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HomeMy WebLinkAbout2010-03-16 - Executive-Administrative-Organizational Committee Meeting Agenda Packet Yorba Linda Water District AGENDA YORBA LINDA WATER DISTRICT EXEC-ADMIN-ORGANIZATIONAL COMMITTEE MEETING Tuesday, March 16, 2010, 1:00 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. Ethics Policy Recommendation: That the Committee support staffs recommendation to forward the ethics policy to the Board of Directors for consideration following a final review by legal counsel. 2.2. ISDOC Special District Selection Committee Meeting Recommendation: That the Committee recommend the Board of Directors consider the nomination of candidates for both the regular and alternate LAFCO special district positions and designate a member of the Board to attend the meeting on April 29, 2010 and cast the District's vote. 2.3. Request to Concur in the Nomination of Rich Freschi and Shawn Dewane as Regular and Alternate LAFCO Commissioners Recommendation: That the Committee consider this matter and provide a recommendation to the Board of Directors. 2.4. Request to Support Re-Election of John Withers and Charley Wilson as Regular and Alternate LAFCO Commissioners Recommendation: That the Committee consider this matter and provide a recommendation to the Board of Directors. 2.5. Membership to CalDesal Organization Recommendation: That the Committee discuss and consider joining CalDesal at a cost of $5,000. 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. OCWD Annexation (Verbal Report) 3.2. City of Yorba Linda and City of Placentia Sewers (Verbal Report) 3.3. Customer Feedback Report 3.4. General Counsel's Monthly Summary Billing Report 3.5. Future Agenda Items and Staff Tasks 4. ADJOURNMENT 4.1. The next regular meeting of the Executive-Administrative-Organizational Committee will be held April 20, 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: March 16, 2010 Budgeted: N/A To: Executive-Administrative- Organizational Committee From: Ken Vecchiarelli, General Manager Presented By: Pat Grady, Assistant General Dept: Administration Manager Prepared By: Pat Grady, Assistant General CEQA Compliance: N/A Manager Subject: Ethics Policy SUMMARY: Attached for the Committee's review and comments is a second draft of the ethics policy that would be applicable to both the Board of Directors and the employees of the District. STAFF RECOMMENDATION: That the Committee support staff's recommendation to forward the ethics policy to the Board of Directors for consideration following a final review by legal counsel. DISCUSSION: At the February 17, 2010 Exec-Admin Committee meeting, the Committee reviewed staff's first draft of the Ethics Policy. Two revisions were recommended related to conflict of interest and the Board- Management relationship. These two areas have been modified and highlighted for the Committee's review. The draft Ethics Policy provides additional procedures and policies related to ethics and general conduct of both Board members and District employees. Resolution 09-09 was updated and adopted in July 2009 to address conflict-of-interest and proper disclosures, pursuant to the Political Reform Act of 1974, GC Section 81000 et. seq. However, the resolution does not address other potential ethics issues that may arise from time to time with Board members and employees while affiliated with the District. In June 2009, the Grand Jury issued two reports, including one entitled "Water Districts: A New Era in Public Involvement". This report focused on public involvement and the general conduct of water agencies, in particular those in the Orange County area. In preparing the responses for this report, the Board supported staff's recommendation to implement a formal ethics policy that would address the concerns of the Grand Jury. PRIOR RELEVANT BOARD ACTION(S): In August 2009, the Board approved staff's responses to the Grand Jury report. Within these responses, the Board committed to adopt and implement a comprehensive and detailed ethics policy that reaches above and beyond the existing conflict of interest policy. A first draft of the Ethics Policy was reviewed by the Exec-Admin Committee on February 17, 2010. ATTACHMENTS: Name: Description: Type: Ethics policy rev 2.pdf Draft Ethics Policy Backup Material RESOLUTION NO. XX-XX RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT ADOPTING RULES AND PROCEDURES RELATIVE TO THE CONDUCT OF BOARD MEMBERS AND DISTRICT EMPLOYEES WHEREAS, the mission of the Yorba Linda Water District (District) is to provide reliable, high quality water and sewer services in an environmentally responsible manner at the most economical cost to customers; WHEREAS, the Board of Directors (Board) and the employees of the District are responsible for fulfilling the mission; WHEREAS, Board members, and District employees should be dedicated to the highest standards of integrity and accountability, while earning and maintaining the trust, confidence and support for the public they serve; WHEREAS, the objective in adopting a formal ethics policy is to supplement state law, to provide guidance with ethical issues as they arise and to heighten awareness of ethical behavior. This policy is not intended to limit the scope of or abrogate state law applicable to the District. To the greatest extent possible, this policy shall be interpreted to avoid conflict with state law; WHEREAS, by Resolution XX and in compliance with Government Code § 87300 the Board has adopted a Conflict of Interest Code, governing the disclosure of financial interests by certain designated employees of the District. Nothing contained in this Policy is intended to limit or abrogate the requirements of the District's Conflict of Interest Code; WHEREAS, by resolution XX and in compliance with