HomeMy WebLinkAbout2014-01-13 - Executive-Administrative-Organizational Committee Meeting Agenda Packet
AGENDA
YORBA LINDA WATER DISTRICT
EXEC-ADMIN-ORGANIZATIONAL COMMITTEE MEETING
Monday, January 13, 2014, 4:00 PM
1717 E Miraloma Ave, Placentia CA 92870
1. CALL TO ORDER
2. ROLL CALL
COMMITTEE
Director Robert R. Kiley, Chair
Director Ric Collett
STAFF
Steve Conklin, Acting General Manager
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. Proposed Extension of Professional Services Agreement with Townsend Public Affairs
Recommendation: That the Committee recommend the Board of Directors consider
extending the Professional Services Agreement with Townsend Public Affairs at a
fee of $5,000 per month.
4.2. Agreement for Placentia and YLWD Turf Replacement Demonstration Project
Recommendation: That the Committee recommend the Board of Directors approve
the Cooperative Agreement for City of Placentia and Yorba Linda Water District Turf
Replacement Demonstration Project at an estimated cost of $58,000.
4.3. Board of Director Non-Member Attendance at Committee Meetings
Recommendation: That the Committee consider the options available for
implementation of this proposed policy and provide a recommendation to the Board
of Directors.
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
5.2. Director Attendance as Observers at OCSD Meetings (Verbal Report)
5.3. Committee Activities Recap and Forward Planning Objectives
5.4. Status of Sage and Esperanza Hills Development Projects (Verbal Report)
5.5. Status of Joint Agency Meetings with City of Placentia and City of Yorba Linda (Verbal
Report)
5.6. Status of Efforts to Obtain SDLF District of Distinction Accredidation
5.7. Status of Strategic Plan Initiatives
5.8. 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 – Pending Litigation
Pursuant to Subdivision (a) of Section 54956.9 of the California Government Code
Name of Case: City of Anaheim vs. Ana J. Matosantos, et al. (Superior Court of CA,
Sacramento – Case No. 34-2013-80001529)
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 line break at 1301 North Rose Drive, Placentia CA 92870.
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 communications from potential plaintiffs threatening litigation.
Number of Potential Cases: One
6.5. Conference with Real Property Negotiators
Pursuant to Section 54956.8 of the California Government Code
Property: 4622 Plumosa Drive, Yorba Linda CA
Agency Negotiators: Steve Conklin
Negotiating Parties: To Be Determined
Under Negotiation: Price and Terms of Payment
7. ADJOURNMENT
7.1. The next Executive-Administrative-Organizational Committee meeting is scheduled to be
held Tuesday, February 10, 2014 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. 4.1
AGENDA REPORT
Meeting Date: January 13, 2014 Budgeted:Yes
Total Budget:$60,000 FY 2013/14
To:Executive-Administrative-
Organizational Committee
Cost Estimate:$60,000 FY 2013/14
Funding Source:Water Operating
Fund
From:Steve Conklin, Acting General
Manager
Account No:1-1010-0780-00
Presented By:Steve Conklin, Acting General
Manager
Dept:Board of Directors
Prepared By:Annie Alexander, Executive
Secretary
Subject:Proposed Extension of Professional Services Agreement with Townsend Public
Affairs
SUMMARY:
The previously executed Professional Services Agreement with Townsend Public Affairs (TPA)
ended December 31, 2013. TPA has proposed to extend its services agreement for continued
legislative advocacy to June 30, 2014 at the same contract terms.
STAFF RECOMMENDATION:
That the Committee recommend the Board of Directors consider extending the Professional
Services Agreement with Townsend Public Affairs at a fee of $5,000 per month.
DISCUSSION:
Townsend Public Affairs (TPA) has requested to extend their Professional Services Agreement for
government relations and advocacy services through June 30, 2014. While TPA has not suggested
any revisions to the initial Scope of Work, they have stated that they would be happy to
accommodate any changes requested by the Board of Directors.
The approved budget for FY 2013/14 includes $60,000 for Legislative Consultants which would fund
services through June 30, 2014. A copy of TPA's supplement contract and their August 2011
Proposed Scope of Services are attached for information and consideration.
STRATEGIC PLAN:
CP 1-A: Enhance Resources for Public Information and Governmental Affairs Division
PRIOR RELEVANT BOARD ACTION(S):
By majority vote, the Board of Directors approved a Professional Services Agreement with
Townsend Public Affairs on August 25, 2011.
ATTACHMENTS:
Name:Description:Type:
TPA_Contract_Supplement.pdf Backup Material Backup Material
TPA_Scope_of_Services.pdf Backup Material Backup Material
TOWNS END
PUBLIC AFFAIRS
r =T TPA 1990
January 7, 2014
Yorba Linda Water District
Attention: Steve Conklin, General Manager
1717 E Miraloma Ave
Placentia, CA 92870
RE: Supplement to Contract #2
Dear Mr. Conklin,
Enclosed, please find two originals of the "Supplement to Contract #2" between Yorba Linda
Water District and Townsend Public Affairs, Inc. Please sign one original and return to our office
in the enclosed self addressed stamped envelope.
If you have any
questions
or concerns, please
feel free to contact me by phone at
(949) 399 -9050 or
by e -mail at
CDavis @Townsendpa.com.
