HomeMy WebLinkAbout2013-06-25 - Executive-Administrative-Organizational Committee Meeting Agenda PacketYorba Linda
Water District
AGENDA
YORBA LINDA WATER DISTRICT
EXEC-ADM IN -ORGAN IZATIO NAL COMMITTEE MEETING
Tuesday, June 25, 2013, 12:00 PM
1717 E Miraloma Ave, Placentia CA 92870
1. CALL TO ORDER
2. ROLL CALL
COMMITTEE STAFF
Director Gary T. Melton, Chair Steve Conklin, Acting General Manager
Director Robert R. Kiley Damon Micalizzi, Public Information Officer
3. 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.
4. ACTION CALENDAR
This portion of the agenda is for items where staff presentations and committee discussions are needed prior to
formal committee action.
4.1. ACWA Election of Board President and Vice - President for 2014 -2015 Term
Recommendation. That the Committee recommend the Board of Directors consider
nominating candidates for the offices of President and Vice - President in the A C WA
Region 10 Election.
4.2. CSDA Region 6 Election of Officers and Board Members for 2013 -2017 Term
Recommendation. That the Committee recommend the Board of Directors consider
candidate nominations for the CSDA Region 6, Seat B Election.
5. 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.
5.1. Status of Legislative Affairs (Verbal Report)
5.2. Status of OCWD Annexation Project (Verbal Report)
5.3. MWDOC Desalination Program Study Participation (Verbal Report)
5.4. Status of Sage and Esperanza Hills Development Projects (Verbal Report)
5.5. Status of Plumosa Property Sale (Verbal Report)
5.6. Status of Operations and Efficiency Study (Verbal Report)
5.7. Revision of District Policies Related to the Acceptance of Gifts (Verbal Report)
5.8. Status of Strategic Plan Initiatives
5.9. Future Agenda Items and Staff Tasks
6. CLOSED SESSION
The Committee may hold a closed session on items related to personnel, labor relations and /or litigation. The
public is excused during these discussions.
6.1. Conference with Legal Counsel — Pending Litigation
Pursuant to Subdivision (a) of Section 54956.9 of the California Government Code
Name of Case: ACWA /JPIA, et al. vs. Insurance Company of the State of Pennsylvania,
et al. (OC Superior Court - Case No. 00486884)
6.2. Conference with Legal Counsel - Anticipated Litigation
Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section
54956.9 of the California Government Code
Related to line break at 1301 North Rose Drive, Placentia CA 92870.
Number of Potential Cases: One
6.3. Conference with Legal Counsel - Anticipated Litigation
Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section
54956.9 of the California Government Code
Related to written communications from potential plaintiffs threatening litigation.
Number of Potential Cases: One
6.4. Conference with Legal Counsel - Anticipated Litigation
Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section
54956.9 of the California Government Code
Related to written communication from potential plaintiff threatening litigation.
Number of Potential Cases: One
7. ADJOURNMENT
7.1. The next Executive - Administrative - Organizational Committee meeting is scheduled to be
held Tuesday, July 16, 2013 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.
AGENDA REPORT
Meeting Date: June 25, 2013
To: Executive-Administrative-
Organizational Committee
From: Steve Conklin, Acting General
Manager
Presented By: Steve Conklin, Acting General
Manager
Prepared By: Cindy Botts, Management
Analyst
Budgeted:
Total Budget:
Cost Estimate:
Funding Source:
Account No:
Job No:
Dept:
Reviewed by Legal:
CEQA Compliance:
ITEM NO. 4.1
N/A
N/A
N/A
N/A
N/A
N/A
Administration
N/A
N/A
Subject: ACWA Election of Board President and Vice - President for 2014 -2015 Term
SUMMARY:
The ACWA Nominating Committee is seeking recommendations from member agencies for
nominations for ACWA President and Vice - President for the 2014 -2015 elected term. The District is
entitled to nominate candidates from its Board of Directors for each of the open positions (President
and Vice - President).
STAFF RECOMMENDATION:
That the Committee recommend the Board of Directors consider nominating candidates for the
offices of President and Vice - President in the ACWA Region 10 Election.