Government Code § 53232 et seq (AB 1234 Rules) the Board has adopted rules related to Board Member compensation, Board member and staff attendance at conferences, seminars and similar activities, and reimbursement of expenses incurred on District business. Nothing contained in this Policy is intended to limit or abrogate the requirements of the District's AB 1234 Rules; NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba Linda Water District as follows: Section 1. Purpose and Scope It is the policy of the District to require the highest standards of ethics from its Board members and employees. The operation of the District requires that decisions and policy be made within the proper channels of governmental structure, that the public office not be used for personal gain, and that all individuals associated with the District remain impartial and responsible towards the public. Accordingly, it is the policy of the District that Board members and employees shall maintain the highest standard of personal honesty and fairness in carrying out their duties. This policy sets forth the guidelines for ethical conduct to be followed by the Board of Directors and employees of the District. Section 2. Responsibilities of Public Service Board members and employees are obligated to uphold the Constitution of the United States and the Constitution of the State of California, and to uphold the laws of national, state and local governmental agencies. Board members and District employees shall comply with all applicable laws regulating their conduct, including conflict of interest, financial disclosure and open government laws. It is the responsibility of Board members and District employees to conduct themselves both professionally and personally in a manner above reproach and to avoid the appearance of impropriety. Section 3. Fair and Equal Treatment Board members and employees in the performance of their official duties and responsibilities will neither harass nor discriminate against any person on the basis of race, religion, color, creed, age, marital status, national origin, ancestry, gender, sexual orientation, medical condition or disability. No Board member or employee shall grant any unfair or inappropriate consideration, treatment, or advantage to any person or group beyond that which is available to others or groups with the same circumstances. Section 4. Use of District Property and Resources Except where specifically authorized by the General Manager in the public interest, no Board member or employee shall knowingly use or permit the use of District-owned vehicles, equipment, telephones, materials or property, nor require a District employee to perform services for personal convenience or profit. Board members and employees shall safeguard the District's property, equipment, moneys, and assets against unauthorized use or removal, as well as from loss due to criminal act or breach of trust. Section 5. Confidential Information Board members and employees will not disclose information that legally qualifies as confidential to unauthorized individuals without approval from the Board. This includes information that (1) has been received during a closed session Board meeting, (2) is protected from disclosure under the attorney/client or other evidentiary privilege, or (3) is not required to be disclosed under the California Public Records Act. A Board member may make a confidential inquiry or complaint to a district attorney or grand jury concerning a perceived violation of law, including disclosing facts to a district attorney or grand jury necessary to establish the alleged illegality of a District action. Prior to disclosing confidential information, however, a Board member will first bring the matter to the attention of either the President of the Board or the full Board. Section 6. Conflict of Interest Board members and District employees shall avoid conflicts, or perceived conflicts of interest in connection with District decisions and activities. (a) A Board member or employee shall not have a financial interest in a contract with the District, which includes the purchase or sale of goods and services. The Board shall not authorize any District contract if a Board member is financially interested in the contract. (b) A Board member shall not participate in the discussion, deliberation or vote on a matter before the Board, or attempt to influence a decision of the Board, if the Board member has a financial interest, which is prohibited under California law. New: If a Board member believes that he or she may be disqualified from participation in the discussion, deliberations or vote on a particular matter due to a conflict of interest, the following procedure shall be followed: 1. If a Board member becomes aware of the potential conflict of interest before the Board meeting at which the matter will be discussed or acted on, the Board member will notify the District's General Manager and the District's legal counsel of the potential conflict of interest, so that a determination can be made whether it is a disqualifying conflict of interest; 2. If not possible for the Board member to discuss the potential conflict with the General Manager and legal counsel before the meeting, or if the Board member does not become aware of the potential conflict until during the meeting, the Board member will immediately disclose the potential conflict during the Board meeting, so that there can be a determination whether it is a disqualifying conflict of interest; and 3. Upon a determination that there is a disqualifying conflict of interest, the Board member (a) shall not participate in the discussion, deliberation or vote on the matter for which a conflict of interest exists, which will be so noted in the Board minutes, and (b) leave the room until after