HomeMy WebLinkAbout07-25-2018 Steering Committee Agenda Packet.pdf Orange County Sanitation District Wednesday, July 25, 2018
Regular Meeting of the `� """�' N 5:00 P.M.
STEERING COMMITTEE Administration Building
t Conference Rooms A & B
• 10844 Ellis Avenue
Fountain Valley, CA 92708
F`rN� ,"E ENv\P (714) 593-7433
AGENDA
CALL TO ORDER
DECLARATION OF QUORUM: Clerk of the Board
PUBLIC COMMENTS: If you wish to address the Committee on any item, please complete a
Speaker's Form (located at the table at the back of the room) and submit it to the Clerk of the Board or
notify the Clerk of the Board the item number on which you want to speak. Speakers will be recognized by
the Chairperson and are requested to limit comments to three minutes.
REPORTS: The Committee Chairperson and the General Manager may present verbal reports on
miscellaneous matters of general interest to the Directors. These reports are for information only and
require no action by the Directors.
CONSENT CALENDAR: The Consent Calendar Items are considered to be routine and will be
enacted, by the Committee, after one motion, without discussion. Any items withdrawn from the Consent
Calendar for separate discussion will be considered in the regular order of business.
1. APPROVAL OF MINUTES (Clerk of the Board)
RECOMMENDATION: Approve Minutes of the Regular Meeting of the Steering
Committee held June 27, 2018.
2. LEASE AGREEMENT WITH CARL KARCHER ENTERPRISES (CKE) PROVIDING
DISTRICT PARCEL FOR CKE PARKING AND/OR RELATED ACTIVITIES
(Lorenzo Tyner)
RECOMMENDATION: Recommend to the Board of Directors to: Approve a one
year and five-month lease agreement, beginning August 2018, with Carl Karcher
Enterprises, Inc (CKE), a California Corporation, to allow paving, striping, parking,
and related improvements by CKE within the Orange County Sanitation District's
4-foot wide utility corridor located at 21532 South Brookhurst Street, Huntington
Beach.
07/25/2018 Steering Committee Agenda Page 1 of 3
NON-CONSENT:
3. LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE (Bob Ghirelli)
RECOMMENDATION: Recommend to the Board of Directors to: Adopt Resolution
No. OCSD 18-XX entitled, "A Resolution of the Board of Directors of Orange County
Sanitation District establishing Rules of Procedure for the Conduct of Business of the
District; and repealing Resolution No. OCSD 17-18", which will amend the rules of
procedure to provide for the appointment of a Chairperson and Vice Chairperson of
the Legislative and Public Affairs Committee by the Chairperson of the Board of
Directors.
INFORMATION ITEMS:
None.
CLOSED SESSION:
During the course of conducting the business set forth on this agenda as a regular meeting of the Board,
the Chairperson may convene the Board 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 Board during a permitted
closed session and are not available for public inspection. At such time as the Board takes final action
on any of these subjects, the minutes will reflect all required disclosures of information.
CONVENE IN CLOSED SESSION.
(1) PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Government Code Section 54957(b)(1))
Title: General Manager
RECONVENE IN REGULAR SESSION.
CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED
SESSION:
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS,
IF ANY:
ADJOURNMENT:
To the Steering Committee meeting scheduled for Wednesday, August 22, 2018 at
5:00 p.m.
07/25/2018 Steering Committee Agenda Page 2 of 3
Accommodations for the Disabled: Meeting Rooms are wheelchair accessible. If you require any special disability
related accommodations, please contact the Orange County Sanitation District Clerk of the Board's office at
(714)593-9433 at least 72 hours prior to the scheduled meeting. Requests must specify the nature of the disability
and the type of accommodation requested.
Agenda Posting: In accordance with the requirements of California Government Code Section 54954.2,this agenda
has been posted outside the main gate of the Sanitation District's Administration Building located at 10844 Ellis
Avenue, Fountain Valley,California,and on the Sanitation District's website at www.ocsd.com not less than 72 hours
prior to the meeting date and time above. All public records relating to each agenda item, including any public
records distributed less than 72 hours prior to the meeting to all,or a majority of the Board of Directors,are available
for public inspection in the office of the Clerk of the Board.
Agenda Description: The agenda provides a brief general description of each item of business to be considered or
discussed. The recommended action does not indicate what action will be taken. The Board of Directors may take
any action which is deemed appropriate.
NOTICE TO DIRECTORS: To place items on the agenda for a Committee or Board Meeting, items must be
submitted to the Clerk of the Board 14 days before the meeting.
Kelly A. Lore
Clerk of the Board
(714)593-7433
klore(a)ocsd.com
For any questions on the agenda, Committee members may contact staff at:
General Manager Jim Herberg (714)593-7300 iherberg(o-)ocsd.com
Assistant General Manager Bob Ghirelli (714)593-7400 rghirelli(a)ocsd.com
Assistant General Manager Rob Thompson (714)593-7310 rthompson(cDocsd.com
Director of Environmental Services Jim Colston (714)593-7450 Icolston(cDocsd.com
Director of Finance and Lorenzo Tyner (714)593-7550 ItynerC@ocsd.com
Administrative Services
Director of Human Resources Celia Chandler (714)593-7202 cchandlerC@ocsd.com
Director of Operations&Maintenance Ed Torres 714 593-7080 etorres@ocsd.com
07/25/2018 Steering Committee Agenda Page 3 of 3
ITEM NO. 1
MINUTES OF THE
STEERING COMMITTEE
Orange County Sanitation District
Wednesday, June 27, 2018 at 5:00 p.m.
A regular meeting of the Steering Committee of the Orange County Sanitation
District was called to order by Boar Chairman Greg Sebourn on Wednesday,
June 27, 2018 at 5:00 p.m. in the Administration Building of the Orange County
Sanitation District.
