HomeMy WebLinkAbout2001-09 DRAFT
LHE OFFICE OF SECRETARY
MINUTES OF STEERING COMMITTEE MEET kE�uN,'.«,
uTA71pN DISTRICT
Wednesday, September 26, 2001 OCT 2 tt 2001
A meeting of the Steering Committee of the Orange County Sanitation District was
held on Wednesday, September 26, 2001 at 5 p.m., in the Districts Administrative
Office.
(1) The roll was called and a quorum declared present, as follows:
STEERING COMMITTEE MEMBERS: OTHERS PRESENT:
Directors Present: Roy Moore, Director, Guest
Norm Eckenrode, Chair Thomas L. Woodruff, General Counsel
Peter Green, Vice Chair Don Hughes
Pat McGuigan, Chairman, OMTS Committee Doug Korthof
Steve Anderson, PDC Committee Don Schultz
Shirley McCracken, Chairman, FAHR Committee Denis Baker
Jim Silva, County Supervisor Ryal Wheeler
Directors Absent: STAFF PRESENT:
Blake Anderson, General Manager
Bob Ghirelli, Director of Technical Services
Greg Mathews, Assistant to the General
Manager
Patrick Miles, Director of Information Technology
Lisa Murphy, Communications Manager
Jean Tappan, Committee Secretary
(2) APPOINTMENT OF CHAIR PRO TEM
No appointment was necessary.
(3) PUBLIC COMMENTS
Mr. Doug Korthof spoke on eliminating the 301(h)waiver and indicated that Newport Beach voted
unanimously to support secondary treatment. He also expressed concern about the amount of
reserves and the potential liability issues of not disclosing low levels of pollution. He is going to be
requesting that a data collection program be set up on people who have reported getting sick from
going into the ocean. He also requested that a hot line be established with a live person answering
the phone, not just an answering machine.
Mr. Don Schultz expressed his appreciation for allowing volunteers to help with the summer studies.
He said that it gave them an opportunity to work directly with professionals from several different
fields.
Minutes of the Steering Committee
Page 2
September 26, 2001
(4) RECEIVE, FILE AND APPROVE MINUTES OF PREVIOUS MEETING
The minutes of the August 22, 2001 Steering Committee meeting were approved as drafted.
(5) REPORT OF THE COMMITTEE CHAIR
Committee Chair Norm Eckenrode reviewed a memo outlining a conflict between the League of
California Cities annual conference and the Sanitation District's December Board meeting.
Motion: Moved, seconded and duly carried to keep the December 19, 2001 meeting date.
Chair Eckenrode also reported on the SAWPAIOCSD Joint Management Committee meeting that
was held on September 25 in an attempt to reach agreement on the SARI line and related issues.
Three additional monthly meetings have been scheduled.
(6) REPORT OF THE GENERAL MANAGER
General Manager Blake Anderson reported that the next Directors Workshop is scheduled for
Saturday, November 3, between 8 and 11 at the Sanitation District. The issues to be discussed are
the progress on the ocean monitoring program and the beginning of discussions on the science,
technology, review of the costs and financing of levels of treatment. Notification will be sent to all
directors.
The Orange County Water District will hold a quarterly GW RS workshop on Saturday, November 17
at its office.
There are four members of the District's staff who are reservists. They are potentially subject to
active duty. Staff asked the Committee members to consider revising the military leave policy to
allow these employees to receive pay and family benefits if they are called to serve.
Motion: Moved, seconded and approved to authorize staff to prepare a revision to the Military Leave
policy and present it to the Directors for approval at the October Board meeting.
Director Pat McGuigan expressed concern about the potential fiscal and operational Impacts
reported at the Regional Board's workshop on the draft stormwater permits.
Action: Bob Ghirelli will prepare a report for all directors and city managers on this workshop. A
status report will also be prepared on the CMOM program.
(7) REPORT OF GENERAL COUNSEL
General Counsel Tom Woodruff reported that staff has received information regarding the
establishment of new security measures for the District's facilities, and these discussions need
to be held in closed session per Government Code Section 54957.
Motion: Moved, seconded and duly carried to add a discussion of security issues to the closed
session agenda.
Minutes of the Steering Committee
Page 3
September 26, 2001
Mr. Woodruff reported that Crow Winthrop had filed a second lawsuit challenging the fee
ordinance. The original case is scheduled for trial on November 19. The District sent a letter to
Crow Winthrop about damage by a contractor to a telephone conduit serving the Michelson
Pump Station, and advising Crow Winthrop that an invoice will be forthcoming to pay the costs of
having to manually monitor the Pump Station during the time it took to repair the line. This line
provides remote telemetry to the control center on the operating status of the Pump Station. The
contractor has also demolished the landscaping that was required by Crow Winthrop around the
Pump Station and reimbursement is being requested.
