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Home My WebLink About1997-02 1 a of the Secret../ "'' County Sanitation Districts :aunty Sanitation Districl(s) of Orange County,California gist l�d�3 S /a 9 r/ /3i/y P. O. Box 8127 * 10844 Ellis Avenue MAR 2 61997 Fountain Valley,CA 92728-8127 B1' 10 / Telephone: (714) 962-2411 a REVISED MINUTES OF THE STEERING COMMITTEE Wednesday, February 26, 1997 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 on Wednesday, February 26, 1997, at the Districts' Administrative Office. ROLL CALL The roll was called and a quorum declared present, as follows: PRESENT: OTHERS PRESENT: John J. Collins, Joint Chair Terry Andrus, Counsel Peer A. Swan, Vice Joint Chair Nancy Whitehead, Special Counsel George Brown, Chair, FAHR Pat McGuigan, Chair, OMTS Sheldon Singer, Chair, PDC STAFF PRESENT: William Steiner, Supervisor Donald F. McIntyre, General Manager Blake P. Anderson, Chief Operations Officer ABSENT: Judith A. Wilson, Chief Administrative Officer Jean Tappan, Committee Secretary None Edwin E. Hodges, Director of General Services Administration David Ludwin, Director of Engineering Doug Stewart, Engineering Manager APPOINTMENT OF CHAIR PRO TEM No appointment was necessary. PUBLIC COMMENTS There were no comments by any member of the public. r � Minutes of the Steering C mittee Page 2 February 26, 1997 RECEIVE, FILE AND APPROVE MINUTES OF PREVIOUS MEETING MOTION: Receive, file and approve draft minutes of the January 22, 1997 Steering Committee meeting. Motion carried, with Director Swan abstaining because he was not in attendance. REPORT OF THE COMMITTEE CHAIR The Committee Chair did not make a report. REPORT OF THE GENERAL MANAGER The General Manager reported on the AWWAIWEF Joint Management conference he attended this week. The major focus was competitiveness and privatization. Orange County, Florida has gone through the same process the Districts' is pursuing and has made impressive progress. They experienced some of the same things we are encountering. Judy Wilson announced that staff has been notified that proposed Senate Bill 147, which requires a vote of the people for future city, county and special districts indebtedness has been amended to eliminate the cities and counties. CASA will be contacted to verify this change. Blake Anderson reported that staff is still trying to set a date for the next Joint Coordination Committee meeting. The OCWD suggested March 6, but Thursdays are not good for our members. It was decided to set the meeting for Tuesday, March 25 at 5:30 p.m. It will be held at OCWD. Bill Mills, General Manager of OCWD, is in Washington trying to get funding for the OCR Project. Twenty million dollars was appropriated by Congress for this project. The OCWD is also trying to gel all water district members together to discuss this project and seek support. Director Swan indicated that there are still some significant questions that have to be answered by OCWD, including handling the anticipated increase in flows in the Santa Ana River from the inland basin, early construction of a distribution system to disperse the reclaimed water, and the level of commitment to this project. The only benefit to the Districts is the ability to discharge the processed water directly to the river. The viability of the project and the total price must be determined early on. The next Ad Hoc Committee meeting for the Strategic Plan is tentatively scheduled for March 13. This will be rescheduled to a date before the next RAC meeting on April 3. Staff is meeting with IRWD, City of Newport Beach and OCWD to begin discussions on the logistics of their three-way agreement. There are some permitting issues that have to be clarified. Activities at the last RAC meeting were discussed. Director McGuigan expressed concern that industry may not be fairly represented on the committee. Minutes of the Steering C`,mittee Page 3 February 26, 1997 REPORT OF GENERAL COUNSEL General Counsel did not make a report. DISCUSSION ITEMS (Nos. 1-5) 1. Consider request to change July Joint Boards Meeting dale. Because of a conflict with a League of Cities meeting, Chair Collins requested that the date of the meeting be changed to July 30, 1997. Action: Move the July Joint Boards Meeting from July 23, 1997 to July 30, 1997. 2. Discussion of Plant No. 2 Construction Management Offices and the Warehouse. David Ludwin, Director of Engineering, provided information on activities involved in securing office space for the Construction Management staff at Plant 2. The complex was destroyed by fire last month. Temporary trailers have been rented and moved on site at the cost of about $320/mo. Several options were discussed including replacing the destroyed trailers with purchased trailers, in which case the insurance coverage would be about $68,000 plus the coverage for personal property and document restoration (about$20,000); continuing to rent trailers and receive insurance payment for only personal property and document restoration; locate space for staff in existing buildings and receive payment for only personal property and document restoration; build a small, stand alone structure at a