HomeMy WebLinkAbout2004-04 n ,
DRAFT
REVISED
MINUTES OF STEERING COMMITTEE MEETING
Wednesday, April 28, 2004
A meeting of the Steering Committee of the Orange County Sanitation District was
held on Wednesday, April 28, 2004 at 4 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
Shirley McCracken, Chair Don Hughes
Steve Anderson, Vice Chair Darrel Cohoon
Brian Donahue, Chairman, PDC Committee
Brian Brady, Chairman, FAHR Committee STAFF PRESENT:
Jim Silva, County Supervisor Blake Anderson, General Manager
Bob Ghirelli, Director of Technical Services
Directors Absent: Bob Ooten, Director of Operations and
Norm Eckenrode, Past Board Chair Maintenance
Jim Ferryman, Chairman, OUTS Committee Gary Streed, Director of Finance/Treasurer
Jim Herberg, Engineering Manager
Jean Tappan, Committee Secretary
(2) APPOINTMENT OF CHAIR PRO TEM FILED
IN THE OFFICE OF THE SECRETARY
No appointment was necessary. ORANGE rN 1 -•• 1•*1nN DISTRICT
MAY 2 6 2004
(3) PUBLIC COMMENTS By
,
There were no comments by any member of the public.
(4) SPECIAL CLOSED SESSION
The Committee convened at 4:10 p.m. in Closed Session, pursuant to Section 54957, to
discuss General Counsel Services. Minutes of the Closed Session are on file with the Board
Secretary.
At 5:05 p.m., the Committee reconvened in regular session. The Chair reported that a full discussion
occurred among the Committee Members, General Counsel, General Manager, and Consultant
Cohoon on the issues of quality of service and overall total costs to the District for legal services,
including litigation. The Board expressed a high degree of satisfaction with the excellent quality of
Minutes of the Steering Committee
Page 2
April 28, 2004
service provided to the Board and Staff by the General Counsel and other attorneys and support
staff of his Firm. The Committee also expressed satisfaction with the amounts expended for legal
services per year, but requested the General Counsel to provide an annual written report of
activities, expenses, and analysis. The Committee requested a report from the General Manager
after six months of the District's new employee(Contracts Administrator assuming responsibility for
all contracts administration, including construction to assess N any cost savings are realized.
(5) RECEIVE. FILE AND APPROVE MINUTES OF PREVIOUS MEETING
The minutes of the March 24, 2004 Steering Committee meeting were approved as drafted.
(6) REPORT OF THE COMM17TEE CHAIR
Committee Chair Shirley McCracken reminded the Steering Committee members that nominations
for Board Chair would be opened at the May 26, 2004 meeting with elections scheduled for the
June 23,2004 meeting.
The Meeting Reimbursements/Compensation Subcommittee, General Counsel and staff reported on
the major changes to the proposed ordinance and resolutions pertaining to directors' compensation
and policies. The proposed change in the number of compensable meetings detailed in Ordinance
OCSD-14 was discussed and no agreement among the Directors was reached. Chair McCracken
further reported that a pending legislative Bill (Senate Bill 1272—Ortiz) was directly addressing this
subject and General Counsel recommended taking no action until the future of that Bill and any
changes to State law are known.
MOVED, SECONDED AND APPROVED TO: Convey Report from the Steering Committee to the
Board at its May 26, 2004 regular meeting, recommending adoption of a Resolution re Rules of
Procedure and a Resolution re Expense Reimbursement Policies. The proposed repeal of
Ordinance OCSD-14 and adoption of a new Ordinance re maximum number of meetings will not be
acted upon by the Steering Committee, awaiting action on the Ortiz bill.
(7) REPORT OF THE GENERAL MANAGER
A. June 23, 2004 Steering Committee start time—change to 4 p.m. to accommodate
50th Anniversary Reception
General Manager Blake Anderson asked to change the June 23, 2004 Steering
Committee meeting start time to 4 p.m. to accommodate the 50' Anniversary
reception planned for 6 p.m., prior to the Board meefing. The Directors agreed to the
change.
B. Tax Revenue Take by State
Mr. Anderson provided updated information on the possibility of the State taking a
portion of special districts' ad valorem real property tax revenues. The Governor has
indicated that if the State takes the revenue for two years, a constitutional amendment
would be proposed and actively supported by the Governor, to protect those agencies
from future 'takes.' This could mean a reduction in revenues of between $16—33
million per year to OCSD. With the proposed increase in user fees,there will be a
shortfall of between $2-19 million per year.
Minutes of the Steering Committee
Page 3
April 28, 2004
C. Late Breaking News (rf any) re GWRS Bid Award for Advance Water Purification
Facilities
There was no additional news.
D. In-County Biosolids Management Option, News on South County Proposal
Mr. Anderson reported on an issue that arose today with the County of Orange IW MA.
Staff planned to oppose the proposed composting facility at Prima Descheca in
closed session with a subcommittee of the IW MA Board without ever consulting with
the agencies involved. The meeting did not comply with Brown Act requirements and
our representative and others were told not to attend. After discussions with
Supervisor Silva's office, the item was removed from the agenda and the report will
be modified to include support for the project by the cities of San Juan Capistrano and
San Clemente. It will then be presented to IWMA management for review before
moving forward.
E. Article re Under/Over Charging User Fees
Mr. Anderson commented on the e-mail and newspaper articles on the protest of the
District's Sanitary Sewer Service Charges Program. He indicated that there are
problems with the non-residential codes developed and assigned by the County of
Orange to some properties, but that a staff driven process has been developed to
improve the data base and manage the program on an annual basis. A consultant
could be hired to do this, but Mr. Anderson stated that he is convinced the District can
do it cheaper and better. The FAHR Committee is considering the program and
should be making a decision on moving forward within the next two months.
(8) REPORT OF GENERAL COUNSEL
General Counsel Tom Woodruff did not make a report
(9) DISCUSSION ITEMS (Items A-B)
A. The Agenda Items scheduled to be reviewed by the Board's working committees
in May were reviewed.
B. The agenda items scheduled to be presented to the Board at tonight's meeting
were reviewed.
(10) OTHER BUSINESS, COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY
There was no other business discussed.
(11) MATTERS WHICH A DIRECTOR WOULD LIKE STAFF TO REPORT ON AT A
SUBSEQUENT MEETING
There were none.
Minutes of the Steering Committee
Page 4
April 28, 2004
(12) MATTERS WHICH A DIRECTOR MAY WISH TO PLACE ON A FUTURE AGENDA FOR
ACTION AND/OR STAFF REPORT
There were none.
(13) CONSIDERATION OF UPCOMING MEETINGS
The next Steering Committee meeting is scheduled for Wednesday, May 26, 2004 at 5 p.m.
The next Board Meeting is scheduled for Wednesday, May 26, 2004 at 7 p.m.
(14) CLOSED SESSION
The Committee convened at 6:20 p.m. in Closed Session, pursuant to Sections 54956.9(c),
54957.6 and 54957.8, to discuss anticipated litigation, employee compensation and benefit
matters and a real property issue. 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 6:55 p.m., the Committee reconvened in regular session.
(14) ADJOURNMENT
The Chair declared the meeting adjourned at 6:55 p.m.
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Ste ing Committee Secretary
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STEERING COMMITTEE AND BOARD MEETING DATES
FOR THE NEXT TWELVE MONTHS
Wednesday, April 28, 2004
Wednesday, May 26, 2004
Wednesday, June 23, 2004
Wednesday, July 28, 2004
Wednesday, August 25, 2004
Wednesday, September 22, 2004
Wednesday,October 27, 2004
Wednesday, November 17,2004
Wednesday, December 15,2004
Wednesday,January 26, 2005
Wednesday, February 23, 2005
Wednesday, March 23, 2005
Wednesday, April 27,2005
"Tentatively rescheduled from regular fourth Wednesday.
STEERING COMMITTEE
(1) Roll Call:
Meeting Date: April 28, 2004 Meeting Time: 4 p.m.
Meeting Adjourned:
Committee Members
Shirley McCracken, Board Chair
Steve Anderson, Board Vice Chair
Brian Donahue, Chair, PDC Committee
Jim Ferryman, Chair, OMTS Committee
Brian Brady, Chair, FAHR Committee
Jim Silva, Supervisor
Norm Eckenrode, Past Board Chair
Others
Thomas L.Woodruff, General Counsel
Don Hughes
Stall 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/Treasurer.......................
Lisa Tomko, Director of Human Resources........................
Carol Beekman, Communication Services Manager.........._
JeanTappan. Secretary.....................................................
c: Lenora Crane
NOTE EARLY START
AGENDA
REGULAR MEETING OF THE STEERING COMMITTEE
ORANGE COUNTY SANITATION DISTRICT
WEDNESDAY, APRIL 28, 2004 AT 4 P.M.
ADMINISTRATIVE OFFICE
10844 Ellis Avenue
Fountain Valley, California
Agenda Posting: 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 offices not less than 72 hours
prior to the meeting date and time above. All written materials relating to each agenda item are available for
public inspection in the office of the Board Secretary.
Items Not Posted: In the event any matter not listed on this agenda Is proposed to be submitted to the
Committee for discussion and/or action, it will be done in compliance with Section 54954.2(b) as an
emergency item or because there is a need to take Immediate action,which need came to the attention of
the Committee subsequent to the posting of agenda,or as set forth on a supplemental agenda posted in the
manner as above, not less than 72 hours prior to the meeting date.
Accommodations for the Disabled: The Board of Directors Meeting Room is wheelchair accessible. If you
require any special disability related accommodations,please contact the Orange County Sanitation District
Board Secretary's office at(714)593-7130 at least 72 hours priorto the scheduled meeting. Requestsmust
specify the nature of the disability and the type of accommodation requested.
Items Continued: Items maybe continued from this meeting without further notice to a Committee meeting
held within five(5) days of this meeting per Government Code Section 54954.2(b)(3).
Meeting Adjournment: This meeting may be adjourned to a later time and Items of business from this
agenda may be considered at the later meeting by Order of Adjournment and Notice in accordance with
Government Code Section 54955 (posted within 24 hours).
(1) ROLLCALL
(2) APPOINTMENT OF CHAIR PRO TEM, IF NECESSARY
.2- April 28, 2004 Agenda
(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
have action taken by the Committee except as authorized by Section 54954.2(b).
(4) SPECIAL CLOSED SESSION: 4-5 P.M. (ESTIMATED)
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 for Evaluation of General Counsel Services pursuant
to Government Code Section 54957.
(Additional Closed Session items will be considered under Agenda Item 14.)
B. Reconvene in regular session.
C. Consideration of action, if any, on matters considered in closed session.
(5) APPROVE MINUTES OF PREVIOUS MEETING
Approve draft minutes of the March 24, 2004 Steering Committee meeting.
(6) REPORT OF COMMITTEE CHAIR
A. Directors' Compensation Expense Reimbursement Subcommittee:
1. Staff report re Compensation and Meeting Attendance Policy
2. Ordinance No. OCSD-XX, Establishing Board of Directors' Compensation
for Meeting Attendance
3. Resolution No. OCSD 04-XX, Establishing a Policy Regarding Board of
Directors' Business and Travel Expense Reimbursement and Meeting
Attendance and Compensation
.3- April 28, 2004 Agenda
4. Resolution No. OCSD 04-XX, Establishing Rules of Procedure for the
Conduct of Business of the District. For consideration by the Board at its
May 26, 2004 regular meeting.
5. Recommendation to Convey Report from the Steering Committee to the
Board at its May 26, 2004 Regular Meeting.
