HomeMy WebLinkAbout1996-03 _ County Sanitation Districts
In the OBici ofiha Sscrotary �' of Orange County,California
County Sanitation DoVid(s) P.O.Box 8127 * 10844 Ellis Avenue
No($) .9 d 4 rir/ Fountain Valley,CA 9272"127
APR 241996 t DRAFT Telephone: (714)962-2411
By '� A"INUTES OF THE STEERING COMMITTEE
Wednesday, March 27, 1996. at 5:30 p.m.
A meeting of the Steering Committee of the County Sanitation Districts Nos. 1, 2, 3, 5, 6, 7, 11. 13
and 14 of Orange County, California was held Wednesday, Wednesday, March 27, 1996, at 5:30
p.m., at the Districts'Administrative office.
(1) ROLL CALL
The roll was called and a quorum declared present, as follows:
STEERING COMMITTEE: OTHERS PRESENT:
Thomas L. Woodruff, General Counsel
Present: Nancy Whitehead, Special Counsel
John C. Cox, Jr., Joint Chair
Peer A. Swan, Vice Joint Chair STAFF PRESENT:
George Brown, Chair, FAHR Donald F. McIntyre, General Manager
John J. Collins, Chair, PDC Blake P. Anderson, Assistant General Manager
Pat McGuigan, Chair, OMTS Judith A. Wilson, Assistant General Manager
Roger Stanton, Vice Chair, FAHR Jean Tappan, Committee Secretary
Absent:
None
(2) APPOINTMENT OF CHAIR PRO TEM
No appointment was necessary.
(3) PUBLIC COMMENTS
There were no comments by any member of the public.
(4) APPROVAL OF MINUTES
The minutes of the February 28, 1996 Steering Committee meeting were approved as
drafted.
Minutes of the Steering Committee Meeting
Page 2
March 27, 1996
(5) REPORTS OF THE COMMITTEE CHAIR, GENERAL MANAGER AND GENERAL
COUNSEL
(a) Report of the Committee Chair
There was no report by the Committee Chairman.
(c) Report of General Counsel
Special Counsel Nancy Whitehead updated the Steering Committee on recent
activity re the Sangermano v. OCSD case. The trial date is set for May 6 in
Department 93. There are two motions to be heard before that time that may
affect the trial start date; one is a summary judgment on the issues of exhausting
existing remedies and the other to declare three employees immune because they
are not party to the action. On April 5 discovery depositions will held. There has
been no settlement demand. There is a settlement conference scheduled for
March 29 at 3 p.m. The MSC was discussed and expenses were reviewed.
General Counsel will make another report after the General Manager's Report
(b) Report of General Manager
Blake Anderson reported on the ongoing investigation at Boise Chica State Beach
to determine the reason for high readings at the monitoring station near the park.
One-half of the line was televised and numerous cracks and disalignments were
found. Staff estimates that it will cost about$500,000 to replace the line and with
the State's budget process the repairs or replacement will never be completed in
time for the heavy use during the summer months. One possibility being evaluated
and discussed is for the State and the Sanitation Districts to enter into an
agreement whereby: the Sanitation Districts makes the repairs and bills the State;
or a lease-purchase agreement be executed with a maintenance clause. Should
the Districts repair this line, part of the costs might be considered a'trade off"of
any fine for the discharge in Newport Beach.
Director Collins expressed concern about how these actions would be viewed by
others if we went forward, and directed staff to contact the state to see if they
acknowledge the problem and have the funds to fix it before the Districts take any
action.
Director Swan suggested putting the pressure on the State first and also have the
County apply pressure on the Regional Water Quality Control Board for dumping
violations to the ocean.
(1) Don McIntyre discussed the Executive Management Retreat scheduled for
Thursday, March 28,wherein staff will be discussing, among other items,
the EMA competitiveness report, ten-year staffing trends, looking at the
budget and how to get to $550 per million gallons target for next year(a 6%
reduction), critical goals and department responsibilities.
Minutes of the Steering Committee Meeting
Page 3
March 27, 1996
(2) The EMA Competitive Study, which indicated that OCSD staffing numbers
may be between 20 and 30% high compared to privatized systems, was
discussed and staff was directed to eliminate the EMA presentation from
the agenda for the Joint Boards Meeting in April. The Committees will
receive briefings, however. Don indicated that attrition would reduce
staffing levels by about 20% over the next five years. In next years budget
there is $200,000 allocated for a staffing study. The employees are aware
of this report and it has been discussed with them.
Director Swan suggested that staff set targets and goals and develop an
action plan on how to accomplish the reduction of staff as soon as possible
because the public would not buy a five-year reduction plan.
