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2005-07-20
Remarks to Board of Directors July 20, 2005 By Blake Anderson, General Manager Good evening. As my wife, Giovanna, and I woke this morning and began to talk about what is in store for us today, we knew this: it would be an important milestone for our family, and for the good people that sit on this board and work here as employees. Given the amount of attention that this issue has received, this moment in time will be remembered by all of us. Most of the mundane work that we do here and the workings of this board occur with little notice or fanfare by the general public. Tonight is an exception to that rule. It is my purpose to provide remarks that are constructive and relevant to what is about to happen: the board's consideration of the future of my role as its General Manager. Let me start by saying this: There is a lot of important work ahead for this great agency. I may or may not be part of the team that makes it all happen. In either case, in the next 5 years, 1. We will complete the Ground Water Replenishment System with our partners the Orange County Water District and we will produce 70 trillion gallons of reclaimed water in that time. 2. We will complete over a billion dollars of new facilities construction that will include, among many other things, most of the new secondary treatment facilities promised to the public. 3. We should have all of the answers about Kern County Biosolids policy and we will have several new biosolids management alternatives constructed or well underway 4. The County will have urban runoff mostly under control and the Sanitation District will have some role in that. 5. And finally, we will continue to improve the forecasting, planning and management processes within the agency, making us better at what we do. What has unfolded over the last week has been amazing to see and heartbreaking to experience. The name of this agency, its directors, I and my wife have been attacked and ridiculed for reasons that are simply untrue and unfair. Everyone that has been mentioned deserves better treatment than that. Far better treatment than that. The things and people that are the most important to me have been in this unrelenting line of fire. There is considerable irony in all of this because what your executive management team, division managers and I have been attempting to do is to bring authentic and constructive dialogue to the agency. To build teams. To improve our management and leadership skills. To ask the very best of ourselves and others. To improve our effectiveness and efficiency. To keep our eye on the most important priorities of the agency. In other words, to be constructive and effective. The last week has been anything but that. I am confident that we can move beyond this last week and I see a positive and creative future—no matter what this board decides tonight. To my family, friends, co-workers, members of the board and the people here, let me say this: whatever the outcome of tonight may be, it will be a good decision that all here should stand by. I hope to stay but I am quite willing to go, if that is the pleasure of this board. Everyone in this room must remain faithful to the rules of government and good governance--and that includes me. I do want to take a moment to take my own responsibility for my part in this mess. While the agenda item on the Dharma contract was clearly WRITTEN, I had an affirmative responsibility to better DESCRIBE the matter to the FAHR committee and to this board in oral comments. I should have been more effective in bringing it to their attention and underlining its purpose and outcomes. I served it up as a routine contractor matter on the consent calendar. In hindsight, that was a huge mistake. But I will adjust and learn from this mistake. As far as moving forward, as you have all heard, Eric Klein has asked to be released from his contract and I have agreed to do so. That action was effective two days ago. This is not to say that the original objective of the work was not valid. I still believe that it was valid: bringing sensible and effective management and work practices to the agency. Incidentally, despite what you may have heard in the blogs and the editorials, Klein only used solid business principles and practices in his work here. Communication skills, leadership, planning—those were the essence of what has occurred here. Now we will have to develop a different approach. I can assure the board that I will be certain to fully inform you of the options we have and will seek your counsel and approval as we move forward. Our unifying strategies and the strategic planning that we have under way will continue with strength, purpose and focus. Many competent people in different quarters of the agency are using the approaches we have developed to plan and manage their work. With regard to securing professional contract services in general, I have met with our Purchasing and Contracts Manager, Marc Dubois. He has a number of suggestions for improving this area of