the discussion, vote and any other disposition of the matter is concluded. (c) A Board member shall not recommend the employment of a relative to the District or to a vendor, contractor or consultant known by the Board member to be bidding or negotiating a contract with the District. Section 7. Post-Employment Relationships For a period of one year after leaving office or employment with the District: (a) Former Board members shall not represent any non-governmental entities before the District for compensation. (b) Former employees of the District shall not represent any non- governmental entity before the District, for compensation, with regard to any issue(s) which the employee had decision-making authority during the one year, prior to leaving employment. (c) These restrictions shall not apply to government entities. Section 8. Soliciting Political Contributions Board members and employees are prohibited from soliciting political funds or contributions at District facilities and prohibited from using the District's seal, trademark, logo, branding, stationary or other indicia of the District's identity, in any solicitation for political contributions contrary to State law. A Board member will not accept, solicit or direct a political contribution from: (a) District employees, consultants or contractors used by the District in the past 12 months, or (b) Vendors of consultants, sub-consultants, contractors, or sub-contractors who have a financial interest in a contract or other matter while that contract or matter is pending before the District. Section 9. Incompatibility of Offices The appointment or election of a Board member to a public entity, other than the District, may result in action that is contrary or inconsistent with the interests of the District and could result in loss of the member's position of the Board. Board members may, with consent of the Board, consult with District legal counsel and the Board may authorize a request for an opinion from the Attorney General of the State of California as to the incompatibility of offices. Section 10. Gifts and Gratuities No Board member or District employee shall receive or agree to receive, directly or indirectly, any compensation, reward, honoraria or gift from any source except for recognition from the District for any action related to the conduct of the District's business. A Board member or employee will not accept gifts that exceed the limitations specified in California law. Any and all gifts, campaign contributions, income and financial information, shall be disclosed as required under the District's Conflict of Interest Code and the provisions of the Political Reform Act of 1974 and applicable regulations adopted by the Fair Political Practices Commission. Section 11. Compliance with the Brown Act Board members and persons elected or appointed, who have not yet assumed office as members of the Board of Directors, will fully comply with the provisions of the State's open meeting law for public agencies (Brown Act). Section 12. Board Member - General Manager/Employee Relationship Board members will provide policy direction and instructions to the General Manager on matters within the authority of the Board by a majority vote of the Board during a duly convened meeting of the Board and/or Committee meeting. Before: Board members will address matters within the authority of the General Manager through the General Manager or the Assistant General Manager, in the absence of the General Manager, not directly through District employees. After: Board members will address matters within the authority of the General Manager through the General Manager. In the event the General Manager is unavailable in person or by technological means, Board members, at their discretion, may contact the Assistant General Manager. If the General Manager anticipates being unavailable, he/she shall notify the Board in advanced and provide a designee contact, i.e. the Assistant General Manager. Board members shall refrain from making requests directly to District employees to undertake analysis, perform work assignments or change the priority of work assignments. District employees shall notify the General Manager of all requests received by a Board member within 48 hours of a request. Section 13. Improper Activities and Reporting of Such Activities The General Manager has primary responsibility for (1) ensuring compliance with the District's personnel policies and procedures, (2) ensuring that District employees do not engage in improper activities, (3) investigating allegations of improper activities, and (4) taking appropriate corrective and disciplinary actions. The Board ensures that the General Manager is operating the District according to the law and the policies approved by the Board. (a) Board members will disclose to the General Manager, to the extent not expressly prohibited by law, improper activities within their knowledge. Board members will not interfere with the General Manager's responsibilities in identifying, investigating and correcting improper activities, unless the Board determines the General Manager is not properly carrying out these responsibilities. (b) A Board member will not directly or indirectly use or attempt to use the authority or influence of the position to intimidate, threaten, coerce, command or influence any person for the purpose of preventing such person from acting in good faith to bring to the attention of the General Manager or the Board any information that, if true, would constitute a work-related violation by a Board member or District employee of any law or regulation. This includes, but not limited to: (1) misappropriation or waste of District funds, (2) abuse of authority, (3) creating substantial danger to public health or safety by an act or omission