HomeMy WebLinkAbout2010-03-16 - Executive-Administrative-Organizational Committee Meeting Agenda Packet
Yorba Linda
Water District
AGENDA
YORBA LINDA WATER DISTRICT
EXEC-ADMIN-ORGANIZATIONAL COMMITTEE MEETING
Tuesday, March 16, 2010, 1:00 PM
1717 E Miraloma Ave, Placentia CA 92870
COMMITTEE STAFF
Director William R. Mills, Chair Ken Vecchiarelli, General Manager
Director Michael J. Beverage Pat Grady, Assistant General Manager
1. PUBLIC COMMENTS
Any individual wishing to address the committee is requested to identify themselves and state the matter on
which they wish to comment. If the matter is on this agenda, the committee Chair will recognize the individual for
their comment when the item is considered. No action will be taken on matters not listed on this agenda.
Comments are limited to matters of public interest and matters within the jurisdiction of the Water District.
Comments are limited to five minutes.
2. ACTION CALENDAR
This portion of the agenda is for items where staff presentations and committee discussions are needed prior to
formal committee action.
2.1. Ethics Policy
Recommendation: That the Committee support staffs recommendation to forward
the ethics policy to the Board of Directors for consideration following a final review
by legal counsel.
2.2. ISDOC Special District Selection Committee Meeting
Recommendation: That the Committee recommend the Board of Directors consider
the nomination of candidates for both the regular and alternate LAFCO special
district positions and designate a member of the Board to attend the meeting on
April 29, 2010 and cast the District's vote.
2.3. Request to Concur in the Nomination of Rich Freschi and Shawn Dewane as Regular
and Alternate LAFCO Commissioners
Recommendation: That the Committee consider this matter and provide a
recommendation to the Board of Directors.
2.4. Request to Support Re-Election of John Withers and Charley Wilson as Regular and
Alternate LAFCO Commissioners
Recommendation: That the Committee consider this matter and provide a
recommendation to the Board of Directors.
2.5. Membership to CalDesal Organization
Recommendation: That the Committee discuss and consider joining CalDesal at a
cost of $5,000.
3. DISCUSSION ITEMS
This portion of the agenda is for matters such as technical presentations, drafts of proposed policies, or similar
items for which staff is seeking the advice and counsel of the Committee members. This portion of the agenda
may also include items for information only.
3.1. OCWD Annexation (Verbal Report)
3.2. City of Yorba Linda and City of Placentia Sewers (Verbal Report)
3.3. Customer Feedback Report
3.4. General Counsel's Monthly Summary Billing Report
3.5. Future Agenda Items and Staff Tasks
4. ADJOURNMENT
4.1. The next regular meeting of the Executive-Administrative-Organizational Committee will
be held April 20, 2010 at 4:00 p.m.
Items Distributed to the Committee Less Than 72 Hours Prior to the Meeting
Pursuant to Government Code section 54957.5, non-exempt public records that relate to open session agenda items
and are distributed to a majority of the Committee less than seventy-two (72) hours prior to the meeting will be available
for public inspection in the lobby of the District's business office located at 1717 E. Miraloma Avenue, Placentia, CA
92870, during regular business hours. When practical, these public records will also be made available on the District's
internet website accessible at http://www.ylwd.com/.
Accommodations for the Disabled
Any person may make a request for a disability-related modification or accommodation needed for that person to be
able to participate in the public meeting by telephoning the Executive Secretary at 714-701-3020, or writing to Yorba
Linda Water District, P.O. Box 309, Yorba Linda, CA 92885-0309. Requests must specify the nature of the disability and
the type of accommodation requested. A telephone number or other contact information should be included so the
District staff may discuss appropriate arrangements. Persons requesting a disability-related accommodation should
make the request with adequate time before the meeting for the District to provide the requested accommodation.
ITEM NO. 2.1
AGENDA REPORT
Meeting Date: March 16, 2010 Budgeted: N/A
To: Executive-Administrative-
Organizational Committee
From: Ken Vecchiarelli, General
Manager
Presented By: Pat Grady, Assistant General Dept: Administration
Manager
Prepared By: Pat Grady, Assistant General CEQA Compliance: N/A
Manager
Subject: Ethics Policy
SUMMARY:
Attached for the Committee's review and comments is a second draft of the ethics policy that would
be applicable to both the Board of Directors and the employees of the District.
STAFF RECOMMENDATION:
That the Committee support staff's recommendation to forward the ethics policy to the Board of
Directors for consideration following a final review by legal counsel.
DISCUSSION:
At the February 17, 2010 Exec-Admin Committee meeting, the Committee reviewed staff's first draft
of the Ethics Policy. Two revisions were recommended related to conflict of interest and the Board-
Management relationship. These two areas have been modified and highlighted for the Committee's
review.
The draft Ethics Policy provides additional procedures and policies related to ethics and general
conduct of both Board members and District employees. Resolution 09-09 was updated and
adopted in July 2009 to address conflict-of-interest and proper disclosures, pursuant to the Political
Reform Act of 1974, GC Section 81000 et. seq. However, the resolution does not address other
potential ethics issues that may arise from time to time with Board members and employees while
affiliated with the District.
In June 2009, the Grand Jury issued two reports, including one entitled "Water Districts: A New Era
in Public Involvement". This report focused on public involvement and the general conduct of water
agencies, in particular those in the Orange County area. In preparing the responses for this report,
the Board supported staff's recommendation to implement a formal ethics policy that would address
the concerns of the Grand Jury.
PRIOR RELEVANT BOARD ACTION(S):
In August 2009, the Board approved staff's responses to the Grand Jury report. Within these
responses, the Board committed to adopt and implement a comprehensive and detailed ethics
policy that reaches above and beyond the existing conflict of interest policy.