our business practices. Mike White and I will work with him and bring recommendations to the FAHR committee in a timely manner. This agency has provided well-managed and reliable wastewater treatment facilities and programs in the past and has a game plan for the future. Of that we can all be proud. We are better at what we do today than we were yesterday and I am confident we will be better tomorrow. (PAUSE) As for tonight's subject: It is my preference to remain here, for the next 5 years. But I understand that there are some members of the board that are asking for a change in leadership. They have expressed to Chairman Anderson dissatisfaction with my style and vision and believe that the agency can be better served by someone else as General Manager. Steve asked for my resignation on Monday. He observed that I could not effectively manage the agency without broad support of the board of directors. I certainly agree with that observation. For that reason, I tendered my resignation yesterday on three conditions. The condition that is germane to everyone here tonight is this: That during tonight's special session, there be a complete airing of this issue with all members of the board. If, in your collective judgment, it is time for me to leave, I will do so respectfully and with complete support of your decision. I suggested that anything less than a two-thirds vote of confidence is insufficient for me to stay, given where we are with all of this. So there you have it, as best as I can express it, what is on my mind. This is a wonderful place to work—certainly because of the important mission we have, but mostly because of the remarkable people I have the privledge to work with. Thank you for all of that. And thank you for your time. Mr. Chairman, that ends my remarks. Page 1 of l I�v 1ai/ Kyle, Penny From: Kyle, Penny Sent: Wednesday,July 20,2005 8:39 AM To: John Collins(fvpmud@fountainvalley.org);Tony Kawashima; Paul Yost ; 'hbdac@hotmail.com'; 'vivkirk@uci.edu' Subject: Special Meeting of the Board of Directors-8:30 p.m., 07/20/05 Attached is a copy of the agenda for a Special Meeting of the Board of Directors for Wednesday, July 20, 2005, at 8:30 p.m. Penny M. Kyle Board Secretary Orange County Sanitation District (714)593-7130 7/20/2005 Page I of I Kyle, Penny From: Anderson, Blake Sent: Tuesday,July 19,2005 9:59 PM To: Kyle, Penny Cc: Hogin, Brad Subject: RE: Notice of Special Meeting Closed session please From: Kyle, Penny Sent: Tue 7/19/2005 4:54 PM To:Anderson, Blake Cc: Hogin, Brad Subject: Notice of Special Meeting The Board of Directors will hold a Special meeting on July 20,2005 to consider your employment,evaluation of performance,discipline,and/or dismissal. You have a right to have complaints and charges from the Board of Directors heard in open session rather than closed session. Please indicate at or prior to the meeting whether you wish to have complaints and charges heard in open session. Penny M. Kyle Board Secretary Orange County Sanitation District (714)593-7130 7/20/2005 Page 1 of 1 V✓ Kyle, Penny From: Kyle, Penny Sent: Tuesday,July 19,2005 5:32 PM To: 'acschafer@comcast.nef Subject: Special Meeting of the Board of Directors-8:30 p.m.,07/20/05 Importance: High Attached is the agenda for a Special Meeting of the Board of Directors for Wednesday,July 20,2005,at 8:30 p.m. Penny M. Kyle Board Secretary Orange County Sanitation District (714)593-7130 7/20/2005 Page 1 of 1 Kyle, Penny From: Kyle, Penny Sent: Tuesday,July 19, 2005 5:14 PM To: 'dfoley@ocregister.00m';'shelby.grad@latimes.com' Subject: Corrected 07/20/05 Special Meeting Agenda Attached is a corrected agenda for the Special Meeting of the Board of Directors. Penny M. Kyle Board Secretary Orange County Sanitation District (714)593-7130 7/20/2005 Page l of l V `.d Kyle, Penny From: Kyle, Penny Sent: Tuesday,July 19,2005 5:12 PM To: Anderson, Blake Cc: Hogin, Brad Subject: 07/20/05 Special Meeting Agenda Importance: High Attached is a corrected version of said agenda. Penny M. Kyle Board Secretary Orange County Sanitation District (714)593-7130 7/20/2005 Page 1 of 1 Kyle, Penny From: Kyle, Penny Sent: Tuesday,July 19, 2005 5:11 PM To: Alberta D. Christy(achrisly@cl.santaana.ca.us); BIII Dalton (wdalton@socal.rr.com); Carolyn Cavecche(caveoche@juno.com); Charles Antos(mavjks2000@ao1.com); Darryl G. Miller (dgm544@cox.net); Don Bankhead (Council@ci.fullerlon.ca.us); Doug Davert; Harry Dotson (bgreen@ci.stanton.ca.us); Harry Sidhu (harry4anaheim@aol.com); Jill Hardy(jhardy@surfcity- hb.org);Jim Ferryman; Jim Silva;Joy L. Neugebauer; Ken Parker (councilman.kenparker@verizon.net); Lary Crandall (slcrandall@aol.com); Mark Waldman (miwaldman@comcast.net); Mike Duvall; Norm Eckenrode; Patsy Marshall (patmarshall@adelphia.nel); Phil Luebben(Philip.Luebben@SCE.cam); Richard A. Freschi (RAF333@adelphia.net);Roy Moore(rmoorebrea@aol.com);Steve Anderson;Sukhee Kang (skang@cl.irvine.ca.us); Tod Ridgeway Cc: EMT Subject: Corrected 07/20105 Agenda for Special Meeting of Board of Directors Importance: High Please note that a corrected version is attached. Thank you. Penny Kyle Board Secretary Orange County Sanitation District (714)593-7130 7/20/2005 ROLL CALL �Qp� y//� BOARD OF DIRECTORS ORANGE COUNTY SANITATION DISTRICT MEETING DATE: 07/20/05 TIME: 8:30 p.m. (SIMONIAN) .................... ANDERSON... ................ — (YOST) ............................ ANTOS .......................... — (WILSON) ........................ BANKHEAD...................�L — (AMBRIZ).......................... CAVECCHE..................... — (GARCIA) ......................... CHRISTY..................... (COLLINS)........................ CRANDALL................... 1_ — (ROSEN) .......................... DALTON....................... ✓ (KAWASHIMA) ................. DAVERT...................... ✓ — (SHAWVER) .................... DOTSON..................... / — (WILSON)......................... DUVALL...................... ✓ — (UNDERHILL)................... ECKENRODE.................� — (SCHAFER)......................fcff;R9*MAN...................i — (BORTLE)......................... FRESCHI .............. ..... — (COOK) ............................ HARDY......................... ✓ — (CHOI).............................. KANG.......................... / — (SONDHI)......................... LUEBBEN..................... . . — (DOW) .............................. MARSHALL.................. 1� — (REINHART)..................... MILLER ........................._. — — (BEAUMAN) ..................... MOORE........................ L — (KIRKPATRICK-PILGER). NEUGEBAUER.............. — (DRISCOLL)..................... PARKER....................... ,. — (WEBB) ............................ RIDGEWAY................... ✓ _ (HERNANDEZ)................. SIDHU.......................... 7 — (CORREA)........................ SILVA........................... ✓ (RODRIGUEZ).................. WALDMAN.................... L/ — STAFF: � Anderson ✓ � ��sG Arhontes Beekman Kv li 00�y®eZ Herber oa K Kyle le Ky Ludwin Miles Tomko ✓ White OTHERS: Ho in Nixon (11+0 07/20/05 H:Wept�admin\BS\DIRECTOR\Directors Roll Call.doc REQUEST TO ADDRESS THE BOARD OF DIRECTORS All persons wishing to address the Board on specific agenda items or matters of general interest should complete and submit this form to the Board Secretary prior to commencement of the Board meeting. As determined by the Chair, speakers may be deferred until the specific item is taken for discussion. Remarks may be limited to three minutes or less. Any handouts (35 COPIES REQUIRED) must be given to the Board Secretary prior to the meeting for distribution. DATE: `�ZU —Z VU� AGENDA ITEM NO. NAME: (please print) rz- HOME ADDRESS: I \ C tAI 0' (number/street) Ni to o (-r <c �4 Cf}- Gl2 4 (city/zip cod I �J TELEPHONE: (q l/ —2 0 REPRESENTING: ©���� (self/name of org nization) REQUEST TO ADDRESS THE BOARD OF DIRECTORS All persons wishing to address the Board on specific agenda items or matters of general interest should complete and submit this form to the Board Secretary prior to commencement of the Board meeting. As determined by the Chair, speakers may be deferred until the specific item is taken for discussion. Remarks may be limited to three minutes or less. Any handouts (35 COPIES REQUIRED) must be given to the Board Secretary prior to the meeting for d\Isstrriibbuutitioon�n. DATE: ` * M CJS ^ * R R AGENDA ITEM NO. NAME: (please print) �V , / A) a/ HOME ADDRESS: (number/street) (city/zip code) TELEPHONE: r /-/ -n Z REPRESENTING: , z-zL T (self/name of organization) REQUEST TO ADDRESS THE BOARD OF DIRECTORS All persons wishing to address the Board on specific agenda items or matters of general interest should complete and submit this form to the Board Secretary prior to commencement of the Board meeting. As determined by the Chair, speakers may be deferred until the specific item is taken for discussion. Remarks may be limited to three minutes or less. Any handouts (35 COPIES REQUIRED) must }b��e��given to the Board Secretary prior to the meeting for distribution. DATE:DATE: ' / I AGENDA ITEM NO. > -0 e-/ �// /Y NAME: (please print) W HOME ADDRESS: -?qI .7 &V/P (numbe`r/street) mmmn4 P # 91Z11 (city/zip code) TELEPHONE: (!u/) ,, REPRESENTING: 'n (self/name W organization) REQUEST TO ADDRESS THE BOARD OF DIRECTORS All persons wishing to address the Board on specific agenda items or matters of general interest should complete and submit this form to the Board Secretary prior to commencement of the Board meeting. As determined by the Chair, speakers may be deferred until the specific item is taken for discussion. Remarks may be limited to three minutes or less. Any handouts (35 COPIES REQUIRED) must be given to the Board Secretary prior to the meeting for distribution.s DATE: / AGENDA ITEM NO. � ' NAME: (please print) J V 0-'n c' JU ki i HOME ADDRESS: 1 7a 4 (number/street) NpLW _4amt-- 4e) Eac CF} j266e (city/zip code) TELEPHONE: (9Y3 6 ! o - &I 3` J REPRESENTING: S,--4'� (self/name of organization) REQUEST TO ADDRESS THE BOARD OF DIRECTORS All persons wishing to address the Board on specific agenda items or matters of general interest should complete