of a District official or employee, (4) use of a District office or position or of District resources for personal gain, or (5) a conflict of interest of a District Board member or District employee. Section 14. Training and Education All elected or appointed Board members shall receive ethics training, as soon as practical, but not exceeding one year following election or appointment to the Board. Refresher training shall be conducted for each Board member and District department manager every two years. Section 15. Violation of Ethics Policy A minor infraction of this Policy by a Board member may be addressed by internal remedies imposed by the Board of Directors such as disapproving expense reimbursement requests, de-authorizing attendance at conferences, seminars and other activities at District expense, removal of the member from Board committees, adopting a censure resolution or such other remedies as are deemed appropriate by the Board. Violations of state law by a Board member may be referred to proper authorities for possible investigation, enforcement or prosecution. Violations of this Policy by a District employee may result in appropriate disciplinary action as provided in the District personnel rules up to and including termination. Section 16. Severability If any section, subsection, subdivision, sentence, clause or phrase of this Resolution is for any reason held to be unconstitutional or otherwise invalid, such invalidity shall not affect the validity of the entire Resolution or any of the remaining portions thereof. PASSED AND ADOPTED this xx day of March, 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 and Behrens ITEM NO. 2.2 AGENDA REPORT Meeting Date: March 16, 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: Ken Vecchiarelli, General Dept: Board of Directors Manager Reviewed by Legal: N/A Prepared By: Annie Alexander, Executive CEQA Compliance: N/A Secretary Subject: ISDOC Special District Selection Committee Meeting SUMMARY: The regular and alternate special district seats on the Orange County Local Agency Formation Commission (LAFCO) will expire on June 30, 2010. The Independent Special Districts of Orange County (ISDOC) Special District Selection Committee will meet to fill these seats on Thursday, April 29, 2010 in conjunction with ISDOC's quarterly meeting. STAFF RECOMMENDATION: That the Committee recommend the Board of Directors consider the nomination of candidates for both the regular and alternate LAFCO special district positions and designate a member of the Board to attend the meeting on April 29, 2010 and cast the District's vote. DISCUSSION: The regular special district and the alternate special district seats on the Orange County Local Agency Formation Commission will expire on June 30, 2010. These seats are presently held by Commissioner John Withers and Commissioner Charley Wilson. The Independent Special Districts of Orange County (ISDOC) Special District Selection Committee will meet to fill these seats on Thursday, April 29, 2010 in conjunction with ISDOC's quarterly meeting. The LAFCO Executive Officer will accept nominations for both the regular and alternate special district positions. Nominations must be received by LAFCO no later than 3:00 p.m. on Monday, April 19, 2010. Under LAFCO rules, the presiding officer of each special district is entitled to vote in this election. If Director Mills is unable to attend this meeting, the Board will need to designate another member to attend and cast the District's vote. Proof indicating board action for the designation must be provided to LAFCO's Executive Officer prior to voting at the ISDOC meeting on April 29, 2010. PRIOR RELEVANT BOARD ACTION(S): The Board has taken similar action in prior years and when the President or Vice President were unable to attend, the Board designated the General Manager to vote on behalf of the District. ATTACHMENTS: Name: Description: Type: ISDOC Selection Committee.pdf Correspondence Backup Material F LOCAL AGENCY FORMATION COMMISSION ORANGE COUNTY RECEIVED eon DATE: February 25, 2010 MAR - 2 2010 CHAIR TO: General Managers YORBAUNDAWAIERD#STMT PEER HERZOG Independent Special Districts Councilmember City of Lake Forest VICE CHAIR FROM: Joyce Crosthwaite, Executive Officer JOHN MOORLACH Supervisor 2°° District SUBJECT: Independent Special Districts of Orange County (ISDOC) Selection Committee Meeting VICE CHAIR PETER HERZOG Coy of of lme Lake m Forest City The regular special district seat and the alternate special district seat on the Orange County Local Agency Formation Commission will expire on CHERYL BROTHERS June 30, 2010. They are presently held by Commissioner John Withers and Councilmember City of Fountain Valley Commissioner Charley Wilson. The Independent Special Districts of Orange County (ISDOC) Special District Selection Committee will meet to e~~HELL fill this position on Thursday, April 29, 2010 in conjunction with ISDOC's 3 D'stt"t quarterly meeting. ARLENE 5CHAIFER Director The LAFCO Executive Officer will accept nominations for both the regular Costa Mesa Sanitary District and alternate special district position. Nominations must be received by SUSAN WILSON LAFCO no later than 3:00 p.m. on Monday, April 19, 2010. Nominations Representative of received will be included in the informational packet sent to each district General Public prior to the election. A copy of the ISDOC "Rules of Procedure" is JOHN W11THERS attached. Director Irvine Ranch Water District Please forward the enclosed notice and nomination forms to the presiding ALTERNATE officer from your district. As stated in the notice, if the presiding officer PAT SATES Supervisor from your district will be unable to attend the ISDOC quarterly meeting 5- District on May 29, the board may designate another member to attend and cast ALTERNATE your district's vote. Proof indicating board action for the designation must Po„~ bA'~'~'A-`- be provided to LAFCO's Executive Officer prior to voting at the 1SDOC City of Buena Park meeting. ALTERNATE DEREK J. MCGREGOR If you have any questions or concerns, lease feel free to contact me at Representative of Y Y q p General Public (714) 834-2556 or by email Ocrosthwaite(@oclafco.org). ALTERNATE CHARLEY WILSON Director Santa Margarita Water District JOYCE CROSFHWAITE Executive Officer 12 Civic Center Plaza, Room 235, Santa Ana, CA 92701 (714) 834-2556 • FAX (714) 834-2643 h[ip://ww~rv.oefafCo.org r r INDEPENDENT SPECIAL. DISTRICT SELECTION COMMITTEE RULES OF PROCEDURE adopted February 10. 