A quorum was declared present, as follows:
COMMITTEE MEMBERS PRESENT: STAFF PRESENT:
Greg Sebourn, Board Chair Jim Herberg, General Manager
David Shawver, Board Vice-Chair Bob Ghirelli, Assistant General Manager
Ellery Deaton, Member-At-Large Rob Thompson, Assistant General
Tim Shaw, Member-At-Large Manager
Donald Wagner, Member-At-Large Ed Torres, Director of Operations &
Chad Wanke, Administration Committee Maintenance
Chair Lorenzo Tyner, Director of Finance &
John Withers, Operations Committee Administrative Services
Chair Kelly Lore, Clerk of the Board
Mike Dorman
COMMITTEE MEMBERS ABSENT: Alfredo Garcia
Tom Grant
Laurie Klinger
Tina Knapp
Rebecca Long
Mark Manzo
Laura Maravilla
Kathy Millea
Jeff Mohr
Andrew Nau
Ddaze Phuong
OTHERS PRESENT:
Brad Hogin, General Counsel
Gary Weisberg, Assistant General
Counsel
Jose Zepeda, I RW D
PUBLIC COMMENTS:
No public comments were provided.
06/27/2018 Steering Committee Minutes Page 1 of 4
REPORTS:
Chair Sebourn did not provide a report.
General Manager Jim Herberg did not provide a report.
CONSENT CALENDAR:
1. APPROVAL OF MINUTES (Clerk of the Board)
MOVED, SECONDED, AND DULY CARRIED TO: Approve Minutes of the
Regular Meeting of the Steering Committee held on May 23, 2018.
AYES: Deaton; Sebourn, Shaw; Shawver; and Withers
NOES: None
ABSTENTIONS: None
ABSENT: Wanke and Wagner
NON-CONSENT:
2. IRVINE RANCH WATER DISTRICT OUT OF AREA SERVICE FOR LOS
ALISOS ADDITION (Rob Thompson)
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board
of Directors to: Adopt Resolution No. OCSD 18-XX entitled: "A Resolution of
the Board of Directors of the Orange County Sanitation District supporting
Irvine Ranch Water District's Local Agency Formation Commission application
to expand Orange County Sanitation District's service boundary to include
Portola Hills and Baker Ranch per the May 8, 2017 Agreement with Irvine
Ranch Water District."
AYES: Deaton; Sebourn, Shaw; Shawver; and Withers
NOES: None
ABSTENTIONS: None
ABSENT: Wanke and Wagner
Director Wagner arrived at 5:05 p.m.
Director Wanke arrived at 5:06 p.m.
3. GENERAL MANAGER'S FY 2017-2018 WORK PLAN YEAR-END
UPDATE (Jim Herberg)
General Manager Herberg provided a PowerPoint presentation and a brief
update on the FY 2017-2018 Work plan.
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board
of Directors to: Receive and File the General Manager's FY 2017-2018 Work
Plan Year-End Update.
06/27/2018 Steering Committee Minutes Page 2 of 4
AYES: Deaton; Sebourn, Shaw; Shawver; Wanke; Wagner
and Withers
NOES: None
ABSTENTIONS: None
ABSENT: None
4. TITLE XVI BUREAU OF RECLAMATION FUNDING OPPORTUNITY FOR
EFFLUENT REUSE PROJECT UNDER THE WATER INFRASTRUCTURE
IMPROVEMENTS FOR THE NATION (WIIN) ACT (Bob Ghirelli)
Assistant General Manager Bob Ghirelli introduced the item, provided a brief
informational presentation, and responded to questions from the Committee.
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board
of Directors to: Adopt Resolution No. OCSD 18-XX entitled, "A Resolution of
the Board of Directors of the Orange County Sanitation District approving and
authorizing the grant application for the Title XVI Water Recycling Projects
under the Water Infrastructure Improvements for the Nation (WIIN) Act
including Orange County Sanitation District's Effluent Reuse Project; and the
Execution of Grant Documents with the United States Department of the
Interior, Bureau of Reclamation."
AYES: Deaton; Sebourn, Shaw; Shawver; Wanke; Wagner
and Withers
NOES: None
ABSTENTIONS: None
ABSENT: None
INFORMATION ITEMS:
None.
CLOSED SESSION:
CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE
SECTION 54956.8 & 54957(b)(1):
The Committee convened in closed session at 5:14 p.m. to discuss two items. Closed
Session Item No. CS-2 was not heard. Confidential minutes of the Closed Sessions
have been prepared in accordance with the above Government Code Sections and
are maintained by the Clerk of the Board in the Official Book of Confidential Minutes
of Board and Committee Closed Session Meetings.
RECONVENED IN REGULAR SESSION:
The Committee reconvened in regular session at 5:56 p.m.
06/27/2018 Steering Committee Minutes Page 3 of 4
CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED
SESSION:
General Counsel Brad Hogin did not provide a report.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA
ITEMS, IF ANY:
None.
ADJOURNMENT:
Chair Sebourn declared the meeting adjourned at 5:57 p.m. to the next Steering
Committee meeting to be held on Wednesday, July 25, 2018 at 5:00 p.m.
Submitted by:
Kelly A. Lore, MMC
Clerk of the Board
06/27/2018 Steering Committee Minutes Page 4 of 4
STEERING COMMITTEE Meeting Date To Bd. of Dir.
07/25/18 07/25/18
AGENDA REPORT Item Number Item Number
2
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Lorenzo Tyner, Director of Finance and Administrative Services
SUBJECT: LEASE AGREEMENT WITH CARL KARCHER ENTERPRISES (CKE)
PROVIDING DISTRICT PARCEL FOR CKE PARKING AND/OR RELATED
ACTIVITIES
GENERAL MANAGER'S RECOMMENDATION
Approve a one year and five-month lease agreement, beginning August 2018, with Carl
Karcher Enterprises, Inc (CKE), a California Corporation, to allow paving, striping,
parking, and related improvements by CKE within the Orange County Sanitation District's
4-foot wide utility corridor located at 21532 South Brookhurst Street, Huntington Beach.
BACKGROUND
• The proposed agreement is an extension of an original five-year lease agreement
entered into on August 11, 1993.
• The original lease was extended for 5-year periods expiring August 2003,
August, 2008, August 2013, and August 2018.