Sincerely,
Chrysten Davis
Director of Operations
Enclosures
2 Contracts
Return Envelope
1401 Dove Street, Suite 330 • Newport Beach, CA 92660 • o 949- 399 -9050 - F 949 - 476 -8215
SACRAMENTO - WASHINGTON, DC - SOUTHERN CALIFORNIA - NORTHERN CALIFORNIA
WWW.TOWNSENDPA.COM
SUPPLEMENT TO
CONTRACT FOR CONSULTING SERVICES (#2)
THIS SUPPLEMENT TO CONTRACT FOR CONSULTANT SERVICES
(“Supplement”) is made and entered into this _____ day of January, 2014 by and
between the Yorba Linda Water District (“Client”) and Townsend Public Affairs,
Inc., a California corporation (“Consultant”).
R E C I T A L S
A. Client and Consultant have entered into that certain “Professional
Services Agreement between the Yorba Linda Water District and Townsend
Public Affairs, Inc.” dated as of August 25, 2011 (“Contract”) and Amendment #1
dated February 14, 2013.
B. The parties to this Supplement desire to change the term of the
Contract as set forth herein.
NOW, THEREFORE, for good and valuable consideration, the receipt of
which is hereby acknowledged, the parties hereto supplement and amend the
Contract as hereinafter set forth.
1. The term shall now be extended through June 30, 2014.
2. All other terms and conditions of the Contract, except as set forth
herein, shall remain in full force and effect.
WHEREFORE, this Supplement is executed by the parties as of the date set
forth above.
CLIENT: Yorba Linda Water District
By: _____________________________
Steve Conklin
Acting General Manager
CONSULTANT: TOWNSEND PUBLIC AFFAIRS, INC.
a California corporation
By: _____________________________
Christopher Townsend
President and Secretary
le E?CN f h l Iq Cr &A)-r/A; a cb
Toinseud
PUBI IC: AFFAIRS INC
MEMORANDUM
To: Yorba Linda Water District, Board of Directors
From: Christopher Townsend, President
Heather Stratman, Senior Director
Casey Elliott, State Capitol Director
Matthew Hicks, Associate
Date: August 25, 2011
Subject: Government Relations & Advocacy
Proposed Scope of Services for FY 2011 -2012
This document is intended to serve as a proposal for advocacy and government
relations services for the Yorba Linda Water District (YLWD) for the Fiscal Year 2011-
2012. The document identifies and outlines the proposed services provided by
Townsend Public Affairs (TPA) for consideration by YLWD. TPA has identified a
number of local and state legislative and policy issues of concern to YLWD. Those
include, but are not limited to, the items listed below.
Orange County Sanitation District — Board of Directors Seat
Background
• The Orange County Sanitation District (OCSD) is a special district established by
the California State legislature and governed by a 25- member board of directors.
• Under California Health and Safety Code 4730.65, legislation will be required for
the Yorba Linda Water district to obtain a seat on the Board. The Yorba Linda
Water District is entitled to this seat as the "public agency empowered to and
engaged in the collection, transportation, treatment or disposal of sewage" for the
City of Yorba Linda.
Advocacy
TPA proposes to provide support to YLWD, specific to the following activities:
• TPA will provide strategic consulting and advocacy regarding generating local
support among legislators and member agencies for granting a seat to the Yorba
Linda Water District on the Board of the Orange County Sanitation District.
• TPA will work with Senator Bob Huff and Assemblyman Curt Hagman, as co-
authors, to refine this legislative concept and then introduce legislation.
• TPA will assist in guiding the bill through Legislative Counsel, the Committee
Process, and ultimately passage through the Legislature.
• TPA will outreach to key stakeholders to ensure there is broad range support for
this proposal, including, but not limited to, OCSD and City of Yorba Linda.
• TPA will work to ensure the bill is approved by the Legislature and signed by the
Governor.
Orange County Transportation Authority
Background
• The Orange County Transportation Authority has notified the Yorba Linda Water
District of its intention to conduct street repairs that would impact YLWD's
water /sewer lines and operations.
• Based on an existing right -of -way YLWD is not financially or legally responsible
for repairs and improvements to the lines as the result of OCTA's work within the
street(s).
• YLWD has issued a letter to OCTA providing information on the existing right -of-
way and is awaiting a response from CCTA.
Advocacy:
TPA proposes to provide support to YLWD, specific to the following activities:
• TPA will provide strategic consulting and advocacy regarding OCTA's action
subsequent to responding to YLWD's letter.
• TPA will work with OCTA staff and Board Members to educate them about
YLWD's specific circumstances
• TPA, as needed, will engage other key stakeholders into the decision making
process in support of YLWD's position.
State Legislation
Background
• TPA will provide ongoing strategic consulting
YLWD as needed, including but not limited t o
reporting and special legislative services such
District require special legislation.
• TPA will consult with YLWD staff and the Board
arise throughout the year.
BudgetlCost Proposal
and advocacy services for the
legislative monitoring, analysis,
as running legislation should the
of Directors as issues and needs
TPA proposes the following monthly fee for services that would include the entire scope
of work detailed above:
• September 1, 2011 — February
29, 2012:
$3,000
per
month
• March 1, 2012 — December 31,
2012:
$5,000
per
month
In summary, TPA would greatly enjoy the opportunity to work with the Yorba Linda
Water District. We welcome your feedback and thank you for your consideration.
ITEM NO. 4.2
AGENDA REPORT
Meeting Date: January 13, 2014 Budgeted:No
To:Executive-Administrative-
Organizational Committee
Cost Estimate:$58,000
From:Steve Conklin, Acting General
Manager
Presented By:Steve Conklin, Acting General
Manager
Reviewed by Legal:Yes
Prepared By:Steve Conklin, Acting General
Manager
CEQA Compliance:Pending
Subject:Agreement for Placentia and YLWD Turf Replacement Demonstration Project
SUMMARY:
As an outgrowth of YLWD/City of Placentia Joint Agency Committee meetings and discussions, the
District agreed to participate with the City in a Turf Replacement Demonstration Project. The City
obtained and provided project and cost documentation and recommended various options for
District participation in the project. At its meeting on November 22, 2013, the Executive-
Administrative-Organizational Committee agreed with the option where the District would advance
the City the total amount needed for the project, estimated to be approximately $58,000, with the
City paying the District back half the advanced cost over five years in equal annual installments. A
draft Cooperative Agreement has been prepared and is provided for review and consideration by
the Committee.