(7) REPORT OF GENERAL MANAGER
A. June 23, 2004 Steering Committee start time--change to 4 p.m. to accommodate
500 Anniversary Reception
B. Tax Revenue Take by State
C. Late Breaking News (if any) re GW RS Bid Award for Advanced Water Purification
Facilities
D. In-County Biosolids Management Option: News on South County Proposal
(8) REPORT OF GENERAL COUNSEL
(9) DISCUSSION ITEMS (Items A-B)
A. Review Agenda Items scheduled to be presented to Committees in May
(Information item only)
B. Review and consideration of Agenda Items for Board of Directors Meeting of
April 28, 2004
(10) OTHER BUSINESS COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY
(11) MATTERS WHICH A DIRECTOR WOULD LIKE STAFF TO REPORT ON AT A
SUBSEQUENT MEETING
(12) MATTERS WHICH A DIRECTOR MAY WISH TO PLACE ON A FUTURE AGENDA
FOR ACTION AND STAFF REPORT
(13) FUTURE MEETING DATES
The next Steering Committee Meeting is scheduled for 5 p.m., Wednesday, May 26, 2004.
The next Board Meeting is scheduled for 7 p.m.,Wednesday, May 26, 2004.
4- April 28, 2004 Agenda
(14) REGULAR 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:
1. Confer with General Counsel re Anticipated Litigation pursuant to
Government Code Section 54956.9(c): One (1) potential case.
2. Discussion with General Manager(Designated Representative) re Pay
Grade Adjustments for Executive Management pursuant to Government
Code Section 54957.6.
3. Confer re General Manager's Compensation pursuant to Government
Code Section 54957.6.
4. Conference with Real Property Negotiator pursuant to Government Code
Section 54956.8.
Property: 5455 Dodds Avenue, Buena Park, California
Agency Negotiator: James D. Herberg
Negotiating Parties: Stage Road Limited Liability Corporation LLC
Under Negotiation: Instruction re price, terms, and conditions for the
purchase, sale, exchange, or lease of subject property.
B. Reconvene in regular session
C. Consideration of action, if any, on matters considered in closed session.
(15) ADJOURNMENT
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-5- April 28, 2004 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: Shirley McCracken (714)765-5247(Anaheim City Hall)
Committee Staff Contact: Blake P.Anderson (714)593-7110
General Counsel: Thomas L.Woodruff (714)564-2605
Secretary: Jean Tappan (714)593-7101
(714)962-0356 (Fax)
E-mail: ltappan®ocsd.com
DRAFT
MINUTES OF STEERING COMMITTEE MEETING
Wednesday, March 24, 2004
A meeting of the Steering Committee of the Orange County Sanitation District was
held on Wednesday, March 24, 2004 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
Shirley McCracken, Chair Don Hughes
Steve Anderson,Vice Chair Darrel Cahoon
Jim Ferryman, Chairman, OMITS Committee Gerhardt Van Drie
Brian Donahue,Chairman, PDC Committee
Jim Silva, County Supervisor STAFF PRESENT:
Norm Eckenrode, Past Board Chair Blake Anderson, General Manager
Peer Swan, Director Brady's alternate Bob Ghirelli, Director of Technical Services
Gary Streed, Director of Finance/rreasurer
Directors Absent: Carol Beekman, Communications Services
Brian Brady, Chairman, FAHR Committee Manager
Layne Baroldi, Legal & Regulatory Affairs Liaison
Jan Collins, Principal HR Analyst
Mike Moore, ECM Manager
Jean Tappan, Committee Secretary
(2) APPOINTMENT OF CHAIR PRO TEM
No appointment was necessary.
(3) PUBLIC COMMENTS
Gerhardt Van Drie addressed the Committee regarding the refusal of the General Manager to allow a
demonstration project at the front entrance before a board meeting.
(4) RECEIVE. FILE AND APPROVE MINUTES OF PREVIOUS MEETING
The minutes of the February 25, 2004 Steering Committee meeting were approved as drafted.
(5) REPORT OF THE COMMITTEE CHAIR
Committee Chair Shirley McCracken announced that reservations for the April 29-May 1 Squaw
Valley CASA conference are due to Jean Tappan March 26. She also reminded the directors of the
two special workshops; March 31 on the CIP and April 21 on the GW RS program.
Minutes of the Steering Committee - -
Page 2
March 25, 2004
(6) REPORT OF THE GENERAL MANAGER
General Manager Blake Anderson provided reports on biosolids including the loss of our Nevada site
in Nye County and the very favorable comments staff has received from the Grand Jury on our
biosolids management program. The Steering Committee agreed with staff recommendation that the
standing committees not meet in August. The General Manager and Director of Finance updated the
steering committee on the early budget numbers for next fiscal year. At this time a 7.5 percent
increase in our operating budget for treatment facilities and various environmental protection
programs is anticipated. There will be a one-day meeting of the Orange County Leadership
Symposium on April 30. Jim Silva hosted a luncheon last week with several agencies to address
ways to cooperate with each other and understand institutional arrangements with other agencies. It
was agreed that these meetings will continue with different sponsors for each meeting.
The General Manager reviewed the bid results for the GW RS advance water treatment system and
discussed the actions the agencies and the design engineers have planned, before reporting to the
GWRS Steering Committee on April 12.
The recent OC Register news articles and opinion piece about urban runoff and secondary treatment
were discussed. Director Ferryman asked the General Manager to respond to the editorial.
Mr. Anderson reported that a meeting has been scheduled for April 5 with SAW PA, counsel and Gary
Hunt to continue negotiations on the SARI protection or relocation agreement.
(7) REPORT OF GENERAL COUNSEL
General Counsel Tom Woodruff updated the directors on Senator OrtiYs bill that is focused on
correcting abuses by some special districts, including limiting compensation, stipends, perks and
ethical conduct. No hearings have been scheduled to date.
Mr. Woodruff also mentioned that because our property taxes are earmarked for debt payment,they
should be safe from any takeover by the stale. An item will be going to the April Board to reaffirm our
position.
(8) DISCUSSION ITEMS(Items A-B)
A. The Agenda Items scheduled to be reviewed by the Board's working committees in April
were reviewed.
B. 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 were none.
(10) MATTERS WHICH A DIRECTOR WOULD LIKE STAFF TO REPORT ON AT A
SUBSEQUENT MEETING
Director Eckenrode asked that the G W RS visitors center be discussed
Minutes of the Steering Committee
Page 3
March 25, 2004
(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 Wednesday, April 28, 2004 at 5 p.m.
The next Board Meeting is scheduled for Wednesday, April 28, 2004 at 7 p.m.
(13) CLOSED SESSION
The Committee convened at 6:08 p.m. in Closed Session, pursuant to Sections 54956.9,
54957.6, and 54957 to discuss two items of pending litigation, and three items of employment
actions , each of which is listed on the published agenda. 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 6:55 p.m.,the Committee reconvened in regular session.
(14) ADJOURNMENT
The Chair declared the meeting adjourned at 6:55 p.m.
mined by:
J Tappan
&86ring Committee Secretary
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AGENDA REPORT tram Number rtem Numbe
Orange County Sanftation District
FROM: Blake Anderson, General Manager
Originator: Gary Streed, Director of Finance and Treasurer
SUBJECT: DIRECTORS COMPENSATION AND MEETING ATTENDANCE POLICY
GENERAL MANAGER'S RECOMMENDATION
Recommend to the Board of Directors to adopt Ordinance No. OCSD 23, adopting
policies and procedures related to attendance, compensation and expense
reimbursement for Directors of the Orange County Sanitation District.
SUMMARY
Members of the Board of Directors are compensated for attendance at Board and
Committee meetings and for other instances of District representation in accordance
with California Health and Safety Code Section 4733, District Resolution No. OCSD
01-23, and Ordinance No. OCSD-14. Certain expenses associated with the attendance
at meetings are also provided to the members. The Board Chair appointed an ad hoc
committee of two Steering Committee members to review these documents and to
recommend appropriate changes to make them more clear and to ensure there was no
doubt about the Board's stewardship of the public's funds and trust.
The Committee and the Chair have completed their work and have asked staff and
General Counsel to put the recommendations into a revised policy. This policy is
attached to this agenda report and will be reviewed at the Committee meeting.
Should the Committee decide that the revised policy is appropriate, then an Ordinance
will be forwarded the Board for consideration in May.
PRIOR COMMITTEE/BOARD ACTIONS
There have been several Ad Hoc Committee reports to the Steering Committee during
the last six months, but no actions have been taken.
Resolution No. OCSD 01-23, establishing rules of procedure for the Board of Directors,
was adopted by the Board in November, 2001.
Ordinance No. OCSD 14, establishing the rate of compensation for Directors'
attendance at meetings, was adopted by the Board in January 2001.
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PROJECT/CONTRACT COST SUMMARY
The proposed changes reduce the maximum number of meetings per month that will be
compensated for a Directors service, but the impact will depend upon the number of
meetings actually attended. No increase in costs will occur. Costs may decrease.
BUDGETIMPACT
IN 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
The existing policies regarding representing the District, attendance at meetings, travel
reimbursement and expense compensation could be clarified. The Ad Hoc Committee
and the Board Chair have proposed some changes that will remove some potential
ambiguity and will make the policies more clear.
The proposal clarifies the types of meetings for which Directors will be compensated. It
describes four categories of meetings: those authorized by adoption of the policy, those
requiring advance authorization by the Board Chair, those not authorized, and those
that would normally be authorized but are not because of special circumstances. The
last category includes meetings that precede or follow another compensable meeting
and those attended by an Alternate Director when the Active Director is present.
The proposal implements a per-diem policy for expenses that meets the IRS guidelines
and regulations. This proposal, if adopted, will be considered an "accountable plan" by
the IRS and will not require receipts to be submitted and will not require
reimbursements to be included on the annual W-2.
The proposal reduces the maximum number of monthly meetings eligible for
compensation. The maximum for the Board Chair is reduced from 10 to 6 meetings per
month. The maximum for other Directors is reduced from 6 to 4 per month. It is
important to note that, with the exception of the Board Chair who has multiple
committee obligations, nearly all Directors attend 3 or fewer meetings per month.
ALTERNATIVES
Refer the proposed policy to the Ad Hoc Committee for revision
CEOA FINDINGS
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ATTACHMENTS
1. April 16, 2004 Memo to Steering Committee from General Counsel re: Rules of
Procedure
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Page 2
2. April 21, 2004 Memo to the Board re Senate Bill 1272 (Ortiz)
3. Ordinance No. OCSD-XX re Establishing Board of Directors' Compensation for Meeting
Attendance and Repealing Ordinance No. OCSD-14
4. Resolution No. OCSD-04-XX re Establishing a Policy Regarding Board of Directors
Business and Travel Expense Reimbursement, and Meeting Attendance and
Compensation
5. Resolution No. OCSD-XX re Establishing Rules of Procedure for the Conduct of
Business of the District
6. SB1272 (Ortiz) Bill Analysis
7. Editorial dated April 20,2004
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Page 3
LAW OFFICES OF
WOODRUFF, SPRADLIN & SMART ATTACHMENT 1
A PROFESSIONAL CORPORATION _
MEMORANDUM
TO: Chair and Members of Steering Committee
Orange County Sanitation District
FROM: General Counsel
DATE: April 16, 2004
RE: Rules of Procedure
Resolution No. 01-23 relates to Rules of Procedures for the Board of Directors.
There has recently been q discussion of a need to make some modifications to this
Resolution that would more accurately reflect current Board practices and intent.
Towards that end, the attached draft Resolution is before your Committee at this time
for review and discussion. The following is a summary of those modifications.
