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HomeMy WebLinkAbout2010-01-19 - Executive-Administrative-Organizational Committee Meeting Agenda Packet 'rb Linda Water District AGENDA YORBA LINDA WATER DISTRICT EXEC-ADMIN-ORGANIZATIONAL COMMITTEE MEETING Tuesday, January 19, 2010, 4:00 PM 1717 E Miraloma Ave, Placentia CA 92870 COMMITTEE STAFF Director William R. Mills, Chair Ken Vecchiarelli, General Manager Director Michael J. Beverage Pat Grady, Assistant General Manager 1. PUBLIC COMMENTS Any individual wishing to address the committee is requested to identify themselves and state the matter on which they wish to comment. If the matter is on this agenda, the committee Chair will recognize the individual for their comment when the item is considered. No action will be taken on matters not listed on this agenda. Comments are limited to matters of public interest and matters within the jurisdiction of the Water District. Comments are limited to five minutes. 2. ACTION CALENDAR This portion of the agenda is for items where staff presentations and committee discussions are needed prior to formal committee action. 2.1. OCWD Annexation - Draft Memorandum of Understanding Recommendation: That the Committee review and discuss the draft Memorandum of Understanding and recommend its approval to the Board of Directors, pending approval as to form by General Counsel, and providing no substantive changes are made to the final document except revisions to exclude references related to the City of Anaheim, if the City is not prepared to move forward at this time. 2.2. Records Retention Schedule Update Recommendation: That the Committee recommend the Board of Directors adopt Resolution No. 10-01 Adopting a Records Retention Schedule and Authorizing Destruction of Certain District Records, pending approval as to form by General Counsel. 2.3. ACWA/JPIA 2010 Executive Committee Election Recommendation: If Director Mills is interested in serving on the ACWA/JPIA Executive Committee, that the Committee recommend adoption of a supporting resolution and authorize staff to solicit supporting resolutions from additional ACWA/JPIA member agencies. 3. DISCUSSION ITEMS This portion of the agenda is for matters such as technical presentations, drafts of proposed policies, or similar items for which staff is seeking the advice and counsel of the Committee members. This portion of the agenda may also include items for information only. 3.1. Vacancy on the Board of Directors (Verbal Report) 3.2. City of Yorba Linda and City of Placentia Sewers (Verbal Report) 3.3. General Counsel's Monthly Summary Billing Report 3.4. Future Agenda Items and Staff Tasks 4. ADJOURNMENT 4.1. The next regular meeting of the Executive-Administrative-Organizational Committee will be held February 16, 2010 at 4:00 p.m. Items Distributed to the Committee Less Than 72 Hours Prior to the Meeting Pursuant to Government Code section 54957.5, non-exempt public records that relate to open session agenda items and are distributed to a majority of the Committee less than seventy-two (72) hours prior to the meeting will be available for public inspection in the lobby of the District's business office located at 1717 E. Miraloma Avenue, Placentia, CA 92870, during regular business hours. When practical, these public records will also be made available on the District's internet website accessible at http://www.ylwd.com/. Accommodations for the Disabled Any person may make a request for a disability-related modification or accommodation needed for that person to be able to participate in the public meeting by telephoning the Executive Secretary at 714-701-3020, or writing to Yorba Linda Water District, P.O. Box 309, Yorba Linda, CA 92885-0309. Requests must specify the nature of the disability and the type of accommodation requested. A telephone number or other contact information should be included so the District staff may discuss appropriate arrangements. Persons requesting a disability-related accommodation should make the request with adequate time before the meeting for the District to provide the requested accommodation. ITEM NO. 2.1 AGENDA REPORT Meeting Date: January 19, 2010 To: Executive-Administrative- Cost Estimate: $250,000 Organizational Committee Funding Source: All Water Funds From: Ken Vecchiarelli, General Manager Presented By: Ken Vecchiarelli, General Dept: Administration Manager Reviewed by Legal: Yes Prepared By: Ken Vecchiarelli, General Manager Subject: OCWD Annexation - Draft Memorandum of Understanding SUMMARY: Orange County Water District has prepared a Memorandum of Understanding (MOU) in response to YLWD's request for annexation. The MOU defines the responsibilities of the parties of interest, the terms for processing the annexation and for financing and developing the supporting documentation to satisfy requirements of the California Environmental Quality Act (CEQA). The governing bodies of the participating agencies must approve the MOU in order to proceed with the annexation. STAFF RECOMMENDATION: That the Committee review and discuss the draft Memorandum of Understanding and recommend its approval to the Board of Directors, pending approval as to form by General Counsel, and providing no substantive changes are made to the final document except revisions to exclude references related to the City of Anaheim, if the City is not prepared to move forward at this time. DISCUSSION: On October 16, 2009, YLWD staff delivered a formal request to Orange County Water District (OCWD) to annex the remainder of its service area to OCWD. Currently, approximately 25% of the District's service area falls outside of the OCWD boundaries, including portions of Improvement District (ID) No. 1, all of ID No. 2 and areas annexed to YLWD in the past ten years such as the Pulte Development, the Shapell Property and the new YL High School. Existing developments in the areas currently outside OCWD boundaries are 100% reliant on imported water sources. Annexing to OCWD allows the District access to additional groundwater resources throughout its entire service area. YLWD has invested millions of dollars worth of infrastructure to improve its system reliability. Access to additional groundwater resources is an important part of this reliability plan. The attached Memorandum of Understanding (MOU) was prepared by OCWD staff and legal counsel and is consistent with MOU's used for prior annexations to their service boundary. The agreement defines OCWD as the lead agency for the project with financing of CEQA compliance documents to be funded by the annexing agency or agencies proportionately to their ultimate demands in the annexing areas. The MOU also identifies the requirement of the annexing agency (ies) to defend any challenges to the CEQA findings and to pay for any mitigating measures identified by the CEQA process. The draft MOU is written to include the City of Anaheim's past annexation request, the MOU for which recently expired. However, the City has not declared their intent officially to move forward with their annexation at this time. OCWD is prepared to modify the MOU accordingly and continue to move forward with YLWD's request if Anaheim does not officially declare their intent to move forward within this month. PRIOR RELEVANT BOARD ACTION(S): The Board of Directors has directed staff to move forward with the OCWD annexations. ATTACHMENTS: ascription: Type: YLWD and Anaheim Annexation MOU November 2009.DOC `'OU - Annexation to OCWD Backup Material MEMORANDUM OF UNDERSTANDING BETWEEN ORANGE COUNTY WATER DISTRICT, CITY OF ANAHEIM, AND YORBA