1994 A. Registration Each member of the Selection Committee shall be entitled to one vote for each independent special district of which he on she is the presiding officer (or alternate board member selected by the district's board). Each member shall provide written authorization (such as resolution or minute excerpt) at the time of registration. Each voting member shall register and sign a declaration of qualification. The member will then be given ballots and other voting materials. B. Quorum Members representing a majority of the eligible districts shall constitute a quorum. Before calling the meeting to order, the chair shall verify that a quorum has registered and is present. C. Nomination Independent special districts may submit nominations for the regular member positions and the alternate- position. Such Nominations shall be submitted on forms to be prepared by the Executive Officer and may be accompanied by resumes [and FORMS other MUST BE written RECEIVED material) BY THE if EXECUTIVE OFFICER NOMINATION ON OR BEFORE 5:00 P,M. ON THE 10TH DAY PRIOR TO THE DATE OF THE ELECTION MEETING. The Executive Officer will distribute a copy of the nominations and accompanying materials to each member at least five (5) days prior to the date of the election meeting. D. Vgting Voting shall be conducted separately for each position. A candidate must receive a majority of the votes cast in order to be elected. In the event no candidate receives a 2010 NOMINATION FORM Candidates for the Local Agency Formation Commission (LAFCO) CANDIDATE INFORMATION FOR REGULAR SPECIAL DISTRICT MEMBER: NAME: TITLE: DISTRICT: ❑ Check box if resume or statement of qualifications is attached. I CANDIDATE INFORMATION FOR ALTERNATE SPECIAL DISTRICT MEMBER: NAME: TITLE: DISTRICT: ❑ Check box if resume or statement of qualifications is attached. SPECIAL DISTRICT SELECTION COMMITTEE MEMBER SUBMITTING NOMINATION (Must be the presiding officer or a designated alternate board member.) NAME: DATE: SIGNATURE: TITLE: DISTRICT: Nominations must be submitted to LAFCO prior to 3:00 p.m. on Monday, April 19, 2010. Nominations received will be included in the information packet sent to each district prior to the election. Return com feted orms to: Esther Garcia-Negrete Orange County LAFCO 12 Civic Center Plaza, Room 235 Santa Ana, CA 92701 ITEM NO. 2.3 AGENDA REPORT Meeting Date: March 16, 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 Manager Account No: N/A Job No: N/A Presented By: Ken Vecchiarelli, General Manager Dept: Board of Directors Reviewed by Legal: N/A Prepared By: Annie Alexander, Executive CEQA Compliance: N/A Secretary Subject: Request to Concur in the Nomination of Rich Freschi and Shawn Dewane as Regular and Alternate LAFCO Commissioners SUMMARY: The Municipal Water District of Orange County (MWDOC) has requested that the Board consider concurring in their nomination of Rich Freschi and Shawn Dewane as regular and alternate commissioners for the Local Agency Formation Commission (LAFCO). STAFF RECOMMENDATION: That the Committee consider this matter and provide a recommendation to the Board of Directors. DISCUSSION: The District has been asked to participate in the selection of the regular and alternate special district seats on LAFCO at the Independent Special Districts of Orange County quarterly meeting scheduled April 29, 2010. MWDOC has requested that the Board consider concurring in their nomination of Rich Freschi and Shawn Dewane as regular and alternate commissioners for LAFCO. Attached is a resolution in support of MWDOC's nomination for the Committee's consideration including draft resolutions from the Serrano Water District and Mesa Consolidated Water District related to the same matter. The Irvine Ranch Water District and Santa Margarita Water District have also requested that the Board consider supporting them in re-electing John Withers and Charley Wilson to these seats which has been prepared as a separate agenda item. ATTACHMENTS: Name: Description: f ype: Resolution 10-XX.doc YLWD Draft Resolution Resolution Resolution 03-10-02.doc SWD Draft Resolution Resolution Resolution 1391.doc MCWD Draft Resolution Resolution RESOLUTION NO. 10-XX RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT IN SUPPORT OF RICH FRESCHI FOR REGULAR LAFCO COMMISSIONER AND SHAWN DEWANE FOR ALTERNATE LAFCO COMMISSIONER WHEREAS, the Independent Special Districts of Orange County (ISDOC) Selection Committee has been called for April 29, 2009 at 12:00 pm in the Joint Board Room of the Municipal Water District of Orange County/Orange County Water District, 18700 Ward Street, Fountain Valley, CA; and WHEREAS, this meeting will be held for the election of a Regular Special District Member and Alternate Special District Member to the Local Agency Formation Commission; and WHEREAS, Rich Freschi is a member of the Serrano Water District and, therefore, qualified to serve as a representative of a Special District on the LAFCo Board; and WHEREAS, Shawn Dewane is a member of the Mesa Consolidated Water District and, therefore, qualified to serve as a representative of a Special