(3) Judy Wilson reported that five proposals were submitted on the Financial
Information System and they are being evaluated at this time. A
recommendation will be presented at the April FAHR Committee and
forwarded for approval to the Joint Boards at the April meeting. The
recommendation will include the costs for training and data conversion.
Director Swan requested that the process be done as quickly as possible.
(c) Additional Report of General Counsel
General Counsel briefed the Committee on the Serantino v. OCSD lawsuit re
unlawful termination. OCSD submitted a settlement proposal which was countered
with unacceptable conditions. Blake Anderson indicated that there would be a
position available without"bumping'other employees. The Districts' appeal is
going forward.
(6) DISCUSSION ITEMS
(a) Status Report on Landfill Acquisition
Blake Anderson reported on recent activities. Don McIntyre reported that he met
with the Irvine Council and they were supportive of our efforts to acquire the landfill
system. The draft letter to the County withdrawing our offer to purchase the landfill
system was discussed. The letter was approved with several minor word smithing
changes. The draft letter and a press release will be presented for approval to the
Directors at the Joint Boards Meeting following the Steering Committee meeting,
Director Stanton stated that he and Director Steiner were very appreciative of the
work staff has done on this issue.
A discussion followed on steps to take to get the $100,000 non-refundable
payment returned because the County did not act in good faith. This will be further
discussed at tonight's Boards meeting.
(b) Status Report on '96-97 Budget Process
This item was not discussed.
Minutes of the Steering Committee Meeting
Page 4
March 27, 1996
(c) Action Items Scheduled to be Reviewed by Committees in April
This item was not discussed.
(7) CLOSED SESSION
There was no closed session.
(8) OTHER BUSINESS
There was no other business discussed.
(9) MATTERS TO BE REPORTED AT A SUBSEQUENT MEETING
There were no matters for a subsequent meeting.
(10) MATTERS ON A FUTURE AGENDA FOR ACTION AND A STAFF REPORT
There were no matters for a future agenda.
(11) CONSIDERATION OF UPCOMING MEETINGS
The next meeting has been scheduled for April 24, 1996 at 5:30 p.m.
(12) ADJOURNMENT
The Steering Committee adjourned at approximately 7:04 p.m.
S milted by:
J Tappan, Steefingtommittee Secretary
YVLl4M5f MM M. .21W MI.
STATE OF CALIFORNIA )
) SS.
COUNTY OF ORANGE )
Pursuant to California Government Code Section 54954.2, I hereby certify that the Notice
and the Agenda for the Steering Committee meeting held on Wednesday, March 27, 1996, was
duly posted for public inspection in the main lobby of the Districts' offices on March 22, 1996.
IN WITNESS WHEREOF, I have hereunto set my hand this 27th day of March, 1996.
ar
Penny Kyle, Se e ry each of the Boards of
Directors of Cou y S tation Districts Nos. 1, 2, 3,
5, 6, 7, 11, 13 & 14 o range County, California
Posted: March 22 , 1996, 11 qS .M.
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By: r
Signature
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Via.. COUNT), . ANITATION DISTRICTS OF 06a,JGE COUNTY, CALIFORNIA
Board Secretary(2)
Phone: March 22, 1996
(7141962z411
mailing address:
P.O.8.8127
Fountain valley,C4
92728E127
street address: NOTICE OF MEETING
10844 Ellis Avenue
Fwn 92 0S7D18 STEERING COMMITTEE
COUNTY SANITATION DISTRICTS
Member NOS. 1, 2, 3, 5, 6, 7, 11, 13 AND 14
Agencies
• OF ORANGE COUNTY, CALIFORNIA
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Anaheim Brea WEDNESDAY, MARCH 27, 1996 - 5:30 P.M.
Buena Perk
Cypress
Fountain Yalley
Fullarth
Huntington Beach DISTRICTS' ADMINISTRATIVE OFFICES
Beach
Irvin. 10844 ELLIS AVENUE
Le Habra
Le Palma FOUNTAIN VALLEY, CALIFORNIA 92708
Los Alamitos
Newport Mason
Orange
Placenw
Santa Ana
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Stanton A regular meeting of the Steering Committee of the Joint Boards of Directors
mew of County Sanitation Districts Nos. 1, 2, 3, 5, 6, 7, 11, 13 and 14 of Orange
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Park
Yorba Linda County, California, will be held at the above location, date and time.
Linda
County of Orange
Sanitary Districts
Costa Mesa
Garden Grave
Midway City
Water Districts
Irvine Ranch
A Public Wastewater and Environmental Management Agency Camminad to Protecting the Environment Since 1954
0
STEERING COMMITTEE
Roll Call:
Meeting Date: March 27, 1996 Meeting Time: 5:30 p.m.