STAFF RECOMMENDATION:
That the Committee recommend the Board of Directors approve the Cooperative Agreement for City
of Placentia and Yorba Linda Water District Turf Replacement Demonstration Project at an
estimated cost of $58,000.
DISCUSSION:
A summary of the details concerning the project are provided in the Recitals of the attached
Agreement.
ATTACHMENTS:
Name:Description:Type:
Agmt_for_Placentia-YLWD_Demo_Proj.pdf Agreement for Turf Replacement Project Backup Material
COOPERATIVE AGREEMENT
FOR CITY OF PLACENTIA AND YORBA LINDA WATER
DISTRICT TURF REPLACEMENT DEMONSTRATION PROJECT
THIS COOPERATIVE AGREEMENT ( "Agreement') is made as of this day of
, 2014, by and between City of Placentia, a Charter City and a
municipal corporation ( "Placentia "), and the Yorba Linda Water District, a
municipal corporation ( "YLWD "). Placentia and YLWD are sometimes referred to
collectively herein as the "Parties."
RECITALS
A. Placentia maintains, on land owned by Placentia, three landscaped
medians (the "Median Islands ") in the center of Yorba Linda Boulevard,
located between McCormick and Linda Vista in Placentia.
B. The Median Islands are located within Placentia and YLWD boundaries.
C. Placentia waters the Median Islands with water purchased from YLWD.
D. To conserve water resources it is desired to remove and replace the
existing turf (approximately 7,986 square feet of turf) on the Median
Islands with artificial turf with the remaining landscape features remaining
intact.
E. As provided herein, the YLWD Board of Directors has agreed to advance
Placentia the total amount of funds needed for removal and replacement
of the existing turf on the Medial Islands in a project known as the City of
Placentia and Yorba Linda Water District Turf Replacement
Demonstration Project, hereinafter referred to as the 'Project'.
F. The Project serves as a demonstration project to highlight a partnership
between Placentia and YLWD to conserve water and eliminate the use of
pesticides and fertilizers on median islands.
G. The Project benefits Placentia through water conservation and reduced
maintenance cost, while assisting YLWD to meet its SB x7 -7
conservation requirements.
H. Placentia and YLWD have met and agreed upon the Project scope as
described in the attached Exhibit "A."
I. As
set
forth herein, YLWD
will
advance the total Project construction
cost
for
the
Project, subject to
the
limitations herein, and Placentia will
pay
YLWD back one -half of the total Project construction cost in annual
increments over a five -year period.
NOW, THEREFORE, in consideration of the premises and the respective and
mutual promises and agreements hereinafter set forth, the Parties hereby
promise and agree as follows:
1. Placentia Obligations. Placentia shall:
a. Prepare the plan, specifications, and cost estimates for the Project
and retain contractors to perform work on the Project
b. Have jurisdiction of the construction area during construction for the
purposes of authority over all aspects of the Project.
c. Be the construction agent for the Parties to do and perform all acts
necessary or required in order to construct the Project in accordance with plans
and specifications, including material control, inspection of the work, and
execution and delivery of documents necessary or required in completion of the
Project, including notice of final inspection, certification of day labor, equipment,
and material cost, and certification of the Project.
d. Require each contractor retained to perform work on the Project to
provide the following insurance: (1) Commercial General Liability ( "CGL ")
insurance; (2) Automobile Liability insurance; and (3) Workers' Compensation
and Employer's Liability insurance. Each CGL policy shall identify YLWD and its
officials, employees, officers, and agents (collectively, the "Covered Parties ") as
additional insureds, or be endorsed to identify Covered Parties as additional
insureds. Each CGL policy shall have liability coverage limits of at least
$1,000,000 per occurrence for bodily injury, personal injury and property
damage, and either a $2,000,000 aggregate total bodily injury, personal injury
and property damage for all operations. Each Automobile Liability policy shall
require coverage for "any auto" and shall have limits of at least $1,000,000 for
bodily injury and property damage, each accident, and shall use ISO policy form
"CA 00 01," including owned, non -owned and hired autos, or the exact
equivalent. Each contractor shall cover or insure the existence of coverage
under the applicable laws relating to Workers' Compensation insurance, all of
their employees employed directly by them or through subcontractors at all times
in carrying out work for the Project in accordance with the 'Workers'
Compensation and Insurance Act" of the California Labor Code and any
amendatory Acts and shall provide Employer's Liability insurance with limits of at
least $1,000,000 each accident, $1,000,000 disease policy limit, and $1,000,000
disease each employee. Each insurance policy shall be primary insurance as
respects the Covered Parties for all liability arising out of the activities performed
by or on behalf of the contractor and any insurance, pool coverage, or self -
insurance maintained by the Covered Parties shall be excess of the contractor's
insurance and shall not contribute to it. All insurance coverage maintained or
procured by each contractor shall be endorsed to waive subrogation against the
Covered Parties. These requirements shall be added to each contractor's
contract for work on the Project.
e. Add language to each contractor's contract for work on the Project
that the contractor shall indemnify, hold harmless, and defend the Covered
Parties from any and all actions, suits, claims, and damages liabilities, including
costs and attorney's fees, whether or not suit is actually filed, and any judgment
rendered against any or all of the Covered Parties, that may be asserted or
claimed by any entity arising out of or in connection with contractor's work,
operations, or activities pertaining to this Agreement.
f. Serve as lead agency as designated pursuant to the
implementation of CEQA.
g. Obtain YLWD's prior written consent, which shall not be
unreasonably withheld, before awarding any contracts for construction of the
Project.
h. Reimburse YLWD the total of one -half of the total Project
construction cost in equal annual increments over a five -year period beginning
with a first payment on July 1, 2014.