and submit this form to the Board Secretary prior to commencement of the Board meeting. As determined by the Chair, speakers may be deferred until the specific item is taken for discussion. Remarks may be limited to three minutes or less. Any handouts (35 COPIES REQUIRED) must be given to the Board Secretary prior to the meeting for distribution. DATE: v G J' AGENDA ITEM NO. SPc`.Ce/Jt I'74WW6 NAME: (please print) HOME ADDRESS: 'Z 2 Z3 Z L���-"3c-Yr'1v1 L/.7-�✓c? (number/street) -7 (city/zip code) TELEPHONE: ( C7y7 �62 91'!J" REPRESENTING: 5C �RP (self/name of organization) REQUEST TO ADDRESS THE BOARD OF DIRECTORS All persons wishing to address the Board on specific agenda items or matters of general interest should complete and submit this form to the Board Secretary prior to commencement of the Board meeting. As determined by the Chair, speakers may be deferred until the specific item is taken for discussion. Remarks may be limited to three minutes or less. Any handouts (35 COPIES REQUIRED) must be given to the Board Secretary prior to the meeting for distribution. DATE: r`I /n '; AGENDA ITEM NO. J 2 C. n , f� NAME: (please print) n : ,� ja l/" I �SkiA, J xc HOME ADDRESS: 'CfY,N ny) 'i Atvo5 (number/street) ZS ()_(?a 92 le gg (city/zip ccoode) TELEPHONE: ( `� / 1'� — r1Iq REPRESENTING: (' S (self/name of organiza i n REQUEST TO ADDRESS THE BOARD OF DIRECTORS All persons wishing to address the Board on specific agenda items or matters of general interest should complete and submit this form to the Board Secretary prior to commencement of the Board meeting. As determined by the Chair, speakers may be deferred until the specific item is taken for discussion. Remarks may be limited to three minutes or less. Any handouts (35 COPIES REQUIRED) must be given to the Board Secretary prior to the meeting for distribution. DATE: AGENDA ITEM NO. �hq NAME: (please print) Ghi�r�✓oJ =.CL[.e. HOME ADDRESS: (number/street) 44,7;)r a 9aG0�/ (city/zip ode) TELEPHONE: (gyQ) 'W- 44T- - REPRESENTING: Sly' (self/name of organization) Bradley R. Ho in From: Anderson, Blake[BANDERSON@OCSD.COMj }y Sent: Tuesday, July 19, 2005 9:44 PM To: andyacm@aol.com; ferry54@msn.com; connie.downing@ocgov.com; donald.hughes@ocgov.com; tridgeway@city.newport-beach.ca.us; Cavecche@junc.com; carolyncavecche@carolyncavecche.com; Director Roy Moore Cc: Bradley R. Hogin; Anderson, Blake Subject: Letter of Resignation Steve Anderson, Chair Orange County Sanitation District Yesterday, during our lunch meeting, you asked me to resign my position as General Manager of the Sanitation District. I told you that I would give you with my answer by today. The purpose of this letter is to provide you with my provisional resignation, conditioned on certain terms described below. But first, I need to explain my motivation to tender . this resignation and to capture the salient points of our Monday conversation. The last week has been extremely costly to me. The mean-spirited blogs and editorials have leveled a number of unfair and inaccurate accusations at me. More important to me, they have also ridiculed my wife, her faith community, and have alleged that she has somehow influenced the matters that have been so widely and wildly reported. The stress and hurt this has inflicted on our family is signficant. We stand alone in this biting and dangerous wind, finding we can no longer withstand the pain and anxiety that, by any measure, is more than anyone should endure. Since your request, I have had the opportunity to confer with some members of the board, seeking their advice and frank assessment of my performance and my future. I did this because you told me that you have the votes to have me fired and, furthermore, that 30 or 40 percent of the board no longer supports my leadership. You asserted that I can not effectively lead with that level of non-confidence. I certainly agree with that assessment, but I am hesitant to rely only on your observation that there is that degree of non-confidence. During the lunch meeting when you first asked me to resign, I said I would not. I said that one reason I could not is because I would lose my rights to an appropriate severance package, as I understand my employment contract. You stated that you were aware of the severance provision of my contract and were prepared to offer me a six-month severance if I were to resign. I love this agency and the professional challenges it provides me. I am good at my job and I have helped to forge a smart and effective public agency with the board and with staff. Many people outside the agency consider this one of the most effect public agencies in the County. I believe they are right. But I am not spoiling for a fight and I agree with you that the good name of the agency must be preserved. For all of these reasons, here is my resignation, conditioned on the following: 1. On Wednesday night, during the special session of the board of directors, I request that you have a complete airing of this issue with all members of the board. If, in your collective judgement, it is time to leave I will do so respectfully and with complete support of your decision. I suggest that anything less than a two-thirds vote of confidence is insufficent for me to stay. 2. Set my last day of employment effective the close of business August 11, 2005. This date is important because it marks the 25th anniversary of my employment with the District. Please give me the ability to achieve this personal milestone. 