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Home My WebLink About01-28-2015 Steering Committee MinutesMINUTES STEERING COMMITTEE MEETING Orange County Sanitation District The Steering Committee meeting convened on Wednesday, January 28, 2015 at 5:00 p.m. in the Administration Building of the Orange County Sanitation District. A quorum was declared present, as follows: COMMITTEE MEMBERS PRESENT: Tom Beamish, Chair John Nielsen, Vice-Chair Greg Sebourn, Operations Committee Chair John Withers, Administration Committee Chair Keith Curry, Member-At-Large Steve Jones, Member-At-Large David Shawver, Member-At-Large COMMITTEE MEMBERS ABSENT: None. STAFF PRESENT Jim Herberg, General Manager Bob Ghirelli, Assistant General Manager Jeff Reed, Director of Human Resources Rob Thompson, Director of Engineering Lorenzo Tyner, Director of Finance & Administrative Services Maria E. Ayala, Clerk of the Board Jennifer Cabral Jim Colston Ron Coss Mark Esquer Norbert Gaia Al Garcia Stephanie Good Rebecca Long Kelly Lore Andrew Nau Rich Spencer OTHERS PRESENT: Brad Hogin, General Counsel Steve Filarsky, Consultant Kathy Jensen Matthew Kaplan Jim Ruth, Consultant Melissa Thorme Minutes of the Steering Committee January 28, 2015 Page 2 of 7 PUBLIC COMMENTS: None. REPORTS: Chair Beamish briefly reported on the recent LaPA Committee meeting. LaPA is being presented tonight to the Board on the Rules of Procedure resolution to be acknowledged as a standing committee. He also announced that the GWRS Chair position rotates by agency, and this year he will be the GWRS Chair. General Manager Herberg did not provide a report. CONSENT CALENDAR: 1. MOVED, SECONDED, AND DULY CARRIED TO: Approve Minutes of the December 17, 2014 Steering Committee Meeting. AYES: NOES: ABSTENTIONS: ABSENT: Beamish, Curry, Jones; Nielsen, Shawver, and Withers None None Sebourn NON-CONSENT CALENDAR: Assistant General Manager, Bob Ghirelli, introduced Item No. 2. He briefly highlighted some of the items on the proposed plan. 2. MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: Approve the Orange County Sanitation District 2015 Legislative Plan. AYES: NOES: Beamish, Curry, Jones; Nielsen, Shawver, and Withers None Minutes of the Steering Committee January 28, 2015 Page 3of7 ABSTENTIONS: None ABSENT: Sebourn Assistant General Manager, Bob Ghirelli, introduced Item No. 3. He briefly highlighted the areas of change: LaPA into a standing committee and change in meeting start times. 3. MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: Adopt Resolution No. OCSD 15-01, entitled, "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 10-06." AYES: NOES: ABSTENTIONS: ABSENT: Beamish, Curry, Jones; Nielsen, Shawver, and Withers None None Sebourn Jim Ruth, District Consultant on Labor Negotiations, introduced Item No. 4. Mr. Ruth reported on the negotiations process and timeline, and coming to the agreement with the labor unit on the proposed MOU tonight. 4. MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: Adopt Resolution No. OCSD 15-02, entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District approving the Memoranda of Understanding between the Orange County Sanitation District and the Supervisory and Professional Management Group, for Fiscal Years 2013/2014, 2014/2015 & 2015/2016." AYES: NOES: Beamish, Curry, Jones; Nielsen, Shawver, and Withers None Minutes of the Steering Committee January 28, 2015 Page 4 of 7 ABSTENTIONS: None ABSENT: Sebourn General Manager, Jim Herberg, introduced Item No. 5. Mr. Herberg explained the status of the following unrepresented employees, and the process for providing these employees with the same proposal (terms) as to those employees in Agenda Item No. 4. 5. MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: Adopt Resolution No. OCSD 15-03, entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District approving Salary and Benefit Adjustments for Unrepresented Exempt Confidential Employees for Fiscal Years 2013/2014, 2014/2015 & 2015/2016." AYES: NOES: ABSTENTIONS: ABSENT: Beamish, Curry, Jones; Nielsen, Shawver, and Withers None None Sebourn General Counsel, Brad Hogin, announced that although he represented the District in the legal proceedings with this matter, he is the primary legal advisor for the Steering Committee, and as such will recuse himself from this matter. He announced the District has hired two attorneys to handle this matter moving forward. Dr. Ghirelli introduced Kathy Jenson who will now be the legal advisor to the Steering Committee in this matter beginning with tonight's meeting and through the hearing process. The District has also hired outside counsel, Melissa Thorme, to prosecute the case before the Steering Committee. Dr. Ghirelli also introduced Matthew Kaplan (attorney representing Klean Waters) who was in the audience. Dr. Ghirelli explained the action that was being sought tonight are in three parts: (1) granting the request for a hearing; (2) set a date and time for the hearing; and (3) determine the procedures for the hearing. Ms. Jenson made the following recommendations on the hearing procedures to the Minutes of the Steering Committee January 28, 2015 Page 5 of7 