DISCUSSION:
The ACWA President and Vice - President will serve on ACWA's Board of Directors for the next two
year term of office beginning January 1, 2014. Additionally, the newly elected President and Vice -
President will be required to hold seats on the ACWA Executive Committee.
Nomination requirements include the submittal of a resolution of nomination indicating the District's
support for its nominated Director, as well as a resume of the proposed candidate's background for
the ACWA Nominating Committee's review.
All nominations must be received by ACWA prior to September 3, 2013. Nominees will be
considered by the Nominating Committee and candidate interviews for those most qualified will be
scheduled in September. Elections will be held December 4, 2013.
STRATEGIC PLAN:
CP 2 -D: Enhance the District's Regional Water and Wastewater Industry Participation
PRIOR RELEVANT BOARD ACTION(S):
The District has participated in previous ACWA Region 10 elections.
ATTACHMENTS:
Name:
ACWA Region 10 Correspondence.pdf
Description:
ACWA Call for Nominations Correspondence
Type:
Backup Material
Association of
California Water Agencies
Since 1970
MEMORANDUM
TO:
ACWA Member Agencies
Board Presidents and General Managers
CC:
ACWA Board of Directors
FROM:
ACWA Nominating Committee
DATE:
June 7, 2013
SUBJECT:
Call for Candidate Nominations
RECEIVED
JUN 12 2013
YORBA LINDAWATER DISTRICT
ACWA's Nominating Committee is responsible for submitting a slate for the Association's
statewide positions of President and Vice President to the general membership meeting at Fall
Conference.
Nominations must be received in the ACWA office by Tuesday, September 3, 2013, to be
considered by the committee. Candidate interviews are slated for Wednesday, September 18.
The following criteria must be met for names to be considered:
• Only elected or appointed member of the governing body or commission (as
appropriate) of a member agency of the Association shall be eligible for election to the
officer positions.
• Nominations of qualified candidates are encouraged from all member agencies.
• All nominations for the positions of ACWA President and Vice President shall be
accompanied by a resolution of support from the ACWA member agency on whose
board the nominee serves. Said resolution shall be signed by an authorized signatory of
the member agency's Board of Directors.
• A resume of the candidate, highlighting qualifications for the position, shall accompany
each nomination.
It is not necessary to have additional letters or resolutions of support from other agencies, but
the Nominating Committee will review all materials received.
ACWA's Bylaws and Board policies establish the criteria outlined above, which also govern
nominations from the floor. Board policy reads, "Ali nominations received for the positions of
ACWA President and Vice President shall be accompanied by a resolution of support from the
Association of California Water Agencies 910 K Sireet, Suite 100, Sacramento, California 95814 -3777 916/441 -4545 r,x 916 /325 -4849
Hal[ of the States 400 N. Capitol St., NAV., Suite 357 South, Washington, D.C. 20001-1512 202/434 -4760 FAx 202/434 -4763
www.acwa.com
ACWA Member Agencies
Board Presidents and General Managers
Call for Candidate Nominations
June 7, 2013 — Page 2
ACWA member agency on whose board the nominee serves, and signed by an authorized
signatory of the Board of Directors. This policy applies to nominations received in the ACWA
office prior to elections, as well as to all nominations received from the floor at general session
during the floor nomination process" (Policy 0 .3.a.).
We appreciate your interest and participation in this process to find the best qualified
individuals to serve in representing the statewide membership of ACWA. Thank you for your
consideration of our request.
Nominating Committee members include:
Paul Kelley, Region 1
Thad Bettner, Region 2
e Joe Parker, Region 3
Mike Hardesty, Region 4
• David Hodgin, Region 5
• William Diedrich, Region 6
J. Paul Hendrix, Region 7
Stephen Cole, Region S
e Martha Davis, Region 9
Linda Ackerman, Region 10
We ask that candidates not approach Nominating Committee members directly to solicit their
support, but it is acceptable for candidates to interact with the regions, committees, and ACWA
members.