LINDA WATER DISTRICT REGARDING PROCESSING AND CONSIDERATION OF ANNEXATION REQUESTS AND ASSOCIATED CEQA DOCUMENTATION THIS MEMORANDUM OF UNDERSTANDING (hereinafter referred to as the "MOU") is entered into as of this day of February 2010, by and between the ORANGE COUNTY WATER DISTRICT, a special governmental district organized and existing pursuant to the Orange County Water District Act, Chapter 924 of the California Statutes of 1933, as amended (hereinafter referred to as "OCWD"), the CITY OF ANAHEIM, a charter municipal corporation (hereinafter referred to as "City"), and the YORBALINDA WATER DISTRICT, a special governmental district formed under the County Water District Law, Water Code section 30000, et seq. (hereinafter referred to as "YLWD"). RECITALS A. OCWD's Resolution No. 86-2-15 adopted on February 19, 1986, and affirmed by Motion No. 99-107 set forth in the minutes of June 2, 1999, a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference (the "Policy"), provides for the annexation of territory that is within the boundaries of long-term producers within OCWD, within the Santa Ana River Watershed and the boundaries of the Metropolitan Water District of Southern California, subject to the payment of an annexation fee calculated under a formula specified therein, for the purpose of providing uniformity of cost and access throughout the lands within OCWD's jurisdictional boundaries. B. By letter dated October 16, 2009, YLWD filed a formal request to annex certain territory within the service boundaries of YLWD and depicted in Exhibit "B" hereto to OCWD (such request is hereinafter referred to as the "YLWD Annexation Request," and such territory is referred to as the "YLWD Territory"). By letter dated , 2009, the City filed a formal request to annex certain territory within its municipal boundaries, as depicted in Exhibit "C" hereto, to OCWD I (such request is hereinafter referred to as the "City Annexation Request," and such territory is hereinafter referred to as the "City Territory"). (The YLWD Annexation Request and the City Annexation Request are hereinafter collectively referred to as the "Project"). C. OCWD has undertaken a preliminary review of the YLWD Annexation Request and the City Annexation Request and determined that the YLWD Territory and the City Territory each satisfies the Policy's criteria for annexation of such territory to OCWD. D. The parties mutually desire that OCWD process the YLWD Annexation Request and the City Annexation Request, and set forth in this MOU the terms, conditions and understandings governing the processing of the Project and OCWD's consideration whether to initiate one or more annexations. Each of the parties desires to reserve its respective discretion during the term of the MOU to decide whether it desires to continue with the cooperative process as contemplated herein. E. The parties mutually agree that the Project constitutes a "project" for purposes of the California Environmental Quality Act, Public Resources Code section 21000, et seq. ("CEQA') and they have determined that OCWD should be the CEQA lead agency for the preparation, processing and certification of the document required under CEQA for the Project ("CEQA Documentation"). YLWD and City agree to pay the consultant costs necessary to prepare and process the CEQA Documentation and the costs for any identified mitigation measures, as set forth in this MOU. 2 EXECUTORY AGREEMENTS NOW, THEREFORE, in consideration of the matters recited above and the covenants, conditions and promises contained herein, the parties agree as follows: SECTION 1: Intent. The parties believe that undertaking the process provided for in this MOU will be in the best interest of promoting consensus among the parties and other interested agencies in accomplishing the planning and annexation activities described herein, but do not hereby intend to relinquish any legal rights except to the extent expressly stated herein. SECTION 2: Proiect Review. 2.1 Lead Agency. OCWD shall be the CEQA lead agency for the preparation, processing and certification of CEQA Documentation, and for the consideration of initiation of the City Territory and the YLWD Territory to OCWD, as described in this MOU. 2.2 Responsible Agency. The Project includes discretionary approvals by City and YLWD in addition to OCWD's consideration of the Project as the lead agency. City and YLWD shall be CEQA responsible agencies for the preparation, processing and certification of the CEQA Documentation, as described in this MOU. As the lead agency, OCWD shall contract with and manage consultants to prepare and process the CEQA Documentation. OCWD shall consult with City and YLWD and provide City and YLWD with an opportunity to review and provide input on each major substantive step involving direction by OCWD to OCWD's consultants regarding the 3 Project, including, but not limited to, consultant and supporting technical consultant selection (however City and YLWD shall have a right to review the supporting technical consultant selection only if OCWD is involved in the selection of the supporting technical consultant(s)); scoping; any partially-complete administrative review drafts required of a consultant; screen check review drafts; draft responses to comments; draft mitigation measures and monitoring plans; and draft findings. 2.3 Scope of Review. The parties intend that the CEQA Documentation shall cover the proposed initiation, processing, approval and implementation of the annexation of the YLWD Territory and the City Territory to OCWD, and shall be used by other agencies in connection with their review and action on the Project, including but not limited to the Orange County Local Agency Formation Commission ("LAFCO") in the event that proceedings are initiated to annex the YLWD Territory or the City Territory to OCWD. SECTION 3: Responsibilities of Parties. 3.1 OCWD's Responsibilities. 3. 1.1 OCWD will prepare the CEQA Documentation to evaluate the potential environmental impacts of the Proj ect comprising the annexation of the YLWD Territory and the City Territory to OCWD in accordance with the YLWD Annexation Request and the City Annexation Request. 3.1.3 Technical Assistance. At no cost to City and YLWD other than as set forth in this MOU, OCWD will provide technical assistance requested by City and YLWD (including groundwater modeling) to support OCWD's processing of the CEQA Documentation and the Project, 4 and City and YLWD's CEQA clearance on their own future production facilities if any, to serve their respective territories covered by the Project. 3.2 City and YLWD Responsibilities. 3.2.1. Within 90 days of the date of this MOU, the City and YLWD will notify OCWD of the location, proposed depth(s) and capacity of future groundwater production facilities (or, if no new groundwater production facilities are planned, the identity and planned production level of any existing groundwater production facilities) to support, respectively, the City Territory and the YLWD Territory. 3.2.2. At no cost to OCWD other than as set forth in this MOU, City and YLWD will cooperate with OCWD in any data collection relating to City and YLWD's respective future groundwater production needs, that OCWD may determine necessary for the preparation and processing of the CEQA Documentation or OCWD's consideration of the Project. SECTION 4: Costs. 