A first draft of the Ethics Policy was reviewed by the Exec-Admin Committee on February 17, 2010.
ATTACHMENTS:
Name: Description: Type:
Ethics policy rev 2.pdf Draft Ethics Policy Backup Material
RESOLUTION NO. XX-XX
RESOLUTION OF THE BOARD OF DIRECTORS
OF THE YORBA LINDA WATER DISTRICT
ADOPTING RULES AND PROCEDURES RELATIVE
TO THE CONDUCT OF BOARD MEMBERS
AND DISTRICT EMPLOYEES
WHEREAS, the mission of the Yorba Linda Water District (District) is to provide
reliable, high quality water and sewer services in an environmentally responsible
manner at the most economical cost to customers;
WHEREAS, the Board of Directors (Board) and the employees of the District are
responsible for fulfilling the mission;
WHEREAS, Board members, and District employees should be dedicated to the
highest standards of integrity and accountability, while earning and maintaining
the trust, confidence and support for the public they serve;
WHEREAS, the objective in adopting a formal ethics policy is to supplement
state law, to provide guidance with ethical issues as they arise and to heighten
awareness of ethical behavior. This policy is not intended to limit the scope of or
abrogate state law applicable to the District. To the greatest extent possible, this
policy shall be interpreted to avoid conflict with state law;
WHEREAS, by Resolution XX and in compliance with Government Code §
87300 the Board has adopted a Conflict of Interest Code, governing the
disclosure of financial interests by certain designated employees of the District.
Nothing contained in this Policy is intended to limit or abrogate the requirements
of the District's Conflict of Interest Code;
WHEREAS, by resolution XX and in compliance with Government Code § 53232
et seq (AB 1234 Rules) the Board has adopted rules related to Board Member
compensation, Board member and staff attendance at conferences, seminars
and similar activities, and reimbursement of expenses incurred on District
business. Nothing contained in this Policy is intended to limit or abrogate the
requirements of the District's AB 1234 Rules;
NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba
Linda Water District as follows:
Section 1. Purpose and Scope
It is the policy of the District to require the highest standards of ethics from its
Board members and employees. The operation of the District requires that
decisions and policy be made within the proper channels of governmental
structure, that the public office not be used for personal gain, and that all
individuals associated with the District remain impartial and responsible towards
the public. Accordingly, it is the policy of the District that Board members and
employees shall maintain the highest standard of personal honesty and fairness
in carrying out their duties. This policy sets forth the guidelines for ethical conduct
to be followed by the Board of Directors and employees of the District.
Section 2. Responsibilities of Public Service
Board members and employees are obligated to uphold the Constitution of the
United States and the Constitution of the State of California, and to uphold the
laws of national, state and local governmental agencies. Board members and
District employees shall comply with all applicable laws regulating their conduct,
including conflict of interest, financial disclosure and open government laws. It is
the responsibility of Board members and District employees to conduct
themselves both professionally and personally in a manner above reproach and
to avoid the appearance of impropriety.
Section 3. Fair and Equal Treatment
Board members and employees in the performance of their official duties and
responsibilities will neither harass nor discriminate against any person on the
basis of race, religion, color, creed, age, marital status, national origin, ancestry,
gender, sexual orientation, medical condition or disability. No Board member or
employee shall grant any unfair or inappropriate consideration, treatment, or
advantage to any person or group beyond that which is available to others or
groups with the same circumstances.
Section 4. Use of District Property and Resources
Except where specifically authorized by the General Manager in the public
interest, no Board member or employee shall knowingly use or permit the use of
District-owned vehicles, equipment, telephones, materials or property, nor
require a District employee to perform services for personal convenience or
profit. Board members and employees shall safeguard the District's property,
equipment, moneys, and assets against unauthorized use or removal, as well as
from loss due to criminal act or breach of trust.
Section 5. Confidential Information
Board members and employees will not disclose information that legally qualifies
as confidential to unauthorized individuals without approval from the Board. This
includes information that (1) has been received during a closed session Board
meeting, (2) is protected from disclosure under the attorney/client or other
evidentiary privilege, or (3) is not required to be disclosed under the California
Public Records Act. A Board member may make a confidential inquiry or
complaint to a district attorney or grand jury concerning a perceived violation of
law, including disclosing facts to a district attorney or grand jury necessary to
establish the alleged illegality of a District action. Prior to disclosing confidential
information, however, a Board member will first bring the matter to the attention
of either the President of the Board or the full Board.
Section 6. Conflict of Interest
Board members and District employees shall avoid conflicts, or perceived
conflicts of interest in connection with District decisions and activities.
(a) A Board member or employee shall not have a financial interest in a
contract with the District, which includes the purchase or sale of goods
and services. The Board shall not authorize any District contract if a
Board member is financially interested in the contract.
(b) A Board member shall not participate in the discussion, deliberation or
vote on a matter before the Board, or attempt to influence a decision of the
Board, if the Board member has a financial interest, which is prohibited
under California law.
New:
If a Board member believes that he or she may be disqualified from
participation in the discussion, deliberations or vote on a particular matter
due to a conflict of interest, the following procedure shall be followed:
1. If a Board member becomes aware of the potential conflict of
interest before the Board meeting at which the matter will be
discussed or acted on, the Board member will notify the
District's General Manager and the District's legal counsel of the
potential conflict of interest, so that a determination can be
made whether it is a disqualifying conflict of interest;
2. If not possible for the Board member to discuss the potential
conflict with the General Manager and legal counsel before the
meeting, or if the Board member does not become aware of the
potential conflict until during the meeting, the Board member will
immediately disclose the potential conflict during the Board
meeting, so that there can be a determination whether it is a
disqualifying conflict of interest; and
3. Upon a determination that there is a disqualifying conflict of
interest, the Board member (a) shall not participate in the
discussion, deliberation or vote on the matter for which a conflict
of interest exists, which will be so noted in the Board minutes,
and (b) leave the room until after the discussion, vote and any
other disposition of the matter is concluded.
