a letter of inquiry to USEPA Administrator Lisa P. Jackson in early May outlining his concerns (as provided by the District) that the current income restriction rule is outdated and creates barriers to the selection of qualified individuals. Assuming that USEPA responds to Miller in a timely manner, their response will either affirm EPA’s willingness to update the rule or make it clear that Mr. Miller needs to move forward with forcing change through H.R. 2765. State Legislative Update Legislative Advocates: Christopher Townsend, Heather Dion and Casey Elliott, Townsend Public Affairs State Political Highlights Governor Jerry Brown and his supporters are confident that they have collected enough signatures to qualify his tax initiative for the November 2012 ballot. The Governor needed to collect more than 800,000 valid voter signatures by early May to ensure inclusion; however, Governor Brown’s attempts to have Molly Munger abandon her tax measure continue to be unsuccessful. Munger spent approximately $6 million collecting over 848,000 signatures to qualify her measure and she will likely spend more. A recent poll by the Public Policy Institution of California (PPIC) found 54 percent of voters in favor and 39 percent opposed to Brown’s tax measure. The poll did not ask voters about Molly Munger’s plan, but nearly three-fifths of voters were opposed to raising income taxes on for schools. On March 14, the Governor and the Democratic legislative leaders announced an agreement with the California Federation of Teachers that paves the way for joint support of a single tax measure on the November ballot. This measure combines the Governor’s tax initiative with elements of the “Millionaires Tax” initiative which was supported by CFT and other groups. The new language includes: · An increase in the State sales tax by 0.25% for four years. · Increases in the personal income tax for the next seven years: o Over $250,000 ($500,000 for joint filers) – 1% increase o Over $300,000 ($600,000) – 2% increase o Over $500,000 ($1,000,000) – 3% increase These funds will not go directly to the State’s general fund, but would help fund education, public safety realignment, and other items to relieve pressure on the State’s general fund for other priorities. The new compromise proposal reduces the increase in the State sales tax proposed by the Governor, but increases the personal income tax for Page 4 of 5 those making over $300,000. Additionally, the compromise measure would keep the higher income tax brackets in effect for two years longer than the Governor’s original proposal. The tax proposal could generate up to $2 billion more in funding through June 2013 than the Governor’s original initiative. Legislative Analyst's Office estimated in its review of the measure that the tax increase would generate $6.8 billion in fiscal 2012-13. In contrast, Munger’s initiative would raise an estimated $10 billion annually for 12 years by increasing the state income tax on all but the poorest Californians. The revenue would flow directly to K-12 schools and early childhood programs. For the first four fiscal years, the initiative would also provide $3 billion to help the state’s general fund budget. California Republican Party leaders held a press conference on May 4 to launch their campaign to oppose Governor Brown’s tax initiative; however, the California Republican Party Chairman Tom Del Beccaro did not indicate how much the GOP expects to spend against the measure. State Budget Released on May 14 On May 14 the Governor released his May revision to the State Budget. Just prior to the budget’s release, Brown announced that the projected deficit had grown from roughly $9 billion in January to an estimated $16 billion now. Factoring into the larger projected deficit are lower revenues in the current year, lower projected revenues in the budget year, and increased expenditures in the current year due to court decisions and higher workload in health and human services. In his revised budget proposal, the Governor officially pegs the deficit at $15.7 billion on a $91.4 billion budget, and proposes a total of $8.3 billion in cuts (an additional $4.1 billion from the January proposal). In part, the Governor cites incorrect revenue assumptions by the Department of Finance as adding to the problem. Among some of the more significant components pulled from the revised budget proposal: · Assumes passage of his November ballot initiative, implementing temporary increased taxes on the affluent and a quarter-percent increase in the sales tax. · Proposes to transfer $1.4 billion in redevelopment funds from local agencies to the General Fund through a legislative framework. · Proposes using $292 million from the national mortgage settlement. · Proposes a 5% furlough for State employees, resulting in a 4-day, 9.5 hour-work day week. · Proposes various reductions to hospital and nursing home funding to lower Medi-Cal costs. Page 5 of 5 · Proposes reducing In-Home Support Services hours by 7% · Additional cuts would take place in education with failure of the ballot initiative, including $5.5 billion to K-12 and community colleges, and $250 million less for UC and CSU. Pension Reform Senate President Pro Tem Darrell Steinberg recently reiterated the Legislature’s intent to deliver comprehensive pension reform this session; however, it is increasingly more likely that the Legislature will not consider the Governor’s proposal until the end of session in August. In the wake of revenue projections falling short and the upcoming November election, Democratic leaders are very concerned about more cuts affecting unions while also pushing pension