4.1 CEQA Documentation. The cost of preparing, processing and certifying or adopting the CEQA Documentation, for purposes of this Section, shall be the direct cost (fees and out of pocket expenses) incurred by OCWD in retaining consultants to prepare the documents and supporting technical studies, responses to comments, attendance at meetings, and related activities normally associated with the preparation, processing and certification of CEQA documentation. (collectively, "Consultant Costs"). City and YLWD agree that OCWD shall not be responsible for any of the Consultant Costs; and City and YLWD agree to pay their percentage of the Consultant 5 Costs as shown below which is based upon the estimated ultimate total water demands from the City Territory and the YLWD territory (the "Allocation"): Agency Ultimate Water Cost Demands Share city 2,735 afy 32.0% YLWD 5,800 afy 68.0% Totals 8,535 afy 100.0% OCWD shall transmit Consultant Cost invoices to City and YLWD on a periodic basis. City and YLWD shall each pay its share of each such invoice to OCWD, based upon the Allocation, within 30 days of the date of such invoice. OCWD, City and YLWD shall each bear its own staff, administrative, overhead, legal and other costs incurred in preparing or supporting the preparation, processing and certification of the CEQA Documentation. 4.2 CEQA Mitigation Cost. City and YLWD shall be solely responsible for funding any and all mitigation cost identified by the CEQADocumentation certified or adopted by OCWD, based upon the Allocation, (unless mitigation measures can be individually identified and assigned by OCWD), or unless City and/or YLWD decides to terminate this MOU in accordance with Section 7. SECTION 5: Indemnification. 5.1 Legal Challenge to CEQADocument Preparation. City and YLWD shall each defend (with counsel approved by OCWD), indemnify and hold OCWD harmless from any costs or liabilities, including attorneys' and consultants' fees, incurred by OCWD in connection with (i) any legal challenge to the adequacy or validity of the CEQA Documentation, OCWD's certification or 6 adoption of the CEQA Documentation and any associated findings or statements adopted by OCWD, or OCWD's actions with respect to initiating annexation to OCWD of the YLWD Territory and/or the City Territory, (ii) any appeals filed against OCWD regarding the matters described in clause (i) above, and (iii) preparing, processing and certifying any subsequent or supplemental CEQA Documentation in response to orders or other judicial determinations issued in the matters described in clause (i) above (collectively, "Challenges") based upon the Allocation set forth in Section 4.1. Notwithstanding the foregoing, If OCWD determines based upon the allegations in the Challenge that any Challenge is specifically directed against only City or YLWD (but not both of them), then that agency shall be solely responsible for all of the costs and liabilities relating to that Challenge. 5.2 Assistance and Cooperation in Litigation. City and YLWD shall cooperate and provide any assistance requested by OCWD in defending against a Challenge. Nothing in this MOU precludes City and/or YLWD, at its own cost, either from defending its interests in any Challenge to which City and/or YLWD is/are j oined, or from intervening in a Challenge to defend its interests. In the event that City and/or YLWD directly participate in a Challenge, OCWD, City and/or YLWD shall cooperate in good faith with each other in the defense of the Challenge. 5.3 Survival of Indemnity Obligations: The provisions of this Section 5 shall survive the expiration or earlier termination of this MOU. SECTION 6: Processing the Project 6.1 Annexation Agreement. Upon completion and certification or adoption of the CEQA Documentation, OCWD, City and YLWD shall prepare and consider approving and executing an annexation agreement based upon the terms and conditions listed in Exhibit D, "Annexation Agreement Terms". 6.2 Annexation Terms. It is the intent of the parties to reach agreement as to the Annexation Agreement Terms, to be set forth in a resolution of application to be considered and adopted by OCWD and filed with LAFCO to initiate proceedings to annex the YLWD Territory and the City Territory. 6.3 Parties' Discretion. Notwithstanding any other provision of this MOU, each party retains the full right and discretion whether (a) to certify or adopt the CEQA Documentation, to approve the Annexation Agreement, (c) to agree to the Annexation Agreement Terms, or (d) to initiate (or support the initiation of) the annexation of either the YLWD Territory or the City Territory to OCWD. SECTION 7: Term and Termination of MOU. 7.1 Term. This MOU shall continue and remain in effect until the earlier of (a) the filing by OCWD of an application with LAFCO for the annexation of the YLWD Territory and the Anaheim Territory to OCWD, or (b) December 31, 2013. 7.2 Termination. If any party desires to terminate the MOU, it may do so by giving thirty (30) days written notice thereof to each of the other parties. Notice of termination will be effective at the conclusion of such 30 days; provided, however, that City and YLWD shall remain responsible for their Challenges Costs (Per Section 5.1) incurred through the effective date of termination. Should City or YLWD decide to terminate the MOU, the remaining (non-terminating) agency and OCWD shall meet and confer and j ointly determine if the work contemplated with this MOU should continue and, if so, process an amendment to this MOU or a new memorandum of understanding. SECTION 8: Notice. Any notice or other written instrument required or permitted by this MOU to be given to any party shall be deemed received when personally delivered or twenty-four (24) hours after being deposited in the U.S. Mail, postage prepaid, registered or certified and addressed as follows: OCWD: Orange County Water District 10500 Ellis Avenue P.O. Box 8300 Fountain Valley, California 92728-8300 Attn: General Manager YLWD: Yorba Linda Water District General Manager P.O. Box 309 Yorba Linda, California 92885-0309 CITY City of Anaheim P.O. Box 3222 Anaheim CA Attn: Assistant General Manager Water Services SECTION 9: MISCELLANEOUS 9.1 Construction and Interpretation. This MOU shall be governed by the laws of the State of California, and construed as if drafted jointly by OCWD, City and YLWD. 9.2 Entire Agreement, Amendment. This MOU represents the entire understanding of OCWD, City and YLWD as to those matters contained herein, and no prior oral or written understanding shall be of any force or effect with respect to those matters covered by this MOU. This MOU may not be modified, altered or amended except in writing signed by OCWD, City and YLWD. IN WITNESS WHEREOF, the parties hereto have executed this MOU on the day and year first hereinabove written. ORANGE COUNTY WATER DISTRICT By Board President By General Manager APPROVED AS TO FORM: General Counsel - OCWD YORBA LINDA WATER DISTRICT By: Board President By: General Manager APPROVED AS TO FORM: General Counsel - YLWD CITY OF ANAHEIM By: Mayor By: City Manager APPROVED AS TO FORM City Attorney Exhibit A YLWD Annexation Request Exhibit B City Annexation Request Exhibit C RESOLUTION NO. 86-2-15 RESOLUTION OF THE BOARD OF DIRECTORS OF THE ORANGE COUNTY WATER DISTRICT ADOPTING POLICY REGARDING ANNEXATIONS TO THE DISTRICT WHEREAS, by Resolution No. 85-2-17, this Board adopted its policy regarding annexations to the District; and WHEREAS, the Board of Directors desires to amend its policy on such annexations; NOW, THEREFORE, the Board of Directors of the Orange County Water District does hereby resolve as follows: Section 1: It shall be the policy of the Orange County Water District to accommodate the long- term producers within the District's groundwater