Mr. Woodruff described the recommended changes to a District Resolution,as well as the
enactment of several Ordinances, most of which are housekeeping issues. They cover requiring
claims by public agencies,establishing a statute of limitations period of 90 days for writs of
mandate, correcting meeting times for Board and Committee meetings, and changes to the
public comments portion of agendas. The last item was changing from Robert's Rules of Order
to the District's own Rules of Order for conducting meetings.
Motion: Moved, seconded and duly carried to authorize General Counsel to prepare the
necessary revisions and recommendations for consideration at the October Board Meeting."
(8) DISCUSSION ITEMS (Item A)
A. The Agenda Items scheduled to be reviewed by the Board's working committees in
October were reviewed.
(9) OTHER BUSINESS, COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY
There was no other business discussed.
(10) MATTERS WHICH A DIRECTOR WOULD LIKE STAFF TO REPORT ON AT A
SUBSEQUENT MEETING
There were none.
(11) MATTERS WHICH A DIRECTOR MAY WISH TO PLACE ON A FUTURE AGENDA FOR
ACTION AND/OR STAFF REPORT
There were none.
(12) CONSIDERATION OF UPCOMING MEETINGS
The next Steering Committee meeting is scheduled for October 24, 2001 at 5 p.m.
The next Board Meeting is scheduled for October 24, 2001 at 7 p.m.
Minutes of the Steering Committee
Page 4
September 26, 2001
(13) CLOSED SESSION
The Committee convened at 5:55 p.m. in Closed Session, pursuant to Govemment Code
Sections 54957 and 54957.6,to discuss security issues,and review and approve the General
Manager's Annual Performance Evaluation and Compensation. Confidential Minutes of the
Closed Session held by the Board of Directors have been prepared in accordance with
California Govemment Code Section 54957.2, and are maintained by the Board Secretary in the
Official Book of Confidential Minutes of Board and Committee Closed Meetings. A report of the
recommended actions will be publicly reported at the time the approved actions become final.
At 6:37 p.m., the Committee reconvened in regular session.
(14) ADJOURNMENT
The Chair declared the meeting adjourned at 6:37 p.m.
miffed by:
a appan
ring Committee Secretary
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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, September 26, 2001,
was duly posted for public inspection in the main lobby of the Districts offices on Thursday,
September 20, 2001.
IN WITNESS WHEREOF, I have hereunto set my hand this 26th day of September, 2001.
zz
Penny Kyle, t6cretary ofBoard of Directors of
Orange County Sanitatio istrict
Posted: 'tL ' 2001, �5 p.m.
By:
Signature
•oaxVmuvammbo N"
ORANGE COUNTY SANITATION DISTRICT
BOARD SECRETARY (2)
phone:
(7141962-2411
fine
(7141962M56
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PO. Box 9127 NOTICE OF MEETING
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92726-6127 OF THE
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10844 she Avenue
Founteln Velie
92708-7016 ORANGE COUNTY SANITATION DISTRICT
Member
AgsnNn WEDNESDAY, SEPTEMBER 26, 2001 - 5 P.M.
•
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Attention DISTRICT'S ADMINISTRATIVE OFFICE
Brea
Beane Park 10844 ELLIS AVENUE
Cypress Fountain FOUNTAIN VALLEY, CALIFORNIA 92708 Fulleartonrtan
Slarifien Grove
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to Habra
La Palma A regular meeting of the Steering Committee of the Board of Directors of
Los Alarms✓e Newport Beech Orange County
O CtY Sanitation District will be held at the above location, date and
Orange time.
Placentia
Sense Ana
seal Beach
Stanton
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Ceurtg of Orange
Soot ary Districts
Corte Mesa
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Irvine Ranch
ID maintain world-class leadership in wastewater and water resource management.
STEERING COMMITTEE AND BOARD MEETING DATES
FOR THE NEXT TWELVE MONTHS
Wednesday, September 26, 2001
Wednesday, October 24, 2001
Wednesday, November28, 2001
Wednesday, December 19, 2001'
Wednesday, January 23, 2002
Wednesday, February 27, 2002
Wednesday, March 27, 2002
Wednesday, April 24, 2002
Wednesday, May 22, 2002
Wednesday, June 27, 2002
Wednesday, July 17, 2002'
Wednesday, August 28, 2002
Wednesday, September 25, 2002
'Tentatively rescheduled from regular fourth Wednesday.