3. Provide me with a severance package that includes compensation equivalent to six months of my base salary and all of the retirement benefits that are customary for this agency and the Orange County Employee Retirement System. With that, I will leave the District with my dignity intact and the welfare of my family adequately preserved. The agency can move forward under the leadership of the board and a new General Manager, continuing 51 years of excellent service to the community. And, our 1 i 625 employees can continue with confidence and energy into the future. My best to you and the board of directors. Respectfully, Blake P. Anderson General Manager cc: Members of the Steering Committee, General Counsel 2 1 Ah-22-2004 10:4T= FrwOCSD RUW" "SSOWES DEP T149620427 T•01`4 P.002/009 F-623 SECOND AMENDED CONTRACT OF EMPLOYMENT OF GENERAL MANAGER ORANGE COUNTY SANITATION DISTRICT THIS SECOND AMENDED CONTRACT OF EMPLOYMENT,is made and entered Into,to be effective the 12th day of July, 2002.by and between: ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to as "District"; AND BLAKE P. ANDERSON sometimes hereinafter referrer) to as "General Manager'. RECITALS WHEREAS, District has previously employed Blake P.Anderson as General Manager of District,pursuant to the terms and conditions as set forth in the Contract of Employmentdated May 13, 2000;and WHEREAS,District desires to amend the original terms of the Contract of Employment and WHEREAS,Blake P.Anderson,by virtue of his education,training and a 4perience,is fully qualified to fill the position and desires to continue to serve the District as Its General Manager, pursuant to the terms and conditions of this Second Amended Contract of Employment. WHEREAS,the Board has,priorto July 12,2002.agreed thatany salary increases,orother contract modifications, will be effective July 12, 2002 regardless of actual date of reaching agreement. Section 1: District herebyamends the priorcontractofempioymentdated May13,2000 With Blake P. Anderson, to serve as General Manager of the Orange County Sanitation District, 1 Hb000N5101G2yrEM!CONTMCTSWewmCanvas.6EMNe AMENDMENr.DPA W Al42-2000 10:/1an Fron-OOSD KW" ISOUKES DEP 7140620427 1-034 P.003/000 F-623 commencing on the effective date hereof, and continuing until termination pf either Party, as provided In this Second Amended Contract of Employment. Blake P.Anderson shall perform the duties of General Manager,as prescribed by the laws of the State of California, and by the rules, regulations,decisions,and directions of the Board of Directors of District(hereimifter referred to as 'Board-). Section 2: The term of this Agreement shall be for two(2)years,commenting July 12, 2002, unless terminated or amended as provided herein,and shell continue Indefinitely thereafter under the same terms and conditions until terminated or superseded by written amendment. Section 3: District shall pay General Manager a salary at the following annual base rate, plus other benefits specified herein, all as authorized In Board Resolution No. OCSD 98-33, as amended, and as such Resolution mayhereafter, from time to time, be amend6d: $191,181.12, commencing July 12,2002 $209,064.56, commencing July 11, 2003 Secffion 4 Districtshall also pay General Managerthe following amount as Investment Incentive Salary, as provided for in District's Human Resources Policy No. C10,00, Section 4.8.1: $13,119.00, commencing July 12, 2002 $18,000.00,commencing July 11. 2003 This amount shall be included In the maximum value of the benefit package, as authorized In Section 5 below. Section District shall provide General Manager with a benefit package valued in an amount not to exceed thirty-eight(38%)percent of his annual base salary. Such benefits may be selected by the General Manager from those benefits otherwise provided to any Management employee,provided that any single benefit selected shall not exceed In value the amount provided by either District's policy Resolution No. OCSD 98-33, as amended, or by the provisions of this Agreement.The specific bene8ls to be provided during the term of this Agreement are set forth in Exhibit W, attached hereto and Incorporated herein by reference. Exhibit'A"shall be signed and dated by the Chair of the Board of Directors and the General Manager. In the evenithat Employer's share of the monthly premium for any Insurance coverage selected increases during the year subsequent to the effective date In which the attached Exhibit W' was executed, but prior to completion of Employee's annual performance review, District shall continue to pay said monthly 2 KIIWW510x4Pr.EMr CPVTMCTS"M C VW-SECOND AMENDMENT-PPA000 Jn1-22-2006 10:48M