• The agreement provides for CKE to utilize Orange County Sanitation District
(Sanitation District) land, classified as an Interplant Pipeline and Utility Corridor,
for the use of parking, outdoor seating, or related activities, for the sum of $1 over
the lease period.
• Improvements such as paving, striping, etc. are to be maintained in good working
condition by CKE for the term of the lease agreement. The Sanitation District shall
not be liable for events surrounding use of Sanitation District land during the term
of this agreement.
• This lease may be terminated by either party with 60 days written notice of said
intent.
RELEVANT STANDARDS
• Maintain collaborative and cooperative relationships with regulators, stakeholders,
and neighboring communities
Page 1 of 2
PROBLEM
Current lease expires August 2018.
PROPOSED SOLUTION
Approve new lease through December 2019.
TIMING CONCERNS
Current lease expires August 2018.
RAMIFICATIONS OF NOT TAKING ACTION
CKE would not have agreement to use the Sanitation District land.
PRIOR COMMITTEE/BOARD ACTIONS
August 1993 - Board approved prior lease agreement.
August 2003 - Board approved 5-year lease extension.
April 2008 - Board approved 5-year lease extension, which included an additional 5-year
extension option.
ADDITIONAL INFORMATION
CKE would like agreement through December 2019 so that this lease is in line with their
other land leases.
CEQA
N/A
FINANCIAL CONSIDERATIONS
N/A
ATTACHMENT
The following attachment(s)are included in hard copy and may also be viewed on-line at the OCSD website
(www.ocsd.com) with the complete agenda package:
• Lease Agreement
Page 2 of 2
LEASE AGREEMENT
THIS LEASE AGREEMENT ("Agreement"), is made and entered into, to be
effective this_day of , 2018, by and between:
ORANGE COUNTY SANITATION DISTRICT,
hereinafter referred to as "DISTRICT";
AND
CARL'S JR. RESTAURANTS LLC, a Delaware
limited liability company, hereinafter referred to as
CKR, and the successor-in-interest to CARL
KARCHER ENTERPRISES, INC., a California
Corporation, hereinafter referred to as "CKE".
RECITALS
A. DISTRICT owns a parcel of land,approximately fifty(50)feet wide,which
abuts the easterly property line of those certain premises located at 21532 South Brookhurst
Street, Huntington Beach, California ("Brookhurst Premises"), of which CKE is the
Lessee, and the westerly right-of-way line of the Santa Ana River Channel.
B. DISTRICT owns certain utility improvements, including an Outfall Sewer,
which is presently located in the subsurface of DISTRICT's land. DISTRICT undertook
construction of additional improvements on its land, including a permanent retaining wall.
There remains a strip of DISTRICT's land, approximately four(4) feet wide, between the
retaining wall and the Brookhurst Premises (hereinafter referred to as "Parcel A"). Parcel
A is more particularly described and shown on Exhibits "A" and"B," attached hereto and
incorporated herein by this reference.
C. The Parties now desire to provide for the lease of Parcel A by DISTRICT
to CKR, as successor in interest to CKE and approved assignee of the preexisting lease
1326921.1 1
agreement between DISTRICT and CKE, to allow and maintain paving, striping,parking,
and related improvements within Parcel A, as well as set forth the duties and obligations
of the Parties hereto with respect to repairs and maintenance of said Parcel
NOW, THEREFORE, in consideration of the terms and conditions contained
herein, the Parties hereto agree as follows:
Section 1: The Recitals set forth above are incorporated herein as part of this
Agreement.
Section 2: For the consideration of $1.00, the receipt of which is hereby
acknowledged, DISTRICT hereby leases Parcel A to CKR for a term of one year and five
(5) months, beginning August 1, 2018 and terminating December 31, 2019.
Section 3: Notwithstanding the term of this Lease (set forth in Section 2
above), this Lease may be terminated by either Party at its option and for any reason by
written notice of either Party delivered sixty (60) days prior to the date of termination
selected.
Section 4: CKR shall make use of Parcel A only for vehicular traffic,parking,
outdoor seating, and any related activities, for the use of CKR and its employees, invitees,
and customers, and for no other purpose. CKR agrees, during the term of its leasehold
interest, to pave, maintain, and keep in good condition and repair the paving and
improvements to be installed by CKR within Parcel A. Such maintenance shall include,
but not be limited to, repairs, resurfacing, restriping, cleaning, and sweeping.
Section 5: In consideration of this Lease, CKR hereby grants to DISTRICT a
license to enter Parcel A at any time during the period of this Lease. Further, upon prior
written notice to CKR,DISTRICT may remove the retaining wall or any paving or parking
1326921.1 2
area improvements for the purpose of accessing, maintaining, altering, or relocating
DISTRICT's Outfall Sewer,which is located on DISTRICT's land and beneath the surface
of Parcel A.
Section 6: If DISTRICT exercises its license to enter and remove any
improvements to the lease area, it agrees to act expeditiously to undertake and conclude all
work affecting Parcel A. CKR shall have the option to terminate this Lease(in accordance
with Section 3 above) in the event of DISTRICT's removal of improvements, but shall
replace the improvements at its own expense if CKR chooses to continue the Lease.
Section 7: CKR shall indemnify, assume the defense of, and hold free and
harmless, DISTRICT, its agents, employees, successors, and assigns, from any and all
obligations, liabilities, liens, claims, demands, losses, damages, costs, or causes of action
(hereinafter "liability") arising out of or in any way connected to CKR's use of Parcel A,
or any act or omission to act by CKR, including its agents, servants, employees, invitees,
or guests, including but not limited to any liability arising from bodily injury (including
death or personal property damage, damage to any of DISTRICT's property, and
reasonable attorneys' fees) sustained at any time by any person or persons arising out of
or in consequence of CKR's use of Parcel A,whether or not such bodily injury or property
damage is claimed to be due to the negligence, gross negligence, or willful misconduct of
CKR, its agents, servants, employees, invitees, or guests, excepting only liability arising
from the sole negligence or willful misconduct of DISTRICT.
Section 8: No assignment or sublease of CKR's interest hereunder may be
made without the written consent of DISTRICT, which may be withheld in its sole
discretion.