Section 1E(4)(d), Rules for Discussion, Debate, and Deliberation by the Board.
The current Resolution limits a single Director up to 5 minutes to address the Board.
Language has been added to waive this limit at the discretion of the Chair.
Section 1J. Regular Business to Come Before the Board of Directors. The
current Resolution limits members of the public up to 3 minutes when addressing the
Board, and a total of 30 minutes for all public input on each Agenda item, at the
discretion of the Chair. One or more Directors have suggested a need for a clarifying
amendment—namely, specifically requiring the Board to waive the time limit.
Section 1L(1)(a), Steering Committee. There has been a bit of concern on the
subject of membership on the Steering Committee. The existing Resolution
enumerates the members of the Steering Committee, but makes no provision for the
attendance of an alternate in the event a regular Member is unable to attend.
Language has been added to clarify that the Vice Chair of each of the three Standing
Committees be the designated alternate. It is important to recognize that those 3
Committee Chairs are designated to sit on the Steering Committee, not by virtue of their
being a representative of their particular City or District, but rather as a representative of
the full FAHR, OMTS, or PDC Committee. It seems logical that only the Vice Chair of
that Committee be an appropriate alternate to the Steering Committee Member.
Section L(1)(c), OMTS Committee. The current Resolution includes a provision
in that the Board representative from each of the three beach cities would have
membership on the OMTS Committee. However, this provision has not been adhered
to in the past three or four years, and the matter was presented to the Steering
Committee in August, 2002. It was the recommendation of the Committee at that time
i0aooan\Local
April 16, 2004
Page 2
that this requirement be deleted and to allow the Chair to make the appointments, as
appropriate.
Section 1L(1)(e) Standing Committee Assignments. Currently, there is no
provision regarding assignment of the Past Chair to any of the 3 Standing Committees.
A provision has now been added stating that the Chair may appoint the immediate Past
Chair to the FAHR, OMTS, or PDC Committee.
THOMAS L. WOODRUFF
GENERAL COUNSEL
TLW:pI
Attachment
cc: Mr. B.P. Anderson
askapoan\Local
LAW OFFICES OF ATTACHMENT
WOODRUFF, SPRADLIN & SMART
A PROFESSIONAL CORPORATION
MEMORANDUM
TO: Chair and Members of the Board of Directors
Orange County Sanitation District
FROM: General Counsel
DATE: April 21, 2004
RE: Senate Bill 1272 (Ortiz)—Special Districts Governance, Including Compensation
and Expense Reimbursement
You have previously been briefed on the above-referenced measure, which was
introduced in the Senate on February 13, 2004, and has subsequently been amended twice,
most recently on April 12, 2004, and is presently set for hearing on April 21, 2004. In the event
that hearing proceeds as scheduled, I will provide to you an update at the time of your Board
Meeting.
The measure was introduced by Senator Ortiz, in large part responding to two (2)
matters receiving widespread media publicity involving Special Districts and abuses of the
permitted compensation and expense allowances under existing state law. One incident was
relating to two (2) water agencies in the Sacramento Valley, and the other was water agencies
in the San Gabriel Valley here in Southern California. The Bill has received widespread
attention and almost universal opposition from all Special Districts, and the associations
representing them, including CASA and ACWA. I am attaching, herewith, a copy of the Senate
Local Government Committee Consultant's Report of Mr. Peter Detwiler, which I highly
commend for your reading. It not only provides you the analysis of this pending Legislative Bill,
but is an exceptional writing in terms of historical actions by the State Legislators going back
over the past sixty (60) years, and an infusion of the reasonings underlying many of the
historical changes that have occurred during that period.
Frankly, most of the provisions of the Bill, either have no application to the District, or are
no different than the practice presently in effect. Particularly, if your Board adopts the new
ordinance and resolution establishing a revised policy for compensation and business expense
reimbursement, as recommended by the sub-committee of Directors McCracken and S.
Anderson.
Perhaps the most noteworthy provision, that has been found objectionable, is Senator
Ortiz calling for a roll back of the per meetingfday of service stipend from whatever the present
limits are (for OCSD $170 each) to a maximum of $100. 1 would be truly shocked if such a
proposal were, in fact, passed and approved by either, much less both bodies of the Legislature.
Peter Detwilers report is very candid, and he has an excellent understanding of local
government law, having served in his capacity for many years. He notes the serious drawbacks
of Senator Ortiz's proposal.
]StIROOS11tLOC81
April 21, 2004
Page 2
An additional requirement of the Bill calls for the governing Board to receive mandatory
ethics training on an annual or bi-annual basis. Coincidentally, your General Manager, Blake
Anderson, is making a recommendation of that at the forthcoming Steering Committee meeting
to be comprised of a presentation, by my office, on an overview of the Political Reform Act,
prohibition of interest in contracts law, general conflicts of interest and key provisions of the
District's purchasing resolution, and the Rules of Procedure.
Lastly, while the Bill, as written, applies only to those Special Districts "governed by an
elected governing Board", and therefore, would not be applicable to OCSD, the Consultant has
noted that, and if the Bill proceeds forward, that limitation would most certainly be amended so
as to encompass all Independent Special Districts, whether elected or appointed Boards.
THOMAS L.WOODRUFF
GENERAL COUNSEL
TLW:jlo
Enclosure
Addendum: April 21, 2004—3:30 p.m.
We have just been notified that the Committee did hear the Bill this morning, and with
Senator Ortiz offering several amendments, It was passed and sent to the Senate
Appropriations Committee. The key changes are:
1. Large Districts ($2 million population or budget> $100 million)would be
authorized ten (10) meetings a month, but still at a maximum of$100 per meeting, with no
escalation, as at present.
2. Meetings for compensation would only be publicly noticed Board and Committee
meetings, unless attendance was approved in advance at a publicly noticed Board meeting.
Hopefully, we will see the printed version of the amendments (which is the only thing you
can rely onl) by the time of your Board meeting.
asVaooan\Local
ATTACHMENT
ORDINANCE NO. OCSD-
AN ORDINANCE OF THE BOARD OF DIRECTORS OF ORANGE
COUNTY SANITATION DISTRICT ESTABLISHING BOARD OF
DIRECTORS' COMPENSATION FOR MEETING ATTENDANCE
AND REPEALING ORDINANCE NO. OCSD-14
WHEREAS, Members of the Board of Directors are entitled by California
Health & Safety Code Section 4733 to receive a stipend as compensation for
attendance at meetings, or for each day's service rendered, as a Member of the
Board; and,
WHEREAS, OCSD has previously established Board of Directors'
compensation for meeting attendance; and,
WHEREAS, the Board of Directors has previously established the
maximum number of meetings or days' service per month, for which they may be
compensated; and
WHEREAS, the Board of Directors desires to amend the number of
compensable meetings and days of service per month in order to reduce District
expenditures.
NOW, THEREFORE, the Board of Directors of Orange County Sanitation
District does hereby ORDAIN:
Section 1: That each Director shall receive the sum of One Hundred
Seventy ($170) Dollars for attendance at each meeting of the District, or for each
day's service rendered as a Member of the Board, by request of the Board;
provided, that each Director, other than the Chair of the Board, shall receive
compensation for not more than a total of four(4) meetings or four (4) days'
service per month.
Section 2: The Chair of the Board shall receive compensation for not
more than a total of six (6) meetings, or six (6) days' service per month.
Section 3: "Meetings" or"Days of Service Per Month" rendered by
District's Board of Directors shall be defined by the provisions of the adopted
Board of Directors' Policy, set forth in Resolution No. OCSD 04-, as amended.
Section 4: Ordinance No. OCSD-14 is hereby repealed.
Section 5: This Ordinance shall be effective
i
r
PASSED AND ADOPTED at a regular meeting of the Board of Directors
held 2004.
Chair, Board of Directors
ATTEST: Orange County Sanitation District
Secretary of the Board of Directors
Orange County Sanitation District
Thomas L. Woodruff, General Counsel
WS&S-TLW:pj:#1M95;04/20/04-FINAL 2
S
ATTAC_HMENT4
RESOLUTION NO. OCSD 04-
ESTABLISHING A POLICY REGARDING BOARD OF DIRECTORS'
BUSINESS AND TRAVEL EXPENSE REIMBURSEMENT, AND
MEETING ATTENDANCE AND COMPENSATION
A RESOLUTION OF THE BOARD OF DIRECTORS OF ORANGE
COUNTY SANITATION DISTRICT ESTABLISHING A POLICY
REGARDING BOARD OF DIRECTORS' BUSINESS AND TRAVEL
EXPENSE REIMBURSEMENT, AND MEETING ATTENDANCE AND
COMPENSATION
WHEREAS, the District, by Ordinance No. OCSD-23, has established Board of
Directors'compensation for meeting attendance in accordance with the authority of
California Health and Safety Code Section 4733; and,
WHEREAS, Board Members are entitled to a flat fee stipend as compensation for
attendance at District meetings, or for each day of service rendered as a member of the
Board, together with reimbursement for certain expenses associated with the attendance
at District meetings, or other service on behalf of the District; and
WHEREAS, the Board of Directors deems it desirable to establish a policy for the
compensation related to meeting attendance, and the reimbursement of business and
travel expenses incurred by Board Members related thereto.
NOW, THEREFORE, the Board of Directors of Orange County Sanitation District,
DOES HEREBY RESOLVE, DETERMINE AND ORDER:
Section 1: Adoption of Policy and Establishment of Procedures. The Board
of Directors hereby adopts the Policy Regarding Board of Directors' Business and Travel
Expense Reimbursement, and meeting attendance and Compensation, set forth on
Exhibit"A", attached hereto and incorporated herein by reference.
PASSED AND ADOPTED at a regular meeting held , 2004.
Chair
ATTEST:
Board Secretary
WS&S-TLW:pj:k184463:04/20/04-FINAL
EXHIBIT "A"
ORANGE COUNTY SANITATION DISTRICT
POLICY REGARDING DIRECTORS' BUSINESS AND TRAVEL
EXPENSE REIMBURSEMENT AND MEETING ATTENDANCE
AND COMPENSATION
Article I. Business and Travel Expense Reimbursement
It is the District's policy to reimburse Board Members for authorized
business and travel expenses in accordance with the procedures of this Policy.
This Reimbursement Plan has been developed and is considered an
"accountable plan" by the Internal Revenue Service. The Plan includes a
combination of reimbursements based upon receipts and for a "per diem"
component approved by the Internal Revenue Service. The District, through the
Chair of the Board, will authorize attendance at conferences, seminars, meetings
and travel, but such expenses related thereto will only be approved to the extent
they are necessary to further the accomplishment of District goals and objectives.
This Policy applies to all regular and alternate District Board Members
authorized to represent the District in business or travel activities. At all times,
District representatives serve the public and must do so within the ethical and
business performance standards expected of a public agency. Prudent judgment
and full compliance with District policies is required. Failure to use discretion in
the incurring of business expenses may result in the loss of discretionary travel
privileges.
Sufficient funds must be included in the current Fiscal Year's operating or
capital improvement budgets for all business and travel expenses to be paid or
reimbursed under this Policy. Non-compliance with the Policy or falsification of
reports or documentary evidence may result in corrective action, including
criminal prosecution.
Section 1: Terms and Definitions.
A. "Accountable Plan"shall mean the Internal Revenue
Service Publication for Travel, Entertainment, Gift and Car Expenses. Expenses
must have a business connection. Expenses must be adequately documented
and include evidence such as receipts, canceled checks, invoices, or credit card
statements to support the expenses, and must be submitted within sixty (60)
days after they were paid or incurred. Any excess reimbursement must be
returned within sixty (60) days.
