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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 Gwp.geNpmiawewxgcommnev�o�4Sry w9Moi scminmes.e 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 mww.00.4.wm .111.0 odd:xc PO. Box 9127 NOTICE OF MEETING w atmn Vans,cA 92726-6127 OF THE e0 toddres.: STEERING COMMITTEE 10844 she Avenue Founteln Velie 92708-7016 ORANGE COUNTY SANITATION DISTRICT Member AgsnNn WEDNESDAY, SEPTEMBER 26, 2001 - 5 P.M. • Citing Attention DISTRICT'S ADMINISTRATIVE OFFICE Brea Beane Park 10844 ELLIS AVENUE Cypress Fountain FOUNTAIN VALLEY, CALIFORNIA 92708 Fulleartonrtan Slarifien Grove HuntlngtanWn Beech ne 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 7✓atin Wild Perk YOMe Lima Ceurtg of Orange Soot ary Districts Corte Mesa Mldwey Gtp Winner Olttrlet. 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: �C JqdnjTappan Steeling Committee Secretary G.'1rq.WbpeMelSlxNp CprvMlxlplWg10Y1M1 SL MNNaa.Ox 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 jt G'My.alB�p "a F,Mng Cw ut,eW1VepWM1 list p1 ARfter Oet-v.dm Axe: armree Page 2 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