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HomeMy WebLinkAbout2002-01 DRAFT MINUTES OF STEERING COMMITTEE MEETING Wednesday, January 23, 2002 A meeting of the Steering Committee of the Orange County Sanitation District was held on Wednesday, January 23, 2002 at 5 p.m., in the District's 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 Randy Fuhrman Vacant,Vice Chair Joey Racano Pat McGuigan, Chairman, OMTS Committee Doug Korthof Steve Anderson, PDC Committee Chris Hillman Shirley McCracken, Chairman, FAHR Committee STAFF PRESENT: Directors Absent: Blake Anderson, General Manager Jim Silva, County Supervisor Bob Ghirelli, Director of Technical Services Greg Mathews, Assistant to the General Manager Gary Streed, Director of Finance Lisa Murphy, Communications Manager Mike Moore, ECM Manager Jean Tappan, Committee Secretary FILED IN THE OFFICE OF THE SECRETARY (2) APPOINTMENT OF CHAIR PRO TEM ORANGE COUNTY CANITATION DISTRICT No appointment was necessary. FEB 272002 (3) PUBLIC COMMENTS - - Joey Racano and Doug Korthof spoke against the renewal of the waiver. (4) RECEIVE. FILE AND APPROVE MINUTES OF PREVIOUS MEETINGS The minutes of the October 24 and November 28, 2001 Steering Committee meetings were approved as drafted. Minutes of the Steering Committee Page 2 January 23, 2002 (5) REPORT OF THE COMMITTEE CHAIR Committee Chair Eckenrode reported on the annual CASA Mid-winter conference that was held January 16-19 in Palm Springs. Director Silva also attended this conference. The spring conference will be held at Sierra Peak in Lake Tahoe. Chair Eckenrode also reported on the annual meeting of the Santa Ana River Watershed Group in Ontario, CA on January 9-10,and a meeting that he attended with Bill Mills and Iry Pickier from OCWD with former Senator Hannigan in Sacramento to discuss the GWRS project and additional funding. He announced that he would be attending the annual Orange County legislators' luncheon in Washington, DC on February 13. The District sponsors this event with the OCW D. (6) REPORT OF THE GENERAL MANAGER General Manager Blake Anderson on several issues. A. Report on Orange County Leadership Symposium held at Lake Arrowhead January 13-15. Mr.Anderson reported that over 60 county leaders attended, including Directors Pat McGuigan, Mark Leyes,Jim Silva, Debbie Cook,Jim Ferryman, Laurann Cook?. This was the beginning of a process and additional one-day issue-specific workshops are anticipated. Director McGuigan said that it was a great leaming experience and offered an opportunity to interface and inter-relate with people from other agencies. Mr. Anderson indicated that different activities are being planned over the next year and another symposium planned for January 2003. B. Update on actions of OCSD/SAWPA Joint Management Committee re SARI. Mr.Anderson said that staff is reviewing another version of the MOU. SAWPA has suggested that the JMC not meet unfit the terms of the MOU are agreed on. The next meeting is tentatively scheduled for February 26. The draft study on additional alternatives for the SARI line relocation has been received and a workshop to review the alternatives is scheduled for January 31. Director McGuigan suggested that the working committees view the video that has been produced about SAWPA to help the directors understand that agences responsibilities. C. Biosolids Update. Bob Ghirelli, Director of Technical Services, reported on the due diligence findings on the ICOR composting facility in Colton. The consulting auditor has raised some issues of concern. A report will be presented on the auditor's findings at the February 6 OMTS Committee meeting. Mr. Ghirelli also reported that General Counsel and staff are discussing whether to pursue litigation against Kings County. Biosolids are now being delivered to Mojave Indian land to be used as land application for feed crops for the dairy industry in Chino. Mike Moore reported that before the District agreed to using this site, he visited the property four times to ensure that the District's standards and permit requirements would be met. An extensive monitoring program has been implemented on the fans to monitor the depth to groundwater limits are met. D. January 24 Ad Hoc Committee Meeting re Urban Runoff. Bob Ghirelli explained the need to amend the District's charter to allow the acceptance and treatment of urban runoff. The language is the same as IRW D used in its request to the legislature to amend its charter. This will just legitimize what we are doing with dry weather Minutes of the Steering Committee Page 3 January 23, 2002 runoff flows. He mentioned that several agencies expressed concern at the CASA meeting about our intentions to accept these flows, that it could be conceived as a precursor of future required changes for other agencies. E. Security Issues. Greg Mathews reported on changes in security since September 11. Director Silva requested an evaluation of the 1998 security report. They will be discussed at the next meeting. F. Ball Road Sewer Relocation. Mr. Anderson reported on continuing negotiations with the City of Anaheim on the cost sharing for this relocation. G. Repairs to Digester Gas Holder at Plant 2. Mr.Anderson reported that the costs identified in Board Agenda Item 14 have been revised because additional work will be required on the structure as well as replacing the bladder. The amount requested is being increased to$430,000. H. Lisa Murphy, Communications Manager, reported that copies of a new video would be given to all directors, cities, and agencies in the service area as well as local television stations. It provides a general overview of the treatment level issues and calls for public input. It will be shown at the Board meeting for the first time. (7) REPORT OF GENERAL COUNSEL General Counsel Tom Woodruff reported on possible wide-ranging financial impacts to the District and the cities of a successful appeal of a court case by a properly owner on property tax assessment practices. The Committee requested that Mr. Woodruff update them as additional information is received. (8) DISCUSSION ITEMS (Items A-C) A. Rules of Procedure for the Conduct of Committee Business Chair Eckenrode indicated that he would be making changes to the makeup of the committees. It may require a change to the resolution if any of the beach cities representatives do not want to serve on the OMTS Committee. Moved, seconded and duly carried to approve and adopt Rules of Procedure, as set forth In District Resolution No. OCSD 01-23, as the Rules of Procedure of the Steering Committee. B. The Agenda Items scheduled to be reviewed by the Board's working committees in February were reviewed. Mr. Ghirelli reported that the items listed as 1 and 2 would be reviewed in March. The SAWPA video will be included on all the committees'agendas. C. The agenda items scheduled to be presented to the Board at tonight's meeting were reviewed. (9) OTHER BUSINESS, COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY There was no other business discussed. v Minutes of the Steering Committee Page 4 January 23, 2002 (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 February 27, 2002 at 5 p.m. The next Board Meeting is scheduled for February 27, 2002 at 7 p.m. (13) CLOSED SESSION The Committee convened at 6:15 p.m. in Closed Session, pursuant to Government Code Sections 54956.9, to discuss three cases of existing or anticipated litigation. Minutes of the Closed Session are on file with the Board Secretary. Confidential Minutes of the Closed Session held by the Steering Committee have been prepared in accordance with Government 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 6:50 p.m.,the Committee reconvened in regular session. (14) ADJOURNMENT The Chair declared the meeting adjourned at 6:50 p.m. S miffed by: J#60 Tappan Stabring Committee Secretary G W WYpMl4eMgCmmtlw'ONmN�N@SC MYxrle[tbc 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, January 23, 2002,was duly posted for public inspection in the main lobby of the District's offices on Thursday, January 17, 2002. IN WITNESS WHEREOF, I have hereunto set my hand this 23rd day of January, 2002. P nny Kyle,Secretary of,t a Board of Directors of Orange County Sanitation{District Posted: January 17 , 2002, a- 3 7 P.M. By: ��r gnature wpdo6gm�Vtr m�pacHM(m ORANGE COUNTY SANITATION DISTRICT BOARD SECRETARY (2) y2411 (714)962-2411 1m [714)962A 56 WMa.MJe.4e111 Pa. ea,8127 NOTICE OF MEETING Faun 9272B.812s-612A 927 OF THE .c..e.