WS&S-TLW:pj:4184475:0420/04-FINAL 1
r B. `Approval by the Board"shall mean Board of Directors
approval at a regularly-scheduled Board Meeting with a quorum present and
acting.
C. "Alternate Board Member"shall mean a Member of the
District's Board of Directors designated by the Directors agency to serve in the
absence of the Board Member. When the Board Member is absent, the Alternate
Board Member becomes the Board Member, and everything in this Policy
applies. The Alternate Board Member and the Board Member cannot both be
compensated for the same event without prior approval by the Board Chair.
D. "Board Chair"shall mean the Member of the District's
Board of Directors who has been elected by the other Members to serve as
Chair.
E. "Board Member"shall mean a Member of the District's
Board of Directors, appointed by a member agency pursuant to California Health
and Safety Code Section 4730.65.
F. "Committee Member"shall mean any Member of the Board
of Directors, appointed to a Standing or Ad Hoc Committee, established by an
action of the Board or Board Chair.
G. "Days Service Rendered"shall mean attendance as
described in Article II, Section 13, below.
H. "Director"shall mean a Member of the District's Board of
Directors.
I. "Incidentals"shall mean any minor, miscellaneous expense
incurred during travel, including but not limited to, telephone, facsimile or
computer connection service, local ground transportation, baggage handling and
storage, and snacks.
K. "Travel Expenses"shall mean transportation, lodging,
meals, and incidentals expenses associated with attending a seminar,
conference, or meeting requiring an overnight stay.
L. "Travel Liaison"shall mean the Secretary to the General
Manager, or such other employee as designated in writing by the General
Manager.
Section 2: Responsibilities.
A. Directors shall be familiar with and comply with this Policy;
ensure all travel and other reimburseable expenses are reasonable; coordinate
W585-TLW:pi:41B4475:04/20/04-FINAL 2
multiple Director participation at conferences to avoid unnecessary duplication;
and promote economic means of travel. The Board Chair can approve or deny
requests for travel or business activities and reimbursements for Board and
Committee Members.
B. The General Manager shall be familiar with and comply with
this Policy; ensure all travel and other reimburseable expenses are reasonable;
coordinate multiple Director participation at conferences; and promote economic
means of travel.
C. The Travel Liaison shall be familiar with and comply with this
Policy; promote economic and reasonable means of travel; and inform the
General Manager of all unreconciled expenses regarding travel matters.
D. The District Controller shall be familiar with and comply with
this Policy; ensure all travel and other reimburseable expenses are reasonable;
coordinate multiple Director participation at conferences; and promote economic
means of travel.
Section 3: Travel Liaison. The Travel Liaison shall arrange all travel,
lodging, accommodations, and seminar/conference registrations for the
Directors. The Travel Liaison shall use the District's designated travel agency for
booking all air and ground travel. The General Manager is authorized to grant
exceptions on a case-by-case basis. Any travel or registration not booked
through the Travel Liaison, or not granted an exception, may be subject to
payment by the Director without reimbursement from the District.
Section 4: Designated Travel Agencv. The District will designate a
single travel agency for the Travel Liaison to use to arrange all travel and lodging
accommodations for Directors.
Section 5: Seminars. Conferences. and Meetings.
A. Attendance at seminars, conferences, and meetings must be
approved in advance by the Board Chair, except when specifically pre-authorized
by this Policy.
B. Directors may from time to time receive requests or may
elect to attend meetings or conferences pertaining to the water and wastewater
utility industry, and may be asked to, or may desire to, give presentations or
otherwise represent the District at such events. Any Director wishing to attend
such events and represent the District by providing a presentation or oral
commentary shall request and receive advance authorization from the full Board
of Directors. If such a request is granted, all expense reimbursements and travel
and meeting attendance requirements shall comply with this Policy. In the event
there is not sufficient time to submit a request to act as District Representative to
W585-TLW:p1:#18"75:04M20/04.FINAL 3
the Board, the Board Chair has the authority to approve such a request in
advance; this approval would then be subsequently submitted for ratification at
the next regularly scheduled Board meeting.
C. The number of Directors attending a seminar, conference, or
meeting should be minimized, and there must be a District business reason for
attendance. Such reasons would include, but are not limited to: presentation of
technical findings; attendance at committee meetings, or technical sessions
dealing with issues related to District business; or participation as an Officer of
the Association.
D. Seminars must be selected based on value to the District.
Benefits would include improved efficiency and effectiveness, as well as
becoming familiar with new regulatory standards. Free, local seminars must also
be authorized in advance in order to be considered for approval of Director
compensation. Preference will be given to seminars that are provided within the
Southern California region.
E. Attendance at seminars, conferences, or meetings in
"destination resort" areas outside California or areas outside the continental
United States will not be approved except by vote of the District's Board of
Directors' Steering Committee.
Section 6: Ground Transportation.
A. The most economical mode and class of transportation
reasonably consistent with travel and scheduling requirements will be used.
Each Director shall be reimbursed at the rate per mile established by the United
States Internal Revenue Service as allowable for mileage expense deduction for
use of a personal vehicle on business of the District. As said allowable rate
established by the Internal Revenue Service is periodically changed, said
changes in the reimbursement rate shall become effective on the first day of the
month following the month in which the change is announced by the Internal
Revenue Service.
B. In no event shall the amount paid for mileage reimbursement
for use of a personally-owned vehicle used for travel in lieu of air travel, exceed
the lowest available cost of coach class airfare.
C. Personally-owned vehicles used in the conduct of District
business must be insured for property and liability damage in an amount not less
than the minimum limits required by the California Financial Responsibility Act.
D. Reasonable vehicle parking and storage costs will be
allowed when rental or personally-owned vehicles are used for District business.
WSBS-TLW:pj:4194475:04/20/04 FINAL 4
E. Highway and bridge tolls are allowable expenses when
incurred while conducting District business.
F. Directors should only use rental cars for ground
transportation when necessary or when it is less expensive than other forms of
transportation such as trains, buses, taxis, or shuttles. Discretion must be used
in selecting rental car size. The rental car should be the smallest size that
provides adequate safety and comfort for the period of time it is in use. To
accommodate a group of travelers, a larger vehicle may be rented in lieu of
renting separate vehicles.
G Directors will not be reimbursed for any surplus insurance
purchased for rental cars. The District and Director are sufficiently insured
through existing District policies. Only Directors are allowed to operate rental
cars.
H. Use of chauffer-driven limousines is not allowed while
conducting District business.
Section 7: Air Transportation.
A. Air transportation must be at coach class level. First class
travel will only be allowed on an exception basis and must be approved in
advance by the Board Chair, based upon physical needs or ability to conduct
meaningful work while on board.
B. Air transportation should be arranged as early as possible to
take advantage of reduced fares for early reservations. Consideration should be
given to alternative departure times, departure and arrival airports, dates, flight
times, and stopovers to minimize airfares; however, the total cost of the
alternatives (e.g., ground transportation, lodging) should also be considered in
selecting an alternative. Internet booking services can be consulted to help in
finding the optimum alternative; however, flights must still be reserved by the
Travel Liaison.
Section 6: Lodging. When travel is to a conference, the conference-
sponsored hotel should be used to minimize cost. Some conferences require
early booking to take advantage of reduced rates. If lodging cannot be arranged
at the conference-sponsored hotel, other lodging accommodations may also be
arranged if the cost is less than or equal to the conference-sponsored hotel,
unless an exception for a higher rate is approved in advance by the General
Manager. No lodging within sixty (60) miles of the District's Administrative
Offices or the Director's residence, whichever is less, will be reimbursed.
WSBS-TLW:p4184475:04/20/04-FINAL 5
r
Section 9: Meals and Incidentals. Meal expenses are allowed while
Directors are traveling. Expenditures for meals will be moderate and reasonable.
Expenses for meals not associated with travel but related to an appropriate
business purpose meeting, are also allowed. Non-travel business meals will
only be reimbursed if taken in conjunction with a District business meeting.
Meals for Directors' guests will be reimbursed only if they have a legitimate
business relationship with the District.
A. Reimbursement When Receiot Provided. Directors will be
reimbursed for actual meal expenses, including all taxes and gratuities, up to the
amounts indicated below. If meal expenses exceed the allowance amount, the
Director will only be reimbursed the allowance amount, with the remainder being
paid by the Director. If meal expenses are less than the allowable amount, only
the actual expense amount will be reimbursed. All meal expenses must be
documented in detail in accordance with this Policy. When receipts are provided,
the maximum per meaVexpense reimbursements are as follows:
Breakfast $15.00
Lunch $20.00
Dinner $25.00
Snacks $10.00
Multiple meal expenses cannot be combined to pay for a more expensive
single meal. The Policy is applied strictly as a per meal expense. In no event
will a Director be reimbursed more than $70 per travel day under the Receipt
Method. If a receipt is missing, reimbursement will be the maximum per meal
amount allowed for that meal, based upon certification that the receipt was lost.
Receipts must be a detailed receipt from the restaurant for actual costs.
Restaurant bill stubs do not provide sufficient detail and are not acceptable for
reimbursement. If detailed receipts are not available, the Director can still be
reimbursed at the lower amounts pursuant to Subparagraph B below. Credit
card receipts may be accepted, subject to Board Chair approval if itemized,
detailed meal receipts are not provided by the restaurant.
B. Reimbursement When Receipt Not Provided. When no
receipts are submitted with the request for reimbursement, Directors will be
reimbursed for meal expenses, including all taxes and gratuities, based upon
published Internal Revenue Service Guidelines referred to as "CONUS" rates.
These rates vary by travel destination and are located on the District's intranet
site under"Forms", or at www.gsa.goy (per diem rates). A copy of the January
2004 rates is attached to this Policy.
Directors will be reimbursed the allowance amount, whether actual
meal expenses are less than or greater than the allowance amount. No
WSBS-TLW:pI:#18 75:04/20/04-FINAL 6
r
expense documentation is required for reimbursement in accordance with this
Policy.
When no receipt is provided, there are six (6) levels of
reimbursement based upon the travel destination. For partial days of travel the
individual components may be reimbursed as follows:
(1) (2) (3) (4) (5) (6)
Breakfast $ 6 $ 7 $ 8 $ 9 $ 9 $10
Lunch $ 6 $ 7 $ 8 $ 9 $11 $12
Dinner $16 $18 $20 $22 $24 $26
Incidentals $ 3 $ 3 $ 3 $ 3 $ 3 $ 3
Daily Maximum $31 $35 $39 $43 $47 $51
During travel, these amounts may be aggregated to allow a total per day. As an
example, multiple meal expenses may be combined to allow for a more
expensive single meal. However, reimbursement shall not exceed the Daily
Maximum for the destination per travel day, when no receipts are provided.
C. Non-Reimbursable Meals and Incidentals. Directors will not
be reimbursed for the following:
i. Meals that are included in the cost of a conference or
seminar, nor for meals taken elsewhere in lieu of the meal provided.
ii. Meals provided by others. Conflict of interest policies
and applicable statutes should be considered when providing meals for or
receiving meals from persons or entities other than the District representatives.
iii. Meals provided to a spouse or guest.
iv. Alcoholic beverages consumed by a Director or
others.
Section 10: Extended Travel and/or Travel with Family Members. When
a Director elects to extend his/her stay at travel destinations, or when traveling
with family members, all expenses related to such extended or family travel,
including, but not limited to airfare, extra meals, extended car rental, lodging, or
incidentals shall be paid by the Director without reimbursement.