Meeting Adjourned:
Committee Members
John C. Cox, Jr., Joint Chair . . . . . . . . . . . . . . _
Peer A. Swan, Vice Joint Chair . . . . . . . . . . . _
George Brown, Chair, FAHR . . . . . . . . . . . . .
John J. Collins, Chair, PDC . . . . . . . . . . . . . .
Pat McGuigan, Chair, OMTS . . . . . . . . . . . . .
Roger Stanton, Vice Chair, FAHR . . . . . . . . .
Others Present
Thomas L. Woodruff, General Counsel . . . .
Staff Present
Donald F. McIntyre, General Manager . . . . . . _
Blake P. Anderson, Asst. General Manager . . _ _
Judith A. Wilson, Asst. General Manager . . . . _
Jean Tappan, Secretary . . . . . . . . . . . . . . . . .
c: Board Secretary
Lenora Crane
AGENDA
STEERING COMMITTEE
JOINT BOARDS OF DIRECTORS
COUNTY SANITATION DISTRICTS
NOS. 1, 2, 3, 5, 6, 7, 11, 13 AND 14
OF ORANGE COUNTY, CALIFORNIA
DISTRICTS' ADMINISTRATIVE OFFICES
10844 ELLIS AVENUE
FOUNTAIN VALLEY, CALIFORNIA 92708
REGULAR MEETING
WEDNESDAY, MARCH 27, 1996 - 5:30 P.M.
In accordance with the requirements of California Government Code Section 54954.2,
this agenda has been posted in the main lobby of the Districts'Administrative Offices not less
than 72 hours prior to the meeting date and time above.
In the event any matter not listed on this agenda is proposed to be submitted to the
Committee for discussion and/or action, it will be done in compliance with Section 54954.2(b)
as an emergency item or that there is a need to take immediate action which need came to
the attention of the Committee subsequent to the posting of the agenda, or as set forth on a
supplemental agenda posted in the manner as above, not less than 72 hours prior to the
meeting date.
�..._............................................................._......_.............._......_.............._.................................... —.............
(1) Roll Call
(2) Appointment of Chairman Pro tem, if necessary.
(3) Public Comments: All persons wishing to address the Committee on specific
agenda items or matters of general interest should do so at this time. As
determined by the Chairman, speakers may be deferred until the specific item is
taken for discussion and remarks may be limited to five minutes.
Matters of interest addressed by a member of the public and not listed on this
agenda cannot have action taken by the Committee except as authorized by
Section 54954.2(b).
-1-
March 27, 1996
(4) Consideration of motion to approve Minutes of Steering Committee Meeting held
February 28, 1996.
(5) The Committee Chairman, General Manager and General Counsel may present
verbal reports on miscellaneous matters of general interest to the Committee
Members. These reports are for information only and require no action by the
Committee Members.
(a) Report of Committee Chairman
(b) Report of General Manager
(1) Executive Management Retreat—March 28
(2) EMA Competitive Study
(3) Proposals received for Financial Information System
(c) Report of General Counsel
(6) Discussion Items.
(a) Status Report on Landfill Acquisition (Blake Anderson/Don McIntyre)
(b) Status Report on '96-97 Budget Process
(c) Action Items Scheduled to be Reviewed by Committees in April
(7) Closed Session.
Closed Session: Dunng the course of conducting the business set forth on this
agenda as a regular meeting of the Committee,the Chairman may convene the
Committee in closed session to consider matters of pending real property negotiations,
pending or potential litigation,or personnel matters,pursuant to Government Code
Sections 54956.8.54956.9, 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 Committee during a permitted closed session and
are not available for public inspection. At such time as final actions are taken by the
Committee on any of these subjects,the minutes will reflect all required disclosures of
information.
-2-
March 27, 1996
(a) Convene in closed session, if necessary.
(b) Reconvene in regular session.
(c) Consideration of action, if any, on matters considered in closed session.
(d) Report on discussion taken in closed session, as required.
(8) Other business, if any.
(9) Matters which a Director would like staff to report on at a subsequent meeting.
(10) Matters which a Director may wish to place on a future agenda for action and a
staff report.
(11) The next scheduled meeting of the Steering Committee is April 24, 1996.
(12) Adjourn.
Notice to Committee Members:
For any questions on the agenda or to place items on the agenda,Committee members should contact
the Committee Chair or the Secretary ten days in advance of the Committee meeting.
Committee Chair. John C.Cox,Jr. (714)721-8660
Secretary Jean Tappan (714)962-2411. Ext. 2001
(714)962-0356(Fax)
J\WP.'IJ' WSm CCMM\B6W..MIM
-3-
�. STEERING COMMIT1
AGENDA FOR
MARCH 27, 1996
Agenda Item (4): Consideration of motion to receive, file and
approve draft Minutes of Steering Committee
Meeting held February 26, 1996
Summary
Attached are the draft minutes for the February 28, 1996 Steering Committee.