Should you have any questions regarding this process, please contact Clerk of the Board
Donna Pangborn at the ACWA office at 916- 441 -4545 or donna pCcDacwa.com
Enclosures:
I. Basic Information for ACWA Officer Nominees
2. Sample Resolution to Nominate Candidate for
ACWA President or Vice President
Association
of California
Water Agencies
• BASIC INFORMATION FOR ACWA OFFICER NOMINEES
PRESIDENT
• Must be an elected or appointed member of the governing body or commission (as
appropriate) of a member agency of the Association
• Term of office begins January 1 following election
• Term of office -2 years
• Willingness and ability to represent ACWA at a variety of functions / events, including
visits to member agencies for ceremonies, events, and retention efforts
• President unable to succeed him / herself in that office
• Serves on the ACWA Board and presides at all Board meetings — approximately six per
year
• May call special Board meetings with proper notification
• Serves on Executive Committee and presides at meetings — approximately six in- person
meetings and additional teleconference meetings as needed
• Presides over all general membership meetings — potentially two per year
• Appoints members of all committees, including the chair and vice chair of each, upon
recommendation from members and regions (as communicated by the region chairs),
with each such committee chair and vice chair ratified by the Board of Directors
• Appoints task forces and work groups as needed, consistent with and supportive of the
mission of the Association
• Non- voting ex officio member of all committees, except Nominating Committee or
region boards
• Agrees to support ACWA positions on issues of importance to the statewide
membership
• Determines with vice president how to handle attendance at region functions
• Expenses for official ACWA functions are paid by ACWA; spouse registration and meals
are also covered for official ACWA functions
• Receives weekly packets from ACWA
Business cards are provided by ACWA if desired
• Time commitment between Board meetings and events limited to weekly conference
calls with the Executive Director and other Board officers regarding Association matters
BASIC INFORMATION FOR ACWA OFFICER NOMINEES
VICE PRESIDENT
• Must be an elected or appointed member of the governing body or commission (as
appropriate) of a member agency of the Association
• Term of office begins January 1 following election
• Term of office -2 years
• Willingness and ability to represent ACWA at a variety of functions / events
• Assumes all duties in absence of president
• Succeeds president for an unexpired term if vacancy occurs
• Serves on the ACWA Board and presides over Board meetings in the absence of the
President
• Serves on the ACWA Executive Committee
• Serves as chair/ vice chair of task forces / work groups as requested by the President
• Agrees to support ACWA position on issues of importance to the statewide membership
• Determines with president how to handle attendance at region functions
• Budget is provided to cover expenses for official ACWA functions; spouse registration
and meals are also covered for official ACWA functions
• Receives weekly packets from ACWA
• Business cards are provided by ACWA if desired
• Time commitment between Board meetings and events limited to weekly conference
calls with the Executive Director and other Board officers regarding Association matters
• ACInlA / JPIA
— Serves on ACWA / JPIA's Executive Committee —meets approximately 10 times a
year
— Attends ACWA / JPIA Board meetings —meets two times a year
— ACWA / JPIA pays related expenses to attend their meetings
Page 12
Association
of California
Water Agencies SAMPLE RESOLUTION TO NOMINATE CANDIDATE FOR
1 ACWA PRESIDENT OR VICE PRESIDENT
RESOLUTION OF THE BOARD OF DIRECTORS OF
TO NOMINATE AND SUPPORT
AS A CANDIDATE FOR THE POSITION OF ACWA
WHEREAS, ACWA has announced that a Nominating Committee has been formed to develop a slate
for the Association's statewide positions of President and Vice President; and
WHEREAS, the individual who fills an officer position will need to have a working knowledge of water
industry issues and concerns, possess strength of character and leadership capabilities, and be experienced in
matters related to the performance of the duties of the office; and
WHEREAS, this person must be able to provide the dedication of time and energy to effectively serve
in this capacity; and
WHEREAS,
s served in a leadership role as a
member of the Board of Directors since ; and
WHEREAS, (list positions held to demonstrate knowledge of water and leadership)
WHEREAS,
WHEREAS,
WHEREAS, it is the opinion of the
Board of Directors that
possesses all of the qualities needed to fulfill the duties of the office of ACWA
NOW, THEREFORE, BE IT RESOLVED, that the
hereby nominate and support
ACWA
the duties of this office if elected.
