Loading...
HomeMy WebLinkAbout2024-03-26 - Board of Directors Meeting Agenda Packet AGENDA YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS SPECIAL MEETING Tuesday, March 26, 2024, 8:30 AM 1717 E Miraloma Ave, Placentia CA 92870 1. PARTICIPATION INSTRUCTIONS This meeting will be held in person. For public convenience, the meeting can also be accessed via internet-based service or telephone as indicated below. For questions regarding participation, please call the Board Secretary at (714) 701-3020. Computer/Mobile Device: https://us06web.zoom.us/j/88257109486 Telephone: (669) 444-9171 or (669) 900-6833 Meeting ID: 882 5710 9486 2. CALL TO ORDER 3. PLEDGE OF ALLEGIANCE 4. ROLL CALL Trudi DesRoches, President Tom Lindsey, Vice President Brett R. Barbre, Director Phil Hawkins, Director Gene Hernandez, Director 5. AB 2449 TELECONFERENCE REQUESTS 6. PUBLIC COMMENTS Any individual wishing to address the Board (or Committee) is requested to identify themselves and state the matter on which they wish to comment. If the matter is on the agenda, the Chair will recognize the individual for their comment when the item is considered. No action will be taken on matters not listed on the agenda. Comments are limited to three minutes and must be related to matters of public interest within the jurisdiction of the Water District. (GC 54954.3) 7. DISCUSSION ITEMS This portion of the agenda is for matters that cannot reasonably be expected to be concluded by action of the Board (or Committee) at the meeting, such as technical presentations, drafts of proposed policies, or similar items for which staff is seeking advice and counsel. Time permitting, it is generally in the District’s interest to discuss these more complex matters at one meeting and consider formal action at another meeting. This portion of the agenda may also include items for information only. 7.1. Interviews for Legal Counsel Services 8. ADJOURNMENT 8.1. The next regular Board meeting is scheduled Thursday, March 28, 2024 at 8:30 a.m. Items Distributed to the Board Less Than 72 Hours Prior to the Meeting Non-exempt materials related to open session agenda items that are distributed to a majority of the Board of Directors (or Committee Members) less than seventy-two (72) hours prior to the meeting will be available for public inspection in the lobby of the District’s Administrative building located at 1717 E Miraloma Ave, Placentia CA 92870 during regular business hours. When practical, these materials will also be posted on the District’s website at https://ylwd.com/. (GC 54957.5) Page 1 of 3 Accommodations for the Disabled Requests for disability-related modifications or accommodations, including auxiliary aids or services, required for participation in the above-posted meeting should be directed to the Board Secretary at (714) 701-3020 at least 24 hours in advance. (GC 54954.2(a)) Page 2 of 3 ITEM NO. 7.1. AGENDA REPORT MEETING DATE: March 26, 2024 TO: Board of Directors FROM: Mark Toy, General Manager STAFF CONTACTS: Annie Alexander, Senior Executive Assistant / Board Secretary SUBJECT: Interviews for Legal Counsel Services BACKGROUND: As directed by the Board of Directors, interviews for general legal counsel services have been scheduled as follows and will consist of a 5-minute introduction, 35-minute question and answer period, and 5-minute summation, for a total of approximately 45 minutes: 9:00 AM Atkinson, Andelson, Loya, Ruud & Romo 10:00 AM Aleshire & Wynder 11:00 AM Kidman Gagen Law 12:00 PM Richards Watson Gershon Contract award is scheduled for the regular Board meeting on Thursday, April 11, 2024 at 8:30 a.m. As described in the Board Policies and Procedure Manual, the District's legal counsel (and labor counsel if services are provided by a separate firm), are appointed by the Board and serve as the attorney(s) for the District. Page 3 of 3 BACKUP MATERIALS DISTRIBUTED LESS THAN 72 HOURS PRIOR TO THE MEETING Cerritos • Fresno • Irvine • Marin • Pasadena • Pleasanton • Riverside • Sacramento • San Diego General Legal Counsel Services March 26, 2024 SUPPLEMENTAL MATERIAL ITEM NO. 7.1. Experienced Team 1 Suparna Jain Partner Asst. General Counsel (626) 773-7664 sjain@aalrr.com Eddy Beltran Of Counsel Environmental & Construction (949) 536-2234 eddy.Beltran@aalrr.com Kevin Dale Partner Labor & Employment (559) 221-2874 kdale@aalrr.com Jeff Hoskinson Partner Water, Facilities & Construction (949) 453-4287 jeff.hoskinson@aalrr.com SUPPLEMENTAL MATERIAL ITEM NO. 7.1. About AALRR •Established in 1979 •Headquartered in Cerritos •More than 240 Attorneys •Dedicated water practice •Ranked on the AmLaw 200 list of largest law firms 2 SUPPLEMENTAL MATERIAL ITEM NO. 7.1. Full-Service Law Firm 3 Water •Water Rights and SGMA •Water Transfer and Storage Agreements •State Water Contracts •CEQA •NEPA •Federal and State Endangered Species Acts •Environmental Regulation