District on the LAFCo Board; and WHEREAS, Rich Freschi is seeking the Regular Special District Member position and Shawn Dewane is seeking the Alternate Special District Member position; and WHEREAS, the Board of Directors of Serrano Water District has nominated Rich Freschi to serve as the Regular Special District Member with Board Resolution , which is attached; and WHEREAS, the Board of Directors of Mesa Consolidated Water District has nominated Shawn Dewane to serve as the Alternate Special District Member with Board Resolution , which is attached; now therefore, be it RESOLVED, that the Board of Directors of the Yorba Linda Water District supports the candidacy of Rich Freschi for Regular Special District Member and Shawn Dewane as the Alternate Special District Member; and be it further RESOLVED, that the Board of Directors of the Yorba Linda Water District directs their representative to the ISDOC Selection Committee to vote for Rich Freschi for Regular Special District Member and Shawn Dewane as the Alternate Special District Member. Resolution No. 10-XX In Support of Rich Freschi and Shawn Dewane as Regular and Alternate LAFCO Commissioners 1 PASSED AND ADOPTED this 25th day of March, 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 Resolution No. 10-XX In Support of Rich Freschi and Shawn Dewane as Regular and Alternate LAFCO Commissioners 2 RESOLUTION NO. 03-10-02 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SERRANO WATER DISTRICT IN SUPPORT OF RICH FRESCHI FOR REGULAR LAFCO COMMISSIONER AND SHAWN DEWANE FOR ALTERNATE LAFCO COMMISSIONER WHEREAS, the Independent Special Districts of Orange County (ISDOC) Selection Committee has been called for April 29, 2010 at 12:00 p.m. in the Joint Board Room of the Municipal Water District of Orange County/Orange County Water District, 18700 Ward Street, Fountain Valley, CA; and WHEREAS, this meeting will be held for the election of a Regular Special District Member and Alternate Special District Member to the Local Agency Formation Commission; and WHEREAS, Rich Freschi is a member of the Serrano Water District and, therefore, qualified to serve as a representative of a Special District on the LAFCO Board; and WHEREAS, Shawn Dewane is a member of the Mesa Consolidated Water District and, therefore, qualified to serve as a representative of a Special District on the LAFCO Board; and WHEREAS, Rich Freschi is seeking the Regular Special District Member position and Shawn Dewane is seeking the Alternate Special District Member position; and RESOLVED, the Board of Directors of Serrano Water District supports the candidacy of Rich Freschi for Regular Special District Member and Shawn Dewane as the Alternate Special District Member; and be it further RESOLVED, that the Board of Directors of Serrano Water District directs their representative to the ISDOC Selection Committee to vote for Rich Freschi for Regular Special District Member and Shawn Dewane as the Alternate Special District Member. PASSED AND ADOPTED by the Board of Directors of the Serrano Water District at a regular meeting held on April 13, 2010, by the following roll call vote: DIRECTORS: YES: Rickerl, Haight, Pharris, Jr. Appelman DIRECTORS: NO: DIRECTORS: ABSTENTION: Freschi President, SERRANO WATER DISTRICT ATTEST: Secretary, SERRANO WATER DISTRCT 131/007480-0063 1077378.01 a03/11/10 qgof RESOLUTION NO. 1391 RESOLUTION OF THE MESA CONSOLIDATED WATER DISTRICT BOARD OF DIRECTORS IN SUPPORT OF RICH FRESCHI FOR REGULAR LAFCO COMMISSIONER AND SHAWN DEWANE FOR ALTERNATE LAFCO COMMISSIONER WHEREAS, the Mesa Consolidated Water District (Mesa or District) is a county water district organized and operating according to California Law; and WHEREAS, the Independent Special Districts of Orange County (ISDOC) Selection Committee has been called for April 29, 2009 at 12:00 pm in the Joint Board Room of the Municipal Water District of Orange County/Orange County Water District, 18700 Ward Street, Fountain Valley, CA; and WHEREAS, this meeting will be held for the election of a Regular Special District Member and Alternate Special District Member to the Local Agency Formation Commission (LAFCO); and WHEREAS, Rich Freschi is a member of the Serrano County Water District and, therefore, qualified to serve as a representative of a Special District on the LAFCO Board; and WHEREAS, Shawn Dewane is a member of the Mesa Consolidated Water District and, therefore, qualified to serve as a representative of a Special District on the LAFCO Board; and WHEREAS, Rich Freschi is seeking the Regular Special District Member position and Shawn Dewane is seeking the Alternate Special District Member position; and WHEREAS, the Board of Directors of Serrano County Water District has nominated Rich Freschi to serve as the Regular Special District Member with a Board Resolution; and WHEREAS, the Board of Directors of Mesa Consolidated Water District has nominated Shawn Dewane to serve as the Alternate Special District Member with this Board Resolution, and RESOLVED, that the Board of Directors of Mesa Consolidated Water District supports the candidacy of Rich Freschi for Regular Special District Member and Shawn Dewane as the Alternate Special District Member; and be it further RESOLVED, that the Board of Directors of Mesa Consolidated Water District directs their representative to the ISDOC Selection Committee to vote for Rich Freschi for Regular Special District Member and Shawn Dewane as the Alternate Special District Member. Resolution No. 1391 Page lof 2 Adopted: March 12, 2010 D ADOPTED, SIGNED AND APPROVED this 12th day of March 2010 by the following roll call vote. AYES: DIRECTORS: NOES: DIRECTORS: ABSENT: DIRECTORS: ABSTAIN: DIRECTORS: Shawn Dewane President, Board of Directors Coleen L. Monteleone District Secretary Resolution No. 1391 Page 2of 