AGENDA
REGULAR MEETING OF THE STEERING COMMITTEE
ORANGE COUNTY SANITATION DISTRICT
WEDNESDAY, SEPTEMBER 26, 2001 AT 5 P.M.
ADMINISTRATIVE OFFICE
10844 Ellis Avenue
Fountain Valley, California
In accordance with the requirements of California Government Code Section 54954.2, this agenda has
been posted in the main lobby of the District's Administrative Office 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 District
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.
All current agendas and meeting minutes are also available via OCSD's
Internet site located at www.ocsd.com. Upon entering OCSD's web site,
please navigate to the Board of Directors section.
(1) ROLL CALL
(2) APPOINTMENT OF CHAIR PRO TEM, IF NECESSARY
(3) 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 three
minutes.
Matters of interest addressed by a member of the public and not listed on this agenda cannot
action taken by the Committee except as authorized by Section 54954.2(b).
-2- September 26, 2001 Agenda
(4) APPROVE MINUTES OF PREVIOUS MEETING
Approve draft minutes of the August 22, 2001 Steering Committee meeting.
(5) REPORT OF COMMITTEE CHAIR
(6) REPORT OF GENERAL MANAGER
A. Proposed Saturday, November)YDirectors Workshop re Ocean Discharge
Permit.
(7) REPORT OF GENERAL COUNSEL
A. Ordinance to require claims by public agencies.
B. Ordinance establishing statute of limitations period for writs of mandate.
C. Board Meeting Procedural Revisions.
D. Roberts Rules of Order.
(8) DISCUSSION ITEMS (Items A—)
A. Review Agenda Items scheduled to be presented to Committees in October
(Information item only)
(9) OTHER BUSINESS, COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY
(10) MATTERS WHICH A DIRECTOR WOULD LIKE STAFF TO REPORT ON AT A
SUBSEQUENT MEETING
(11) MATTERS WHICH A DIRECTOR MAY WISH TO PLACE ON A FUTURE AGENDA
FOR ACTION AND STAFF REPORT
(12) FUTURE MEETING DATES
The next Steering Committee Meeting is scheduled for 5 p.m., Wednesday, October 24. 2001.
The next Board Meeting is scheduled for 7 p.m., Wednesday, October 24, 2001.
-3- September 26, 2001 Agenda
(13) 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 closed session and are not available for public inspection. At such
time as final actions are taken by the Board on any of these subjects, the minutes will reflect all
required disclosures of information.
A. Convene in closed session to review and approve General Manager's Annual
Performance Evaluation and Compensation (Section 54957.6)
B. Reconvene in regular session
C. Consideration of action, if any, on matters considered in closed session.
(14) ADJOURNMENT
jt
GAWROANGENDAWEERING LDMMRTEEWIL4EMA 1 AGENDA MEETING CALENDAR AND ROLL CALL 9HEET.DOC
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: Norm Eckemode (714)993-8261 (Placentia City Hall)
Secretary: Jean Tappan (714)593-7101
(714)962-0356(Fax)
E-mail: jtappan(o.ocsd.Com
DRAFT
MINUTES OF STEERING COMMITTEE MEETING
Wednesday, August 22, 2001
A meeting of the Steering Committee of the Orange County Sanitation District was
held on Wednesday, August 22,2001 at 5 p.m.,in the Districts Administrative Office.
(1) The roll was called and a quorum declared present, as follows: .
STEERING COMMITTEE MEMBERS: OTHERS PRESENT:
Directors Present: Thomas L. Woodruff, General Counsel
Norm Eckenrode, Chair Don Hughes
Peter Green, Vice Chair Director Tod Ridgeway
Pat McGuigan,Chairman, OMTS Committee Wally Kruetzen
Steve Anderson, PDC Committee Chip Prather
Shirley McCracken, Chairman, FAHR Committee Dana Smith
Jim Silva, County Supervisor Janet Huston
Ryal Wheeler
Directors Absent: Sonja Wassgren
None Joe Racano
Doug Korthof
STAFF PRESENT:
Blake Anderson, General Manager
Bob Ghirelli, Director of Technical Services
David Ludwin, Director of Engineering
Greg Mathews,Assistant to the General
Manager
Lisa Murphy,Communications Manager
Tom Flanagan, Project Specialist
Jean Tappan, Committee Secretary
(2) APPOINTMENT OF CHAIR PRO TEM
No appointment was necessary.