PASSED AND ADOPTED by the
meeting of said Board held on the
by the following vote:
Board of Directors does
as a candidate for the office of
pledging the District's support of his /her endeavors in fulfilling
Ayes: Directors
Noes: Directors
Absent: Directors
Board of Directors at a regular
day of , 2013,
AGENDA REPORT
Meeting Date: June 25, 2013
To: Executive-Administrative-
Organizational Committee
From: Steve Conklin, Acting General
Manager
Presented By: Steve Conklin, Acting General
Manager
Prepared By: Cindy Botts, Management
Analyst
Budgeted:
Total Budget:
Cost Estimate:
Funding Source:
Account No:
Job No:
Dept:
Reviewed by Legal:
CEQA Compliance:
ITEM NO. 4.2
N/A
N/A
N/A
N/A
N/A
N/A
Administration
N/A
N/A
Subject: CSDA Region 6 Election of Officers and Board Members for 2013 -2017 Term
SUMMARY:
CSDA's six regions were established to provide geographic balance and representation by its
membership throughout the state. Each region has three seats on the Board. Region 6
encompasses both Orange and San Diego counties and its board members are elected to represent
the issues, concerns and needs of this region. The District is entitled to cast one vote for the Region
6, Seat B position.
STAFF RECOMMENDATION:
That the Committee recommend the Board of Directors consider candidate nominations for the
CSDA Region 6, Seat B Election.
DISCUSSION:
The Region 6, Seat B position will serve on CSDA's Board of Directors for a three year term of office
beginning January 1, 2014. Both individuals running for election of Seat B have included Candidate
Statements for the Board's review. Additionally the Orange County Cemetery District has included a
letter requesting YLWD's support for the re- election of Bill Nelson, an OCCD Board Member and
current Vice - President.
The Region 6 ballot is attached and includes the candidates available for the Seat B position. The
appropriate voting delegate for our agency must complete the ballot. The Board President must
then sign the ballot indicating approval. The completed ballot will need to be returned to CSDA by
August 2, 2013.
STRATEGIC PLAN:
CP 2 -D: Enhance the District's Regional Water and Wastewater Industry Participation
PRIOR RELEVANT BOARD ACTION(S):
The District has participated in previous CSDA Region 6 elections.
ATTACHMENTS:
Name:
CSDA Region 6 Seat B Correspondence. pd
CSDA Region 6 Seat B Ballot.pdf
Description:
CSDA Region 6 Seat B Election Correspondence
CSDA Region 6 Seat B Ballot
Type:
Backup Material
Backup Material
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Districts Association
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CSDA Districts Stronger Together
CALIFORNIA SPECIAL DISTRICTS ASSOCIATION
2013 BOARD ELECTIONS
MAIL BALLOT INFORMATION
Dear Member:
A mail ballot has been enclosed for your district's use in voting to elect a
representative to the CSDA Board of Directors in your Region for Seat B. Each
of CSDA's six (6) regional divisions has three seats on the Board. Each of the
candidates is either a board member or management -level employee of a
member district located in your geographic region. Each Regular Member
(district) in good standing shall be entitled to vote for one (1) director to represent
its region.
We have enclosed the candidate statements for each candidate who submitted
one. Please vote for only one candidate to represent your region in Seat B and
be sure to sign, date and fill in your member district information (in some regions,
there may only be one candidate). If any part of the ballot is not complete, the
ballot will not be valid and will not be counted.
Please utilize the enclosed return envelope to return the completed ballot.
Ballots must be received at the CSDA office at 1112 1 Street, Suite 200,
Sacramento, CA 95814 by 5.00pm on Friday, August 2, 2013.
If you do not use the enclosed envelope, please mail in your ballot to:
California Special Districts Association
Attn: 2012 Board Elections
1112 1 Street, Suite 200
Sacramento, CA 95814
Please contact Charlotte Lowe toll -free at 877.924.CSDA or charlottel(a)csda.net with any questions.