F,Qo-OCSD RlW' "SOURCES DIP T140620427 7-074 P.0041009 F-623 premiums,but Employee shall relmburse District by payroll deduction or other agreement with the Finance Department for any amounts that,when added to the cost of all other benefits shown on Exhibit"A',exceed the 38% allowance. Section e: District's Steering Commltteeshall meetwith General Manager approximately June 1"of each year during the term of this contract,to review his performance aver the prior year. The Steertng Committee shall make its recommendation(s)to the Board of Diraclors concerning adjustment to the compensation and/or benefits paid or provided to General Manager, to be effective on July 1M of the year of review. After consideration of the recommendation(s) of the Steering Committee, the Board of Directors shall determine and approve the compensation, including benefits,payable to General Manager for the following year. Section 7: General Manageragreas to have a comprehensive medical examination each year,employmentshall not,however,be contingent upon the results of the medical examination.A statement setting forth the medical competency of General Manager to perform his job duties shall be filed with the Chairof the Board.Such Information shall be treated as confidential information by the Chair of the Board,and shall not be released for any purpose,except with the express written consent and autlarization of General Manager.The full cost of said annual exarination and report is to be paid by District and shall not be considered a benefit, as provided in Section 5 above. Section 8: General Managershall be entitled to select and receive,in accordance with Section 5 above,vacation leave at the rate of two hundred and twenty(220)hour•.;per year,subject to a maximum of two hundred(200)hours that may be carried forward into a subsequent calendar year. In the event General Manager has accrued more than two hundred (200)hours of vacation leave at the commencement of the calendar year,all hours In excess of two hundred(200)shall be removed from General Manager's record, and compensation therefore shall be paid by District to Genera) Manager, at a rate equivalent to his then hourly rate of pay, based on his annual base salary. Section 9: General Manager shall be entitled to select and receive,in accordance with Section 5 above, sick leave at the rate of forty(40) hours per year. The provisions relating to all management employees regarding annual pay-0ff of accrued sick leave shall be applicable to General Manager. Section 10: Effective July 11,2003.General Manager shall accrue personal leave at the 3 n:Wrp�1D,OeyaMTCOariUOTSNMennn Contra,-SECONDn ENOMEnT'DFA DX Ju442-2004 10:462e From-OCSD NUW" 73011110ES DEP r140620421' T-AN P.006/000 F-023 rate of two hundred and Tory(240)hours per year and will no longer acerue vacation leave or sick leave,as provided for in Section S and Section 9 above. Vacation and sick leava balances will be subject to the annual payoff of leave balances relating to allemployees,as provided by the Human Resources Policy No.D10.00 Sections 4.1.1 and 4.2.3.as amended.Personal leave accruals shall not exceed We hundred(500)hours as of December3l of each year.Any hours.In excess of said limit, will be paid to the General Manager in January in an amount equal to the hourly rate of compensation. Section 11: General Manager shall be a member participant in the Orange County Employees Retirement System ("OCERS"). District shall pay the full amount of the required employee contribution and the full amount of the employer's contribution for GGsnerai Manager's membership in OCERS.The amountof the General Manager's employee contribution paid by the District sball be deemed sn"Employer Pick Up"for Internal Revenue Code purposes.The employee contrbution amounts shalt be charged and included within the limits of the benefits package,as set forth In Section 5 above. Section 12: Dlstrictshall payforall General Manager's educatlon-related expenses after rainewand approval by District's Steering Committee.These educadon-related expenses shall be in accord with the criteria established by District budget and applicable policy Resolutions,and shall not be considered a benefit,as provided In Section 5 above. Sects 3: District shall reimburse General Manager for all expense::paid by him and incurred for District business.The reimbursement shall be in accord with the criteria established by District budget and applicable policy Resolutions,and shag notbe considered a benefit,as provided in Section 5 above. Sectlon '14: During the term of this Second Amended Contract of Emplo!m3ent,it is agreed that General Managershall devote his full time,skills,labor,and attention to said employment.Arno time may General Manager undertake outside activities consisting of consultant work, speaking engagements, writing, lecturing, or other similar professional activities for money or other consideration without prior approval of District's Steering Committee.However,the expenditure of reasonable amounts of time foreducatlon,charitable,or professional