Recommendation
Consideration of a motion to receive, file and approve the draft Minutes of the Steering
Committee meeting held February 28, 1996.
J:\WppIX.10M�SfRGOMMIMrMPPNY C/11
County Sanitation Districts
y of Orange County,California
P.O.Box 8127 o 108"Ellis Avenue
Fountain Valley,CA 92728-8127
Telephone: (714)962-2411
DRAFT
MINUTES OF THE STEERING COMMITTEE
Wednesday, February 28, 1996 - 5:30 p.m.
A meeting of the Steering Committee of the County Sanitation Districts Nos. 1, 2, 3, 5, 6,
7, 11, 13 and 14 of Orange County, California was held Wednesday, February 28, 1996,
at 5:30 p.m., at the Districts' Administrative office.
(1) ROLL CALL
The roll was called and a quorum declared present, as follows:
STEERING COMMITTEE: OTHERS PRESENT:
Thomas L. Woodruff, General Counsel
Present:
John C. Cox, Jr., Joint Chair
Peer A. Swan, Vice Joint Chair STAFF PRESENT:
John J. Collins, Chair, PDC Donald F. McIntyre, General Manager
Pat McGuigan, Chair, OMTS Blake P. Anderson, Assistant General Manager
Roger Stanton, Vice Chair, FAHR Judith A. Wilson, Assistant General Manager
Jean Tappan, Committee Secretary
Absent:
George Brown, Chair, FAHR
(2) APPOINTMENT OF CHAIR PRO TEM
No appointment was necessary.
(3) PUBLIC COMMENTS
There were no comments by any member of the public.
(4) APPROVAL OF MINUTES
The minutes of the January 24, 1996 Steering Committee meeting were approved
as drafted.
Minutes of the Steering C^mmittee Meeting
Page 2 d,
February 28, 1996 W
(5) REPORTS OF THE COMMITTEE CHAIR, GENERAL MANAGER AND
GENERAL COUNSEL
(a) There was no report by the Committee Chairman.
(b) The General Manager reported that staff will be making a presentation on
the spill in Newport Beach at tonight's Board meeting. He said that
personnel actions will be taken but that will not be appropriate for public
discussion.
He also asked that the Steering Committee consider a request from IRWD
that was received after the agenda was prepared. It was moved,
seconded and passed to consider the additional item. IRWD has
requested that the Districts support their Wetlands Water Supply Project
when it is considered by the Regional Water Quality Control Board on
March 8, 1996. After discussion, it was decided that no formal action
would be taken.
The General Manager also informed the Committee on an opinion of
General Counsel regarding conflict of interest as a result of the husband of
the General Manager's executive assistant working for a consultant who
works for the Districts. Because she is not in a position to influence or
make decisions, General Counsel concluded there is no conflict.
(c) There was no report by Counsel.
(6) DISCUSSION ITEMS
(a) Consideration of May 4. 1996 as the next Directors' Strategic Planning
Workshop on Water Reclamation and Conservation
It was agreed that Saturday, May 4, 1996 will be the next Directors'
Workshop to discuss water reclamation and conservation. The decisions
made will impact the Districts' future capital requirements. The consultants
will be available and help with the presentations. The use of a facilitator is
being considered to encourage interaction. The General Manager said
that water reclamation is vital to the southland, but he doesn't want the
Districts to get ahead of the efforts of the Water District. Bill Mills will be
attending the work shop to help make the presentation on their reclamation
study.
Minutes of the Steed— Committee Meeting
Page 3
V February 28, 1996
Chair Cox gave a heads-up on the possibility of IRWD sending their winter
flows directly to OCWD. This issue and the impacts will be considered by
our consultants.
(b) Election of Special District LAFCO Representative.
The Committee chose not to submit a nomination at this time. The
Committee secretary will advise LAFCO tomorrow.
(c) Review scheduled agenda items for Committee action in March.
The list of action items being presented to the Committees in March was
reviewed. Director Swan indicated that he would like the OMITS
Committee to come up with an action plan to reduce costs of operating the
plants. The General Manager indicated that there is a consultant currently
working on this issue and the report will be presented to the committees.
Director Collins mentioned that discussion of a very large change order on
the Pacific Coast Highway project, Contract No. 5-37-3, will be added to
the PDC Committee agenda.
Judy Wilson said that the discussion of in-house legal services will be
moved to April. Chair Cox said that the report can be faxed to the
interested individuals but that the matter will be considered by the FAHR
Committee.