Re -Eleet
Bill Nelson
CSDA Board of Directors
PROVEN EXPERIENCE LEADING
SPECIAL DISTRICTS
I am committed to building on CSDA's present foundation of educational
programs and legislative advocacy. My enthusiasm, commitment and
comprehensive knowledge of special districts bring years of experience to the
CSDA Board. It would be an honor to continue serving special districts in Region 6.
✓ EXPERIENCED LEADER
✓ COMMITTED TO SPECIAL DISTRICTS
✓ FISCALLY RESPONSIBLE
✓ DEDICATED
CSDA EXPERIENCE
❖ Served on Board for three years
❖ Fiscal Committee 2011 -2013
❖ Membership Committee 2013
DISTRICT EXPERIENCE
❖ Appointed to Board of Trustees Orange County Cemetery District in 2003
❖ Chair of the Board 2006 & 2010
❖ Chair of Finance Committee 2004 to present
o Developed an investment strategy that yielded additional $1 million interest income
OTHER LEADERSHIP EXPERIENCE
❖ Board of Directors - California Association of Public Cemeteries since 2008
❖ Board of Directors - Pacific West Association of Realtors - 2004 to 2012
o President 2007, Treasurer 2005, 2009 & 2011
❖ Board of Directors - California Association of Realtors — 2004 -2012
o Served on and Chaired several committees
❖ Board of Directors - National Association of Realtors — 2007 -2009 & 2011 -2012
COMMUNITY INVOLVEMENT
❖ Orange County Grand Jury 2002 -2003
d• Board of Directors - Orange County Grand Jurors Association 2005 to 2011
❖ City of Villa Park Investment Advisory Committee- 2008 to present— Chair past two years
❖ Villa Park Community Services Foundation — Treasurer — 2010 to present
BUSINESS EXPERIENCE
❖ Financial Executive for 25 years with Atlantic Richfield Company (ARCO) & Southern Calif. Gas Co.
EDUCATION
❖ MBA Finance University of Southern California
:• BA Economics California State University Dominguez Hills
George McManigle -- CSDA Board of Directors, Region 6
Growers in California are facing many challenges. Since I moved to a seven acre grove
in Fallbrook in 1993, production techniques, water availability, cost and returns on crops
have been serious issues. Water is now a major concern in the coming years with the
water cutbacks. I believe CDSA plays a major role in addressing these issues.
I have served on the Fallbrook Chamber of Commerce board and as president. I have
been president of Gold Crown Macadamia Association since 1995, 1 was elected two
terms to the Rainbow Municipal Water District board and have served four years as an
alternate on the California Avocado Commission.
My community and agriculture involvement has been to support farming in the area by
considering possibilities beyond the status quo like a certified community kitchen.
Growers are facing serious issues and I think i can contribute in addressing some of
those issues.
George McManigle
Board of Trustees
Leslie Deane
William. E. Nelson
Vivien Owen
Maureen Rivers
Cynthia Ward
June 11, 2013
ORANGE COUNTY CEMETERY DISTRICT
Yorba Linda Water District
Steve Conklin, Acting General Manager
PO Box 309
Yorba Linda, CA 92885
Dear Steve,
District Office
25751 Trabuco Road
Lake Forest, CA 92630 -4348
Phone: (949) 951 -9102
Fax: (949) 951 -0236
www. occemeterydistrict.com
Tim Deutsch
General Manager
The purpose of this letter is to ask for your Board's support for the re- election of Bill Nelson to Seat B, Region
6 of the California Special Districts Association (CSDA) Board of Directors. We ask your Board to please vote
for Bill Nelson in the upcoming election. CSDA mailed out the ballots on June 7, 2013, and they are due back
to CSDA by 5:00 PM on August 2, 2013.
Bill has served on the Orange County Cemetery District (OCCD) Board of Trustees since 2003. During this
time Bill has been a valuable member of the Board and served as Chair of the Board in 2006 and 2010.
Presently he serves as Vice Chair of the Board and Chair of the Finance Committee and member of the
Personnel and Communications & Public Relations Committees.