°4nw: STEERING COMMITTEE 10944 Ellis Avenue Fdun,..n ve",,G 92709-7016 ORANGE COUNTY SANITATION DISTRICT t4.me.n ApW.0 WEDNESDAY, JANUARY 23, 2002 - 5 P.M. MI.. DISTRICT'S ADMINISTRATIVE OFFICE elBa scene Park 10844 ELLIS AVENUE F4unwn wlla FOUNTAIN VALLEY, CALIFORNIA 92708 Fullerton Gallen Grove Hun�nptdn Beech Irvin° Le Mehra Le P.I. A regular meeting of the Steering Committee of the Board of Directors of nlaL� ,r Baa n Orange County Sanitation District will be held at the above location, date and Oren, time. PIe.,us Sonia A. Seel Beech. Stamm Tusvn Villa Perk Ysnus Lmde e.anet .r Doan.. s.4n.ry Ul.tel". Cosh Mesa "dway Cs' W.ue OLMm bvinc Rench To mamcem world class leedolhip in weerewster and water resource management. STEERING COMMITTEE AND BOARD MEETING DATES FOR THE NEXT TWELVE MONTHS 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 Wednesday, October 23, 2002 Wednesday, November 20, 2002' Wednesday, December 18, 2002' `Tentatively rescheduled from regular fourth Wednesday. STEERING COMMITTEE (1) Roll Call: Meeting Date: January 23 2002 Meeting Time: $p.m, Meeting Adjourned:_ Committee Members Norm Eckenrode, Chair Vacant, Vice Chair Steve Anderson, Chair, PDC Committee Pat McGuigan, Chair, OMTS Committee _ Shirley McCracken, Chair, FAHR Committee Jim Silva, Supervisor Others Thomas L. Woodruff, General Counsel Don Hughes Staff Present Blake P. Anderson, General Manager................................ Bob Ghirelli, Director of Technical Services....................... David Ludwin, Director of Engineering............................... Patrick Miles, Director of Information Technology..... ........ Robert Ooten, Director of Operations & Maintenance........_ Gary Streed, Director of Finance........................................ Lisa Tomko, Director of Human Resources........................ Greg Mathews, Assistant to the General Manager............. Lisa Murphy, Communications Manager............................ JeanTappan. Secretary..................................................... c: Lenora Crane AGENDA REGULAR MEETING OF THE STEERING COMMITTEE ORANGE COUNTY SANITATION DISTRICT WEDNESDAY, JANUARY 23, 2002 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 Rem 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, R 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). Bonk Page 1 -2- January 23, 2002 Agenda (4) APPROVE MINUTES OF PREVIOUS MEETING Approve draft minutes of the October 24, 2001 and November 28, 2001 Steering Committee meetings. (5) REPORT OF COMMITTEE CHAIR A. Report on SARW G Joint Conference in Ontario, CA held on January 9-10 B. Report on Meeting with Senator Hannigan in Sacramento re GW RS C. Report on CASA Conference held January 16-19 at Palm Springs D. Announcement of Legislators Luncheon in Washington, DC on February 13 (6) REPORT OF GENERAL MANAGER A. Report on Orange County Leadership Symposium held at Lake Arrowhead January 13-15 (Blake Anderson) B. Update on actions of OCSD/SAW PA Joint Management Committee re SARI (Blake Anderson) C. Biosolids Update (Bob Ghirelli) D. January 24 Ad Hoc Committee re Urban Runoff Meeting (Bob Ghirelli) E. Security Issues (Greg Mathews) (7) REPORT OF GENERAL COUNSEL (8) DISCUSSION ITEMS (Items A-C) A. Rules of Procedure for the Conduct of Committee Business: A motion to approve and adopt Rules of Procedure, as set forth in District Resolution No. OCSD 01-23, as the Rules of Procedure of the Steering Committee. B. Review Agenda Items scheduled to be presented to Committees in February (Information item only) C. Review and consideration of Agenda Items for Board of Directors Meeting of January 23, 2002 (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 Book Page 2 -3- January 23, 2002 Agenda (12) FUTURE MEETING DATES The next Steering Committee Meeting is scheduled for 5 p.m., Wednesday, February 27, 2002. The next Board Meeting is scheduled for 7 p.m., Wednesday, February 27,2002. (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 properly; (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: 1. Confer with General Counsel re existing litigation, Orange County Sanitation District, at al. v. County of Kem, at al., Tulare County Superior Court Case No. 189564. (Government Code Section 54956.9) 2. Confer with General Counsel re anticipated litigation,one (1)potential case. (Government Code Section 54956.9(c)) 3. Confer with General Counsel re existing litigation,Tran, at al. v. Orange County Sanitation District, at al., Orange County Superior Court Case No. 00CC05306. (Government Code Section 54956.9) B. Reconvene in regular session C. Consideration of action, if any, on matters considered in closed session. (14) ADJOURNMENT jt GAWP.GTANGENGAIST MNG WMMIIlEE10 Wl M2 AGENMDOL Book Page 3 -4- January 23, 2002 Agenda 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 Eckenmde (714)993-8261 (Placentia City Hall) Secretary: Jean Tappan (714)593-7101 (714)962-0356(Fax) E-mail: Ita DDan(cDOCSd.CORI Book Page 4 DRAFT MINUTES OF STEERING COMMITTEE MEETING Wednesday, October24, 2001 A meeting of the Steering Committee of the Orange County Sanitation District was held on Wednesday, October 24, 2001 at 5 p.m., in the District's 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 Ryal Wheeler Pat McGuigan, Chairman, OMTS Committee Doug Korthof Steve Anderson, Chairman, PDC Committee Jim Hinch Shirley McCracken, Chairman, FAHR Committee Jim Silva, County Supervisor STAFF PRESENT: Blake Anderson, General Manager Directors Absent: Greg Mathews,Assistant to the General None Manager Mike Moore, ECM Manager Lisa Murphy, Communications Manager Jean Tappan, Committee Secretary (2) APPOINTMENT OF CHAIR PRO TEM No appointment was necessary. (3) PUBLIC COMMENTS There were no comments by any member of the public. (4) RECEIVE. FILE AND APPROVE MINUTES OF PREVIOUS MEETING The minutes of the September 26, 2001 Steering Committee meeting were approved as drafted. (5) REPORT OF THE COMMITTEE CHAIR Committee Chair North Eckenrode reported on the NWRI Urban Watershed Conference that he attended last week in Costa Mesa. He also reminded the Directors of the Workshop scheduled for Book Page 5 Minutes of the Steering Committee Page 2 October 24,2001 Saturday, November 3 between 8 and 11 on issues relating to the ocean discharge permit application. He encouraged the Directors to invite their fellow council members. (6) REPORT OF THE GENERAL MANAGER General Manager Blake Anderson reported that he would be presenting a recommendation to the FAHR Committee and the Board in November to re-establish an early retirement incentive that will add two years of service credit for employees retiring through March 31, 2002. This program has been offered in five of the last six years;the only difference is that certain positions may be backfilled in accordance with the Five-year Staffing Plan. Mr.Anderson discussed the Regional Board's proposed Water Discharge Requirements for local sewer systems. This program is based on the federal CMOM regulations that remain under review by EPA,and address the operations of local sewer systems that feed regional systems like OCSD. OCSD may be asked to take on training, outreach, reporting, data management, standards development, and other service area-wide coordinating administrative tasks. We will not have operational and maintenance responsibilities. There will be a workshop on December 7 to discuss the proposed regulations with adoption by the Regional Board scheduled for February or March. Director McGuigan requested that flexibility be a major component. The Directors