When travel time restrictions or transportation discounts make it desirable
for a Director to arrive at a conference, seminar, or meeting a day early, or to
stay an additional day, those travel days will be considered the same as a day's
service rendered; provided, approval is obtained from the Board Chair in
advance.
WS&S-TLW:pI:#184475:04/20/04-FINAL 7
r
Section 11: Requests for Reimbursement.
A. Requests for reimbursement shall be submitted to the
District Controller not later than sixty (60) days after payment by the individual
and shall be submitted on forms provided by the District. A delinquent expense
report will not be reimbursed unless justified in writing and approved by the
Board Chair . All requests for reimbursement must be accompanied by receipts
or documentation evidencing each expense. Improper expenditures, or those
not adequately documented, will not be reimbursed. Non-essential expenses,
including but not limited to in-room movies, service bar, etc. will not be
reimbursed.
B. All expense reports shall include detailed receipts (except for
meals to be paid pursuant to Section 9.B. above) and state the date, type of
expense, District business purpose, those in attendance and their affiliations, and
amounts expended.
Article ll. Meeting Attendance and Compensation
Section 12: Directors shall be paid a stipend as compensation, at the
rate determined by the Board of Directors, and adopted by Ordinance No.
OCSD-23 as amended, for attendance at Meetings, as defined below, and for
each Day's Service Rendered as a Member of the Board.
"Maximum Meetings Allowed Per Month" shall mean for the Board
Chair, six (6) meetings, or six (6) days' service rendered per month; for all other
Directors, four (4) meetings or four (4) days' service rendered per month.
"Meetings"shall mean all regularly convened Board of Directors
Meetings, Standing Committee Meetings, Ad Hoc Committee Meetings, and
other Meetings called by the Board Chair. Also included are specific industry
conferences and business meetings of a recurring nature, such as the California
Association of Sanitation Agencies and the Association of Metropolitan
Sewerage Agencies, designated by the Board Chair. Meetings not sanctioned by
the Board Chair are not considered business of the District.
Section 13: Directors shall receive a stipend as compensation, without
further action or authorization of the Chair or the Board of Directors for
attendance at the following: Board of Directors meetings; Standing Committee
and Ad Hoc Committee meetings, of which the Director is a duly appointed
member; meetings, conferences and committee meetings of CASA and AMSA;
meetings of other governmental agencies, at which the District has an official
delegate.
WSBS-nW:pj:X184475:04/20/04-FINAL 8
Section 14: Each Day's Service Rendered as a Member of the District's
Board of Directors, shall be deemed to include, but not be limited to:
A. Attendance at any Meeting of a Committee of which the
Director is not a member, when expressly invited to attend said Committee
Meeting by the Chair of the Board of Directors.
B. Attendance at conferences with State and/or Federal
Legislators regarding District business, when approved by action of the Board of
Directors.
C. Attendance at a meeting, hearing, or conference relating to
the business of the District, when approved by action of the Board of Directors, or
when designated by the General Manager, with the concurrence of the Chair, in
advance, and when deemed to be in the best interests of the District, including
but not limited to the following:
i. Meetings of nonprofit organizations or service club
meetings where a Board Member is making a presentation on behalf of the
District.
if. Ceremonial events.
III. Meetings with other elected officials or their
employees, which do not include District Staff.
iv. Meetings of the governing body of another agency, of
which the District has an official delegate, where a matter directly affecting the
interests of the District is agendized for discussion and the Board Member is not
compensated by the other agency.
V. Meetings with District Staff.
vi. Industry related conferences other than California
Association of Sanitation Agencies' or Association of Metropolitan Sewerage
Agencies' work conferences.
vii. Telephone conferences when physical attendance is
impractical and not mandatory.
Section 15: Non Compensable Attendance.
Board Members shall not be compensated for the following meetings
where there is no District-related business to be conducted:
WSBS-TLW:pI#18"T5:04/20104-FINAL 9
A. Nonprofit organization meetings.
B. Nonprofit organization events.
C. District-sponsored employee events, including but not limited
to the annual holiday luncheon, employee picnic, or retirement events.
D. Social or ceremonial events not pre-authorized by the Board.
E. Service club meetings other than those included in Section
14(C)(1) above.
F. Parades, festivals, holiday events, or retirement dinners.
G. Meetings with existing or potential contractors, vendors, or
consultants.
H. Meetings of partisan political organizations.
Section 17: No Director shall receive compensation for attendance at
any meeting, such as Committee Meetings, which are scheduled immediately
preceding, immediately succeeding, or concurrent with a regularly-scheduled
District Board Meeting.
Section 18: No Alternate Director shall receive compensation for
attendance at any meeting unless serving in the absence of the regular, Active
Director.
The Policy was duly adopted, by action of the Board of Directors, on
, 2004 and shall be effective upon its adoption.
WSBS-TLW:p1:8184476:04120/04-FINAL 10
CALIFORNIA Per Diem Rates Page 1 of 4
U.S.General services
OGP Home GSA Home Quick Reference
Per Diem rates for CALIFORNIA state Tax standard CONUS
Effective October 1, 2003 Exem tlon ust I Property Ust
Per diem locality
(Cities not listed or located in fisted counties have a standard Ewertx
CONUS note of Listine
05 Lodging a$,I MWE for F 2(1
for all outer years the rate is 355 Lodgiq a S30 WE) M U ate
Maximum &
County + IE = Maximum
and/or other lodging rate
defined (excludes per diem Properties
location taxes) rate(4) at Per
Key city W (2, 3) (a) (b) (c) diem
Barstow/OntatioNictorville San 84 43 127
Bernardino li
County
Lake Clearlake(May 05 -Sep 30)(Oct 01 -May 04) 69 35 104
Contra Costa County Contra 108 47 155 Pro-.
Costa List
Death Valley Inyo 60 47 107 Proo•
List
Fresno 73 35 ]OS Pro
Fresno
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CALIFORNIA Per Diem Rates Page 2 of 4
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(May 01 - Oct 31) 94 n47 141 gyp.,(Nov 01 - Apr 30) 75 122 List
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(Apr 01 -Nov 15) 125 47 172 Prop.
(Nov 16 -Mar 31) 110 47 157 Li5t
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(May 01 -Sep 30) 79 43
(Oct 01 -Apr 30) 55 43 98 ist
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(Jan 01 -May 31) l29 47 ]76 Prop.
(Jun 01 -Dec 31) 84 47 131 List
Point Arena/Gualala Mendocino 109 43 152 Prop
List
Redding Shasta 78 35 113 L sP
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CALIFORNIA Per Diem Rates Page 3 of 4
( Redwood City/San San Mateo 102 I 147 I I 149 Rnn.
Mateo lul lul List
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(Jun 01 -Aug 31) 97 n47 144 P�(Sep 01 -May 31) 84 131 List
Stockton S 73 31 104 Pron.
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Tahoe City placer 145 EU 192 Anp.
Nevada
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(Jun 15 -Sep 30) 81 47All
(Oct 01 -Jun 14) 63 47
Visalia Tulare 69 43 112 Prop.
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CALIFORNIA Per Diem Rates Page 4 of 4
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West Sacramento uYolo 104 Po
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(May 01 - Sep 30) E1814 47 161 ProR(Oct 01 - Apr 30) 47 129 List
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http://policyworks.gov/org/main/mt/homepage/mtt/perdiem/perdiem.cfm?st=CALIFORNI... 4/22/2004
DISTRICT OF COLUMBIA Per Diem Rates Page 1 of I
U.S.General Services
OGP Horne GSA Home Quick Reference
Per Diem rates For DISTRICT OF COLUMBIA Standard coeus
Effective October 1, 2003 Property use
Per diem locality
(Cities not listed or located in listed counties Eiu
have a standard!CONUS rate of S55 Lodging 6$31 MWE for Ff 2 ;for all otheryears the rate is$55 Lodginga$30 Maximum M81EI
+ = Maximum
County and/or lodging M&IE
other defined (excludes rate per diem Properties
location taxes) rate (4) at Per
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DISTRICT OF Washington, 150 51 201
COLUMBIA DC (also the
cities of
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Falls Church,
and Fairfax,
and the
counties of
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Loudoun, and Prop.List
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Virginia; and
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George's in
Maryland)
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Accessibility f0925I20011 OGP-CIO
Privam Palkv
http://policyworks.gov/org/main/mt/homepage/mtt/perdienVperdiem.cfm?st=DC&yr-2004 4/22/2004
x
' ATTACHMENT
t
RESOLUTION NO. 00SD
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 01-23
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.
W 585-T L W:p1:8164616:04716/04 1
Y
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.
WSSS-nw:pJ:084616:0411 i 2
(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, unless the time limit is waived by the Chairperson. 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.
WS&S-TLW:p1:#184616:04/16/04 3
(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.
(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
1 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 term unless sooner removed by
wsas-TLw:pl:Kleael6:oalr✓04 4
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.
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 adjourned, 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 Director's 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 Tern 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
WSBS-TLW:pJ:k184818:04h6104 5
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.
Resolutions designated as "standard" and adopted by the Board of
Directors from time to time, and approved as to form 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 (California Government Code Sections 54950
et seg.) 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 . Total time
allotted for all public input on each non-Agenda item is limited to thirty (30) minutes to
one (1) hour, 'A the disaFetien of the Gha1FpeF8QR, taking into consideration the number
of persons filing a request to address the Board. However, time allotments may be
waived by a ma/oritV vote of 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.
wS&5-TLw:pl:N184616:0411604 6
r
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,
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 Vice Chairperson of each of the three Standing
Committees shall serve as the designated Alternate, In the absence or Inability to
serve by any Chairperson.
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
WS&S-TLW:pl:#184616:04/16f04 7
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.
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 Districts accounts with representatives of the outside audit firm,
including any comments received recommending improvements. The Committee shall
review managements 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 Districts 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.
wsas-nW:pi:sleas1e:ouidpe 8
r
(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.
The Committee shall also review issues pertaining to the
District's NPDES Ocean Outfall 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.
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
wsas-TLw:q:#18"1e:oaieroa 9
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.
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.
(e) FAHR. OMTS. and PDC Committee Assignments.
The Chairperson of the Board shall make all Committee assignments, and may
appoint the immediate Past Chairperson to one of the Committees.
(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, specific 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 Standing 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.
W S&S-TLW:pj:N1 84616:O 16104 10
r
Section 2: Procedure for Consideration of Demands for Corrective Action.
A. Requirement 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
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 parry 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 parry
as soon as possible after the meeting, but in no event more than thirty (30) days after
receipt of the demand.
wssS-nw:pl:k1 B46 i s:0411604 11
Section 3: Resolution No. OCSD 01-23 is hereby repealed.
Section 4: This Resolution shall become effective upon adoption.
PASSED AND ADOPTED at a regular meeting held
Chair
ATTEST:
Board Secretary
wsas-ttw:pl:#lU616:oa1sroa 12
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 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 Motion Yes No No Majority To bring before the
from the Table group a motion
previously tabled
WSSS-TLW:pI#184616:04/16/04 13
Limit or Yes No Yes Majority To limit or extend
Extend Limits limits of debate
of Debate
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 Required
Motion Required Debatable Amendable Purpose
Request to Yes No No Two-Thirds To facilitate
Suspend the business
Rules ordinarily
contrary to the
rules 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
WS&S-nW:pgxl9asls:W16AW 14
SB 1272 Senate Bill -Bill An
alysis ss Pag i y CI of 13
't ATTACHMENT 6
SENATE LOCAL GOVERNMENT COMMITTEE
Senator Tom Torlakson, Chair
BILL NO: SB 1272 HEARING: 4/21/04
AUTHOR: Ortiz FISCAL: Yes
VERSION: 4/12/04 CONSULTANT: Detwiler
SPECIAL DISTRICTS' GOVERNANCE
Background
Reacting to a series of editorials and news articles in the
Sacramento Bee, legislators began looking into the
governance of California's 3,300 special districts. In
November 2003, at the request of Senator Ortiz, the Senate
Local Government Committee held an interim hearing called,
-Integrity and Accountability: Exploring Special Districts'
Governance. - There was general, although not universal,
support among the four legislators and the speakers for
statutory reforms.