1326921.1 3
Section 9: CKR agrees that it will, at its expense,maintain a policy or policies
of insurance, written by one or more qualified and rated insurance carriers, and insuring
DISTRICT and its employees against liability for injury, death of persons, or loss or
damage to property in or about the lease area. This insurance requirement may be met by
the naming of DISTRICT, its employees, officers and directors, as additional insureds to
CKR's general liability insurance policy. The general liability coverage shall not be less
than $2,000,000 per occurrence for bodily injury, including death, and $500,000 for
property damage.
Section 10: Any controversy or claim between the Parties to this Agreement,
including but not limited to, any claims, disputes, demands, differences, controversies, or
misunderstandings arising under,out of, or in relation to this Lease, or any alleged breach
thereof, shall be submitted to and determined by arbitration. The Rules of the American
Arbitration Association shall apply. The prevailing party shall be entitled to recover
reasonable attorneys' fees and costs, as fixed by the Arbitrator.
1326921.1 4
Section 11: This instrument contains the entire agreement between the Parties
relating to the rights herein granted and the obligations herein assumed. Any oral
representations or modifications concerning this instrument shall be of no force and effect,
excepting a subsequent modification in writing, signed by the Party to be charged.
IN WITNESS WHEREOF, DISTRICT and CKR have executed this Lease
Agreement on the day and year first above written.
"DISTRICT"
ORANGE COUNTY SANITATION DISTRICT
By
Gregory C. Sebourn,PLS
Chair, Board of Directors
ATTEST
Kelly Lore, Clerk of the Board
APPROVED AS TO FORM
Bradley R. Hogin, General Counsel
"CIM,�
CARL'S JR. RESTAURANTS LLC
A Delawa e Limited Liability Company
By
V )�Kathy Steininger
Vice President,Real Est to Management
1326921.1 5
ORANGE COUNTY SANITATION DISTRICT
PAGE 1 OF 2
EXHIBIT "A"
PARCEL A
A strip of land four (4) feet wide in the City of Huntington Beach,
County of Orange, State of California, lying within a 30. 00 foot
wide right of way as described in deed to the Orange County
Sanitation District recorded in Book 2310 Page 404 and Book 3575
Page 317 of Official Records of said County and shown on a map on
file in Book 43 Page 39 of Parcel Maps in the office of the County
Recorder of said County, described as follows:
Beginning at the Southeast corner of Parcel 1 of said Parcel Map
thence N13 '2310311E 290.54 feet along the Easterly line of said
Parcel 1 and the Westerly line of said 30. 00 foot wide right of way
to the Northeast corner of said Parcel 1 and the beginning of non-
tangent curve, concave Northerly having a radius of 1192 . 00 feet,
a radial line through said corner and point of beginning bears
N05. 01118"W; thence Northeasterly 4 . 21 feet along said curve and
the Northeasterly prolongation of the Northerly line of said
Parcel 1 through a central angle of 00 . 12109" to a line parallel
with and 4. 00 feet Southeasterly of said Easterly line of Parcel 1;
thence S13 "2310311E 290.71 feet along said parallel line to the
Easterly prolongation of the South line of said Parcel 1; thence
S87 °2210011W 4 . 16 feet along said Easterly prolongation to the point
of beginning.
Shown on Exhibit "B" attached hereto and made a part hereof.
Containing 1163 square feet (0. 027 acres) more or less.
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CURVE DATA
CA ) 0 = 02`16'35"
R = 1208.00'
L = 47.99'
L - 02'56'33"
u R = 1192.00'
L = 61.22' ORANGE COUNTY
A = 00.12'09" SANITATION DISTRICT
C R = 1192.00'
= Y 21' 1 "=50' EXHIBIT 'D'
STEERING COMMITTEE Meeting Date To Bd. of Dir.
07/25/18 07/25/18
AGENDA REPORT Item Number Item Number
3
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Robert P. Ghirelli, Assistant General Manager
SUBJECT: LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE
GENERAL MANAGER'S RECOMMENDATION
Adopt Resolution No. OCSD 18-XX entitled, "A Resolution of the Board of Direcotrs of
Orange County Sanitation District establishing Rules of Procedure for the Conduct of
Business of the District; and repealing Resolution No. OCSD 17-18", which will amend
the rules of procedure to provide for the appointment of a Chairperson and Vice
Chairperson of the Legislative and Public Affairs Committee by the Chairperson of the
Board of Directors.
BACKGROUND
The Legislative and Public Affairs (LaPA) Committee is one of the Orange County
Sanitation District's (Sanitation District) standing committees. The Committee meets
monthly to hear updates from staff and lobbyists and makes recommendations on matters
related to the legislative and public affairs activities of the Sanitation District.
RELEVANT STANDARDS
• Make it easy for people to understand OCSD's roles and value to the community
• Build brand, trust, and support with policy makers and community leaders
• Maintain influential legislative advocacy and a public outreach program
PROBLEM
Presently, the LaPA Committee is comprised of the Chairperson of the Board, the Vice
Chairperson of the Board, and five at-large members selected by the Chairperson of the
Board. The Board Chairperson and Board Vice Chairperson serve as the Committee
Chairperson and Committee Vice Chairperson. The Committee desires to restructure its
leadership to resemble that of the other standing committees by allowing the Chairperson
of the Board to appoint a Committee Chairperson and Committee Vice Chairperson who
will serve at the pleasure of the Board Chairperson.
PROPOSED SOLUTION
The proposed solution involves amending Resolution No. OCSD 17-18, the Board's Rules
of Procedure, to provide for the appointment by the Board Chairperson of a LaPA
Page 1 of 2
Committee Chair and Vice Chair. A red-lined version of the proposed changes can be
found in the attached document.
TIMING CONCERNS
N/A
RAMIFICATIONS OF NOT TAKING ACTION
Should the Board of Directors decide not to take action, the present LaPA Committee
leadership structure will remain in place.