cost of about$300,000- $400,000, which would be offset by insurance payments of about $200,000 plus $20,000 for property and document restoration; or incorporate space in the new Maintenance Building by change order, or in the warehouse building, receiving insurance payment for only personal property and document restoration. After discussion, staff was directed to complete additional studies, addressing the level of future capital program with staffing needs at Plant 2, migration for the long tens and span of control, evaluate expanding the existing control center or an annex to the Maintenance Building Staff has discussed the improvements planned for the'temporary", existing 20-year-old warehouse with the City of Huntington Beach. In order to meet building code requirements, the cost to rehabilitate the building for the warehouse's changed needs, install a new roof, construct loading docks, and improve drainage around the building, and meet Title 24 code requirements and permitting requirements would be about$550,000 to $600,000, well over the authorized $440,000. Three warehouse options were offered for consideration: 1) Increase authorized funding to rehabilitate the existing, 20,000 SF, steel-frame warehouse according to revised needs; 2) Construct the previously-proposed warehouse for ultimate build out; and 3) Construct a smaller, 24,000 SF warehouse which would include additional office space. Minutes of the Steering mittee `../ Page 4 February 26, 1997 Staff was directed to explain the need and increased benefit of the proposed smaller warehouse and to prepare more detailed estimated cost comparisons and submit to the Planning, Design and Construction Committee. A tour of the existing warehouse should also be considered so that new committee members can become familiar with the facilities. 3. Agenda Streamlining: General Counsel requests that procedures relating to processing construction stop notices be revised. Action: The recommended action authorizing General Counsel to routinely Appear and defend the interests of the Districts upon receipt of Summons and Compliant for Stop Notices was approved unanimously. 4. Request from County of Orange for Lease for 800 megahertz Communication Facility at Plant No. 2: Ed Hodges, Director of General Services Administration described the proposed facilities and presented overlays showing the visual impact of the 150-fool tower. The Committee members agreed to accommodate the County as long as their facilities did not interfere with the Districts' operations. The Districts will not be involved in any permitting or design issues required by the City of Huntington Beach. This project will be discussed with the District 11 Directors. 5. Review Agenda Items Scheduled to be Presented to Committees in March: Because of the light agendas, presentations will be made to help the new committee members better understand the functions and operations of the Districts. OTHER BUSINESS. COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY Director Singer questioned the status of record drawings. Staff reported that Chris Dahl, Information Technology Manager has this as a critical goal for'97/98 and he will be working with the new Records Management Specialist to develop policies and procedures for the departments, starting with the Engineering Department and the Board Secretary's once. MATTERS WHICH A DIRECTOR WOULD LIKE STAFF TO REPORT ON AT A SUBSEQUENT MEETING There were none. Minutes of the Steering C nittee Page 5 February 26, 1997 CLOSED SESSION The Steering Committee convened in closed session at 6A5 p.m. to discuss two items, as follows: 1. Conferred with Special Counsel re status of litigation, Louis Sangermano v. CSDOC, Orange County Superior Court Case No. 732680 (Government Code Section 54956.9[a]. No action was taken. 2. Evaluation of the performance of the General Manager pursuant to Government Code Section 54957. No action was taken. The matter was continued to the March 26, 1997 meeting. The Committee reconvened in Open Session at 7:30 p.m. The Chair reported that no reportable action was taken during closed session. CONSIDERATION OF UPCOMING MEETINGS The next Steering Committee meeting is scheduled for Wednesday, March 26, 1997 at 5:30 p.m. ADJOURNMENT The Chair declared the meeting adjourned at 7:32 p.m. bmitted by: JCh Tappan, Steerip 06mmittee Secretary NWCWLLTwp.d® ffl d1G1A9RiLOMM INUR SFM dM STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) Pursuant to California Government Code Section 54954.2, 1 hereby certify that the Notice and the Agenda for the Steering Committee meeting held on Wednesday, February 26, 1997, was duly posted for public inspection in the main lobby of the Districts' offices on Friday, February 21, 1997. IN WITNESS WHEREOF, I have hereunto set my hand this 26th day of February, 1997. Z—z�'� — Penny Kyle, S of each of the Boards of Directors of C n anitation Districts Nos. 1, 2, 3, 5, 6, 7, 11, 13 & 1 of Orange County, California Posted: February 21 , 1997, P.M. By: 61 Signature wpdmcgmWrV mm)poslinBIm COUNTY S.0TATION DISTRICTS OF DRA%eli COUNTY, CALIFORNIA February 20, 1997 phone: (7141 962-2411 mailing address:P.O