management programs and provide uniformity of cost of and access to groundwater throughout the District by consenting to requests for annexation of areas within the Orange County portion of the Santa Ana River watershed, provided that the annexing territory is within the boundaries of The Metropolitan Water District of Southern California. Section 2: Prior to annexation, an agreement shall be entered into between the District and the applicable water purveying agency providing for payment to the District of an annual annexation charge calculated by the following formula: X=AxBxCxE D Where X = Annexation Charge A = Current year's Basin Production Percentage B = Current year's total water demand within annexed territory or 10% of ultimate annual total water demand within annexed territory, whichever is greater C = Current year's ad valorem income D - Current year's total groundwater production E - Applicable percentage (determined from following table): % Groundwater Used Within Service Area of Annexing Purveyor Applicable 0.0 - 5.99 10% 6.0 - 9.99 16% 10.0 - 14.99 25% 15.0 - 19.99 30% 20.0 - 24.99 40% 25.0 - 29.99 48% 30.0 - 34.99 55% 35.0 - 39.99 64% 40.0 - 44.99 72% 45.0 - 49.00 80% 50.0 - 100.00 100% Section 3: Said agreement shall provide for the payment of annexation processing costs as follows: The water purveying agency shall be solely responsible for: a) all direct costs and fees imposed or required by any governmental body or agency having jurisdiction over the processing and completion of the annexation of the subject territory to OCWD; and b) preparing any legal descriptions, boundary surveys or maps required for the processing and completion of such annexation. Section 4: The staff of the District is authorized and directed to draft pre-annexation agreements with entities which have requested annexation to the District and which meet the above- described criteria. Section 5: Resolution No. 85-2-17 is rescinded. Exhibit D Annexation Agreement Terms 1. City and YLWD agree to prepare legal descriptions of their respective annexation areas. 2. City and YLWD each agree to pay the annual OCWD annexation fee as calculated in Exhibit A with respect to the City Territory and the YLWD Territory, assuming LAFCO approves the annexation requests. 3. If the parties enter into the Annexation Agreement, OCWD shall submit an annexation application to LAFCO. City and YLWD shall jointly submit supporting resolutions to LAFCO. 4. Because OCWD may lose all or a portion of its property tax revenue in the future, Item "C" in the annexation formula in Exhibit A will be the higher of $19.0 million (The current FY2008-09 property tax revenues) or the actual property tax revenues collected. 5. City and YLWD shall be responsible for all costs and fees imposed by LAFCO to consider their annexations, and OCWD shall have no responsibility for such costs. ITEM NO. 2.2 AGENDA REPORT Meeting Date: January 19, 2010 Budgeted: N/A Total Budget: N/A To: Executive-Administrative- Cost Estimate: N/A Organizational Committee Funding Source: N/A From: Ken Vecchiarelli, General Account No: N/A Manager Job No: N/A Presented By: Pat Grady, Assistant General Dept: Administration Manager Reviewed by Legal: No Prepared By: Annie Alexander, Executive CEQA Compliance: N/A Secretary Subject: Records Retention Schedule Update SUMMARY: The District's current Records Retention Schedule has not been updated since 1995. Staff is working with a consultant to update and improve the District's Records Retention Schedules for each department. The adoption of these new retention schedules will ensure the District is in compliance with the latest laws regarding records retention. STAFF RECOMMENDATION: That the Committee recommend the Board of Directors adopt Resolution No. 10-01 Adopting a Records Retention Schedule and Authorizing Destruction of Certain District Records, pending approval as to form by General Counsel. DISCUSSION: Staff selected Diane Gladwell of Gladwell Governmental Services, Inc., an expert in special district records, to develop a comprehensive records retention schedule for the District. Ms. Gladwell has assisted over 100 California municipal governments with their records management, records retention and/or document imaging programs, including many special districts. The main focus of Ms. Gladwell's services were to ensure that retention periods reflected changes in law (including AB 474), reduce current and future records storage costs, eliminate duplication of effort, increase efficiency and take advantage of current technology. All departments participated in the review process and the proposed schedules include clear, specific record descriptions and retention periods and apply current law and technology to the management of District records. By identifying which department is responsible for maintaining the original record and establishing clear retention periods for different categories of records, the District will realize significant savings in labor and storage costs, as well as increased operational efficiencies. Attached for your review is the proposed resolution including excerpts of the updated schedule. To receive a complete copy of the schedule if desired, please contact the Executive Secretary. The proposed resolution and updated schedule will be forwarded to General Counsel for review prior to presentation to the Board for their consideration in February. PRIOR RELEVANT BOARD ACTION(S): The District's current Records Retention Schedule (Resolution No. 95-04) was adopted by the Board on March 23, 1995. This item was also discussed at the Executive-Administrative- Organizational Committee meeting held on December 14, 2009. ATTACHMENTS: Resolution 10-01.doc 'resolution No 10-01 Resolution RR Schedule Excerpts.pdf Schedule Excerpts Backup Material RESOLUTION NO. 10-01 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT ADOPTING A RECORDS RETENTION SCHEDULE AND AUTHORIZING DESTRUCTION OF CERTAIN DISTRICT RECORDS AND RESCINDING RESOLUTION NO. 95-04 WHEREAS, the maintenance of numerous records is expensive, slows document retrieval, and is not necessary after a certain period of time for the effective and efficient operations of the Yorba Linda Water District; and WHEREAS, Section 60200 of the California Government Code provides that the legislative body of a special district may authorize at any time the destruction or disposition of any duplicate record, paper, or document, the original or a permanent photographic records of which is in the files of any officer or department of the District; and WHEREAS, Section 60201 of the California Government Code is amended effective January 1, 2005 to provide that District records which have served their purpose, which are not expressly required by law to be filed and preserved, and which will not adversely affect any interest of the District or public may be destroyed; and WHEREAS, the District has a procedure to maintain a list of the types of records destroyed or disposed of that reasonably identifies the information contained in the records in each category. NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba Linda Water District as follows: Section 1. The Board of Directors finds that the destruction or disposition of the records series that have exceeded the retention periods as set forth in the Records Retention Schedule "Exhibit A", attached hereto and incorporated herein by this reference, will not adversely affect any interest of the District or the public. Section 2. The records of the District, as set forth in the Records Retention Schedule "Exhibit