(3) PUBLIC COMMENTS
Mr. Doug Korthof expressed his views on the water crisis in Orange County including antiquated
water laws, crumbling infrastructure,over building in coastal zone, the 301(h)waiver,testing
methodology that should be updated, continuous monitoring of the ocean and going to full
secondary.
Mr.Joey Racano discussed people's resistance to change.
Minutes of the Steering Committee
Page 2
August22, 2001
(4) RECEIVE. FILE AND APPROVE MINUTES OF PREVIOUS MEETING
The minutes of the July 18,2001 Steering Committee meeting were approved as drafted.
(5) REPORT OF THE COMMITTEE CHAIR
Committee Chair Eckenrode reported on the CASA conference held last week in San Diego. He
stated that the session headed by Blake Anderson was the most informative. Blake provided an
overview of the session that included taking an integrated approach to watershed management that
considers technical solutions and governance issues.
Chair Eckenrode reported that he has called a meeting of the Urban Runoff Ad Hoc Committee for
next Wednesday, August 29,2001,al4 p.m. here at the District. Members of that committee are:
Directors Steve Anderson, Shawn Boyd, Don Bankhead, Peter Green, Beth Krom, Tod Ridgeway,
Jim Silva and himself. He has also invited other agency representatives in the area. The goal is to
set standards for what we need to do,fund it, and seek financial support from EPA.
(6) REPORT OF THE GENERAL MANAGER
General Manager Blake Anderson reported that he has reorganized the Administrative Services
group to include strategic planning and oversight of the reinvention programs (DART and LEAD). By
integrating these initiatives, increased efficiencies should result.
Bob Ghirelli, Technical Services Director, provided the members with a heads-up on a new regulatory
control on sewering agencies being proposed by the Regional Water Quality Control Board. New
permits would be issued to all entities in Orange County that collect wastewater,which would
establish controls, detail reporting requirements and spill responses. It is anticipated that the
Sanitation District would be the lead agency. It appears that the Board has taken the federal CMOM
requirements and incorporated them into these new permits. This program is being presented to the
Regional Board in October. Staff will be discussing this with Regional Board staff members to find
out exactly what is being proposed and the get together with the cities in the county to review the
information and then make recommendations during the hearing process. Concerns expressed by
the members were the issue of redundancy and duplication in the information requested,funding,
inconsistency between cities/county of requiring grease traps, ability of the Regional Board staff to
evaluate the data: loss of flexibility to let agencies find solutions. Mr. Ghirelli will report back to the
members as this program evolves.
Lisa Murphy, Communications Manager, thanked Chair Eckenrode for participating in the District's
booth at the Orange County Fair.
Ms. Murphy then described the results of the phone survey that was conducted during a 10-day
period in June. There were 1500 respondents and the survey has a t 2.6% accuracy rate. The
questions addressed sewage treatment, urban runoff and costs of treatment. The data has been
analyzed and the results from inland cities and beach cities have been separated. The major
questions raised by the directors concerned whether the respondents were homeowners or not and
how many people lived in a residence. It was suggested that an interest initiative be circulated
regarding placing the level of treatment on the ballot, though the timing may be a problem. The
Directors directed Ms. Murphy to present the complete survey report at the September Board
Committee meetings.
Minutes of the Steering Committee
Page 3
August22, 2001
(7) REPORT OF GENERAL COUNSEL
General Counsel Tom Woodruff reported on the draft MOU with SAWPA regarding major repairs to
the SARI line. It appears that the draft prepared by SAWPA is an attempt to rewrite the 1972
agreement. The SAWPA draft included provisions that would give equal votes to both agencies on
determining an alternative for the improvement project but did not address impasse. They also
asked to serve as co-lead on other aspects of the project, and that SAWPA must approve all major
repairs over$5,000. Mr. Woodruff indicated that he has rewritten the MOU to address those
requests. The Steering Committee authorized presenting it to the Board for approval in concept,as
there are still some changes necessary. When the MOU is finalized, it will be presented to the PDC
Committee for review.
(8) DISCUSSION ITEMS (Items A-B)
A. County Leadership Program: Authorize General Manager to provide$5000 to fund a
county-wide leadership retreat for elected officials and to confirm participation in the
retreat by the Orange County Sanitation District.
Wally Krueben, CEO of the Transportation Corridor Agencies, presented the
background that led to formation of the sponsoring group, which is made of up
executives of the major agencies in Orange County. The goal is to increase leadership
skills and build relationships between the major Orange County utilities to work more
cooperatively on regional infrastructure issues, as well as building future leadership
capacities in the county.