(c) A Board member shall not recommend the employment of a relative to the
District or to a vendor, contractor or consultant known by the Board
member to be bidding or negotiating a contract with the District.
Section 7. Post-Employment Relationships
For a period of one year after leaving office or employment with the District:
(a) Former Board members shall not represent any non-governmental entities
before the District for compensation.
(b) Former employees of the District shall not represent any non-
governmental entity before the District, for compensation, with regard to
any issue(s) which the employee had decision-making authority during the
one year, prior to leaving employment.
(c) These restrictions shall not apply to government entities.
Section 8. Soliciting Political Contributions
Board members and employees are prohibited from soliciting political funds or
contributions at District facilities and prohibited from using the District's seal,
trademark, logo, branding, stationary or other indicia of the District's identity, in
any solicitation for political contributions contrary to State law. A Board member
will not accept, solicit or direct a political contribution from:
(a) District employees, consultants or contractors used by the District in the
past 12 months, or
(b) Vendors of consultants, sub-consultants, contractors, or sub-contractors
who have a financial interest in a contract or other matter while that
contract or matter is pending before the District.
Section 9. Incompatibility of Offices
The appointment or election of a Board member to a public entity, other than the
District, may result in action that is contrary or inconsistent with the interests of
the District and could result in loss of the member's position of the Board. Board
members may, with consent of the Board, consult with District legal counsel and
the Board may authorize a request for an opinion from the Attorney General of
the State of California as to the incompatibility of offices.
Section 10. Gifts and Gratuities
No Board member or District employee shall receive or agree to receive, directly
or indirectly, any compensation, reward, honoraria or gift from any source except
for recognition from the District for any action related to the conduct of the
District's business.
A Board member or employee will not accept gifts that exceed the limitations
specified in California law. Any and all gifts, campaign contributions, income and
financial information, shall be disclosed as required under the District's Conflict of
Interest Code and the provisions of the Political Reform Act of 1974 and
applicable regulations adopted by the Fair Political Practices Commission.
Section 11. Compliance with the Brown Act
Board members and persons elected or appointed, who have not yet assumed
office as members of the Board of Directors, will fully comply with the provisions
of the State's open meeting law for public agencies (Brown Act).
Section 12. Board Member - General Manager/Employee Relationship
Board members will provide policy direction and instructions to the General
Manager on matters within the authority of the Board by a majority vote of the
Board during a duly convened meeting of the Board and/or Committee meeting.
Before:
Board members will address matters within the authority of the General Manager
through the General Manager or the Assistant General Manager, in the absence
of the General Manager, not directly through District employees.
After:
Board members will address matters within the authority of the General Manager
through the General Manager. In the event the General Manager is unavailable
in person or by technological means, Board members, at their discretion, may
contact the Assistant General Manager. If the General Manager anticipates
being unavailable, he/she shall notify the Board in advanced and provide a
designee contact, i.e. the Assistant General Manager.
Board members shall refrain from making requests directly to District employees
to undertake analysis, perform work assignments or change the priority of work
assignments. District employees shall notify the General Manager of all requests
received by a Board member within 48 hours of a request.
Section 13. Improper Activities and Reporting of Such Activities
The General Manager has primary responsibility for (1) ensuring compliance with
the District's personnel policies and procedures, (2) ensuring that District
employees do not engage in improper activities, (3) investigating allegations of
improper activities, and (4) taking appropriate corrective and disciplinary actions.
The Board ensures that the General Manager is operating the District according
to the law and the policies approved by the Board.
(a) Board members will disclose to the General Manager, to the extent not
expressly prohibited by law, improper activities within their knowledge.
Board members will not interfere with the General Manager's
responsibilities in identifying, investigating and correcting improper
activities, unless the Board determines the General Manager is not
properly carrying out these responsibilities.
(b) A Board member will not directly or indirectly use or attempt to use the
authority or influence of the position to intimidate, threaten, coerce,
command or influence any person for the purpose of preventing such
person from acting in good faith to bring to the attention of the General
Manager or the Board any information that, if true, would constitute a
work-related violation by a Board member or District employee of any law
or regulation. This includes, but not limited to: (1) misappropriation or
waste of District funds, (2) abuse of authority, (3) creating substantial
danger to public health or safety by an act or omission of a District official
or employee, (4) use of a District office or position or of District resources
for personal gain, or (5) a conflict of interest of a District Board member or
District employee.
Section 14. Training and Education
All elected or appointed Board members shall receive ethics training, as soon as
practical, but not exceeding one year following election or appointment to the
Board. Refresher training shall be conducted for each Board member and
District department manager every two years.
Section 15. Violation of Ethics Policy
A minor infraction of this Policy by a Board member may be addressed by
internal remedies imposed by the Board of Directors such as disapproving
expense reimbursement requests, de-authorizing attendance at conferences,
seminars and other activities at District expense, removal of the member from
Board committees, adopting a censure resolution or such other remedies as are
deemed appropriate by the Board. Violations of state law by a Board member
may be referred to proper authorities for possible investigation, enforcement or
prosecution. Violations of this Policy by a District employee may result in
appropriate disciplinary action as provided in the District personnel rules up to
and including termination.
Section 16. Severability
If any section, subsection, subdivision, sentence, clause or phrase of this
Resolution is for any reason held to be unconstitutional or otherwise invalid, such
invalidity shall not affect the validity of the entire Resolution or any of the
remaining portions thereof.