PRIOR COMMITTEE/BOARD ACTIONS
July 2018 - The LaPA Committee directed staff to prepare a recommendation to change
the leadership structure of the Committee for consideration by the Board of Directors.
April 2017 - The Board of Directors approved to continue with monthly LaPA Committees
on the second Monday of each month, with January dark, at a new meeting time of 12
noon.
January 2015 - The Board approved the Rules of Procedure Resolution No.
OCSD 15-01, which established LaPA as a standing committee.
ADDITIONAL INFORMATION
N/A
CEQA
N/A
FINANCIAL CONSIDERATIONS
N/A
ATTACHMENT
The following attachment(s)are included in hard copy and may also be viewed on-line at the OCSD website
(www.ocsd.com) with the complete agenda package:
• Draft Resolution No. OCSD 18-XX
Page 2 of 2
RESOLUTION NO. OCSD 47 18XX-XX
A RESOLUTION OF THE BOARD OF DIRECTORS OF
ORANGE COUNTY SANITATION DISTRICT
ESTABLISHING RULES OF PROCEDURE FOR THE
CONDUCT OF BUSINESS OF THE DISTRICT, AND
REPEALING RESOLUTION NO. OCSD 17 0817-18
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 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 6:00 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.
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 Clerk of the Board.
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 Clerk of the Board 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.
OCSD 17 1818-XX-1
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 Clerk of the Board a
written waiver of notice. Such waiver may be given by facsimile or electronic mail. 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 Clerk of the Board 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 and in
a location freely accessible to the public at least twenty-four (24) hours prior to the special
meeting.
C. Meetings Adjourned by Clerk of the Board. If at any regular, adjourned
regular, special or adjourned special meeting there is not a quorum of Directors present,
the Clerk of the Board 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 and on a IoGatio iand, in a location, freely accessible to the public.
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 Clerk of the Board 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
Sanitation District business.
(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.
OCSD 17 1818-XX-2
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 the General Manager, a member of the Executive Management Team, 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.
(e) As an additional courtesy to everyone, repetition of comments
will be discouraged in the interest of time and, at the discretion of the Chairperson, can
be declared out-of-order.
(f) After each Member who wishes to speak has been recognized
and completed his/her remarks, a single three (3) minute period of rebuttal will be allowed
any Director, unless the time limit is waived by the Chairperson.
(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.
OCSD 17 1818-XX-3
(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, a-edyear and will assume office July 1st. The nominations
for Chairperson and Vice Chairperson shall be made at the regular Board meeting in May
of each year. Any person nominated for Chairperson shall be deemed to be nominated
for Vice Chairperson in the event the person is not elected as Chairperson. Thereafter,
the nominees shall prepare a statement setting forth their qualifications for the office
sought. The statements should be forwarded to the Clerk of the Board who will in
turnma+lturn mail to the members of the Board of Directors with the Agenda and other
meeting material for the June regular meeting. If only one individual is nominated for
Chairperson at the regular Board meeting in May, that individual shall be deemed elected
as Chairperson, no election shall be held in June, and the individual shall assume office
July 1st. If only one individual is nominated for Vice Chairperson at the regular Board
meeting in May, that individual shall be deemed elected as Vice Chairperson, no election
shall be held in June, and the individual shall assume office July 1st
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
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.
The Chairperson shall not serve more than two consecutive one-year terms for
which he/she has been elected to the office of Chairperson. The Vice Chairperson shall
not serve more than two consecutive one-year terms for which he/she has been elected
to the office of Vice Chairperson.
OCSD 47-1818-XX-4
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. Clerk of the Board and Minutes. The Board of Directors shall have a person
designated to serve as Clerk of the Board. The Clerk of the Board 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 Clerk of the Board will be
a regular full-time employee, subject to all the rules and policies applicable to all regular
full-time employees. The Clerk of the Board 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
Clerk of the Board will not record the name of the Director who moves or who seconds
the adoption of a motion or ResolutieR b tResolution but will reflect the votes by name
of each Director on each item brought before the Board.
In the absence of the Clerk of the Board, a Deputy Clerk of the Board shall be
appointed to exercise the duties of the Clerk of the Board.
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 Clerk of the Board, who shall include on the Agenda all such items
submitted by Directors, the General Manager and General Counsel, and all formal
communications.
The Clerk of the Board shall mail to each Director a notice of such regular
meetings, together with a proposed Agenda, not later than the Friday immediately
preceding such regular meetings. Said Agenda, insofar as possible, shall include copies
of Resolutions, except as hereafter provided, and a description of all matters to be
considered, together with any pertinent written materials.
Agendas shall be posted in a location freely accessible to the public not less than
seventy-two (72) hours in advance of the meeting.
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 Clerk of the Board at the meeting time and place.
OCSD 17 1818-XX-5
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
seq.) 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. Total time allotted for all public input on each non-Agenda item is limited
to thirty (30) minutes to one (1) hour, taking into consideration the number of persons
filing a request to address the Board. However, time allotments may be waived by a
majority 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.
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 Clerk of the Board 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.
OCSD 17 1818-XX-6
(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 Chairperson of each of the Standing Committees and
three at-large members selected by the Chairperson of the Board. The Vice Chairperson
of each of the two Standing Committees shall serve as the designated Alternate, in the
absence or inability to serve by any Chairperson. In the absence or inability of any
designated member of the Steering Committee to serve, his/her city/agency appointed
Alternate Director may not serve in that member's absence.
The Committee shall 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 conduct an annual performance evaluation of
General Counsel and submit recommendations to the Board of Directors as provided by
Resolution No. OCSD 12-03.
The Committee shall make recommendations to the Board of Directors on labor
negotiations and other related activities as may be needed or appropriate.
The Committee shall also be authorized to assign new subjects of significant
importance to the appropriate 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) Administration Committee: There shall be a permanent
Administration Committee (Finance & Administrative Services and Human Resources) 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.
OCSD 17 1818-XX-7
The Committee shall periodically interview and recommend the selection of outside
auditors. The Committee shall review the result of the annual audit of the District's
accounts with representatives of the outside audit firm, including any comments received
recommending improvements. The Committee shall review management's response to
these comments and make appropriate recommendations for implementation.