Proposed Law
1. Audits Since the mid-1950s, state law has required
county auditors to annually audit special districts' books.
A county auditor must either audit a special district or
contract with a certified public accountant to perform the
work. The audit must follow the State Controller's
requirements and conform to generally accepted auditing
standards. The district pays for the audit. A district
can shift from an annual audit to biennial audits with the
unanimous approval of the district's governing board. A
district can also shift to an audit once every five years
if the size of the district's budget is below a threshold
set by the county board of supervisors.
Senate Bill 1272 requires special districts' audits to
comply with governing auditing standards for financial and
compliance audits. Auditors must test transactions with a
high risk for abuse. Audit reports must state whether or
not the district complies with the compliance requirements
in the State Controller's audit guide.
To be eligible to conduct financial or compliance audits,
an auditor must complete regular quality control reviews
conducted by the State Controller.
SB 1272 -- 4/12/04 -- Page 2
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The State Controller must annually review and monitor
special districts' audit reports to determine if they
conform to the reporting requirements. The State
Controller must notify each district and its auditor of
these determinations.
SB 1272 allows the State Controller to perform quality
control reviews of a district's audit working papers, based
on published guidelines and standards. The bill requires
the State Controller to conduct a quality control review of
a district's auditor if the Controller believes that
"revenues were not appropriately utilized" or if the
Controller believes that the report is false, incomplete,
or incorrect.
If the State Controller's review determines that the audit
could be the result of unprofessional conduct, the bill
requires the Controller to refer the case to the California
Board of Accountancy. The State Controller may suspend the
auditor from performing districts' audits while the Board
investigates. If the Board finds that an auditor conducted
an audit in an unprofessional manner, the bill prohibits
that auditor from performing special districts' audits for
three years. A district's legislative body may similarly
refer an auditor to the California Board of Accountancy.
The bill allows the State Controller to conduct additional
audits, building on the work of the districts' regular
auditors. SB 1272 appropriates $600,000 a year from the
State General Fund to the State Controller to pay for the
bill's special district oversight program. The State
Controller may audit a special district that does not
comply with the statutory audit standards at that
district's expense.
SB 1272 requires special districts' governing boards to
require their auditors to meet with them in an open session
to discuss their findings.
Starting in the 2005 calendar year, the bill prohibits a
public accounting firm from auditing a special district if
the lead audit partner, or the primary coordinating audit
partner, or the responsible reviewing audit partner has
audited that district for six previous fiscal years. When
SB 1272 -- 4/12/04 -- Page 3
a county auditor-controller audits a special district, the
lead auditor or coordinating principals must comply with
this requirement. SB 1272 allows the State Controller to
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SB 1272 Senate Bill -Bill Analysis Page 3 of 13
waive this requirement if "no otherwise eligible auditor is
available. -
II. Ethics State law prohibits unethical conduct by
public officials, including special districts' officers and
employees :
Public officials cannot have financial interests in
contracts made in their official capacities. Those
contracts are void. Violations are crimes and can
result in permanent disqualification from public
office.
Those prohibitions don't apply to public officials
who have only specified -remote interests' in
contracts.
Local officials cannot engage in paid activities
that conflict with their public duties. Local
agencies can adopt their own rules and disciplinary
procedures.
Local officials cannot solicit political
contributions from other officials or their employees.
Public officials with prohibited financial
interests must disclose the conflict, recuse
themselves, and leave the discussion until matters
conclude.
The Political Reform Act of 1974 also governs local
officials' behavior, including disclosure of their economic
interests and campaign regulations.
Senate Bill 1272 requires special districts' governing
boards to provide their members and senior management staff
with annual opportunities to participate in orientation
courses regarding official conduct and relevant ethical
issues and laws relating to lobbying. The courses must be
conducted in consultation with or pursuant to standards set
by the Fair Political Practices Commission. The
orientation course must cover the Political Reform Act of
1974, plus five other specified statutes.
The bill requires special districts' board members to
attend one of these courses at least once every two years.
They can comply by participating in online training
SB 1272 -- 4/12/04 -- Page 4
courses, videotaped training, or by attending regional or
statewide training.
III. whistleblowers Although state law protects state
employees from retaliation when they report problems, there
are no similar laws for special districts' employees.
Senate Bill 1272 prohibits special districts' employees
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SB 1272 Senate Bill -Bill Analysis Page 4 of 13
(both members of their governing boards and those employed
by districts) from using their official authority or
influence to intimidate, threaten, coerce, command any
person with the purpose of interfering with their rights
disclose information about improper governmental
activities. Improper governmental activities include
violations of state or federal laws, or gross misconduct or
gross negligence. violations of this prohibition can
result in civil damages.
SE 1272 requires the county auditor of the county in which
a special district is located (or where the district's
primary office is located) to administer the bill's
provisions for investigating and reporting on improper
governmental activities. If the county auditor finds that
a district employee may have engaged in improper
governmental activities, the auditor must send the
investigative report to the employee's appointing power.
The appointing power has 60 days to serve notice of adverse
action against the employee or explain in writing the
reasons for not acting.
The bill also requires the county auditor to report the
improper activity to the head of the employing agency, or
the appointing authority. That person must tell the county
auditor about any action taken. That person must report to
the county auditor within 30 days and then every month
until final action has been taken. If the county auditor
concludes that the activity may involve a criminal
violation, the county auditor must report the activity to
the district attorney or -county council.•
SB 1272 allows special district employees and job
applicants who file written complaints with their
supervisors, managers, or appointing powers alleging acts
of reprisal, retribution, threats, coercion, or improper
acts to also file their complaints with the district's
SS 1272 -- 4/12/04 -- Page 5
personnel department within 12 months of the incident. The
personnel department must send a copy of its investigative
report to the county auditor.
Intentional acts of reprisal, retaliation, threats,
coercion, or similar acts against special districts'
employees or job applicants for making protected
disclosures can result in a fine of up to $10,000 and a
jail term of up to a year.
Civil damages, including punitive damages, plus attorney's
fees are also available if the injured party filed a
complaint with a district's personnel department and the
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t SB 1272 Senate Bill -Bill Analysis Page 5 of 13
T department issued or failed to issue findings. If there is
a preponderance of evidence that a protected activity
contributed to the retaliation, then the burden of proof is
on the supervisor, manager, or appointing power to show
that the action occurred for legitimate, independent
reasons.
IV. Stipends The most common way for special districts
to compensate their board members is by paying stipends.
Many districts pay stipends to their board members for
attending a meeting or performing a day's work, following
statutory schedules. Recreation and park districts, for
example, may pay stipends of up to $100 a day for attending
board meetings, but directors can't receive more than $500
a month. There has not been a comprehensive review since
the Senate Local Government Committee's 1987 interim
hearing on 'Deregulating Local Officials' Compensation. -
Until 1984, districts sponsored bills seeking legislative
approval to boost the amounts of their directors' stipends.
Tired of acting on repeated requests for what they
perceived as a local matter, legislators partially
deregulated many districts' stipends. Legislation authored
by the Chairman of the Senate Agriculture and Water
Resources Committee raised water districts' stipends to
$100 a meeting and then allowed the districts to boost
these stipends if they adopt local ordinances. A
district's ordinance is referendable and the statute
doubles the amount of time that opponents have to circulate
referendum petitions from the usual 30 days to 60 days (SB
1370, Ayala, 1984) . In 2000, the Legislature extended
these procedures to sanitary, sanitation, and fire
SB 1272 -- 4/12/04 -- Page 6
districts (SB 1559, Kelley, 2000 and SB 1756, Kelley,
2000) , and later to recreation and park districts (SB 707,
Senate Local Government Committee, 2001) and cemetery
districts (SB 341, Senate Local Government Committee,
2003) .
In 1989, the Legislature increased the number of meetings
for which districts can pay stipends from 6 meetings a
month to 10 meetings a month (AB 653, Jones, 1989) .
Senate Bill 1272 allows special districts to pay up to $100
a day for each day's attendance at board meetings as
defined in the Ralph M. Brown Act, or for each day's
service as a board member when requested by the governing
board. The bill limits the number of compensable days to
six days a month. SB 1272 repeals the statutory provision
that allows many types of special districts to increase
their stipends by adopting local ordinances.
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Y
V. Salaries Although rare, some districts have statutory
permission to pay regular monthly salaries to their board
members. For example, the East Bay Municipal Water
District can pay its board members monthly salaries of up
to $600 a month, with 58 annual increases (SB 1606, Pettis,
1986) . Irrigation districts that are in the electricity
business can pay their board members monthly salaries of up
to $600 or annual salaries of up to $15,000 (SB 1805,
Kelley, 1998) . The Imperial Irrigation District can pay
its directors annual salaries equivalent to the salaries of
the Imperial County Board of Supervisors (SB 454, Kelley,
1997) . Senate Bill 1272 prohibits special districts from
paying salaries to the members of their governing boards.
VI. Expenses Some special districts' statutes allow
their board members to recover their expenses. Senate Bill
1272 requires special districts' employees and board
members to be reimbursed based on the Internal Revenue
Service accountable plan guidelines, provided that they do
not exceed state employees' standard travel reimbursement.
The bill requires that advance payments or reimbursements
to special districts' governing board members must be
supported by receipts for the actual amounts of the
expenses.
VII. Benefits For nearly 65 years, state law has allowed
SB 1272 -- 4/12/04 -- Page 7
all local agencies --- including special districts --- to
provide their governing board members with a wide variety
of fringe benefits in addition to their stipends, salaries,
or expenses (AB 2103, Desmond, 1939) . These benefit
programs include group insurance for hospital, medical,
surgical, disability, legal, dental, life insurance, income
protection, and annuities. Local agencies can also allow
their governing board members to participate in deferred
compensation plans and pension trusts just like their
employees.
Paying benefits to former local elected officials grew from
several smaller legislative decisions. By the late 1970s,
some counties were already paying the premiums on group
insurance benefits for former county supervisors. In 1979,
the Legislature codified this practice, allowing all local
agencies to pay health and welfare benefits to -retired"
elected officials (AB 1742, Thurman, 1979) . Responding to
an Attorney General's opinion, the Legislature clarified
the law and allowed local agencies to pay health and
welfare benefits to -former- elected officials (AB 2162,
Thurman, 1980) who had served at least 12 years (AB 1572,
Marguth, 1982) . At the request of the Los Angeles Unified
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SB 1272 Senate Bill -Bill Analysis Page 7 of 13
School District, the Legislature reduced the minimum
service to one term of office, provided that the board
member paid the full cost (SB 98, Carpenter, 1982) .
In 1993, the Legislature closed off access to the Public
Employees Retirement System for newly elected members of
school boards and special districts' governing boards, but
not to city councilmembers or county supervisors (SB 53,
Russell, 1993) .
In 1994, responding to allegations of high (but
undocumented) costs to local agencies, the Legislature
imposed new restrictions on health and welfare benefits (SB
1983, Leslie, 1994) . Local agencies can provide health and
welfare benefits to former elective members of their
legislative bodies only under specific conditions:
A local agency that provided benefits to former elective
officials before January 1, 1995, cannot provide those
benefits to an official to takes office after that date,
unless the person pays for the benefits.