Major challenges in the county that are anticipated in the next 20 years were discussed
and it is anticipated that the seminar will help electeds make the hard decisions. It will
be an educational opportunity without scrutiny to generate ideas and to start addressing
the actual issues/problems facing every city in the county.
MOTION: It was moved,seconded and duly carried to authorize the General Manager
to provide $5000 to fund a county-wide leadership retreat for elected officials and to
confirm participation in the retreat by the Orange County Sanitation District.
(9) OTHER BUSINESS, COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY
There was no other business discussed.
(10) MATTERS WHICH A DIRECTOR WOULD LIKE STAFF TO REPORT ON AT A
SUBSEQUENT MEETING
There were none.
Minutes of the Steering Committee
Page 4
August 22, 2001
(11) MATTERS WHICH A DIRECTOR MAY WISH TO PLACE ON A FUTURE AGENDA FOR
ACTION ANDfOR STAFF REPORT
There were none.
(12) CONSIDERATION OF UPCOMING MEETINGS
The next Steering Committee meeting is scheduled for September 26, 2001 at 5 p.m.
The next Board Meeting is scheduled for September 26,2001 at 7 p.m.
(13) CLOSED SESSION
The Committee convened at 6:55 p.m. in Closed Session, pursuant to Section 54957.6,to
discuss salaries, benefits, terns and conditions of employment for At-will Contracts with
members of the Executive Management Team. Minutes of the Closed Session are on file with
the Board Secretary. The minutes of the Joint Board will report on the actions when they are
approved.
At 6:58 p.m.,the Committee reconvened in regular session.
(14) ADJOURNMENT
The Chair declared the meeting adjourned at 6:58 p.m.
S miffed by:
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JqdnjTappan
Steeling Committee Secretary
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LAW OFFICES OF
WOODRUFF, SPRADLIN & SMART
A PROFESSIONAL CORPORATION
MEMORANDUM
TO: Chair and Members of Steering Committee
Orange County Sanitation District
FROM: General Counsel
DATE: September 18, 2001
RE: Adoption of Procedures re: 1) Board/Committee Meetings;
and 2) Litigation and Claims
In light of some recent issues that have arisen regarding claims and litigation filed
with the District, together with a significant increase in attendance of public members at
our meetings, it is recommended the Board consider the enactment of several
Ordinances and Resolution, which are essentially "housekeeping" in nature, in order to
provide a continuing fair opportunity for all members of the public, but to allow a
streamlined and efficient process of the District's business.
1. Amendment to Resolution No. OCSD 98-2 re Board of Directors and
Committee Meetings. This Resolution requires three changes—namely:
A. Correction of Board of Directors' meeting time from 6:30 p.m. to
7:00 p.m. in Section 1A.
B. Correction of Committee meeting times from 5:30 p.m. to 5:00 p.m.
in Section 1 L(b), (c), and (d).
C. Reduction in maximum time allowed for an individual speaker from
5 minutes to 3 minutes in Section 1J, and a total of 30 minutes for all speakers on a
given subject.
The change in time is simply to conform to the current schedule that was
established several months ago by the Board for its Committee Meetings. The
reduction in the amount of time is to insure that members of the public, as expressly
provided for in the Ralph M. Brown Act, are afforded a comment period to address the
Board of Directors. The suggested changes will reduce the individual time and the
maximum time for any given subject. Keep in mind that it is always within the
prerogative of the Chair and the Board to either extend individual or collective times, or
to have a second comment period at a later point in the Agenda. This reduction in time
will insure that members of the public that may be present for purposes of participating
in any manner with the many other items on the Board Agenda, than the one involving a
141719\1
September 18, 2001
Page 2
large group of speakers, are afforded a reasonable opportunity to have the matter
presented and discussed at a reasonable time.
2. Robert's Rules of Order. At the present time, the Rules of Procedure that
govern Board Meetings make reference to the utilization of Robert's Rules of Order. It
has been my experience that when a local governmental agency establishes Robert's
Rules as the procedural requirement, the process can be easily misunderstood and
oftentimes abused. Robert's Rules were never designed, nor intended, to serve a local
governing Board such as the District, or City Councils. Rather, it is the set of Rules that
was established for the British Parliament but has become universally accepted as the
Number 1 guideline for meeting procedures. A similar report was provided to the Board
several years ago, a^d the Board indicated that it was willing to accept a recorr-ended
local set of Rules that are largely based on Robert's Rules, but hopefully eliminate those
items which often lead to confusion, misunderstanding, and abuse.
I have prepared a Table of the 17 most common items extracted from Robert's
Rules, and would recommend that they be adopted as the exclusive Rules for the
governing of the meetings of the Board of Directors and its Committees. Anything
beyond those Rules would be subject simply to the rule of authority possessed by the
Chair.