2 Adopted: March 12, 2010 ITEM NO. 2.4 AGENDA REPORT Meeting Date: March 16, 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: Ken Vecchiarelli, General Dept: Board of Directors Manager Reviewed by Legal: N/A Prepared By: Annie Alexander, Executive CEQA Compliance: N/A Secretary Subject: Request to Support Re-Election of John Withers and Charley Wilson as Regular and Alternate LAFCO Commissioners SUMMARY: The Irvine Ranch Water District and Santa Margarita Water District are requesting that the Board consider supporting them in re-electing John Withers and Charley Wilson as regular and alternate commissioners for the Local Agency Formation Commission (LAFCO). STAFF RECOMMENDATION: That the Committee consider this matter and provide a recommendation to the Board of Directors. DISCUSSION: The District has been asked to participate in the selection of the regular and alternate special district commissioners for LAFCO at the Independent Special Districts of Orange County (ISDOC) quarterly meeting scheduled April 29, 2010. The Irvine Ranch Water District and Santa Margarita Water District have requested that the Board consider supporting them in re-electing John Withers and Charley Wilson to these seats. Attached is correspondence received from both agencies including background information on both candidates. ATTACHMENTS: LAFCO_Seats.pdf Correspondence Backup Material Santa a aufta Exam Wat m oz RECEIVED March 4, 2010 MAR - 5 2010 The Honorable William R. Mills Yorba Linda Water District YOF& LINDA WATER DISTRICT P.O. Box 309 Yorba Linda, CA 92885 RE: Support for the Re-election of John Withers and Charley Wilson to Local Agency Formation Commission (LAFCO) Special District Seats Dear President William R. Mills: At the April 29, 2010 Independent Special Districts of Orange County quarterly meeting, your agency will be asked to participate in the selection of the regular and alternate Special District members of the Local Agency Formation Commission (LAFCO). The regular member seat is currently held by John Withers of Irvine Ranch Water District (IRWD), and the alternate seat is held by Charley Wilson of the Santa Margarita Water District (SMWD). The purpose of this letter is to urge your agency to join IRWD and SMWD in helping re-elect John and Charley to these very important seats. Over the last four years, John and Charley have done an excellent job of representing and protecting the interests of special districts throughout the county. Both John and Charley have substantial experience in city, special district and county government, and have a detailed understanding of the focused services and value special districts provide to the community. In 2007 LAFCO adopted a five-year strategic plan that included broad over-arching initiatives and incorporated the organizational slogan of "Doing More with Less." With John and Charley's leadership, the LAFCO programs produced more effective and efficient operations, an increase in meaningful service for special districts and cities in Orange County and a reduction in LAFCO expenditures. In addition, John and Charley's specific efforts at increasing service and enhancing communications have played key roles in implementing the major strategic initiatives of the Commission. Specific examples of this are: i Municipal Service Review Follow-up: A Best Practices Summit was designed and implemented to highlight best practices used by special districts and cities for enhancing service provision countywide. I Communications: Increased transparency, communication and open access to all special district Boards and City Council members by developing and supporting the LAFCO 101 presentation, which was made available to agencies in Orange County. Irvine Ranch Water District/Santa Margarita Water District March 4, 2010 Page 2 • Budget Management: Reduced the LAFCO budget apportionment for special districts and cities for two consecutive fiscal years (FY 0$109 & FY 09110) for a 15 percent total cumulative reduction. Selected an independent auditor to review LAFCO's revenue and expenditures and provided more transparency of the LAFCO's operations to funding agencies and the public. • LAFCO Analysis and Studies/Island Annexations: Completed the adoption of Spheres of Influence for 33 cities and 29 special districts, developed prototype fiscal models for three county islands; completed the Rossmoor incorporation and the voluntary consolidation of the Orange Park Acres Mutual Water Company with the Irvine Ranch Water District; completed the MWDOC Governance Study and issued a final report; and issued recommendations on Orange/Los Angeles potential boundary adjustments. Together, John and Charley bring over 27 years of professional and governmental experience to the Orange County LAFCO Board. They have been effective advocates for fairly and appropriately implementing the Municipal Service Review (MSR) process. This includes insisting that all special districts be included and heard as important stakeholders. In the MSRs completed to date, both John and Charley have supported local control and voluntary special district efforts to provide improved services. John and Charley have been instrumental in these efforts and have been accessible to all special districts as issues of concern have arisen. We believe that all special districts will continue to benefit from John and Charley's experience, relationships with other commissioners and stewardship attitude toward special districts. We ask that you join us in supporting their re-election and thank you for your consideration. Sincerely, Douglas J. Reinhart Betty H. Olson, Ph.D. President President Irvine Ranch Water District Santa Margarita Water District ITEM NO. 2.5 AGENDA REPORT Meeting Date: March 16, 2010 Budgeted: No To: Executive-Administrative- Cost