Box 81 NOTICE OF MEETING . CA Faunt92 Valley.CA 92J2&B12J STEERING COMMITTEE sb96t address: 10844 Ellis Avenue Fountain Valley,CA 92J08 7018 COUNTY SANITATION DISTRICTS NOS. 1, 2, 3, 5, 6, 7, 11, 13 AND 14 OF ORANGE COUNTY, CALIFORNIA Member Agencies 0 WEDNESDAY, FEBRUARY 26, 1997 - 5:30 P.M. Cities Anaheim Brain Buena Parr: DISTRICTS' ADMINISTRATIVE OFFICES Cypress 10844 ELLIS AVENUE Fountain Vince, Fullerton FOUNTAIN VALLEY, CALIFORNIA 92708 Huntington Beach Irvine Le Habra La Palma Los Alamitos Newport Beach O A regular meeting of the Steering Committee of the Joint Boards of Directors Orange Placentia of County Sanitation Districts Nos. 1, 2, 3, 5, 6, 7, 11, 13 and 14 of Orange Santa Ana seal Beach County, California, will be held at the above location, date and time. Stanton rustin top, Park Yorba Linda County of Orange Sanitary Districts Caste Mass Garden Grave Midway City Water Districts Irvine Ranch A Public Wastewater and Environmental Management Agency Committed to Protecting the Environment since 1954 STEERING COMMITTEE Roll Call: Meeting Date: February 26, 1997 Meeting Time: 5:30 p.m. Meeting Adjourned Committee Members John J. Collins, Joint Chair.......................................— Peer A. Swan, Vice Joint Chair................................— George Brown, Chair, FAHR................................... Sheldon Singer, Chair, PDC.................................... Pat McGuigan, Chair, OMTS....................................— Bill Steiner, Director................................................. Others 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 REGULAR MEETING OF THE STEERING COMMITTEE COUNTY SANITATION DISTRICTS NOS. 1, 2, 3, 5, 6, 7, 11, 13 AND 14 OF ORANGE COUNTY, CALIFORNIA WEDNESDAY, FEBRUARY 26, 1997 AT 5:30 P.M. ADMINISTRATIVE OFFICES 10844 Ellis Avenue Fountain Valley, California ROLL CALL APPOINTMENT OF CHAIR PRO TEM. IF NECESSARY AGENDA In accordance with the requirements of California Government Code Sectio64954.2, 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. All written materials relating to each agenda item are available for public inspection in the office of the Board Secretary. In the event any matter not listed on this agenda is proposed to be submitted to the Steering 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 Districts subsequent to the posting of the agenda, or as set forth on a supplemental agenda posted not less than 72 hours prior to the meeting date. PUBLIC COMMENTS All persons wishing to address the Steering 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 February 26, 1997 APPROVE MINUTES OF PREVIOUS MEETING Recommended Action: Approve draft minutes of the January 22, 1997 Steering Committee meeting. REPORT OF COMMITTEE CHAIR REPORT OF GENERAL MANAGER REPORT OF GENERAL COUNSEL DISCUSSION ITEMS (Items 1-5) 1. Consider request to change July Joint Board Meeting date (Chairman Collins) Recommended Action: Move the July Joint Board Meeting date from July 23, 1997 to July 30, 1997 because of a conflict with League of Cities Meeting. 2. Discussion of Plant No. 2 Construction Management Offices and the Warehouse 3. Agenda Streamlining (Tom Woodruff) Recommended Action: Authorize General Counsel to Routinely Appear and Defend the Interests of the Districts upon Receipt of Summons and Complaint for Stop Notices 4. Request from County of Orange for Lease for County of Orange 800 Megahertz Communication Facility at Plant No. 2 (Blake Anderson and Judy Wilson) Recommended Action(s): Information item only. 5. Review Agenda Items Scheduled to be Presented to Committees in March Recommended Action(s): Information item only. 2 s February 26, 1997 CLOSED SESSION During the course of conducting the business set forth on this agenda as a regular meeting of the Steering Committee, the Chair may convene the Committee in closed session to consider matters of pending real estate 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 Directors during a permitted dosed session and are not available for public inspection. At such time as final actions are taken by the Boards on any of these subjects, the minutes will reflect all required disclosures of information. 1. Convene in closed session at about 6:15 p.m. a. Confer with Counsel re status of litigation, Louis Sangermano v. CSDOC , Orange County Superior Court Case No. 732680 (Government Code Section 54956.9[a]) b. Evaluation of General Manager's Performance (Section 54957) 2. Reconvene in regular session 3. Consideration of action, if any, on matters considered in closed session. 4. Report on discussion taken inclosed session, as required. OTHER BUSINESS, COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY MATTERS WHICH A DIRECTOR WOULD LIKE STAFF TO REPORT ON AT A SUBSEQUENT MEETING MATTERS WHICH A DIRECTOR MAY WISH TO PLACE ON A FUTURE AGENDA FOR ACTION AND STAFF REPORT FUTURE MEETING DATES The next Steering Committee Meeting is scheduled for 5:30 p.m., Wednesday, March 26, 1997. 