HomeMy WebLinkAbout02-24-2021 Steering Committee Meeting Complete Agenda PacketORANGE COUNTY SANITATION DISTRICT
SPECIAL NOTICE REGARDING CORONAVIRUS (COVID-19) AND ATTENDANCE AT PUBLIC MEETINGS
On March 4, 2020, Governor Newsom proclaimed a State of Emergency in California as
a result of the threat of COVID-19. On March 12, 2020 and March 18, 2020, Governor Newsom issued Executive Order N-25-20 and Executive Order N-29-20, which temporarily suspends portions of the Brown Act which addresses the conduct of public meetings.
The General Manager and the Chairman of the Board of Directors have determined that due to the size of the Orange County Sanitation District’s Board of Directors (25), and the health and safety of the members, the Board of Directors will be participating in meetings of the Board telephonically and via Internet accessibility.
PUBLIC PARTICIPATION
Your participation is always welcome. The Steering Committee meeting will be available to the public online at:
https://ocsd.legistar.com/Calendar.aspx
You may submit your comments and questions in writing for the Steering Committee’s consideration in advance of the meeting by using the eComment feature available via the webpage above or sending them to OCSanClerk@ocsd.com with the subject
line “PUBLIC COMMENT ITEM # (insert the item number relevant to your comment)” or “PUBLIC COMMENT NON-AGENDA ITEM”. Submit your written comments by
5 :00 p.m. on Tuesday, February 23, 2021.
You may also submit comments and questions for the Steering Committee’s
consideration during the meeting by using the eComment feature that will be available
via the webpage above for the duration of the meeting.
All public comments will be provided to the Steering Committee and may be read into the record or compiled as part of the record.
Thank you.
February 17, 2021
NOTICE OF MEETING
STEERING COMMITTEE
ORANGE COUNTY SANITATION DISTRICT
REGULAR MEETING – 5:00 P.M.
Wednesday, February 24, 2021
ACCESSIBILITY FOR THE GENERAL PUBLIC
Due to the spread of COVID-19, the Orange County Sanitation District will
be holding all upcoming Board and Committee meetings by
teleconferencing and Internet accessibility. This meeting will be available
to the public online at:
https://ocsd.legistar.com/Calendar.aspx
The Regular Meeting of the Steering Committee of the Orange County
Sanitation District will be held in the manner indicated above on
Wednesday, February 24, 2021 at 5:00 p.m.
STEERING COMMITTEE AND BOARD MEETING DATES
March 24, 2021
April 28, 2021
May 26, 2021
June 23, 2021
July 28, 2021
August 25, 2021
September 22, 2021
October 27, 2021
November 17, 2021 *
December 15, 2021 *
January 26, 2022
February 23, 2022
* Meeting will be held on the third Wednesday of the month
STEERING COMMITTEE
(1)Roll Call:
Meeting Date: February 24, 2021 Meeting Time: 5:00 p.m.
Committee Members
David Shawver, Board Chair……………………………………………____ John Withers, Board Vice-Chair……………………………………….. ____ Stacy Berry, Operations Committee Chair…………………………. ____ Jesus Silva, LaPA Committee Chair……………………………………____ Chad Wanke, Administration Committee Chair………………………____ Sandra Massa-Lavitt, Member-At-Large………………………………____ Glenn Parker, Member-At-Large………………………………………… ____
Others
Brad Hogin, General Counsel………………………………………... ____
Staff
Jim Herberg, General Manager……………………………………… ____ Rob Thompson, Assistant General Manager………………………. ____ Lorenzo Tyner, Assistant General Manager………………………... ____ Celia Chandler, Director of Human Resources………..…………… ____ Kathy Millea, Director of Engineering………..……………………… ____ Lan Wiborg, Director of Environmental Services………..…….…… ____ Kelly Lore, Clerk of the Board…………...…………………………… ____
Other Staff Present
ORANGE COUNTY SANITATION DISTRICT Effective 2/9/2021 BOARD OF DIRECTORS Complete Roster
AGENCY/CITIES ACTIVE DIRECTOR
ALTERNATE DIRECTOR
Anaheim Stephen Faessel Jose Diaz
Brea Glenn Parker Steven Vargas
Buena Park Art Brown Connor Traut
Cypress Stacy Berry Anne Hertz
Fountain Valley Patrick Harper Glenn Grandis
Fullerton Jesus J. Silva Nick Dunlap
Garden Grove Steve Jones John O’Neill
Huntington Beach Kim Carr Dan Kalmick
Irvine Anthony Kuo Farrah N. Khan
La Habra Rose Espinoza Jose Medrano
La Palma Marshall Goodman Nitesh Patel
Los Alamitos Mark A. Chirco Ron Bates
Newport Beach Brad Avery Joy Brenner
Orange Kim Nichols Chip Monaco
Placentia Chad Wanke Ward Smith
Santa Ana Johnathan Ryan Hernandez Nelida Mendoza
Seal Beach Sandra Massa-Lavitt Schelly Sustarsic
Stanton David Shawver Carol Warren
Tustin Ryan Gallagher Austin Lumbard
Villa Park Chad Zimmerman Robert Collacott
Sanitary/Water Districts
Costa Mesa Sanitary District Bob Ooten Art Perry
Midway City Sanitary District Andrew Nguyen Sergio Contreras
Irvine Ranch Water District John Withers Douglas Reinhart
Yorba Linda Water District Brooke Jones Phil Hawkins
County Areas
Board of Supervisors Doug Chaffee Donald P. Wagner
STEERING COMMITTEE
Regular Meeting Agenda
Wednesday, February 24, 2021 - 5:00 PM
Board Room
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714)593-7433
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.
MEETING AUDIO: An audio recording of this meeting is available within 24 hours after adjournment of
the meeting. Please contact the Clerk of the Board's office at (714) 593-7433 to request the audio file.
NOTICE TO DIRECTORS: To place items on the agenda for a Committee or Board Meeting, the item must
be submitted in writing to the Clerk of the Board: Kelly A. Lore, MMC, (714) 593-7433 / klore@ocsd.com at least
14 days before the meeting.
FOR ANY QUESTIONS ON THE AGENDA, BOARD MEMBERS MAY CONTACT STAFF AT:
General Manager: Jim Herberg, jherberg@ocsd.com / (714) 593-7300
Asst. General Manager: Lorenzo Tyner, ltyner@ocsd.com / (714) 593-7550
Asst. General Manager: Rob Thompson, rthompson@ocsd.com / (714) 593-7310
Director of Human Resources: Celia Chandler, cchandler@ocsd.com / (714) 593-7202
Director of Engineering: Kathy Millea, kmillea@ocsd.com / (714) 593-7365
Director of Environmental Services: Lan Wiborg, lwiborg@ocsd.com / (714) 593-7450
STEERING COMMITTEE Regular Meeting Agenda Wednesday, February 24, 2021
CALL TO ORDER
ROLL CALL AND DECLARATION OF QUORUM:
PUBLIC COMMENTS:
Your participation is always welcome. The Steering Committee meeting will be available to the public online at:
https://ocsd.legistar.com/Calendar.aspx.
You may submit your comments and questions in writing for the Steering Committee’s consideration in advance of
the meeting by using the eComment feature available via the webpage above or sending them to
OCSanClerk@ocsd.com with the subject line “PUBLIC COMMENT ITEM # (insert the item number relevant to
your comment)” or “PUBLIC COMMENT NON-AGENDA ITEM”. Submit your written comments by 5:00 p.m. on
February 23, 2021.