were reminded of the OCSD Cooperative Projects program that provides 50%funding toward city projects that improve the sewer systems in our service area. Staff will continue to monitor the program. The Regional Board is nearing completion on the third stormwater permit issued to the County and the cities. The issues are whether to control discharges as they enter the storm drain system or as they leave storm drain systems and into receiving water, and whether mitigation must be done parcel-by-parcel or regionally. Dry weather runoff diversions will be continued. This permit was originally scheduled for adoption on December 7, but it has been delayed. Staff will continue to monitor this program as well. The second meeting of the SARI Relocation Joint Management Committee occurred on October 23. Three members from each of the boards of OCSD and SAWPA plus staff worked out a 50:50 cost- sharing formula for engineering costs necessary to reevaluate the alternatives for protecting the portion of the line in the Santa Ana River. The interim improvements are expected to be complete by the target date of December 1. It was suggested that a feasibility report be prepared on the impacts of returning the line to SAWPA. Use Murphy,Communications Manager, reported that 3100 copies of the SARI News, a newsletter on the project,were mailed to residents and businesses in Anaheim Hills and Yorba Linda. The dates for the County-wide Leadership Symposium has been set for January 13-15, 2002 at the UCLA Conference Center at Lake Arrowhead. This retreat, entitled"Leading Our Communities: Being the Change We Seek;will be offered to electeds on regional authorities, the League of California Cities-Orange County executive committee and the Board of Supervisors. It will provide tools and principles that can be applied to issues facing the county, rather than focusing on the particular issues. Twenty staff members participated in the fourth annual tabletop emergency response training exercise today as a tune-up on dealing with high flows that could occur this winter. The results were encouraging and it went well. Deficiencies will be corrected as soon as possible. Book Page 6 Minutes of the Steering Committee Page 3 October 24, 2001 In November, the OPATS will review the due diligence report on the ICOR facility, a Class A biosolids operation. Action will be required by the OMTS Committee in December. The major issue is marketability of the product. The committee suggested review by the FAHR Committee, as this is a major expenditure. (7) REPORT OF GENERAL COUNSEL General Counsel Tom Woodruff reported that the November 19 date for the Crow Winthrop trial is going forward. The first item listed in Closed Session has been settled and will be removed. General Counsel also reported that his office received information relating to possible settlement of a dispute involving defective parts to the District's central generation equipment, and that this item needed to be added to the Closed Session agenda for discussion. Motion: Moved, seconded and duly carried to add one item to the Closed Session agenda,to wit: Confer with General Counsel re Initiation of litigation pursuant to Government Code Section 54956.9(c)-one matter. (8) DISCUSSION ITEMS (Items A-B) A. Proposed Policy re Communications Disclosures on GWRS Mr.Woodruff reported that the resolution on the Steering Committee and Board agendas was prepared by Counsel to include a twelve-month time line as indicated in the meeting minutes of the Joint Cooperative Committee. However, the resolution approved by the Orange County Water District did not include the twelve-month time line. A revised resolution was presented to the directors for review, omitting the time line. Director McCracken asked that the resolution be revised to address communications specifically about the projects. Motion: Moved, seconded and duly carried to recommend that the Board approve a resolution establishing a policy and procedure for disclosure of contacts or communications with the following revision to Section 1: "That the Joint Cooperative Committee Members involved with the approval of contracts for the Groundwater Replenishment System shall publicly disclose any communications pertaining to the contract under consideration by the Committee, Including name and date,that they have had with any prospective consultant,supplier, or contractor to the Joint Cooperative Committee prior to voting on an item involving said consultant, supplier, or contractor." B. The Agenda Items scheduled to be reviewed by the Board's working committees in November were reviewed. (9) OTHER BUSINESS.COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY At Chairman Eckenrode request, Director Jim Silva will take the lead on Board Agenda Item 16, Revisions to Reservists Leave policy. Director Silva has a son and daughter currently serving in the military. Book Page 7 Minutes of the Steering Committee Page 4 October 24, 2001 (10) MATTERS WHICH A DIRECTOR WOULD LIKE STAFF TO REPORT ON ATA 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 Director McCracken asked that the Directors be polled again during tonighfs Board meeting to see whether there will be a quorum at the December 19 Board meeting, and if not to consider rescheduling it. Three of the Steering Committee members will be attending the annual conference of the League of California Cities,which was rescheduled from October. The next Steering Committee meeting is scheduled for November 28, 2001 at 5 p.m. The next Board Meeting is scheduled for November 28,2001 at 7 p.m. (13) CLOSED SESSION The Committee convened at 6:18 p.m. in Closed Session, pursuant to Government Code Sections 54957 and 54956.9(c), to discuss new security measures for District facilities,the General Manager's Annual Performance Evaluation and Compensation, and possible settlement of a dispute with a District vendor. Confidential Minutes of the Closed Session held by the Steering Committee have been prepared in accordance with Government 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 6:55 p.m., the Committee reconvened in regular session. (14) ADJOURNMENT The Chair declared the meeting adjourned at 6:55 p.m. bmitted by 440TTappan Bring Committee Secretary GAWMKpenW\SleMrq CpmWes101btl110MIsc ..0 Book Page 8 DRAFT MINUTES OF STEERING COMMITTEE MEETING Wednesday, November 28, 2001 A meeting of the Steering Committee of the Orange County Sanitation District was held on Wednesday, November 28, 2001 at 5 p.m., in the District's Administrative Office. (1) The roll was called and a quorum was not present, as follows: STEERING COMMITTEE MEMBERS: OTHERS PRESENT: Directors Present: Thomas L. Woodruff, General Counsel Peter Green, Board Vice Chair Don Hughes Pat McGuigan, Chairman, OMTS Committee Ryal Wheeler Shirley McCracken, Chairman, FAHR Committee Mark Biggers Randy Furman Directors Absent: Jan Vandersloot North Eckenrode, Board Chair Steve Anderson, Chairman, PDC Committee STAFF PRESENT: Jim Silva, County Supervisor Blake Anderson, General Manager Bob Ghirelli, Director of Technical Services David Ludwin, Director of Engineering Greg Mathews,Assistant to the General Manager Gary Streed, Director of Finance Use Tomko, Director of Human Resources Jan Collins, Human Resources Analyst Chuck Winsor, Senior Engineer Jean Tappan, Committee Secretary (2) APPOINTMENT OF CHAIR PRO TEM Peter Green was appointed Chair pro tern in Chairman Norm Eckenrode's absence. (3) PUBLIC COMMENTS Ryal Wheeler spoke to the Committee about the Plant Tour program. Jan Vandersloot spoke on the positive things the District is doing but questioned accepting sewage from outside the District's boundaries. He fell that additional CEQA analysis is required. Blake Anderson, General Manager, responded to Mr. Vandersloot's concern by explaining past and present practices of accepting sewage from areas that naturally drain to our service area, as well as other agencies accepting Orange County flows that drain into their service areas. Book Page 9 I