A", are hereby authorized to be destroyed as provided by Section 60201 et seq. of the California Government Code and in accordance with the provision of said schedule in accordance with District policies and procedures, without further action by the Board of Directors of the District. Section 3. With the consent of District Counsel and General Manager, updates are hereby authorized to be made to the Records Retention Schedules without further action by the Board of Directors of the District. Resolution No. 10-01 Adopting a Records Retention Schedule and Authorizing Destruction of Certain District Records 1 Section 4. The term "records" as used herein shall include documents, instructions, books, microforms, electronic files, magnetic tape, optical media, or papers; as defined by the California Public Records Act. Section 5. This resolution shall become effective immediately upon its passage and adoption. Section 6. That Resolution No. 95-04 is hereby rescinded. PASSED AND ADOPTED this _ day of February 2010, by the following called vote: AYES: NOES: ABSTAIN: ABSENT: William R. Mills, President Yorba Linda Water District ATTEST: Ken Vecchiarelli, Secretary Yorba Linda Water District Reviewed as to form by General Counsel: Arthur G. Kidman, Esq. McCormick, Kidman & Behrens Resolution No. 10-01 Adopting a Records Retention Schedule and Authorizing Destruction of Certain District Records 2 PLEASE CONTACT YLWD RECORDS DIVISION FOR THIS ATTACHMENT (714) 701-3101 records@ylwd.com RECORDS RETENTION SCHEDULE LEGEND ©1995-2009 Gladwell Governmental Services,Inc.(909)337-3516-all rights reserved Do not duplicate or distribute without prior written permission OFR (Office of Record): The department that keeps the original or"record copy." Usually it is the department that originates the record, unless the item is for a Board of Directors meeting (then it is the District Secretary.) "Lead Depart." refers to the division or department that maintains the original of a record where the records series is common to many departments (e.g. correspondence.) Classification: The method of filing and retrieving records (File Number). This number may be tied into other systems to ensure accuracy. Records Description/ Folder Subject: The record series (a group of like records). "Records"shall include documents, instructions, books, microforms, electronic files, magnetic tape, optical media, or papers; as defined by the California Public Records Act. Transitory Records not retained in the ordinary course of business: Preliminary drafts, notes, or interagency or intra-agency memoranda and records having only transitory value. Examples: Telephone messages, meeting room reservation schedules, logs, source records entered into a computer system that qualifies as a "trusted system", etc. Retention/Disposition: Active: How long the file remains in the immediate office area Inactive: How long the file is in off-site storage, stored on Optical Disk or Microforms Total Retention: The total number of years the record will be retained For file folders containing documents with different retention timeframes, use the document with the longest retention time. P = Permanent Indefinite = No fixed or specified retention period; used for databases, because the data fields are interrelated. Vital? = Those records that are needed for basic operations in the event of a disaster. Media Options: The form of the record - Mag = Computer Magnetic Media (hard drive, disks, tapes, etc.) Mfr= Microforms (aperture cards, microfilm, microfiche, or jackets) Ppr = Paper OD = Optical Disk, CD, DVD or other media which does not allow changes Scan/ Import: "S" indicates the record should be scanned into the document imaging system; "I" indicates the record should be electronically imported into the document imaging system; "M" indicates the record should be microfilmed Destroy Paper after Imaged & QC'd: QC'd=Quality Checked. "Yes" indicates the paper version may be destroyed if the document has been imaged (microfilmed, scanned or imported onto Optical Disk—CD-R, WORM or DVD-R), and then each page Quality Checked ("QC'd"). Legend for legal citations (§: Section) CC: Civil Code (CA) CFC: California Fire Code EVC: Evidence Code (CA) FTB: Franchise Tax Board (CA) HUD: Housing & Urban Develop. (US) PC: Penal Code (CA) UBC: Uniform Building Code USC: United States Code (US) WC: Water Code (CA) B&P: Business& Professions Code (CA) CCP: Code of Civil Procedure (CA) CFR: Code of Federal Regulations (US) FA: Food&Agriculture Code GC: Government Code (CA) LC: Labor Code (CA) R&T: Revenue&Taxation Code (CA) UFC: Uniform Fire Code VC: Vehicle Code (CA) CBC: California Building Code CCR: California Code of Regulations (CA) EC: Elections Code (CA) FC: Family Code (CA) H&S: Health & Safety Code (CA) Ops. Atty. Gen.: Attorney General Opinions (CA) UAC: Uniform Administrative Code UPC: Uniform Plumbing Code W&I: Welfare& Institutions Code (CA) Ver. 3.0 RECORDS RETENTION SCHEDULE: GENERAL MANAGER / SECRETARY TO THE BOARD Page GM-1 Office of Retention No. Records Description Retention/Disposition Comments/Reference Record Inactive Image: Destroy (OFR) Active (Off-site Total Vital? Media I=Import Paper after (in office) OD or Mfr) Retention Options M=Mfr Imaged & If the record is not listed here refer to the Retention for District-Wide Standards. Retentions begin when the act is completed, and imply a full file folder(e.g. last document+2 years), since destruction is normally performed by file folder. Litigation, complaints, claims,public records act requests, audits, and/or investigations sus end normal retention periods retention begins after settlement or completion). General Agendas &Agenda Packets - Manager/ District Board of Directors, Yes: Before Mag, Mfr, Yes: After Department preference; GC Secretary Subcommittees of the Board P P Meeting OD, Ppr S 2 years §60201 to the (Includes Agenda Staff Reports, Date Board Annotated Agendas, etc.) When No General When No Manager/ Association Records (external Longer Longer Mag, Ppr Non-records; GC §60201 et seq. Secretary associations -e.g., ACWA, etc.) Required Required> to the General Yes: Before Manager/ Closed Session Agenda/ 2 years 2 years ' ' Meeting Mag, Mfr, S Yes: After Department preference; GC Secretary Memoranda/Minutes Date OD, Ppr 2 years §60201 to the General Manager/ Committees-Subcommittees of 2 years 2 years ' ' Mag, Ppr Department preference; GC Secretary the Board §60201 to the General Manager/ Copyrights/Patents P P Yes Mag, Mfr, S No Department preference; GC Secretary OD, Ppr §60201 to the When No ; General When No Manager/ Correspondence and Safety Longer Longer Department preference; GC Secretary Certificates Required- Required- Mag, Ppr §60201 to the Minimum 2 Minimum 2> Board vears years General Manager/ District Formation Records P P Mag, Ppr Department preference (historical Secretary purposes); GC §60201 to the YORBA LINDA WATER DISTRICT ©1995-2009 Gladwell Governmental Services, Inc. -all rights reserved Do not duplicate or distribute without prior written consent 909.337.3516 Adopted: Ver. 3.0 RECORDS RETENTION SCHEDULE: ENGINEERING Page E-1 Office of Retention No. Records Description Retention/Disposition Comments/Reference Record Image: Destroy Inactive Paper Active Total Media I=Import (OFR) (in office) (Off-site, Retention Vital? Options M=Mfr after OD or Mfr) S=Scan Imaged & If the record is not listed here refer to the Retention for District-Wide Standards. Retentions begin when the act is completed, and imply a full file folder(e.g. last document+2 years), since destruction is normally performed