PASSED AND ADOPTED this xx day of March, 2010, by the following called
vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
William R. Mills, President
Yorba Linda Water District
ATTEST:
Ken Vecchiarelli, Secretary
Yorba Linda Water District
Reviewed as to form by General Counsel:
Arthur G. Kidman, Esq.
McCormick, Kidman and Behrens
ITEM NO. 2.2
AGENDA REPORT
Meeting Date: March 16, 2010 Budgeted: N/A
Total Budget: N/A
To: Executive-Administrative- Cost Estimate: N/A
Organizational Committee
Funding Source: N/A
From: Ken Vecchiarelli, General Account No: N/A
Manager
Job No: N/A
Presented By: Ken Vecchiarelli, General Dept: Board of Directors
Manager
Reviewed by Legal: N/A
Prepared By: Annie Alexander, Executive CEQA Compliance: N/A
Secretary
Subject: ISDOC Special District Selection Committee Meeting
SUMMARY:
The regular and alternate special district seats on the Orange County Local Agency Formation
Commission (LAFCO) will expire on June 30, 2010. The Independent Special Districts of Orange
County (ISDOC) Special District Selection Committee will meet to fill these seats on Thursday, April
29, 2010 in conjunction with ISDOC's quarterly meeting.
STAFF RECOMMENDATION:
That the Committee recommend the Board of Directors consider the nomination of candidates for
both the regular and alternate LAFCO special district positions and designate a member of the
Board to attend the meeting on April 29, 2010 and cast the District's vote.
DISCUSSION:
The regular special district and the alternate special district seats on the Orange County Local
Agency Formation Commission will expire on June 30, 2010. These seats are presently held by
Commissioner John Withers and Commissioner Charley Wilson. The Independent Special Districts
of Orange County (ISDOC) Special District Selection Committee will meet to fill these seats on
Thursday, April 29, 2010 in conjunction with ISDOC's quarterly meeting.
The LAFCO Executive Officer will accept nominations for both the regular and alternate special
district positions. Nominations must be received by LAFCO no later than 3:00 p.m. on Monday, April
19, 2010.
Under LAFCO rules, the presiding officer of each special district is entitled to vote in this election. If
Director Mills is unable to attend this meeting, the Board will need to designate another member to
attend and cast the District's vote. Proof indicating board action for the designation must be
provided to LAFCO's Executive Officer prior to voting at the ISDOC meeting on April 29, 2010.
PRIOR RELEVANT BOARD ACTION(S):
The Board has taken similar action in prior years and when the President or Vice President were
unable to attend, the Board designated the General Manager to vote on behalf of the District.
ATTACHMENTS:
Name: Description: Type:
ISDOC Selection Committee.pdf Correspondence Backup Material
F LOCAL AGENCY FORMATION COMMISSION
ORANGE COUNTY
RECEIVED
eon DATE: February 25, 2010 MAR - 2 2010
CHAIR TO: General Managers YORBAUNDAWAIERD#STMT
PEER HERZOG Independent Special Districts
Councilmember
City of Lake Forest
VICE CHAIR FROM: Joyce Crosthwaite, Executive Officer
JOHN MOORLACH
Supervisor
2°° District SUBJECT: Independent Special Districts of Orange County (ISDOC)
Selection Committee Meeting
VICE CHAIR
PETER HERZOG
Coy of of lme Lake m Forest City The regular special district seat and the alternate special district seat on
the Orange County Local Agency Formation Commission will expire on
CHERYL BROTHERS June 30, 2010. They are presently held by Commissioner John Withers and
Councilmember
City of Fountain Valley Commissioner Charley Wilson. The Independent Special Districts of
Orange County (ISDOC) Special District Selection Committee will meet to
e~~HELL fill this position on Thursday, April 29, 2010 in conjunction with ISDOC's
3 D'stt"t quarterly meeting.
ARLENE 5CHAIFER
Director The LAFCO Executive Officer will accept nominations for both the regular
Costa Mesa
Sanitary District and alternate special district position. Nominations must be received by
SUSAN WILSON LAFCO no later than 3:00 p.m. on Monday, April 19, 2010. Nominations
Representative of received will be included in the informational packet sent to each district
General Public prior to the election. A copy of the ISDOC "Rules of Procedure" is
JOHN W11THERS attached.
Director
Irvine Ranch Water District
Please forward the enclosed notice and nomination forms to the presiding
ALTERNATE officer from your district. As stated in the notice, if the presiding officer
PAT SATES
Supervisor from your district will be unable to attend the ISDOC quarterly meeting
5- District on May 29, the board may designate another member to attend and cast
ALTERNATE your district's vote. Proof indicating board action for the designation must
Po„~ bA'~'~'A-`- be provided to LAFCO's Executive Officer prior to voting at the 1SDOC
City of Buena Park meeting.
ALTERNATE
DEREK J. MCGREGOR If you have any questions or concerns, lease feel free to contact me at
Representative of Y Y q p
General Public (714) 834-2556 or by email Ocrosthwaite(@oclafco.org).
ALTERNATE
CHARLEY WILSON
Director
Santa Margarita
Water District
JOYCE CROSFHWAITE
Executive Officer
12 Civic Center Plaza, Room 235, Santa Ana, CA 92701
(714) 834-2556 • FAX (714) 834-2643
h[ip://ww~rv.oefafCo.org
r
r
INDEPENDENT SPECIAL. DISTRICT SELECTION COMMITTEE
RULES OF PROCEDURE
adopted February 10. 1994
A. Registration
Each member of the Selection Committee shall be entitled to
one vote for each independent special district of which he
on she is the presiding officer (or alternate board member
selected by the district's board). Each member shall
provide written authorization (such as resolution or minute
excerpt) at the time of registration.
Each voting member shall register and sign a declaration of
qualification. The member will then be given ballots and
other voting materials.