3 February 26, 1997 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 Collins (714)9654400(City Hell) Secretary: Jean Tappan (714)962-2411, Fed. 2001 (714)962-0356(Fax) jt HiWP DT DMIM WFFLCOMv&9 FFRAGENOA FEB 4 For,M$ec.l A AGEN' a ❑ COMM.INFO.REM AC ITEM D ❑ COATI. TIONITEM ❑ JT.eDS.CONSENT TRANSMITTAL (NON�NBENT) ❑ PUBLIC NEMING JT,BPS.MEETING DATE JT.BDS.AGENDA ITEM NO. MEETING DATE comm.In.NO. DISTRICT NO. CONTACT FOR INFORMATION (Inaials of Originator) OMITS: OMITS PDC: PDC FAHR: FAHR 2150,Jean Tappan,2001 EXEC: EXEC All STEER: 226197 STEER Division No-Name,and Extension JT.BDS: AGENDA WORDING AND RECOMMENDED ACTION(S): Agenda Wording: DRAFT MINUTES OF JANUARY 22, 1997 STEERING COMMITTEE (All Districts): The Steering Committee Secretary requests approval of the draft minutes of the previous Steering Committee meeting. Recommended Action(s): Approve Draft Minutes of January 22, 1997 Steering Committee meeting. CEQA REVIEW: FojM is Exempt: NOT APPLICABLE DATE OF MOST RECENT BOARD ACTION ON THIS SPECIFIC ITEM: Dale Notice of Exemption Filed: Negative Declaration Approved on N/A Final EIR Approved on_and Notice of D terrninatam(led on_ CURRENT BUDGET/COST CURRENTYEAR CURRENT YEAR- YEAR-TO-DATE REVISED BUDGET INFORMATION BUDGET AMOUNT TO-DATE BUDGET BALANCE TOTAL EXPENDITURES Ru+Iewen pus Tnnrinal TOTAL BUDGETED Ali $ SOURCE: CORF JO DISTRICTS N/A N/A N/A N/A ScheduleJLine Items: AMOUNT OF TRANSFER: ScheduleQUne Item: TOTAL PROJECT BUDGET ORIGINAL BUDGET PREVIOUS BUDGET BUDGET CHANGE REVISED TOTAL INFORMATION TOTAL CHANGES THIS AIT PROJECT BUDGET First Year m Budge: N/A N/A N/A N/A Master Plan Estimate'. Year of First Costs: THIS AITNENDOR/PROJECT COST ORIGINAL BID,PO, CHANGE ORDERS, AMOUNT AMENDED PROJECT INFORMATION CONTRACT FUNDS PREV. REQUESTED THIS AMOUNT AMOUNT APPROVED AT N/A N/A N/A N/A WILLPROJECT REQUIRE ADDITIONAL PERSONNEL? NOT APPLICABLE REQUIRES BOARD POLICY ACTION? NOTAPPLICABLE II VES,stale number: Permanent Limited Tenn II VES,explain in ADDITIONAL INFORMATION sectbn CONCURRENCES: ATTACHMENT("?AGENDA(List) To Committee: 1. Draft Minutes of January 22, 1997 Signature Date Steering Committee Meeting Division Manager(Or Designee) Signature Date To Jt.Bds.: 1. Draft Minutes of January 22. 1997 Department Head(Or Designee) Steering Committee Meeting Signature Date Assistant General Manager(Or Designee) ADDITIONAL INFORMATION(Background amvor Summary) jt c: Department Head AGM-Administration AGM-Operations General Manager County Sanitation Districts of Orange County,California P.O.Box 8127 a 10844 Ellis Avenue Fountain Valley,CA 92728-8127 Telephone: (714) 962-2411 DRAFT MINUTES OF THE STEERING COMMITTEE Wednesday, January 22, 1997 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 on Wednesday, January 22, 1997 at 5:30 p.m., at the Districts'Administrative Office. ROLL CALL The roll was called and a quorum declared present, as follows: MEMBERS PRESENT: OTHERS PRESENT: John J. Collins, Joint Chair Thomas L. Woodruff, General Counsel George Brown, Chair, FAHR Burnie Dunlap, Chair, District 13 Pat McGuigan, Chair, OMTS Sheldon Singer, Chair, PDC STAFF PRESENT: Donald F. McIntyre, General Manager ABSENT: Blake P. Anderson, Chief Operations Officer Peer A. Swan, Vice Joint Chair Judith A. Wilson, Chief Administrative Officer Jean Tappan, Committee Secretary APPOINTMENT OF CHAIR PRO TEM No appointment was necessary. PUBLIC COMMENTS There were no comments by any member of the public. RECEIVE FILE AND APPROVE MINUTES OF PREVIOUS MEETING MOTION: Receive, file and approve draft minutes of the December 18, 1996 Steering Committee meeting. MOTION UNANIMOUSLY CARRIED. Minutes of the Steering Committee Page 2 January 22, 1997 REPORT OF THE COMMITTEE CHAIR Committee Chairman Collins announced that Supervisor Steiner has agreed to serve on the Steering Committee, replacing Supervisor Stanton. He also stated that he had received a phone call from Ellen Ray, one of the Districts' employees on the 501 negotiating team, requesting a meeting to discuss the contract. Chairman Collins told her that, because of the way the system was set up, he could not discuss this issue with her. One of their concems is that the 501 members are being considered "bad guys." General Manager McIntyre also mentioned that he had been contacted by 501 as well. He will be meeting with them this week. The July Joint Board Meeting date is the same night as the League of Cities meeting and asked that the Committee consider this and readdress it at next month's Steering Committee meeting. REPORT OF THE GENERAL MANAGER General Manager McIntyre called the Directors attention to Item 5 on agenda. As recommendations move forward, it will take a lot of staff time and there is some concern about how to manage this. A calendar will be prepared to show how much time and effort is anticipated to prepare for these meetings. One option to consider is hiring contract help or consultants. Blake Anderson explained that the contracts for the three phases of the Strategic Plan contain portions that are to be done by consultants. The annexation of Bolsa Chica was discussed. The agreement was approved in 1991 and Koll paid a portion of the fees up front to expedite the construction of the Slater Avenue Pump Station. Now the question is 'What happens if the property is not developed?" Additional discussions will be undertaken. REPORT OF GENERAL