by file folder. Litigation, complaints, claims,public records act requests, audits, and/or investigations suspend normal retention periods retention begins after settlement or completion). ADMINISTRATION When No When No District preference;some Engineering Correspondence with Regulatory Longer Longer Yes: While correspondence from Regulatory /Admin. Agencies Required- Required- Active Mag, Ppr Agencies need to be retained for Minimum Minimum Issues long periods of time; GC §60201 10 ears 10 years 10 years Engineering Urban Water Management Plans 10 ears y Yes P Mag, pr Department Preference (copies) /Admin. (UWMP) When GC§60201.7 When Engineering Vulnerability Assessment Superseded Superseded' Mag, Ppr Confidential; GC§60201 /Admin. Minimum 2 Minimum 2> ears ENGINEERING - PLANNING& DESIGN&CONSTRUCTION Annexations/Boundary Changes Upon Mag, Yes: Engineering Completion P P Yes Mfr, OD, S yearl GC§60201 et seq. Index, Maps, Documents Ppr Department preference; Statute of Limitations for written CCTV Inspection Tapes/Video contracts are four years from the Engineering Inspections/Video Tapes or 10 years '10 years OD date of breach; errors and Digital Recordings-Jobs/ omissions is 10 years; Death Project Inspections(all lines) during construction is 10 years; CCP §§337., 337.1(a), 337.15 GC§60201 YORBA LINDA WATER DISTRICT ©1995-2009 Gladwell Governmental Services, Inc. -all rights reserved Do not duplicate or distribute without prior written consent 909.337.3516 Adopted: Ver.3.0 RECORDS RETENTION SCHEDULE: FINANCE Page FIN-1 Office of Retention No. Records Description Retention/Disposition Comments/Reference Record Inactive Image: Destroy (OFR) Active (Off-site, Total Vital? Media I=Import Paper after (in office) OD or Mfr) Retention Options M=Mfr Imaged & S=Scan QC'd? If the record is not listed here, refer to the Retention for District-Wide Standards. Retentions begin when the act is completed,and imply a full file folder(e.g. last document+2 years),since destruction is normally performed by file folder. Litigation, complaints, claims,public records act requests,audits,and/or investigations suspend normal retention periods retention begins after settlement or completion). ADMINISTRATION/CONTROLLER /GENERAL LEDGER Finance/ Mag, Yes: After Department Preference; Meets Admin. Adjusting Entries 5 years 5 years Mfr,OD, S/I 1 year municipal government auditing 5 years Ppr standards;GC§60201 Finance/ Audit Work Papers (Finals) 5 years Mag, S/ 1 Yes: After Department Preference;GC Admin. Mfr,OD, 1 year §60201 Audited Financial Statements/ Mag' Department Preference for Finance/ Comprehensive Annual Financial 2 years P P Mfr OD, S/I Yes: After historical purposes; District Admin. Report(CAFR)with Audit p 1 year Secretary retains original Management Letters/Audit Reports 7 years permanently;GC§60201 et seq. Finance/ Audits Operational (Internal Audits) 2 years 5 years Mag, S/1 Yes: After Department Preference;GC Admin. Mfr,OD, 1 year §60201 District Preference(may include records pertaining to Finance/ Bank Statements/Checking 7years 7 years Mag, Ppr independent contractor's Admin. Account Reconciliation compensation,or expense reimbursement); Meets auditing standards;GC§60201 Department Preference;Statute of Limitations for bonds, mortgages,trust deeds, notes or Cancellat., Cancellat., Mag' debentures is 6 years; Bonds Finance/ Bonds/Certificates of Participation/ Redemption Redemption Yes: Until Mfr,OD, S/I No issued by local governments are Admin. Transcripts/Disclosure Reports or Maturity+ or Maturity+ Maturity r,p 10 years;There are specific 10 years 10 years requirements for disposal of unused bonds;CCP§§336(a)(1) &(2),337.5(2); GC§43900 et seq. GC§60201 et seq. Yes: Mag, Department Preference; District Finance/ Budgets: Adopted, Budget Hearing, 10 years P P' Current Mfr,OD, S/I Yes: After Secretary maintains originals; Admin. etc. Fiscal Year Ppr 1 year longer for administrative value; GC§60200 YORBA LINDA WATER DISTRICT©1995-2009 Gladwell Governmental Services, Inc.-all rights reserved Do not duplicate or distribute without prior written consent 909.337.3516 Adopted: Ver.3.0 RECORDS RETENTION SCHEDULE: HUMAN RESOURCES Page HR-1 Office of Retention Records Description Retention/Disposition Comments/Reference Record No. In Image: Destroy (OFR) Active (Off-site Total Vital? Media I=Import Paper after (in office) Retention Options M=Mfr Imaged& OD or Mfr) S=Scan QC'd? If the record is not listed here, refer to the Retention for District-Wide Standards. Retentions begin when the act is completed,and imply a full file folder(e.g. last document+2 years),since destruction is normally performed by file folder. Litigation, complaints, claims,public records act requests,audits,and/or investigations suspend normal retention periods retention begins after settlement or completion). HUMAN RESOURCES Accident/Incident/Injury/Damage Human Reports: EMPLOYEES/NO 2 Years 2 years Mag, Ppr GC§§12946, 60201 Resources EXPOSURES (also see Workers Compensation) Accident/Incident/Injury/Damage Claims can be made for 30 years Human Reports: EMPLOYEES/ Mag, Yes:When for toxic substance exposure;8 Resources RECORDABLE ACCIDENTS WITH 30 years 30 years Mfr,OD, S Inactive CCR§3204(d)(1) et seq.,8 CCR CHEMICAL EXPOSURES (also see Ppr 14300.33(a);GC§§12946, 60201 Workers Comp ensation Department preference (same as Affirmative Action Complaints- the Personnel File);All State and Human Department of Fair Employment& Separation + Separation+ Federal laws require retention Resources Housing (DFEH)or Equal 3 years 3 years Mag, Ppr until final disposition of formal Opportunity Commission (EEOC) complaint;State requires 2 years after action is taken;GC§§12946, 60201 Affirmative Action: EEO-4 Reports Human and records required to generate 3 years 3 years Mag, Ppr 29 CFR 1602.30 Resources EEO-4 report Department preference; EEOC/ Applications for Employment or FLSA/ADEA(Age)statue of Resumes/Recruitment Files: When No When No limitations is 1-3 years;State Law Human Solicited: Brochure, Longer Longer requires 2 years; Reports&Data Resources advertisement, unsuccessful Required- Required- Mag, Ppr used to compile EEO reports are applications (with or without Minimum 3 Minimum 3< required for 3 years;29 CFR 1602 interviews),selection materials, years years et seq& 1627.3(a)(5)and (6),2 interview notes, results,etc. CCR 7287 et seq.,8 CCR §11040.7(c), GC§§12946, 60201 YORBA LINDA WATER DISTRICT ©1995-2009 Gladwell Governmental Services, Inc.