The OCCD Board initially nominated Bill for the CSDA Board in 2011 and has nominated him for re- election
this year. Bill is committed to building on CSDA's present foundation of educational programs and legislative
advocacy. His enthusiasm, commitment and comprehensive knowledge of special districts bring years of
experience to the CSDA Board.
The OCCD Board respectfully requests that you mark your ballot for Bill Nelson and return it to CSDA by 5:00
PM on August 2, 2013.
Bill's Candidate Statement is attached.
Si y,
L
Tim Deutsch
General Manager
■
r
REGION SIX
0
Seat B - term
ends 2017
Signature:
Member District:
William Nelson*
Orange County Cemetery District
George McManigle
Rainbow Municipal Water District
incumbent
ITEM NO. 5.1
AGENDA REPORT
Meeting Date: June 25, 2013
Subject: Status of Legislative Affairs (Verbal Report)
ATTACHMENTS:
Description: Type:
CSDA Legislative Alert.pdf Backup Material Backup Material
` Califomia Special
r
Districts A55Rcialion
CA U L] G1 Districts Stronger Together
A I ►11 Mill 05!
Public Records Act Mandate Status Remains in Flux
The Legislature and the governor responded with mixed messages this week to the outcry from media outlets and
transparency advocates throughout the state surrounding changes to the California Public Records Act (CPRA) mandate
approved by the Legislature as part of the state budget. Solutions offered by the Legislature to date include a re -write of
a budget trailer bill to remove the mandate suspension, as well as constitutional amendments that may take away future
reimbursements of the CPRA permanently. Having initially stated he would support a voter - approved constitutional
amendment, Governor Jerry Brown announced this afternoon that he will also support immediately reversing the budget
trailer bill.
Regardless of potential remedies pursued, special districts are encouraged to maintain their already high standards of
public access and accountability to their constituents. Transparency is a keystone of local governance. The CPRA
mandate suspension issue will continue to fluctuate long after the state budget is signed next week, and your district
should be prepared for additional scrutiny regarding your local public records practices.
The follow talking points may be useful in response to inquiries:
• We are committed to openness and transparency in all aspects of our district's delivery of core local services to
our community.
• We hold in high regard public engagement in government. This requires making public records accessible to
ensure the public can participate in an informed, meaningful way.
• We are, and should be, accountable first and foremost to the local residents we serve and the voters in our
community.
The intense scrutiny on local governance is one reason why CSDA, in partnership with the Special District Leadership
Foundation, created the District Transparency Certificate of Excellence. This free recognition is a tangible
acknowledgement of a district's transparency efforts that demonstrate to your constituents and other stakeholders your
district's commitment to being open and accessible.
For background information on the CPRA, budget trailer bill and other legislative proposals under consideration, visit
CSDA's Grassroots Action Center.
If you have any questions, please contact Dorothy Holzem at dorothyhcdcsda.net.
For the latest professional development opportunities on mandated reimbursements, the Public Records Act and the
Public Meeting Law (Brown Act), attend CSDA's Annual Conference, September 16 -19, in Monterey. Register today and
take advantage of informative breakout sessions, including:
Mandate Reimbursements: What's Still Available and When Will You Get Paid? Nichols Consulting
The People's Business — Public Meeting Law (Ralph M. Brown Act) and the Public Records Act, Liebert
Cassidy Whitmore
Let's Be Clear: Plain Language for Local Government, Burke Williams Sorensen
Meeting Date:
Subject:
ATTACHMENTS:
AGENDA REPORT
June 25, 2013
ITEM NO. 5.7
Revision of District Policies Related to the Acceptance of Gifts (Verbal Report)
2010 04 08 - Resolution No 10- 05.pdf
2013 -CURR - Personnel Rules.pdf
Description:
Backup Material
Backup Material
Type:
Backup Material
Backup Material
RESOLUTION NO. 10 -05
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, 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, 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
Resolution No. 10-05 Adopting Rules and Procedures Relative to the Conduct of Board Members and District Employees
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 Propertv 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 6. 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.