2. YLWD Obligations. YLWD shall:
a. Review and approve plans and specifications as to constructability,
operation, and maintenance of the Project as it relates to YLWD.
b. Have access to the progress of construction for the purpose of
inspection, and should YLWD deem any remedial measures necessary prior to
Placentia's acceptance of the work, YLWD shall notify Placentia in writing.
c. Advance to Placentia the total outside contractor amount needed
for construction of the Project (estimated to be $57,000 before MWDOC rebate
as set forth in Exhibit "A").
d. Apply for the MWDOC rebate for the Project. If the rebate is
approved for the Project, the rebate will be accounted for by YLWD in the final
computation of the total Project construction cost when the rebate is received by
YLWD. YLWD shall have no liability regarding the rebate amount If MWDOC
does not approve the rebate or issue the rebate.
3. Mutual Agreements. It is mutually agreed between the Parties that:
a. The Covered Parties, both individually and collectively, shall not be
responsible for any damage or liability occurring by reason of anything done or
omitted to be done by Placentia under in or in connection with any work
delegated to Placentia under this Agreement. It is also understood and agreed
that, pursuant to Government Code Section 895.4, Placentia shall defend,
indemnify, and hold the Covered Parties harmless from any liability imposed for
injury (as defined by Government Code Section 810.08) occurring by reason of
anything done or omitted to be done by Placentia under or in connection with any
work delegated to Placentia under this Agreement.
b. YLWD shall have the sole discretion to make or approve change
orders related to the Project.
c. Any construction cost not previously approved in writing by YLWD
shall be the sole responsibility of Placentia and shall not count in the computation
of total Project construction costs.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of
the date and year first written above.
CITY OF PLACENTIA YORBA LINDA WATER DISTRICT
City Administrator
ATTEST:
City Clerk
City of Placentia
APPROVED AS TO FORM:
City Attorney
Steve Conklin
Acting General Manager
President
Yorba Linda Water District
KIDMAN LAW LLP
Arthur G. Kidman, Esq.
YLWD General Counsel
OC Turf and Putting Greens
24548 Sunshine Dr.
Laguna Niguel, CA 92677
Lic.0 -27 & D -12 # 941912
Phone # 714 - 290 -2082
Fax# 949 -495 -4047
www. octu rfand putti ngg reens....
City of Placentia
Antonia Castro - Graham
401 East Chapman Ave.
Placentia, Ca. 92870
Job site: Yorba Linda Blvd. Mediums
From: Mc Cormack to Linda Vista
cxL; 6t -r'; 0
Remove existing turf and soil down to allow approx. 3 inches of
base, haul the dirt and grass away.
Cap irrigation system.
Install bubblers for trees in grass areas as needed.
Install bender boards as needed
Compact existing natural soil where required - import the base -
compact - level and sculpt or properly grade to allow proper
water run off.
Grade sub base towards existing water drains to allow proper
drainage.
Turf style (Diamond Light Fescue 65oz. face weight). We cut a
little bit longer on the edges to allow a perfect edge tucking
finish, this step along with proper sculpting are key to achieving
a natural appearance.
We use 6" nails every 4 inches on all the edges, seams and in
the field every 3 ft. apart disbursed in a random pattern.
Power broom the turf to bloom the blades upright.
Infill the turf with Sand using 1 pound per square foot ratio.
Groom it again for final touch.
Clean and remove all debris and air blow the entire area.
Approx. Sq.Ft. 7,766 Sq.Ft.
Note: For every tree in the Turf area, we will installed bender
board and a buubler. $30.00 Per Tree.
7.766
Estimate
Date Estimate #
1/29/2013 1007
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00 0.00
0.00 0.00
0.001 0.00
0.001
0.00
0.00
0.00
0.00
0.00
0.00
0.00
7.251 56,303.50
0.00 0.00
Total $56,303.50
ITEM NO. 4.3
AGENDA REPORT
Meeting Date: January 13, 2014
To:Executive-Administrative-
Organizational Committee
From:Steve Conklin, Acting General
Manager
Presented By:Steve Conklin, Acting General
Manager
Reviewed by Legal:Pending
Prepared By:Annie Alexander, Executive
Secretary
Subject:Board of Director Non-Member Attendance at Committee Meetings
STAFF RECOMMENDATION:
That the Committee consider the options available for implementation of this proposed policy and
provide a recommendation to the Board of Directors.
DISCUSSION:
At the December 23, 2013 meeting, the Board of Directors considered the possibility of authorizing
non-member Director attendance at Committee meetings. During this same meeting, the Board also
reviewed the District's current policy as it relates to non-member Directors' compensation for
attendance at Committee meetings. Following discussion, the Board determined to return this
matter back to the Executive-Organizational-Committee for further examination. Based on the dialog
that occurred during the Board meeting, staff has prepared the following options for implementation
of this proposed policy modification.
Option A
1.Authorize non-member Director attendance at Committee meetings given they refrain from
participation in accordance with the Brown Act.