You may also submit comments and questions for the Steering Committee’s consideration during the meeting by
using the eComment feature that will be available via the webpage above for the duration of the meeting. All
public comments will be provided to the Steering Committee and may be read into the record or compiled as part
of the record.
REPORTS:
The Board 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:
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.
1.2021-1413APPROVAL OF MINUTES
RECOMMENDATION:
Approve Minutes of the Regular Meeting of the Steering Committee held January 27,
2021.
Originator:Kelly Lore
Agenda Report
01-27-2021 Steering Committee Minutes
Attachments:
2.2021-1471UPDATE TO THE ESTABLISHED RULES OF PROCEDURE FOR THE
CONDUCT OF BUSINESS OF THE ORANGE COUNTY SANITATION
DISTRICT
RECOMMENDATION: Recommend to the Board of Directors to:
Page 1 of 4
STEERING COMMITTEE Regular Meeting Agenda Wednesday, February 24, 2021
Adopt Resolution No. OC SAN 21-XX entitled, “A Resolution of the Board of Directors
of the Orange County Sanitation District establishing Rules of Procedure for the
Conduct of Business of the Orange County Sanitation District; and repealing
Resolution No. OC SAN 21-01”.
Originator:Jim Herberg
Agenda Report
OC SAN 21-XX Rules of Procedure - Redline
OC SAN 21-XX Rules of Procedure - Clean
Attachments:
NON-CONSENT:
3.2021-1462ESTABLISH BOARD OF DIRECTORS PROTOCOLS
RECOMMENDATION: Recommend to the Board of Directors to:
Adopt Resolution No. OC SAN 21-02 entitled, “A Resolution of the Board of Directors
of the Orange County Sanitation District establishing Board of Directors Protocols”.
Originator:Jim Herberg
Agenda Report
OC SAN 21-02 - Protocols
Attachments:
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 the Board takes final action on any of these subjects, the minutes
will reflect all required disclosures of information.
CONVENE IN CLOSED SESSION.
CS-1 2021-1492CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED
LITIGATION - GOVERNMENT CODE SECTION 54956.9(d)(4)
RECOMMENDATION: Convene in Closed Session:
Number of Potential Cases: 1
Page 2 of 4
STEERING COMMITTEE Regular Meeting Agenda Wednesday, February 24, 2021
Potential initiation of eminent domain litigation regarding property owned by Bayside
Village Marina LLC.
Agenda Report
Memoranda from Legal Counsel re Bayside Village Marina
Anticipated Litigation
Attachments:
CS-2 2021-1494CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED
LITIGATION - GOVERNMENT CODE SECTION 54956.9(d)(2)
RECOMMENDATION: Convene in Closed Session:
Number of Potential Cases: 1
Significant exposure to litigation: threatened CEQA litigation regarding environmental
impact report for Bay Bridge Pump Station Project.
Agenda Report
Memoranda from Legal Counsel re Bay Bridge Pump Station
Anticipated Litigation
Attachments:
CS-3 2021-1493CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED
LITIGATION - GOVERNMENT CODE SECTION 54956.9(d)(2)
RECOMMENDATION: Convene in Closed Session:
Number of Potential Cases: (1)
Significant exposure to litigation: Claim of Raul Palazuelos.
Agenda Report
Memoranda from Legal Counsel re Palazuelos Anticipated
Litigation
Attachments:
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:
BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING:
At this time Directors may request staff to place an item on a future agenda.
Page 3 of 4
STEERING COMMITTEE Regular Meeting Agenda Wednesday, February 24, 2021
ADJOURNMENT:
The next Steering Committee meeting is scheduled for Wednesday, March 24, 2021 at 5:00
p.m.
Page 4 of 4
STEERING COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1413 Agenda Date:2/24/2021 Agenda Item No:1.
FROM:James D. Herberg, General Manager
Originator: Kelly A. Lore, Clerk of the Board
SUBJECT:
APPROVAL OF MINUTES
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
Approve Minutes of the Regular Meeting of the Steering Committee held January 27, 2021.
BACKGROUND
In accordance with the Board of Directors Rules of Procedure,an accurate record of each meeting
will be provided to the Directors for subsequent approval at the following meeting.
RELEVANT STANDARDS
·Resolution No. OC SAN 21-01
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Minutes of the Steering Committee meeting held January 27, 2021
Orange County Sanitation District Printed on 2/17/2021Page 1 of 1
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Orange County Sanitation District
Minutes for the
STEERING COMMITTEE
Wednesday, January 27, 2021
5:00 PM
Board Room
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
CALL TO ORDER
A regular meeting of the Steering Committee of the Orange County Sanitation District was
called to order by Board Chairman David Shawver on Wednesday, January 27, 2021 at 5:02
p.m. in the Administration Building of the Orange County Sanitation District. Clerk of the
Board Kelly Lore stated that the meeting was being held telephonically and via audio/video
teleconferencing in accordance with the Governor's Executive Order No. N-29-20, due to the
Coronavirus Pandemic (COVID-19).
ROLL CALL AND DECLARATION OF QUORUM:
A quorum was declared present, as follows:
PRESENT:David Shawver, John Withers, Stacy Berry, Sandra Massa-Lavitt,
Glenn Parker, Jesus Silva and Chad Wanke
ABSENT:None
STAFF MEMBERS PRESENT: Jim Herberg, General Manager; Kelly Lore, Clerk of the
Board; and Mortimer Caparas were present in the Board Room. Assistant General Manager
Lorenzo Tyner, Assistant General Manager Rob Thompson, Director of Engineering Kathy
Millea, Director of Environmental Services Lan Wiborg, Director of Human Resources Celia
Chandler, Jennifer Cabral, Jackie Castro, Brian Engeln, Tina Knapp, Joshua Martinez, and
Thomas Vu participated telephonically.
OTHERS PRESENT: Brad Hogin (General Counsel) was present in the Board Room.
PUBLIC COMMENTS:
Clerk of the Board Kelly Lore indicated that Late Communication was received and distributed
to the Board of Directors pertaining to Item Nos. 3 and 4 on tonight's agenda.
REPORTS:
Chair Shawver stated that the new list of Committee appointments had been provided to the
Board of Directors. He thanked those who had previously served and welcomed the new
members to the Steering Committee.
General Manager Herberg did not provide a report.
Page 1 of 4
STEERING COMMITTEE Minutes January 27, 2021
CONSENT CALENDAR:
1.APPROVAL OF MINUTES 2020-1369
Originator: Kelly Lore
MOVED, SECONDED, AND DULY CARRIED TO:
2020.
Approve Minutes of the Regular Meeting of the Steering Committee held November 18,
2020.
AYES:David Shawver, John Withers, Stacy Berry, Glenn Parker and Chad
Wanke
NOES:None
ABSENT:None
ABSTENTIONS:Sandra Massa-Lavitt and Jesus Silva
NON-CONSENT:
2.GENERAL MANAGER’S FISCAL YEAR 2020-2021 WORK PLAN
MID-YEAR UPDATE
2021-1404
Originator: Jim Herberg
Mr. Herberg provided a brief introduction to this item.
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
Receive and file the General Manager’s Fiscal Year 2020-2021 Work Plan Mid-Year
Update.
AYES:David Shawver, John Withers, Stacy Berry, Sandra Massa-Lavitt,
Glenn Parker, Jesus Silva and Chad Wanke
NOES:None
ABSENT:None
ABSTENTIONS:None
3.STRATEGIC PLAN DEVELOPMENT 2021-1398
Originator: Jim Herberg
Mr. Herberg provided a brief introduction to this item.