B. Quorum
Members representing a majority of the eligible districts
shall constitute a quorum. Before calling the meeting to
order, the chair shall verify that a quorum has registered
and is present.
C. Nomination
Independent special districts may submit nominations for the
regular member positions and the alternate- position. Such
Nominations shall be submitted on forms to be prepared by
the Executive Officer and may be accompanied by resumes
[and FORMS other
MUST BE written RECEIVED material) BY THE if EXECUTIVE OFFICER NOMINATION
ON OR BEFORE
5:00 P,M. ON THE 10TH DAY PRIOR TO THE DATE OF THE ELECTION
MEETING. The Executive Officer will distribute a copy of
the nominations and accompanying materials to each member at
least five (5) days prior to the date of the election
meeting.
D. Vgting
Voting shall be conducted separately for each position. A
candidate must receive a majority of the votes cast in order
to be elected. In the event no candidate receives a
2010 NOMINATION FORM
Candidates for the Local Agency Formation Commission (LAFCO)
CANDIDATE INFORMATION FOR REGULAR SPECIAL DISTRICT MEMBER:
NAME:
TITLE:
DISTRICT:
❑ Check box if resume or statement of qualifications is attached.
I
CANDIDATE INFORMATION FOR ALTERNATE SPECIAL DISTRICT MEMBER:
NAME:
TITLE:
DISTRICT:
❑ Check box if resume or statement of qualifications is attached.
SPECIAL DISTRICT SELECTION COMMITTEE MEMBER SUBMITTING
NOMINATION (Must be the presiding officer or a designated alternate board member.)
NAME: DATE:
SIGNATURE:
TITLE:
DISTRICT:
Nominations must be submitted to LAFCO prior to 3:00 p.m. on Monday, April
19, 2010. Nominations received will be included in the information packet sent to
each district prior to the election.
Return com feted orms to:
Esther Garcia-Negrete
Orange County LAFCO
12 Civic Center Plaza, Room 235
Santa Ana, CA 92701
ITEM NO. 2.3
AGENDA REPORT
Meeting Date: March 16, 2010 Budgeted: N/A
Total Budget: N/A
To: Executive-Administrative- Cost Estimate: N/A
Organizational Committee
Funding Source: N/A
From: Ken Vecchiarelli, General Manager Account No: N/A
Job No: N/A
Presented By: Ken Vecchiarelli, General Manager Dept: Board of Directors
Reviewed by Legal: N/A
Prepared By: Annie Alexander, Executive CEQA Compliance: N/A
Secretary
Subject: Request to Concur in the Nomination of Rich Freschi and Shawn Dewane as Regular
and Alternate LAFCO Commissioners
SUMMARY:
The Municipal Water District of Orange County (MWDOC) has requested that the Board consider concurring
in their nomination of Rich Freschi and Shawn Dewane as regular and alternate commissioners for the Local
Agency Formation Commission (LAFCO).
STAFF RECOMMENDATION:
That the Committee consider this matter and provide a recommendation to the Board of Directors.
DISCUSSION:
The District has been asked to participate in the selection of the regular and alternate special district seats on
LAFCO at the Independent Special Districts of Orange County quarterly meeting scheduled April 29, 2010.
MWDOC has requested that the Board consider concurring in their nomination of Rich Freschi and Shawn
Dewane as regular and alternate commissioners for LAFCO. Attached is a resolution in support of MWDOC's
nomination for the Committee's consideration including draft resolutions from the Serrano Water District and
Mesa Consolidated Water District related to the same matter.
The Irvine Ranch Water District and Santa Margarita Water District have also requested that the Board
consider supporting them in re-electing John Withers and Charley Wilson to these seats which has been
prepared as a separate agenda item.
ATTACHMENTS:
Name: Description: f ype:
Resolution 10-XX.doc YLWD Draft Resolution Resolution
Resolution 03-10-02.doc SWD Draft Resolution Resolution
Resolution 1391.doc MCWD Draft Resolution Resolution
RESOLUTION NO. 10-XX
RESOLUTION OF THE BOARD OF DIRECTORS
OF THE YORBA LINDA WATER DISTRICT
IN SUPPORT OF RICH FRESCHI FOR REGULAR LAFCO COMMISSIONER
AND SHAWN DEWANE FOR ALTERNATE LAFCO COMMISSIONER
WHEREAS, the Independent Special Districts of Orange County (ISDOC) Selection
Committee has been called for April 29, 2009 at 12:00 pm in the Joint
Board Room of the Municipal Water District of Orange County/Orange
County Water District, 18700 Ward Street, Fountain Valley, CA; and
WHEREAS, this meeting will be held for the election of a Regular Special District
Member and Alternate Special District Member to the Local Agency
Formation Commission; and
WHEREAS, Rich Freschi is a member of the Serrano Water District and, therefore,
qualified to serve as a representative of a Special District on the LAFCo
Board; and
WHEREAS, Shawn Dewane is a member of the Mesa Consolidated Water District and,
therefore, qualified to serve as a representative of a Special District on the
LAFCo Board; and
WHEREAS, Rich Freschi is seeking the Regular Special District Member position and
Shawn Dewane is seeking the Alternate Special District Member position;
and
WHEREAS, the Board of Directors of Serrano Water District has nominated Rich
Freschi to serve as the Regular Special District Member with Board
Resolution , which is attached; and
WHEREAS, the Board of Directors of Mesa Consolidated Water District has nominated
Shawn Dewane to serve as the Alternate Special District Member with
Board Resolution , which is attached; now therefore, be it
RESOLVED, that the Board of Directors of the Yorba Linda Water District supports the
candidacy of Rich Freschi for Regular Special District Member and Shawn
Dewane as the Alternate Special District Member; and be it further
RESOLVED, that the Board of Directors of the Yorba Linda Water District directs their
representative to the ISDOC Selection Committee to vote for Rich Freschi
for Regular Special District Member and Shawn Dewane as the Alternate
Special District Member.