-all rights reserved Do not duplicate or distribute without prior written consent 909.337.3516 Adopted: Ver. 2.0 RECORDS RETENTION SCHEDULE: INFORMATION TECHNOLOGY Page IT-1 Office of Retention No. Records Description Retention/Disposition Comments/Reference Record Image: Destroy Inactive Paper Active Total Media I=Import (OFR) (in office) (Off-site, Retention Vital? Options M=Mfr after OD or Mfr) S=Scan Imaged & If the record is not listed here refer to the Retention for District-Wide Standards. Retentions begin when the act is completed, and imply a full file folder(e.g. last document+2 years), since destruction is normally performed by file folder. Liticiation, com laints, claims,public records act requests, audits, and/or investi ations sus end normal retention perio ds retention begins after settlement or completion). Used for Disaster Recovery Information When No When No Purposes Only; Considered a Technology Backup Tapes/Disks - Daily Longer Longer Yes Mag. copy and can be destroyed when Required Required ? no longer required; GC§60200 et seq. Used for Disaster Recovery Information When No When No Purposes Only; Considered a Technology Backup Tapes/Disks -Weekly Longer Longer Yes Mag. copy and can be destroyed when Required >Required no longer required;stored off- Indefinite site; GC §60200 et seq. Information Geographic Information System Indefinite Yes Mag Data is interrelated; GC §60200, Technology (GIS) When No 60201 et seq. Information Network Configuration Maps& When No Preliminary documents not Technology Plans Longer Longer Yes Mag. retained in the ordinary course of Required Required When No business; GC§60201 et seq. Information Software Licenses, Warrantees, When No Mag' Department preference; GC Technology Installation Media Longer Used Longer Used §60201 et seq. YORBA LINDA WATER DISTRICT ©1995-2009 Gladwell Governmental Services, Inc. -all rights reserved Do not duplicate or distribute without prior written consent 909.337.3516 Adopted: Ver. 3.0 RECORDS RETENTION SCHEDULE: OPERATIONS Page OPS-1 Office of Retention No. Records Description Retention/Disposition Comments/Reference Record Image: Destroy Inactive Paper Active Total. Media I=Import (OFR) (in office) (Off-site, Retention Vital? Options M=Mfr after OD or Mfr) S=Scan Imaged & If the record is not listed here refer to the Retention for District-Wide Standards. Retentions begin when the act is completed, and imply a full file folder(e.g. last document+2 years), since destruction is normally performed by file folder. Litigation, complaints, claims,public records act requests, audits, and/or investigations suspend normal retention periods retention begins after settlement or completion). OPERATIONS ADMINISTRATION Construction Project Files, When No When No Mag, Yes: Upon Engineering is OFR for project; Engineering Production Control Center Longer ' Longer Mfr, OD, S/I Completion GC§60200 Required Required When No Ppr Operations/ Disaster Plan: Emergency When No Yes: Until Mag, Yes: 2 Department Preference; GC Admin. Operations Center(EOC) Longer Longer Superseded Mfr, OD, S/ I years §60201 Required >Required When No Ppr Operations/ Emergency Exercises/Drills/ When No Yes: Until Mag, Yes: 2 Department Preference; GC Admin. After Action Reports Longer Longer Superseded Mfr, OD, S/ I years §60201 Required Required « When No Ppr Environmental Agencies/ When No Operations/ Regulatory Agencies Department Preference; GC Admin. Required Required Mag, Ppr §60201 (EPA, DHS, etc.) Minimum 5 Minimum 5' Tears vears__ Operations/ Department Preference; GC Mechanics Fire Inspections, Maintenance 2 years 2 years Mag, Ppr §60201 OR Admin. Incidents/Unauthorized Yes: Mag, Department Preference; Code of Operations/ Discharges: Main Breaks, Spills, Last Action Last Action Before Mfr, OD, Federal Regulations requires 3 Admin. Investigations and Corrective +3 years +3 years Resolution Ppr years;40 CFR 122.410)(2) &40 Actions -ALL CFR 141.33(b) Incidents/Unauthorized Yes: Mag, Department Preference; Code of Operations/ Discharges: Regional Board Last Action Last Action Before Mfr, OD, Federal Regulations requires 3 Admin. Reports +5 years +5 years ? Resolution Ppr years;40 CFR 122.410)(2) &40 CFR 141.33(b) Operations/ Landscape Contract Site Check Covers various statute of Admin. List, Weed and Brush Abatement, 5 years 5 years Mag, Ppr limitations; CCP§337 et seq., GC Verification of Work I I I I I 1 1§60201 YORBA LINDA WATER DISTRICT ©1995-2009 Gladwell Governmental Services, Inc. -all rights reserved Do not duplicate or distribute without prior written consent 909.337.3516 Adopted: ITEM NO. 2.3 AGENDA REPORT Meeting Date: January 19, 2010 Budgeted: N/A Total Budget: N/A To: Executive-Administrative- Organizational Committee Cost Estimate: N/A Funding Source: N/A From: Ken Vecchiarelli, General Manager Account No: N/A Job No: N/A Presented By: Ken Vecchiarelli, General Manager Dept: Administration Reviewed by Legal: N/A Prepared By: Annie Alexander, Executive Secretary CEQA Compliance: N/A Subject: ACWA/JPIA 2010 Executive Committee Election SUMMARY: ACWA/JPIA will be conducting an Executive Committee election during its Board of Directors' meeting scheduled May 3, 2010 at the spring conference in Monterey, California. STAFF RECOMMENDATION: If Director Mills is interested in serving on the ACWA/JPIA Executive Committee, that the Committee recommend adoption of a supporting resolution and authorize staff to solicit supporting resolutions from additional ACWA/JPIA member agencies. DISCUSSION: The 2010 ACWA/JPIA Executive Committee election is being held to fill the following positions for various terms: l Two (2) Executive Committee member positions, each for a 3-year term. l One (1) Executive Committee member position for the remainder of its term, 1-year. l Office of President for the remainder of its term, 1-year. l Office of Vice President for a 3-year term. At this time, President Mills is the only YLWD director that can be considered for nomination for one of these positions since he has been appointed as our representative board member to ACWA/JPIA. Should the Board desire to nominate President Mills, a resolution of the District and resolutions from 5 other ACWA/JPIA members concurring with the District's nomination, would need to be submitted to ACWA/JPIA before March 19, 2010. The successful candidate would need to commit to attending 6-8 ACWA/JPIA committee meetings each year in Sacramento (not including the fall/spring conferences) and serve as Chair or Vice Chair on two subcommittees. In return for this service, ACWA/JPIA will provide the Director with a per diem for meeting attendance and reimburse qualifying travel expenses. ATTACHMENTS: ACWAJPIA Election.p if `OWA,JPIA Election Notice Backup Material Alternates, and Others To: J PIA Directors, From: Sylvia Robinson, Publications & Web Editor ACWA Date: January 4, 2010 JPIA Subject: 2010 Executive Committee Election Notice Notice is hereby given that there will be an Executive Committee election during the JPIA's Board of Directors' meeting to be held on May 3, 2010, JOINT POWERS at the spring conference in Monterey, California. INSURANCE AUTHORITY This election will fill two Executive Committee member positions, each for 5620 Birdcage Street a three-year term, and one Executive Committee member position for the Suite 200 remainder of its term, one year. The incumbents are Merle Aleshire of Citrus Heights, Valley Center Municipal Water District, Joe Dion of Citrus Heights Water CA 95610-7632 District, and Melody McDonald of San Bernardino Valley Water Conservation District. phone 916.535.7500 The election will also fill the office of President for the remainder of its 800.231.5742 term (one year) and the office of Vice President for a three-year term. The direct line incumbent Vice President is Joan Finnegan of Municipal Water District of 916.535.7510 Orange County. 