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