COUNSEL General Counsel Tom Woodruff gave the Directors a heads-up on this week's CAL-OSHA hearing on the fire deaths at Plant 2. All but one count have been dismissed. At this time the judge is taking the question of the differences between Section 57 and 58 of the Health and Safety Code under consideration and he has 30 days to make a decision. DISCUSSION ITEMS (Nos. 1-5) 1. Report on meetings with resident members of the Rate Advisory Committee (RAC) and Planning Advisory Committee (PAC) (Judy Wilson) Staff made a concerted effort to increase resident participation on the RAC and at the last meeting there were about 12 new members. However, they were lost during some of the discussions so a special meeting was held on January 9 to brief them on previously presented �.. 1. v Minutes of the Steering Committee Page 3 January 22, 1997 information. At the PAC 3 Workshop, flow projections were discussed. A suggestion was made by one member that by standardizing manhole covers throughout the county so that each had a minimum of holes, infiltration during rain storms could be reduced dramatically. Fortner Director Victor Leipzig has joined the PAC. 2. Status of the Disciplinary Hearings (Judy Wilson) At this time, 22 of the terminated employees have fled for unemployment. There have been two hearings, and the judge has suggested having everyone (all 22) in one hearing. The law states that employees are not eligible for unemployment if they are fired for cause. Several demoted employees have returned to work. 3. Status of Labor Negotiations (Judy Wilson) Negotiations are continuing with 501. The next meeting with SPMT is scheduled for January 31. Chairman Collins suggested that 501 be notified in writing that retro pay is non-negotiable and include the quote "the Boards is resolute." 4. Update on Plant 2 Construction Management Trailer Complex Fire Investigation (Blake Anderson) The Huntington Beach fire department investigator has indicated that all signs point to an electrical short, near a refrigerator in one of the trailers. Fourteen people have offices in the complex and eleven are displaced. An inventory of employees' personal possessions was made. Most of the inspectors have been relocated to a conference trailer, which was not damaged. Other vacant trailers will be relocated to the area for additional office space as needed. Some drawings for on-going work were destroyed. Staff is working with the contractors, consultants and electrical inspectors to try to recreate the records for the as-built drawings. Our insurance coverage includes restoration of records. The Information Technology staff have done a great job making temporary fixes for computers and phones. There is one issue that will have to be addressed: will the Huntington Beach allow another set of temporary trailers? Fire codes are not the same for trailers. Staff is looking at the possibility of available space in the new Maintenance Building. However, if the offices are not replaced, the insurance will not pay the $400,000 estimated loss. As more information is received, staff will report back to the Committee. Minutes of the Steering Committee Page 4 January 22, 1997 5. Review of meeting with OCWD/Ad Hoc Committee re Strategic Plan re OCR Project (Don McIntyre) The response from our Directors at this meeting was positive. The OCWD has guaranteed that they can take 100 mgd of our water. A six-member Joint Advisory Coordination Committee will be formed, with three directors from each agency. Chairman Collins has not made his decision on the Districts' members, however, Directors Swan and Brown have indicated a willingness to serve. There is a real need to get things going on this project. 6. Update on status of Ocean Discharge Permit (Blake Anderson) There is a workshop scheduled for January 24, 1997 to discuss amending the Basin Plan. A hearing will be held in March before formal adoption of the amendment. Then the SWRCB will have to ratify the action. EPA can then make a tentative decision. A permit could be in hand in about 12 months. 7. Discuss preparations for February 1 Steering Committee/EMT Workshop (Judy Wilson) Staff, from managers down to first-line supervisors, are in the process of developing draft critical goals for"97-98. Staff will be asking the Steering Committee members for policy guidance for key budget issues. The recommendations that are determined will be presented to the Executive Committee if there is a meeting in February. If not, they will be presented only to the FAHR Committee in March. 