ITEM RECEIVED FOR:
Information Only.
Page 2 of 4
STEERING COMMITTEE Minutes January 27, 2021
4.UPDATE TO THE ESTABLISHED RULES OF PROCEDURE FOR THE
CONDUCT OF BUSINESS OF THE ORANGE COUNTY SANITATION
DISTRICT
2020-1368
Originator: Jim Herberg
ITEM NO. 4B WAS PULLED FROM CONSIDERATION.
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
A. Adopt Resolution No. OC SAN 21-XX entitled, “A Resolution of the Board of
Directors of the Orange County Sanitation District establishing Rules of
Procedure for the Conduct of Business of the Orange County Sanitation District;
and repealing Resolution No. OCSD 19-19”; and
B. Adopt Resolution No. OC SAN 21-XX entitled, “A Resolution of the Board of
Directors of the Orange County Sanitation District establishing Board of
Directors Protocols”.
AYES:David Shawver, John Withers, Stacy Berry, Sandra Massa-Lavitt,
Glenn Parker, Jesus Silva and Chad Wanke
NOES:None
ABSENT:None
ABSTENTIONS:None
INFORMATION ITEMS:
None.
CLOSED SESSION:
CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION
54957(b)(1):
The Committee convened in closed session at 5:20 p.m. to discuss one item. Confidential
minutes of the Closed Session have been prepared in accordance with the above
Government Code Section and are maintained by the Clerk of the Board in the Official Book
of Confidential Minutes of Board and Committee Closed Session Meetings.
CS-1 PUBLIC EMPLOYEE PERFORMANCE EVALUATION 54957(B)(1)2020-1389
CONVENED IN CLOSED SESSION:
Page 3 of 4
STEERING COMMITTEE Minutes January 27, 2021
Public Employee Performance Evaluation
Number of Employees: 1
·General Counsel
RECONVENED IN REGULAR SESSION.
The Committee reconvened in regular session at 5:47 p.m.
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.
BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING:
None.
ADJOURNMENT:
Chair Shawver declared the meeting adjourned at 5:49 p.m. to the next Steering Committee
meeting to be held on Wednesday, February 24, 2021 at 5:00 p.m.
Submitted by:
__________________
Kelly A. Lore, MMC
Clerk of the Board
Page 4 of 4
STEERING COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1471 Agenda Date:2/24/2021 Agenda Item No:2.
FROM:James D. Herberg, General Manager
SUBJECT:
UPDATE TO THE ESTABLISHED RULES OF PROCEDURE FOR THE CONDUCT OF BUSINESS
OF THE ORANGE COUNTY SANITATION DISTRICT
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
Adopt Resolution No.OC SAN 21-XX entitled,“A Resolution of the Board of Directors of the Orange
County Sanitation District establishing Rules of Procedure for the Conduct of Business of the Orange
County Sanitation District; and repealing Resolution No. OC SAN 21-01”.
BACKGROUND
The Rules of Procedure are being updated to include changes to the times of the meetings of the
Legislative and Public Affairs Committee.At the request of the Legislative and Public Affairs
Committee Chairman,the Committee meeting times were reviewed due to schedule conflicts with
members of the Committee.It was the consensus of the Committee to keep the meetings on the 2nd
Monday of the month but to change the regular meeting start times to 4:30 p.m.;and to 4:00 p.m.for
meetings held in April and July.
RELEVANT STANDARDS
·California Government Code Section 54950 et seq.
·Comply with transparency and communication requirements, including the Brown Act
PRIOR COMMITTEE/BOARD ACTIONS
January 2021 -Adopted Resolution No.OC SAN 21-01 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 19-19”.
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Draft Resolution No. OC SAN 21-XX Rules of Procedure (Redline)
·Draft Resolution No. OC SAN 21-XX Rules of Procedure (Clean)
Orange County Sanitation District Printed on 2/17/2021Page 1 of 1
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OC SAN 21-01XX-1
RESOLUTION NO. OC SAN 21-0121-XX A RESOLUTION OF THE BOARD OF DIRECTORS OF
ORANGE COUNTY SANITATION DISTRICT
ESTABLISHING RULES OF PROCEDURE FOR THE CONDUCT OF BUSINESS OF THE ORANGE COUNTY SANITATION DISTRICT, AND REPEALING RESOLUTION NO. OCSD 19-19OC SAN 21-01
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 Orange County Sanitation District (Sanitation District): A. Regular Meetings. There shall be a regular monthly meeting of the Board of Directors of the Sanitation District on the fourth Wednesday of every month at 6:00
p.m., in the Administrative Offices of the Sanitation 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 of Directors 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 electronically 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. If the notice is delivered electronically, the Clerk of the Board should use an electronic “read receipt” to ensure delivery. If a Director has not read the notice, the Clerk
OC SAN 21-01XX-2
will diligently attempt to contact the Director by telephone as soon as possible after the publication of the notice.
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 material. Such 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 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, 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.
OC SAN 21-01XX-3
(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 the General Manager, a member of the Executive Management Team, General Counsel, Special Counsel, or the Clerk of the Board.
(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. Directors should limit comment to the subject matter, item, or motion currently being considered. There will be no interruptions of the Director who has been recognized. Attempted interruptions will be declared out-of-order, and the Director 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 their 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
Sanitation District’s Staff, the Director’s time will be declared to have been used up, and no further inquiry will be allowed.
OC SAN 21-01XX-4
(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 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 turn forward by electronic 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 they have been elected to the office of Chairperson. The Vice Chairperson shall
OC SAN 21-01XX-5
not serve more than two consecutive one-year terms for which they have been elected to the office of Vice 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. 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 their designee. 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 Resolution 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, an Assistant Clerk of the Board shall be appointed to exercise the duties of the Clerk of the Board. 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 the Agenda all such items submitted by Directors, the General Manager
and General Counsel, and all formal communications. The General Manager, in consultation with the Board Chairperson and Board Vice Chairperson, shall determine agenda items for Sanitation District Board of Director Meetings. Directors should prepare in advance of meetings and be familiar with items on the agenda. Directors shall make a
reasonable effort to meet with the General Manager or related staff before meetings to
receive answers to questions regarding the agenda. The Order of Business on the agenda for regular meetings of the Board of Directors shall be:
i. Call to Order ii. Invocation and Pledge of Allegiance iii. Roll Call and Declaration of Quorum iv. Public Comment - Pursuant to the Brown Act, public comment will be allowed on items on the Board/Committee agendas at the beginning of the meeting either on agenda items or general comments within
the subject matter jurisdiction of the Sanitation District. Public
OC SAN 21-01XX-6
comments are limited to no more than three minutes each. Individuals desiring to speak are encouraged to submit a request to speak card or place an eComment online to the Clerk of the Board.
v. Special Presentations - Special presentations shall be scheduled as necessary in recognition of employee or Director service, or other requested presentations. Requests for special presentation must be submitted to the Clerk of the Board in writing in advance of the
agenda publication deadline. The Clerk of the Board will coordinate
the scheduling of presentations with the Board Chairperson. vi. Board Chairperson / General Manager Reports - The reports portion of the meeting provides the Chairperson and the General Manager
the opportunity to briefly comment on Sanitation District business,
operations, projects and other items of interest. vii. Public Hearings - Public Hearings may be required on certain items as prescribed by state or federal law. The regular time for public
hearings is established by this resolution.
viii. Elections – Annually or when deemed necessary. ix. Consent Calendar - Items on the Board/Committee Agenda which
are considered to be of a routine nature by the General Manager shall be listed on the “Consent Calendar.” These items shall be approved, adopted, etc. by one motion of the Board and majority vote.