Minutes of the Steering Committee Page 2 November 28,2001 (4) RECEIVE FILE AND APPROVE MINUTES OF PREVIOUS MEETING The minutes of the October 24,2001 Steering Committee meeting were reviewed and will be reconsidered at the January 23, 2002 meeting. (5) REPORT OF THE COMMITTEE CHAIR Chair pro tern Green reported on the CASA conference in January and that there would be no Steering Committee meeting in December because of a conflict with the League of Cities annual conference. (6) REPORT OF THE GENERAL MANAGER General Manager Blake Anderson reported on the following items: A. Legislative Affairs Issues for 2002 were discussed_ There are several Sacramento and Washington, DC, initiatives that could impact the District. Staff will confer with the Steering Committee to help develop effective responses. Eric Saperstein has been retained for the last three years to follow Washington. DC, activities and will continue to do so. Scott Baugh has been hired to consult on a wide range of issues in California. The District will need to be more active in Sacramento and will turn to our electeds on our Board for securing additional support in both California and Washington. Staff will continue to work with CASA and AMSA on the various technical and legislative committees that have served us so well in the past B. Status of Agreement with SAWPA re SARI Improvements in the vicinity of Yorba Linda: The General Manager reported that the Joint Management Committee continues to meet to discuss the issues. Staff from both agencies met today, November 28,on the MOU and it now appears that we are 90% in agreement. Staff anticipates an agreement will be ready for Board approval in January. A Supplemental EIR may be required on any new alternatives that are beyond the scope and intent of the originally studied four alternatives. C. On-going countywide discussions regarding stormwater and dry weather runoff:The General Manager reported on the countywide discussions regarding stormwater and dry weather runoff. The county, cities and special districts will be meeting soon to discuss the technical solutions and institutional arrangements that can most effectively address polluted runoff. IRWD and Santa Margarita Water District have received changes in their charters to handle urban runoff. OCSD would like to mimic this authority and to get sponsors in place. The members of the Steering Committee expressed agreement with this action. D. Update on Compensation and Classification Study: Jan Collins provided a briefing on the results of the study. They also discussed the approach the consultant used in general terms. Nine agencies and four cities were contacted for the compensation portion of the study. The consultant is recommending that the District use 75%as the Book Page 10 Minutes of the Steering Committee Page 3 November28,2001 benchmark for salaries to ensure getting and retaining the best qualified people. The final report will be presented to the FAHR Committee and the Board in January. When approved by the Board, Meet and Confer sessions will be held with the labor groups. E. Security Issues: Greg Mathews asked that the full report be delayed because Director Silva had asked for this information and he was not present. It will be discussed at the January Steering Committee meeting. Mr. Mathews provided a brief update on changes in the District's facility security policies and procedures. F. Consider Moving FAHR Committee meeting from December 12 to January 9: The Steering Committee decided to cancel the regular December 12 meeting and reschedule it for January 9,2002 to allow staff time to finalize recommendations on the Compensation and Classification Study, and to relieve the presently compressed December meeting schedule. G. Strategic Goals for 2002-03: The approach for establishing the Strategic Goals for the agency for fiscal year 2002-03 were discussed. Staff and members of the Steering Committee will meet in special meetings to help refine the goals and tasks for the coming year's budget preparation. H. ICOR Composting Facility: Staff updated the members regarding the progress on the ICOR Composting Facility due diligence. It is taking longer than staff had anticipated and,for this reason, staff recommended that the monthly"lost opportunity fee"paid to the ICOR Company be extended by three months, not the one month stated in the agenda report to the Board. I. Miscellaneous Items: Natural gas prices have fallen to the point where the 2001-02 budget will experience an approximately$1.7 million savings. (7) REPORT OF GENERAL COUNSEL General Counsel Tom Woodruff reported on recent events pertaining to the Crow Winthrop (CW) lawsuits. As a result of the request for dismissal by CW, there is no need for a closed session later in this meeting as indicated on the agenda. (8) DISCUSSION ITEMS (Items A-C) A. Sewer Service and Connection Agreement between OCSD, IRW D, CA State Parks and Laguna Beach Unified School District, for providing sewer service to the area surround El Morro School, including Crystal Cove State Park headquarters and El Morro Mobile Home Park owned by CA State Parks. Staff reported on the proposed sewer service and connection agreement between OCSD, IRWD, CA State Parks and Laguna Beach Unified School District, for providing sewer service to the area surrounding El Morro School, including Crystal Cove State Park Headquarters and El Morro Mobile Home Park owned by CA State Parks. There are policies in place that allow these types of agreements. Staff will be providing the committee with more detailed cost information and who will pay for the various alternatives before deciding whether to provide sewer service at a future meeting. B. The agenda items scheduled to be presented to the Working Committees in December were reviewed. The items for FAHR will be moved to January. Book Page 11 Minutes of the Steering Committee Page 4 November 28, 2001 C. The agenda items scheduled to be presented to the Board at tonight's meeting 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 January 23, 2002 at 5 p.m. The next Board Meeting is scheduled for December 19, 2001 at 7 p.m. (13) CLOSED SESSION The closed session indicated on the agenda was not held. (14) ADJOURNMENT The Chair pro tem declared the meeting adjourned at 6:46 p.m. S bmitted by: Cl G J n Tappan e 'ng Committee Secretary c:M9.INeWarMe441esmo Lammi 1W 112WV Sc MNWes,bc Book Page 12 STEERING COMMITTEE Meeting Date To Id.of Dir. 01/23/02 AGENDA REPORT ' " be, 't"""°"�n �' Y.Orange County Sanitation District FROM: General Counsel Originator: Jean Tappan SUBJECT: Adoption by the Steering Committee of Rules of Procedure for the Conduct of Business GENERAL MANAGER'S RECOMMENDATION Approve and adopt the Rules of Procedure for the Conduct of Business, as set forth in District Resolution No. OCSD-01-23, as the Rules of Procedure of the Steering Committee. SUMMARY On November 28, 2001 the Board adopted new Rules of Procedure which, by this action, the Steering Committee is adopting as its own Rules of Procedure for the conduct of Committee business. A copy of Resolution No. OCSD-01-23, which details the rules, is attached PROJECT/CONTRACT COST SUMMARY 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 ALTERNATIVES Book Page 13 CEQA FINDINGS ATTACHMENTS Resolution No. OCSD-01-23. Jt GAn eiaagenaa&emna CP IfeeZ$ BnV2W2 Rul salh Wure ar.ac[ Ro,.e.,WOO Page 2 Book Page 14 RESOLUTION NO. OCSD 01-23 ESTABLISHING RULES OF PROCEDURE FOR THE CONDUCT OF BUSINESS OF THE DISTRICT A RESOLUTION OF THE BOARD OF DIRECTORS OF ORANGE COUNTY SANITATION DISTRICT FIXING AND ESTABLISHING RULES OF PROCEDURE FOR THE CONDUCT OF BUSINESS OF THE DISTRICT AND REPEALING RESOLUTION NO. OCSD 98-2 WHEREAS it is necessary to establish rules of procedure to facilitate the orderly handling of business to come before the Orange County Sanitation District Board of Directors and Standing, Steering, Special and Ad Hoc Committees. NOW THEREFORE, the Board of Directors of the Orange County Sanitation District ("District"), DOES HEREBY RESOLVE, DETERMINE AND ORDER: Section 1: Rules of Procedure. That the following rules of procedure be adopted for the conduct of business of the District: A. Regular Meetings. There shall be a regular monthly meeting of the Board of Directors of the District on the fourth Wednesday of every month at 7:00 p.m., in the Administrative Offices of the District, located at 10844 Ellis Avenue, Fountain Valley, California: provided, however, if the fourth Wednesday of the month falls upon a legal holiday, said monthly meeting shall be held on the next day thereafter, at the same time and place, unless the Board adjourns to a different date and time certain. The Board of Directors may adjourn any regular, special or adjourned special meeting to a time and place certain, as specified in the order of adjournment. B. Special Meetings. A special meeting of the Board of Directors may be called in either one of the following ways: (1) By the Chairperson of the Board of Directors; or (2) By the written request of a majority of the Steering Committee delivered to the Board Secretary. WS&S-TLW:pj:D-2'.11/27/01:#133852 1 Book Page 15 The call or notice for special meeting shall be in writing and delivered personally or by mail at least twenty-four(24) hours before the time of such meeting, as specified in the notice. Any notice deposited in the regular mail addressed to a Director at the address he or she has on file with the Board Secretary postage prepaid, sixty (60) hours in advance of any such meeting as specified in the notice, shall be presumed to have been delivered. The call or notice shall specify the time and place of the special meeting, a description of the business to be transacted, and copies of all pertinent written materials. Such written notice may be dispensed with as to any Director or Alternate Director who, at or prior to the time the meeting convenes, files with the Board Secretary a written waiver of notice. Such waiver may be given by telegram. Such written notice may also be dispensed with as to any member who is actually present at the meeting at the time it convenes. The Board Secretary shall diligently attempt to notify each Director personally of the time, place and purpose of said meeting, not less than twenty-four(24) hours before the time of said meeting. The call or notice shall be posted in the administrative offices' public lobby at least twenty-four(24) hours prior to the special meeting. C. Meetings Adioumed by Board Secretary. If at any regular, adjourned regular, special, or adjourned special meeting, there is not a quorum of Directors present, the Board Secretary may declare the meeting adjourned to a stated time and place and shall cause written notice of the adjournment to be given in the same manner as for a special meeting, unless such notice is waived as provided for in special meetings. Within twenty-four (24) hours after the time of the adjournment, a copy of the order or notice of adjournment shall be conspicuously posted on or near the door of the place where the meeting was held. D. Notices to News Media. When any local newspaper of general circulation, radio or television station requests, in writing, notices of meetings of the Board of Directors, the Board Secretary shall thereafter, until receipt of a notice terminating said request, deliver notices of regular, regular adjourned, and special adjourned meetings to such newspapers, radio or television stations. Delivery shall be made in the same manner as delivery is made to the Directors. E. Conduct of Meetings. (1) Procedural Rules. The procedural rules for debate and action shall be as set forth in Table 1, attached hereto and adopted herein by reference. Robert's Rules of Order shall not be applicable or govern the procedures for the conduct of District business. WS&S-TLw:pj:D-2:11/27ro1:#143852 2 Book Page 16 (2) Legal Officer. In any case of ambiguity or uncertainty in the interpretation or application of these Rules to any procedure, the presiding officer may direct such question for a ruling to the Board's General Counsel, who shall be the parliamentarian of the Board. (3) Obtaining the Floor and Making Motions. Any member of the Board wishing to speak, or any member of the public wishing to address the Board, must first be recognized by the Chairperson. The Chairperson must recognize any member of the Board who seeks the floor when appropriately entitled to address the Board. Any member of the Board, including the Chairperson, may bring a matter of business properly before the Board by making a motion. Any member, including the Chairperson, except the member making the motion, may second the motion. Once a motion is seconded, it may be opened for discussion and debate, in accordance with the procedures in Subsection (4) below. (4) Rules for Discussion. Debate. and Deliberation by the Board. The procedures for consideration and action on all matters to come before the Board shall be in compliance with the terms of this Section, as follows: (a) Each item on the Agenda will be introduced in a form of a report by either Staff or Counsel. (b) Upon completion of the report, the Chairperson will allow for direct questions regarding the item, by Directors, each in turn, and in the order as selected by the Chairperson. (c) Upon completion of the question period, the Chairperson will entertain a motion and second for consideration by the Board. (d) Discussion among the Directors will follow. Each Director will be recognized to address the Board in the order selected by the Chairperson, with a five (5) minute time limit for each Member wishing to speak on the Agenda item. There will be no interruptions of the Director who has been recognized. Attempted interruptions will be declared out-of-order, and the Board Member attempting to interrupt will be asked to remain silent until recognized. (a) As an additional courtesy to everyone, repetition of comments will be discouraged in the interest of time, and at the discretion of the Chairperson, can be declared out-of-order. (f) After each Member who wishes to speak has been recognized and completed his/her remarks, a single three (3) minute period of rebuttal will be allowed any Director, unless the time limit is waived by the Chairperson. WS85-TLw:pl:o-2:1 I f27ro1:#143e52 3 Book Page 17 (g) If it appears to the Chairperson that any Director is pursuing a line of questioning or commentary due to lack of preparation or prior review with the District's Staff, the Director's time will be declared to have been used up, and no further inquiry will be allowed. (h) Upon adoption of a motion on an Agenda item, there will be no further discussion of that item. (5) Decorum in Debate. All Members shall address their remarks to the Chairperson and confine them to the business then pending and subject to discussion before the Board, avoiding personalities and reflections upon anyone's motives. (6) Closing or Limiting Debate. At all times the Board shall endeavor to allow free and open debate among Members of the Board. However, in the discretion of the Chairperson, it may become necessary to close or limit debate, so that action can be taken by the Board. An order by the Chairperson closing or limiting the debate can only be set aside by a majority vote of the Board. F. Quorum. A majority of the Directors shall constitute a quorum of the Board. G. Chairperson and Vice Chairperson of the Board. A Chairperson and Vice Chairperson of the Board shall be elected by a majority vote of Directors at the regular meeting in June of each year, and will assume office July 1st. The nominations for Chairperson shall be made at the regular Board meeting in May of each year, and the nominees may prepare a statement setting forth their qualifications for the office of Chairperson. The statements shall be mailed to members of the Board of Directors with the Agenda and other meeting material for the June regular meeting. The nominations and election for Vice Chairperson shall be made at the regular Board