8. Review New Directors Orientation Meeting and consider appointments to Working Committees (John Collins) The orientation held on January 18 was very successful. There were 27 participants. The second session is scheduled for February 22 between 9 a.m. and 12 Noon. Chairman Collins said he is still working on committee assignments, and is considering moving some Directors to different committees this year so that they have the opportunity to learn more about the Districts' operations and activities. Recommended Action' No appointments were made by Chairman Collins at this time. 9. Review Agenda Items scheduled to be presented to Committees in February Recommended Action(s): Information item only. CLOSED SESSION There was no closed session. Minutes of the Steering Ow. nittee Page 5 January 22, 1997 OTHER BUSINESS. COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY There was no other business discussed. MATTERS WHICH A DIRECTOR WOULD LIKE STAFF TO REPORT ON AT A SUBSEQUENT MEETING There were none. CONSIDERATION OF UPCOMING MEETINGS The next Steering Committee meeting is scheduled for Wednesday, February 26, 1997 at 5:30 p.m. ADJOURNMENT The Chair declared the meeting adjourned at 6:57 p.m. bmitted by: U� 9-2yv n Tappan, Stee in Committee Secretary \WP.MAI INbM61RLpMA A"INR JM a�.sa.Ll AGEN. ° COATT.a80.DBA -" � ° 'cara.AcnoN EM ITEM £' TRANSMITTAL ° JT.(NO N L�XSNTI b o -COFLSE.m ° PDBLIC XEMNG 4 JT.BOS.NEErV13 DATE lf.BOS.AGENW REM NO. MEETING DATE comm.to.NO. DISTRICT NO. CONTACT FOR INFORMATION � (Initials of Orginatw) OMTS: OMTS "' --1 PDO: POC FAHR: FAHR Thomas L.Woodruff,ext.2010 EXEC: EXEC All STEER: 226/97 STEER Division No.,Name,and Estension JT.sDs: 326/97 AGENDA WORDING AND RECOMMENDED ACTION(S): Agenda Wordin0: GENERAL COUNSEL REPRESENTATION FOR LITIGATION RELATING TO CONSTRUCTION STOP NOTICE PROCEEDINGS (All Districts): Staff and General Counsel, in an effort to streamline the agenda process, are requesting that the Directors approve a blanket authorization for General Counsel to appear and represent the Districts in the event Construction Stop Notices are filed with the Boards Secretary. Recommended Action(s): 1. Approve resolution authorizing General Counsel to appear and represent Districts in all litigation Relating to Construction Stop Notice proceedings. CEOA REVIEW: Project is Exempt NOT APPLICABLE DATE OF MOST RECENT BOARD ACTION ON THIS SPECIFIC ITEM: Date Notice of Exemption Film Negative Declaration Approved on Final ER Approved on_aM Notice of Determination filed on_ Not Applicable CURRENT BUDGET/COST CURRENT YEAR CURRENT YEAR- YEAR-TOZATE REVISED BUDGET INFORMATION BUWETAMOUNT TO-DATE BUDGET BALANCE TOTAL EXPENDITURES frmi Box Me Tm. en) TOTAL BUDGETED AMT.:$ N/A N/A N/A N/A SOURCE: CORF JO DISTRICTS ScheCulabne gems: AMOUNT OF TRANSFER: ScI edul&Line It. TOTAL PROJECT BUDGET ORIGINAL BUDGET PREVIOUS BUDGET BUDGET CHANGE REVISED TOTAL INFORMATION TOTAL CHANGES THIS AIT PROJECT BUDGET First Yearin Budge: N/A N/A N/A N/A Master Plan Estimate: Year of First Costs. THIS AITNENDOR/PROJECT COST ORIGINAL BID,PO, CHANGE ORDERS, AMOUNT AMENDED PROJECT INFORMATION CONTRACT FUNDS PREY. REQUESTED THIS AMOUNT AMOUNT APPROVED AIT N/A N/A N/A N/A WILL PROJECT REQUIRE ADDITIONAL PERSONNEL? NO REQUIRES BOARD POLICY ACTION? YES If YES,state numbs[ _Permanent Limited Term IfYES,aglain in ADDITIONAL INFORMATION section ae. 0111 m Page 1 of 2 H:\W P.DTAW DMIN%GMZTR-COMMl9TPEBAIT-FEB.1 CONCURRENCES: ATTACHMENTS T( 'ENDA(Lal) To Committee: t. Memo Report to Joint Boards doled February 4, Signature Date 997 2. Draft Resolution Division Manager(Or Designee) Signature Date To Boa.: t. Memo Report to Joint Boards doled February 4, Department Head(Or Designee) 1997 2. Draft Resolution Signature Date Assistant General Manager(Or Designee) ADDITIONAL INFORMATION(Background and/or Summary) Attached is a memo dated February 4, 1997 that outlines the requested changes. This blanket authorization provides the following: 1. That the General Counsel appear and represent the interests of the District(s) and all litigation seeking to enforce a stop notice or related proceeding arising out of a construction contract: 2. That the Districts recover all of their legal and administative/clerical expenses related to Districts' actions required by the litigation; and 3. That the General Counsel provide a report to the Boards of all such actions filed and status reports upon the progress and Conclusion of the litigation. jt c: Department Head AGM-Administration AGM-Operations General Manager Rm, 01A a7 Page 2 of 2 H:\WP.DTAVDMIN\GMr TR-COMM07T-EBAIT-FEB.t ' WVOfFltEBK WOODRUFF,SPRADLIN& SMYe T A Pxat[veiortu Caaraxnnax MEMORANDUM TO: Joint Chairman and Members of the Boards of Directors County Sanitation Districts FROM: General Counsel DATE: February 4, 1997 RE: Construction Contracts Stop Notice As the Directors are aware, the Districts periodically become involved in litigation between the Districts' general contractor and one of its sub-contractors or a materials supplier. Laborers, material suppliers and sub-contractors are given special recognition in the law in the State of California, and are provided a number of legal benefits, one of which is the utilization of the stop notice procedure. By that special legislation, a sub- contractor or supplier who is not paid in accordance with the contract can give notice to the owner (in our case the Districts) of such non-payment, and demand that the Districts withhold the amount of the stop notice. These stop notices are received with a certain amount of frequency, with some jobs more than others. It has been the longstanding policy of the Districts that for those jobs where only an occasional one, two or three stop notices are served on the Districts, that the cost of administration