2.Non-member Directors wishing to attend and participate in Committee meetings would need to
notify staff prior to posting of the agenda so the meeting can be noticed appropriately.
3.Non-member Directors would need to obtain pre-authorization or post-ratification from the full
Board for attendance at Committee meetings in order to receive compensation (per Ordinance
No. 03-01).
Option B
1.Determine to notice all Committee meetings as regular Board meetings in order to facilitate
non-member Director attendance and participation.
2.Non-member Directors would not need to receive pre-authorization or post-ratification from the
full Board for their attendance at Committee meetings in order to receive compensation.
As noted in the attached memo, Mr. Kidman has advised that in those circumstances where a non-
member Director is in attendance at a Committee meeting, legal counsel should be present in order
to facilitate adherence to the Brown Act. In addition, if the District's Committee meetings were to be
noticed as regular Board meetings, it would be similarly recommended to have legal counsel
present as this is current practice.
Should the Board decide to move forward with either Option A or B, no changes would be
necessary to the current budget as the amount of compensation for Director attendance at meetings
of the Board or those attended at the request of the Board is set at $150 per day and cannot exceed
10 days per calendar month. Some revisions may be necessary to the Board of Directors Rules for
Organization and Procedure (Resolution No. 11-15) which will require the assistance of legal
counsel. Staff may also need up to 2 weeks to work with the vendor to implement the required
changes in NovusAgenda.
ATTACHMENTS:
Name:Description:Type:
Kidman_Memo_RE_BOD_Non-
member_Attendance_at_Comm_Mtgs.pdf Backup Material Backup Material
Kidman Law LLP
Water | Environment | Government
MEMORANDUM
TO: Steve Conklin
Acting General Manager
FROM: Art Kidman
General Counsel
DATE: December 19, 2013
RE: Board of Director Compensation
Non-member Attendance at Committee Meetings
__________________________________________________________________
Issue Presented: May a member of the Board of Directors attend a meeting of a Board
committee of which he is not a member and draw a daily stipend for
attending the meeting?
Answers: Meetings of committees comprised of Board members must be open to the
public and, therefore, any Director is permitted, subject to specific
limitations, to attend committee meetings even if he is not a member of the
committee. Under current policies set by the Board, however, a Director
may draw a daily stipend for attending a committee meeting where he is
not an appointed committee member only if his attendance at the
committee meeting is requested by the Board. Alternatives are available to
authorize compensation for such meeting attendance.
DISCUSSION
The issues presented deal with two legal principles which will be addressed separately.
The first legal principle is whether and under what conditions a director is permitted by law to
attend a Board committee meeting when he is not a member of the committee. The second issue
is whether and under what conditions a Director may be compensated for attendance at a Board
committee meeting when he is not a member of the committee.
A. A Board member may attend any Board committee meeting; but must refrain from
any participation in the committee’s deliberations.
The Ralph M. Brown Act is our State’s open public meetings law. The Brown Act
broadly prohibits public agency decisions and deliberations leading to public agency decisions
from being made by or occurring among a quorum of governing body members outside of a
noticed public meeting of the governing body. Government Code §54953(a). The requirement
for open public meetings also applies to meetings of standing committees consisting of less than
a quorum of governing body members. Government Code §54952(b). Since standing committee
meetings are open to the public, governing body members who are not committee members may
attend such meetings, but special rules apply.
A Board member who is not a committee member may attend a meeting of that
committee as an observer, but may not ask questions, make statements or otherwise participate
in any way in the deliberations or decisions of the committee. Government Code §54952.2(c)(6)
provides that a meeting of a standing committee is not a meeting of the governing body as
follows:
“The attendance of a majority of the members of the legislative body at an open and
noticed meeting of a standing committee of that body, provided that the members of the
legislative body who are not members of the standing committee attend only as
observers.” [emphasis added]
The reason for this special rule for non-committee Board member attendance at committee
meetings is readily apparent. If an additional Board member in attendance at a committee
meeting means that a quorum of the Board participates in the deliberations and/or decisions of
the committee , then the committee meeting constitutes a Board meeting and must be noticed to
the public as such, including the posting of a Board meeting agenda 72 hours in advance of the
committee meeting. The moment the additional Board member begins to participate in the
deliberations or decisions of the committee, the committee meeting becomes a violation of the
Brown Act potentially subjecting all the board members in attendance to penalty.
The California Attorney General has opined that the “observer” status of such non-
committee Board members attending a standing committee meeting prohibits the non-committee
member from participating in the committee in any way, including making statements or asking
questions.
“Indeed, such observers have fewer rights than members of the general public
attending the meetings, since as observers they may make no statements and ask
(no) questions.” 81 Ops. Atty. Gen 156.
RECOMMENDATIONS RE ISSUE A:
A.1 The Board should consider whether and under what conditions
committee meetings should be conducted as noticed and agendized
Board meetings in order to allow participation in the committee
meeting by any or all Board members.
A.2 If “participation” in committee meetings remains limited to less
than a quorum of the Board, the Board should consider adoption of
policy requiring (a) any Board member to notify the General
Manager when he plans to attend a meeting of a committee where he
is not a committee member; (b) requiring the General Manager to
notify the committee chairman of the plans for a third Board
member to be present at the committee meeting; and (c) requiring
the General Manager to request District legal counsel to attend
the committee meeting to assure compliance with the special “only
as observer” rule under the Brown Act.
B. A Board member may be compensated only for attendance at Board meetings and
other meetings attended at the request of the Board.
