Loading...
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. G By: r Signature wpticc\Bmislr-comm\post,ng Im 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 Ciitl08 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 Beef seven 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 `na 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 OfTF.R1NN N1[Un fMlP1T gyp( WATER gyp[ T T 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 r</w 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, � a 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.