to process those is generally simply absorbed as a cost of doing business. No attempt is made to provide the required accounting to charge back, with particular detail all of the expenses, for the primary reason that the accounting would cost more than the actual recovery. However, with regards to those contracts with a great number of stop notices or those which are compounded by the filing of litigation by the claimants, it has also been the Districts' strict policy to do a detailed accounting of all costs, including legal fees, finance/accounting department costs and administrative/clerical, such as Board Secretary, and to deduct those, via change order, from the final contract amount owing to the construction contractor. When the Districts are subject to litigation because the claimant and the contractor are unable to resolve their differences, we attempt to have the parties agree that the Districts do not need to participate in the litigation, and while they are generally inclined to do that, the new rules of court are such that they must pursue this litigation actively. Accordingly, we oftentimes are brought in to participate by appearance at hearings, filing of responses, etc. Again, it is the Districts' policy that all of these costs are recovered directly from the construction contractor, so that there is no net expense to the Districts. Joint Chairman and Members of the Boards of Directors County Sanitation Districts February 4, 1997 Page 2 In reviewing the procedure for handling these matters of litigation with the General Manager and the Board Secretary, we recognize that these are, in large measure, pro forma, in that the Boards' action is to receive and file a summons and complaint and then to direct General Counsel to appear and answer on behalf of the Districts. It is not unusual for these complaints to come in and necessitate the preparation of a Supplemental Board Agenda and to get Board approval to add this to an Agenda, because the answer is required to be filed with the Clerk of the Court within 30 days of service, which usually precludes carrying it over to the Joint Boards' Meeting of the following month. Based on the above, it is the recommendation that the Boards grant a blanket authorization, as follows: 1. That the General Counsel appear and represent the interests of the District and all litigation seeking to enforce a stop notice or related proceeding arising out of a construction contract; 2. That the Districts recover all of their legal and administrativelclerical expenses related to Districts' actions required by the litigation; and 3. That the General Counsel provide a report to the Boards of all such actions filed and status reports upon the progress and conclusion of the litigation. THOMAS L. WOODRUFF GENERAL COUNSEL TLW:kir cc: Mr. D.F. McIntyre Mr. B.P. Anderson Ms. J.A. Wilson Mr. G.G. Streed Mr. D.A. Ludwin Ms. P. Kyle Mr. S. Kozak RESOLUTION NO. AUTHORIZING GENERAL COUNSEL TO APPEAR AND REPRESENT DISTRICTS IN ALL LITIGATION RELATING TO CONSTRUCTION STOP NOTICE PROCEEDINGS A JOINT RESOLUTION OF THE BOARDS OF DIRECTORS OF COUNTY SANITATION DISTRICTS NOS. 1, 2, 3, 5, 6, 7, 11, 13 AND 14 OF ORANGE COUNTY, CALIFORNIA, AUTHORIZING GENERAL COUNSEL TO APPEAR AND REPRESENT DISTRICTS IN ALL LITIGATION RELATING TO CONSTRUCTION STOP NOTICE PROCEEDINGS WHEREAS, the Districts award a considerable number of construction contracts each year to individuals and privately-owned companies in accordance with applicable provisions of State law, and, WHEREAS, as a public agency, the award of their public works contract provide a legal remedy to laborers, materialmen and other suppliers and sub-contractors of the Districts' general contractor, by allowing the filing of stop notices pursuant to California Civil Code Section 3179, and, WHEREAS, the Districts routinely adhere to statutory procedures and the Districts' own administrative procedures in withholding funds pursuant to a stop notice, and, WHEREAS, the parties to the dispute on occasion are not able to resolve their differences, with the result that the Districts are required by litigation procedures to be included in any litigation between the claimant and the Districts' construction contractor, and, WHEREAS, the Districts are allowed by law to recover all of their legal and other administrative/clerical expenses related to the processing of stop notices and appearing as a party to any litigation to enforce a stop notice; and, WHEREAS, the Districts are required to comply with court rules of procedures and file their responsive pleading and make necessary appearances before the court of proper jurisdiction, and in many instances to do so prior to a regularly-scheduled Board meeting. NOW, THEREFORE, the Boards of Directors of County Sanitation Districts Nos. 1, 2, 3, 5, 6, 7, 11, 13 and 14 of Orange County, California, DO HEREBY RESOLVE, DETERMINE AND ORDER: Sect The General Counsel is authorized to appear on behalf of any District or Districts named as a party to any litigation relating to the enforcement of a statutory slop notice relating to a construction project of the Districts without further action by the Boards of