reform. The Joint Conference Committee on Pension Reform is still working on its report and recommendations. In terms of the legislative calendar, all fiscal bills had to be passed out of their policy committees by April 27. Next, all non-fiscal bills need to pass through committees by May 11 and May 25 is the deadline for fiscal committees to hear and report to the floor all bills introduced in their house. Specific Activities for the Month TPA continues to monitor, report, and promote the following state legislative and advocacy goals · TPA has arranged for and participated in meetings with OCSD staff: o Assembly Member Mansoor’s Field Representative David Taylor – April 4, 2012 o Assembly Member Solorio’s Field Representative John Nam – April 11, 2012 o Senator Correa’s District Director Tammy Tran – April 18, 2012 o Assembly Member Silva’s District Director Erik Weigland – April 18, 2012 o Senator Huff’s District Director Tim Shaw – April 24, 2012 o Future meetings to be scheduled in early June include: § Assemblymember Norby’s District Director Bruce Whitaker § Assemblymember Wagner’s District Director Sam Han § Assemblymember Hagman’s District Director Mike Spence § Assemblymember Miller’s Field Representative Rorick Luepton PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION CEQA N/A BUDGET / DELEGATION OF AUTHORITY COMPLIANCE N/A Page 1 of 2 STEERING COMMITTEE Meeting Date 05/23/12 To Bd. of Dir. AGENDA REPORT Item Number 4 Item Number Orange County Sanitation District FROM: James D. Ruth, General Manager Originator: Jim Herberg, Assistant General Manager SUBJECT: FULL COST RECOVERY FOR URBAN RUNOFF FLOWS GENERAL MANAGER'S RECOMMENDATION Information Only Item. SUMMARY As part of the November 2011 Strategic Plan, the Orange County Sanitation District (Sanitation District) is pursuing cost recovery for Urban Runoff discharges from agencies with diversions to the sewer system. Staff has held discussions with OC Watersheds to propose that the County implement a mechanism to equitably share costs among the Municipal Separate Storm Sewer Systems (MS4) member cities. OC Watershed indicated that they are not able to implement such a cost-sharing arrangement. The next step is for the Sanitation District to pursue cost recovery from the individual urban runoff permit holders. At present, those permit holders include: the City of Huntington Beach, Irvine Ranch Water District, the Irvine Company, and Orange County Public Works. The City of Newport Beach will become responsible for the Newport Dunes diversion once the application process is completed and the permit is issued. In September 2000, the Sanitation District’s Board adopted a dry weather urban runoff policy to assist in remediation of the public health and environmental problems associated with urban runoff. The original resolution and its subsequent amendment, Resolution No. 01-07, initially waived all fees and charges associated with the urban runoff discharges for flows below 4 million gallons per day (mgd). The resolution also established a maximum aggregate urban runoff flow volume of 10 mgd. Once the monthly average flow reached the 4 mgd threshold, the permittees are to begin paying for the entire flow volume. To date, the aggregate flow volume has not reached the 4 mgd threshold; however, monthly average flow reached 3.3 mgd in June 2011 and topped 3.0 mgd for three consecutive months in 2011. With new diversions being proposed to remediate selenium levels in the Upper Newport Bay, it is likely that 4 mgd threshold will be reached. Page 2 of 2 Charging for the diversion of urban runoff proportionate to the treatment costs for such flows provides an incentive to minimize or eliminate dry weather flows. Once discharges have to pay fees for sewer disposal, more stringent practices and strategies, such as managed diversion pumping regimes, stormwater system improvements aimed at controlling infiltration, or wetlands restoration and enhancement, might become viable alternatives for controlling bacterial levels and pollutant contamination in Orange County’s recreational waters. PRIOR COMMITTEE/BOARD ACTIONS November 2010 – Adopted the updated Strategic Plan which included a new goal, the full-cost recovery for the urban runoff flows. November 2011 – Adopted the updated Strategic Plan which reiterates the desire for full-cost recovery for urban runoff flows. September 2001 – Adopted Resolution No. OCSD 01-07 establishing Dry Weather Urban Runoff Policy. ADDITIONAL INFORMATION Staff has met with the County of Orange Stormwater Technical Advisory Committee; County of Orange representatives at OC Watersheds; and Engineering staff for the City of Newport Beach and the City of Huntington Beach to discuss cost recovery for existing urban runoff diversions. Meetings with the Irvine Ranch Water District, the Irvine Company, Orange County Health Care Agency, and environmental groups are also planned. During the past 11 years, the Sanitation District has treated a total of 5.8 trillion gallons of urban runoff from the City of Huntington Beach, Orange County Public Works, City of Newport Beach, Irvine Ranch Water District, and The Irvine Company. The accumulative treatment cost has exceeded $5 million during this period. The Sanitation District’s urban runoff treatment cost for 2010-2011 was $728,000 based upon a reported diversion discharge of 555 million gallons. Given the projected treatment costs through June 2013, if diversion discharges remain at the current level, the Sanitation District’s urban runoff treatment costs increase to $799,000 for 2011-2012, and to $877,000 for 2012-2013. CEQA N/A BUDGET/DELEGATION OF AUTHORITY COMPLIANCE N/A JDH:JC:gc