In order to allow adequate time for discussion in Closed Session, the remaining items
were discussed as follows:
(8) OTHER BUSINESS
Judy Wilson submitted a request by the Employees Activities Committee that the
Committee consider funding $3000 to help defray the costs of the picnic and the
Christmas party so that the employees do not have to spend time with fund
raising activities. The general consensus of the Committee was that the General
Manager could provide up to $3000 to assist with these activities. Any
expenditures over $3000 would require additional review.
Minutes of the Steering f',mmiltee Meeting
Page 4 `. �.✓
February 28, 1996
(9) MATTERS TO BE REPORTED AT A SUBSEQUENT MEETING
There were no matters to be reported at a subsequent meeting.
(10) MATTERS ON A FUTURE AGENDA FOR ACTION AND A STAFF REPORT
There were no matters for a future agenda.
(11) CONSIDERATION OF UPCOMING MEETINGS
The next meeting has been scheduled for March 27, 1996 at 5:30 p.m.
(7) CLOSED SESSION
The Committee convened in closed session at 6:25 p.m. pursuant to
Government Code Section 54957 to evaluate the performance of the General
Manager.
The Committee reconvened in Open Session at 7:05 p.m. The Chair reported
that the Committee voted unanimously to forward a finding of an outstanding
performance during the past year of service and to recommend to the Joint
Boards a salary adjustment of ten percent (10%) with $8000 in base pay and
$5000 for merit.
(12) ADJOURNMENT
The Steering Committee adjourned at approximately 7:10 p.m.
Submitted by:
Jean Tappan, Steering Committee Secretary
J WGppPGMVIPtANM E6N] MMIN
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Illll..1E RANCH WATER DISTRICT IS600 Sand Canyon Ava P.O 8ox57000.Irvinc.CA 81619.7000.(7I4)453 5300
February 23, 1996
Mr.Don McIntyre
Orange County Santiation Districts
P.O. Box 8127
Fountain Valley,CA 92728
RE: The Wetlands Water SupplyProjec
Dear Mr.McIntyre:
The Regional Water Quality Control Board(RWQCB)will conduct a hearing on Irvine
Ranch Water District's proposed Wetlands Water Supply Project on March 8, 1996. As
this hearing approaches,we feel its important to demonstrate to the RWQCB that this
project has the support of other water reuse agencies.
As the enclosed fact sheet indicates,the project would provide year round,regional
benefits to both the Newport Bay and San Joaquin Marsh.If approved, this project
would preserve 67 acres of urban,freshwater wetlands,helping to meet the state of
California's goal to increase wetlands 30-50 percent by the year 2010.
The Wetlands Water Supply project would actually improve Newport Bay water quality
by removing 15 tons of nitrogen each year.We have also proposed an enhanced
monitoring program,increasing testing to 19 sites in the duck ponds,San Diego Creek
and the bay.
We anticipate the operation of the wetlands system will be self-sustaining and will have
no economic impact on our customers.
IRWD would appreciate a brief letter of support sent from your agency to the RWQCB.
I have enclosed a sample letter for you to use as a guide,or simply copy. Also enclosed
is a project fact sheet to provide you with current information.
Thank you for taking the time to cast a vote of support for the Wetlands Water Supply
Project. If you have any questions,please contact Ken Thompson,Director of Water
Quality,at(714)453-5850.
Sincerely,
,, /y
Ronald E.Young
General Manager
Supply . -
EL_ January, 1996
Irvine Ranch Water District-A Leader In Water Reclamation
Irvine Ranch Water District (IRWD), a public agency, supplies water, collects and treats wastewater, and
distributes reclaimed water. The District extends from the foothills to Newport Coast, encompassing
approximately 76,000 acres. IRWD is a pioneer in water reclamation and has provided reclaimed water for
irrigation for more than 30 years. Reclaimed water produced and distributed by IRWD meets the highest
State of California standards and is used on parks, playgrounds, lawns, and in toilet facilities in large office
buildings. IRWD is an internationally recognized leader in water reclamation.
Wetlands Water Supply Project
The Wetlands Water Supply Project is a two-year demonstration project designed to enhance the quality of
an existing open water wetlands habitat in the San Joaquin Marsh. The project will use two sources of
water: reclaimed water in the winter and San Diego Creek water in the summer. From late October
through March, up to 5 million gallons per day of reclaimed water will be circulated through waterfowl
ponds and discharged into San Diego Creek. From April through September, up to 3.25 million gallons of
San Diego Creek water will be diverted through the ponds and returned to the creek. The ponds will
remove nitrogen from both sources of water, reducing the nutrients entering Newport Bay. This reduction
In nitrogen will finally allow San Diego Creek to achieve the nitrogen standard set by the Regional Water
Quality Control Board and will help control algae blooms. More than 15 tons of nitrogen will be prevented
from entering Newport Bay, a significant water quality improvement.