SB 1272 -- 4/12/04 -- Page 8
A local agency that did not provide benefits to former
elective officials before January 1, 1994, cannot provide
those benefits to former elective officials unless they
pay for the benefits.
A local agency that provided benefits to former elective
officials before January 1, 1994, can continue to provide
those benefits to those former elective officials.
Senate Bill 1272 prohibits special districts from providing
group life insurance or health and welfare benefits to
members of their governing boards who are first appointed
or first elected to a term of office beginning on or after
January 1, 2005, "unless the person participates on a
self-pay basis. "
SB 1272 prohibits special districts from providing
retirement benefits to members of their governing boards
who are first appointed or first elected to a term of
office beginning on or after January 1, 2005.
Comments
1. Integrity and accountability Good government requires
the support of the governed. Government leaders earn their
constituents' trust by acting in the public interest and
behaving with integrity. But the public's trust in
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representative democracy is fragile; even small ethical
lapses can swiftly undermine confidence in public
institutions. Like Caesar's wife Calpurnia, public
officials must be seen to be above reproach. Responding to
legislators' concerns about the governance of special
districts, SB 1272 boosts public confidence in these most
local of governments by increasing audit requirements,
instituting ethics training, and protecting whistleblowers.
2. Local democracy The best medicine for democratic ills
is the ballot box. Comunities elect their own leaders and
special districts' voters are free to change those who
govern every four years. Districts are clearly the
creatures of statute, but legislators don't need to meddle
in the day-to-day business of running thousands of
programs. SB 1272 shifts that balance by micro-managing
special districts' governance. Instead of setting broad
SB 1272 -- 4/12/04 -- Page 9
standards and letting local elected officials adapt them to
fit local conditions and circumstances, the bill's detailed
requirements for state supervision of audits and cumbersome
whistleblower provisions are excessive. Legislators need
to watch what they've created, but they shouldn't
overreact.
3. Goose and gander The Senate Local Government
Committee's interim hearing in November 2003 showed
legislators that special districts are fallible. The
hearing also demonstrated support for reforms that boost
the public's trust in their own local governments. Some
speakers asked legislators to consider extending new
reforms to the other segments of local government,
including the county supervisors, city councilmembers, and
school districts' trustees. If limits on compensation,
mandatory ethics training, and state scrutiny of audits are
good ideas for the state's 3,300 special districts, then
they're good for the 58 counties, 487 cities, and 1,100
school districts. If it's good for the goose, then why not
the gander?
4. A culture of ethics SB 1272 provokes an age-old
debate about good behavior. An ethical person living in an
ethical culture has little need for external, legalistic
controls. In the absence of an ethical culture, formal
rules are needed to restrain bad behavior. The bill
increases the procedures, standards, and rules that
constrain special districts' operations. The Committee may
wish to consider an alternative approach that would waive
many of these new restrictions for special districts that
embrace a culture of ethical behavior. If a district
regularly encouraged its officers and employees to behave
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SB 1272 Senate Bill -Bill Analysis Page 9 of 13
openly, to report lapses to neutral third-parties, and to
correct problems without retribution, the district would
not need to comply with the bill's extra requirements for
audits, training, and whistleblowers. Instead of
regulating bad behavior, shouldn't legislators encourage
good behavior?
5. Audit requirements By allowing the State Controller
to test the quality of special districts' audits, SB 1272
follows the precedent that legislators set for school
districts. If the Controller finds that a school
district's auditor has missed important items, the
SB 1272 -- 4/12/04 -- Page 10
Controller can ban the auditor from school district work.
SB 1272 follows that precedent as well as imitating the
corporate precedent for rotating lead auditors every six
years. Keeping auditors on their toes should rebuild
confidence in the auditing function. However, the
Committee may wish to consider whether small districts can
afford these new requirements. SB 1272 lets the Controller
waive the rotation requirement if 'no otherwise eligible
auditor is available.- That's a tough standard because
there's always some auditor somewhere who's available at
some price. The Committee may wish to consider an
amendment that requires the Controller to consider the cost
of the other auditor.
6. Ethics training SB 1272 takes an important step
towards restoring public confidence by requiring special
districts' board members to regularly review their ethical
obligations. But the bill's language isn't clear enough.
The Committee may wish to consider amendments that:
Clarify the FPPC's role in setting the course content
(page 10, lines 6 and 7) .
Allow officials to take local courses, not just regional
or statewide programs (page 10, line 9) .
Expand the listed curriculum, not just five specific
sections (page 10, line 12) .
Require senior executives to take training, not just
board members (page 10, line 14) .
Provide a clear starting time for this new requirement,
perhaps within a year of taking office.
The Committee may wish to consider substituting the
language for special districts' ethics training that was
proposed in SB 609 (Costa, 2001) .
7. Lost in transition The bill's provisions that protect
whistleblowers from retribution parallel the statutes that
protect state employees. There are problems in translating
requirements that come from a vast state personnel
apparatus to apply to special districts that have only a
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SB 1272 Senate Bill -Bill Analysis Page 10 of 13
couple of workers. The result is cumbersome requirements
that local officials will have a tough time implementing.
The Committee may wish to consider amendments that:
Avoid duplicate reporting duties with conflicting time
limits for the county auditors (page 11, line 34 and page
12, line 20) .
Use consistent terms that are appropriate to special
SE 1272 -- 4/12/04 -- Page 11
districts rather than "appointing authority, " "head of
the employing agency, " and "personnel department. "
Clarify what the personnel department of a special
district must do to avoid t
'the department has issued, or failed to issue, findings'
(page 13, lines 21 and 22) .
S. Stipends The bill reverses a 20-year legislative
policy that allows local elected officials to set their own
stipends with referendable local ordinances. That action
effectively cuts the stipends in districts that had used
current law to raise their stipends above $100 a day. It
reduces the number of compensable days for some districts
from 30 days to 6 days a month. A uniform, statewide
approach may not work well because of the state's
diversity. The Committee may wish to consider amendments
that:
Limit stipends to $100 a day, but grandfather higher
amounts adopted before January 1, 2004.
Allow larger districts and districts with larger programs
to give stipends for 10 days of service not just six days
a month.
Allow districts to give stipends to directors who
represent the district at public functions other than
board meetings, provided that the director receives
formal approval from the district's board of directors
before the event and reports back to the board in writing
at its next meeting.
9. Salaries A few special districts, mostly in the water
or electricity business, have convinced legislators to let
them pay flat monthly salaries to their board members.
These provisions are exceptions to the implied statutory
policy that elected officials are performing a public
service rather than undertaking a paid career. SB 1272
bans the practice of paying salaries to elected board
members by limiting districts to paying per-day subsidies.
The Committee may wish to consider whether these utility
operations should continue to pay salaries to their board
members.
10. Expenses Reacting to the problems uncovered by the
Sacramento Suburban Water District, SB 1272 requires
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SB 1272 Senate Bill -Bill Analysis Page I of 13
i districts' board members and employees to follow the IRS
standards and state employees' travel standards when
13
SB 1272 -- 4/12/04 -- Page 12
seeking reimbursement for their expenses. Curiously, the
bill requires the board members to support their expense
claims with receipts, but does not require the districts'
employees to present receipts. The Committee may wish to
consider an amendment that requires employees to document
their expense claims with receipts, just like the board
members.
it . Definition The new reforms apply to "special
districts" as defined in SB 1272. While the new definition
is similar to some existing statutory definitions of
special districts, it'a limited to agencies "governed by an
elected governing board- (page 7, lines 31 and 32) . The
etate's 252 public cemetery districts are exempt from SB
1272 because their boards are appointed to fixed terms.
The nearly 50 mosquito abatement districts do not need to
comply with SB 1272 for the same reason. Nor will the
state's biggest special district, the Metropolitan Water
District of Southern California. The Committee may wish to
consider an amendment that includes all independent special
districts; those with elected board members and those with
board members who served for fixed terms.
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SB 1272 -- 4/12/04 -- Page 13
Support and Opposition (4/15/04)
Support State Controller Steve Westly, California School
Employees Association.
Opposition California Association of Port Authorities,
California Association of Public Cemeteries, California
Association of Sanitation Agencies, California Healthcare
Association, California Special Districts Association,
Mosquito and Vector Control Association of California,
Public Water Agencies Group,
Baker Manock & Jensen.
Alameda County Flood Control & Water Conservation District,
Bear Valley Community Services District, Big Bear Municipal
Water District, Byron Bethany Irrigation District, Castaic
Lake Water Agency, Chico Area Recreation & Park District,
Citrus Heights Water District, Clovis Cemetery District,
Coachella Valley Water District, Cucamonga Valley Water
District, East Bay Municipal Water District, E1 Dorado
Irrigation District, Fair Oaks Recreation & Park District,
Fresno Westside Mosquito Abatement District, Hayward Area
Recreation & Park District, Henry Miller Reclamation
District #2131, Hesperia Recreation & Park District, Hidden
Valley Lake Community Services District, Humboldt Bay
Harbor, Recreation & Conservation District, Indian Wells
Valley Water District, Jurupa Community Services District,
Kensington Police Protection & Community Services District,
Laguna Beach County Water District, Leucadia Wastewater
District, Mesa Consolidated Water District, Mission Oak
Recreation & Park District, Mojave Water Agency, Monterey
Peninsula Regional Park District, Monte Vista Water
District, Mt. View Sanitary District, Murrieta County Water
District, North Merin Water District, Olivenhain Municipal
Water District, Oxnard Harbor District, Paso Robles
Cemetery District, Placer Consolidated Fire Protection
District, Placer Mosquito Abatement District, Plain View
Water District, Public Cemetery District No. 1 of Kern
County, Reclamation District No. 2068, Richardson Bay
Cemetery District, Rio Alto Water District, Rockville
Cemetery District, Rowland Water District, Running Springs
Water District, San Bernardino Valley Water Conservation
District, San Diego County Water Authority, San Jacinto
Valley Cemetery District, San Joaquin River Exchange
Contractors Water Authority, San Juan Water District, Santa
17
SB 1272 -- 4/12/04 -- Page 14
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Clara Valley Water District, Selma Cemetery District, South
Tahoe Public Utility District, Squaw Valley Public Service
District, Summit Cemetery District, Sweetwater Authority,
Tulelake Irrigation District, Tulare Irrigation District,
United Water Conservation District, Vallecitos Water
District, Valley-Wide Recreation & Park District, Valley of
the Moon Water District, Vallecitos Water District, Vista
Irrigation District, Walnut Valley Water District, Yorba
Linda Water District, Yuba County Water Agency.
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7
STEERING COMMITTEE Meebng Date To Bd.or Dir.
4/W04
AGENDA REPORT IhapNXber Hw NiiinW
Orange County Sanitation District Y
FROM: Blake P. Anderson, General Manager
Originator: Jean Tappan, Committee Secretary
SUBJECT: May 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 May.