Periodically, the Committee shall recommend employment of an outside firm to
audit internal control procedures to safeguard the assets of the District.
The Committee shall interview and make recommendations on the employment of
investment-banking firms, bond counsel and, if necessary or desired, financial advisors,
to be used in connection with the District's financing programs.
The Committee shall periodically coordinate recommendations on personnel
audits of the District's operations or segments of the operations on an as-needed basis.
The Committee shall make recommendations on personnel policies and
procedures, insurers and coverage, procurement procedures and such other related
activities as may be needed or appropriate.
The Chairperson of the Board of Directors shall appoint a Committee Chairperson
and a Committee Vice Chairperson for the Administration Committee. The Committee
Chairperson and Committee Vice Chairperson shall serve at the pleasure of the
Chairperson of the Board of Directors.
The Administration Committee shall consist of thirteen members, as follows:
(1) The Chairperson of the Board of Directors;
(2) The Vice Chairperson of the Board of Directors;
(3) The Committee Chair of the Administration Committee;
(4) The Committee Vice Chair of the Administration Committee; and
(5) Nine additional Board members appointed by the Chairperson of the Board of
Directors.
Other than the Board Chairperson and the Board Vice Chairperson, no Director
who serves on the Operations Committee shall be eligible to serve on the Administration
Committee. In the absence of the Board Chairperson, his or her alternate Director may
attend meetings of the Administration Committee.
The Administration Committee shall meet on the second Wednesday of each
month at 5:00 p.m., or at the call of its Chairperson.
OCSD 17 1818-XX-8
(c) Operations Committee: There shall be a permanent
Committee designated the Operations Committee (Engineering, Operations &
Maintenance and Environmental Services). With the goal of compliance with all public
health and environmental laws and regulations, the Operations 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 to the Board of Directors.
The Operations Committee shall also review and submit appropriate
recommendations on matters pertaining to capital projects which address operational
needs, 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 of the Board of Directors shall appoint a Committee Chairperson
and a Committee Vice Chairperson of the Operations Committee. The Committee
Chairperson and Committee Vice Chairperson shall serve at the pleasure of the
Chairperson of the Board of Directors.
The Operations Committee shall consist of fourteen members, as follows:
(1) The Chairperson of the Board of Directors;
(2) The Vice Chairperson of the Board of Directors;
OCSD 17 1818-XX-9
(3) The Committee Chair of the Operations Committee;
(4) The Committee Vice Chair of the Operations Committee; and
(5) Ten (10) additional Board members appointed by the Chairperson of the Board
of Directors.
Other than the Board Chairperson and the Board Vice Chairperson, no Director
who serves on the Administration Committee shall be eligible to serve on the Operations
Committee. In the absence of the Board Vice-Chairperson, his or her Alternate Director
may attend meetings of the Operations Committee.
The Operations Committee shall meet on the first Wednesday of each month at
5:00 p.m., or at the call of its Chairperson.
(d) Legislative and Public Affairs Committee: There shall be a permanent
Committee designated as the Legislative and Public Affairs (LaPA) Comm ittee.com
of the Chairperson of the Rid TiGe Chairperson of the Board, and a at large
0
members seleoterd by the Chairperson of the Board
The Committee shall review issues pertaining to the impact on OCSD of legislative
and regulatory proposals and submit appropriate recommendations on the matters.
The Committee shall also be responsible for overseeing the contractual
arrangements with the Sanitation District's legislative advocates to provide advocacy
services in Sacramento and Washington, D.C. In carrying out its responsibilities, the
Committee shall receive regular status reports from the advocates and staff and monitor
and recommend positions on legislative and regulatory proposals.
The Committee shall also review issues pertaining to the District's public outreach,
branding, and communications activities, evaluate alternatives and make
recommendations to the Board of Directors.
The Chairperson of the Board of Directors shall appoint a Committee
Chairperson and a Committee Vice Chairperson to the LaPA committee. The
Committee Chairperson and Vice Chairperson shall serve at the pleasure of the
Chairperson of the Board of Directors.
The LaPA Committee shall consist of seven members, as follows:
(1) The Chairperson of the Board of Directors
(2) The Vice Chairperson of the Board of Directors
(3) The Committee Chairperson of the LaPA Committee
OCSD 17 1818-XX-10
(4) The Committee Vice Chairperson of the LaPA committee
(5) Three (3) additional Board Members appointed by the Chairperson of the
Board of Directors
The LaPA Committee shall meet on the second Monday of each month at 12:00
p.m. or at the call of its Chairperson."
The Gemmottee shall advise Staff and make reGemmeRdatiORS OR matters rel
to the legislative and public affairs programs of the floc
The Legislative and P blip Affairs Committee shall on the ceGend Monday of
each month at 12•00 p.m. or at the call of the Board Ghairnercon
(2) Special and Ad Hoc Committees. In addition to the Standing
Committees, the Chairperson of the Board of Directors, 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.
Each Special and Ad Hoc Committee shall meet at the call of its Chairperson.
M. Alternate Directors: If a regular Director cannot attend a meeting of the
Operations Committee, the Administration Committee or the full Board of Directors, the
Director's alternate may attend in place of his or her regular Director. An alternate
Director may not, however, attend a meeting of any other Committee in the absence of
his or her regular Director. If the regular Director and the Alternate Director are both
unable to attend the meeting, the regular Director may request that the meeting be
teleconferenced. The request may be approved, at the Board Chairperson's discretion,
provided that all requirements of the Ralph M. Brown Act (California Government Code
Sections 54950 et seg.) are able to be satisfied.
N. 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 Sanitation District, or any
one of the member Agencies, referred to a Standing Committee for study and report. This
motion shall be a privileged motion, and when duly seconded, discussion thereof shall be
limited to Directors only. Said motion shall receive an affirmative vote of a majority of the
Directors for adoption.
Section 2: Procedure for Consideration of Demands for Corrective Action.