Labor & Employment •Collective Bargaining •Grievance Processing •Arbitrations, Mediation •Fact-finding •Litigation •Layoffs •Contract Administration •Wage and Hour •Leaves •Workers’ Compensation •Unemployment Insurance •Employment Discrimination •Dismissals •Employee Discipline •Discrimination Complaints Construction & Public Works •Contracts and Bids •Contract Preparation •Bid Specification •Breach of Contract •Bid Protests •Construction Claims •Construction Defects •Builder Liability •Engineering and Design Failures •Soil Erosion •Stop Notices •Bond Claims •Delay Claims Real Property •Developer Fees •Eminent Domain •Joint Use Facility Agreements •Leases, Sales & Exchanges •Contracts •Easements •Property Acquisition and Disposition Litigation •Administrative Hearings •Federal and State Court Proceedings •Trials •Appeals •Torts •Ordinance Enforcement •Contract Disputes •Employee Discharge and Discrimination •Construction Contract Disputes •Eminent Domain and Inverse Condemnation •Water Quality and Rights Taxation and Bond Issues •Retirement Plan Review •Employment Tax Issues •Payroll Tax Audits •Employee Benefits Plan Review, •General Obligation Bond Counsel •Special Tax Bond Counsel •Lease/General Fund Secured Financings SUPPLEMENTAL MATERIAL ITEM NO. 7.1. Statewide Presence 4 SUPPLEMENTAL MATERIAL ITEM NO. 7.1. Established Water Practice 5 General Counsel •Diablo Water District •East Orange County Water District •Joshua Basin Water District •Lincoln-Sewer Maintenance District 1 Wastewater Authority •Mesa Water District •North Kings Groundwater Sustainability Agency •United Water Conservation District Special Counsel •Arvin-Edison Water Storage District •Coachella Valley Water District •Crescenta Valley Water District •Easter Municipal Water District •Golden State Water Company •Kern County Water Agency •Metropolitan Water District •Santa Clara Valley Water District •Sweetwater Authority •Westlands Water District •Yucaipa Valley Water District SUPPLEMENTAL MATERIAL ITEM NO. 7.1. Question AnswerSession 6 SUPPLEMENTAL MATERIAL ITEM NO. 7.1. Fred Galante, General Counsel Christine Carson, Assistant General Counsel Martin Koczanowicz, Assistant General Counsel Proposed Team: March 26, 2024 SUPPLEMENTAL MATERIAL ITEM NO. 7.1. Fred Galante Positions City Attorney City of Chino City of Cypress General Counsel Housing Authority of theCounty of San Bernardino Home Gardens Water District Orange County Council ofGovernments Practice Areas Contracts Public Works Economic Development Environment & Natural Resources Ethics & Open Government Housing Land Use & Zoning Mining Property Acquisition & Takings Public Agency Organization Water Education Loyola Law School, JD 1995 St Thomas More Law Honor Society Cal State University Northridge, BA 1992 2 SUPPLEMENTAL MATERIAL ITEM NO. 7.1. Christine M. Carson Positions General Counsel South Dos Palos County Water District San Luis Rey Municipal Water District Deputy General Counsel Valley County Water District Practice Areas Public Contracts Environmental Law Ethics & Open Government Labor & Employment Real Estate/Title Risk Management Water Education Loyola Law School, JD 1996, cum laude, Order of the Coif, Academic Honors Scholar, Sayre MacNeil Scholar Boston University, BA 1990, cum laude 3 SUPPLEMENTAL MATERIAL ITEM NO. 7.1. Martin Koczanowicz Positions City Attorney City of Ridgecrest Assistant City Attorney City of San Gabriel General Counsel San Gabriel County Water District Practice Areas Environmental and Natural Resources Labor & Employment Land Use & Zoning Litigation Public Agency Organization Real Estate Water Law Education University of La Verne, JD, 1986 4 SUPPLEMENTAL MATERIAL ITEM NO. 7.1. We are a full-service public law firm with outstanding specialists in cost structures that are less than Large Firms. Our 60+ attorneys are solely devoted to representing public agencies. Our Services include: Specialty •Land Use & Zoning •General Litigation •Constitutional •Service Contracts •Public Works Contracts •Brown Act •Public Records •Conflicts of Interest •Franchises •Refuse •Rates, Fees and Taxes •Risk Management •Real Estate General •Economic Development •Successor Agencies/Redevelopment and Housing •Eminent Domain •Toxics and Hazardous Waste •Utilities (Energy, Waste, Sanitation) •CEQA and Endangered Species •Public Finance •Elections Law •Code Enforcement •Cannabis regulations •Water •Education •Mobile Home Parks •Prevailing Wage Law Compliance •Labor & Employment SUPPLEMENTAL MATERIAL ITEM NO. 7.1. HIGHLIGHTS We represent, as general and special counsel, multiple municipal and county water districts, irrigation districts, JPAs , state water contractors, GSAs, and improvement districts. Reached a $7.9 million settlement with Southern California Edison to resolve wildfire claims resulting from the 2018 Woolsey Fire. This settlement will help a water district with the costs of restoration without passing that cost through to its customers. Currently advising several water districts on the Multi-District Litigation concerning PFAS ; Ms. Carson is frequent presenter on PFAS and has authorized articles on local, legislative and legal responses to PFAS . Antelope Valley Groundwater Cases (2020) 58 Cal.App.5th 343 59 Cal.App.5th 241: resolved after 5 separate phases of trial to litigate the basin boundaries, the area of adjudication, the native safe yield, the federal government’s special reserve rights and, finally, the individual pumping rights of each party. Regularly advise on Prop . 