Relationship of the Wetlands Water Supply Project to Newport Bay
The Wetlands Water Supply Project will add up to 5 million gallons per day of freshwater to Newport Bay.
The bay holds 4.6 billion gallons and 2.75 billion gallons are flushed daily through tidal action. The project
is very small in comparison to the environmental forces acting on Newport Bay. During public review of the
environmental analysis of this project, the following concerns were resolved through the project's design
and operation:
• Nutrients -The project will reduce annual nitrogen loading by 15 tons.
• Sediment - Reclaimed water is as clear as drinking water. There will not be sediment impacts.
• Salinity -The physical size of the project discharge in relation to Newport Bay and its tidal flushing
is insignificant.
• Public Health -There is no record of illness caused by any use of reclaimed water. The project will
provide only 2 percent reclaimed water at The Dunes and 100 percent reclaimed water is safe for
swimming.
Wetlands Water Supply Project Economics
IRWD will fully fund the project. It is anticipated that the two-year demonstration will cost $2 million and
permanent facilities will cost another $2 million. Through Implementing the permanent project, IRWD
expects operation of the wetlands system to be self-sustaining.
Regional Benefits
• Removes 15 tons of nitrogen from Newport Bay
• Preserves 67 acres of high quality open water wetlands habitat
• Improves Newport Bay water quality
• Institutes a monitoring program that includes 19 sampling sites throughout the ponds, creek and
bay.
For More Information
If you would like additional information, please contact Ken Thompson, Director of Water
Quality, at (714) 453.5850.
r
February 20, 1996
Ms.Joame Schneider
Regional Water Quality Control Board
3737 Main Street,Suite 500
Riverside,CA 92501-3339
Dear Ms.Schneider.
It is time to separate scientific fact from emotionally charged public perception. I support Irvine
Ranch Water District's proposed Wetlands Water Supply Project and understand this is a two-year
demonstration that will be closely monitored
IRWD has an excellent record of meeting the discharge requirements for water reclamation
systems.Tertiary treated reclaimed water is much cleaner than the water currently flowing through
the San Diego Creek and into Newport Bay. If approved,the Wetlands Water Supply Project and
the San Diego Creek Diversion feature would provide year-round regional benefits to both the bay
and San Joaquin Marsh, including:
• Preserving 67 acres of urban,freshwater wetlands
• Removing 15 tons of nitrogen from Newport Bay
• Improving the water quality of Newport Bay
• Instituting a program to increase monitoring to 19 sites in the duck ponds, San Diego Greek
and Newport Bay.
The facts in this case are clear.This environmentally sensitive project provides benefits,not
adverse impacts,to the Newport Bay and the San Joaquin Marsh. I urge the Regional Water
Quality Control Board to approve IRWD's permit.
Sincerely,
John Doe
Letters can also be addressed to:
Christopher Cox, Congressman
United States Congress
4000 MacArthur Blvd, Suite 430
Newport Beach, CA 92660
Marilyn Brewer,Assemblywoman
State of California
18952 MacArthur Blvd.
Irvine, CA 92715
- ��w ornccs o `✓ �
J ROMMF- WOODRUFF & SPRADLIN
MEMORANDUM
TO: Mrs. Jean Tappan
Executive Assistant
FROM: General Counsel
DATE: February 1, 1996
RE: Conflict of Interest Issues
Jean, you have asked for a legal opinion based upon the following facts. Your husband is
an employee of Carollo Engineers ("Carollo'). The Districts have entered into various engineering
contracts with Carollo. It is anticipated that Carollo may contract with the Districts in the future. In
your position as an Executive Assistant, you do not participate in the making of decisions to
contract with Carollo.
QUESTION PRESENTED
Are you subject to any conflict of interest laws?
OPINION
No.
ANALYSIS
The only conflict of interest law that has any bearing on the situation which you have
described is found in the Political Reform Act (California Government Code Sections 81000 at
seq.). The pertinent provisions are found at Sections 87100 and 87103. Section 87100 provides:
"No public official . . . shall make, participate in the making or . . . influence a
governmental decision in which he knows or has reason to know he has a financial
interest."
A "public official" is defined to include all employees of the Districts. (Government Code
Sections 2048 and 82041.)
� � I
Mrs. Jean Tappan t
Executive Assistant
February 1, 1996
Page 2
Section 87103 defines a "financial interest"as follows:
"An official has a financial interest in a decision . . . if it is reasonably foreseeable
that a derision will have a material financial effect . . . on the official or a member of
his or her immediate family or on:
(c) Any source of income . . . aggregating two hundred fifty dollars ($250) or
more in value provided to [or] received by . . . the public official. . . .'