Directors may comment on Consent Calendar items or ask for minor clarifications without the need for pulling the item for separate consideration. Items requiring deliberation should be pulled for separate consideration.
x. Receive and File - Items that require no action; and if no objection, the Chairperson may so order. xi. Committee Items – Items approved at the monthly Committee meetings are brought forward under each Standing Committee title
on the agenda for Board approval. These items may be treated as a consent calendar by one motion of the Committee and majority vote. xii. Non-Consent – Items on the Board/Committee Agenda which have
not been previously considered and require study,report or action. xiii. Information Items – Educational or Items of interest that require no
OC SAN 21-01XX-7
action. xiv. AB 1234 Disclosure Reports – This item allows Board members to
provide a brief oral report regarding the disclosure of outside
committees, conferences, training, seminars, et. Attended at the Agency’s expense, per Government Code §53232.3(d). xv. Closed Session - During the course of conducting the business set
forth on an agenda as a regular meeting, the Chairperson may
convene the Board/Committee in closed session pursuant to pursuant to Government Code Sections 54956.8, 54956.9, 54957 or 54957.6, as noted.
All written materials and verbal information regarding closed session
items shall remain confidential. No member of the Board of Directors, employee of the Sanitation District, or any other person present shall disclose to any person the content or substance of any discussion which takes place in a closed session unless authorized by General
Counsel and a majority of the Board of Directors.
xvi. Other Business and communications or Supplemental agenda items – Prior to adjournment, the Board Chairperson will inquire if there is any other business to bring before the meeting.
xvii. Board of Directors initiated items for a future meeting - This portion of the meeting allow Directors to request an agenda item for a future meeting. If the Board Chair or a majority of the body indicates support for the request at that time, then the item shall be placed on
a future agenda. Upon support for the request, the Board of Directors/Committee will provide direction to staff on the information that is desired to be presented when the item is placed on a future agenda.
xviii. Adjournment The Board Chairperson shall have the discretion to change the order of business. The Clerk of the Board shall electronically 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 additional pertinent material.
Agendas shall be posted in a location freely accessible to the public not less than seventy-two (72) hours in advance of the meeting.
OC SAN 21-01XX-8
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. Items of business not known at the time the regular Agenda is electronically 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.
OC SAN 21-01XX-9
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.
(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 two at-large members selected by the Chairperson of the 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. 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 their 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, Environmental Services, and Human Resources) to advise the Staff and make recommendations on matters related to the financial, budgeting, administrative, environmental and personnel policies and programs of the Sanitation District.
The Committee shall review with the Staff the procedures for development, preparation and format of the annual budget and recommend appropriate change, and
OC SAN 21-01XX-10
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 Sanitation District budget rests with the Board of Directors. The Committee shall periodically interview and recommend the selection of outside
auditors. The Committee shall review the result of the annual audit of the Sanitation
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 Sanitation 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 Sanitation District’s financing programs. The Committee shall periodically coordinate recommendations on personnel audits of the Sanitation 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 Committee shall also review issues pertaining to the Sanitation District’s National Pollutant Discharge Elimination System (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 Sanitation District’s operations and discharge of treated wastewater. 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;
OC SAN 21-01XX-11
(3) The Committee Chair of the Administration Committee;
(4) The Committee Vice Chair of the Administration Committee; and
(5) Nine additional Directors 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 concurrently 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. (c) Operations Committee: There shall be a permanent Committee designated the Operations Committee (Engineering and Operations &
Maintenance). 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 Sanitation District wastewater treatment process, 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 matters pertaining to contractual arrangements by the Sanitation District to provide sewerage services to areas outside the Sanitation
District’s boundaries or approved spheres of influence.
The Committee shall review plans for the future needs of the Sanitation 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 Sanitation District wastewater treatment systems 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 Sanitation
District wastewater systems operational functions and major capital construction projects.
OC SAN 21-01XX-12
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; (3) The Committee Chair of the Operations Committee;
(4) The Committee Vice Chair of the Operations Committee; and
(5) Ten (10) additional Directors 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 concurrently 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)
Committee.
The Committee shall review issues pertaining to the impact on OCSD the Sanitation District 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 Sanitation 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
OC SAN 21-01XX-13
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 (4) The Committee Vice Chairperson of the LaPA committee
(5) Three (3) additional Directors appointed by the Chairperson of the Board of
Directors The LaPA Committee shall meet on the second Monday of the months of February, March, May, September, and November at 12:004:30 p.m. and the months of April and
July at 3:304:00 p.m. or at the call of its Chairperson.”
(2) Special and Ad Hoc Committees. In addition to the Standing
Committees, the Chairperson of the Board of Directors, 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. An Alternate Director serving in place of a regular member shall not act as Chairperson or Vice Chairperson of the Board or any Committee, even if the absent regular member serves as Chairperson or Vice Chairperson of one of those bodies. 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 seq.) are able to be satisfied.
OC SAN 21-01XX-14
N. Motion to Refer to a Standing Committee. Any Director at a Board or Committee 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. O. All meetings of the Board of Directors shall be publicly available and recorded.
The audio/video recording of any open and public meeting shall be subject to inspection
pursuant to the California Public Records Act. 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 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 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 evidence of indebtedness, or any contract,
OC SAN 21-01XX-15
agreement or incident thereto; or (b) gave rise to a contractual obligation upon which a party has, in good faith, detrimentally relied. In any event, the Board shall notify the party making the demand in writing of its decision to take corrective action and shall describe
any corrective action taken. This notice shall be given to the demanding party as soon
as possible after the meeting, but in no event more than thirty (30) days after receipt of the demand. Section 4: Resolution No. OCSD 19-19 OC SAN 21-01 is hereby repealed.
Section 5: This Resolution shall become effective immediately. PASSED AND ADOPTED at a regular meeting of the Board of Directors held
January 27February 24, 2021. _______________________________ David John Shawver
Board Chairman ATTEST:
__________________________ Kelly A. Lore, MMC Clerk of the Board
OC SAN 21-01XX-16
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. OC SAN 21-0121-XX was passed and adopted at a regular meeting of said Board on the 27th 24th day of January February
2021, 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 27th 24th day of January February 2021.