Estimate: $5,000 Organizational Committee From: Ken Vecchiarelli, General Manager Presented By: Pat Grady, Assistant General Dept: Administration Manager Prepared By: Pat Grady, Assistant General Manager Subject: Membership to CalDesal Organization SUMMARY: At the March 11, 2010 Board meeting, the President requested that membership to the CalDesal organization be discussed at the next Exec-Admin Committee meeting. Attached for the Committee's review is a description of the organization. STAFF RECOMMENDATION: That the Committee discuss and consider joining CalDesal at a cost of $5,000. DISCUSSION: CalDesal is a non-profit organization that assists and facilitates the use of desalination facilities in California by advocating legislation and regulatory action in Sacramento. The advantage of joining this type of organization is to provide a unified voice in supporting and promoting these types of facilities as the water crisis in California continues. The benefit to the District by joining this organization is unclear at this time. However, there may be a potential future benefit with the creation of an additional water supply through MWDOC or other strategic partners. For this reason, the Committee may want to consider membership. ATTACHMENTS: Name: Description: Type: CalDesal.pdf CalDesal Backup Material Home Page http://calclesal.org/ - U De a-i al S A Unified Voice for Water Desalination in the Golden State Because desalination needs a strong and unified voice, there is now CalDesal. Ocean-water and groundwater desalination can play a major role in meeting California's future water needs, but this plentiful resource faces increasing challenges on a variety of fronts. Now is the time for California's water industry and water advocates to step up and be heard. CalDesal is where your voice will join with others, unified to affect real change for California's future. How CalDesal Works for You Special Founding Member Offer As a non-profit managed by its members, CalDesal advocates in Sacramento and throughout the state for legislation and regulatory For 2010 only, public agency and action to facilitate the use of desalination to help meet California's associate memberships are both water-supply challenges. By joining together behind a singular, offered at just $5,000. common cause, CalDesal members benefit from: Act now! • Focused legislative and regulatory advocacy • Grassroots organizing CalDesal Members Include: • Insider news and information • An opportunity to become part of the solution o Regional water utilities o Special district water providers o Cities and counties Why CalDesal? o Private water companies CalDesal is the only advocacy group in California solely dedicated o Desalination firms to advancing the use of desalination. Other organizations choose o Water industry advocates not to engage, or address desalination as part of broader policy o Consultants platforms. CalDesal's narrow focus allows for the most targeted, credible and persistent support for this important technology. Now is the Time! With California in a declared "Water-Supply Emergency" and proposed solutions hinging upon increased precipitation or voter approval, there has never been a more important time to commit to locally produced desalinated water. Opponents of desalination are better funded and better organized than the water industry. But not for long! Help us engage, level the playing field and make desalination a reality. For more information or to join CalDesal contact Paul Shoenberger at (949) 631-1206 or pauls@caldesal.org Website hosting provided by RBF Consulting 1 of 1 3/11/2010 10:22 AM ITEM NO. 3.3 AGENDA REPORT Meeting Date: March 16, 2010 Subject: Customer Feedback Report ATTACHMENTS: Name: cv, i~a$icri: a ype: Customer Feedback.pdf Customer Feedback Backup Material CUSTOMER FEEDBACK 2010 Customer Feedback Calls Data based on date of original request) °��ao G �y G � ,s I�° `� �° Q Jan 152 86 57 31 8 15 2 2 5 30 Feb 164 66 50 28 1 23 4 3 1 11 Mar Jun Jul Oct Nov Dec Explanations: T E = Excellent A = Average P = Poor (Customer Feedback Cards (Data based on date of initial service request) I Rep Taking Call I Response Time I Knowledge e IHandlingofProb I Overall Satisfaction o�G�Q- o``Go� o'`���� 'lk 191 81 5 01 01 0 ITEM NO. 3.4 AGENDA REPORT Meeting Date: March 16, 2010 Subject: General Counsel's Monthly Summary Billing Report ATTACHMENTS: Name: Dosciiption: a ype: MKB - Billing Summary Feb.pdf MKB Billing Summary Report(s) YORBA LINDA WATER DISTRICT MONTHLY SUMMARY BILLING CHART BILLING MONTH: February Matter Matter Date Task Order Name Number Opened Amount CURRENT FISCAL YEAR 2009 -2010 Current Billing Total Billed to Date Total Billed 2008 -2009 February 23, 2010 Current Fiscal Year Prior Fiscal Year CONSTRUCTION CONTRACTS 002 7/31/2007 NIA $3,570.00 $27,387.31 $16,113.90 PROPERTY TAX ALLOCATION 030 $0.00 $1,404.54 $2,085.00 OCWD ANNEXATION 040 1/13/1994 NIA $165-00 $2,722.50 $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 $5,070.52 $63,322.60 $120,193.53 YLWD DEIMER PLANT 069 $1,635.00 $1,635.00 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 $2,373.50 $16,997.44 $43,493.12 CELL TOWER 085 7/28/2006 $15,000.00 $0.00 $2,043.80 $1,012.50 WATER RATESM/ATER CONSERVATION 087 7/31/2006 $10,000.00 $2,487.35 $14,641.85 $76,130.12 BOD PROCEDURES 089 3/27/2006 $5,000.00 $0.00 $0.00 $12,522.50 GRANDVIEW SEWER 091 5/3012007 $10,000.00 $0.00 $545.50 $1,202.50 Matter Matter Date Task Order Name Number Opened Amount Current Billing February 23. 2010 Total Billed to Date Total Billed 2008 -2009 Current Fiscal Year Prior Fiscal Year TOTAL 1 $15,30137 $131,329.38 $290,488.09 McCormick, Kidman & Behrens Charges Month of Feb-2010 Expensed 16,421.37 Job charges 880.00 17,301.37 YTD through Feb-2010 Expensed 121,839.25 Job charges 26,980.13 148,819.38