(Emphasis added)
The provisions of the Act, and its implementing regulations, define "material financial effect"
and provide guidance concerning what is 'reasonably foreseeable". However, it is not necessary
to examine these provisions in this case.
Assuming, for purposes of argument, that a District decision to contract with Carollo would
have a material financial effect on either you or your husband, the statutes merely provide that you
refrain from making, or participating in the making, of such a decision. Inasmuch as your duties as
an Executive Assistant do not include such decision making, or participation, the Political Reform
Act imposes no obligations on you.
In reaching this conclusion, we have considered the prohibition set forth in Government
Code Sections 1090 et seq., as well as the common law prohibition against conflicts of interest.
In essence, they adopt the same standard of conduct. That is, public officials must refrain from
making or influencing government decisions that could financially benefit them. So long as you
comply with that guideline, conflict of interest issues will not arise.
If you have any further questions in this regard, please do not hesitate to call.
��HOMAS L WOODRUFF
GENERAL COUNSEL
By !n�
TERFt C. ANDRU
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cc: Mr. D.F. McIntyre
Mr. B.P. Anderson
Ms. J.A. Wilson
Mr. D. Ludwin
STEERING COMMITTEE
AGENDA FOR
MARCH 27, 1996
Agenda Item (5)(b): General Manager's Report
Summary
Attached are copies of documents that the General Manager will discuss in his report to
the Committee.
Staff Recommendation
Information item only.
J\WPDpC\ TRLV.TM196WAAWSBG
March 19, 1996
March 28, 1996
EXECUTIVE MANAGEMENT COMMITTEE RETREAT
ORANGE COUNTY WATER DISTRICT BOARD ROOM
8 A.M. TO 5:30 P.M.
1. EMA Report
-Areas of agreement/disagreement/immediate action 8 - 11 a.m.
- Review of 10-Year Staffing Trends and
Department Head Explanations for past growth
- Identification of Opportunities for Improvement
2. Space Needs- Preliminary Study: How does 11 - Noon
this meld with the new direction for the Districts?
Lunch Noon - 1:30 p.m.
3. FY '97 Budget (Mike White and Brad Cagle) 1:30 - 3 p.m.
Strategies for Meeting a 550 mgd goal.
4. Critical Goals for FY '96- FY '97 Work Plan 3-5 p.m.
5. Evaluation of Day -Where do we go from here? 5 - 5:30 p.m.
DFM:cmc
J:\wPDOC\GM\DFMRETREATS\032896.AGD
Distribution List
Dan McIntyre' Mike Peterman
Blake Anderson Gary Streed
Judy Wilson Michelle Tuchman
Ed Hodges Nancy Wheatley
Steve Hovey Tom Woodruff
David Ludwin
Bob Ooten
C: Linda Eisman
Mike White
Brad Cagle
J:1wPDOC1GM\DFMVRETREATS\032896AGD
CSOOC 0 P.O. Box 8127 0 Fountain valley.CA 92728-8127 0 (714)962-2411
March 6, 1996
MEMORANDUM
TO: All Districts Employees
FROM: Don McIntyre
General Manager /�..
SUBJECT: EMA Competitiveness Study
EMA, a management consulting firm,was here last week to conduct a competitiveness study.
EMA is not a privatizer, but a firm that assists publicly owned and operated utilities in evaluating
their work processes so that they can be competitive with privatizers and contract operators.
EMA evaluated the Districts using the same techniques a privatizer would use. It was a brief,
48-hour study in which they conducted interviews with 31 employees from various areas of the
organization. EMA concluded that our staffing is about 30% over what it would be K the Districts
were following a private-sector model. We believe their findings warrant additional research.
During the next several months we will develop a restructuring plan to reach an appropriate
staffing level for us. We will do this over a five-year periodjhrough the use of new technology,
such as plant automation and the implementation of a Financial Information System, and
through attrition and early retirement
Our goal is to be efficient while maintaining quality. Therefore,we will also be working Districts-
wide to rethink how we do our work and use every opportunity to improve our efficiency. There
may be some work which is not central to our mission which we will no longer do. And, there
may be some work which is more appropriately done by outside resources. Be assured that
employees in those impacted areas will be trained to the greatest extent possible to assume
other jobs within the organization.
I firmly believe that it is in the public interest for the Districts to continue to be publicly owned,
managed and operated. Our job is to protect the public health and the environment, and that is
best done by a public agency with a mission of environmental stewardship. However,to ensure
that we are not a target for privatizers,we need to consider EMA's findings to better understand
how we can operate as efficiently as possible to achieve our mission.