OCSD 17 1818-XX-11
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 Clerk
of the Board a written demand describing the alleged violation and demanding corrective
action. Such demand must be served upon the Clerk of the Board 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, an- 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 Clerk of the Board shall inform the demanding party in writing of the Board's decision
not to cure or correct the challenged action.
C. Implementing Corrective Action. If a motion to take corrective action
passes, the Chairperson may entertain a motion implementing corrective action. Any
motion implementing corrective action shall address the concerns raised in the
consideration of corrective action. The motion implementing corrective action may
include a motion to rescind prior action taken, as appropriate. Passage of a motion to
rescind invalidates prior action only as of the time of the passage of the motion, and not
from the date of the initial action. A motion implementing corrective action resulting from
a written demand is out-of-order if the action complained of(a) was in connection with the
sale or issuance of notes, bonds or other evidences of indebtedness, or any contract,
agreement or incident thereto; or (b) gave rise to a contractual obligation upon which a
party has, in good faith, detrimentally relied. In any event, the Board shall notify the party
making the demand in writing of its decision to take corrective aGt+sn, aadaction and shall
describe any corrective action taken. This notice shall be given to the demanding party
as soon as possible after the meeting, but in no event more than thirty (30) days after
receipt of the demand.
Section 3: Resolution No. OCSD 17-0817-18 is hereby repealed.
Section 4: This Resolution shall become effective immediately.
OCSD 17- 818-XX-12
PASSED AND ADOPTED at a regular meeting of the Board of Directors held
DeGember 2-0,2-017july 25, 2018.
Gregory C. Sebourn, PLS
Board Chairman
ATTEST:
Kelly A. Lore, MMC
Clerk of the Board
APPROVED AS TO FORM:
Bradley R. Hogin
General Counsel
OCSD 17-1818-XX-13
STATE OF CALIFORNIA )
ss
COUNTY OF ORANGE )
I, Kelly A. Lore, Clerk of the Board of Directors of the Orange County Sanitation District,
do hereby certify that the foregoing Resolution No. OCSD 171818-XX was passed and
adopted at a regular meeting of said Board on the 2-0t'-25t—"_day of DeGe ber 2047july
2018, by the following vote, to wit:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
Orange County Sanitation District this 20th 25th day of OeGernberr2017july 2018.
Kelly A. Lore, MMC
Clerk of the Board of Directors
Orange County Sanitation District
OCSD 17- 818-XX-14
TABLE 1
BOARD PROCEDURES AND ORGANIZATION
SUMMARY OF MOTIONS
A. PRIVILEGED MOTIONS
Kind of Second Vote
Motion Required Debatable Amendable 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 emergency
B. MAIN MOTION AND RELATED
SUBSIDIARY MOTIONS
Kind of Second Vote
Motion Required Debatable Amendable Required Purpose
Main Yes Yes Yes Majority To introduce new
Motion business
Amend Yes Yes Yes Majority To modify or alter a
Main motion
Motion
Substitute Yes Yes Yes Majority To replace the main
Motion motion entirely
OCSD 17- 818-XX-15
Previous Yes No No Majority To close debate on
Question the main or
amended motion
immediately
Continue to Yes Yes Yes Majority To defer action
a Certain
Time
To Table Yes No No Majority To discontinue
consideration until
brought back by vote
of the Board
Take a Yes No No Majority To bring before the
Motion group a motion
from the previously tabled
Table
Limit or Yes No Yes Majority To limit or extend
Extend limits of debate
Limits of
Debate
Refer to a Yes Yes Yes Majority To place business in
Committee 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 vote on a motion
by a previously voted
Director upon
who voted
for the
prevailing
side on
the
original
motion
OCSD 17- 818-XX-16
C. INCIDENTAL RULES
NON-RANKING
Kind of Second Vote
Motion Required Debatable Amendable Required Purpose
Request to Yes No No Two- To facilitate business
Suspend Thirds ordinarily contrary to
the Rules the rules of the
organization
Override Yes No No Majority To have Board
Order of majority rule on the
the Chair order
Point of No No No None To enforce the rules
Order of the organization
OCSD 17-1818-XX-17
RITA
WOODRUFF, $PRADLIN&$MART CLOSED SESSION
555 ANTON BOULEVARD, SUITE 1200
COSTA MESA, CA 92626-7670
(714)558-7000
MEMORANDUM
TO: Hon. Chair and Members of the Orange County Sanitation District Steering
Committee
FROM: Bradley R. Hogin, Esq.
General Counsel
DATE: July 17, 2018
RE: Closed Session Items
The Steering Committee desires to hold a closed session on July 25, 2018 to discuss the
General Manager's performance. Said closed session will be held pursuant to the authority of
Government Code Section 54957(b)(1).