activities shall notbe deemed a breach of this Second Amended Contract of Employment if those activities do not materially interfere with the services required under this Second Amended Contract of Employment,and shall 4 Hb 95 SMGffirEMT CQVTR CTSW *a n Con4Ml•SECOND nMFHDMDn-W" DOC 'Ju1-22-2000 10:00m FrwOCSD alDe-' "SOURCES DEP 114962042T T-074 P.006/001 F-621 not require the prior written consent of the Steering Committee. Section 15: District may terminate General Manager without advantx notice, for any reason,no reason,with orwithout cause,and in its sole discretion.General Manager shall have no right to appeal or grievance procedure,since the Parties acknowledge and agre6 that he serves at the pleasure of the Board of Directors. In consideration therefore,and except as provided in Section 16 below,upon termination,District shall pay General Manager severance pay in an amount equal to silk(6)months of his then current salary. Section 16: Notwithstanding Section 15,District mayterminate General Manager,without payment of severance pay,upon the occurrence of either of the following: A. Conviction of a felony or misdemeanor involving moral turpitude;or B. A determination by a Court of competentiuriediction,or the State of California Fair Political Practices Commission,that the General Manager knowingly and unlawfully participated In a government decision in which he had a conflict of interest,as defined in California Government Code Sections 87100 at seq., or California Government Code Sections 1090 at seq. Section 17: General Manager may terminate this Second Amended Contract of Employment at any time, for any reason, fallowing sixty(60)days'written notice to the Board of Directors.Voluntary termination by the General Manager shall not require payment of severance pay by DistricL Sectlonla: The terms and conditions of General Manager's employment including other employment benefits for General Manager not specifically provided for In this Second Amended Contract of Employment, shall also be governed by Human Resources Polices Resolution No. OCDS 08-33, adopted by the Board, and as amended from time to time, to the extent not inconsistent with the provisions of this Second Amended Contract of Employment.In the event of any such inconsistency or conflict,the provision of this Second Amended Contract of Employment shall govern. Secldon '19: This Second Amended Contract of Employmont supersede:any and all other Agreements,either oral orin wnting,and specifically,but not limited to,the Contract of Employment dated May 13. 2000, between the Parties hereto with respect to the employment of Blake P. Anderson by District, and all of the covenants and agreement between the Panies with respect to 5 Ktle 51008 rI C'ONIMCISUn6Mre1 COW-SVC Mff MNT-BPADOC JW-ti-i00d 10:60r. From-OCSD XUW" 'SOURCES DEP 714062UtT T-674 P.007/009 F-623 that employment in any manner whatsoever. Each Party to this Second Amended Contract of Employment acknowledges that no representation,Inducement, promise,or agreement,orally or otherwise, has been made by any Party, or anyone acting on behalf of any Parry, which Is not embodied herein,and that no other agreement,statement,or promise not contained In this Second Amended Contract of Employment shall be valid or binding on either Party. Section 20: Any notices to be given hereunder by either Party to the other shall be in writing and may be transmitted by personal delivery, or by mall, registered or certified, postage prepaid, with return receipt requested. Mailed notices shall be addressed to She Parties at the addresses maintained In the personnel records of District,but each Party may change that address by written notice in accordance with this Section. Notices delivered personally shall be deemed communicated as of the date of actual receipt:mailed notices shell be deemed communicated as of the date of mailing. Seetlon 27: Any modification of this Second Amended Contract of Employment will be effective only if set forth In writing and signed by the Parties. Section 22: The fallure of either Party to Insist on strict compliance with any of the terms, covenants,or conditions of this Second Amended Contract of Employment by the other Party,shall not be deemed a waiver of that term,covenant,or condition,nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times. IN WITNESS WHEREOF,the parties hereto have executed this Second Amended Contract o1 Employment on the day and year first above written. "DISTRICT" ORANGE CO��UNTY,p+SANITAATION DISTRICT Chair,Board f Directors By: .r f% Sepstery, erd of DI reqtprs 6 Mo pN IDZMn EMT CONTMCTSWWe"m Cmu,cl-SECOND AMENOMEm-BPADOC Jw-22-2004 10:60mm From-OCSO 0UW" -`.SOURCES DIP 7146020417 T-IT4 P.001/001 F-623 "GE;m�� Blake P.Ari-de—REo APPROVED AS TO FORM, THOMAS L.WOODRUFF DISTRICT COUNSEL 7 KWW '1P6ENEMf WNiMCiSWtlenon CemnO.SECOND/JIE WW-BPA 71W200a BmeRt Malys-is for Blake Anderson 4.28 PM nw0 � 2MA4 cwe•.rm n.0 - g.,,v.vvvv sw •ea.e m �a,rtla.en � 5a91914 $19930T � TI¢Fav m erva NattrWWMn%helm.Seda ua..unvses.sd¢ Im.ndhaF v.Mn.sw¢ m mno.ea,N alm,lat a7D9,05a a a.emi. n moeEu '� vsxd rrF arrq _ b .oY¢zneRlleorne a 1],119 s te.ofo s �,][2 muxvala l.A Houn wm won mwmew I...i eeos.F t0a 59.92T im 510, Im v41M ipiu VwvE 369 �•$1 , 4 $SG9T6 vs Brwlis mft�M-'.EE-� UCh WEE ERB% $1s. B -,Sb •m YM-1.EEfE aa. tT .. wY,FF.4FE•FA 35.