Directors. Section 2 The General Counsel shall take all measures available to seek to recover all expenses incurred by the Districts, including but not limited to attorneys fees, court costs and clerical/administrative expenses relating to the processing of stop notices and the appearance in the litigation. Section 3. The General Counsel shall provide to the Boards of Directors status reports during the course of said litigation and a closing report upon termination of the legal proceedings. PASSED AND ADOPTED at a regular meeting held WOODRUFF,SPRADLIN&SkoakT RPnttPIMML Ca1hMI.lKx MEMORANDUM TO: Ms. Jean Tappan Executive Assistant FROM: General Counsel DATE: February 4, 1997 RE: Resolution re Routine Summons and Complaint Stop Notices As per your request, I have prepared both the Resolution for adoption by the Board, as well as a report to the Joint Boards relating to the delegation of authority for processing the stop notices. The way it is actually structured is for the Boards to specifically authorize my office to appear and defend the interests of the Districts rather than to do a two-step delegation to the General Manager, and then the General Manager to the General Counsel. Please give these to Don for review, and I will plan to review them with him in the next week or two prior to being processed through the Committees and the Joint Boards. If you do not have enough information in the Resolution, or in my report to prepare the "AIT", please let me know, and I will be glad to help you with that. _71�"1111_. THOMAS L. WOODRUFF GENERAL COUNSEL TLWAr cc: Mr. D.F. McIntyre Mr. B.P. Anderson Ms. J.A. Wilson F-Bese< l' y AGENT ❑ coN?N.wFo.rrEM Du ❑ DOMA.AC GNITET ITEM ° JT.BOS CONSENT TRANSMITTAL ❑ IT,BOS.W0JSSIDN (NONLONSENT) o ❑ PIIBIID HEARING IT.BDS.I.EETM DATE IT.BOS.AGENDA REM NO. MEETING DATE COMM.ID.NO. DISTRICT NO. CONTACT FOR INFORMATION (Intlialsof OtlgmatoO OMITS: OMITS PDC: PDC FAHR: FAHR All 2150,Jean Tappan, Ext. 2001 EXEC: EXEC STEER: 226197 STEER Division No.,Nam.and Extension JT.BDS: AGENDA WORDING AND RECOMMENDED ACTION(S): Aaenda Wording: AGENDA ITEMS FOR REVIEW BY WORKING COMMITTEES IN MARCH (All Districts): Review of the items scheduled for action/discussion by the Operations, Maintenance and Technical Services Committee, the Planning, Design and Construction Committee, and the Finance, Administration and Human Resources Committee at their meetings in March . Recommended Action(s): This is an information item. CEQA REVIEW: Project is Exempt: NOT APPLICABLE DATE OF MOST RECENT BOARD ACTION ON THIS SPECIFIC REM: Date Notice of Exemption Filetl: Negative DttIarafion Approve l on N/A Final EIR Approvesl on_aM Notice of Delemarratron fkd on_ CURRENT BUDGET/COST CURRENTYEAR CURRENTYEAR. YEAR-TO-DATE REVISED BUDGET INFORMATION BUDGET AMOUNT TO-DATE BUDGET BALANCE TOTAL EXPENDITURES rt�I e.esn om m„sinnl TOTAL BUDGETED AMT.: $ SOURCE: CORE JO DISTRICTS N/A N/A N/A N/A Sr luleJLine Items: AMOUNT OF TRANSFER: Schelukli-me Item: TOTAL PROJECT BUDGET ORIGINAL BUDGET PREVIOUS BUDGET BUDGET CHANGE REVISED TOTAL INFORMATION TOTAL CHANGES THIS AIT PROJECT BUDGET First Yearin Budget: N/A N/A N/A N/A Master Plan Estimate' Year of Feel Costs'. THIS AITIVENDORIPROJECT COST ORIGINAL BID,PO, CHANGE ORDERS, AMOUNT AMENDEDPROJECT INFORMATION CONTRACT FUNDS PREY. REQUESTED THIS AMOUNT AMOUNT APPROVED AR N/A WA WA N/A WILL PROJECT REQUIRE ADDITIONAL PERSONNEL? WA REQUIRES BOARD POLICY ACTION? NOT APPLICABLE It YES,explain in ADDITIONAL INFORMATION section CONCURRENCES: ATTACHMENTS-0 AGENDA(List) To Committee: Signature Date Division Manager(Or Designee) Signature Date To Jt. Bds.: 1. Department Head(Or Designee) Signature Date Assistant General Manager(Or Designee) ADDITIONAL INFORMATION(BaekarowM mulmr Summary) Staff routinely prepares a listing of items that are scheduled to be presented to the working committees and the Boards at their next monthly meetings. This allows the Steering Committee the opportunity to review these items early enough to make reassignments in the review or approval process. The following items are scheduled to be considered by the Committees in March: OMITS Committee: 1. State of the Departments Presentation for Operations and Maintenance and Technical Services (information item) 2. Approve Fourth Amended Joint Power Agreement with SCCWRPA (action item) 3. Presentation by Districts'Assessment and Reinvention Team (DART) (information only) PDC Committee: 1. Approve Change Order No. 6 to Job No. P1-36-2, Secondary Treatment Improvements at Plant No. 1 (action item) 2. Approve Change Order No. 1 and contingency funds for any remaining change orders for Job No. J-11-2, Restoration of the Old Lab for Human Resources Department (action item) 3. Approve Manual of Practice and CEOA Guidelines and Procedures (action item) FAHR Committee: 1. Report on Implementation of Risk Management Task Force(information item) 2. Consider Land Lease at Plant No. 2 (action item) 3. Presentation on the Status of Plant Automation (information item) 4. Consider Funding Options for Santa Ana River Interceptor Improvements (action item) Jt c: Department Head AGWAdministrafion AGM-Operations General Manager