Under State Law and under Yorba Linda Water District Ordinance No. 03-01 (Setting
Compensation for Members of the Board of Directors), Directors may be compensated at a daily
rate “for each day’s attendance at meetings of the Board of Directors and other meetings
attended at the request of the Board of Directors.” By custom and practice, the Board of
Directors annually approves assignment of members of the Board to serve on Board committees
and annually designates members of the Board to attend recurring meetings of outside agencies.
In addition, each Board meeting agenda includes an item for ad hoc approval of one or more
Board members to attend specific meetings and events. These rules, customs and practices
appear to be compliant with AB 1234 (Government Code §53232.1). If a Board member attends
a meeting which has not been pre-approved by the Board, the member may be entitled to the per
diem compensation only if the member’s attendance is ratified after the fact by a vote of the
Board.
Under these rules, customs and practices a Board member may be compensated a day’s
attendance at a meeting of a committee of which he is not a member only if the member obtains
pre-authorization or post-ratification from the full Board for attendance at the committee
meeting.
RECOMMENDATIONS RE ISSUE B:
B.1 If the Board determines under recommendation A.1 above to designate
committee meetings as Board meetings, then State law and Ordinance 03-01
both allow compensation for any board member to attend a committee
meeting.
B.2 If the Board determines under recommendation A.2 above to limit
“participation” in committee meetings to members of the committee, the
Board should consider whether (a) to continue ad hoc approval of
attendance for daily compensation to any Director who attends a meeting
of a committee of which he is not a member; or (b) to provide blanket
approval of such attendance for daily compensation.
ITEM NO. 5.1
AGENDA REPORT
Meeting Date: January 13, 2014
Subject:Status of Legislative Affairs
ATTACHMENTS:
Name:Description:Type:
2013_Final_Legislative_Report.pdf 2013 Final Legislative Report Backup Material
KIDMAN LAW LLP
Water I Environment I Government
2030 Main Street, Suite 1300
Irvine, California 92614
714 -755 -3100
714 - 755- 3110fox
www.kidmanlaw.com
January 1, 2014
MEMORANDUM
TO WATER AGENCY CLIENTS
FROM 0
0 Kidman Law LLP
RE Final Report on 2013 Legislative Bills
Headed into this first year of the two year 2013 -2014 legislative session, there were two
main items of interest in the State — the 2014 Water Bond and CEQA reform. Unfortunately, not
a lot of progress was made on either front.
2014 Water Bond
A consensus has
not been reached as to what will ultimately be presented to the
voters in
November 2014.
The
bond, which started at $11 billion in 2009, has been pared
down in
different versions
(SB 42 (Wolk) and AB 1331 (Rendon)) to between $6 -7 billion.
It is not
clear which bill will prevail or whether the 2014 Water Bond will make it on the ballot this year.
Still, stakeholders will be meeting throughout 2014 to help determine the final amount and, also
importantly, where that money will go, in hopes of putting a bond package together for the
voters' consideration in November.
CEQA Reform
Many believe that any opportunity for meaningful CEQA reform died when its biggest
supporter, Senator Michael Rubio, resigned from the Senate in early 2013. Senator Darrell
Steinberg picked up the baton with SB 731, but environmental groups, unions and business
groups were not able to agree on the range of CEQA reform. As a result, Senator Steinberg
created
SB
743 —
a pared down
version
mostly
focusing on a new arena for the Sacramento
Kings.
We
expect
CEQA reform
to come
back in
some form in 2014.
Transfer
of Drinking Water
Program
cover entirely
separate subjects. We
One item
that did not start as a main issue
in early 2013
but become one by the end of the
2013 session was the transfer of the powers and responsibilities under the California Safe
Drinking Water Act and the Safe Drinking Water State Revolving Fund from the California
Department of Health (DPH) to the State Water Resources Control Board. This process started
as AB 145, introduced, by Assembly Member Henry Perea. It is understood that the Assembly
Member was concerned that DPH did not promptly distribute funds received by it from the
Federal government to communities with safe drinking water needs. The water community was
concerned about the potential transfer of the safe drinking water program and suggested a
transfer solely of the State Revolving Fund. An amendment to this effect was accepted into the
bill, but AB 145 was held in committee, which turned it into a two -year bill. However, the
Governor preempted the concept and began the process under his executive authority to manage
all departments in the State of California. A task force has been set up to work out the details
and we will follow this process.
Other Bills
There were bills that we were tracking covering other areas. Some bills were held in
committee becoming
two -year bills and some were
gutted and amended to
cover entirely
separate subjects. We
will keep an eye on the two -year
bills as we head into 2014.
The bills that
were chaptered are summarized below.
• AB 240 (Rendon) requires mutual water companies to comply with open
meeting requirements and public record disclosure requirements similar to
those under the Brown Act and the Public Records Act.
• AB 1149 (Capos) extends requirements regarding disclosure of computer
system breaches to a breach of computerized data that is owned or licensed by
a local agency.
• AB 1248 (Cooley) requires the State Controller to develop internal control
guidelines applicable to a local agency to prevent and detect financial errors
and fraud, based on specified standards and with input from any local agency
and organizations representing the interests of local agencies.
• SB 407 (Hill) amends the definition of "local agency executive" as that term is
used in existing law which prohibits an employment contract for a local agency
executive from including an automatic renewal of a contract that provides for
an automatic compensation increase in excess of a cost -of- living adjustment.
In addition, the maximum cash settlement that an executive employee may
receive upon contract termination is an amount equal to the monthly salary of
the employee multiplied by the number of months left on the unexpired term of
the contract. However, if the unexpired term of the contract is greater than 18
months, the maximum cash settlement cannot exceed an amount equal to the
monthly salary of the employee multiplied by 18. Health benefits are the only
noncash benefits that can be added to the cash settlement and may be paid out
for the number of months remaining on the contract, not to exceed 18 months,
or until the employee finds other employment, whichever occurs first.