Just by somewhat light example, I would point out that Robert's Rules have no
explicit provision for either a "Motion to Continue" or for a `Substitute Motion", which are
probably two of the most common motions used. The objectives of those motions can
be obtained by one particularly skilled in Robert's, or just by common practice and
acceptance of a local agency. That is a good example why adoption of our own local
Rules can utilize the terminology that is in fact familiar and understood by all Members.
If recommended by the Committee and the Board, we can incorporate it into the
Rules of Procedure Resolution at the next Board Meeting.
3. Adoption of an Ordinance Establishing a Statute of Limitations for Filing
Petition for Writ of Mandate Against the District. It is recommended that the District
enact an Ordinance, pursuant to the authority of California Code of Civil Procedure
Section 1094.6. establishing a statute of limitations of 90 days for any person to file a
petition seeking a writ of mandate from the Superior Court against the District from the
date of the District's action in question.
This Section is expressly provided for in State law, so as to insure that when the
District Board makes certain decisions that need to be implemented, there is not an
undue delay in the initiation of litigation challenging the validity of the decision or the
action. This is commonly adopted by most Cities, and is strongly recommended.
141719\1
September 18, 2001
Page 3
4. Enactment of Ordinance Establishing Requirements for the Presentation
of Claims by Other Public Agencies. The State-wide Government Tort Claims Act,
California Government Code Sections 800, at seq., contains provisions applicable to all
local governmental agencies, setting time limits by which individuals must file a claim
against the District, whether it be for damage to personal property, or for bodily
injury/personal injury. However, the statute otherwise absolves other governmental
agencies from having to comply with the claims procedure, thus allowing them to
directly file litigation without first asserting a claim and presenting it to the District.
Government Code Section 935 specifically authorizes local agencies to adopt an
Ordinance requiring any other public agency to comply with all of the same procedural
requirements as any other claimant when filing a claim, as a precedent to filing litigation
against the District. This, too, is designed to give the District the earliest possible
notification of a dispute or claim by another public agency, and thus allowing the District
to do the necessary research and investigation to determine the validity while the
information is readily available. Most Cities and other local governmental agencies
have enacted such a provision, and this enactment is strongly recommended.
HOMAS L. W ODRUFF
GENERAL COUNSEL
TLW:pj
cc: Mr. B.P. Anderson
Mr. G.G. Streed
Mr. M.D. White
Ms. P. Kyle
141719V
TABLE 1
BOARD PROCEDURES AND ORGANIZATION
SUMMARY OF MOTIONS
A. PRIVILEGED MOTIONS
Kind of Second
Motion Required Debatable Amendable Vote Required Purpose
Adjourn Yes No No Majority To end the meeting
To Take a Yes No No Majority To interrupt a
Recess meeting for a short
time or to provide
an intermission
Raise a No No No None To obtain action
Question of immediately in an
Privilege I I I I emergency
B. MAIN MOTION AND RELATED
SUBSIDIARY MOTIONS
Kind of Second Vote Required
Motion Required Debatable Amendable Purpose
Main Motion Yes Yes Yes Majority To introduce new
business
Amend Main Yes Yes Yes Majority To modify or alter
Motion a motion
Substitute Yes Yes Yes Majority To replace the main
Motion motion entirely
Previous Yes No No Majority To close debate
Question on the main or
amended motion
immediately
Continue to a Yes Yes Yes Majority To defer action
Certain Time
To Table Yes No No Majority To discontinue
consideration until
brought back by
vote of the Board
Take a Yes No No Majority To bring before the
Motion from group a motion
the Table previously tabled
Limit or Yes No Yes Majority To limit or extend
Extend Limits limits of debate
of Debate
1
Refer to a Yes Yes Yes Majority To place business
Committee in hands of a
Committee
Withdraw a No No No None To withdraw a
Motion motion before
it is voted on
Reconsider Yes Yes No Majority. To secure a new
Must be by a vote on a motion
Director who previously voted
voted for the upon
prevailing
side on the
original
motion
C. INCIDENTAL RULES
NON-RANKING
Kind of Second Vote
Motion Required Debatable Amendable R uirI
seRequest to Yes No No Two-ThateSuspend the sRules y to oftion
Override Yes No No Majority To have
Order of the Board
Chair majority rule
on the order
Point of Order No No No None To enforce
the rules of
the
organization
2
STEERING COMMITTEE Mee0ng Date TOBd.or .Dir.