'Reinventing"the Districts is an exciting and challenging opportunity. The EMA study is just a
beginning. We have a lot of work to do to reach our goals. I invite your participation in helping
the Districts to become a model of efficiency and effectiveness in the industry, and I welcome
any suggestions you may have.
DFM:cmc
A1DONSMEMO.
D6A, M,
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mo
March 19, 1996
MEMORANDUM
TO: Judy Wilson, Assistant General Manager
Gary G. Streed, Director of Finance
FROM: Michael D. White, Controller ,AV
SUBJECT: Bid Responses to F.I.S. RFP Vr
We are pleased to have received five bid responses to our F.I.S. RFP. Although we
were hoping for about seven responses, the five we have received are the leading
providers of applications for local government financial systems. Following are the
software companies that have provided bid respon§es:
• PeopleSoft- Oracle Database
• SCT- Oracle Database
• Bi-Tech- Informix Database
• JD Edwards- IBM AS400
• Pentamation- Informix Database - DEC Alpha Server
Our F.I.S. consultant, Dennis Vlasich of Kerry Consulting Group, was present at our bid
opening. He has taken copies of each of the proposals back to his office and will be
calling in at the end of the day to provide us with his cursory evaluation as to whether
the vendors proposals are both responsive and responsible. At that time, we will be
updating our calendar for the completion of the remaining tasks to this project.
CMVPDATATISFISRESP.MDW
CSDOC 0 P.O. Boa 8127 0 Fountain Valley.CA 92728-8127 0 (714)962-2411
STEERING COMMITTEE
AGENDA FOR
MARCH 27, 1996
Agenda Item (6)(a): Status Report on Landfill Acquisition
Summary
Staff will update the Committee members on activities since the March 20 Ad Hoc
Committee meeting.
Staff Recommendation
Information item only.
J:IWPCOL GMSfIl1.OM.AP11BACV!
STEERING COMMITTEE
AGENDAFOR
MARCH 27, 1996
Agenda Item (6)(b): Status Report on '96-97 Budget Process
Summary
Staff is in the process of developing the budget for FY '96-97. A progress report will be
presented at the meeting.
Staff Recommendation
Information item only.
0
J1W Pppc1GM5TRSAATh9GNW RW 68.CVR
`STEERING COMMITT'L'E
AGENDA FOR
MARCH 27, 1996
Agenda Item (6)(C): Review of Agenda Items Scheduled to be
Presented to Committees in April
Summary
In December during the discussions on consolidating committees,staff was directed to routinely prepare a
listing of hems that will be presented to the working committees and the Boards the following month. This
would allow the Steering Committee the opportunity to review these hems early enough to make changes in
the approval process.
The Committee and the hems scheduled for review/action are as follows:
OMTS Committee: 1. OMTS95-041d: Authorize staff to enter into a Three-party Billing
Agreement with SCE for the billing process for the CNG Station.
2. OMTS96-007: Discussion of workforce flexibiltiy and cross training-
information hem.
3. OMTS96-008: Authorize staff to purchase fleet vehicles under State
of California fleet vehicle purchase progam.
4. OMTS96-009: Discussion of Districts'301(h) Ocean Monitoring
Program—Summary Results and Future Direction.
PDC Committee: 1. PDC96.13: Change Order No.1 to Contracts Nos.7-22 and 7-24.
2. PDC96-14: Change Order No.8 to Jobs Nos.Pt-36-1, Pt-38-4 and
P2-43-2
3. PDC96-15: Change Order No.7 and 8 to Job No. P2-43-1.
4. PDC96-16: Approve plans and specifications for Facility
Modifications and Safety Upgrades at Plants 1 and 2,Jobs Nos.
Pl-40-2 and P2-47-2,authorize the General Manager to establish
May 21,1996 as the bid date.
5. PDC96-17: Approve plans and specifications for Compressed
Natural Gas Refueling Station,Job No. P1-51,authorize General
Manager to establish May 21, 1996 as the bid date,and authorize
General Manager to award a construction contract to the lowest
responsible bidder for an amount not to exceed S436,074.
FAHR Committee: 1. Review Legal Services Options.
2. Adopt User Fees for'96-97.
3. Adopt Connection Fees for'96-97.
4. Adopt Annexation Fees for'96-97.
5. Adopt Industrial,Commercial User Fees for'96-97.
6. Monthly COP Rate Report.
7. Monthly Investment Report.
8. Quarterly E&Y Recommendations Status Report
9. Report on Broad-banding Classifications.
10. Quarterly Treasury Report.
Staff Recommendation
Information hem only.
J 1WGDy,1GMlSIF�MMB84.W UIPC.CV0.