Resolution No. 10 -05 Adopting Rules and Procedures Relative to the Conduct of Board Members and District Employees 2
(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
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 financial
interest, the following procedure shall be followed:
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 -Em to ment 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
Resolution No. 10 -05 Adopting Rules and Procedures Relative to the Conduct of Board Members and District Employees
1
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)
Resolution No. 14.05 Adopting Rules and Procedures Relative to the Conduct of Board Members and Distnct Employees
1
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.
Board members will address matters within the authority of the General Manager
through the General Manager, not directly through District employees. 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 Reportina 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.
Resolution No 10 -05 Adopting Rules and Procedures Relative to the Conduct of Board Members and District Employees
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 25th day of March, 2010, by the following called vote:
AYES. Beverage, Collett, Hawkins, Mills and Summerfield
NOES. None
ABSTAIN: None
ABSENT None
ATTEST
Ken Vecchiarelli, Secretary
Yorba Linda Water District
Reviewed as to form by General Counsel:
; � �So � 9�— ::::: � �-�
Arthur G. Kidman, Esq.
McCormick, Kidman and Behrens
William R. Mills, Pr
Yorba Linda Water
ct
Resolution No 10-05 Adopting Rules and Procedures Relative to the Conduct of Board Members and District Employees
Yorba Linda Water District
Personnel Rules
6.07 NEPOTISM
page 28
No member of the immediate family of an employee as defined in Rule 2 may be hired
when the employee would have control of the employment status or employment
conditions of the immediate family member.
The District reserves the right to refuse to place one family member in the same
department where such has the potential for creating adverse impact on supervision,
safety, security or morale. If co- employees become members of the same family or
reside in the same household, the District shall make reasonable effort to reassign
one or the other, without discrimination, so as to make it possible for both to continue
to be employed by the District. In the event the District is not able to make a job
assignment consistent with this rule, then the least senior of the two employees shall
be terminated.
6.08 CONFLICTS OF INTEREST
District employees should serve the needs of all customers equally without regard to
their personal gain. It is the policy of the District that all employees avoid situations
which might be interpreted as involving or creating a conflict of interest between the
employee's duties and responsibilities as a District employee and the employee's
personal and private interest.
Employees should not take part in the consideration of any application, proceeding or
other matter involving their own personal property, real estate, investment or other
interest, or that of any relative or close personal acquaintance. In all such situations,
the employee should disclose the nature of the relationship to their supervisor and
request to be relieved of any responsibility or involvement in such matter.
The acceptance of gifts, favors, or any other form or compensation or gratuity may be
viewed as influencing or compromising or attempting to influence or compromise the
judgment of an employee. To prevent such a conflict, employees shall discourage any
offer of a gift or favor or any form of compensation or gratuity. Gifts that can and shall
be shared with office staff, such as boxes of candy, flowers and food, may be viewed
as exceptions. Employees who receive or are offered an unauthorized gift, favor or
gratuity should consult their Department Head to determine an appropriate response
to the donor.
6.09 DRUG AND ALCOHOL FREE WORKPLACE (Subject to Revision)
Because drug and alcohol use can detrimentally affect job performance and
employee safety, the District is committed to achieving and maintaining a drug and
alcohol free workplace. While the District has no intention of intruding into the private
AGENDA REPORT
Meeting Date: June 25, 2013
ITEM NO. 5.8
Subject: Status of Strategic Plan Initiatives
ATTACHMENTS:
Description: Type:
EAO - Strategic Plan Trackinq.xlsx May Strategic Plan Initiatives Backup Material
Strategic Plan Initiatives Status Report
Executive - Administrative - Organizational Committee
Strategies
Start Date
Completion
Lead Party
May 2013 Progress
Date
CP 1: Increase Brand Reco nition within
the Communit
Have Board of
Directors and YLWD
Staff Attend More
Immediately
Attendance at standing
BOD /GM /PIO/
CP 1 -C
Local and Regional
following Nov-
On -going
intergovernmental
Staff
Events and Inter-
2010 election
meetings
governmental
Meetings
CP 2: Increase Public Awareness of Water and Wastewater Related Issues
(1) Customer received a
Provide Financial
rebate for Rotating
Incentives and
Nozzles and /or WBIC.