218, and have successfully litigated Prop. 218 and Prop. 26 cases. SUPPLEMENTAL MATERIAL ITEM NO. 7.1. COST CONTROL Effective implementation of several strategies: Control who receives assignments, limit the number of people working on a matter, and use paralegals when possible Control firm overhead costs and utilize technology to reduce costs Supervise attorneys and use attorneys in their areas of specialization Use standard forms (e.g., form contracts) SUPPLEMENTAL MATERIAL ITEM NO. 7.1. ALESHIRE & WYNDER RECOGNIZED BY LOS ANGELES BUSINESS JOURNAL •At Aleshire & Wynder, we embrace and promote diversity, with respect to each individual’s career path, and professional and life experiences. •We are proud that our firm’s Diversity, Equity & Inclusion Committee has been recognized by the Los Angeles Business Journal as a "DE&I Team of the Year," an award that honors diversity, equity and inclusion champions in the Los Angeles region for their ongoing efforts to celebrate and respect the unique needs, perspectives and potential of all their team members while simultaneously creating an inclusive environment that enables diversity and equity to thrive. SUPPLEMENTAL MATERIAL ITEM NO. 7.1. FEE PROPOSAL Our fee proposal will make us competitive with any municipal law firm in California GENERAL LITIGATION & SPECIAL SERVICES Partner $350 Partner $360 Associate $300 Associate $315 Law Clerk $180 Law Clerk $180 Paralegal $180 Paralegal $165 Document Clerk $110 Document Clerk $110 13 SUPPLEMENTAL MATERIAL ITEM NO. 7.1. 10 THANK YOU ! SUPPLEMENTAL MATERIAL ITEM NO. 7.1. Presented by Nicholas R. Ghirelli and Kyle Brochard Yorba Linda Water DistrictGeneral Counsel Services 1 SUPPLEMENTAL MATERIAL ITEM NO. 7.1. Nick Ghirelli – General Counsel Jim Markman – Assistant General Counsel & Water Rights Counsel Kyle Brochard – Litigation/SGMA Specialist Rebecca Green – Labor/Employment Craig Fox – Public Works RWG’s Litigation and Transactional Attorneys with decades of experience Our Primary Team 2 SUPPLEMENTAL MATERIAL ITEM NO. 7.1. Two Attorneys with Decades of Experience Representing Water Districts, Cities, and Public Agencies, including: •Nick: City Attorney of Seal Beach and Rancho Cucamonga •Jim: General Counsel of Beaumont-Cherry Valley Water District, Antelope Valley-East Kern Water Agency, and Central Basin Water Rights Panel Leaders in Groundwater Management, including SGMA and Groundwater Adjudications •Indian-Wells Valley GSA •Mari na Coast Water District Desalinization Project •Antelope Valley Adjudication Our Team’s Experience 3 SUPPLEMENTAL MATERIAL ITEM NO. 7.1. YLWD is in our backyard: We’re close by and at your side YLWD’s Board and staff are experienced and sophisticated water and wastewater professionals YLWD cares about its residents and providing them with exceptional services at an affordable cost YLWD is cutting-edge We want to be a part of the District’s future and help maintain the quality of life in the Yorba Linda community We Want to Be the District’s General Counsel 4 SUPPLEMENTAL MATERIAL ITEM NO. 7.1. Nick will provide General Counsel services that serve your needs and goals •Priority: Accomplish YLWD’s goals in a timely, ethical, and cost- effective manner •We understand YLWD’s desire to streamline the governmental review process, to be business and customer friendly, and transparent •We have the experience and will work hard to get to “yes” in ways that comply with the law, are transparent to the public, and cut red tape and delays A collaborative team member that provides excellent legal services RWG Will Provide the Legal Services and Style that You Need and Want 5 SUPPLEMENTAL MATERIAL ITEM NO. 7.1. We are ready to hit the ground running for the District We have the legal experience to get things done now We have the capacity and availability to capably represent YLWD now and in the future −Water Rights −Labor/Employment −Public Works Contracting −Contraction Defects −Public Finance −Real Estate Nick and his team will be available and on-call to accomplish any task when needed RWG Is the Right Fit for the District and Is Ready to Serve 6 SUPPLEMENTAL MATERIAL ITEM NO. 7.1. THANK YOU Nicholas R. Ghirelli Richards, Watson & Gershon nghirelli@rwglaw.com 3.26.24 7 SUPPLEMENTAL MATERIAL ITEM NO. 7.1.