09/26/01
AGENDA REPORT Item Number Item Number
Orange County Sanitation District
FROM: Blake P. Anderson, General Manager
Originator: Jean Tappan, Committee Secretary
SUBJECT: October Agenda Items for Consideration by Working Committees
GENERAL MANAGER'S RECOMMENDATION
Review with staff the agenda items tentatively scheduled for review by the Working
Committees in October.
SUMMARY
Staff routinely prepares for the Steering Committee a list of items scheduled for
presentation to the Working Committees and the Board 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 October:
OMTS Committee: 1. Receive and File Technical Services Monthly Report
2. Receive and File Operations & Maintenance Monthly Report
3. Ocean Discharge Issues Update
4. FY 2001/02 Operational Research Program
PDC Committee: 1. Ratify Change Order No. 1 to SP2000-29, Junction Structure
Upgrade
2. Approve plans and specifications and award construction
contract for Job No. P1-37, Primary Clarifiers 16-31 and
Related Facilities
3. Approve Addendum No. 2 to Job No. J-84, Space Allocation
and Interior Renovation
4. Approve budget amendment for Job No. J-71-7, Scrubber
Monitor and Control
5. Status Report on contract cost and schedule for bid for Job
No. J-36, Groundwater Replenishment System
FAHR Committee: 1. 2001/02 End-of-Year Operation Report
2. Update on Compensation and Classification Study
3. SPMT Performance-Based Compensation System
4. SARI Relocation MOU with SAWPA
5. GWRS Agreement with OCWD
6. Quarterly Review of HR Policies and Procedures
PROJECT/CONTRACT COST SUMMARY
N/A
BUDGETIMPACT
❑ This item has been budgeted. (Line item: )
❑ This item has been budgeted, but there are insufficient funds.
❑ This item has not been budgeted.
® Not applicable (information item)
ADDITIONAL INFORMATION
NA
ALTERNATIVES
NA
CEQA FINDINGS
Not a project.
ATTACHMENTS
NA
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NOTICE AND AGENDA
SARI RELOCATION/PROTECTION
JOINT MANAGEMENT COMMITTEE MEETING
DATE/TIME: TUESDAY,SEPTEMBER 25, 2001 -1:00 P.M.
LOCATION: Yorba Linda Community Center
4501 Casa Loma Ave.,Yorba Linda, CA
AGENDA
1. Call to Order (Acting Chairman—Rich Haller)
2. Members of the Public May Address the Committee on Matters Within its Jurisdiction
3. Committee Organization
• Election of Officers
• Administrative Issues
4. MOU Issues
5. Recap of Alternatives Evaluation Process and Committee Involvement
6. Status of Emergency Repairs to Existing Facilities
7. Alternatives Evaluation
• Start Date
• Approval of Scope of Work
8. Reimbursement of Past,Current, and Future Work
9. Next Meeting and Follow-on Actions
10. Adjournment
SAWPA Commissioners: Jerry King,Wayne Holcomb,Mark Bulot
OCSD Directors: Norm Eckemode, Peter Green,Steve Anderson
COMNDTTEE MEMORANDUM
DATE: September 25, 2001
TO: Joint Management Committee
SUBJECT: Santa Ana Regional Interceptor Protection/
Relocation
PREPARED BY: Rich Haller, Sr. Project Manager
RECOMMENDATIONS
1. Organization of Joint Management Committee:(a)Select Committee Co-chars,one each
from SAWPA and OCSD(b)establish responsibilities for administration of meetings(c)
establish decision making policy.
2. Discuss issues relative to the Memorandum of Understanding(MOU)developed from the
SAWPA and OCSD MOU drafts.
3. Discuss role of Joint Management Committee in the protection/relocation alternatives
analysis and follow-up activities.
4. Receive presentation on the status of emergency repairs to existing SARI facilities.
5. Discuss the alternatives evaluation process start date and consultant scope of work.
6. Discuss reimbursements of costs.
7. Review follow-on actions and set next meeting date.
DISCUSSION
1. This is the first meeting of the SARI Protection/Relocation Joint Management
Committee. Serving on the committee are three SAWPA Commissioners(Jerry King-
Commission Chair, Wayne Holcomb-Commission Vice Chair,Mark Bulot)and three
OCSD Board members(Norm Eckenrode-Board Chair,Peter Green- Vice Chair,
Steve Anderson- Chair of Planning,Design, Construction Committee). Organization
of the Committee is required. It is suggested the following actions be taken:
(a) Select Committee Co-Chairs,one each from OCSD and SAWPA. Identify one
co-chair to conduct the meetings or alternate from meeting to meeting between
the co-chairs.