Kelly A. Lore, MMC Clerk of the Board of Directors Orange County Sanitation District
OC SAN 21-01XX-17
TABLE 1
BOARD PROCEDURES AND ORGANIZATION
SUMMARY OF MOTIONS
A. PRIVILEGED MOTIONS
Kind of
Motion
Second
Required
Debatable
Amendable
Vote
Required
Purpose
Adjourn
Yes
No
No
Majority
To end the
meeting
To Take a Recess
Yes No No Majority To interrupt a meeting for a short time or to provide an
intermission
Raise a
Question of Privilege
No No No None To obtain action
immediately in an emergency
B. MAIN MOTION AND RELATED SUBSIDIARY MOTIONS
Kind of
Motion
Second
Required
Debatable
Amendable
Vote
Required
Purpose Main Motion
Yes Yes Yes Majority To introduce new business
Amend Main Motion
Yes Yes Yes Majority To modify or alter a motion
Substitute Motion
Yes Yes Yes Majority To replace the main motion entirely
OC SAN 21-01XX-18
Previous
Question
Yes
No
No
Majority
To close debate on
the main or amended motion immediately
Continue to a Certain Time
Yes Yes Yes Majority To defer action
To Table
Yes
No
No
Majority
To discontinue
consideration until
brought back by vote of the Board
Take a Motion from the Table
Yes No No Majority To bring before the group a motion previously tabled
Limit or
Extend
Limits of Debate
Yes
No
Yes
Majority
To limit or extend
limits of debate
Refer to a Committee
Yes Yes Yes Majority To place business in hands of a Committee
Withdraw a Motion
No No No None To withdraw a motion before it is
voted on
Reconsider Yes Yes No Majority
must be by a Director who voted for the
prevailing side on the original motion
To secure a new
vote on a motion previously voted upon
OC SAN 21-01XX-19
C. INCIDENTAL RULES NON-RANKING
Kind of Motion Second Required Debatable Amendable Vote Required Purpose
Request to Suspend the Rules
Yes No No Two-Thirds
To facilitate business ordinarily contrary to the rules of the
organization
Override
Order of the Chair
Yes
No
No
Majority
To have Board
majority rule on the order
Point of Order No No No None To enforce the rules of the organization
OC SAN 21-XX-1
RESOLUTION NO. OC SAN 21-XX
A RESOLUTION OF THE BOARD OF DIRECTORS OF ORANGE COUNTY SANITATION DISTRICT ESTABLISHING RULES OF PROCEDURE FOR THE CONDUCT OF BUSINESS OF THE ORANGE COUNTY
SANITATION DISTRICT, AND REPEALING RESOLUTION
NO. OC SAN 21-01 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 Orange County Sanitation District (Sanitation District): A. Regular Meetings. There shall be a regular monthly meeting of the Board
of Directors of the Sanitation District on the fourth Wednesday of every month at 6:00 p.m., in the Administrative Offices of the Sanitation 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 of Directors 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 electronically 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. If the notice is delivered electronically, the Clerk of the Board should use an
OC SAN 21-XX-2
electronic “read receipt” to ensure delivery. If a Director has not read the notice, the Clerk
will diligently attempt to contact the Director by telephone as soon as possible after the
publication of the notice. 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 material.
Such 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 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, 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
OC SAN 21-XX-3
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 the General Manager, a member of the Executive Management Team, General Counsel, Special Counsel, or the Clerk of the Board.
(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. Directors should limit comment to the subject matter, item, or motion currently being considered. There will be no interruptions of the Director who has been recognized. Attempted interruptions will be declared out-of-order, and the Director 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 their remarks, a single three (3) minute period of rebuttal will be allowed any Director, unless the time limit is waived by the Chairperson.
OC SAN 21-XX-4
(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
Sanitation 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 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 turn forward by electronic 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.
OC SAN 21-XX-5
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 they have been elected to the office of Chairperson. The Vice Chairperson shall not serve more than two consecutive one-year terms for which they have been elected to
the office of Vice 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. 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 their designee. 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 Resolution 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, an Assistant Clerk of the Board shall be appointed to exercise the duties of the Clerk of the Board. 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 the Agenda all such items submitted by Directors, the General Manager and General Counsel, and all formal communications. The General Manager, in consultation with the Board Chairperson and Board Vice Chairperson, shall determine agenda items for Sanitation District Board of Director Meetings. Directors should prepare
in advance of meetings and be familiar with items on the agenda. Directors shall make a reasonable effort to meet with the General Manager or related staff before meetings to receive answers to questions regarding the agenda. The Order of Business on the agenda for regular meetings of the Board of Directors
shall be: i. Call to Order ii. Invocation and Pledge of Allegiance
OC SAN 21-XX-6
iii. Roll Call and Declaration of Quorum
iv. Public Comment - Pursuant to the Brown Act, public comment will be allowed on items on the Board/Committee agendas at the beginning of the meeting either on agenda items or general comments within
the subject matter jurisdiction of the Sanitation District. Public comments are limited to no more than three minutes each. Individuals desiring to speak are encouraged to submit a request to speak card or place an eComment online to the Clerk of the Board.
v. Special Presentations - Special presentations shall be scheduled as necessary in recognition of employee or Director service, or other requested presentations. Requests for special presentation must be submitted to the Clerk of the Board in writing in advance of the agenda publication deadline. The Clerk of the Board will coordinate
the scheduling of presentations with the Board Chairperson. vi. Board Chairperson / General Manager Reports - The reports portion of the meeting provides the Chairperson and the General Manager the opportunity to briefly comment on Sanitation District business,
operations, projects and other items of interest. vii. Public Hearings - Public Hearings may be required on certain items as prescribed by state or federal law. The regular time for public hearings is established by this resolution.
viii. Elections – Annually or when deemed necessary. ix. Consent Calendar - Items on the Board/Committee Agenda which are considered to be of a routine nature by the General Manager
shall be listed on the “Consent Calendar.” These items shall be approved, adopted, etc. by one motion of the Board and majority vote. Directors may comment on Consent Calendar items or ask for minor
clarifications without the need for pulling the item for separate
consideration. Items requiring deliberation should be pulled for separate consideration. x. Receive and File - Items that require no action; and if no objection,
the Chairperson may so order. xi. Committee Items – Items approved at the monthly Committee meetings are brought forward under each Standing Committee title
on the agenda for Board approval. These items may be treated as
OC SAN 21-XX-7
a consent calendar by one motion of the Committee and majority
vote.
xii. Non-Consent – Items on the Board/Committee Agenda which have not been previously considered and require study,report or action.
xiii. Information Items – Educational or Items of interest that require no
action. xiv. AB 1234 Disclosure Reports – This item allows Board members to provide a brief oral report regarding the disclosure of outside
committees, conferences, training, seminars, et. Attended at the
Agency’s expense, per Government Code §53232.3(d). xv. Closed Session - During the course of conducting the business set forth on an agenda as a regular meeting, the Chairperson may convene the Board/Committee in closed session pursuant to
pursuant to Government Code Sections 54956.8, 54956.9, 54957 or 54957.6, as noted. All written materials and verbal information regarding closed session items shall remain confidential. No member of the Board of Directors,
employee of the Sanitation District, or any other person present shall disclose to any person the content or substance of any discussion which takes place in a closed session unless authorized by General Counsel and a majority of the Board of Directors.
xvi. Other Business and communications or Supplemental agenda items
– Prior to adjournment, the Board Chairperson will inquire if there is any other business to bring before the meeting. xvii. Board of Directors initiated items for a future meeting - This portion
of the meeting allow Directors to request an agenda item for a future meeting. If the Board Chair or a majority of the body indicates support for the request at that time, then the item shall be placed on a future agenda. Upon support for the request, the Board of Directors/Committee will provide direction to staff on the information
that is desired to be presented when the item is placed on a future agenda. xviii. Adjournment
The Board Chairperson shall have the discretion to change the order of business.
OC SAN 21-XX-8
The Clerk of the Board shall electronically 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 additional pertinent material.
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. Items of business not known at the time the regular Agenda is electronically 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.
OC SAN 21-XX-9
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.
(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 two at-large members selected by the Chairperson of the 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. 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 their 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.
OC SAN 21-XX-10
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, Environmental Services,
and Human Resources) to advise the Staff and make recommendations on matters
related to the financial, budgeting, administrative, environmental and personnel policies and programs of the Sanitation 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 Sanitation District budget
rests with the Board of Directors. The Committee shall periodically interview and recommend the selection of outside auditors. The Committee shall review the result of the annual audit of the Sanitation
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 Sanitation 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 Sanitation District’s financing programs.
The Committee shall periodically coordinate recommendations on personnel audits of the Sanitation 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 Committee shall also review issues pertaining to the Sanitation District’s
National Pollutant Discharge Elimination System (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
OC SAN 21-XX-11
protection of the marine waters off metropolitan Orange County’s coastline from impacts
resulting from the Sanitation District’s operations and discharge of treated wastewater.