800.535.7899 Candidates for the election must be elected or appointed directors of the fax JPIA member that they represent and must have been appointed by that 916.965.6847 member to be on the JPIA's Board of Directors. Further, candidates for www.acwajpia.com the election must also be representatives of JPIA members that participate in all three of the pooled Programs: Liability, Property, and President Workers' Compensation. Wes Bannister The candidates must also each receive concurring in nomination Vice President resolutions from five other JPIA members. However, JPIA members may Joan C. Finnegan concur in the nomination of as many candidates as they wish. When Chief Executive Officer asking other JPIA members to concur in a nomination, it would be helpful Daniel N. Klaff to them to include some information about the Director and his/her background. Chief Financial & Operations Officer The submission of the nominating resolution, the five concurring in Walter "Andy" Sells nomination resolutions, and the candidate's statement of qualifications is Auditor/Controller the sole responsibility of the nominating member. These nominations Fldon Boone must reach the JPIA office at 5620 Birdcage Street, Suite 200, Citrus Heights, CA 95610 by the close of the business day (4:30 pm) on Friday, Executive Committee March 19, 2010. Merle J. Aleshire Wes Bannister Final notice of the qualified candidates will be included as part of the Tom Joseph Dion Board of Directors' meeting packet, which will be mailed on or before Joan C. Finnegan April 19, 2010, to those who request a meeting packet. Mary M. Gibson E.G. "Jerry" Gladbach The nominating procedures and copies of the nominating and concurring Paul Kelley in nomination resolutions are attached. W.D. "Bill" Knutson Lou Reinkens A Partnership of Public Water Agencies • ACWA Joint Powers Insurance Authority Nomination Procedures Approximately 120 Days Before Election (January 4, 2010) All ACWA/JPIA Directors and Member Districts are to be notified of: j A) Date and place of Election; B) Officer and Executive Committee positions, and term of office to be filled by Election; C) Incumbent office holders; and D) Nomination Procedures. 120 to 45 Days Before Election (January 4 - March 19, 2010) i A) A district may place into nomination its member of the Board of Directors of ACWA/JPIA with the concurrence of five districts then members of the ACWA/JPIA, in addition to the nominating district. B) Sample nominating resolutions are available from the ACWA/JPIA. C) The district is solely responsible for timely submission of the nominating resolution and the five additional concurring in nomination resolutions of its candidate for office. 45 Days Before Election (March 19, 2010) A) Deadline and location for receiving the nominating and concurring in nomination resolutions in the ACWA/JPIA office: Friday, March 19, 2010, at 4:30 p.m. Sylvia Robinson, Publications & Web Editor ACWA/Joint Powers Insurance Authority 5620 Birdcage Street, Suite 200, Citrus Heights, CA 95610-7632 Fax: (916) 965-6847 E-mail: srobinson@acwajpia.com B) Candidates' statement of qualifications must be submitted, if desired, with the nominating resolutions. The statement of qualifications must be submitted on one side of an 8Vx 11" sheet of paper suitable for reproduction and distribution to all districts. 14 Days Before Election (April 19, 2010) Final notice of the upcoming election of Officers and Executive Committee members will be included as part of the Board of Directors' meeting packet. Final notice shall include: A) Date, Time, and Place of Election; B) Name and District of all qualified candidates; C) Candidate's statement of qualifications (if received); and D) Election Procedures and Rules. ITEM NO. 3.1 AGENDA REPORT Meeting Date: January 19, 2010 Subject: Vacancy on the Board of Directors (Verbal Report) ATTACHMENTS: Board Vacancy Press Release 01-14-2010 final.pdf Press Release sent 11410 Backup Material Yorba Linda Water District PRESS RELEASE FOR IMMEDIATE RELEASE Contact: Annie Alexander, Executive Secretary Phone: (714) 701-3020 Fax: (714) 701-3028 E-mail: aalexander@ylwd.com YLWD Seeks Candidates for Vacant Board Seat Placentia and Yorba Linda, CA (January 14, 2010) - The Yorba Linda Water District Board of Directors is seeking a candidate to fill a vacancy on the board. Sadly, Director Paul R. Armstrong, who served as a dedicated board member and community leader for nearly 28 years, passed away in early January. On January 14, 2010, the Board of Directors voted to take immediate action to fill the vacant board position. General Manager Ken Vecchiarelli reported that "the Board has chosen to appoint this position in an open and transparent public process, rather than incur the delay and cost of participating in the June 2010 Consolidated Election, an option that would cost our rate payers an estimated $86,000 to $106,000 for five months of service." The successful candidate will fill the vacancy for the remainder of Director Armstrong's term, which expires in early December 2010. The next four-year term for this board position will ultimately be determined by the voting public in the November 2010 General Election. On a monthly basis, directors are expected to attend a minimum of six to eight meetings including two regular board meetings, two standing committee meetings and various interagency meetings. The District will provide director orientation and make an effort to provide additional board management training as it becomes available. In order to be considered for appointment, an applicant must be a registered voter, reside within the District's boundaries and be willing and dedicated to serve the public's interests. Individuals who wish to be considered for appointment must submit a letter of interest, including their name, residential address, a statement of qualifications and their reason(s) for wanting to serve on the YLWD Board of Directors. Candidates shall hand deliver or mail their letter of interest and supporting information, which must be received no later than 5:00 PM on Friday, February 5, 2010 at the address below. Postmarked materials will not be accepted if not received by the deadline at the following address: YLWD Board of Directors c/o Annie Alexander, Executive Secretary Yorba Linda Water District 1717 E Miraloma Ave Placentia, CA 92870 It is the Board's desire to select a candidate that is committed to continued service and therefore committed to run for election in November 2010 to serve the next four-year term as well. The Board will interview qualified applicants in a public meeting scheduled to begin at 4:00 PM on Thursday, February 18, 2010, at the District's administrative offices located at 1717 E. Miraloma Avenue, Placentia, CA. For more information, please contact YWLD Executive Secretary, Annie Alexander at (714) 701-3020 or visit www.vlwd.com. ITEM NO. 3.3 AGENDA REPORT Meeting Date: January 19, 2010 Subject: General Counsel's Monthly Summary Billing Report ATTACHMENTS: MKB - Billing Summary Dec.pdf `'KB Billing Summary Report(s) YORBA LINDA WATER DISTRICT MONTHLY SUMMARY BILLING CHART BILLING MONTH: December Matter Matter Date Task Order Name Number Opened Amount CURRENT FISCAL YEAR 2009-2010 Current Billing Total Billed to Data Total Billed 2008-2009 December 28,2009 Current Fiscal Year Prior Fiscal Year CONSTRUCTION CONTRACTS 002 7/31/2007 N/A $4,816.67 $20,422.56 $16,113.90 PROPERTY TAX ALLOCATION 030 $0.00 $1,404.54 $2,085.00 OCWD ANNEXATION 040 1/13/1994 N/A $1,045.00 $1,732.50 $7,185.00 RICHFIELD SITE IMPROVEMENTS 042 $0.00 $0.00 $545.00 SHELL 051 $0.00 $51.34 $1,304.71 HIDDEN HILLS RESERVOIR 068 8/25/2003 $3,822.22 $54,284.19 $120,193.53 S&S DEVELOPMENT AGREEMENTS 071 $0.00 $0.00 $6,140.00 RWQCB 073 12/18/2002 $0.00 $0.00 $636.21 LAKEVIEW RESERVOIR 081 3/2/2005 $20,000.00 $0.00 $577.50 $1,924.00 NON-CONSTRUCTION AGREEMENTS 084 4/5/2005 $11,000.00 $0.00 $11,919.44 $43,493.12 CELL TOWER 085 7128/2006 $15,000.00 $0.00 $2,043.80 $1,012.50 WATER RATESAMATER CONSERVATION 087 7/31/2006 $10,000.00 $0.00 $12,154.50 $76,130.12 BOD PROCEDURES 089 3/27/2006 $5,000.00 $0.00 $0.00 $12,522.50 GRANDVIEW SEWER 091 5/30/2007 $10,000.00 $0.001 $545.50 $1,202.50 TOTAL $9,683.89 $105,135.87 $290,488.09 McCormick, Kidman & Behrens Charges Month of Dec-09 Expensed 6,867.22 Job charges 4,816.87 11,684.09 YTD through Dec-09 Expensed 95,769.24 Job charges 22,856.63 118,625.87