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 May:
OMTS Committee: 1. Approve Resolution to Accept Grant Money (Proposition 13,
Phase III)
2. Permit Agreement for Groundwater Discharge between OCSD
and IRWD
PDC Committee: 1. Ratify Change Order No. 14 to Job No. P1-37, Primary Clarifiers
and Related Facilities
2. Ratify Change Order No. 6 to Contract No. 1-2-4, Bushard Trunk
Sewer Rehabilitation
3. Approve PSA for PSA-2003-177-BD, Electrical Acceptance
Testing Services for Collection System and Treatment Plant
Projects
4. Approve PSA for PSA-2003-176-BD, Surveying Services for
Collection System and Treatment Plant Projects
5. Approve PSA for PSA-2003-175-BD, Materials Testing,
Inspection, and other Geotechnical Services for Collection
System and Treatment Plant Projects
6. Approve Final Closeout Agreement for Job No. J-40-6, Effluent
Pathogen Reduction
7. Approve Final Closeout Agreement for Contract 7-7-2, Main
Street Pump Station
8. Approve PSA for SP-94, Plant Water VFD Replacement at Plant
No. 1
FAHR Committee: 1. Consider Preliminary 2004-05 Budgets
2. Consider Temporary Services contract
3. Receive and file Nine Month Financial Reports
4. Receive and file Quarterly Investment Management Program
Report
5. Receive and file Quarterly Swap Management Report
6. Consider Human Resources Policies and Procedures
7. Consider Safety Policies
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
CEOA FINDINGS
Not a project.
ATTACHMENTS
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STEERING COMMITTEE Meetlng Date To ad.of Dir.
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AGENDA REPORT I N2Wr Rem Number
Orange County Sanitation District N .O
FROM: Blake P. Anderson, General Manager
Originator: Jean Tappan, Committee Secretary
SUBJECT: 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 April 28, 2004 meeting.
SUMMARY
Staff routinely prepares for the Steering Committee lists 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 at the April 28, 2004
meeting:
9. Consideration of motion to approve all agenda items appearing on the Consent
Calendar not specifically removed from same, as follows:
a. (1) Adopt Resolution No. OCSD 04.11, Accepting The Proposition 13
Watershed Protection Grant for Phase II of the Fat, Oil and Great Control
Study from the State Water Resources Control Board, for Phase II of the
FOG Control Study, in an amount not to exceed $250,000; and,
(2) Authorize the General Manager to enter into an agreement with the
State Water Resources Control Board for said Proposition 13 Watershed
Protection Grant, and to comply fully with the terms and conditions
specified in the grant agreement, in a form approved by General Counsel.
b. Receive and file summons and complaint re Freitas v. Orange County
Water District, Orange County Sanitation District, at al., Los Angeles
County Superior Court Case No. BC310833, and authorize General
Counsel, to appear and defend the interests of the District.
C. Adopt Resolution No. OCSD 04-12, Appointing Representatives for the
District to Act as Agents on its Behalf in the Small Claims Courts of
Orange County Judicial Districts and Repealing Resolution No. OCSD
98-27.
END OF CONSENT CALENDAR
10. Consideration of items deleted from Consent Calendar, if any.
COMMITTEE REPORTS AND RECOMMENDED ACTIONS
11. STEERING COMMITTEE
Consent Calendar
a. Order draft Steering Committee Minutes for the meeting held on March 24,
2004 to be filed.
Non-Consent Calendar
b. Review and consideration of agenda items considered by the Steering
Committee re the April 28, 2004 meeting.
C. Consideration of items deleted from Steering Committee Consent
Calendar, if any.
12. OPERATIONS, MAINTENANCE AND TECHNICAL SERVICES COMMITTEE
(OMTS)
OMTS Consent Calendar
a. Order draft Operations, Maintenance and Technical Services Committee
Minutes for the meeting held on April 7, 2004 to be filed.
b. (1) Approve a staff-led asset management program to implement the 2002
Asset Management Strategic Plan and achieve the recommendations of
the 2003 Asset Management Peer Review report; and,
(2) Authorize the General Manager to negotiate and enter into a sole
source agreement for Asset Management Services, Job No. SP-68-02, to
provide professional services related to staff mentoring and program
development for a one year period for a total amount not to exceed
$368,000.
C. Authorize the General Manager to exercise emergency provision of
Resolution No. OCSD 04-08, Article III, Section 3.03(C), and award a
contract to the lowest responsive and responsible bidder for Emergency
Repairs and Modifications of four Plant 2 Underground Fuel Storage
Tanks and related work, Specification No. E-2004-188 BD, for an amount
not to exceed $280,000.
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OMTS Non-Consent Calendar
d. Approve Amendment No. 7 to the Agreement for Removal and
Disposal/Reuse of OCSD's Residual Solids with Synagro West, Inc.,
providing for a contract extension from June 30, 2004 to June 30, 2014,
with two additional five-year extensions as follows, for an annual amount
not to exceed $5,800,000 per year:
1) $37.62 per wet ton for Class B biosolids land applied in Maricopa
County, Arizona;
2) $38.50 per wet ton of biosolids composted at the Regional
Compost Facility in Corona, California;
3) $39.50 per wet ton for Class B biosolids land applied at Fort
Mojave, Arizona;
4) $43.75 per wet ton of biosolids composted at Fort Mojave,
Arizona;
5) $45.50 per wet ton of biosolids composted at Arizona Soils; and,
6) $49.00 per wet ton, at a minimum of 200 wet tons per day, of
Class B biosolids composted at the South Kern Industrial Center.
e. Consideration of items deleted from OMTS Committee Consent Calendar,
if any
13. PLANNING, DESIGN AND CONSTRUCTION COMMITTEE (PDC)
PDC Consent Calendar
a. Order draft Planning, Design and Construction Committee Minutes for the
meeting held on April 8, 2004 to be filed.
b. Accept Short Term Ocean Outfall Bacteria Reduction, Job No. J-87, as
complete, authorizing execution of the Notice of Completion and
approving the Final Closeout Agreement with J.F. Shea Construction, Inc.
C. Ratify Change Order No. 2 to Warner Avenue Relief Sewer, Contract No.
11-22, with ARB, Inc., authorizing an addition of$182,109, and time
extension of 23 calendar days, increasing the total contract amount to
$5,424,149.
d. Ratify Change Order No. 7 to Area Classification Study Implementation
Plan, Plant Nos. 1 and 2, Job No. J-35-2, with J.F. Shea Construction,
Inc., authorizing an addition of $194,205, increasing the total contract
amount to $15,283,121.
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e. Receive report on Draft Subsequent Environmental Impact Report for
Treatment Plant No. 2 Headworks Replacement Project, Job No. P2-66
(information only).
f. Approve Amendment No. 7 to the Professional Services Agreement with
Brown and Caldwell, providing for additional engineering services for
Primary Clarifiers 16-31 and Related Facilities, Job No. P1-37, for an
additional amount of$992,957, increasing the total amount not to exceed
$6,198,661.
g. Approve Amendment No. 4 to the Professional Services Agreement with
Carollo Engineers, providing for additional engineering services for Solids
Storage and Truck Loading Facility at Plant No. 2, Job No. 132-60, for an
additional amount of $171,786, increasing the total amount not to exceed
$1,393,671.
h. Approve Amendment No. 3 to the Professional Services Agreement with
Environmental Science Associates, providing for additional environmental
services for Supplement No. 1 to the 1999 Strategic Plan Program
Environmental Impact Report, Jab No. J-40-5, for an additional amount of
$141,000, increasing the total amount not to exceed $513,500.
PDC Non-Consent Calendar
i. Consideration of items deleted from PDC Committee Consent Calendar, if
any
14. FINANCE, ADMINISTRATION AND HUMAN RESOURCES COMMITTEE
(FAHR)
FAHR Consent Calendar
a. Order draft Finance, Administration and Human Resources Committee
Minutes for the meeting held on April 14, 2004 to be filed.
b. Receive and file Treasurer's Report for the month of March 2004.
C. Approve Revision 2 of SAFETY-POL-101, Injury and Illness Prevention
Program, as provided for in Resolution No. OCSD 02-5, regarding the
District's Injury and Illness Prevention Program Policy.
d. Approve SAFETY-POL-107, Hazard Communication Policy, as provided
for in Resolution No. OCSD 02-5, regarding the District's Hazard
Communication Program.
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e. Approve SAFETY-POL-108, Contractor Safety Policy, as provided for in
Resolution No. OCSD 02-5, regarding the District's Contractor Safety
Program.
I. Approve SAFETY-POL-115, Backflow Prevention Policy, as provided for
in Resolution No. OCSD 02-5, regarding the District's Backflow Prevention
Program.
g. Adopt Resolution No. OCSD 04-09, Dedicating Revenues for the Payment
of Debt Obligations.
h. Approve three Deferred Payment Agreements negotiated by the General
Manager for the collection of all charges and fees owed for sanitary sewer
service charges and industrial discharge permit fees, plus interest of 7%
per annum, with Dee Shin USA, Inc., Expo Dyeing & Finishing, Inc., and
Y21K Textile, Inc.
i. Approve a one time only non-base building payment for the Secretary to
the General Manager in an amount not to exceed $1,200.
FAHR Non-Consent Calendar
j. (1) That the Board of Directors authorize and implement the Sanitary
Sewer Service Charges for Fiscal Year 2004-05, adopted by Ordinance
No. OCSD 20 in July 2003, that are subject to annual reaffirmation by a
two-thirds vote.
----- Or-----
(2) That the Board of Directors authorize and implement the Sanitary
Sewer Service Charges for Fiscal Years 2004-05, 2005-06, 2006-07 and
2007-08, adopted by Ordinance No. OCSD 20 in July 2003, that are
subject to annual reaffirmation by a two-thirds vote, and to repeal the
requirement of reaffirmation in future years.
k. Consideration of items deleted from FAHR Committee Consent Calendar,
if any
15. GWR SYSTEM STEERING COMMITTEE (GWRSSC)
GWRSSC Consent Calendar
a. Order Joint Groundwater Replenishment System Cooperative Committee
Minutes for the meeting held on March 8, 2004 to be filed.
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GWRSSC Non-Consent Calendar
b. (1) Approve a budget amendment of$15,454,000, increasing Orange
County Sanitation District's budget for the Groundwater Replenishment
(GWR) System, Job No. J-36, to $251,660,000; and,
(2) Authorize award of a construction contract by the Orange County
Water District (OCWD) to J. F. Shea Construction, Inc., for construction of
GWR System Advanced Water Treatment Facilities, Contract No. GWRS-
2004-1, for an amount not to exceed $292,060,066, with OCWD paying
$146,660,033 and Orange County Sanitation District paying
$145,400,033.
C. Authorize award of a construction contract by the Orange County Water
District (OCWD) to Layne Christensen Company, for construction of
Groundwater Replenishment System Barrier Facilities, Contract No.
GWRS-2003-3, for an amount not to exceed $12,621,053, with OCWD
and Orange County Sanitation District paying equal shares of
$6,310,526.50.
d. Consideration of items deleted from GWRSSC Consent Calendar, if any.
NON-CONSENT CALENDAR
16. Consideration of the following actions regarding environmental documentation
required to approve Treatment Plant No. 2 Headworks Replacement, Job No.
P2-66 project:
(1) Receive and file Final Subsequent Environmental Impact Report for the
Treatment Plant No. 2 Headworks Replacement Project, dated April 2004,
prepared by Environmental Science Associates (ESA); and,
(2) Adopt Resolution No. OCSD 04-10, Certifying the Final Subsequent
Environmental Impact Report for Implementation of the Treatment Plant
No. 2 Headworks Replacement Project, Job No. P2-66; Making Certain
Findings relating to Environmental Effects identified in the Final
Subsequent Environmental Impact Report; Adopting a Mitigation
Monitoring and Reporting Program; and Adopting a Statement of
Overriding Considerations.
PROJECT/CONTRACT COST SUMMARY
WA
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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
CEOA FINDINGS
Not a project.
ATTACHMENTS
NA
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ORANGE COUNTY SANITATION DISTRICT
(714)962-2411
Mailing Address:
P.O. Box 8127
Fountain Valley, California
92728-8127
Street Address:
10844 Ellis Avenue
Fountain Valley, California
92708-7018
OCSD 2/13/03