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 Directors 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 concurrently 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. (c) Operations Committee: There shall be a permanent Committee designated the Operations Committee (Engineering and Operations & Maintenance). 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 Sanitation District wastewater treatment process, 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 matters pertaining to contractual arrangements by the Sanitation District to provide sewerage services to areas outside the Sanitation
District’s boundaries or approved spheres of influence.
The Committee shall review plans for the future needs of the Sanitation District, explore alternatives and make recommendations to the Board of Directors.
OC SAN 21-XX-12
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 Sanitation District wastewater treatment systems 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 Sanitation
District wastewater systems 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; (3) The Committee Chair of the Operations Committee;
(4) The Committee Vice Chair of the Operations Committee; and (5) Ten (10) additional Directors 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 concurrently 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)
Committee.
OC SAN 21-XX-13
The Committee shall review issues pertaining to the impact on the Sanitation
District 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 Sanitation 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
(4) The Committee Vice Chairperson of the LaPA committee (5) Three (3) additional Directors appointed by the Chairperson of the Board of Directors
The LaPA Committee shall meet on the second Monday of the months of February, March, May, September, and November at 4:30 p.m. and the months of April and July at 4:00 p.m. or at the call of its Chairperson.” (2) Special and Ad Hoc Committees. In addition to the Standing Committees, the Chairperson of the Board of Directors, 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.
OC SAN 21-XX-14
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. An Alternate Director serving in place of a regular member shall not act as Chairperson or Vice Chairperson of the Board or any Committee, even if the absent regular member serves as Chairperson or Vice Chairperson of one of those bodies. 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 seq.) are able to be satisfied. N. Motion to Refer to a Standing Committee. Any Director at a Board or
Committee 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.
O. All meetings of the Board of Directors shall be publicly available and recorded. The audio/video recording of any open and public meeting shall be subject to inspection pursuant to the California Public Records Act.
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 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 and may consider it at that meeting pursuant to Section 1(J) above. A description of any item so placed on the
OC SAN 21-XX-15
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 evidence of indebtedness, or any contract,
agreement or incident thereto; or (b) gave rise to a contractual obligation upon which a party has, in good faith, detrimentally relied. In any event, the Board shall notify the party making the demand in writing of its decision to take corrective action and shall describe any corrective action taken. This notice shall be given to the demanding party as soon as possible after the meeting, but in no event more than thirty (30) days after receipt of
the demand. Section 4: Resolution No. OC SAN 21-01 is hereby repealed. Section 5: This Resolution shall become effective immediately.
PASSED AND ADOPTED at a regular meeting of the Board of Directors held February 24, 2021.
_______________________________ David John Shawver Board Chairman
ATTEST: __________________________ Kelly A. Lore, MMC
Clerk of the Board
OC SAN 21-XX-16
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. OC SAN 21-XX was passed and
adopted at a regular meeting of said Board on the 24th day of February 2021, 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 24th day of February 2021.
Kelly A. Lore, MMC Clerk of the Board of Directors
Orange County Sanitation District
OC SAN 21-XX-17
TABLE 1
BOARD PROCEDURES AND ORGANIZATION
SUMMARY OF MOTIONS
A. PRIVILEGED MOTIONS
Kind of
Motion
Second
Required
Debatable
Amendable
Vote
Required
Purpose
Adjourn Yes No No Majority To end the meeting
To Take a Recess
Yes No No Majority To interrupt a meeting for a short time or to
provide an intermission
Raise a Question of Privilege
No No No None To obtain action immediately in an emergency
B. MAIN MOTION AND RELATED SUBSIDIARY MOTIONS
Kind of
Motion
Second
Required
Debatable
Amendable
Vote
Required
Purpose
Main Motion
Yes Yes Yes Majority To introduce new business
Amend Main
Motion
Yes Yes Yes Majority To modify or alter a motion
Substitute
Motion
Yes
Yes
Yes
Majority
To replace the main
motion entirely
OC SAN 21-XX-18
Previous Question Yes No No Majority To close debate on the main or amended motion immediately
Continue to
a Certain
Time
Yes
Yes
Yes
Majority
To defer action
To Table Yes No No Majority To discontinue consideration until brought back by vote of the Board
Take a Motion from the
Table
Yes No No Majority To bring before the group a motion previously tabled
Limit or
Extend Limits of Debate
Yes
No
Yes
Majority
To limit or extend
limits of debate
Refer to a Committee
Yes Yes Yes Majority To place business in hands of a Committee
Withdraw a
Motion
No
No
No
None
To withdraw a
motion before it is
voted on
Reconsider Yes Yes No Majority must be by a Director who voted
for the prevailing side on the original
motion
To secure a new vote on a motion previously voted upon
OC SAN 21-XX-19
C. INCIDENTAL RULES
NON-RANKING
Kind of
Motion
Second
Required
Debatable
Amendable
Vote
Required
Purpose
Request to
Suspend
the Rules
Yes
No
No
Two-
Thirds
To facilitate business
ordinarily contrary to
the rules of the organization Override Order of the Chair
Yes No No Majority To have Board majority rule on the order
Point of Order No No No None To enforce the rules of the organization
STEERING COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1462 Agenda Date:2/24/2021 Agenda Item No:3.
FROM:James D. Herberg, General Manager
SUBJECT:
ESTABLISH BOARD OF DIRECTORS PROTOCOLS
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
Adopt Resolution No. OC SAN 21-02 entitled, “A Resolution of the Board of Directors of the Orange
County Sanitation District establishing Board of Directors Protocols”.
BACKGROUND
At the request of the Orange County Sanitation District (Sanitation District)Board Chairman,the
proposed Board of Directors protocols were designed to assist the Board of Directors,staff,and
others by memorializing existing policies,successful procedures,and best practices for the conduct
of business.The protocols are intended to be an instructive source of guidance so that accepted
practices are identified and documented.
The protocols are intended to be consistent with all legal requirements applicable to the conduct of
Sanitation District business.In the instance of any conflict with State or Federal law,or with the
Sanitation District Ordinances,such State,Federal or Sanitation District Ordinance will take
precedence.It is expected that the Board of Directors will renew these protocols periodically,in order
to consider appropriate additions, deletions, and/or amendments.
RELEVANT STANDARDS
·California Government Code Section 54950 et seq.
·Comply with transparency and communication requirements, including the Brown Act
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Resolution No. OC SAN 21-02
Orange County Sanitation District Printed on 2/17/2021Page 1 of 1
powered by Legistar™
OC SAN 21-02-1
RESOLUTION NO. OC SAN 21-02
A RESOLUTION OF THE BOARD OF DIRECTORS OF ORANGE COUNTY SANITATION DISTRICT ESTABLISHING BOARD OF DIRECTORS PROTOCOLS
WHEREAS it is desired to establish Protocols for the Orange County Sanitation District Board of Directors. NOW THEREFORE, the Board of Directors of the Orange County Sanitation
District DOES HEREBY RESOLVE, DETERMINE AND ORDER:
Section 1: Protocols. That the following Protocols be adopted for the Orange County Sanitation District (Sanitation District) Board of Directors: 1. PURPOSE The purpose for establishing Sanitation District Board of Directors (Director) Protocols are to provide an effective environment for the Board of Directors to provide strong leadership.
