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HomeMy WebLinkAbout02-25-2015 Steering Committee Minutes - SPECIALMINUTES OF THE STEERING COMMITTEE SPECIAL MEETING Orange County Sanitation District Wednesday, February 25, 2015 at 9:30 a.m. A Special meeting of the Steering Committee of the Orange County Sanitation District was called to order by Chair Beamish on February 25, 2015 at 9:35 a.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 Keith Curry, Member-At-Large Steve Jones, Member-At-Large David Shawver, Member-At-Large COMMITTEE MEMBERS ABSENT: Greg Sebourn, Operations Committee Chair John Withers, Administration Committee Chair STAFF PRESENT Jim Herberg, General Manager Bob Ghirelli, Assistant General Manager Kelly A. Lore, Acting Clerk of the Board Jana Botzheim Jim Colston, Manager Norbert Gaia Al Garcia OTHERS PRESENT: Kathy Jenson, Rutan and Tucker, Independent Counsel to Steering Committee Melissa Thorme, Downey Brand Special Prosecutor for OCSD Matthew Kaplan, Tucker Ellis LLP, Counsel for Klean Waters, Tim Miller and Shaun Miller William Dance, Tucker Ellis LLP Counsel for Klean Waters, Tim Miller and Shaun Miller Shaun Miller, Klean Waters, General Manager Debra Chadwick, Court Reporter Chair Beamish encouraged the Committee to give their undivided attention to all parties during the hearing; avoid sidebar discussions and use of electronic devices; keep an open mind until the presentations are completed; direct any questions of the attorney's through the Chair by raising of hand; and be mindful of the court reporter, so one person should speak at a time, and speak clearly. 02/25/2015 Steering Committee Minutes Page 1of4 PUBLIC COMMENTS: None. NON-CONSENT CALENDAR: Introductions were made of the parties present. Mr. Kaplan began by stating that he had submitted facts to all parties that Mr. Carmen Trutanich, the lead counsel for Klean Waters, Tim Miller and Shaun Miller, had a medical emergency that has led to this requested continuance. He stated that it is his client's constitutional due process right to have the lawyer they hired, represent them. He feels there is no harm or prejudice to a short continuance. Ms. Thorme objected to a continuance of the hearing, as she feels two of the three lawyers who have been working for Klean Waters are present and capable. She stated there is no certainty that Mr. Trutanich's medical issues will be resolved by the time of a new hearing. She is concerned of the cost to the District with every delay and stated that Klean Waters have a history of asking for continuances. She requested that the Steering Committee deny the continuance. Mr. Kaplan stated that the absence of Mr. Trutanich is a deprivation to his client and that the requests for continuances were not illegitimate or nefarious. He stated that there were legitimate reasons due to OCSD procedural issues. He further stated that the delayed production of outstanding Public Records Act (PRA) requests were also a reason for continuance. His client's fair opportunity to evidence, which lies in the files of the district, is cause for continuance. Mr. Kaplan clarified that the reference to "Klean Waters" is meant in the collective state of "Klean Waters, Tim Miller and Shaun Miller." Chair Beamish stated his support in continuing the hearing for medical reasons. He is also concerned with the pending PRA requests, which he feels the defendant should receive prior to the hearing. Finally, Chair Beamish feels that a full, seven member Steering Committee would be advantageous. Chair Beamish also stated that if the continuance were granted, he would suggest the attorneys provide a single brief, in one book, for easy access and clarity. Vice Chair Nielsen expressed concerns granting a continuance. He questioned staff whether oversight and regular monitoring were being completed at the Klean Waters site. Staff assured the Committee that regular monitoring is ongoing. Director Curry, supports a recommendation to continue as he does not want to leave 02/25/2015 Steering Committee Minutes Page 2 of4 any grounds for appeal. Discussion ensued regarding delivery of outstanding records requests, objections to late briefs, and possible dates for the continuation if granted. Director Shawver stated his objection to granting a continuance as he feels that the facts of the case have been provided to the Committee, and he does not feel that the absence of one person can change the facts. 1. MOVED, SECONDED AND DULY CARRIED TO: A. Grant Klean Waters' request for a continuance of the hearing to a date to be determined at this meeting; all arguments should be put into one consolidated brief which should be delivered to the Board by 5:00 p.m. fifteen (15) days prior to the hearing date; and that all requested Public Records information be made available no later than 5:00 p.m. fifteen (15) days prior to the hearing date. AYES: Beamish, Curry and Jones NOES: Nielsen and Shawver ABSTENTIONS: None ABSENT: Sebourn and Withers The attorneys for Klean Waters requested that the outstanding Public Records Act requests be provided to them at least 20 days prior to the hearing to allow time to prepare their brief. After discussion OCSD staff stated that the documents would be provided by March 6, 2015 and it was agreed by all that the briefings would be delivered 10 days prior to the hearing on March 17, 2015. MOVED, SECONDED AND DULY CARRIED TO: B. Set the new date for the continued hearing to be March 27, 2015 at 9:30 a.m. with briefings from all parties due by March 17, 2015. AYES: Beamish, Curry, Jones, Nielsen and Shawver NOES: None ABSTENTIONS: None ABSENT: Sebourn and Withers At the request of Mr. Kaplan, Chair Beamish ordered the deletion of both parties 02/25/2015 Steering Committee Minutes Page 3 of 4 PowerPoint presentations which had been submitted to staff, but had not yet been presented. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: None. ADJOURNMENT: The Chair declared the meeting adjourned at 10: 17 a.m . to the next Steering Committee meeting to be held on today , February 25, 2015 at 5:00 p.m. Submitted by: 02/25/2015 Steeri ng Committee Minutes Page 4 of 4