Resolution No. 10-XX In Support of Rich Freschi and Shawn Dewane as Regular and Alternate LAFCO Commissioners 1
PASSED AND ADOPTED this 25th day of March, 2010 by the following called vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
William R. Mills, President
Yorba Linda Water District
ATTEST:
Ken Vecchiarelli, Secretary
Yorba Linda Water District
Resolution No. 10-XX In Support of Rich Freschi and Shawn Dewane as Regular and Alternate LAFCO Commissioners 2
RESOLUTION NO. 03-10-02
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SERRANO
WATER DISTRICT IN SUPPORT OF RICH FRESCHI FOR REGULAR
LAFCO COMMISSIONER AND SHAWN DEWANE FOR ALTERNATE
LAFCO COMMISSIONER
WHEREAS, the Independent Special Districts of Orange County (ISDOC) Selection Committee has
been called for April 29, 2010 at 12:00 p.m. in the Joint Board Room of the Municipal Water District of
Orange County/Orange County Water District, 18700 Ward Street, Fountain Valley, CA; and
WHEREAS, this meeting will be held for the election of a Regular Special District Member and
Alternate Special District Member to the Local Agency Formation Commission; and
WHEREAS, Rich Freschi is a member of the Serrano Water District and, therefore, qualified to serve
as a representative of a Special District on the LAFCO Board; and
WHEREAS, Shawn Dewane is a member of the Mesa Consolidated Water District and, therefore,
qualified to serve as a representative of a Special District on the LAFCO Board; and
WHEREAS, Rich Freschi is seeking the Regular Special District Member position and Shawn
Dewane is seeking the Alternate Special District Member position; and
RESOLVED, the Board of Directors of Serrano Water District supports the candidacy of Rich
Freschi for Regular Special District Member and Shawn Dewane as the Alternate Special District Member;
and be it further
RESOLVED, that the Board of Directors of Serrano Water District directs their representative to the
ISDOC Selection Committee to vote for Rich Freschi for Regular Special District Member and Shawn
Dewane as the Alternate Special District Member.
PASSED AND ADOPTED by the Board of Directors of the Serrano Water District at a regular
meeting held on April 13, 2010, by the following roll call vote:
DIRECTORS: YES: Rickerl, Haight, Pharris, Jr. Appelman
DIRECTORS: NO:
DIRECTORS: ABSTENTION: Freschi
President, SERRANO WATER DISTRICT
ATTEST:
Secretary, SERRANO WATER DISTRCT
131/007480-0063
1077378.01 a03/11/10
qgof
RESOLUTION NO. 1391
RESOLUTION OF THE
MESA CONSOLIDATED WATER DISTRICT
BOARD OF DIRECTORS IN SUPPORT OF
RICH FRESCHI FOR REGULAR LAFCO COMMISSIONER AND
SHAWN DEWANE FOR ALTERNATE LAFCO COMMISSIONER
WHEREAS, the Mesa Consolidated Water District (Mesa or District) is a county water
district organized and operating according to California Law; and
WHEREAS, the Independent Special Districts of Orange County (ISDOC) Selection
Committee has been called for April 29, 2009 at 12:00 pm in the Joint Board Room of the
Municipal Water District of Orange County/Orange County Water District, 18700 Ward Street,
Fountain Valley, CA; and
WHEREAS, this meeting will be held for the election of a Regular Special District
Member and Alternate Special District Member to the Local Agency Formation Commission
(LAFCO); and
WHEREAS, Rich Freschi is a member of the Serrano County Water District and,
therefore, qualified to serve as a representative of a Special District on the LAFCO Board; and
WHEREAS, Shawn Dewane is a member of the Mesa Consolidated Water District and,
therefore, qualified to serve as a representative of a Special District on the LAFCO Board; and
WHEREAS, Rich Freschi is seeking the Regular Special District Member position and
Shawn Dewane is seeking the Alternate Special District Member position; and
WHEREAS, the Board of Directors of Serrano County Water District has nominated
Rich Freschi to serve as the Regular Special District Member with a Board Resolution; and
WHEREAS, the Board of Directors of Mesa Consolidated Water District has nominated
Shawn Dewane to serve as the Alternate Special District Member with this Board Resolution,
and
RESOLVED, that the Board of Directors of Mesa Consolidated Water District supports
the candidacy of Rich Freschi for Regular Special District Member and Shawn Dewane as the
Alternate Special District Member; and be it further
RESOLVED, that the Board of Directors of Mesa Consolidated Water District directs
their representative to the ISDOC Selection Committee to vote for Rich Freschi for Regular
Special District Member and Shawn Dewane as the Alternate Special District Member.
Resolution No. 1391 Page lof 2 Adopted: March 12, 2010
D
ADOPTED, SIGNED AND APPROVED this 12th day of March 2010 by the following roll call
vote.
AYES: DIRECTORS:
NOES: DIRECTORS:
ABSENT: DIRECTORS:
ABSTAIN: DIRECTORS:
Shawn Dewane
President, Board of Directors
Coleen L. Monteleone
District Secretary
Resolution No. 1391 Page 2of 2 Adopted: March 12, 2010
ITEM NO. 2.4
AGENDA REPORT
Meeting Date: March 16, 2010 Budgeted: N/A
Total Budget: N/A
To: Executive-Administrative- Cost Estimate: N/A
Organizational Committee
Funding Source: N/A
From: Ken Vecchiarelli, General Account No: N/A
Manager
Job No: N/A
Presented By: Ken Vecchiarelli, General Dept: Board of Directors
Manager
Reviewed by Legal: N/A
Prepared By: Annie Alexander, Executive CEQA Compliance: N/A
Secretary
Subject: Request to Support Re-Election of John Withers and Charley Wilson as
Regular and Alternate LAFCO Commissioners
SUMMARY:
The Irvine Ranch Water District and Santa Margarita Water District are requesting that the Board
consider supporting them in re-electing John Withers and Charley Wilson as regular and alternate
commissioners for the Local Agency Formation Commission (LAFCO).