The Protocols set forth herein are not intended to limit the inherent power and general legal authority of the Board of Directors. 2. BOARD ORGANIZATION
Newly‐elected Directors will be sworn into office by the Clerk of the Board
prior to the first regular Board of Directors/Committee meeting attended
following their agency’s appointment. Immediately upon appointment, all members are subject to the provisions of the Brown Act. Newly appointed members shall not be allowed to participate in any meeting prior to being sworn in.
3. MISCELLANEOUS PROCEDURES
3.1 BOARD INTERACTION WITH OTHER PUBLIC AGENCIES
3.1.1 If a Director appears before another governmental agency or organization representing the Sanitation District, the Director should support and advocate the official Sanitation District position on an issue, not a personal viewpoint.
OC SAN 21-02-2
3.1.2 Directors should be clear about which organizations they
represent and inform the Board Chairperson and the Board of
Directors of their involvement. 3.2 BOARD INTERACTION WITH SANITATION DISTRICT STAFF
3.2.1 Requests for Staff Inquiry/Assistance
3.2.1.1 Questions for clarification, or to request additional information regarding an agenda item, should be directed to the Department Head, Assistant
General Manager, or General Manager with a copy
to the Clerk of the Board. 3.2.1.2 Directors should not direct Sanitation District staff to initiate any action, change a course of action, or any report that is significant in nature, nor should a
Director initiate any project or study without the approval of a majority of the Steering Committee. 3.2.1.3 Requests to directly contact Sanitation District or Agency consultants, contractors, or outside legal
counsel requesting information, research, or service should be directed to the General Manager. 3.3 UNDUE INFLUENCE ON SANITATION DISTRICT STAFF
3.3.1 Directors shall not attempt to influence the Sanitation District staff in the awarding of contracts, the selection of consultants, and the processing of permits during the solicitation process or prior to recommendation to the
Board of Directors. 3.3.2 Sanitation District staff may support political candidates, but all such activities must be conducted away from the workplace. Directors should not solicit any type of political
support (financial contributions, display of posters or lawn signs, name on support lists, etc.) from Sanitation District staff. 3.4 COMPLAINTS REGARDING PERFORMANCE OF STAFF
Any concerns by a member of the Board of Directors over the behavior or performance of a Sanitation District employee should be
OC SAN 21-02-3
directed to the General Manager privately for discretion and to
ensure the concern is resolved.
3.5 USE OF BOARD ROOM The Clerk of the Board is responsible for maintaining a calendar on
the use of the Board Room. Use of the Board Room by the Sanitation
District Board of Directors, Committees, and other advisory bodies shall take precedence over any other group or agency. Favorable consideration shall be given to other governmental agencies, tours, and non‐profit groups. No events of a commercial nature shall be allowed. No admission shall be charged. Regularly scheduled meetings by other agencies and groups shall be discouraged. When
a question arises regarding permission for any group to use the facility, the Administration Manager or their designee shall have authority to make the final decision. 4. COMMUNICATIONS 4.1 PROCESSING OF MAIL The Clerk of the Board shall open, and date stamp all mail addressed to the Board of Directors. Such mail shall be electronically distributed
by the Clerk of the Board to the Board Chairperson and subsequently to each Director. Correspondence addressed to the Board Chairperson which requires a response from staff shall be copied to all Directors. 4.2 COMPLAINT PROCESS All complaints directed to the Board Chairperson or the Board of Directors shall be forwarded to the General Manager and the Clerk of the Board for tracking purposes. The General Manager and Board
Chairperson shall provide direction for responding to the complaint and the Clerk of the Board will coordinate the response. 4.3 GENERAL BOARD COMMUNICATION
Directors should be aware that the insecurity of written notes,
voicemail messages, and email and text/instant messaging technology allow words written or said to be distributed without approval. All such correspondence should be treated as potentially “public” communication subject to inspection pursuant to
the California Public Records Act.
OC SAN 21-02-4
4.4 REPRESENTATION AT CEREMONIAL FUNCTIONS
The Board Chairperson shall represent the Board of Directors at ceremonial functions. Should an individual Director, other than the Board Chairperson, be asked to make a ceremonial presentation or to attend an event on behalf of the Board, the Director should redirect
the request to the Board Chairperson. The Board Chairperson may,
at their own discretion, ask another Director to represent the Sanitation District at the function. The Clerk of the Board maintains guidelines for issuing resolutions
or certificates of commendation; congratulations, recognition, and
condolences to be presented at meetings and ceremonial functions. Upon a request for acknowledgement, the Board Chairperson and the General Manager will determine if approval should be granted and notify the Clerk of the Board to proceed.
4.4 RESPONDING TO MEDIA INQUIRIES The General Manager and the Sanitation District’s Administration Manager are the official spokespersons for the Sanitation
District's position on routine and high-profile issues.
For purposes of consistency, if an individual Director is contacted by the media directly, the Director should notify and refer the media to the General Manager or Sanitation District’s
Administration Manager prior to responding directly.
Section 2: This Resolution shall become effective immediately.
PASSED AND ADOPTED at a regular meeting of the Orange County Sanitation
District Board of Directors held February 24, 2021. _______________________________
David John Shawver
Board Chairman
OC SAN 21-02-5
ATTEST:
__________________________ Kelly A. Lore, MMC Clerk of the Board
APPROVED AS TO FORM: ___________________________
Bradley R. Hogin
General Counsel
OC SAN 21-02-6
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. OC SAN 21-02 was passed and adopted at a regular meeting of said Board on the 24th day of February 2021, 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 24th day of February 2021.
Kelly A. Lore, MMC Clerk of the Board of Directors Orange County Sanitation District
STEERING COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1492 Agenda Date:2/24/2021 Agenda Item No:CS-1
FROM:James D. Herberg, General Manager
SUBJECT:
CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED LITIGATION - GOVERNMENT CODE
SECTION 54956.9(D)(4)
RECOMMENDATION: Convene in Closed Session:
Number of Potential Cases: 1
Potential initiation of eminent domain litigation regarding property owned by Bayside Village Marina
LLC.
BACKGROUND
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.
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 the Board takes
final action on any of these subjects, the minutes will reflect all required disclosures of information.
RELEVANT STANDARDS
·Government Code Sections 54956.8, 54956.9, 54957, or 54957.6, as noted
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Memoranda from General Counsel
Orange County Sanitation District Printed on 2/17/2021Page 1 of 1
powered by Legistar™
1114544.1
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C O S T A ME S A , CA 9 2 6 26-7 6 70
(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: February 16, 2021
RE: Closed Session Items
The Steering Committee desires to hold a closed session on February 24, 2021 for the
purpose of conferring with its legal counsel regarding anticipated litigation. Based on existing
facts and circumstances, the Committee is deciding whether to initiate litigation against another
party. The closed session will be held pursuant to the authority of California Government Code
Section 54956.9(d)(4).
The facts and circumstances are as follows. The District is planning to construct the Bay
Bridge Pump Station and Force Mains Rehabilitation Project. In connection with the project, the
District has prepared an environmental impact report. The adjacent property owner sent a letter
to the District dated February 2, 2021. The letter essentially threatens to file suit against the
District challenging the environmental impact report.
Respectfully submitted,
By: _________________________
Bradley R. Hogin, General Counsel
STEERING COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1494 Agenda Date:2/24/2021 Agenda Item No:CS-2
FROM:James D. Herberg, General Manager
SUBJECT:
CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED LITIGATION - GOVERNMENT CODE
SECTION 54956.9(D)(2)
RECOMMENDATION: Convene in Closed Session:
Number of Potential Cases: 1
Significant exposure to litigation:threatened CEQA litigation regarding environmental impact report
for Bay Bridge Pump Station Project.