Respectfully submitted,
By: Ale A"�
Bradley k Hogin, G neral Counsel
1331749.1
ORANGE COUNTY SANITATION DISTRICT
COMMON ACRONYMS
Association of California Local Agency Formation Regional Water Quality
ACWA Water Agencies LAFCO Commission RWQCB Control Board
APWA American Public Works LOS Level Of Service SARFPA Santa Ana River Flood
Association Protection Agency
AQMD Air Quality Management MGD Million Gallons Per Day SARI Santa Ana River
District Interceptor
ASCE American Society of Civil MOU Memorandum of SARWQCB Santa Ana Regional Water
Engineers Understanding Quality Control Board
BOD Biochemical Oxygen Demand NACWA National Association of Clean SAWPA Santa Ana Watershed
Water Agencies Project Authority
CARB California Air Resources NEPA National Environmental SCADA Supervisory Control And
Board Policy Act Data Acquisition
California Association of Non-Governmental Southern California
CASA Sanitation Agencies NGOs Organizations SCAP Alliance of Publicly Owned
Treatment Works
CCTV Closed Circuit Television NPDES National Pollutant Discharge SCAQMD South Coast Air Quality
Elimination System Management District
CEQA California Environmental NWRI National Water Research SOCWA South Orange County
Quality Act Institute Wastewater Authority
CIP Capital Improvement O& M Operations&Maintenance SRF Clean Water State
Program Revolving Fund
CRWQCB California Regional Water OCCOG Orange County Council of SSMP Sewer System
Quality Control Board Governments Management Plan
CWA Clean Water Act OCHCA Orange County Health Care SSO Sanitary Sewer Overflow
Agency
CWEA California Water Environment OCSD Orange County Sanitation SWRCB State Water Resources
Association District Control Board
EIR Environmental Impact Report OCWD Orange County Water District TDS Total Dissolved Solids
EMT Executive Management Team OOBS Ocean Outfall Booster Station TMDL Total Maximum Daily Load
EPA US Environmental Protection OSHA Occupational Safety and TSS Total Suspended Solids
Agency Health Administration
Professional Waste Discharge
FOG Fats, Oils, and Grease PCSA Consultant/Construction WDR Requirements
Services Agreement
gpd gallons per day PDSA Professional Design Services WEF Water Environment
Agreement Federation
GWRS Groundwater Replenishment POTW Publicly Owned Treatment WERF Water Environment&
System Works Reuse Foundation
ICS Incident Command System ppm parts per million WIFIA Water Infrastructure
Finance and Innovation Act
Integrated Emergency Professional Services Water Infrastructure
IERP Response Plan PSA Agreement WIIN Improvements for the
Nation Act
JPA Joint Powers Authority RFP Request For Proposal WRDA Water Resources
Development Act
ORANGE COUNTY SANITATION DISTRICT
GLOSSARY OF TERMS
ACTIVATED SLUDGE PROCESS—A secondary biological wastewater treatment process where bacteria reproduce at a high
rate with the introduction of excess air or oxygen and consume dissolved nutrients in the wastewater.
BENTHOS —The community of organisms, such as sea stars, worms, and shrimp, which live on, in, or near the seabed, also
known as the benthic zone.
BIOCHEMICAL OXYGEN DEMAND (BOD) — The amount of oxygen used when organic matter undergoes decomposition by
microorganisms.Testing for BOD is done to assess the amount of organic matter in water.
BIOGAS—A gas that is produced by the action of anaerobic bacteria on organic waste matter in a digester tank that can be used
as a fuel.
BIOSOLIDS—Biosolids are nutrient rich organic and highly treated solid materials produced by the wastewater treatment process.
This high-quality product can be recycled as a soil amendment on farmland or further processed as an earth-like product for
commercial and home gardens to improve and maintain fertile soil and stimulate plant growth.
CAPITAL IMPROVEMENT PROGRAM (CIP) — Projects for repair, rehabilitation, and replacement of assets. Also includes
treatment improvements, additional capacity, and projects for the support facilities.
COLIFORM BACTERIA—A group of bacteria found in the intestines of humans and other animals, but also occasionally found
elsewhere, used as indicators of sewage pollution. E. coli are the most common bacteria in wastewater.
COLLECTIONS SYSTEM — In wastewater, it is the system of typically underground pipes that receive and convey sanitary
wastewater or storm water.
CERTIFICATE OF PARTICIPATION (COP)—A type of financing where an investor purchases a share of the lease revenues of
a program rather than the bond being secured by those revenues.
CONTAMINANTS OF POTENTIAL CONCERN (CPC) — Pharmaceuticals, hormones, and other organic wastewater
contaminants.
DILUTION TO THRESHOLD (D/T) —The dilution at which the majority of people detect the odor becomes the D/T for that air
sample.
GREENHOUSE GASES (GHG) — In the order of relative abundance water vapor, carbon dioxide, methane, nitrous oxide, and
ozone gases that are considered the cause of global warming ("greenhouse effect").
GROUNDWATER REPLENISHMENT SYSTEM(GWRS)—Ajoint water reclamation project that proactively responds to Southern
California's current and future water needs. This joint project between the Orange County Water District and the Orange County
Sanitation District provides 70 million gallons per day of drinking quality water to replenish the local groundwater supply.
LEVEL OF SERVICE (LOS)—Goals to support environmental and public expectations for performance.
N-NITROSODIMETHYLAMINE (NDMA) — A N-nitrosamine suspected cancer-causing agent. It has been found in the
Groundwater Replenishment System process and is eliminated using hydrogen peroxide with extra ultra-violet treatment.
NATIONAL BIOSOLIDS PARTNERSHIP (NBP)—An alliance of the National Association of Clean Water Agencies and Water
Environment Federation, with advisory support from the US Environmental Protection Agency. NBP is committed to developing
and advancing environmentally sound and sustainable biosolids management practices that go beyond regulatory compliance
and promote public participation to enhance the credibility of local agency biosolids programs and improved communications that
lead to public acceptance.
PLUME—A visible or measurable concentration of discharge from a stationary source or fixed facility.
PUBLICLY OWNED TREATMENT WORKS (POTW)—A municipal wastewater treatment plant.
SANTA ANA RIVER INTERCEPTOR (SARI) LINE—A regional brine line designed to convey 30 million gallons per day of non-
reclaimable wastewater from the upper Santa Ana River basin to the ocean for disposal, after treatment.
SANITARY SEWER — Separate sewer systems specifically for the carrying of domestic and industrial wastewater. Combined
sewers carry both wastewater and urban runoff.
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT (SCAQMD) — Regional regulatory agency that develops plans and
regulations designed to achieve public health standards by reducing emissions from business and industry.
SECONDARY TREATMENT — Biological wastewater treatment, particularly the activated sludge process, where bacteria and
other microorganisms consume dissolved nutrients in wastewater.
SLUDGE—Untreated solid material created by the treatment of wastewater.
TOTAL SUSPENDED SOLIDS(TSS)—The amount of solids floating and in suspension in wastewater.
TRICKLING FILTER—A biological secondary treatment process in which bacteria and other microorganisms, growing as slime
on the surface of rocks or plastic media, consume nutrients in wastewater as it trickles over them.
URBAN RUNOFF—Water from city streets and domestic properties that carry pollutants into the storm drains, rivers, lakes, and
oceans.
WASTEWATER—Any water that enters the sanitary sewer.
WATERSHED—A land area from which water drains to a particular water body. The Orange County Sanitation District's service
area is in the Santa Ana River Watershed.