meeting in June of each year and shall be made immediately following the election of the Chairperson. The elected Vice Chairperson will assume office July t St. The Chairperson and Vice Chairperson shall serve at the pleasure of a majority of the Directors. In the event the office of Chairperson becomes vacant due to resignation or retirement of the incumbent prior to the expiration of the regular term, the Vice Chairperson shall automatically succeed to the office of the Chairperson and shall continue to serve through the remainder of the regular tens unless sooner removed by action of a majority of the Directors. In the event the office of Vice Chairperson becomes vacant prior to the expiration of the regular term, nominations and the election of a Director to serve in that capacity shall be conducted at the next regular Board meeting. The person so elected shall serve the balance of the regularly-scheduled term unless sooner removed as a result of action by a majority of the Directors. wsas-TLw:q:g-z:iwTroi:n+aaesz q Book Page 18 Subject to the provisions about serving at the pleasure of a majority of the Directors, the Chairperson shall not serve more than two consecutive one-year terms for which he/she has been elected to the office of Chairperson. H. Presiding Officer. The Chairperson of the Board shall preside during meetings of the Directors. In the absence of the Chairperson, the Vice Chairperson shall preside. I. Board Secretary and Minutes. The Board of Directors shall have a person designated to serve as Board Secretary. The Board Secretary will be appointed to the position by the General Manager and shall report to the General Manager or a Department Head as designated by the General Manager. The Board Secretary will be a regular full time employee, subject to all the rules and policies applicable to all regular full time employees. The Board Secretary shall attend all meetings of the Board of Directors, unless excused by the Chairperson, and shall prepare an accurate record of each meeting for submission to the Directors and subsequent approval at the following meeting; provided, however, that when an adjoumed, special or special adjourned meeting of the Board of Directors immediately precedes a regular meeting, Minutes of said meeting shall be submitted for approval at the next meeting of the Board following said regular meeting. In the preparation of Official Minutes of a meeting of the Board of Directors, the Board Secretary will not record the name of the Director who moves or who seconds the adoption of a motion or Resolution, except the vote of any individual Director shall be recorded upon that Directors request. The Minutes will reflect the votes by name of Director when required by provisions of state law. In the absence of the Board Secretary, a Secretary Pro Tem shall be appointed to exercise the duties of the Board Secretary. J. Regular Business to Come Before the Board of Directors. Insofar as practicable, all items of business to be taken up at a regular meeting of the Board shall be submitted to the Board Secretary, who shall include on the Agenda all such items submitted by Directors, the General Manager and General Counsel, and all formal communications. The Board Secretary shall mail to each Director a notice of such regular meetings, together with a proposed Agenda, not later than the Friday immediately preceding such regular meetings. Said Agenda, insofar as possible, shall include copies of Resolutions, except as hereafter provided, and a description of all matters to be considered,together with any pertinent written materials. Agendas shall be posted in a location freely accessible to the public not less than seventy-two (72) hours in advance of the meeting. Ws6s-TLW:p1:D-2:11/27/01:0143882 5 Book Page 19 Resolutions designated as "standard" and adopted by the Board of Directors from time to time, and approved as to forth and content, need not be included with said Agenda; provided, however, that the information completing said standard Resolutions shall be set forth on the Agenda listing, and copies of said standard Resolutions shall be on file with the Board Secretary at the meeting time and place. Items of business not known at the time the regular Agenda is mailed as herein provided, may be considered as supplemental Agenda items; provided that all requirements of the Ralph M. Brown Act (Calffomia Government Code Sections 54950 et sec.) are satisfied. No business, except with consent of two-thirds of the Directors present (a majority of Directors present for emergency actions), and only if permitted by the Ralph M. Brown Act, not appearing on the regular or supplemental Agendas may be brought before the Board of Directors. The meeting Agenda shall provide for an opportunity for members of the public to address the Board on items on the Agenda and non-Agenda items of public interest. As determined by the Chairperson, speakers may be deferred until the specific Agenda item is taken for discussion, and remarks may be limited to three (3) minutes. Speakers on non-Agenda items may address only items that are within the subject matter jurisdiction of the Board of Directors. Time allotted for such presentations is limited to three (3) minutes or less, in the discretion of the Chairperson. Total time allotted for all public input on each non-Agenda item is limited to thirty (30) minutes to one (1) hour, in the discretion of the Chairperson, taking into consideration the number of persons filing a request to address the Board. K. Handling of Business and Voting. During the course of a Board meeting, routine matters listed on the Agenda for consideration will be referred to by Agenda Item Number only. Voting on all Resolutions shall be by roll call, except if waived by unanimous voice vote, in which event, the Chairperson may order a unanimous ballot cast in favor of the motion or Resolution under discussion. The name of each Director shall be called only once. On matters of considerable interest or on which there appears to be a controversy, the motion or Resolution shall be read by title or repeated by the Chairperson. The Chairperson shall thereafter call for discussion of the motion or Resolution, at which time any member may discuss the pending matter. Any person other than a Director present at the meeting may speak on the motion if recognized by the Chairperson. Sole discretion as to the extent of discussion outside of the membership of the Board shall rest with the Chairperson. At the close of discussion, wsas-TLw:pco-zav2noi:aiases2 6 Book Page 20 the Chairperson may, at the Chairperson's discretion, repeat the motion or Resolution pending, and thereafter, call for a vote. The Board Secretary shall determine and state whether or not a motion or Resolution is adopted by roll call vote. On all other matters, the Chairperson shall determine the outcome of the voting. L. Committees. (1) Standing Committees. (a) Steering Committee: There shall be a permanent Committee designated as the Steering Committee, comprised of the Chairperson of the Board, the Vice Chairperson of the Board, the immediate past Chairperson of the Board, the Chairperson of each of the Standing Committees and the Director from the County Board of Supervisors to assist in coordinating the flow of activities to the Committees and Board. The Committee shall also conduct an annual performance evaluation of the General Manager and submit recommendations on his/her compensation to the Board of Directors. The Committee shall also review the General Manager's evaluation and compensation of the executive management employees, based on established criteria, and executive management's goals and objectives for the following year. The Committee shall also be authorized to assign new subjects of significant importance to the District, to the respective Standing Committee for study, evaluation and recommendation. The Steering Committee shall meet on the fourth Wednesday of each month at 5:00 p.m. preceding the Board's meeting, or