• SB (429) (Hernandez) The San Gabriel Basin Water Quality Authority Act
establishes the San Gabriel Basin Water Quality Authority with a repeal date of
July 1, 2017. This bill extends the date of repeal of the San Gabriel Basin
Water Quality Authority Act to July 1, 2030.
If you have any questions regarding the items mentioned in this memo or would like to
receive any bill information, please contact us.
Sincerely,
KIDMAN LAW LLP
By.
E DY R. BELTRAN
ITEM NO. 5.3
AGENDA REPORT
Meeting Date: January 13, 2014
To:Executive-Administrative-
Organizational Committee
From:Steve Conklin, Acting General
Manager
Presented By:Steve Conklin, Acting General
Manager
Dept:Administration
Prepared By:Cindy Botts, Management
Analyst
Subject:Committee Activities Recap and Forward Planning Objectives
SUMMARY:
With the restructuring of the Board of Directors and District committees, staff believed it would be
beneficial for the Executive-Administrative-Organizational Committee to be provided with a
summary of items that have been discussed and/or acted upon during CY 2013, as well as to
discuss future staff tasks and Committee items.
DISCUSSION:
Attached is a list of items of significance discussed and/or considered by the Executive-
Administrative-Organizational Committee in 2013.
In addition to others, the Committee may wish to consider the following items from CY 2013 during
CY 2014:
Completion of the YLWD/City of Placentia Joint Water-Saving Demonstration Project
Update of Strategic Plan Initiatives
Completion of Plumosa Property Sale
Completion of SDLF's Transparency Certificate of Excellence
Continued Discussions Regarding the Northeast Area Development Projects
ATTACHMENTS:
Name:Description:Type:
2013_Exec_Committee_Accomplishments.docx 2013 EAO Accomplishments Backup Material
2013 Executive Committee Accomplishments
January/February
• Extension of Professional Services Agreement with Townsend Public Affairs
• Revision to Procurement and Purchasing Policy to account for Non-Scheduled Repairs of Large
Capital Assets
• LAFCO Sphere of Influence Changes- To Include Recent Annexations
• OCWD Annexation Project Update
• Ops & Efficiency Study Request for Letter and References/SOQs
• Sale of Surplus Property (Plumosa Office) Update
March/April
• Commitment to Special District Leadership Foundation’s Transparency Certificate of Excellence
Achievement
• OCWD Annexation Project Update- EIR Final Draft/Public Review
• Sale of Surplus Property (Plumosa Office) Update- Interest by OC Sheriff
• Draft Administration Department Budget FY 2013-14
• Security Measures at Valley View Reservoir
• Northeast Area Development Projects- Ongoing discussions
• Draft of Board of Directors Budget for FY 2013/14
• Ops & Efficiency Study- Interviews
May/June
• Draft District Media Policy
• Ops & Efficiency Study- Kickoff Meetings/Information Gathering
• Sale of Surplus Property (Plumosa Office) Update- Interest by Various Parties
• Revision of District Policies Related to the Acceptance of Gifts
• Northeast Area Development Projects- Ongoing discussions
• OCWD Annexation Project Update- Cost Neutrality Concerns
• First Amendment to OCTA Settlement Agreement
July/August
• OCWD Annexation Project Update- Completion of EIR
• Northeast Area Development Projects- Ongoing discussions
• Ops & Efficiency Study- PDQs Completed/Information Analysis
• YLWD/Placentia Joint Water-Saving Demonstration Project
• Joint-Use of District Property for Recreational Purposes
2013 Executive Committee Accomplishments
Sept/Oct
• Update on Desired Orange County Sanitation District Board of Directors Seat
• OCWD Annexation Project Update- Submitted to LAFCO
• Northeast Area Development Projects- On Hold via LAFCO
• Joined California Association of Sanitation Agencies (CASA)
• District Facilities Wildfire Mitigation Report
Nov/Dec
• Reorganization of the Board of Directors and Appointment of Officers for Calendar Year 2014
• Approval of YLWD/City of Placentia Joint Agency Demonstration Project
• Northeast Area Development Projects- Draft EIR Submitted to LAFCO
• OCWD Annexation Project Update- In Review by LAFCO
• Sale of Surplus Property (Plumosa Office) Update- Appraisal
• Authorization for District Representative on Water Education Foundation Board
• Wildfire Loss Mitigation at District Facilities- Ongoing
• Memo Re: Board of Director Non-Member Attendance at Committee Meetings
ITEM NO. 5.6
AGENDA REPORT
Meeting Date: January 13, 2014
To:Board of Directors
From:Steve Conklin, Acting General
Manager
Presented By:Steve Conklin, Acting General
Manager
Dept:Administration
Prepared By:Annie Alexander, Executive
Secretary
Subject:Status of Efforts to Obtain SDLF District of Distinction Accredidation
DISCUSSION:
In February 2012, the Board of Directors unanimously approved a commitment towards achieving
the "District of Distinction" accreditation from the Special District Leadership Foundation (SDLF).
The Board reaffirmed their commitment in March 2013 after the application requirements were
updated to include the completion of the "District Transparency Certificate of Excellence" program.
Below is a list of major tasks that need to be accomplished in order to submit both applications:
Complete policies and procedures manual with Board minute action adopting or reviewing
within the last year.