(b) Administration of meetings.Meeting minutes—for this meeting SAWPA has
volunteered to take meeting notes and prepare meeting minutes for Committee
approval. It is proposed that SAWPA continue preparing the draft meeting
minutes. OCSD staff have volunteered to arrange for the meeting room.
(c) Decision Making. It is proposed that all actions of the Committee be voted on
and that SAWPA and OCSD each have one vote. All recommendations of the
Committee are subject to the approval of the SAWPA Commission and OCSD
Board.
2. Memorandum of Understanding. The initial draft MOU was prepared by SAWPA to
clarify the role of the Joint Management Committee and SAWPA's participation in the
project decision making process. OCSD and SAWPA monthly coordination meetings
have defined a general understanding that SAWPA will be included in a joint decision
making process, and that both OCSD and SAWPA approvals would be required on
SARI protection and/or relocation alternatives. The MOU prepared by SAWPA Staff
is attached. A second draft MOU has been prepared by the OCSD Legal Counsel and
is also attached.
The following is a summary of the more significant differences between the two
positions which require Committee discussion and resolution .
(a) Modification of 1972 Agreement. SAWPA: MOU will modify original
agreement, as it relates to the SARI protection/relocation. OCSD:MOU will
not amend the original agreement as amended.
(b) Change to definition of"Major Repairs".OCSD: increase dollar threshold to
$100,000 from the$5,000 specified in 1972 Agreement. SAWPA: no
disagreement;the cost of minor repairs are included in the base rates paid by
SAWPA to OCSD.
(c) CEQA process: SAWPA: both organizations should function cooperatively as
the 'Lead Agency'; it will be important to coordinate the alternatives'
evaluation and CEQA process and make adjustments as required.The CEQA
process and determination should be consistent with the recommendations of
the Joint Management Committee.OCSD: OCSD will be the 'Lead Agency'.
(d) Joint Decision Making—failure to agree. SAWPA: SAWPA's approval will
not be unreasonably withheld.In the event mutual agreement cannot be
reached,binding arbitration through the Judicial Arbitration and Mediation
Service is proposed.OCSD: unilateral decision by OCSD Board.
(e) Project implementation—SAWPA:all project decisions shall be made jointly
by SAWPA and OCSD through the Joint Management Committee and
respective Board/Commission. OCSD:joint oversight by OCSD and SAWPA.
(f) Cost sharing of major repairs—SAWPA: Major repairs to performed only after
joint evaluation, and prior approval of both governing boards.. OCSD: Major
Repairs are reimbursable per the original agreement.
(g) Preparation of draft MOU for review by Joint Management Committee. Based
on the input from the Joint Management Committee, SAWPA's staff shall(1)
prepare a revised draft,and(2)coordinate with OCSD's staff and resolve
differences in a spirit of cooperation.
3. Role of Joint Management Committee in alternatives' evaluation and follow-up
activities.The general process and decision points are shown in the attached
alternatives evaluation flow chart. It is suggested the Committee members provide
input on the Committee's role throughout the project including alternatives evaluation
and selection, CEQA,design,bidding,construction,etc..
4. Status of emergency repairs. OCSD staff will provide an update on the emergency
repairs now under way. OCSD is performing emergency repairs on the eighteen
existing manholes within the affected reach of the SARI. The work consists of
constructing access to the manholes,strapping together the pre-cast concrete sections,
and installing a plate at the manhole bottom(sometimes termed a"pressure
manhole").
5. Alternatives Evaluation Process—start date and consultant scope of work. SAWPA:
start after completion of the MOU. Scope of work, alternatives to be studied, and
evaluation criteria to be discussed at next committee meeting. OCSD: start after
SAWPA commitment to pay,which is needed as soon as possible.
6. Reimbursement of Past, Current and Future Costs. OCSD has submitted invoices
totaling$1,042,130.16 for consultant and OCSD staff time for the period July 2000
through March 2001. A contract for$450,000 has been awarded for emergency repairs
of the existing SARI facilities.The proposed cost for professional services for the
alternatives analysis is $688,082. Additional future costs are undefined at this time.
SAWPA: past,present and future costs to be paid in accordance with the 1972
Agreement and the pending MOU,after completion of the MOU. OCSD: a
commitment to pay costs is required now to allow the alternatives analysis to start.
7. Review follow-up actions and set next meeting date. It is suggested the Committee
review the actions agreed to during the meeting and set a date for the next meeting.
Attachments
- SARI Expanded Alternative Study Flow Chart
- SAWPA Draft MOU
- OCSD Draft MOU