BACKGROUND
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.
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 the Board takes
final action on any of these subjects, the minutes will reflect all required disclosures of information.
RELEVANT STANDARDS
·Government Code Sections 54956.8, 54956.9, 54957, or 54957.6, as noted
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Memoranda from General Counsel
Orange County Sanitation District Printed on 2/17/2021Page 1 of 1
powered by Legistar™
1114544.1
555 AN T O N B O U L E V A R D, SU I T E 12 0 0
C O S T A ME S A , CA 9 2 6 26-7 6 70
(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: February 16, 2021
RE: Closed Session Items
The Steering Committee desires to hold a closed session on February 24, 2021 for the
purpose of conferring with its legal counsel regarding anticipated litigation. Based on existing
facts and circumstances, the Committee is deciding whether to initiate litigation against another
party. Existing facts and circumstances reflect a significant exposure to litigation against the
District. The closed session will be held pursuant to the authority of California Government
Code Section 54956.9(d)(2).
The facts and circumstances are as follows. The District is planning to construct the Bay
Bridge Pump Station and Force Mains Rehabilitation Project. In order to construct the project,
the District must acquire certainly property and easements adjacent to the current pump station.
Negotiations with the property owner have proven unsuccessful, so the Steering Committee must
meet to consider possible initiation of an eminent domain action.
Respectfully submitted,
By: _________________________
Bradley R. Hogin, General Counsel
STEERING COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1493 Agenda Date:2/24/2021 Agenda Item No:CS-3
FROM:James D. Herberg, General Manager
SUBJECT:
CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED LITIGATION - GOVERNMENT CODE
SECTION 54956.9(D)(2)
RECOMMENDATION: Convene in Closed Session:
Number of Potential Cases: (1)
Significant exposure to litigation: Claim of Raul Palazuelos.
BACKGROUND
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.
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 the Board takes
final action on any of these subjects, the minutes will reflect all required disclosures of information.
RELEVANT STANDARDS
·Government Code Sections 54956.8, 54956.9, 54957, or 54957.6, as noted
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Memoranda from General Counsel
Orange County Sanitation District Printed on 2/17/2021Page 1 of 1
powered by Legistar™
1114544.1
555 AN T O N B O U L E V A R D, SU I T E 12 0 0
C O S T A ME S A , CA 9 2 6 26-7 6 70
(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: February 16, 2021
RE: Closed Session Items
The Steering Committee desires to hold a closed session on February 24, 2021 for the
purpose of conferring with its legal counsel regarding anticipated litigation. Based on existing
facts and circumstances, the Committee is deciding whether to initiate litigation against another
party. Existing facts and circumstances reflect a significant exposure to litigation against the
District. The closed session will be held pursuant to the authority of California Government
Code Section 54956.9(d)(2).
The facts and circumstances are as follows. On January 19, 2021, the District received a
claim from Raul Palazuelo, a district employee. Mr. Palazuelos’s claim seeks damages and
asserts causes of action for racial discrimination; racial harassment; retaliation for reporting
discrimination and harassment; and failure to prevent harassment, discrimination and retaliation
in violation of the Fair Employment and Housing Act (Government Code sections 12940 et seq.)
(“FEHA”). Also asserted is a claim for violation of Labor Code section 1102.5 which is
California’s whistleblower protection statute.
Respectfully submitted,
By: _________________________
Bradley R. Hogin, General Counsel
ORANGE COUNTY SANITATION DISTRICT
COMMON ACRONYMS
ACWA Association of California
Water Agencies LOS Level Of Service RFP Request For Proposal
APWA American Public Works
Association MGD Million Gallons Per Day RWQCB Regional Water Quality
Control Board
AQMD Air Quality Management
District MOU Memorandum of
Understanding SARFPA Santa Ana River Flood
Protection Agency
ASCE American Society of Civil Engineers NACWA National Association of Clean Water Agencies SARI Santa Ana River Interceptor
BOD Biochemical Oxygen Demand NEPA National Environmental Policy
Act SARWQCB Santa Ana Regional Water
Quality Control Board
CARB California Air Resources
Board NGOs Non-Governmental
Organizations SAWPA Santa Ana Watershed
Project Authority
CASA California Association of
Sanitation Agencies NPDES National Pollutant Discharge
Elimination System SCADA Supervisory Control And
Data Acquisition
CCTV Closed Circuit Television NWRI National Water Research
Institute SCAP
Southern California
Alliance of Publicly Owned Treatment Works
CEQA California Environmental
Quality Act O & M Operations & Maintenance SCAQMD South Coast Air Quality
Management District
CIP Capital Improvement
Program OCCOG Orange County Council of
Governments SOCWA South Orange County
Wastewater Authority
CRWQCB California Regional Water
Quality Control Board OCHCA Orange County Health Care
Agency SRF Clean Water State
Revolving Fund
CWA Clean Water Act OCSD Orange County Sanitation District SSMP Sewer System Management Plan
CWEA California Water Environment Association OCWD Orange County Water District SSO Sanitary Sewer Overflow
EIR Environmental Impact Report OOBS Ocean Outfall Booster Station SWRCB State Water Resources
Control Board
EMT Executive Management Team OSHA Occupational Safety and
Health Administration TDS Total Dissolved Solids
EPA US Environmental Protection Agency PCSA
Professional
Consultant/Construction
Services Agreement
TMDL Total Maximum Daily Load
FOG Fats, Oils, and Grease PDSA Professional Design Services
Agreement TSS Total Suspended Solids
gpd gallons per day PFAS
Per- and Polyfluoroalkyl
Substances WDR Waste Discharge
Requirements
GWRS Groundwater Replenishment
System PFOA Perfluorooctanoic Acid WEF Water Environment
Federation
ICS Incident Command System PFOS Perfluorooctanesulfonic Acid WERF Water Environment & Reuse Foundation
IERP Integrated Emergency
Response Plan POTW Publicly Owned Treatment
Works WIFIA Water Infrastructure
Finance and Innovation Act
JPA Joint Powers Authority ppm parts per million WIIN Water Infrastructure Improvements for the
Nation Act
LAFCO Local Agency Formation
Commission PSA Professional Services
Agreement 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) – A joint 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 OCSD 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 GWRS
process and is eliminated using hydrogen peroxide with extra ultra-violet treatment.
NATIONAL BIOSOLIDS PARTNERSHIP (NBP) – An alliance of the NACWA and WEF, with advisory support from the EPA. 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.
PER- AND POLYFLUOROALKYL SUBSTANCES (PFAS) – A large group (over 6,000) of human-made compounds that are resistant to heat, water, and oil and used for a variety of applications including firefighting foam, stain and water-resistant clothing, cosmetics, and food packaging. Two PFAS compounds, perfluorooctanesulfonic acid (PFOS) and perfluorooctanoic acid (PFOA) have been the focus of increasing regulatory scrutiny in drinking water and may result in adverse health effects including developmental effects to fetuses during pregnancy, cancer, liver damage, immunosuppression, thyroid effects, and other effects.
PERFLUOROOCTANOIC ACID (PFOA) – An ingredient for several industrial applications including carpeting, upholstery, apparel, floor wax, textiles, sealants, food packaging, and cookware (Teflon).
PERFLUOROOCTANESULFONIC ACID (PFOS) – A key ingredient in Scotchgard, a fabric protector made by 3M, and used in numerous stain repellents.
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.
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.
ORANGE COUNTY SANITATION DISTRICT
GLOSSARY OF TERMS
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. OCSD’s service area is in the Santa Ana River Watershed.