Documentation showing participation of each Board member, the General Manager and other
executive staff (as identified by the Board) in 6 hours of basic governance training within the
past 5 years. Attendance of CSDA's Special District Leadership Academy "Governance
Foundations" course will satisfy this requirement. The next sessions of this course are being
offered March 18, 2014 in Sacramento and September 29, 2014 in Palm Springs. CSDA is
planning to schedule another Special District Leadership Academy Conference like the one
recently held in Napa, but the dates and location (possibly Southern California) are still yet to
be determined.
Adoption of a policy related to handling Public Records Act (PRA) requests. (A draft of the
Records Management Policy which addresses the handling of PRA requests will be forwarded
to legal counsel for review in the next few weeks.)
ITEM NO. 5.7
AGENDA REPORT
Meeting Date: January 13, 2014
Subject:Status of Strategic Plan Initiatives
ATTACHMENTS:
Name:Description:Type:
EAO_-_Strategic_Plan_Tracking.xlsx Dec 2013 Strategic Plan Initiatives Backup Material
StrategiesStart Date Completion
Date Lead Party December 2013
Progress
CP 1: Increase Brand Recognition within the Community
CP 1-C
Have Board of
Directors and YLWD
Staff Attend More
Local and Regional
Events and Inter-
governmental
Meetings
Immediately
following Nov-
2010 election
On-going BOD/GM/PIO/
Staff
Attendance at
standing
intergovernmental
meetings
CP 2: Increase Public Awareness of Water and Wastewater Related Issues
Provide Financial
(2) Customer
received a rebate for
Rotating Nozzles
Strategic Plan Initiatives Status Report
Executive-Administrative-Organizational Committee
CP 2-A
Provide Financial
Incentives and
Rebates for Water Use
Efficiency
Jul-11On-goingBOD/GM/PIO
Rotating Nozzles
and/or WBIC.
MWDOC Turf
Removal Program &
Synthetic Turf
Program tabled.
CP 2-C
Consider Participation
in the California
Urban Water
Conservation Council's
Best Management
Practices
Sep-11Dec-11GM Committee Opted
Not to Move Forward
CP 2-D
Enhance the District's
Regional Water and
Wastewater Industry
Participation
On-goingOn-goingBOD/GM/StaffOn-going
WE 1: Retain a Highly Skilled and Capable Workforce
WE 1-F
Encourage Staff
Participation in
Professional
Organizations and
Local Civic Groups
On-goingOn-goingGeneral Manager
Attended
Groundwater
Producers Meeting &
Public Affairs
Meeting. Attended
quarterly OC Water
Operations Managers
Association meeting.
WE 3: Enhance Employee Relations
WE 3-A
Implement a Program
to Recognize
Employees for Jul-11Sep-11EPIC Committee
On-Hold due to
higher priority Staff
projects in processEmployees for
Excellence projects in process
WE 3-B Conduct Quarterly All-
Hands Meetings Jul-11QuarterlyGeneral Manager Held August 28,
2013
WE 3-C
Continue to
Encourage Employee
Training in Leadership
and Technology
On-goingOn-goingGeneral ManagerOn-going
SR 2: Explore Service Boundary Opportunities
SR 2-A
Evaluate Feasibility of
Providing Additional
Water Services with
the Region
Jul-11Jun-12General ManagerOn-going
SR 2-B
Evaluate Feasibility of
Providing Additional
Wastewater Services
with the Region
Jul-11Jun-12General ManagerOn-going
SR 2-C
Evaluate Feasibility of
Providing Other
Professional Services
with the Region
Jul-11Jun-12General ManagerOn-going
SR 1: Work Toward Service Reliability and Efficiency
SR 1-A
Continue with Efforts
to Annex District
Service Area to Orange
County Water District
On-goingOn-goingGeneral Manager
OCWD Board
approved YLWD
Annexation proposal
SR 1-C
Engage with Regional
Agencies on Water
Supply Issues
On-goingOn-goingGeneral ManagerN/A
SR 1-D
Strengthen Existing
Emergency Operations
Partnerships
On-goingOn-going
Emergency
Operations
Coordinator/GM
Update of Emergency
Response Plan in
process . Safety and
Training Coordinator
position filled in
October 2013
FR 3: Identify and Develop Additional Revenue Options
FR 3-A
Research and Obtain
Grant Funding
Whenever Feasible
On-goingOn-goingGeneral Manager
On-going assessment
through Townsend
Public Affairs
OE 2: Address Inefficiencies Identified in the Self-Assessment Survey
OE 2-A Identify Core
Inefficiencies Jul-11Jun-12
Revised from
EPIC Committee
to Koff & Assoc.
for O&E Study
Included in
Operations &
Efficiency Study
OE 2-B Develop Measurable
Productivity Goals Aug-11Jun-12
Revised from
EPIC Committee
to Koff & Assoc.
for O&E Study
Included in
Operations &
Efficiency Study
OE 2-C
Engage Employees in
Methods of Addressing
Inefficiencies
Sep-11Jun-12
Revised from
EPIC Committee
to Koff & Assoc.
for O&E Study
Included in
Operations &
Efficiency Study
OE 3: Consider Utilization of a Peer Review Survey
OE 3-A
Determine the Cost
Benefit Ratio of a Peer
Review Survey
Jul-11Sep-11 Management
Analyst
Completed at Feb
2012 Meeting
OE 3-B
Establish a Team to
Determine the Focus
of the Survey
Sep-11Oct-11EPIC Committee
Opted Not to Move
Forward with Peer
Review Survey
OE 3-C
Institute Guidelines
for Areas to Be
Addressed
Sep-11Dec-11EPIC Committee
Opted Not to Move
Forward with Peer
Review Survey