`bT c�nvH1 EE.i.EE•FA Sfi,e ptpvAZ,'d EE1Ep .FF•fR 6 EI b•91]B SIR 5200 IzlanSIHI pwA S10INa easw $19 s2s,430 TT•. TOraE vwvEa atw4lis 37zw SMA0E flllu e iW W,.IMGba $T90% ]]!Y. y.eM o' awm,ed.w]lean ]EMAWY.SeC{ 6a >T�� ]AbBY 9Tdi/A.3'26 S R<II U%blil ffi\IgYy,5wy6 f N41 ]RY6N amtlMMv+llbvwnl µvyEedWO�C A% 1 10T hcll,hnuem RY i RJ.nlvdla wv)SL f ]] "' Jury 2002-J1me 200a SNrlYCCraeke! a^_r6fV71.l�W 43m¢el+Nlvrovsedw m...smrt uxn e.eencv�.�.... MP]Oval: ey STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) Pursuant to California Government Code Section 54954.2, 1 hereby certify that the Notice and Agenda for the Special Board Meeting of Orange County Sanitation District, to be held on a D 20,5 was�dullyyy posted for public inspection in the main lobby of the Districts' offices on , 20 gS— INN WITNESS WHEREOF, I have hereunto set my hand this day of 2005 u 9/?- Penny M. Kyfd, Secretary Board of Directors Orange County Sanitation District H:\wp.dtMadmiMBS\FORMS\F27E H:\DEPT\PA\320\BVFORMS\AGENDA CERTIFICATION-SPECIAL MTGAOC AGENDA BOARD OF DIRECTORS ORANGE COUNTY SANITATION DISTRICT DISTRICT'S ADMINISTRATIVE OFFICES 10844 ELLIS AVENUE FOUNTAIN VALLEY, CA 92708 SPECIAL MEETING July 20, 2005—8:30 P.M. Agenda Postino: 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 24 hours prior to the meeting date and time above. All written materials relating to each agenda Item are available for public Inspection in the office of the Board Secretary. 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 Board Secretary'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. Items Continued: Items may be continued from this meeting without further notice to a Committee or Board meeting held within five(5)days of this meeting per Government Code Section 54954.2(b)(3). Meetino Adiournment: 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). 1. Invocation and Pledge of Allegiance 2. Roll Call 3. Appointment of Chair pro tem, if necessary 4. Public Comments: All persons wishing to address the Board on specific agenda items or matters of general Interest should do so at this time. 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 Board of Directors except as authorized by Section 54954.2(b). ' 07/20/05 Page 2 5. The Chair, General Manager and General Counsel 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. a. Report of Chair; consideration of Resolutions or recommendations, presentations and awards b. Report of General Manager C. Report of General Counsel CONSENT CALENDAR 6. a. No items to be considered. END OF CONSENT CALENDAR 7. Consideration of items deleted from Consent Calendar, if any. NON-CONSENT CALENDAR 8. PUBLIC EMPLOYEE EMPLOYMENT, EVALUATION OF PERFORMANCE, DISCIPLINE, AND/OR DISMISSAL: GENERAL MANAGER a. Open session, if necessary 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 64956.8, 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 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. b. Convene in closed session, if necessary 1. Convene in dosed session to consider General Managers Employment, Evaluation of Performance, Discipline, and/or Dismissal pursuant to Government Code Section 54957. C. Reconvene in regular session d. Consideration of action, if any, on matters considered in closed session 07/20/05 Page 3 9. Matters which a Director may wish to place on a future agenda for action and staff report. 10. Other business and communications or supplemental agenda items, if any 11. Adjournment ..---_.................._.__.._._._.........._.....___._...._,._......._......----..........._....... NOTICE TO DIRECTORS:To place items on the agenda for the Regular Meeting of the Board of Directors.Items shall be submitted to the Board Secretary no later than the close of business 14 days :preceding the Board meeting. The Board Secretary shall include on the agenda all items submitted by .Directors, the General Manager and General Counsel and all formal communications. i iGeneral Manager Blake Anderson (714)593-7110 bandersonralocsd.com Board Secretary Penny Kyle (714)693-7130 Dkvlegbocsd.com i Director/Engineedng David Ludwin (714)593-7300 tlludwin0ocsd.com Director/Finance/Treasurer(Acting)Mike While (714)593-7570 mwhite0ocsd.com 1 Director/Human Resources Lisa Tomko (714)593-7145 IlomkoOocsd.com Director/Information Technology Patrick Miles (714)593.7280 Dmilesr000csd.com Director/Operations& Maintenance Jim Herberg (714)593-7020 iherberaL@ csd.com IDireclor/Techniwl Services Bob Ghirelli (714)593-7400 mhirelliLciocsd.ccm i Director/Public Affairs Carol Beekman (714)593.7120 cbeekmanOocsd.com Director/Regional Assets 8 :Services Nick Amontes (714)593-7210 narhontes0ocsd.com :General Counsel Brad Hogin, �7 14)664-2606, brh wss-law.com H:bepeagendMBoard AgendaM2005 Board Agendas1072005 special meeting agenda.doc