CP 2 -A
Jul -11
On -going
BOD /GM /PIO
Rebates for Water Use
MWDOC Turf Removal
Efficiency
Program & Synthetic Turf
Program tabled.
Consider Participation
in the California
Urban Water
Committee Opted Not to
CP 2 -C
Conservation
Sep -11
Dec -11
GM
Move Forward
Council's Best
Management Practices
Enhance the District's
Regional Water and
CP 2 -D
On -going
On -going
BOD /GM /Staff
On -going
Wastewater Industry
Participation
WE 1: Retain a Highly Skilled
and Capable Workforce
Attended Groundwater
Encourage Staff
Producers Meeting, &
Participation in
Public Affairs Meeting.
WE 1 -F
Professional
On -going
On -going
General Manager
Attended quarterly OC
Organizations and
Water Operations
Local Civic Groups
Managers Association
meeting.
WE 3: Enhance Employee Relations
Implement a Program
On -Hold due to higher
WE 3 -A
to Recognize
Jul -11
Sep -11
EPIC Committee
priority Staff projects in
Employees for
Excellence
process
WE 3 -13
Conduct Quarterly All-
Jul -11
Quarterly
General Manager
Held January 23, 2013
Hands Meetings
Continue to
WE 3 -C
Encourage Employee
On -going
On -going
General Manager
On -going
Training in Leadership
and Technology
SR 2: Explore
Service Boundary Opportunities
Evaluate Feasibility of
SR 2 -A
Providing Additional
Jul -11
Jun -12
General Manager
On -going
Water Services with
the Region
Evaluate Feasibility of
SR 2 -13
Providing Additional
Jul -11
Jun -12
General Manager
On -going
Wastewater Services
with the Region
Evaluate Feasibility of
SR 2 -C
Providing Other
Jul -11
Jun -12
General Manager
On -going
Professional Services
with the Region
SR 1: Work Toward Service Reliability and Efficient
Comments on the Draft
Continue with Efforts
EIR are being reviewed
SR 1 -A
to Annex District
On -going
On -going
General Manager
and the Final EIR is
Service Area to Orange
scheduled to be submitted
County Water District
to OCWD for review in
August 2013
Engage with Regional
SR 1 -C
Agencies on Water
On -going
On -going
General Manager
N/A
Supply Issues
Update of Emergency
Strengthen Existing
Emergency
Response Plan in process
Safety and Training
SR 1 -D
Emergency Operations
On -going
On -going
Operations
Coordinator position
Partnerships
Coordinator /GM
approved for hire in FY
2013 -14
FR 3: Identify and Develop Additional Revenue Options
Research and Obtain
On -going assessment
FR 3 -A
Grant Funding
On -going
On -going
General Manager
through Townsend Public
Whenever Feasible
Affairs
OE 2: Address Inefficiencies Identified
in
the Self- Assessment Survey
Revised from
Identify Core
EPIC Committee
Included in Operations &
OE 2 -A
Jul -11
Jun -12
Inefficiencies
to Koff & Assoc.
Efficiency Study
for O &E Study
Revised from
Develop Measurable
EPIC Committee
Included in Operations &
OE 2 -13
Aug -11
Jun -12
Productivity Goals
to Koff & Assoc.
Efficiency Study
for O &E Study
Revised from
Engage Employees in
EPIC Committee
Included in Operations &
OE 2 -C
Methods of Addressing
Sep -11
Jun -12
to Koff & Assoc.
Efficiency Study
Inefficiencies
for O &E Study
OE 3: Consider Utilization of a Peer Review Survey
Determine the Cost
Management
Completed Feb 2012
OE 3 -A
Benefit Ratio of a Peer
Jul -11
Sep -11
Analyst
Meeting
Review Survey
Establish a Team to
Opted Not to Move
OE 3 -13
Determine the Focus
Sep -11
Oct -11
EPIC Committee
Forward with Peer Review
of the Survey
Survey
Institute Guidelines
Opted Not to Move
OE 3 -C
for Areas to Be
Sep -11
Dec -11
EPIC Committee
Forward with Peer Review
Addressed
Survey