at the call of the Chairperson of the Board of Directors. (b) Finance. Administrative and Human Resources Committee. There shall be a permanent Finance, Administrative and Human Resources Committee to advise the Staff and make recommendations on matters related to the financial, budgeting, administrative and personnel policies and programs of the District. The Committee shall review with the Staff the procedures for development, preparation and format of the annual budget and recommend appropriate change, and counsel the Staff during the budget process to assure the proper interpretation and implementation of the Board's policies and that the desired procedures have been followed. W585-TLW:pj:D-2:11/27/01:#143852 7 Book Page 21 The responsibility for consideration and adoption of the District budget rests with the Board of Directors. The Committee is responsible to periodically interview and recommend the selection of outside auditors. The Committee shall review the result of the annual audit of the District's accounts with representatives of the outside audit firm, including any comments received recommending improvements. The Committee shall review management's response to these comments and make appropriate recommendations for implementation. Periodically, the Committee shall recommend employment of an outside firm to audit internal control procedures to safeguard the assets of the District. The Committee shall interview and make recommendations on the employment of investment-banking firms, bond counsel, and if necessary or desired, financial advisors to be used in connection with the District's financing programs. The Committee shall periodically coordinate recommendations on personnel audits of the District's operations or segments of the operations on an as-needed basis. The Committee shall make recommendations on personnel policies and procedures, labor negotiations, insurers and coverage, procurement procedures, and such other related activities as may be needed or appropriate. The Chairperson and Vice Chairperson of the Finance, Administrative and Human Resources Committee shall be appointed by the Chairperson of the Board of Directors. The Finance, Administrative and Human Resources Committee shall meet on the second Wednesday of each month at 5:00 p.m., or at the call of its Chairperson. (c) Operations. Maintenance and Technical Services Committee. There shall be a permanent Committee designated the Operations, Maintenance and Technical Services Committee. With the goal of compliance with all public health and environmental laws and regulations, the Operations, Maintenance and Technical Services Committee shall review and submit appropriate recommendations on the matters pertaining to the operation of the District Treatment Works, including such matters as current and projected service/flow needs, level and quality of treatment, conservation, recycling and reuse activities, and air quality issues. W58S-TLW:pj:62:11/27/01:#143852 9 Book Page 22 The Committee shall also review issues pertaining to the District's NPDES Ocean Ouffall Discharge Permit, including annual review of the contractor(s) performing the ocean monitoring and research programs required as a condition of said permit, and related issues regarding protection of the marine waters off metropolitan Orange County's coastline from impacts resulting from the District's operations and discharge of treated wastewater. The Committee shall also review matters pertaining to contractual arrangements by the District to provide sewerage services to areas outside the District's boundaries or approved spheres of influence. The Committee shall review plans for the future needs of the District, explore alternatives and make recommendations on solutions to the Planning, Design and Construction Committee. In carrying out its responsibilities, the Committee shall regularly study, visit and observe the various operational functions of the District Treatment Works. The Chairperson and Vice Chairperson of the Operations, Maintenance and Technical Services Committee shall be appointed by the Chairperson of the Board of Directors. Because of the special interest of the coastal communities in ocean issues, one representative of each member agency within the District's boundaries with coastal shoreline shall be a member of the Committee. The Operations, Maintenance and Technical Services Committee shall meet on the first Wednesday of each month at 5:00 p.m., or at the call of its Chairperson. (d) Planning. Design and Construction Committee. There shall be a permanent Committee designated the Planning, Design and Construction Committee. The Planning, Design and Construction Committee shall review and submit appropriate recommendations on matters pertaining to capital projects which address operational needs identified by the Operations, Maintenance and Technical Services Committee, including the selection of professional consulting services to assist in studying, planning and designing needed District Treatment Works and support facilities, including computerized systems, in accordance with the Board's established policies and procedures for procuring such services; the Committee shall further review construction projects for said facilities in accordance with applicable public works laws and Board policies. Said oversight shall include the contracts for professional services and public works construction projects and addenda or change orders thereto. In carrying out its responsibilities, the Committee shall receive advance notice and regular status reports on the projects from Staff, and monitor, visit and observe the District Treatment Works' operational functions and major capital construction projects. wsaS-TLw:oi:0.2:112rro1:#143a52 g Book Page 23 The Chairperson and Vice Chairperson of the Planning, Design and Construction Committee shall be appointed by the Chairperson of the Board of Directors. The Planning, Design and Construction Committee shall meet on the first Thursday of each month at 5:00 p.m., or at the call of its Chairperson. (2) Special and Ad Hoc Committees. In addition to the Standing Committees, the Chairperson of the Board of Directors, or the Chairperson of a Standing Committee, or a majority of the Directors, may appoint, from time to time, Special or Ad Hoc Committees to study and report on specific matters. Such Committees shall be temporary in nature, and their assignments shall pertain to a current, speck issue. Upon completion of the assigned task, the Ad Hoc or Special Committee will be dissolved. The Chairperson and Vice Chairperson of Special and Ad Hoc Committees shall be appointed by the Chairperson of the appointing authority. Special or Ad Hoc Committees shall meet at the call of its Chairperson. M. Motion to Refer to a Standinc Committee. Any Director at a Board meeting may move to have a policy or any other activity affecting the District, or any one of the member Agencies, referred to a Standing Committee for study and report. This motion shall be a privileged motion, and when duly seconded, discussion thereof shall be limited to Directors only. Said motion shall receive an affirmative vote of a majority of the Directors for adoption. Section 2: Procedure for Consideration of Demands for Corrective Action. A. Reauirement of Written Demand. Prior to any person commencing a judicial action for injunction or mandamus to declare any action taken by the Board void because of failure to observe Brown Act requirements, such person must first serve upon the Board Secretary a written demand describing the alleged violation and demanding corrective action. Such demand must be served upon the Board Secretary within thirty (30) days of the complained of action. Failure to serve any such demand within this thirty (30) day period shall result in the loss of any right to challenge any action to have been taken in violation of Sections 54953, 54954.2, or 54956 of the California Government Code. B. Consideration of Corrective Action. Upon