STAFF RECOMMENDATION:
That the Committee consider this matter and provide a recommendation to the Board of Directors.
DISCUSSION:
The District has been asked to participate in the selection of the regular and alternate special district
commissioners for LAFCO at the Independent Special Districts of Orange County (ISDOC) quarterly
meeting scheduled April 29, 2010.
The Irvine Ranch Water District and Santa Margarita Water District have requested that the Board
consider supporting them in re-electing John Withers and Charley Wilson to these seats.
Attached is correspondence received from both agencies including background information on both
candidates.
ATTACHMENTS:
LAFCO_Seats.pdf Correspondence Backup Material
Santa a aufta
Exam Wat m oz
RECEIVED
March 4, 2010
MAR - 5 2010
The Honorable William R. Mills
Yorba Linda Water District YOF& LINDA WATER DISTRICT
P.O. Box 309
Yorba Linda, CA 92885
RE: Support for the Re-election of John Withers and Charley Wilson to Local Agency
Formation Commission (LAFCO) Special District Seats
Dear President William R. Mills:
At the April 29, 2010 Independent Special Districts of Orange County quarterly meeting, your
agency will be asked to participate in the selection of the regular and alternate Special District
members of the Local Agency Formation Commission (LAFCO). The regular member seat is
currently held by John Withers of Irvine Ranch Water District (IRWD), and the alternate seat is
held by Charley Wilson of the Santa Margarita Water District (SMWD). The purpose of this
letter is to urge your agency to join IRWD and SMWD in helping re-elect John and Charley to
these very important seats.
Over the last four years, John and Charley have done an excellent job of representing and
protecting the interests of special districts throughout the county. Both John and Charley have
substantial experience in city, special district and county government, and have a detailed
understanding of the focused services and value special districts provide to the community.
In 2007 LAFCO adopted a five-year strategic plan that included broad over-arching initiatives
and incorporated the organizational slogan of "Doing More with Less." With John and
Charley's leadership, the LAFCO programs produced more effective and efficient operations, an
increase in meaningful service for special districts and cities in Orange County and a reduction in
LAFCO expenditures. In addition, John and Charley's specific efforts at increasing service and
enhancing communications have played key roles in implementing the major strategic initiatives
of the Commission. Specific examples of this are:
i Municipal Service Review Follow-up: A Best Practices Summit was designed and
implemented to highlight best practices used by special districts and cities for enhancing
service provision countywide.
I
Communications: Increased transparency, communication and open access to all special
district Boards and City Council members by developing and supporting the LAFCO 101
presentation, which was made available to agencies in Orange County.
Irvine Ranch Water District/Santa Margarita Water District
March 4, 2010
Page 2
• Budget Management: Reduced the LAFCO budget apportionment for special districts
and cities for two consecutive fiscal years (FY 0$109 & FY 09110) for a 15 percent total
cumulative reduction. Selected an independent auditor to review LAFCO's revenue and
expenditures and provided more transparency of the LAFCO's operations to funding
agencies and the public.
• LAFCO Analysis and Studies/Island Annexations: Completed the adoption of Spheres of
Influence for 33 cities and 29 special districts, developed prototype fiscal models for
three county islands; completed the Rossmoor incorporation and the voluntary
consolidation of the Orange Park Acres Mutual Water Company with the Irvine Ranch
Water District; completed the MWDOC Governance Study and issued a final report; and
issued recommendations on Orange/Los Angeles potential boundary adjustments.
Together, John and Charley bring over 27 years of professional and governmental experience to
the Orange County LAFCO Board. They have been effective advocates for fairly and
appropriately implementing the Municipal Service Review (MSR) process. This includes
insisting that all special districts be included and heard as important stakeholders. In the MSRs
completed to date, both John and Charley have supported local control and voluntary special
district efforts to provide improved services. John and Charley have been instrumental in these
efforts and have been accessible to all special districts as issues of concern have arisen.
We believe that all special districts will continue to benefit from John and Charley's experience,
relationships with other commissioners and stewardship attitude toward special districts.
We ask that you join us in supporting their re-election and thank you for your consideration.
Sincerely,
Douglas J. Reinhart Betty H. Olson, Ph.D.
President President
Irvine Ranch Water District Santa Margarita Water District
ITEM NO. 2.5
AGENDA REPORT
Meeting Date: March 16, 2010 Budgeted: No
To: Executive-Administrative- Cost Estimate: $5,000
Organizational Committee
From: Ken Vecchiarelli, General
Manager
Presented By: Pat Grady, Assistant General Dept: Administration
Manager
Prepared By: Pat Grady, Assistant General
Manager
Subject: Membership to CalDesal Organization
SUMMARY:
At the March 11, 2010 Board meeting, the President requested that membership to the CalDesal
organization be discussed at the next Exec-Admin Committee meeting. Attached for the
Committee's review is a description of the organization.
STAFF RECOMMENDATION:
That the Committee discuss and consider joining CalDesal at a cost of $5,000.
DISCUSSION:
CalDesal is a non-profit organization that assists and facilitates the use of desalination facilities in
California by advocating legislation and regulatory action in Sacramento. The advantage of joining
this type of organization is to provide a unified voice in supporting and promoting these types of
facilities as the water crisis in California continues.
The benefit to the District by joining this organization is unclear at this time. However, there may be
a potential future benefit with the creation of an additional water supply through MWDOC or other
strategic partners. For this reason, the Committee may want to consider membership.