Steering Committee: - A maximum of 2 hours per side (for a total of 4 hours); and Based on her analysis and to ensure due process to both sides of the appeal, that this be considered a de nova review; and Limit the evidence to what has been submitted before the Hearing Officer with one caveat, there are some additional documents that have been submitted with the appeal. Ms. Jenson recommends that these documents be accepted with a justification as to why they were not originally submitted to the Hearing body, and then the Steering Committee can decide whether or not to hear this evidence. That way they are given an opportunity to present their full case before the Steering Committee; and There will be no calling of live witnesses during each party's two-hour time; it will basically be argument of counsel based upon documents and briefings that they have submitted; and There has been some additional briefings submitted by the appellants; and to be fair she recommends allowing the submittal if anybody else wants to submit additional briefings with the cutoff for receipt of submittals of at least 5 days before the hearing date. No more than 20 pages per party. Ms. Jenson also explained that the Steering Committee is the final determination in this matter, any action beyond this to challenge with the determination of the Steering Committee is, would be going to court. She informed the Steering Committee that they do have flexibility to modify all or any part of the findings as part of the de nova hearing process. A decision by the Steering Committee has to be made within 65 days of the hearing date. The Steering Committee may either go straight into deliberations, request for a written opinion, and/or reconvene to consider the written opinion, or reconvene at a later date to render the decision of the Steering Committee. Ms. Jenson also informed the Steering Committee that there must be a quorum of the Steering Committee in order to proceed with the hearing, and that the same members that are present in the beginning must be in attendance through the hearing process (or at least a quorum consisting of those individuals). Director Sebourn arrived at the meeting at 5:25 p.m. 6. MOVED, SECONDED, AND DULY CARRIED AS FOLLOWS in the matter of Klean Waters, Inc., Tim Miller and Shaun Miller (Industrial Wastewater Discharge Permit No. 52-1-841): (A) The Steering Committee granted the request for a hearing; and (B) Set the following date and time for the hearing in this matter as: Wednesday, February 25, 2015 commencing at 10 a.m. to 12 p.m. (for one side), 12-12:30 p.m. for lunch break, and 12:30 p.m. to 2:30 p.m. Minutes of the Steering Committee January 28, 2015 Page 6 of 7 (for the other side); and (C) Determine hearing procedures as follows: AYES: 1. 2. 3. 4. 5. NOES: A maximum of 2 hours per side (for a total of 4 hours); and Based on her analysis and to ensure due process to both sides of the appeal, that this be considered a de novo review; and Limit the evidence to what has been submitted before the Hearing Officer with one caveat, there are some additional documents that have been submitted with the appeal. Ms. Jenson recommends that these documents be accepted with a justification as to why they were not originally submitted to the Hearing Officer, and then the Steering Committee can decide whether or not to hear this evidence. That way they are given an opportunity to present their full case before the Steering Committee; and There will be no calling of live witnesses during each party's two-hour time; it will basically be argument of counsel based upon documents and briefings that they have submitted; and There has been some additional briefings submitted by the appellants; she recommends allowing the submittal of additional briefings with the cutoff for receipt of submittals of at least 5 days before the hearing date (no more than 20 pages per side.) Beamish, Curry, Jones; Nielsen, Sebourn, Shawver, and Withers None ABSTENTIONS: None ABSENT: None CLOSED SESSION CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS: 54956.9(d)(2); 54956.9(d)(4); 54957(b)(1) and 54957.6 The Committee convened in closed session at 5:27 p.m. to discuss four items. Confidential minutes of the Closed Session have been prepared in accordance with the above Government Code Sections and are maintained by the Clerk of the Board in the Official Book of Confidential Minutes of Board and Committee Closed Meetings. Minutes of the Steering Committee January 28 , 2015 Page 7 of 7 RECONVENED IN REGULAR SESSION: The Committee reconvened in regular session at 5:55 p.m. CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED SESSION: None . OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: Chair Beamish welcomed Director Shawver as the newest member of the Steering Committee. He also announced that the District, as a new cost cutting measure, has changed the meals that are provided for all committee meetings beginn ing with ton ight's Steering Committee meeting. ADJOURNMENT: The Chair declared the meeting adjou rn ed at 5:55 to the next Steering Committee meeting to be held on Wednesday, February 25 , 2015 at 5:00 p.m. Submitted by: ./