receipt of such a demand, consideration of the demand shall immediately be placed on the Agenda for the next meeting of the Board of Directors. If the demand is received less than seventy- two (72) hours prior to the time set for the next meeting, the Board may determine that the notice constitutes the initiation of litigation, and that the need to take action on the W585-TLWtpiD-21127/01:#143852 10 Book Page 24 threatened litigation arose subsequent to the posting of the Agenda, and may consider it at that meeting pursuant to Section 1(J) above. A description of any item so placed on the Agenda shall include both consideration of the demand, and the possibility of corrective action by the Board. In considering such demands, the Board shall first determine, by motion, whether corrective action should be taken. If no motion to take corrective action is carried, the Board Secretary shall inform the demanding party in writing of the Board's decision not to cure or correct the challenged action. C. Implementing Corrective Action. If a motion to take corrective action passes, the Chairperson may entertain a motion implementing corrective action. Any motion implementing corrective action shall address the concerns raised in the consideration of corrective action. The motion implementing corrective action may include a motion to rescind prior action taken, as appropriate. Passage of a motion to rescind invalidates prior action only as of the time of the passage of the motion, and not from the date of the initial action. A motion implementing corrective action resulting from a written demand is out-of-order if the action complained of (a) was in connection with the sale or issuance of notes, bonds, or other evidences of indebtedness, or any contract, agreement, or incident thereto; or(b) gave rise to a contractual obligation upon which a party has, in good faith, detrimentally relied. In any event, the Board shall notify the party making the demand in writing of its decision to take corrective action, and shall describe any corrective action taken. This notice shall be given to the demanding party as soon as possible after the meeting, but in no event more than thirty (30) days after receipt of the demand. Section 3: Resolution No. OCSD 98-2 is hereby repealed. Section 4: This Resolution shall become effective upon adoption. PASSED AND ADOPTED at a regular meeting held November 28, 2001. Chair ATTEST: Board Secretary WSBS-TLW:p7:62:11127101:#143852 11 TABLE 1 BOARD PROCEDURES AND ORGANIZATION SUMMARY OF MOTIONS o/ See ond A. PRIVILEGED MOTIONS Motion R aired Debatable Amendable Vote Re erred Pu e Adjourn Yes No No Majority To end the naxting 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 Now To obtain action Question of immediately man Privil a enc B. MAIN MOTION AND RELATED SUBSIDIARY MOTIONS Kind o/ Second VoteReluked Modon Remaired Debatable Amendable p se 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 notion 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 Motion Yes No No Majority To bring before the from the Table group a motion previously tabled wSdS-TLW:aI:t>2:11/27101:a1e3852 12 Book Page 26 Limit or Yes No Yes Majority To limit or extend Extend Limits limits of debate of Debate Refer toa Yes Yes Ycs Majority To place business Committee in hands of a Committee Withdraw No No No None To withdrew Motion motion before it is voted on Reconsider Yes Yes No Majority. To secure a new Most 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 Kfrrd of Second Vine Required Mod" Required Debatable Amendabk Purpose Request to Yes No No Two-Thirds To facilitate Suspend the - business Rules ordinarily contrary to the riles of the organization 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 WSaS-TLW:PI:D-2:1127101:#143852 13 Book Page 27 STEERING COMMITTEE Meeting Date To ad.of Dir. i/23io2 AGENDA REPORT I ity Nuygber item Number Orange County Sanitation District FS FROM: Blake P. Anderson, General Manager Originator: Jean Tappan, Committee Secretary SUBJECT: February 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 February. 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 February: OMTS Committee: 1. Consider Naval Architect Recommendation 2. Consider Local Limits Ordinance 3. Update on Ocean Discharge Issues 4. Consider Consulting Services Agreement for O&M Manual and Standard Operating Procedures Assessment 5. Consider Professional Services Agreement for Plant 2 Circular Clarifier Drive Replacement PDC Committee: 1. Approve Closeout Agreement and Notice of Completion for SP200041, Fuzzy Filter Pipe Modifications 2. Ratify Change Order 1, Approve Closeout Agreement and Notice of Completion for SP19990022, Tenant Improvements to Fleet Services 3. Ratify Change Order 1 and approve a Budget Amendment for SP200029, Junction Structure Upgrade at Bitter Point Pump Station 4. Approve Addendum 1 to Professional Services Agreement for Job J-40-8, Strategic Plan Update 5. Approve Addendum 10 to Professional Services Agreement for Job J-42, Plant Reinvention/Automation Project 6. Approve Addendum 6 to Professional Services Agreement for Job P1-37, Primary Clarifiers 16-31 and Related Facilities 7. Approve Plans and Specifications and Award Construction Contract for Job J-39, Investigation and Repair of Ocean Ouffall Book Page 29 8. Approve Plans and Specifications for Job 132-84, Landscape and Irrigation at Plant 2 9. Approve Budget Amendment and Addendum 4 to Professional Services Agreement for Job 1-2-4, Bushard Trunk Sewer Rehabilitation FAHR Committee: 1. Consider 2001-02 Mid-year Financial Report 2. Consider Quarterly Investment Management Report 3. Approve Preliminary Sewer Service User Fees for 2002-03 and Public Notice 4. Consider HR Policies Update PROJECT/CONTRACT COST SUMMARY N/A BUDGETIMPACT ❑ This item has been budgeted. (Line item: I ❑ 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 c:wyavaaemzwema cemmn«nzm�e+zmz usausiv vwrmc Page 2 Book Page 30 STEERING COMMITTEE nemgoa� roso.arar. AGENDA REPORT ta3ioz RPjn N m Im N mbar Orange County San tat on Distract Sf FROM: Blake P. Anderson, General Manager Originator: Jean Tappan, Committee Secretary SUBJECT: January Agenda Items for Consideration by the Board GENERAL MANAGER'S RECOMMENDATION Review with staff the agenda items tentatively scheduled for consideration by the Board at its January 23, 2002 meeting. 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 Board in January: 5. Nomination and Election of Vice Chair 10. a. Approve a second time extension of six months for Cooperative Projects Program Contract No. CP-0020 with the City of Seal Beach b. Hovnanian Annexation c. Reimbursement Agreement with OCFCD re Newland Street Interceptor Sewer 13. Actions from the FAHR Committee d. Adopt Resolution OCSD 02-02, re Policies and Procedures for District's Records Management Program, Records Retention, and Destruction of Obsolete Records, and Repealing Resolution No. OCSD 00-26. 14. Ratify General Manager's emergency purchasing authority re Emergency Repair of Low Pressure Digester Gas Holder Tank at Plant 2 in an amount not to exceed $330,000. 15. Authorize General Manager to prepare draft legislation to expand the agency's charter to include permissive language authorizing the diversion and management of dry weather urban runoff flows and to pursue legislation through the California Legislature. 16. Actions from GW RS Cooperative Committee c. (1) CEQA findings re minor changes or additions to the EIR/EIS for the GWRS project (2) Approve Addendum No. 2 to the EIR/EIS prepared by Environmental Science Associates Book Page 31 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 CECA FINDINGS Not a project. ATTACHMENTS NA jt G 11 euapenaal5iemnq Cwr 11.tt Q2nl51 cl a',,I_� eo Renfee: 82090 Page 2 Book Page 32 Orange County Sanitation District (714) 962-2411 www.ocsd.com mailing address: P.O. Box 8127 Fountain Valley, California 92728-8127 street address: 10844 His Avenue Fountain Valley, California 92708-7018 Published on recycled paper