ATTACHMENTS:
Name: Description: Type:
CalDesal.pdf CalDesal Backup Material
Home Page http://calclesal.org/
- U De a-i
al S
A Unified Voice for
Water Desalination in the Golden State
Because desalination needs a strong and unified voice, there is now CalDesal. Ocean-water and groundwater
desalination can play a major role in meeting California's future water needs, but this plentiful resource faces
increasing challenges on a variety of fronts. Now is the time for California's water industry and water advocates
to step up and be heard. CalDesal is where your voice will join with others, unified to affect real change for
California's future.
How CalDesal Works for You Special Founding Member Offer
As a non-profit managed by its members, CalDesal advocates in
Sacramento and throughout the state for legislation and regulatory For 2010 only, public agency and
action to facilitate the use of desalination to help meet California's associate memberships are both
water-supply challenges. By joining together behind a singular, offered at just $5,000.
common cause, CalDesal members benefit from: Act now!
• Focused legislative and regulatory advocacy
• Grassroots organizing CalDesal Members Include:
• Insider news and information
• An opportunity to become part of the solution o Regional water utilities
o Special district water
providers
o Cities and counties
Why CalDesal? o Private water companies
CalDesal is the only advocacy group in California solely dedicated o Desalination firms
to advancing the use of desalination. Other organizations choose o Water industry advocates
not to engage, or address desalination as part of broader policy o Consultants
platforms. CalDesal's narrow focus allows for the most targeted,
credible and persistent support for this important technology.
Now is the Time!
With California in a declared "Water-Supply Emergency" and proposed solutions hinging upon increased
precipitation or voter approval, there has never been a more important time to commit to locally produced
desalinated water. Opponents of desalination are better funded and better organized than the water industry.
But not for long! Help us engage, level the playing field and make desalination a reality.
For more information or to join CalDesal contact
Paul Shoenberger at (949) 631-1206 or pauls@caldesal.org
Website hosting provided by RBF Consulting
1 of 1 3/11/2010 10:22 AM
ITEM NO. 3.3
AGENDA REPORT
Meeting Date: March 16, 2010
Subject: Customer Feedback Report
ATTACHMENTS:
Name: cv, i~a$icri: a ype:
Customer Feedback.pdf Customer Feedback Backup Material
CUSTOMER FEEDBACK 2010
Customer Feedback Calls
Data based on date of original request)
°��ao
G �y G � ,s
I�° `� �° Q
Jan
152
86
57
31
8
15
2
2
5
30
Feb
164
66
50
28
1
23
4
3
1
11
Mar
Jun
Jul
Oct
Nov
Dec
Explanations:
T E = Excellent
A = Average
P = Poor
(Customer Feedback Cards (Data based on date of initial service request) I
Rep Taking Call I Response Time I Knowledge
e IHandlingofProb I Overall Satisfaction
o�G�Q- o``Go� o'`����
'lk
191 81 5
01 01 0
ITEM NO. 3.4
AGENDA REPORT
Meeting Date: March 16, 2010
Subject: General Counsel's Monthly Summary Billing Report
ATTACHMENTS:
Name: Dosciiption: a ype:
MKB - Billing Summary Feb.pdf MKB Billing Summary Report(s)
YORBA LINDA WATER DISTRICT
MONTHLY SUMMARY BILLING CHART
BILLING MONTH: February
Matter Matter Date Task Order
Name Number Opened Amount
CURRENT FISCAL YEAR 2009 -2010
Current Billing Total Billed to Date Total Billed 2008 -2009
February 23, 2010 Current Fiscal Year Prior Fiscal Year
CONSTRUCTION CONTRACTS
002
7/31/2007
NIA
$3,570.00
$27,387.31
$16,113.90
PROPERTY TAX ALLOCATION
030
$0.00
$1,404.54
$2,085.00
OCWD ANNEXATION
040
1/13/1994
NIA
$165-00
$2,722.50
$7,185.00
RICHFIELD SITE IMPROVEMENTS
042
$0.00
$0.00
$545.00
SHELL
051
$0.00
$51.34
$1,304.71
HIDDEN HILLS RESERVOIR
068
8/25/2003
$5,070.52
$63,322.60
$120,193.53
YLWD DEIMER PLANT
069
$1,635.00
$1,635.00
S&S DEVELOPMENT AGREEMENTS
071
$0.00
$0.00
$6,140.00
RWQCB
073
12/18/2002
$0.00
$0.00
$636.21
LAKEVIEW RESERVOIR
081
3/2/2005
$20,000.00
$0.00
$577.50
$1,924,00
NON - CONSTRUCTION AGREEMENTS
084
4/5/2005
$11,000.00
$2,373.50
$16,997.44
$43,493.12
CELL TOWER
085
7/28/2006
$15,000.00
$0.00
$2,043.80
$1,012.50
WATER RATESM/ATER CONSERVATION
087
7/31/2006
$10,000.00
$2,487.35
$14,641.85
$76,130.12
BOD PROCEDURES
089
3/27/2006
$5,000.00
$0.00
$0.00
$12,522.50
GRANDVIEW SEWER
091
5/3012007
$10,000.00
$0.00
$545.50
$1,202.50
Matter Matter Date Task Order
Name Number Opened Amount
Current Billing
February 23. 2010
Total Billed to Date Total Billed 2008 -2009
Current Fiscal Year Prior Fiscal Year
TOTAL 1 $15,30137 $131,329.38 $290,488.09
McCormick, Kidman & Behrens Charges
Month of
Feb-2010
Expensed 16,421.37
Job charges 880.00
17,301.37
YTD through
Feb-2010
Expensed 121,839.25
Job charges 26,980.13
148,819.38